| Show THE NEWS LIBEL SUIT wednesday jan 18 the demurrer to complaint in ID the libel suit euit brought by judge orlando powers against the defered news company the arede censor ol of the present deberdt news publishing company Coro was called up and argued by ron hon F 8 S richards on OD behalf ot of the and by attorneys W H dickson and ogden hiles biles on behalf ut of the plaintiff the suit was brought by the plaintiff on the strength of an n editorial which appeared iu the NEWS on july 2nd and 12 attorney richards contended that the complaint did not couts coutan D facts sufficient to cou couture tute a cause of ac tivi there being no libelous matter in it its aud and no grou a lor for damages ou on ine ibid other band Ato attorney ruey dickson insisted that the article was a direct r rt reflection upon his client chiet chief justice zane after listening liste aing to the arguments and making a careful perusal of all the papers said the question which now arose was did the language used in the article authorize the construction or inference that the writer intended to convey to those who read the publication the idea that the plaintiff had acted dishonestly and corruptly in his official capacity as judge of the first district to la the trial and determination of a cause which came before him his honor read from the article of course he said there were suspicious minds which put a bad mean ing upon almost everything while some gome were disposed othea otherwise wise some inferred wicked intentions and some good ones from the same language the constitution of the united states slates bad guaranteed to the american people whether editors or free dom of speech and all the newspapers of this country were allowed greater latitude of language than was the case in dijer countries kings and aristocracies where they had the power were somewhat illiberal but in the united slates where the government rested upon the will of the people and where the officer was the mere servant or agent of that people he be must bear I 1 criticism 1 I have had some experience myself in that line said his honor I 1 in n a modulated tone of voice amid the laughter of the members of the bar I 1 land and it will not net do for every little slip an editor makes to regard it as an an intention a wicked intention to rob the man whom he criticizes criticises of his reputation there must be some liberty allowed the constitution of the united states as I 1 before said guarantees it to public speakers and news pa papers in their language and the editorial sometimes furnishes a lash which keeps beeps a great many people within the tracer it keeps keep them straight it to is quite as influential wi h a great many as their conscience probably a little more in the be ordinary acceptation of the language of this particular article his honor did not himself draw the inference that the editor intended to charge judge powers with having been bribed because that was what corruption would mean in order that a newspaper might become subjected to a suit for damages for charging disho dishonesty neety corruption wicked conduct it seemed to him that stronger et ronger language must be baid d than appeared here the question apart from the suspicions of some people je was what would a fair minded man understand from this some men might inight have understood it I 1 as the plaintiff had bad don r but he did not dot think any fair minded person would at least tie be himself did not eat the demurrer would be sustained attorney dionson in order to determine whether we will amend our complaint I 1 would mk is your honor of opinion that it was intended to charge judge powers with official disc misconduct conduct in the trial of that case judge zane well web I 1 do not know that I 1 would say bay that the question to IB what do you mean by biscon miscon duct if you mean mistakes we all make mistakes sometimes the best judges commit errors which they would be glad to recall attorney dickson I 1 do not mean that but wilful misconduct judge zane I 1 should hardly think it would bear that construction certainly there is no language here charging that that I 1 see attorney dickson well we will take ton ten days to determine whether to amend or not |
