The independent. [volume] (Elizabeth City, N.C.) 1908-1936, 1929-07-12
If THOSE M. DIS.
HAD SAUNDERS
up IN VIRGINIA!
They Would Back a Truck Up
To His Door and Take His
Type and Presses
tSnnciaI CorreSpon 1anccl

'S"fidi SOTVSSpOH'"
NORFOLK, VA, July lin
newspaper circles, as elsewhere in
Norfolk where The Independent
ciculatcs, the case of Mrs. Cecil
F CARROTS death in st. NincentS
Hospital here has been followed
with intense interest; and by and
large, the manner in which The
Independent has covered the case
has brought warm commendatiOn
for its editor.
There are these who have felt
that The Independent has gone
after Dr.. c. D. j. Macdonald. city
coroner. and DR.. R. L. Payne. sur
geon who treated Mrs. Garrett, in
perhaps more roughShod fashion
than circumstances warranted; but
these have been in the minority.
That fellow certainly has got quits 8,
is a remark heard more than once,
in reference to w. o. Saunders, The
independents swaShbuckling. tradi-
blasting editor.
DR.. Payne, queried by telephone
as to his dosage of pitileSS public
itv in the Elizabeth City weekly. re-
plied that he had absolutely no
statement to make in connection
with the matter. DR.. Macdonald,
whose handling of the case in his
capacity of coroner was criticized
merciieSSly, is adopting an air OF
injured innocence, declaring his
friends know he deserves no such
censure as The Independent heap-
ed upon him. and that the attitude
If the others doesn't matter great
" anyway: that they will find out
ultimately that he has not been
neglectful Of his duty.
If Saunders were in Virginia. IN
stead of across the line in North
Carolina, newspapermen here feel
certain that he already would have
been served notice of libel proceed
ines as the aftermath OF the case.
That is because there is a world OF
difference between the libel laws OF
the two states.
In North Carolina, the truth Is
justification for any spoken or writ
ten criticism Of a man-proVloeo
i can be proven. if needful. In Vlr-
ginia under many circumstances 1t
IS not. The greater the truth, the
greater the libel" is a saying long
,urrent in newspaper circles in that
connection.
yirginias libel law is based on the
,,d anti-duelling law, passed some
thing like a century ago as a deter
rent 10 the then prevalent custom
Of settling personal differences at
the point of a sword or pistol. III
seeking to discourage the compara-
tiyelv rapid extinction OF worthy
citizens by one another on points
of personal honor, the law was
drawn so as to permit monetary
satisfaction for almost any sort OF
Grievance one citizen might nave
l~aiast another.
Publication III Virginia news
naner of an entirely true assertion
refIecting on the character OF an
individual is, broadly speaking
Grounds for a libel suit. If a Vlr-
ginia newspaper quotes an lndlVi-
ana, in such an assertion calculat-
ed TO iniure another, the newspaper
and the individual quoted are joint
ly liable. .,, g
Court records are privileged OF
publication, and the testimony OF
witnesses in court falls in the same
category But if warrant is sworn
ont against an individual, and With
drawn before being served, no mat
tor for what reason, publication OF
tho issuance of that warrant is libel.
virginia newspapers made an Ell
fort TO have these libel laws modl-
led in the last General Assembly
b,,t oot nowhere with it, chiefly be-
Continued on Page Two