The Style Book of The Detroit News Part 18

Halifax explosion and fire, December 6, 1917, 150 killed, 2,000 injured, property loss, $40,000,000.

Iroquois Theater fire, Chicago, Dec. 30, 1903.

Johnstown flood, May 31, 1889; 2,235 lives lost; $10,000,000 damage.

Lincoln born near Hodgenville, Larue County, Ky., Feb. 12, 1809.

Lincoln a.s.sa.s.sinated, April 14, 1865.

Mayflower Pilgrims landed at Plymouth, Dec. 11, 1620, O. S., or Dec.

21, N. S., but landing is celebrated Dec. 22.

Mount Pelee eruption and destruction of Martinique, May 8, 1902.

McKinley a.s.sa.s.sinated, Sept. 6, 1901.

North Pole discovered by Peary, April 6, 1909.

New York great fire, Dec. 16, 1835.

Republic sunk in collision with Florida off Nantucket, Jan. 23, 1909; six lives lost.

South Pole discovered by Amundsen, Dec. 14, 1911.

San Francisco earthquake, April 18-19, 1906.

Steamship Eastland capsized in Chicago River, July 24, 1915; more than 800 lives lost.

Steamship Lusitania sunk by German submarine, May 7, 1915; 1,149 lives lost.

Steamship t.i.tanic wrecked, April 14, 1912, 1,503 lives lost.

Steamboat Gen. Sloc.u.m burned in East River New York, June 15, 1904; more than 1,000 lives lost.

Steamer Larchmont sunk in Long Island Sound, Feb. 12, 1907; 131 lives lost.

Volturno burned at sea, Oct. 9, 1913.

Washington died, Dec. 14, 1799.

Woodrow Wilson born, Dec. 28, 1856.

NOTES

THE LAW OF LIBEL

The following general statement of some of the fundamental principles governing the law of libel is intended to enable the newspaper writer to guard against the publication of indefensible libelous matter.

The intention is to state the rules and principles, as far as possible, without legal technicalities, and to include only such portions of the law on the subject as may be necessary or essential for the accomplishment of the double object desired.

For the purposes of the newspaper writer, libel may be defined as malicious defamation, either written or printed, charging on or imputing to another that which renders him liable to imprisonment, or tends to injure his reputation in the common estimation of mankind, or to hold him up as an object of hatred, scorn, ridicule or contempt.

Slander is malicious defamation by speech or oral language; hence the newspaper writer has no especial concern for the law relating to it, further than to remember one general principle--that the law of libel is much stricter than the law of slander. Thus, one may apply to another _orally_ words of personal vituperation and abuse that would not render him liable in a suit for slander, but which if published of another in a newspaper would be libelous and actionable.

The definition of libel here given is broad enough to cover all the experiences of the newspaper office. But the character of defamatory publication that is brought within its scope is best shown by the language of the courts in individual instances.

ACTIONABLE LANGUAGE

Language in writing has been held to be actionable _per se_ which "denies to a man the possession of some such worthy quality as every man is _a priori_ to be taken to possess"; "which _tends_ to bring a party into public hatred or disgrace"; which "tends to degrade him in society"; which "tends to expose him to hatred, contempt or ridicule"; which "reflects on his character"; which "imputes something disgraceful to him"; which "throws contumely and odium on him"; which "tends to vilify him"; which "tends to injure his character or diminish his reputation"; which is "injurious to his social character"; which "shows him to be immoral or ridiculous"; which "induces an ill opinion of him"; which "detracts from his character as a man of good morals"; which "imputes to him a bad reputation" or "degradation of character" or "ingrat.i.tude," and "_all defamatory words injurious in their nature_."

Each of the following terms charged on one personally in writing or in print has been adjudged in one or more reported cases to be libelous and actionable, namely:

That he was a "villain"; "liar"; "rogue"; "rascal"; "swindler"; "drunkard"; "informer"; that he was the author or the publisher of a libel or slander; that he was a "libelous journalist"; "a hypocrite, and using the cloak of religion for unworthy purposes"; "an imp of the devil"; "a miserable fellow it is impossible for a newspaper article to injure to the extent of six cents"; and "that the community can hardly despise him worse than they do now"; that he had paid money to procure an appointment to an office; that he had received money for offices; that he had been "deprived of the ordinances of the church"; that he was "thought no more of than a horsethief and a counterfeiter"; that he had infringed a patent; that he had been guilty of falsehood; of "dishonesty"; or "moral obliquity"; of "smuggling"; of "blasphemy"; of "false swearing"; that he was "insane"; that he was "fit for a lunatic asylum and unsafe to go at large"; that he had been guilty of gross misconduct in insulting females, etc. Where quotation marks are used, they indicate the exact language used in the respective publications complained of on which the suit was brought.

OBJECTIONABLE PUBLISHED CHARGES

The following published charges have been held to be objectionable, namely:

Want of chast.i.ty (as applied to women, at all events) or adultery (charged on either man or woman); the publication of the obituary of a person known to the writer to be living; a charge that a member of Congress was a "misrepresentative" and a groveling office-seeker; that a juror agreed with another juror to rest the determination of the damages in a case upon a game of checkers; characterizing a verdict of a jury as "infamous" and charging the jurors with having done injustice to their oaths; stating in the criticism of a book that the motives of the author are dishonorable or disreputable.

The ill.u.s.trations of this character might be multiplied indefinitely, but these cover the general range of libelous expressions when personally applied to an individual.

Imputations on character in allegory or irony may amount to a libel.

Imputing to a person the qualities of a frozen snake in the fable; _heading_ an article in regard to a lawyer's sharp practices, "An Honest Lawyer."

The general rule is that it is libelous _per se_ to impute to a person in his official capacity, profession, trade or business any kind of fraud, dishonesty, misconduct, incapacity or unfitness--any imputation, in fact, which would _tend_ to prevent him deriving that pecuniary reward from a _legitimate_ business which otherwise he would have obtained.

It has been held actionable to publish of a _butcher_ that he used false weights; of a _jeweler_ that he was a "cozening knave" who sold a sapphire for a diamond; of a _brewer_ that he makes and sells unwholesome beer or uses filthy water in the malting of grain for brewing; of a _tradesman_ that he adulterates the article he sells; of a _schoolmaster_ that he is an "ignoramus" on the subject he pretends to teach; of a _clergyman_ that he is immoral, or "preaches lies" or is a "drunkard" or "perjurer"; of an _attorney_ that he offered himself as a witness in order to divulge the secrets of his client, or that he "betrayed his client," or "would take a fee from both sides," or that he "deserves to be struck off the roll"; of a _physician_ that he is an "empiric," or "mountebank," or "quack," or "vends quack medicines"; of a _mechanic_ that he is ignorant of his trade; of a _judge_ that he lacks capacity and has abandoned the common principles of truth; and of anyone _in public office_ of a charge of malfeasance or want of capacity to fulfill its duties.

So also personal criticism of an _author_ might go so far as to injure him in his business as an author and come within the rule. And so of any other occupation from which the injured person derives pecuniary benefit.

CHARGING WITH A CRIME

It is hardly necessary, except for completeness, to add that to charge a person with _any crime_ brings the publication within the definition of libel.

If matter libelous _per se_ is published falsely concerning a person he is _presumed_ to have suffered loss without proving the specific amount or the manner of loss, the amount of damages being found by the jury in accordance with the circ.u.mstances of the case and various legal rules.

If the language complained of does not come within the foregoing definitions and limitations, and is not therefore libelous _per se_, still, if untrue, it may furnish the basis for a libel suit _where it has resulted in pecuniary loss or the loss of other material advantage_.

"Any false words are actionable," say the courts, "by which the party has sustained _special damage_."