Newspaper Page Text
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OFFICE: No. 13 Tenth. 4StT.dti Thofritcn'H Building.
THE LA XV OF LIBEL.
The committee, appointed by ib
Press Association of Illinois, af the fle's
lon held In this city last April, havo
memorialized the Constitutional Conven
tion to mnke certain changes In tho law
of libel, which, It 1h thought, tho Hplrlt of
tho times demand. Wo have hereto
fore published tho memorial, and to-day
lay before our readers tho opinions of
such pnpers an havo commented on tho
action of'tho committee.
Wo havo no doubt that thoHo lawyers
who cling to the musty traditions of tlio
pMt, and meet every proposition of law
reform with tho violent clamor of bois
terous denunciation, will resist the
making: of tho proposed changes; but
that any fair-minded citizen cau full in
with these legal fossils wc cannot believe.
As tho law fttauds at present In Illinois!
an editor who endeavors to be a faithful
chronicler of pns.ning events, is at the
mercy of every legal shyster who wishes
to pursue him with hutred or rob him
under tho forms of law. Editors aro not
infallible, but arc, indeed, as liable to be
deceived by false representations and
sensational reports as other mortals.
They often publish, without malice, and
believing them true beyond any doubt,
reports of events, which subsequent de.
vclopments prove to have no foundation
in truth. The editor mny then retract
apologize make all possible reparation
with pen and tongue, and yet if ho can
not show tho truth of the charge, or ab
sence of malice, a Jury will mulct him In
damages. In no other action at
law Is such a burden put upon tlo do
feu sc. In other actions the prosecution
must show the evil Intention, the un
lawful determination, of tho defendant;
but in this, the defendant mut prove his
charge true, no matter what tho circum
stances were under which it was made,
or tho suffer in damages. In other ac
tions tho prosecution must prove the de
fendant guilty or liable beyond a reason
able doubt; hut in this, tho dofendant is
compelled to prove his Innocence. The
rule, a hard one, had Us origin In that
era when tho press was regarded as the
enemy of privilege, and was created to
hedge about and protect cast from tho as
saults of (democracy. It should be
changed, so that an editor charged with
seeking to compass tho ruin of character
by publications in his paper, would stand
Innocent in the eyes of the law until he
has been proved guilty.
Mrs. Julia Ward Howe Invited Senator
Sumner to dinner to meet Edwin Booth.
He decllued for tho reason that he was
"too ranch absorbed In the welfaroof the
masieito take any interest in individu
als." This noto was put away in Mrs.
Howe's scrap book with the idiarp com
ment that "when last heard from the
Almighty had not yet reached this point."
CorblnTTn his testimony before the
gold speculation committee, now sitting
at Washington, has exonorated the
President and family from complicity In
tho dishonorable afTulr. It Is said, Corbln
beat Flsk and Gould at their own game,
and by doing a superior article of lying
succeeded In making a handsome sum
Farnsworth said in the house the oth
er day that Butler's conversion was so
sudden It shamed that of St. Paul, while
the light that shono about him turned,
the apostle'a brilliancy into darkness.
But, remarks tho N. Y. 'Commercial,'
the light which shone around Saul came
from above that around Butler from
An attempt has been made to organlzo
a vigilance committee In Chicago. This
fact maybe taken as conclusive eyidenco
that tho success of the lato "reform"
movement In that city has not worked
out any good results. It may become
the duty of the vlgllantH to hang tho re
formers. Tho feraalo teachers of Chicago, who
persist In using the switch, have a hard
timo. The local papers of that delecta
ble city, call them "holl-cats," "pries
tesses of the whipping post," "barba
rians," and other pet names.
i -it- - -
William 8. Groesteck, Esq., of Cincin
nati, one of tho couusel of President
Johnson, In tho impeachment trial, Is
spoken of as a possible candidate of tho
Democracy for the Presidency lu 1872.
Georgo Washington Rogers sued Luth
er G. BJggs, ot tho Moridlan (Coun.)
Record,' for 60,000 damages for slander.
Tho court awarded $ 10.
Several women havo formed a firm of
Btook-brokera In New York, and have
rushed into the conflict with tho bulls
and bears of Wall street.
Flsk has voluntarily withdrawn his li
bel suits against the New York (Tribune'
and paid the costs to date.
The Pope has issued a hull against tho
Fenians of America and Ireland.
Caleb Cushlng writes Secretary fish's
dispatches. , ,
There is a ministerial crisis in Bavaria.
' MONDAY EVENING, JANXJAKY 31, 1S70.
tTMi' t ; ('.. i I.I n -
WA TmWASHWO TOMS AD KiCMjU
Gon. Fognn made tho best speech of
hlsllfo lately on tho removal or the cap
ital question. In answer to tho argu
ment agalnetiemoval,' that the Father
of his Country placed tho capital where
It Is, Gen. Logan said:
"Could Washington .now arisa from
his quit tomb on-the bank of the'Potom
nc and look abroad over tho mighty em
pire which claims him as , Its father he
would Htand amazed. CouluVJirf ioo a
nation twenty millions strong, peopling
thd Bleat Valley whICli Id HU day Jwasj
ourwcst6m limit; coulilhegazouponthe
population which is rolling up against
tho far-oir Pacific coast, which was
then terra incognita, what, think you,
would be his advlco on this subject?
Hip lilu aiuiuc nf lllhtlon WOUld force him
to sayj 'CaJry. It Inter tad .mldstldf the
people; dhVrlsh. m children,1 ft kind
regard for tho old homestead, but go
forth to the glory that awaits you.' "
Jim Shoair,, editor (frf tho Decatur
'Magnet,' propose io'ru'n' for Mayor of
tho vlllago ho adorns. If Jim will take
good advice, ho won't do any such thing,
hut will stick to his pen. Why, to be
Unvnr la In ln tmrnil mnrnlntr. noall aud
night by .all kinds ofipeople, about all
khi'dVof businefts; and fheiif'tie Tumor"
Is outweighed by tho abuse. J:. very
little, Insignificant nobody, and the
irwillrln!i fnllnurft who can't have their
pwn way, take aim at 'his honor! " arid
fire away. Don't, HlioafT.
The Chlcagoans are Indignant because
Governor Palmer, upon- tho petition of
the Mayor' 6f Chicago, and nearly all
thu members of the Board of .Aldermen,
commuted tho sentence- of Walsh, tho.
wife-murderer, from hanging Into 1m-;
prlsoument for life. Tho petition charged
tho wife of Walsh with unfaithfulness to
her marriage- vows. Tho Gorornor can
not properly bo blamed. Ho acted
properly. The worst of men aro too
good for hanging, which is neither a
punishment- nor for a preventive of
crime. , , ,
TIIR CHICAGO XAUAZIXK,
Tho 'Western Monthly' for Febuary Is
a little behind time, but compensates
for the delay bv tho excellence of its con
tents. Each succeeding number of this
perodical shows Improvements aud pre
sents additional claims why the maga
zlno ronders of the west should glvo It
their cordial, patronage. It represents
Western men, Western literature, and
Western Ideas, and it should receive
genuine Western encouragement. The
biographical sketch In this number Is
devoted to lion., John D. I'atoa, and is
accompunled by one of tho Western Bank
Note ami Engraving Company's admir
able steel portraits. George Hand's In
tensely Interesting story,, "Tho Rolling
Stone," ad varices ilhreo more chapters,
giving us In the last a pleasant glimpse
Into the Parisian theatres. Georgo W.
Bungay contributes a very pleasant
descriptive poem called "Snow Archi
tecture." ' Agriculture and Protection"
Is an nrgumeiiton the application of free
trade to agriculture which we especially
commeudto Western larmers. E. P.
Evaus contributes his second
paper upon "Sign-Boards," which
U full of quaint and curi
ous information. "Marcla ileatliton" is
the title of a brief hut very pretty story,
by "F. L. R." Georgo P. Upton has
compiled the "Muilclal progress of
Chicago" lu very compaot slinpa, giving
a completo rocordof the operatic and
concert history of the city, and tho or
ganization and growth of home societies
from the yeur 1&50, which may be called
the tlrst musical year of the city, to tho
present time. The article Is of special
yuluo to all rauMcluns and connoisseurs
ns a means of relereuco. ProfessorWill
Jam Matthows, of tho University of
Chicago, has made up a very Interesting
designation upon any collection of epi
grams. Tho Western 'Monthly,' Hko the
other magazines, has Us. say upon tho
Chinese question in an article by H.
Roundy, who has lived twenty years
among Uieni.Vud Is, thorefore, qualified
to speak. "The Most He Could Do" Is a
very happy titio to a very pleasant story
by James B, Kunuiou, Literary Editor of
tho 'Times.' The plot of the story Is laid
iu Eugland arid Italy ,,and apart from tho
thread of tho narrative; brings up some
very interesting' reminiscences of stu
dent life Jn Rome, and the experience of
the students. The story la told iu a very
smooth, easy way, and Is one, of the
pleasauteat papers in tho magaziue.
Tho Curreut Notes, Bonk Notices, and
Chit-Chat are very sprightly and read
able. LUMUXCorTM JCAUIZI.NE,
ForFehruary.lt contains: "The Vi
car of Bullhampton," part VIII; ''The
Bird," a poem; rrheFennrFamUy;"
"Match Making;" Under Falso Colors;"
"High Llfo, or Sketches in Switzerland ;"
"The Freedman and his Future;" part
II; "Beyond tho Breakers";" a novel .
concluded; "Our Geographical Spon
sers;" "An extraordinary Episode;'
"Tho Report of tho Special Commis
sioner;" "Edwin M. Stanton;" seurot
history of Lincoln's cabinet; "Our
Monthly Gossip;" Literature of tho
The conductors of 'Llpplucqtt's, Mag
azine' have made ample and attractive
arrangements for the curreut volume.
Th ore is nothing about It but recommends
to thVblghest aid best culture. -Its rcon
tents aro ulways varied and Instructive,
embracing as It does, several uovo's,
tales, sketches of travel, adventures, es
says, poems and papers on popular top
Icsof the.day-and 1 by the ftbUst
writers. Yearly. Bubscrfptlon 00
Address J. U. iiippinoou a uo., no a uj i
MarKet Street.hlladelphlft. It Is kept(
for sale by Rockwell & Co. . . ,
. . The Frcmonls.
fWlittt John C.' and Je.mle Look
, ;-j vr
"Oath," the Washington, correspon
dent 'of tho Chicago 'Tribune,' wrltlug
under a late date, says:
I Wcr saV Jessie (Benton) Fremont
till list Saturday when she camo In to
dinner at tile Arlington Hotel with litr
husbaiid, and they sat down lu myauKlo
of vision for an hoar. Mrs. Fremont is a
large, fat blonde, with a sharp, up-turned
nose, a good complexion, a bright eye,
lighted up partly with humor and partly
with intentional high spirits, aud her
carriage, health, "bounce," and ripe
brown,, nutty tints mudo rattier an agree
ablo ictc-a-Me. Sho probably weiglH
about 180 pounds, whllo tho little Geni
al has scarcely tho heft of l'JO. He Wot
outcqmbed gray whiskers and npUlcd
?ra hair, encompassing his UUlo Fnsnch
ncd llko furzo, and two black, frighten
ed eves stare out Hko a rabbit's. Partly
an exquisite's and purtiy an adventurer's
is his face, yot with some aristocratic
smallness and delicacy of features in it
She. has a pronounced American. (ace,
somewhat too much sol (.possessed and
- The. Law of Libel.
The Proponed Amendment to the
fFrom ihn Chicago Tribun, lua. 2T
Mr. MedlUhaH presented to the State
Convention the memorial of tho Newspa
per Astoclatlou ot irilnols, praying that
the Constitution be so amended that In
prosecutions for libel, publishers shall be
placed upon an equal footing with all
other defendants, and he relieved from
those logai presumptions which exist in
no other oIoim of siilU. Tho memorial
asks no exemptions from the ordinary
rules' of justice. It only asks that tlie
law of libel be modernized, aud divest
ed of those aroltrury and oppresilvo re
quirements which have come to is from
days when the publication of a newspaper
In any Jo rm wai considered, an r.utrage
upon Special privileges.
Iu somejif tho Stntes the law o,' libel,
has been so modified that, while it main
tains a strict responsibility for Injury and
provides adequate punishment for mall
clou j defamation, It discriminates bo
tweeu accidental or inadvertent injus
tice and that which hi the result
of deliberate or malicious In
tent. In Kuglaud this dis
tinction has. been substantially establish
ed by tho progressive liberality of tho
Courts, and, while a malicious libel Is
uowhero moro severely punished, tho
Courts have resolutely set their faces
against all. prosecutions Tor mere tech
nical libels, aud agalust vindic
tive damages when there Is no In
tent to liijuro and a ready disclaimer Is
made. Tho result of this has been the
cultivation of a spirit of courtesy and
fairness between tho press and tho pub
lic. On theonc hand, when lujustico is
done the newspaper H open to the Injur
ed jmrty for redress; and where nn un
justifiable libel is committed the Courts
Hold the guilty to a strbt responsibility.
The end obtained i full and substantial
Justice to both sides, a result whehis
hardly obtainable under the present
statoof tho law In Illinois and somo of
thu other States.
(From 111 l'rorli Trncrlpt, Jan. ST.
On Tuesday, Mr. Medlll presented to
the Convention tho resolutions passed by
tho Illinois Press Association, at its Cairo
meeting, which were that actions for li
bel be governed by tho same principles us
other actions; that tho defendants be not
required to prove a negative, aud that
tho pluintllThe required to prove u mal
icious intent; also, that the publication
of tho laws of the State bo required In tho
papers of tho State.
Tuese resolutlous cover ground so rea.
sonable and Just, that their Incorpora
tion into the proposed Constitution
should besecurcd;and if the Constitution
Itself bo rejected, It should be the duty of
tho next legislature to glvt- place In tho
Utues for their legal embodlmout. The
present law of libel is au unmitigated
Krom the SprlDsHcM Journal, Jan. tli.)
The appeal for a moro speclllo defini
tion of libel, is based, we believe, upon
tho fuct that malicious prosecutions
sometime grow out of. errors uninten
tionally committed by the press from false
'Information or otherwise, and there are
not wanting Instances where vexation
aiid expouslvo lltlgatlou, followed by a
verdict for heavy damages, has grown
out of such cases, even alter prompt and
voluntary correction has been mudo of
tho Injurious statement. Such an in
stance occured in a suit against u Chica
go newspaper a few mouths ago. In
that case astatemeut, ntlecllug tho char
acter ot one or moro persons, had been
wrltton out and placed in typo under a
mlsdppruheslon of facts; hut more trust
worthy Information having been recelv
od, orders wero given by the editor dl
reeling that the article ho omitted. By
an Inudvertance on the part of the fore
man of the "composing room" lu ma
king up tho paper, tho offensive artlclo
was Inserted, aud though a correction
promply appeared next day an ex
pensive libel suit was tho oonse
quenco, resulting lu a verdlot of six or
seven thousand dollars damages. A new
trial, however, Wfts granted, which re
sulted in roversiug the verdict of thojury
ou tho first .trial; , ,
This and ether like Instances Illustrate
the Injustice of a law of libel, which per
mits proseoutloiis when tho error was
not U'foutloualor when there wasevory
reason to believe the statement true, mid
when itwiw(jtt6'pnly.mudo without any
malice, butvaa; promptly .oprrectod
whon the ;rrof waa., discovered.,, There
would boovldeut'jwtlcoln plaolHg print
ed libel upon 'the samp groimd as spoken
slander making malloe or wanton per
sistence in a uofamatory statement a
Immullont, nf the orlniG.
TheJUHticeof the propositions of the1
,U . t .
nbovo memorial In roferenco to tho pub
lication of tho Laws in the newspapers
of tho State, with a view to giving infor
mation to tho peoplo in reference to the
laws under which they live, and whloh
they aro expectod to obey, is so apparent,
that at least three propositions on the,
subject havo already been presented to
tho Convention from as many different
members. There are preoedente for this
course in New York, Ohio, Michigan,
Maine nnd other States.
An effectual remedy for small-pox 1b
said to havo been recently found by a
surgeon of the British army in China.
Tho mode of treatment is as follows:
When tho preceding fever is ntita height
nnd just beforo the eruption appeals,. tho
chest Is rubbed with croton oil and tar
taric ointment. This causes tho whole
of the eruption to appear on tho part of
body to the relief or the rest. It also
secures a full and complete eruption, and
thus prevents the disease from attacking
tho luternal organs. This is now the es
tablished mode of treatment m the Eng
lish army lu Cnina, and Li regarded as a
The Charleston (Mo.) 'Courier' of the
20th of January says, that "though
tho efforts of the Government of Ar
kansas, urrangements havo been
made with heavy New York
capitalists, whereby the work of
making the levee down tho west bank
of the Mississippi, from the highlands
of Missouri, to the mouth of tho St. Fran
cis river will be Immediately commen
ced, and vigorously prosecuted to com
pletion. Tho plan is to build a railroad,
the bed of which shall bo a solid em
bankment,, thus securing a substantial
levee by Individual enterprise, and such
State aid as may bo granted, without
waiting for, or asking assistance from
the National Government."
Tho people of Cairo aro determined to
have manufactures. They have held
meetings, and appointed a highly ro
siiectablecommltteo from tho members
of the City Council to solicit attention
from manufacturers abroad. They offer
land or lots in sufficient quantity to ac
commodate any manufacturing husi
uuis, free of cost, and other encourage
ments to parties desiring to locate thero
for manufarturlng purposes. Jllinoit
a nonsK-snoi: makixu co.htest.
A contest between two rival black
smiths of Omaha, R. M. Strntton, aud
Andrew Manning, took place on tho 2.5th.
The match was for $50 aside, tho stakes
to bo awarded to tho man who could turn
olTono hundred horse-shoes, completely
made, with the exception of thu corks,
lu the smallest space of time and with
the best show of workmanship, fbtrat-
ton made ono hundred and ono horse
shoes In two hours aud nlntceu minutes:
Manning accomplished his ono hundred
after laboring two hours and thirty min
utes. The Judge decided that tho work
of each was equally good, and awarded
tho prize to Stratton on tho grouud of
quickness, ho beating his opponent elev
Q.r.EEN Si UILUEItT,
Attonicjs and Connscllor.i at Law,
MlllUm If. (Jrccn, )
William II. Ullbcrr,
3111m t'. Ullbcrl, J
SpetilUntion gtfn to Admiralty and StiWt
Ulllce ob Ohio lierce, llooina a and
ovar lat National Bak. Woli-tH
LLKN, WKU1J Si BUTLElt,
ATTORNEYS AT LiW.
Ofllca In nroaa' New BulliHng,
Corner of EloTtnth Mrctt and Commrreial Avaaua
ULKEY, WALL & W1IEELEK,
ATTORNEYS AT l.iW,
J OUST II. MtJLKET, "4
Ozo. W. Wall, CAIRO. ILL.
SAM'L T. WUEKLKR, J
Offlce Itooma, and 0 Winter Bloc
ATTORNEY AT LAW,
oaire. earner or vwelfth Utreet andWawn.
Will practice In this and the adjotatna Judicial elr
ittt, and makq collections In the nelsliborlngcoun.
tU of Mu.ouriand Kentuckv.
. J nMa in ..nm. A... IA llkr.nf
Mi"ari 1lTt' A SIoo, No. 124 Commercial ayenue,
li;vte to offer hit vervlcea to tliocltlicua of Cairo.
ItKKKilflTO-Dr. N.rt. DAvin.OhicaKo:
II. W. Itaymoml, V i-, flilcaguj
Jlciu. Btiekuejr Hi. Loui;
Hon. Thotuaa Kwin. Ohio;
K. ti. lloolh, Ki l'hlladelphla.
IR. W. R. SMITH,
PHYSICIAN AND SURGEON,
OI'r-lOK 10 COMMERCIAL ATKSVK
(Over Hannon'a Hook 8iore,j;
.ti.nUm. No. 11 Thlrlenth Street.
C. W. HUNNINO, M. D.
KKSinKNCE-Cor.Otl and Walnnt Itreata
OKICR-Cor. OtUHtreetand OUlo Vtttt,
Ol'KICK. HOURS-Krem I a.m. to 12 m., and lr
It. WAKUNEB, M. .,
OIBoe orarPo't Offlce.
MPS.UNU- lteildanca I Walnut akeat.
JOHN H. OBERLY 4 00
GRO OERIES COMMIB8I0N.
II" M. HULEN,
No. 72 Ohio Levee,
.Cairo 111. I
Rmatxett i. . . . MeroJianU of Cairo!
W. BTRATTON. x. BIRD.
gTRATTON & BIRD,
(Succrinorf te Stratton, Hudion h Clark),
WIIOL3A ' ,'
Grocers and Commlsnlea Mercluirtav'
American Powder Co., a Mi MamfatarM
Ag-etata for Coitoa Tarna, -
Na. (17 Ohio JLeree, Calra, 111.
J M. PHILLIPS 4 CO.,
(Succdiori io E.U.rttidrlekj .,) '
Forwarding and Commisrioa MerekuU
Oftiro - - m minola.
Liberal Advances Made on CcmtignrntnU, .
r rr'P"1! t racelre, atore or forward freight to
ill polnti btiy or eell on commlsilonu Uualnea at-
enucu lowiia prompinets.
Q W. GREEN,
(Succeaior to Faille, Oteen A Ce,,)
General CommUsIon MercbuHy
CAIIaO aeaaee a utmtwwinwtli a eeaeaaai maatlHft (af
W II O Ij E N A Ij E GRO CB B
PRODOOE AND COMMISSION
3MC 3Q H..O S jbV 3M T,
A'o. TC Ohio Ltvte, Cairo, 111.
8pec(al Attention glren to conilinraente and lUliu
BOAT STORES, GROCERIES AND PRO- ,
VISIONS, ' '
XI O OJjlIo Xioveo,
ocIStf Cairo, llllnala.
FIX)UK MERCHANT AND MILLERS',
2To. 80 Ohio Levee, Calra, llllnala.
Ordera aollclted and promntlr and allilaotorllr
DYAS T. PAKKRR. JOHN II. riHLUB.
pARKER & PHILLIS,
Couimlssiou and Forwarding XercfaaHf
And Dealers m
liny, Corn, On(a, Rim, nun all Kind mt
OHIO LEVEE -.-...-...f AJRO, ILL.
apl dlf t I
i. s. Anna.
YF.KS & CO.,
I. I. ATlU.
No. 133 OUlo Levee, CAIRO, ILL
Dealer In Orocerlea, Lira-, Flamr Paila, ftutera
In bulk, alwara cn hand. Corner Eighth atreeta
Oblo Loree, Cairo Illlnolt . lailUlT
BROKERS AND EXCHANGE DEALEBS,
Eighth afreet, aecoad door frum Cora. Are.,
Alie, I'aasare Tleketa from
Lxterpool, London, Havre, Antwerp, Burnt
and Hamburg, to Nevt York,
Or to anjr point Wait,
eTCollecllona maeon any point In Europe.
10 OMMBHCIAL AVRNUB,
la Elliott A Haftliorne Boot and Sho Store,
atcunn don a abort notlee. "arlt
JOnN W. TROVF.R CO.,
Real Estate, Bond aud Stock Broker.
Will attend fo the payment of Slate. unty aa d CJIr
Taxex, and all buaineaa pertalniag to a OhMllRiHi
Kiohth Stxskt, itcond door from Com. -at., A
den'M4ir , . Cal,IU..
. , : 'I V 'r