Evening star. [volume] (Washington, D.C.) 1854-1972, 1904-10-12
LOWER COURT UPHELD
COURT OF APPEALS AFFIRMS
JUDGMENT IN DAMAGE SUIT.
Decision in De Arnaud VS.. Ainsworth
in Favor Of the De-
PENDANT.

The Court of Appeals. in an opinion writ
ten by Mr.. Chief Justice Alvey and handed
down late yesterday, affirmed the judgment
of Chief Justice Clabaugh of the Supreme
Court of the District Of Columbia in direct
ing verdict for the defendant in connec-
ton with the proceedings at law instituted
by Charles A De Arnaud against Gen. F.
c. Ainsworth, at the time chief of the rec
ord and pension Office, War Department, to
recover damages in the sum of $4,000 for
alleged libel. According to De Arnaud, the
libel was contained in report made by the
chief Of the record and pension office,
wherein the claims of De Arnaud for
recognition for meritorious military serv-
ices We're held to be false or exaggerated.
Reflections were also made upon the char
acter and services of De Arnaud
The opinion upholds the view that an
official report submitted under the crcum-
stances of the De Arnaud case is abso-
lutely privileged and cannot be made the
subject of an action for libel although ac-
tuated by malicious motives or personal
animosity.
The occasion of the report" said Mr..
Chief Justice Alvey in his opinion, made
Dy the defendant to the Secretary of War,
and which report forms the subject-ma ter
of the alleged libel was the application
made. by the plaintiff for gold medal of
honor under the act of Congress of March
g. 1868 The application was addressed to
the secretary of War, though, by the terms
OF the statute, the President was required
10 act, granting or refusing the medal of
honor. The application necessarily involved
careful investigation of the facts upon
winch the application for the honor was
founded. This investigation into the facts
alleged In the application, and into the
character and merits of the applicant could
only be made through the War Depart
ment, and the defendant, by the authority
OF the Secretary of War, was the proper
officer to make the investigation and report
Sfoff r,cy h c
him.
Required by Regulations.
This was required by the regulations of
the department, and under which the mat
ter was referred to the defendant In
making the report, therefore, the defendant
was In the exercise of his official duty as
chief Of the record and pension office. that
once being bureau of the War Depart
ment and subject to the orders and control
or the Secretary of War. The action is
brought against the defendant in his private
t IN his character and without reference
10 MS official duties or position but this
can make no difference SO far as his right
OF defense is concerned
by the application for the medal of
5onor the plaintiff not only submitted for
determination the question of the truth or
tha particular facts alleged by him to en-
ute him to the mark of distinction claimed
but he submitted to scrutiny his character
LII HoiioI, integrity and bravery as q SOL
der such as would distinguish him among
soldiers who had acquired title to distinc-
tion. 10 confer the medal of honor upon a
party unworthy and without just claim
10 such distinction would be to depreciate
the mark of distinction conferred upon
those really entitled to enjoy it; hence the
Importance of full inquiry into the merits
and character of the applicant for the
honor.
None but those who had most distin-
gulshed themselves in action were entitled
to be decorated with the medal of honor
Unless the plaintiff had shown himself thus
to be distinguished in action he could have
no claim to the honors under the statute;
nor was the President required to confer
the honor for mere acts of adventure
"A peison rendering services as a spy or
as military expert the plaintiff de-
nominated himself, however, important or
valuable such services might be. and there
fore entitled to high compensation,
could hardly have been intended by the
statute to be decorated by a medal for the
most distinguished services in action. 1t
was only the heroic in action whose serv-
ices were intended to be signalized by
medals Of honor