The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1885-06-17
THE TEXAS LAW OF LIBEL
What a Newspaper May Publish About
Candidate for ONCE.
The San Antonio Express Secures a
Reversal Of Verdict.
The State Supreme Coprt's Decision
In the Case.
A Very Liberal Amount OF Latitude
Allowed the Journalist.
Another Jumbo Cattle Corporation Char
tered-state University Matters.
The Regents Adjourn-A Cisy
Editor does up Bruiser.
MORE SUPREME COURT WORK.


commissioner of appeals reported to the
Supreme Court to-day the case OF the
Express Printing Company VS.. j. II.
Copeland, from Bexar County, recon-
mending the Judgment TO be reversed
and cause remanded because of errors
In the charge of the court below. Briefly
stated; The suit is one for libel, brought
by appellee against the appellant COM
pany, Tor publishing In the San Antonio
Expres', certain alleged libelous state
ments pertaining to The manner In
which appellee had managed certain
decedsnts estate, of which he was adj
minlstrator. Appellee was then can
didate for mayor OF San Antonio, the
election for which took place the day
after the publication.
Appellant pleaded the general denial
and special exceptions; denying the
meaning attributed TO. the publication,
ana that appellant published IL under
the pelief that II was true, basing his
pelief upon facts furnished py RESPONSE.
Die parties, who v0uched for the cor
rectness and truthfulness thereof; that
the same was published In good faith,
without any malice or ill-will against
appellee, and under the honest belief
that IL was matter proper TO be made
known III view of appel
lees candidacy for mayor. Judg-
ment was rendered for appellee
for $500.
The court below instructed the iury
that appellant had plead the truth OF
the 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
pleaded, as a circumstance tending To
show malice, and tending 10 aggrayate
the injury done to plaintiff. Judge
Watts, delivering the opinion, holds
THIS 10 10 error and incorrect In two
particulars. First, becaus there In no
plea contained In the answer asserting
the truth of the publication as de-.
tense, and second, because the answer
asserted that the publication was priyi-
IeRed ana made upon probable cause.
in good faith and withou malice.
In reference TO the first objection to
the charge 1t Is held, that as our Reyis-
cd Statutes give defendant the right
10 plead as many several matters,
whether of law or fact, as he NAV ueem
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
IN the same answer, and among them
one Justifying by asserting the truth of
the supposed libelous matter, TO per-
NIT That plea TO be ,aken rs q oircum-
stance tending 10 establish malice. ON
the ground that the plea was
not sustained by tho evidence,
where probable cause and the non-ex.
istence OF malice has been asserted 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, II 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 30 far as respects his
qualifications tor the Office. Whatever
pertains TO the qualification OF the can
didate for the Office sought is a legiti-
mate subject for discussion and com.
ment, but statements and comments
must be confined 10 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.
NOAhahohto anu ulbCubhlOnb Oh
public journals are entitled to the same
privileges, and subject to the same lin.
itations respecting the qualifications of
candidates for public offlce 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
candidate against the publisher. ffthe
matter be not justified by tho occasion,
then, whether 1t be true or false, would
not relieve the publisher from liability
because the party was candidate for
public Office. Though the matter may be
justified by the occasion, II IL be false,
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 belief
of It's truthfulness, and that there were
just and reasonable grounds for that be-
lief.
CHARTERED.
The Amika Land and Cattle Company
of Texas, capital stock 100000, filed a
charter to-day. Incorporators, John w.
Maddox, G. Il. Anderson, IF. M. Maddox,
Of Austin, and j. A. Toggart, George II.
Moore, Louis Barkhouse, s. X. Meyers,
John b. Pirtle, B. +. Guthrie, Julius
Barkhouse, of Kentucky.
THE UNIVERSITY.
The uniyersity regents adjourned to-
day. James b. CLARK, of BOnham, was
appointed proctor, vice Professor Smith
Ragsdale removed. A. II. Macfarland,
of Edenburg, Scotland, was appointed
associate professor OF physics, vice
Professor James T.. Harrison, resigned
on account Of Ill health. Judge Gustave
Cook addressed the students and large
audience to-day at the opera house, and
tomorrow commencement exercises
close.
BRU1sER BRUMBY BAsTnD.
II. ii. Brumby assaulted Smith, the
city editor OF the Statesman because of
some article published few dsys ago,
In which Brumby was referred TO a. q
cowardly ruffian. Result, Brumby
carried home on shutter and laid up
for repairs.
sUrREMR COURT.
To-day was aiield day In the Supreme
Court.
The first and most Important case
disposed OF was that of A. III. Belo 4 Co.,
VS.. L. Wren. The motion for rehearing
was overruled without any written
opinion or further discussion OF the
case.
The next OF importance was that of
Buffalo Byou, Brssos " Colorado Rail-
road OF al VS.. y. Mensrdset al, In which
motion FOR rehearing was also over
ruled. The Judgment In this cause
amounts TO ySAvO0 and will have 10 be
paid by tho Galveston, Harrisburg n
San Antonio Railway.
The third oe.o vas that of the First
National Bank vs. ], Lovenberg, nom