The Saint Paul globe., 1903-12-05
CAN CR|TICISE
PUBLIC OFFICER
Supreme Court SaysCitizen Has
Legal Right to Comment
on Official Conduct.

Honest criticism of the official acts of
public officer. by a newspaper, is not
libel, and is permissible, says the su-
preme court in decision Of yesterday in
which a judgment awarding damages is
reversed.
In the district court of Norman county
E. j. Herringer was awarded damages of
$3.50 against Peter o. Ingberg, on the
ground that Ingberg had libeled him in a
letter published in the Norman County
Herald.
Herringer was auditor of the county
and candidate for reelection at the time
of the publication, and Ingberg in his let
ter criticised the auditor and some Of the
other county officers for what he termed
neglect of duty in connection with delay
in the completion Of a ditch that was be-
ing built. Among other things, he said:
County officials that have proven their
incapacity to manage the county affairs
should not be reelected to continue sim
liar failures
Herringer in his suit demanded S1O,-
600, but was given a verdict of $3.50. Even
this is now Cancelled by the decision.
The supreme court in its syllabus says:
Can crltIcise Public. OFFICERS.
l. In an action for libel it is held, (a)
that an alleged defamatory publication
must be taken and construed in the light
of its language; (b) that the natural
and ordinary meaning of the language or
words cannot be enlarged, extended or
restricted by innuendo, and (c) that the
article complained of in this action is
not liEelous
q citizen has the legal right to
comment fairly and with an honest pur-
pose upon the conduct of public officers,
and the publication of such comments,
fair and temperate in tone, will not sub
ject the author to an action for dam
ages. Order reversed Brown. J.
Water rents are not taxes, within the
constitutional requirement of equality in
taxation, and city board of water com
missioners may make its own regulations
so long as they are reasonable. This is
the ruling of the supreme court in the
case of Roger S. Powell and Rina w.
Powell, appellants, against the City of
Duluth and l.. N Chase, respondents.
Other decisions of yesterday were as
follows:
Henry Morgan, as executor of the will of
Marietta M. Joslyn, deceased, VS..
Charles A. Joslyn, respondent
Judgment affirmed. Lewis, J.
Creamery Package Manufacturing Com
pany, respondent VS.. Joseph Tagley and
A. d. Stephens. copartners as Bank of
Mentor, appellants.
OIQSI dlATHl6O. start, T.. j.
John Brown, respondent, vs. Lewis
Fitcher ct al, appellants.
Order affirmed. Start, c. J.
Martin Nelson, appellant, VS.. w. c. Kelso
and A. Johnson, copartners as Kelso
Lumber Company, respondents.
Order affirmed. Lewis, ].
The National Bond and Security Comnay,
appellant, VS.. Board of County Com
missioners of Hennepin County, Henry
III. Gregg ct al, respondents.
Order affirmed. Start, c. ].
Coke Bros. & Co, appellants, VS. Anoka
Water Works, Electric Light and Pow
er Company, respondent.
Order affirmed Brown J.
Minneapolis & ST. Louis Railroad Com
pany, respondent, VS.. Hjalmar Lund ct
al, appellants.
Judgment reversed. Brown, J.
National Bond and Security Company. re-
spondent, VS.. Sarah E. Daskham ct al,
DEFENDANTS; state of Minnesota, appel
liant
Order reversed. Lewis. ].