The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-05-29
INSTRUCTIONS or THE COURT.
Explains in DetaiI the Law Of News.
paper Libel.

Some of the important instructions
of the court to the jury, which were
summarized in Mondays state journal
are as follows:
The law provides that the commits
s1oners shall not invest in any Donos
which together with the other out
standing Indebtedness shall exceed 10
per cent of the assessed valuation OF
said county. In this connection in
struct you that the valuation OF the
taxable property Of a county as nXed
by the assessors of said county and
shown by the return of the county
clerk on file in the Office of the auditor
of state is the proper and lawful Dasls
on which the security for bonds OF
such county is to be based by the COM
missioners of the permanent school
fund in the purchase Of bonds ana
not the valuation fixed by the state
board of equalization. If then you
find from the evidence in this case thai
said $4,000 Of said bonds purchased
by the commissioners of the perma-
nent school fund, together with out
standing Indebtedness of said Conan
che county on the date Of said pur-
chase, exceeded Is per cent of the as
sessed valuation of the taxable proper
~ of said county as fixed by the as
SCISSORS of said county and shown py
the return of the county clerk of said
county on file in the Office of the aud
itor of state for the year 1903, then
instruct you that such purchase was
without authority of law.
sThe law prohibits said board of
commissioners from paying for any
bonds a. greater sum than the actual
market price thereof at the time OF
purchasing the same In this case
therefore, il YOU find from the evil
dence that the said board Of commits
sioners paid for said $123,000 of bonds
any greater sum than what you md
from the evidence to have been the
actual market price thereof at the
49, -f-,or 7
instruct you that such purchase was
in violation Of law
"a communication made in good
faith upon any subject matter in
which the party communicating has
an interest or IN reference to which
he has a duty public or private. either
legal. moral. or social, if made to
person having a corresponding inter-
est or duty. is privileged.
ssIf YOU believe then from the evil
dence in this case that on August 20,
1904 plaintiff was candidate for re-
election to the Office of attorney gen
eral and that defendant published said
article for the sole purpose of giving
the voters of Kansas that which he
believed to be truthful information
concerning the official acts of the at
torney general and only for the pur-
pose of enabling such voters to cast
their ballots more intelligently and
effort to ascertain the facts before
publishing the same. and that the
whole thing was done in good faith,
and without malice toward plaintiff.
and if you believe that the bulk of the
circulation Of said paper was within
the state of Kansas and that its cir
culation outside Of the state of kan
sas was only incidental, then I in
struct you that your verdict must be
for the defendant. although you may
believe that the principal matters con
tanned in said article are untrue in fact
and derogatory to the character of
the plaintiff.
at instruct you that the advance
ment of 1923. 600 of the states money
to GODDARD and the payment to GODDARD
of double interest on said bonds for
the time GODDARD had use of the money
belonging to the state, that is from
July % until August IL 1904. would
be a misuse of the public funds in
his charge and without authority OF
law
Go TO New York on the Tehigh.
Double Track Scenic highway. Con-
meets at Buffalo or Niagara Falls with
Ill >, y~fk