Page:United States Statutes at Large Volume 76A.djvu/561

–465– -465$ 1428. Opening or fraudulently obtaining telegraphic, cable or telephonic message of another Whoever, not being connected with a telegraph, cable or telephone office: (1) willfully opens a sealed envelope enclosing a telegraphic, cable or telephonic message and addressed to another person, without the authority or consent of the person to whom it is directed, and with the purpose of learning the contents of the message; or (2) fraudulently represents another person and thereby procures to be delivered to himself a telegraphic, cable or telephonic message addressed to the other person, with the intent to use, destroy or detain it from the person entitled to receive it— shall be punished by a fine of not more than $5,000, or by imprisonment in ]ail for not more than one year or in the penitentiary tor not more than five years, or by both such fine and imprisonment. CHAPTER 75—LIBEL SGC.

1461. Libel defined. 14^. Punishment for libel. 1463. Malice presumed. 1464. Truth and good motives as a defense. 1465. Publication defined. 1466. IJability of editors, proprietors and authors. 1467. True reports of public and official proceedings. 1468. Other privil^ed communications. 1469. Threatening to publish libel. 1470. Offer to prevent publication, with intent to extort. § 1461. Libel defined A libel is a malicious defamation, expressed either by writing, printing or by signs or pictures, or the like, tending to blacken the memory of one who is dead, or to impeach the honesty, integrity, virtue or reputation, or to publish the natural or alleged defects or one who is alive, and thereby to expose him to public hatred, contempt or ridicule. § 1462. Punishment for libel Whoever willfully and with a malicious intent to injure another person publishes or procures to be published a libel shall be fined not more than $5,000 or imprisoned in the penitentiary not more than one year, or both. § 1463. Malice presumed An injurious publication is presumed to have been malicious if no justifiable motive for making it is shown, § 1464. Truth and good motives as a defense I n criminal prosecutions for libel the truth may be given in evidence to the jury, and if it appears to the jury that the matter charged as libelous is true and was puolished with good motives and for justifiable ends the defendant shall be acquitted. § 1465. Publication defined To sustain a charge of publishing a libel, it is not required that the words or things complained of should have been read or seen by another. I t is enough that the accused knowingly parted with the immediate custody of the libel under circumstances which exposed it to be read or seen by any other person than himself. § 1466. Liability of editors, proprietors and authors ^a) Every author, editor or proprietor of a book, newspaper or serial publication and every manager of a partnership or incorporated association by which a book, newspaper or serial publication

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