Semi-weekly herald., 1909-11-04

be conceived.
Under Its holding brick yard is not
public nuisance.
Medical Law Upheld.
The supreme court again upheld
Colorado's medical law today and al.
frmed judgment against Frank w.
Higgins. convicted Of practicing medi.
cine without q license.
Higgins maintained that he had
practiced medicine ten years before
the law was passed. that even though
he had never taken an examination he
was entitled to continue doctoring on
the ground that the legislature could
not legislate him out OF a profession
The court considered ais contention
II upheld an invitation to violate the
law. and confirmed the lower courts
judgment.
Assessors Act Unlawful.
In the case OF Jesse s. Guile VS..
George d. Statlu. as treasurer OF Weld
county. the court held that a county
assessor cannot arbitrarily raise the
valuation of property. or rather cannot
add property or negotiable paper to
an assessment roll without first noti.
Tying the taxpayer. The assessor OF
Weld county added $500 in mort.
cages to the tax schedule of Guile with
out notifying Guile. The court held II
Illegal.
Libel Suit Dismissed.
In the case OF the damage suit of
Florence FrIdborn against the Rocky
Mountain News the corporation won
and the suit was dismissed. This has
been one of the most unfortunate Incl
dents In Denver's life. Five years ago
Harold Fridborn. a brother of the girl
was murdered and the girl was as.
saulted while they were out skating on
New Years eve. Russell Bolles whom
almost everyone believes innocent was
three years ago convicted of the crime
and Is now serving sentence I'm the
penitentiary. Several months after the
crime had been committed the News
published story to the effect that
the girl was about to become n mother
The girls father brought suit and Sc,
cured Judgment for $1,000 against the
company. The company appealed to
the supreme court and In the opinion
written by Judge White today the
Judgment is reversed The opinion
holds that no malice was shown and
that under the incidents that had oc.
CURED which we're known to every
body. even though the story was erron.
eous and not true. libel had not been
proven and damages were not justi.
fed
The opinion contained some OF the
most startling statements yet render.
ed by Colorado's supreme court. 1t
says that under certain circumstances
person can call another a murderer
a liar or thief when the charges are
untrue and still not be liable for dam
ages. 1t says there are times when
an untruth IL not lie. The opinion
states that II AS wife commits sui.
side by reason OF A's abuse to her, o,
II he owns newspaper, has a right
to call A a murderer and cannot be
sued for libel. 1t states that the en-.
tire public was aware OF the facts that
the Fridborn girl had been assaulted
that nature In Its usual course Of
events might cause her to become q
mother and under such circumstances
her character and reputation would
not be injured. That under those cir.
cumstances the paper did not libel her
when it printed = story that she had
become a mother. even though she
had not.
The opinion WAS read by almost ey.
cry attorney who visited the supreme
court today and was the subject OF
more talk and comment than any opin.
ion that had been written since the
famous election case opinions during
the Peabody-Adams contest
II was common talk that the opIn.
ion had been written by the Judge
who has the longest time yet to serve
on the bench.