A WICKED, SENSELESS LAW.
By Milton Charles Wilcox
MANY of the members of the last California Legislature were, during the late session of that body, unmercifully lashed and goaded by the press, whether deservedly or not we can not say. The legislators, or at least a majority of them, vented their spite by enacting two laws, one prohibiting the caricaturing of individuals without their consent, and another relating to libel, which follows:— TO ADD A NEW SECTION TO THE PENAL CODE OF THE STATE OF CALIFORNIA, TO BE KNOWN AS SECTION 258, RELATING TO LIBEL. The people of the State of California, represented in the Senate and Assembly, do enact as follows:— SECTION 1. There is hereby added to the Penal Code of the State of California a new section, to be known as section two hundred and fifty-eight, to read as follows:— 258. Every article, statement, or editorial, contained in any newspaper or other printed publication, printed or published in this State, which by writing or printing tends to blacken the memory of one who is dead, or to impeach the honesty, integrity, virtue, or reputation, or publish the natural or alleged defects of one who is alive, and thereby expose him or her to public hatred, contempt, or ridicule, must be supplemented by the true name of the writer of such article, statement, or editorial, signed or printed at the end thereof. Any owner, proprietor, or publisher of any newspaper or other printed publication, printed or published in this State, who shall publish any such article, statement, or editorial in any printed publication, printed or published in this State, which is not so supplemented by the true name of the writer thereof, signed or printed at the end thereof as required by this section, shall forfeit the sum of one thousand dollars for each and every article, statement, or editorial so published in violation of the requirements of this section, which said sum so forfeited may be sued for and recovered against any such owner, publisher, or proprietor so violating this section, in a civil action by and in the name of any person who may bring action therefor, one-half of the recovery to be paid into the treasury of this State by the plaintiff and the other half to be retained by the plaintiff in such action. If, in any such action, it shall appear by affidavit to the satisfaction of the court where such action is commenced that a defendant has made a publication in violation of this section within this State, and that after due diligence such defendant can not be found within this State, or is a foreign corporation, the court must direct an attachment in such action to issue against the property of such defendant and thereupon such attachment shall issue and be executed as in other cases where by law an attachment is provided for. SEC. 2. This action shall take effect thirty (30) days from and after its passage. It will be seen that the publication of important events in the lives of Judas Iscariot, Manasseh of Judah, Ananias, Henry VIII., Benedict Arnold, or any other notorious character, would serve to "blacken" their memories, and would subject the paper publishing these facts to prosecution, and fine of $1,000 for each offense, unless such statements are signed by the name of the writer. So, also, if simple facts are stated with reference to some of the living criminals in high political and commercial circles, and the article is unsigned, the law is violated. It means that all these articles, from a two-line item to a five-column production, must be signed by the writer. One-half the fine goes to the State, one-half to the informer and prosecutor. The law is silly; yet we believe in obeying law if it can be done without a sacrifice of principle. "Submit yourselves to every ordinance of man for the Lord's sake," reads the good Book, and so we comply with the law until that time comes, which speedily will, we hope, that the Supreme Court of the State shall declare it to be a blow at the freedom of the press, unreasonable and unjust, and therefore unconstitutional. And yet courts have done as foolish things as it would be to declare this law constitutional. For all unsigned articles the editor holds himself personally responsible. Articles by other members of the editorial staff will be signed by their initials. M. C. WILCOX.