St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1888-06-15
THE LIBEL LAW TESTED.
The District Court Sustains 1t as
Good in
DELL ALIENS DAMAGE SUR
Against the Pioneer Press---The Full
and Ample Retraction Meets
the Law.

Some time ago the GLOBE announced
that Dell A. Allen had retained counsel
aud was determined to test the statute
in relation to libel enacted by the last
legislature. On the 2sth of September
last the Pioneer Press contained an
article entitled "a Little Afterpiece,"
which placed Allen and his wife in an
extremely bad light. The substance of
it was that Mrs. Allen had gone to the
Grand opera house with a strange man,
and that in the midst of the play Dell
had appeared, chastised the man and
dragged his wife from the place. The
scene occurred, but the parties
were not Mr.. and Mrs. Allen,
but entirely different people, the
GLOBE giving the complete account
next morning. On the following morn
ing, the Pioneer Press made full and
complete retraction and apology, and
frankly said it was case of mistaken
identity, which seemed entirely true.
The retraction was full and ample, but
Allen determined to test the law, and
accordingly began an action for $1,000
damages, the case coming in for trial
before Judge Young yesterday. Judge
Miller WasAllen's attorney, and Judge
Flandrau, of st. Paul, appeared for the
newspaper.
THE NEW LAW
provides that three days before filing
any complaint in suit for libel the ag-
grieved party shall serve notice on the
publishers at their principal office, of
publication. specifying the statement in
said article which he alleges are false
and defamatory, and ''if it shall appear
on the trial of said action that said
article was published in good faith that
its falsity was due to mistake or mis-
apprehension of the facts, and that a
full and fair retraction of any state
ment therein alleged to be erroneous
was published in the next regular issue
after such mistake or miSapprehensiOn
was brought to the knowledge of the
publishers in as conspicuous place
and type as was the article complained
of, then the plaintiff in such case shall
recover only actual damages"
The statute also CONSTITUTES actual dam
ages to mean damages that the plaintiff
may show he has suffered in respect to
his property, trade, business, profession
or occupation and no other damages
whatever"
In the testimony given it was devel-
oped that Pioneer Press reporter
named MannlX mad gotten the story at
the city lookup from man named Ed
ward COe, and after being accepted in
good faith, was published as true. Dell
Allen, in rebuttal, testified that Mannix
was in his saloon at 1920 that night
and saw him there, and must therefore
have known the story, when lie heard
it, was untrue.
THE CASE DISMISSED.
When the testimony was concluded,
Judge Flandrau moved the court to
instruct the jury to return verdict for
the defendant, under the statute. The
motion was granted, Judge Young hold
ing there was no other course left, the
apology and retraction having been
made and no actual damages shown.
This was expected by the plaintiff, who
will ask the supreme court to pass on
the law.
Several of the judges expressed their
doubts as to the legality of the statute,
though one of them remarked: The
old law needed changing, as it was man
ifestly unfair to the newspapers. The
only question is whether the legislature
can enact a law that really offers no
protection to mans being libeled at
will, so long as he had no business or
profession"