Chapter M: A Y O R Will (3)

The Constitution of Michigan provides: "Every citizen may freely speak, write and publish his sentiments on all subjects, being responsible for the abuse of that right; and no law shall be passed to restrain or abridge the liberty of speech or of the press. In all prosecutions for libel the truth may be given in evidence to the jury; and if it shall appear to the jury that the matter charged as libelous is true and was published with good motives and for justifiable ends, accused shall be acquitted."

But the right to criticise is general, and belongs quite as much to any other individual as to the newspaper writer, editor or publisher.

The _actions_ of individuals are always legitimate subjects of discussion and criticism.

"In this country," says Judge Smith, of the New Hampshire Supreme Court, "every citizen has the right to call the attention of his fellow-citizens to the maladministration of public affairs or the misconduct of public servants, if his real motive in so doing is to bring about a reform of abuses or to defeat the re-election or reappointment of an incompetent officer."

"No one can doubt the importance," is the language of Judge Story, "in a free government of the right to canvass the _acts_ of public men and the tendency of public measures--to censure boldly the conduct of rulers and to scrutinize the policy and plans of government."

The language of the English courts is nearly as broad.

"God forbid that you should not be allowed to comment on the _conduct_ of all mankind, providing you do it justly and honorably," says Baron Alderson.

Chief Justice Cockburn said: "It is of vast importance that criticism, so long as it is fair, reasonable and just, should be allowed the utmost latitude, and that the most unsparing censure of works which are fairly subject to it should not be held libelous."

CRITICISM DOES NOT EXTEND TO PERSON

But the privilege of criticism extends only to the _actions_ or _works_ of an individual; it does not extend to the _person_. In the case of an author, his _works_ may be criticised as severely as the occasion demands. "Every man who publishes a book commits himself to the judgment of the public," says an eminent English judge; but this can not be made the excuse for personal abuse of the author himself.

The author, the artist, the architect, who produces a book, a painting or a building, is in this respect in the same position as the maker or producer of a watch, a piano or a carving-knife.

The thing produced in either case may be "criticised." But if the _person_ who produces it is defamed, this must be defended, if at all, upon some other ground than that it is _criticism_.

Moreover, to justify such comment on men's actions or on the products of their hands or brains _as criticism_, it is essential that the acts or things so criticised should have actual existence.

_For instance_, a newspaper comments with great severity on certain occurrences which it publishes as the official acts of a mayor of its city. Before these strictures can be defended as _criticism_, it must appear that such official acts really occurred.

Again, newspaper proprietors might well be held liable for publishing a ridiculing criticism of language pretended to be quoted from the book which the critic is reviewing, but which language the author of the book had not actually used.

If the publishers who are defendants in a libel suit are unable to show that the defamatory publication is _true_ or that it is _privileged_, then the injured plaintiff is entitled to a verdict _in some amount_. How small this sum shall be will depend upon how good a case the defendants can make out _in mitigation of damages_. The range of defenses that may be interposed for this purpose is very broad. The following may be enumerated as the most important:

(1) That the general conduct of the plaintiff gave the defendant "probable cause" for believing the charges to be true.

(2) That the complainant's general character is bad.

(3) That the publication was made in heat and passion, provoked by the acts of the plaintiff.

(4) That the charge published had been made orally in the presence of the plaintiff before publication, and he had not denied it.

(5) That the publication was made of a political antagonist in the heat of a political campaign.

(6) That as soon as the defendant discovered that he was in error he published a retraction, correction or apology.

(7) That the defamatory publication had reference not to the plaintiff, but to another person of a similar name, concerning whom the charges were true, and that readers understood this other individual to be meant.

ABSENCE OF ACTUAL MALICE

The principle underlying all the above defenses is that they tend to show an absence of _actual malice_. Many other circumstances, too numerous and varied to be classified, and which properly could be used in the same manner and for the same reason to reduce damages, will readily suggest themselves to every one.

The successful defense of libel suits depends largely on having clear and trustworthy proof of the facts sought to be sustained promptly at hand as soon as the suit is brought.

Any metropolitan newspaper that deserves the name finds itself compelled every day to publish matter that is defamatory in character. Otherwise there would be no journalistic records of crimes or of a large portion of the other occurrences in which the public is interested. The publisher's concern in that particular is a double one--that whatever of that nature is published in his newspaper should be _true_ or _privileged_ and that there should be clear _proof_ of the truth or privilege.

Every newspaper writer frequently finds himself called upon to deal with such matter. If it is the report of a trial in court, he need have regard, so far as his report is concerned, to four points: (1) that the judicial or official proceedings have been already begun in open court; (2) that his report of the testimony, etc., or synopsis of the sworn papers is fair and impartial; (3) that he knows where he can put his hands on the official records to sustain the privilege at any time; and (4) that both sides are similarly published.

If the matter is defamatory and not privileged in any way, then the utmost care before publication with regard to the proof of its truth will be the only safeguard against libel suits.

The publication of such matter on the authority of any person's mere word, however truthful, trustworthy and careful that person may be believed to be, will always be attended with danger. The statements may be entirely true, and yet the giver of the information when called upon may not be able to furnish the proof. If he is, probably he could furnish it as well before as after publication.

The only absolutely certain way for any newspaper writer to avoid all risk of this sort is for him to furnish for publication such defamatory matter only as he can sustain by his own testimony as an eye-witness, or such as he has seen the proofs of before writing the article.

The almost certain result will be to prevent the bringing of a libel suit--the first consideration in this connection. If, on the other hand, a libel suit should be brought, the writer would be able to furnish the publishers with the best means of defense, namely, proof of the truth of the publication--which is of next importance.

PRECISION, SIMPLICITY, EUPHONY

Adams Sherman Hill, professor of rhetoric at Harvard University for nearly 30 years, gives these three rules for good writing:

Precision: Of two forms of expression which may be used in the same sense, that one should be chosen which is susceptible of only one interpretation. Observance of this rule tends to give each word a meaning of its own.

Simplicity: Of two forms of expression which may be used in the same sense, the simpler should be chosen. The simpler a word or phrase, the more likely it is to be understood, and simplicity in language, like simplicity in dress or manners, belongs to the best society.

Euphony: Of two forms of expression which may be used in the same sense, that one should be chosen which is the more agreeable to the ear. It is of course wrong to give undue weight to considerations of euphony, but when no sacrifice is involved it is desirable to avoid an expression that is unusually difficult to pronounce or to substitute for an extremely disagreeable word one that is agreeable to the ear.

FIRST THREE YEARS OF THE WAR

June 28, 1914--Archduke Francis Ferdinand, heir to throne of
Austria-Hungary, and wife shot by Gavrio Prinzip, a Bosnian, at
Sarajevo, Bosnia.

July 28--Austria declares war on Serbia.

Aug. 1--Germany declares war on Serbia.

Aug. 4--Great Britain declares war on Germany.
Germany proclaims state of war between Germany and Belgium.
Wilson proclaims U. S. neutrality.

Aug. 6--Austria-Hungary declares war on Russia.

Aug. 7--Montenegro declares war on Austria.

Aug. 8--British troops land in France.

Aug. 12--Great Britain declares state of war with
Austria-Hungary.

Aug. 19--Germans occupy Louvain.

Aug. 20--Germans occupy Brussels.

Aug. 23--Japan declares war on Germany.

Aug. 31--St. Petersburg becomes Petrograd.

Sept. 1--After seven days' battle Russians take Lemberg.

Sept. 3--French capital transferred to Bordeaux.

Sept. 4--Germans occupy Rheims.

Sept. 10--Joffre reports five-day battle at the Marne a victory.

Sept. 28--Japanese invest Tsing-Tau.

Oct. 9--Antwerp surrenders.

Oct. 13--Seat of Belgian capital moved from Ostend to Havre.

Oct. 21-31--First battle of Ypres.

Nov. 5--Great Britain and France declare war on Turkey.

Nov. 10-12--Second battle of Ypres.

Dec. 2--Austrians capture Belgrade.

Dec. 8--British sink German fleet off Falkland islands.

Dec. 14--Serbians force evacuation of Belgrade.

Dec. 20--Germans evacuate Dixmude.

Jan. 24, 1915--Naval battle in North Sea.

Feb. 4--Germany declares war zone about England and Ireland
after Feb. 18.

Feb. 25--Allied fleet reduces four forts at Dardanelles
entrance.

March 22--Austrian fortress of Przemysl surrenders to Russians.

April 22--Gas first used in war by Germans at Ypres.

May 1--American steamer Gulflight sunk.

May 7--Lusitania sunk by German submarine off Ireland; 1,149
lost, 707 rescued.

May 23--Italy declares war on Austria-Hungary.

June 3--Teutons recapture Przemysl.

June 8--Bryan resigns.

June 22--Russians driven out of Lemberg.

Aug. 6--Germans occupy Warsaw.

Sept. 9--U. S. asks recall by Austria-Hungary of Ambassador
Dumba.

Sept. 18--Germans capture Wilna.

Oct. 5--King Constantine of Greece won't support Allies and Premier
Venizelos resigns.
Allies land at Saloniki.

Oct. 11--Bulgaria enters war by sending army into Serbia.

Dec. 4--Ford peace party sails.

Dec. 19--Allies evacuate Gallipoli.

Jan. 17, 1916--Montenegro surrenders to Austria-Hungary, first
belligerent to withdraw.

Jan. 26--Compulsory service measure passes final reading in
British House of Lords.

Feb. 23--Germans open Verdun offensive.

March 8--Germany declares war on Portugal.

March 15--Von Tirpitz resigns as German minister of marine;
succeeded by Admiral von Capelle.

April 24--Sinn Feiners' revolution breaks out in Dublin.

April 28--British besieged in Kut-el-Amara, Mesopotamia,
surrender.

May 25--King George signs compulsory bill, applicable to all men
from 18 to 41.

May 30--Battle of Jutland.

June 5--Lord Kitchener drowned.

July 9--German submarine Deutschland arrives at Baltimore.

Aug. 27--Rumania enters the war on side of Allies.

Nov. 10--First great air battle; 67 airplanes brought down.

Nov. 21--Francis Joseph, Emperor of Austria and King of Hungary,
dies; 86.

Dec. 6--Germans occupy Bucharest.

Feb. 3, 1917--U.S. severs diplomatic relations with Germany.

Feb. 26--Cunard liner Laconia sunk.

Feb. 27--Wilson asks authority to arm merchantmen; declares
sinking of Laconia is overt act.

March 11--British take Bagdad.

March 15--Czar Nicholas II abdicates in favor of his brother,
Grand Duke Michael Alexandrovitch.

April 2--American steamer Aztec sunk.

April 6--U. S. declares state of war with Germany. April
7--Cuba declares war on Germany.

April 11--Brazil severs diplomatic relations with Germany.

May 18--Wilson signs selective conscription bill for army of
500,000.

June 5--Americans register for draft.

June 8--Gen. Pershing in England.

June 12--King Constantine abdicates.

June 15--American mission reaches Russia.

June 26--First U. S. troops arrive in France.

June 29--Greece severs relations with Germany and her allies.

July 2--Chinese empire re-established for three days.

July 14--Chancellor von Bethmann-Hollweg resigns, Dr. George
Michaelis succeeding.

July 22--Kerensky made dictator in Russia.

Aug. 28--U. S. rejects pope's peace proposal.

Sept. 3--Germans capture Riga.

Sept. 16--Kerensky proclaims Russia a republic.

Oct. 6--Peru severs diplomatic relations with Germany.

Oct. 7--Uruguay severs diplomatic relations with Germany.

Oct. 19--U. S. transport Antilles torpedoed.

Oct. 23--First of U. S. troops enter French trenches.

Oct. 26--Brazil declares war on Germany.

Nov. 2--Three-cent postage in effect.

Nov. 8--Bolsheviki in control of Russian government.

Nov. 10--Lenine made Russian premier.

Nov. 18--British capture Jaffa.

Dec. 4--Wilson asks congress to declare war on Austria-Hungary.

Dec. 6--Part of Halifax wrecked by explosion and fire.

Dec. 7--Congress declares war on Austria-Hungary.

Dec. 10--British capture Jerusalem.

Dec. 26--U. S. takes over the railroads.

NOTES

INDEX

A

Abbreviations in heads, 10
rules governing, 42

_about_, use of, meaning approximately, 55

_above statement_ barred, 56

_academy_, capitalization of, 17

Accuracy, 4-5

_acts_, capitalization of, 19

_actual photographs_ barred, 35

_a day_ preferred to _per day_, 54

Adjectives, capitalization of, 20
rules governing, 34

_administered_, use of, 30

_administration_, capitalization of, 17

Adverbs, rules governing, 33

_advice_ confused with _advise_, 52

_advise_ confused with _advice_, 52

_affair_, misuse of, 24

_affect_ confused with _effect_, 52

_afterward_, spelling of, 52

Ages, writing of, 38

_agreeable_ preferred to _nice_, 34

_agreeably to_ preferred to _agreeable to_, 33

Agreement of verbs, 29

_airplane_, spelling of, 51

_alarmingly_ preferred to _dangerously_, 33

Alford, Dean, quoted, 57

Allbutt, Sir Clifford, quoted, 50

_allege_ not a synonym for _say_, 30

_alliance_, capitalization of, 19

_allies_, capitalization of, 19

Alliteration in heads, 10

_almost_ preferred to _most_, 54

_alright_ barred, 55

_although_ preferred to _while_, 28

_a. m._, capitalization of, 20
use of, 38-44

_amateur_, meaning of, 55

_ambassador_, misuse of, 24

_amendment_, capitalization of, 19

_among_, misused for _between_, 37
preferred to _amongst_, 55

_amongst_, prefer _among_ to, 55

Ampersand, use of, 43

_anesthetic_, spelling of, 51

_a number of_, prefer _several_ to, 34

_anxious_ misused for _eager_, 35

_anybody_, use masculine pronoun with, 27

A. P., leads, 7
style, 15

_apiece_ misused for _each_, 27

Apostrophe, use of, 22

_appear_, use of, intransitively, 29

_approximately_ preferred to _about_, 56

_Arab_, capitalization of, 20

_armor_, spelling of, 52

_armory_, capitalization of, 20

_army_, abbreviation of titles of, 44
capitalization of, 19
organization of, 60

Articles, in heads, 8
rules governing, 38
use of, with names, 45

_artist_, avoid feminine form of, 24

_as far as_, use of, 33
misused for _that_, 28
_long as_, use of, 33

_assembly_, capitalization of, 18

Associated Press, see A. P.

_associations_, capitalization of, 17

Asterisks, use of, 22

_as yet_ superfluous, 49

_at the corner of_ superfluous, 49

_attorney_, abbreviation of, 43

_audience_, meaning of, 55

_au fait_ to be avoided, 54

_auger_ confused with _augur_, 52

_augur_ confused with _auger_, 52

_author_, avoid feminine form of, 24

_auto_, prefer _automobile_ to, 25

_autoist_, prefer _motorist_ to, 24

_automatic pistol_ preferred to _automatic revolver_, 55

_automobile_ preferred to _auto_, 25

_automobilist_, prefer _motorist_ to, 24

_avenue_, capitalization of, 20

_awful_, meaning of, 35

_ax_, spelling of, 51

_axminster_, capitalization of, 20

_ayes and noes_, spelling of, 51

B

_backward_, spelling of, 52

_bacteria_, plural of, 24

_balance_ misused for _rest_, 25

Barred by the Sun, 31

_base ball_, spelling of, 51

_basket ball_, spelling of, 51

_battle_, capitalization of, 18

_bay_, capitalization of, 18

_bazar_, spelling of, 51

_be_, forms of, in heads, 9
omission of, in heads, 10

Belgians, king of, 46

Belgium, king of, misused, 46

Bennett, Arnold, quoted, 23

_beside_ not to be misused for _besides_, 37

_besides_ not to be misused for _beside_, 37

_better half_, prefer _wife_ to, 55

_between_ not to be misused for _among_, 37

_Bible_, capitalization of, 19

_bills_, capitalization of, 19

_birdseye_, spelling of, 51

_birth_, avoid euphemisms regarding, 50

_birthday_, capitalization of, 18

_bishop_, use of, 48

Bleyer, Dr. Willard G., quoted, 6

_blond_, spelling of, 51

_body_ preferred to _remains_, 50

_Bohemian_, capitalization of, 20

Book sizes, 44

_bought_ preferred to _purchased_, 30

_boulevard_, capitalization of, 20

_bovine_ used as adjective, 34

_boy scouts_, capitalization of, 20

_breach_ misused for _breech_, 52

Brevity, 2, 22

_bridegroom_ preferred to _groom_, 25

Bromides, 57

_bros._, use of, 43

_Budapest_, spelling of, 51

_building_, capitalization of, 17

_bureau_, capitalization of, 17

_burial_ preferred to _interment_, 50

Burke, Edmund, quoted, 16

_but that_ preferred to _but what_, 28

_but what_ misused for _but that_, 28

_by_, book illustrated, artist, 37