Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1893-04-06
LOCHRIE'S DEFEAT.
His Libel Suit Against Tho Oil D'S-
tr5l News Co. Goes 10 tho Wall
M Is ur.Er ON DIMrRRER.
Chief Justice Zipc Djes Not Con iier
There Was Any Intention 10
Charge Corruption In 0nic1.

has been knocked out OF court ny Cbiei
Justice Zaue on the hearing OF the
demurrer OF the defendants Ia tho libel
suit which b9 some time ago planted
In the Thifd district court against the
old Dsseret News company tpredeccs.
sors Of the present company The
demurrer was argued late yesterday
afternoon by counsel on either side
Attorney Coad for the plaintiff aud
Hon, +. ). Richards for the defend.
ants.
The suit was filed May Il, 1899, and
plaintiff demanded damages In the
sum OF 5000 for alleged defamation Of
character. The article complained Of
dreaded "The Ruse " the Tusca.
rorasn) was written subsequent 10 Jus.
tice Lochrie'a decision In the case Of
II. r. Dlke vs.. Elias A. Smith and a.
q. Noueli for tbs possession Of certain
books aud records belonging to the
Democratic central committee, and
ran as follows: "rhe decision Of Justice
Lochrie In the case OF the 'ruscaroraJ
VINO want TO be recognized ms tue
Democratic party OF Utah, Is, TO us,
amusing. 1t will be found Ia another
part Of this paper. The defendant, 1t
viii be remembered, filed demurrer
10 the c0mplaiut, aud submitted 1t
without argument. The Justice ap-
peara TO think this was a submission
Ut the case, Tor he not only OvetTules
the demurrer, which It was expected
no would do, but he proceeds
10 decide the case on Its merits
before any trial has takea
place. We shy 1t was expected he
would override the demurrer. Ger.
tainly. His tssOciatlOn with the
complainants, his hOlling his court IN
BOSS POwen's office, the whole man.
ner OF the pfoceeiings, lei to that
anticipation. We suppose this uu.
iendants Will take proper steps h have
this matter settled 10y Competent
court Although the whole tning Is
looked upon asa farce, the purpose
anu intent OF II are such that II cannot
be- treated with the contempt that II
deserves nor subvefted by tue ridicule
which II everywhere ovJkes."
WHAT judge ZANE SAID.
Anor listening to the legal argu-
menis his honor said, In substance:
"fhe plaintiff In this case ayers that
the Defendant, by the words published,
conveyed that the plaintiff, rs law.
yer, Il ignorant Of the principles OF
law nuu untitled to hold Anl OK
ercise tho power anu authority
VI "a Justice VI the peace; anu
whereby tho said defendant did
charge plaintiff with corruption IN
Office M such Justice OF the peace, by
charging that he held court In this law
Office Of U. w. Powers. Tue language
Of the article, OF cOutse, may be con.
strued 10 mtan anything that the
wOfds, upon n reasonable construction,
would authorize, anu, In view OF the
| circumstances under wuich tho LAM
guaye was used. As indu,ement here
there Is nothing 10 explain further
than that plaintiff avers that he nj nil
lines hal drmtaned himself NJ an
honest man aud an honest attorney,
etc., aud had rever been suspected Of
| iucapA Ivy or dishonesty; 70 tnat there
Is nothing averred IN TINS complaint
that would give to thB llngu 40 al.
than It's ordinary meaning Us applied to
n Justice Ui thu peace anu an astIrusy.
Judge Zane read the article, and cOu.
| tiuuul:
La view OF the avermenls Of the
complaint rs 90 induCemeut or tue
circumstances, dou't think the con.
stucuOu put upon these words Is
authorized. IL would be unreasonable
/ q dtaw such conclusion, aud tue
public wouldn't 80 understand IL. The
question ought 20 be Rs o. whether IL
would tend 10 bring the plalntiti into
ridiculo aud contempt. That 10 an.
other question, but the charge, a. here
mate, ia corruption Ia Ufllue. In INT,
country, n nave hal occasion 10 To-.
mark before, We have "A constitutional
| provision that guarantees freedom Of
speech anu the press. IL In not every
| or ticism or uniavOrable Comment on
public officers that amounts 70 a libel
unless II Is published for severe
malicious or improper purpose.
NewsApers and others have tight
10 OritHise anI comment upon the
conduct oi public otilcers to reason.
able extent and with proper motives.
OF course they have no night TO mis.
| represent or state falaehOJds about u
public officer for the purpose Of bhng.
| log him into contempt, but they have
u right TO indulge Ia reasonable criti.
ciHm. | DOME think tho language used
IN the article authorizes the Inference
that the Intention was 10 charge the
plaintiff with corruption IN office.
| iInaYafufa li.,. ia. ID. urra, L. ataH.Iu.t