Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1905-09-05
robinson TALKS
ON WHAT
CONSTITUTES LIBEL

UUIIOlIlUlLO uDLl
Judge Robinson this morning render
ed decision in the libel suit of A. V.
Gear VS.. Hawaiian Gazette Co.. Ltd,
sustaining the defendants demurrer
and dismissing the case. A. @. M.
Robertson, for the libellant, gave no.
zee OF an exception.
Judge Robinson opens his decision
by stating that the matter was an ac-
tion to recover $4,000 damages for an
alleged libel published In the Adver'
! tiser, and quotes this article in which
the 1wilei Investigation is mentioned
In connection with A. V. Gears name
and the conclusion drawn that his
availability as candidate for Super
intendent of Public Instruction was
thus impaired.
After dwelling on the gronds Of the
demurrer the decision states as fol-
lows:
| "As the article complained of does
not associate the plaintiff with the So
called Japanese social evil PERSONAL
ly, but merely in his representative ca
pacity as an officer and agent Of the
Fidelity insurance Company, I think
It safe to assume that the language en-
ployed, as read and understood by
person of ordinary intelligence, would
not tend to injure or defame plaintiff
in his fame, reputation or good name
or to bring him into public scandal,
disgrace, adherence. odium, contempt
or ridicule. unless II also tends to i'm
pute to him the commission of a crime
or some public offense involving moral
turpitude."
The court refers to the statute re.
garding disorderly houses as being the
only one which applies to the case and
quotes II as follows:
Sec. 1862. Houses OF prostitution;
punishment. Whoever keeps or main
tains house or place Of Ill fame used
or resofted to for the purposes of pros
titution or lewdness: whoever, as own.
or or lessee or agent thereof. knowing
ly let or permits any house or placa
to be kept or maintained for the pur.
poses of prostitution or lewdness,
whoever. as owner lessee or agent
thereof. suffers any such house or place
TO be kept or used for the, purposes OF
prostitution or lewdness. after having
been notified in writing that such house
or place to be kept or used for the pur.
poses Of prostitution or lewdness, after
having been notified In writing that
lsuch house or place Is kept and used
for such purposes, shall be fined not
less than one hundred dollars nor more
than one thousand dollars and be i'm.
prisoned. for not less than sixty days
nor more than six months at hard la.
bor."
1T Is upon the second clause OF the
section quoted that plaintiff relies as
having particular application to tbs
case at bar. In reference to the Ian
guage employed In the article com.
planned Of, as tending to impute to hin
the commission of a public offense in
volving moral turpitude. Unquestion
ably, that portion Of the section quoted
upon which plaintiff relies, defines .
public offense involving moral turpi
tude. but does the article complained
Of charge or tend to charge the plain.
; tin with the violation OF that portion
Of the statute?
It will be observed that the portion
of the section referred to uses tn,
word knowingly" In defining the
public, offense thereby created and by
such use makes the fact of knowledge
on the part of the owner or lessee OF
agent of the use or purpose for which
such house or place is let or permitted
to be kept or maintained an essentia
ingredient and element of the offense
Particular words are not actionabls
, as imputing the commission of stat
utory crime unless the words used, e,
vi termlni, tend to charge all of ths
necessary ingredients of the offense
1t is not, of course, necessary that the
words used shall charge the offenst
in the very language of the statute bu
the words must be such that consid
cred according to their plain and nat
ural import they convey to those wht
read them the idea that the plaintiff
has committed the offense.
: After quoting several authorities the
decision is given as follows:
Applying the rule stated to the case
bar / am constrained to hold thai
this language complained of is not II
belous per Sc. II Is nowhere charged
that the plaintiff knowingly let OF
permitted the premises in question Il
be used for the housing of the Japan
use social evil, assuming that that ex
preston possesses the meaning
claimed for 1t by plaintiff In his innu
endo.
II Is ordered that the demurrer o.
: the defendant to the complaint of the