Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-07-13
LANSTON'S LIBEL CASE
DEMuRRER OF THE MERaEN-
THALER COMPANY SUSTAINED.

Special Dispatch to The Star.
/ NEW YORK. July ia lengthy opinion
was handed down late yesterday afternoon
by Judge Platt In the United States circuit
court here sustaining the demurrer inter
posed BY the firm of Black. Olcott. Gruber
& Bonynhe. In behalf of the Mergenthaler
Linotype Company and Philip T. Dodge. to
the complaint filed by the Lanston Mono
typo Machine Company. asking for $25o000
damages for libel In sustaining the de-
murrer Judge Platt at the same time dis
misses the complaint.
The alleged defamatory matter was con-
tanned in a petition addressed to President
Roosevelt June IA. 1905. asking that he direct
the then public printer. F. w. Palmer, to
recall in order for seventy-two Ianston
machines for the government printing Office
at Washington. and order an investigation
as to the methods by which the order was
obtained. Judge Plat states that the court
could not see that the petition would con-
vey any idea of libel to an Intelligent
reader. and also makes light of the plain
tiff S contention that it also contained in
uendos. The court also stated it was 1.-THE
refinement of subtlety' to say that the word
order. as used in the petition. had any
reference, either by itself or by it's eonnec-
ton with other parts of the article, with a
contract which was entered into on June 10
between the public printer and the Lanston
Company. The article. read the opinion
did not attack the plaintiff to its fame,
credit. business. reputation or character"
and had no intelligent application or refer
ence to the plaintiff in defamatory sense
and when fairly construed is incapable of
such construction" Continuing. the court
states that it is its duty to deny the plain
TIN the right to maintain an action thereon.
Public Printer Not Protege.
Referring to the second count of the COM
plant, Judge Plat says it appears to be
aimed at recovering expenditures before
commission which was appointed by the
President as the result of the petition. The
public printer was not protege of the
plaintiff. the opinion states, and was I'M
doubtedly able to take care of himself and
that If the plaintiff desired to advertise its
machines at such hearing, 1t was a mat
ter with which the court had nothing to do.
Judge Platt, in concluding his review of the
alleged Objectionable matter. states that
only few of his reasons for Diminishing
the complaint have been noted in the opin-
ion.
The petition, which Black Olcott Gruber
& Bonynge's demurrer declared not libel
Gus, claimed the contracts for the machines
had been secured "corruptly, clandestinely
and in violation of law and the unbroken
custom which had governed such customs.
The petition also claimed the order was
given without the recommendation of the
foreman of printing. and that the latter's
order had been obtained through the direct
order OF the puDilc printer tnat tne lattei
official had by his action prevented compe-
tition, and that his assistants were inter-
ested in the Lanston company through
ownership of stock Favorable matter. the
petition averred, had been given to the
plaintiffs machines to set up. thereby en-
abling the company to claim an apparent
double output. and that the order was bad
administration. extravagant and scah-
dalous"
Shortly after the publishing of the petit
| ton of the Mergenthaler company, the
Lanston company came out with vigorous
denial and intimated that suits for heavy
damages would be instituted at once. This
| was followed later by the filing of the
| complaint asking s25O.OO0 damages 10
| this Messrs Black. Ocott Gruber IL
Bonynge demurred. and Judge Platts sus-
| tanning of their demurrer ends the suit
owing to the very sweeping language used
| by Judge Plat it Is not likely that any
similar suit will be substituted.