The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1904-05-14
GUSTS LIBEL SUIT
MUST GO TO TRIAL
Supreme Court OverruIes j. L.
KllchIi's Demurrer Holds
Language ActionabIe.

OF sixteen decisions handed down by
the state supreme court yesterday, six
are reversals of the trial judges and
of this number perhaps the most inn
portant is the case Of Charles A. Quist,
appellant, against Joseph L. Kiichli.
respondent, and which grew out Of
charges made in connection with the
grand jury investigation of certain
Minneapolis aldermen.
The supreme court holds that the
language alleged to have been used by
Kiichli in referring to Quist, who was
foreman of the grand jury probing the
allegation Of alleged graft" in the
Minneapolis city council, is actionable,
the trial court is reversed and the case
sent back to Hennepin county for trial,
Klichlrs demurrer being overruled.
The action Is the result Of a state
ment alleged to have been made by
former Aid. Joseph Kiichli to Michael
Breslauer and others in connection
with Charles A. Quist, a Minneapolis
real estate agent and the then fore
man of the grand jury. dipping deep
into the murky municipal waters of
Minneapolis. 1t Is alleged that Kiichli
told Breslauer, in the presence Of 9TH
ers, that "Quist came to my office, shut
the door, and came down with his
hand and said: have got the boys"
-(meaning thereby certain persons,
some of whom had been and some of
whom were at this time members of
the city counciD-"and I want you to
get me $4,000. You can get it from
Cal Goodrich and the Electric Light
company"
Defendant demurred to the COM
plant, setting up that it did not state
facts sufficient to constitute a cause
of action, and the trial judge at Min
neapolis sustained the demurrer.
Holds Words Are ActionabIe.
Judge Lewis, in overruling the de-
cision of the lower court, holds that
the words complained of are actionable
if they consist of statement Of facts
which would naturally and presumably
be understood by the hearers as a
charge of crime. The language, when
considered in connection with the sub
jects set forth in the complaint, the
court says, is subject to only one rea-
sonable and natural constructiOn-that
unless Quist was paid $4,000 the in
vestigation of the city officers by the
grand jury would go on, but If 1t was
paid it would come to an end. The
court says:
The speaker may have intended no
harm, or he may have been ignorant of
the full import Of his words, yet he can
not escape responsibility IL he sets afioat
a false declaration which might convey
the impression to those knowing the rela-
ton of Quist and the grand jury to the
investigation that bride had been solic-
tied
Other decisions were as follows:
Isidor Shafer. respondent. VS.. Peter Hert-
zig appellant.
Order appealed from reversed and new
trial granted. Lovely, ].
George s. Grimes. appellant, VS.. Spencer
Ericsson ct al. respondents.
Order affirmed. Start, G. J.
John Bell, respondent, vs.. James N. Nc
Grath, appellant.
Order affirmed. Douglas, j.
John O. Lysne and c. N. sonneayn. APP
pellants, VS.. E. G. Kunstad, respondent.
Order affirmed. Lewis, ].
Edmond George Doves, appellant, vs. Sa-
die J. Buffers, respondent.
Order affirmed. Lewis, J.
John Beaudry. respondent. VS.. Frank Du-
quette, appellant.
Order affirmed. Lewis, J.