The Waterbury Democrat., 1936-09-18

IIlO SLdLG $ CElIIlIIldl COU6s The proposed act, already on the ballot, will be voted on in accord ance with the Arkansas constitu- tional amendment providing for the initiative and referendum.
 The cloak of professional se- crecy is given the Fourth Estate in section IS of the proposed act which reads as follows:
 Before any editor, reporter, or other writer for any newspaper or periodical, or publisher of any news paper or periodical shall be re- quired to disclose to any grand jury, or to any other authority, the source of the information used as the basis for any article he may have written or published, it must be shown that such article was writ ten and published in bad faith, with malice, and not in the inter- est of the public welfare"
 Reaffirms Free Press
 The act goes further than simi- lar provisions of the states con- stitution, adopted in 1874, which says:
 "The liberty of the press shall for ever remain inviolate. The free com- munication of thoughts and opin- ions is one of the invaluable rights of man; and all persons may freely write and publish their sentiments on all subjects, being responsible for the abuse of such rights"
 A bill to reform the Arkansas criminal code was introduced in the last regular session of the general assembly early in 1885, but failed of passage. Governor J. M. Futrell then appointed @ committee to draft similar act for submission to the people at 8 general election Petitions were circulated when the committee finished writing the bill, and 13,690 signatures were ob- tained, considerably more than the 8 per cent needed to place the measure on the ballot.
 In explaining the section on newspaper privileges to Futrell, the committee said, "This would not render newspapermen incompetent to testify concerning communica- tionS to them, but would only per- init them to refuse to reveal confi- dential sources of information, upon which articles are written or pub lished by them are based, in their discretion.
 Such change in the law seems to be generally favored, and it is thought would enable newspaper men to obtain information of wrong doing which is now difficult. This is offered for the public welfare and is no shield for dishonest newspa- pers."
 Curb on Crime Seen
 Former Circuit Judge B. E. Isbell, De Queen, Ark, who made the original draft of the section, told the United Press, Since law en- forcement has suffered such 8 breakdown, it is my opinion that 'pitiless publicity is the best pro- lection the public has against all forms of lawlessness, and particu- larly against dishonest officials"
 Isbell recalled that shortly be- fore the section was written, re- porters in another state were called upon to disclose the source of their information used in @ story. They refused to do SO.
 While doubtless the judge sym pathized with them" he said, "he ordered them to jail. As the law now stands, judge in Arkansas would be required to do the same"
 The code reform bill also would expedite prosecutions, strengthen perjury laws, repeal statute which permits jurors from serving but one term in two years, and limit the fees of prosecuting attorneys.
 Other Changes Listed
 Two more initiated acts and three constitutional amendments will be on the November ballot. One act seeks monthly pensions of $50 for persons more than 60 years of age. This is about 10 times the amount now paid by the state. An other act would provide free text books for pupils in the first eight grades of public schools.
 One of the proposed amendments would exempt all homesteads with an assessed valuation of $l,000 from the state tax levy of 87 mills.
 Another amendment would pro- hibit the levying of any new taxes except with the consent of the people.
 The third amendment would au- thorize the creation of a commits sion to reapportion seats in the state legislature on the basis of the decennial federal census.