, 1873-10-16
THE SUPREME COURT,

THE SUPREME COURT.
Special Dtspatch to Tho Chicago Tribune.
OTTAWA, Oct. 14.-Tho following opinion in
relation to the law Of Blandcr, by Judgu Meal
liater, fllod OH tho 10th ult., contains 30 many
poiuts OF intcrost that venture to sond It TO
you iu full:
DsnsSp T no%Ss s. E j. s:6S m9s @ s1sl
Brought eiY by arpcos n iii lie Carroll Circuit Court
aganst appellant for speaking words which, II spoken
as alleged n tho declaraiou amount to charge tat
IGaro was ehange Of yonao 10 ths whitoalao Circuit
Court, wl,ero tho was tried upon tho ptoa of
% Pe@ " @ re- se! ospeFRrs
appellants motion for now trial, Bavo jndg-
mont nron tho verdict and tic cato fs brought hero by
oyenes IL Tespeet 10 he ae Il ho speafns ef e
appears, from I'll tha ovldonee, thst whatever words
were spoken were uttered only upon ono occasion,
and IN tho heat Of pasalon which the evidence ntrongy
appellee and her mother, who was present, and in con-
cert With whom appeileo wee acting Upon ths state
following M nstruaon Thnt %aeious aandor Is m an
faos os' for %hieh tho law "1Ts @ 9ssmplnry s
damages et my not exceeding slo 900, aud, in
into co,.sidorto, the recunsry circumstance of tho
Ts n '1' character Of the plaintiff
Ths term Il Infamous" when used in claractorzing
oousca crmes 49, In law, descriptive Of that caas
Of heno'is crmcs whoHo peretratora were on censio
ncsscs, tho ground TINT mon gcnorntly not found
to commit them, unless when 80 torraved % to oo un
them was treasun,, felony, and tic crimen fale,
tho atter tosn including perjury md forgery
silercd rs belonging to any such class. Blackstone,
after defining ordinary sl9nler, says: Words spoken
tho realm, which nro called sca,datun, ,nagnatu aro
held to he still moro heinoua and though they 10
nueh as woa not & bo acti9nnbo ~ tho case Of CON-
and respectable characters, they amount to aroeioss
tn}ury which Is retreese by IN action On tho caac
iHhuent OF imprisonment on the hlanderer as on be-
half Of the party, to recover damages for tho injury
It as ovsn Ss s1eepon} T. kai Of
slundcr, which punishable behalf Ut the Grown,
which was never recognized in this country, and has
become obsolete, in England, WAS characterized by
degree Of onorny amounting to MI arocios sniHry,
hut was mover cassed annng tho Infamous crimes.
Ill, 283 would seem to countcnanco that Of tie n-
strlclion under consideration. It Ia apparent no
sa tsts Verbal sader liz. M given Is nos sa
tho opinion must 10 regarded "a employed
Oh ,er dirtam. It te arparent, therefore, TINT tho
Court BY tho instruction In question, invested tho act
aud cnor1nity which the Inv neither attaches nor
reeoRniSes : ao M belonging 10 it an ten declares that
Is saeh nodo q aggravating vinaictive darnase.
pasa for takiug personal lropersy. and 1t should np-
lcar that tho sct was mere reslasa, but wiful. Tao
gvs Whit visdisvo daaages. nut apposs 70 ' ngerssas ]
such damages, tho Court should instruct tho fury that
u I W. ~ an FL n,ns s5S reaye to
would auch m instruction DO nrproycd7 Certainly
not Tho reason Is Obvious. It Invests tho act, which
enorlnity a1a turpiiue that o law does hot rccog-
nlzc apd for which the jury aro told they may allow
exemplary damages: tug plain aud naturai effect Of
which would be to rasc the measure of such damages
to false standard.
The principle Of the ru'o allowing exemplary, VIII
able iurists, AMONG whom was rrof. d5eonleai:
and
any oneonuias. IL hts definition Of damages, and
1ittlo countenance to tho doctrine Of punitory dam
ages. lie aayH: Damages aro given u conlpeusa-
ton rcco1npense, satisfaction Le psInti for IN
Thcy Should be precisely Commensurate with the in-
jnry-neitler more nor loss." "a Greonlf. Ev. Soc.
The principal grounds upon which tie doctrine Of
talse theory, ana inconhis;snt with ths nature
terests of society Viii those Of al'Si m ndistdual
T. ths pnrs.lt Of purely. private redress
Which IL noat cases he ca correct ony by hs
exercise of tho dccas power Of scttirg ns,do YER
dc sGfrrs p5; aud The doctrine
however nrmly rooted In our jurisprudencs to BE-
disturbed. But whilo stu recognizing tho doctrine.
urged, With srea il not annaswora6e ts force, % aasnss
Il ought to 10 Influenced n beresting high degree
3 saa ri r. 9 S
;, als;,wing, psint,as: through tao y ,astruae1.
thy tic asa o lie etendsn yh % aearsss e
enornity mud turp!tndo which tho law does not an,1
to s aes p ~ for soSs osnss
narHse and natural Rrsadsal erect of tic nstrac
Tho instruction was likew1so bad upon other.
grounds besides aenouncing SANDER rs un Infamous
sn @ g fea12 ssx'e $Sss e su fss
Guiding consldslton of any circumstances Of agera-
ya9n ,a or 9r,o 9at1gaSn 5ees their attea;9n
Instruction 1ss,,nes had bean attacked. Thus 1t waa
allow plaintiff exemplary damages, tn any sum not
eaceeang slooo assordng to defendants ability to
rlainIfl'a character lal been attacked. Tha, unler
tue csTss'matanses would DO understood by then, to
sW By olafM'.a aan ss1,t a9 woEas
saas ~fS ssp teaaa s'' by b, tho tue cos,s ynss 81
ability t. pay sGSsee GSidsnee VT W.
? &c., aG9, tlamagcs to be aeael mere.
~ accorlng 10 tho dofendnnt'a ability to nay; for
whsthcr tho payment Of tue amount d,e to tho plain
tif al communication for tito injury will OF Will not be
convenient to tue defendant does not at all affect tho
question Rs o tho extent Of tho injury donc which Is
tue only 1neaon to be determined Tho Jury sre to
Inquire, not what tho defendant Gun 1sy but what tho
r1aiu.iH ought to receive" - -
For tho error in giving the instruction referred to-
tho Judgment must bo reylraed and the cguRo re-
mnlltel.
a Struggle with n Dovil-Etsll-A Divor
NclLriy Cruajigd.
Mr. Chnrlca 3. Drainord, OF Boston, in writing
to tito Scientific American about specimens Of