The herald., 1895-04-02
PARSONS NOT PRIVILEGED
SIander Can Be Perpetrated
by Prayer
KELSO AGAINST CAMPBELL
The Librarian Has Cause of Action
Against the Minister
He Might, Perhaps, Have Disciplined a
Hember of His Flock, but
Not an Outsider

Judge Clark yesterday overrruled the
demurrer interposed by Rev. J. c. Camp
bell in the suit charging him with SLAM
dering Miss Tessa l.. Kelso, the librarie n
of the Los Angeles public library. The
basis OF the action was a prayer offered
by the defendant before his congregation
in the First Methodist Ep scopal church,
in which he said: "Oh Lord, vouchsafe
thy saving grace to the librarian OF the
Los Angeles city library, and cleanse her
OF all sin and make her woman worthy
of her office.
No special damages are alleged, says the
court and the words spoken do not
prlma facie constitute a SANDER, and are
not actionable per Sc, unless, as the plain
tiff claimed, they tended directly to in
jure her in her office by lmputing that
she was generally disqualified in those re-
spects which the Office peculiarly re-
quired. After denim, SANDER the court
shows by authorities that slanderous
words are actionable which directly tend
to the prejudice of one in his office, pro-
fession or trade, without proof OF special
damages.
Miss Kelso's complaint showed that the
words spoken by the Rev. Mr.. Campbell
tended to njure her by innuendo. IL al
leges that the prayer was prefaced by re-
marks respecting French book OF an
immoral character that had found its way
to the shelves and catalogue of the public
library, and con'iemnatory of whoever was
responsible for it.
Miss Kelso denied her responsibility,
as she is not a French scholar nor exer-
cised censorship over the books in that
is the practice in the Methodist church,
she alleges, that when people have been
guilty Of immortality, for the pastor to
publicly pray for them, and whenever so
prayed for the congregation knows that
it is charge by the parson against the
moral character of such persons. By his
invocation the minister conveyed the
charge that Miss Kelso was sinful and
immoral woman and unworthy OF being
librarian by reason of her moral delin-
quencies. On account of having under
her control large number OF female en-
ployees and because the library is daily
visited by large numbers OF young girls,
the possession of an unblemished moral
character is a qualification of absolute
necessity in a librarian.
The Rev. Campbell in his demurrer
took the position that his statement was
privileged. The court says that Islander
can be perpetrated in the form OF prayer
as readily as in any other form OF speech,
and no communication made by parson
or prleSJ TO MS congregation is pII'HeSeu
because of such rela ion, unless, perhaps,
when made in the discharge OF his pas
toral duties with one subject to the dis
cipline of the church, ana then only I'M
less made without malicN.
Miss Kelso was not member of the
Methodist Episcopal church, nor subject
to its discipline. Her complaint alleges
that the prayer was offered malclously
for the purpose of defamng and injuring
her. and Rev. Campbell's demurrer adj
mitted that her allegations respecting the
innuendo character of the prayer averred
in the complaint were true. he defend
ant was given ten days to answer.