The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-05-30

prietor of this paper for $4,000 dam
ages growing out of an article pub
lished in the state Journal in August.
1903. came to an end last night by
the jury giving a verdict for the de-
fendant.
This case formed one OF the most
important pieces of libel litigation
that has engaged the attention OF the
courts. lawyers and the public. The
one. It is a triumph OF the fndepend-
ence Of the newspaper: Of any news
paper which does what it believes to
be its duty in exposing and criticising
questionable. irregular or corrupt
transactions of public officials.
The State Journal believed that the
purchase of the Comanche county
bonds by the school fund commits
sioners was a dark and ugly trans
action. and said so. There was no
malice whatever against General Cole
man. II was in no way a personal
matter. The criticism was of a public
officer who was also a candidate for
reelection. Subsequent investigation
after the article was printed showed
that connected with the transaction
were additional Incidents black and
ugly that have been detailed in the
news columns.
The effect of the jury's verdict will
be to put public officials. particularly
those of state. more on their guard
to conduct themselves and every in
cident Of their office in a manner
which shall be above suspicion, ac-
cording to law and established rulings
and precedents.
The verdict Of the jury will hold be-
fore the public official not only the
fear. but the conviction. that the inde-
pendent and unmuzzled newspapers,
and they are growing in numbers, will
not only criticize questionable public
acts, but understand that this is their
duty to their readers. the public, and
that the courts will not punish but
approve the newspaper which con-
dennis a public officer, neglectful, in
efficient or corrupt in his conduct of
the Office which he fills as a servant
to the citizen.
1t would have been a sorry day for
good government had the verdict been
otherwise. for it would have meant
that no public journal could hereafter
have dared to tell the truth about dis
reputable deals or to criticise the weak
or wrongful acts of public officials
without running the risk of expensive
libel suits. A verdict against the paper
would have meant the muzzling of
every newspaper in Kansas regarding
the acts of public officials or candi-
dates for Office.
AS a result of the exposure Of the
~
legislature passed a law prohibiting
wrongful acts complained Of in that
transaction. It provided that there
shall be no secrecy about bond pur-
chases; that all the facts about them
must be recorded and published at
stated intervals in the official state
paper; that the attorney general must
file his opinion in writing concerning
all bonds purchased. In other words,
new safeguards were thrown around
the state school fund. In the future
the investment of this fund will be
more carefully guarded than it has
been in the past.
Another result of the exposure OF
this deal was the return to the state
treasury of money wrongfully taken
from it.
It was no pleasant duty to uncover
and publish the facts concerning that
dissraceful Comanche county deal. II
is always more agreeable to let such |
things go unnoticed. but the newspa-
per that is not courageous enough to |
put forth its best efforts to discover |
the truth when it has reason to believe
that public officials are not true to the
trust reposed in them; when a news
paper fails to publish the truth about
delinquent or dishonest officials it fails !
of its duty to the public and to its
country, and it is not worthy of the
support of honest people.
1t was no easy matter to discover the !
facts with reference to the Comanche |
county bond deal when the records |
were suppressed and parties concerned /
in it were making strenuous EFFORTS to /
keep it hidden.
The case was thoroughly prepared by I
the attorneys for the defense. They I
were each and all enthusiastic in their |
belief that they were engaged in a good |
cause in acting for a defense whose
victory would be one of far reaching eff
feet toward the wholesomeness and the /
welfare of the public and in a Just
freedom of the press to criticise the |
official. neglectful or corrupt Bale |
P. Waggener, Of Atchison, W. P. Hack
ney, Of Winfield, and J. G. Waters, of I
Topeka, devoted their time and talents.
heart and soul. to the case. They were
naturally happy over the outcome
This paper acknowledges with SINGER
est gratitude congratulations which
have poured in upon 1t from its read
ers IN the humblest and highest and
the intermediate walks of life-a typi-
cal expression being: The verdict is a
triumph of and step forward in civic
Righteousness"
The verdict is not alone one for every
one Of the many newspapers striving
to uplift public morals, but one which
emphasizes the great responsibility
of the r1errsr,a r,e,- Il .-t..l.,. ..-..s.t. 1.