The North Dakota State Legislature passed the Streeter Libel Law in 1905. The law was named for its sponsor, Darwin Streeter, a member of the House of Representatives.
In spite of the fact that Streeter was a newspaperman who founded the Emmons County Record in Linton, newspapers across the state were quick to condemn the move. W.C. Taylor, editor of the LaMoure Chronicle, expressed the sentiments of many when he called the law the most questionable act of the legislature. He said legislators who voted for the law “fairly tumbled over each other in their mad haste to muzzle the press.”
The new law provided a very broad definition of libel. It included any material in writing, print, signage, picture, or effigy that exposed a person to contempt or ridicule. Taylor observed that there were politicians in the state whose public records couldn’t help but to expose them to contempt or ridicule. Taylor noted that hiding a politician’s official record would not change the facts. In such a case, it was the politician’s own actions that exposed him to contempt or ridicule. Taylor concluded his editorial by saying, “The truth is never libelous.”
It did not take long for a libel case to arrive in court. On this date in 1906, the Hope Pioneer reported on a case in Devils Lake. John H. Bloom was the first person arrested and charged under the Streeter Libel Law. The case revolved around a story Bloom wrote for the Devils Lake Journal. He reported that a deputy sheriff of Ramsey County charged surrounding counties for the use of the Ramsey County Jail and pocketed the money. Bloom observed that the county should be reimbursed for housing prisoners from outside the county, but the money should not enrich the deputy sheriff.
Chief Deputy Herman Stenseth claimed to be the person referenced in the article, but the defense pointed out that there were numerous deputy sheriffs throughout the county, and the person in question had never been named. The jury felt Stenseth’s argument was weak. It deliberated for all of five minutes before returning a verdict of “not guilty.”
As for the Streeter Libel Law, it remains on the books to this day.
Dakota Datebook written by Carole Butcher
Sources:
Hope Pioneer. “Bloom Not Guilty.” Hope, ND. 25 January 1906. Page 1.
Hope Pioneer. “Libel Law Condemned.” Hope, ND. 30 March 1905. Page 4.
