The Dallas weekly herald. [volume] (Dallas, Tex.) 1873-1885, 1885-06-18

A Very Liberal Amount Of Latitude
Allowed the Journalist.
Another Jumbo Cattle Corporation Char
tered-stato University Matters
The Regents AdJourn-ACitJ
Editor does up Bruiser.
MORE SUPREME COURT WORK.

AUSTIN, June l6.-lSpecial. The
commissioner of appeals reported TO the
Supreme Court to-day the case OF the
Express Printing Company vs.. j. IL.
Copels nd, from Bexar County, recon-
the judgment to DO reversed
and cause remanded because of errors
In the charge oil the court below. Briefly
stated: Tho suit is one for libel, brought
by appellee against the appellant COM
pany, for publishing In the San Antonio
Expires A., certain alleged hbelous state
ments pertaining to the manner IN
which appellee had managed certain
estate, of which he was ad-
Appellee was then a can
iidate for mayor of San Antonio, the
election for which took place the day
after the publication.
Appellant pleaded tho general denial
and special exceptions; denying the
attributed to the publication,
and that appellant published II under
the belief that IL was true, basing his
belief upon facts furnished by response.
BILE parties, who vouched for the cor
rectness and truthfulness thereof; that
the same was published in good faith,
without auy malice Or ill-will against
appellee, and under the honest belief
That IL was matter proper 70 DO made
known in Wow Of appel
lees candidacy for mayor. Judg-
ment was rendered for appellee
Tor $500.
The court below instructed the jury
that appellant had plead the truth of
tho publication in justification, and II
the truth OF The publication had not
been established by the evidence, then
to consider the fact of its having been
az a circumstance tending to
show malice, and tending to aggIavate
the injury done to plaintiff. Judge
this to be error aud incorrect In two
particulars. First, becauS there is no
plea contained in the answer asserting
the truth OF the publication as a de-
tense, and second, because the answer
asserted that the publication was privi-
legged and made upon probable cause,
In good faith and withou malice.
In reference TO the first objection 10
the charge it is held, that a. our Revis-
cd Statutes give defendant the right
to plead as many several matters,
of law or fact, as he may ceem
necessary to his defense, which are per-
tinent to the cause; provided that he
shall file them at the same time and in
the due order OF pleading, where, in
actions of this character, the defend
ant asserts several inconsistent plans
ia the same answer, and among them
)ne justifying by asserting the truth OF
,he supposed nbelous matter, to per-
nit that plea to be taken as circum-
stance tending to establish malice, on
,he ground that the plea was
not sustained by the evidence,
where probable cause and the non-ex-
zP oil I,ag nrt nI in
the answer, and is pertinent to the
cause, would be to destroy the right
given by the statute.
Relating to the plea OF privileged pub
lication, 1t is held that when person
consents to become candidate for pub
lie office, conferred by popular election,
he should be considered as putting his
character in issue so far as respects his
tor the Office. Whatever
pertains to the qualification OF the can
liidate for the office sought is a legitt-
mate subject for discussion and COM
ment, but statements and comments
must be confined TO the truth, or what,
In good faith and upon probable cause,
Is believed to be true, and the matter
must relate to the suitableness, or unfit
ness of the candidate for the Office.
The comments and discussions of
public journals arc entitled to the same
and subject to the same lin.
ltatiOns respecting the qualifications OF
for public Office as are those
Of the people. Ii the matter published
be true, and is justified by the occasion,
there can be no recovery had by the
against the publisher. If the
matter be not justified by the occasion.
then, whether it be true or false. would
not relieve the publisher from liability
the nQrtV candidate for
public Office. Though the matter may be
Justified by the occasion, If 1t be false, a
right of action accrues against the pub
Usher, on whom would rest the burden
Of showing that The publication was
made in good faith, in the honest boliet
Of its truthfulness, and that there were
just and reasonable grounds for that be-
lief.
CHARTERED.
The Amika Land and Cattle Company
Of Texas, capital stock $4,000 filed q
G. e. Anderson, f. M. Maddox.
of Austin, and ]. A. Toggart, George H.
Moore, Louis Barkhouse, s. X. Meyers,
John B. Pirtle, B. #. Guthrie, julius
OF Kentucky.
THE UNIVERSITY.
The university regents adjourned to-
day. James B. CLARK, of BOnham, was
appointed proctor, vice Professor Smith
Ragsdale removed. A. r. Macfarland,
Of Edenburg, Scotland, was appointed
associate professor OF physics, vice
Professor James It. Harrison, resigned
on account of Ill health. Judge Gustave
Cook addressed the students and large
audience to-day at the opera house, and
to. morrow commencement exercises
close. --
BRUIsER BRUMBY BAsTED,
R. II. Brumby assaulted Smith, the
city editor of the Statesman because of
some article published few days ago,
in which Brumby was referred to as q
ruffian. Result: Brumby
carried home on shutter and laid up
for repairs.
SUPREME COURT.
To-day was a field day in the Supreme
Court.
The first and most important case
of was that of A. II. Belo & Co.,
vs.. T. Wren. The motion for rehe airing
was overruled without any written
opinion or further discussion of the
case.
The next of importance was that Of
Buffalo Byou, Brazos d Colorado Rail-
road ct al VS.. @. Menardsset al, in which
3 motion for rehearing was also over
ruled. The Judgment in this cause
to $85, 900 and will have to be
paid by the Galveston, Harrisburg Il
San Antonio Railway.
The third case was that of the First
National Bank vs.. {. Lovenberg, from
Galveston County, in which the judg-
nont rendered against the bank was
or about $4,000. A motion for
,ehearing in this case was also over
.uled. Opinion by Willie, @. !.
The fourth case was the adoption by