Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1893-01-18
THE NEWS" LIBEL SUIT.
The Demurrer 10 Judge Powers
Complaint Sustained To-day.
JUDGE ZANE STATES HIS REASONS.
The Constitution Of thr uaiied States
Guarantees Freedom TO the Press.
- The Charge Here Not Esiab.
lished.

Just before noon today the demurrer
10 complaint Ia the libel suit brought
by Judge Orlando Powers against the
Desefet News Company (thc prede-
cessor OF the present Deseret News
Publishing Company was called up
and argued by Hon. +. ). Richards on
behalf Of the defendants, and by NJ.
torneys w. II. Dickson and Ogden
Hiles on behalf OF the plaintiff.
The suit was brought by the plaintiff
on the strength Of an editorial which
appeared Ia the NEWS on July 2nd,
1899.
Attorney Richards contendei that
the complaint did not contain facts
sufficient to constitute a cause OF ac-
ton, there being no llbelous matter In
~, and hence no ground for damages.
ON the other hand, Attorney Dickson
insisted that the article was IA direct
reflection upon his client.
CHIEF Justice Zane, after liste ning
TO the Arguments anu making a careful
perusal OF all the papers, said the
question which now arose was
did the language USED In the
article authorize the construction
Or Inference that the writer Ia.
tended to convey to those who read the
publication the idea that the plaintiff
had acted dishonesty and corruptly In
MS official capacity ms Judge OF the
First district ia the trial and determi-
nation OF cause which came before
him, HIS honor read from the article.
OF course, he said, there were suspicious
minds which put bad mean
ing upon almost everything, while
some were disposed otherwise. Some
Inferred wicked intentions and some
good ones from the same language.
The constitution Of the United States
had guaranteed to the American people
whether editors or otberwise-free-
dom Of speech, and all the
newspapers Of this country were
allowed greater latitude Of language
than was the case in older countries.
Kings and aristocTacies, where they
had the power, were somewhat
illiberal; but In the United States.
where the government rested
upon the will of tine people, and where
the officer was tbs mere servant or
agent OF that people, he must bear
criticism. 81 have had some Experience
myself In that line" said hie Honor In
n modulated tone OF voice, amid the
laughter OF the members OF the bar,
land II will not do for every little slip
an EDITOR makes to regard It as au In.
tentlon---n wicked iutonlion-to rob |
the man whom he criticises OF his re-
putatlJn. There must be some liberty |
uItntyaI Th. At
United States, as before said, guarau- |
tees II 10 public speakers anu news |
paper6 In their language, and the edit. |
Orial sometimes furnishes lash which |
keeps n great many people within the |
traces; II keeps them straight. Ii IL |
quite rs Influential wi u great many |
as their conscience-probably little
In the ordinary aoceptatlon Of the
language Of this particular article his
honor did not himself draw the infer
once that the editor intended to charge
Judge Powers with having been brlbsi
because that was what corruption
would mean. In order that news
paper might become subjected 10 suit
Tor damages Tor charging dishonesty,
corruption, wicked conduct, II seemed
to him that stronger language must be
used than Appeared here. The question,
apart from the suspicious Of some
people, was what would n fair
minded man understand from this?
Some men might have understood it
ns the plaintiff had done, but lac did not
think any iair-lniuded person would;
at least he himselt did not. The de.
murrer would be sustained.
Attorney Diokson--in order to de.
teFmine whether we will amend our
would ask, Is your honor
Of opinion that II was Intended to
charge Judge Powers with official
misconduct In the trial OF that cast?
Judge Zane--Well, ! do not know
that ! would say that. The ques.
lion Ia what do You mean by misc0n-
iuct? II you mean mistakes, we all
make mistakes sometimes. The best
Judges commit errors which they
would be glad TO recall.
Attorney Dlckson--I do not mean
hat, hut wiliui, official misconduct.
Judge Zane / should hardly think
( would bear that construction. Ger
ainly there is no language here charg.
Ing, that that see.
Attorney Dickson - Well, we Will
ske ten days to determine whether 10
mend or not.