Morning journal and courier., 1882-02-25
Saturday Morning, Feb. 20. 1882.
AN IMPORTANT DECISION.

The decision just rendered by Judge Low
ell of the United States Supreme Court in the
suit of Edward Crane against the Boston
| Ad0erttSer is of much interest to the press
and the public. Crane who has had some
thing to do with railroads, came before the
public in connection with some affairs of the
New York and New England railroad compa-
| ny. The AdUertiser noticed his appearance
in article entitled ''History Repeated"
| which gave an account of his dealings with
the Boston, Hartford and Erie railroad COM
pany. The tendency of the story told in this
| article was to impair confidence IN Cranes
| Judgment and integrity. In his declaration
Crane alleged that by its publication he lost
the support of some of his associates and the
stockholders of the road and suffered special
damage. The defendant answered that the
ibelous matter was true and also set up the
special defense that the article was written
without malice and in the proper discussion
of matter of public interest, and contained
only proper comment on the conduct of the
plaintiff in public capacity.
The suit was decided in favor ofthe defend
ant, and in giving the opinion of the court
Judge Lowell pointed out that the contention
of defendant was that, in discussing a sub
ject like the present, public speaker or
writer is not bound at his peril to see that his
statements are true, but has qualified priv
ilege. as it has been called, in respect to such
matters, and that the modern doctrine, as
shown in cases cited by defendant, appears
to be that the public have right to discuss,
in good faith, the public conduct and quail
fcations of public man, such as judge, an
ambassador, etc., with more freedom than
they can take with a private matter, or with
the private conduct of anyone. He then
said: 'Some of the affairs of railroad
company are public, and some are private.
For instance, the honesty of clerk or ser
want is a matter for clerk and company
only; but the safety of bridge the line
is a subject of public moment. The public
in the latter sense is a number of persons
who are, or will be, interested, and yet
who are at present unascertainable. All
the future passengers on the road are the
public, in respect to the safety of the
bridge, and, as they cannot be pointed out,
you may discuss the construction of the
bridge in public, though you thereby reflect
on the character of the builders. If the
question pending was merely of the effect of
the scheme upon the shares of the New York
and New England railroad company, 1
should doubt somewhat whether it would be
of public nature. But, inasmuch as the
project was one which affected long line of
road, as yet only partly built, and the con-
solidation of several companies, it assumes
public Importance. For this 1eason the char
acter of the plaintiff, as constructor and
manager of railroads, seems to me to be open
to public discussion when he comes forward
with so great and important project affect
ing many interests besides those of the share
holders of one road, and that, therefore, the
defendants or other persons have the quail
fed privilege which attaches to discussions
of public affairs. The distinction is that,
when railroad is to be built or q company
to build it is to be chartered, the question
whether it shall be authorized is public
one; when the company is organized and the
stock is issued anything which merely affects
the value of the stock is private"
This is sound doctrine, although it will
not suit great many men who think the
press is too free. It will, however, encour-
age honest newspapers like the Aduerttser to
continue telling the truth when it should be
told