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Editorial
September 21, 1875
The Van Buren Press
Van Buren, Crawford County, Arkansas
What is this article about?
Editorial criticizes Arkansas law requiring only posted written notices for legal publications as ineffective, advocating instead for mandatory newspaper publication to reach more people. Includes a drafted act from the Arkansas Press Association for legislative reform.
OCR Quality
95%
Excellent
Full Text
Public Printing
The last general assembly passed an act not only unwise, but exceedingly unjust. It is now only necessary, in order that a notification be strictly legal, that it should be written out, and stuck up at the side of the Court House door. Now, for a moment, let us look at the lack of wisdom in this legislation. In the first place, how many persons in the county will stop to read a written notice—granting, of course, that every one in the county can read writing. Not one in ten. Is that a wise or judicious law that gives its consent to a species of advertising that does not reach more than one-tenth of the population? "But," the legislator says, "how would you improve it? If we had passed a law requiring the publication of all legal notices in a paper published in the county, would the difficulty of which complaint is made be obviated? Not more than one man in twenty takes his county paper, and for the life of us we cannot see how the advertising which you printers recommend is any better than that which the law now prescribes." We do not think we speak unadvisedly when we say that two-thirds of the entire population of the county read the county paper. It goes from house to house and neighborhood to neighborhood, and one number is read by twenty individuals. But the objector will say, they do not read the advertisements. That, too, is a mistake. Advertise in any part of a newspaper that you have corn to give to the needy and it would astonish you to see how many would reply to that advertisement. We claim that the method which would reach the largest number of people is the one required by the law. At the meeting of the Arkansas Press Association, committee of gentlemen was appointed, who have drafted the act which we publish below, and which we recommend to the consideration of our representatives:
AN ACT amendatory of existing laws in regard to the Publication of Legal Notices.
Be it enacted by the General Assembly of the State of Arkansas; Section 1. That from and after the passage of this act, whenever, under existing or future laws, it becomes the duty, in the course of legal proceedings of any court, judge, clerk, sheriff, coroner, constable, or other person; or, in the administration of the laws, of any state, district, county, school, township, municipal or election officers, to make publication of any advertisement, financial or other statement, or public showing; in regard to proceedings in administration, executorships, guardianships, assignments for the benefit of creditors, removal of county sites, under attachments; in or concerning elections, proclamations by any executive officers, estrays, escheats, executions on judgments or decrees, concerning personal or real property, settlements of sheriffs, collectors, clerks, treasurer of counties, cities, districts, townships, city or town recorders; the appropriation or condemnation of private property to public use, or other proceeding, instead of posting the said public places, it shall be the duty of the court, judge, clerk, officer or other person charged with such duty to cause such advertisement to be published for the length of time required by law in some newspaper printed in the county where the proceedings transpire, if any there be duly authorized; and if there be none such printed in such county, then according to the provisions of the act approved Feb. 15, 1875; provided, that in respect to court proceedings, such publication shall be made in a newspaper, unless the court or judge shall otherwise order.
Sec. 2. This act shall take effect and be in force from and after its passage, and all laws or parts of laws in conflict with this are hereby repealed.
The last general assembly passed an act not only unwise, but exceedingly unjust. It is now only necessary, in order that a notification be strictly legal, that it should be written out, and stuck up at the side of the Court House door. Now, for a moment, let us look at the lack of wisdom in this legislation. In the first place, how many persons in the county will stop to read a written notice—granting, of course, that every one in the county can read writing. Not one in ten. Is that a wise or judicious law that gives its consent to a species of advertising that does not reach more than one-tenth of the population? "But," the legislator says, "how would you improve it? If we had passed a law requiring the publication of all legal notices in a paper published in the county, would the difficulty of which complaint is made be obviated? Not more than one man in twenty takes his county paper, and for the life of us we cannot see how the advertising which you printers recommend is any better than that which the law now prescribes." We do not think we speak unadvisedly when we say that two-thirds of the entire population of the county read the county paper. It goes from house to house and neighborhood to neighborhood, and one number is read by twenty individuals. But the objector will say, they do not read the advertisements. That, too, is a mistake. Advertise in any part of a newspaper that you have corn to give to the needy and it would astonish you to see how many would reply to that advertisement. We claim that the method which would reach the largest number of people is the one required by the law. At the meeting of the Arkansas Press Association, committee of gentlemen was appointed, who have drafted the act which we publish below, and which we recommend to the consideration of our representatives:
AN ACT amendatory of existing laws in regard to the Publication of Legal Notices.
Be it enacted by the General Assembly of the State of Arkansas; Section 1. That from and after the passage of this act, whenever, under existing or future laws, it becomes the duty, in the course of legal proceedings of any court, judge, clerk, sheriff, coroner, constable, or other person; or, in the administration of the laws, of any state, district, county, school, township, municipal or election officers, to make publication of any advertisement, financial or other statement, or public showing; in regard to proceedings in administration, executorships, guardianships, assignments for the benefit of creditors, removal of county sites, under attachments; in or concerning elections, proclamations by any executive officers, estrays, escheats, executions on judgments or decrees, concerning personal or real property, settlements of sheriffs, collectors, clerks, treasurer of counties, cities, districts, townships, city or town recorders; the appropriation or condemnation of private property to public use, or other proceeding, instead of posting the said public places, it shall be the duty of the court, judge, clerk, officer or other person charged with such duty to cause such advertisement to be published for the length of time required by law in some newspaper printed in the county where the proceedings transpire, if any there be duly authorized; and if there be none such printed in such county, then according to the provisions of the act approved Feb. 15, 1875; provided, that in respect to court proceedings, such publication shall be made in a newspaper, unless the court or judge shall otherwise order.
Sec. 2. This act shall take effect and be in force from and after its passage, and all laws or parts of laws in conflict with this are hereby repealed.
What sub-type of article is it?
Legal Reform
Press Freedom
What keywords are associated?
Legal Notices
Newspaper Publication
Public Printing
Arkansas Law
Advertising Reform
What entities or persons were involved?
Arkansas Press Association
General Assembly Of The State Of Arkansas
Editorial Details
Primary Topic
Reform Of Legal Notice Publication To Require Newspapers
Stance / Tone
Advocacy For Newspaper Publication Of Legal Notices
Key Figures
Arkansas Press Association
General Assembly Of The State Of Arkansas
Key Arguments
Written Notices At Courthouse Reach Few Readers
Newspapers Reach Two Thirds Of Population Through Sharing
Advertisements In Newspapers Are Read Widely
Current Law Unwise And Unjust
Drafted Act Requires Publication In County Newspapers For Legal Proceedings