The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1909-07-25
Judge Jones's Opinion II Full
IN Light Company Injunction Case


piainant; Steiner. crum & Wen. contra.
Jones, District Judge. This case has
peen ably and deliberately argued. ana
has had most painstaking considera-
ties have deep interest In the very
important questions 1t involves. ana
no apology is needed for extended ex-
animation and discussion Of them.
!. At the threshold OF the case. we
are met with the question Of the pow
er OF the court OF equity to enloin
written or spoken defamation OF
mans credit and business standing.
The difficulties in the way OF AFFORD
Ing such relief are insurmountabie,
They grow alike out of constitutions
provisions. and want OF Jurisdiction In
complained OF. are not false defend
ant has right to make use of them
In getting business for itself. 1t af-
tnsy are
| false. Defendant has a right to have
the truth or falsity of the issue deter
| mined by a jury trial as at common
eouitR which has no s ;ar,sdotio so Of
such matters. Apart from that. a court
Of equity can never enjoin any person
from doing any act, unless II Is fairly
that the person sought TO be enjoined
has no right to do that act. AS to
that, a court of equity must be salts
ned before 1t can grant preventive re-
lief. How can q court Of equity be
satisfied as to where the right lays in
| the matter of the alleged false state
| ments. In ADVANCE Of trial at law? 1t
| cannot try the question for itself. nor
determine the right In advance OF the
law court. Again, the constitution for
bids any law ito curtail or restrain
! the liberty of speech or of the press"
speak. write and publish his senti-
ments on ali subjects, being respon-
sible for the abuse of liberty" Neither
q court OF equity, nor any other de-
. eensorship i n ADVANCE cav over sss such eR
matters. and. deeming such utterances
70 pc improper, prevent person from
publishing them In the exercise Of this
TO publish, II he chooses 10 take the
risks after he has spoken or written
falsely. the criminal law can punish
DAMAGE ana hs i Sat s sa"s rssrsss h%
not be adequate In all cases. and In
some cannot be. IL quite apparent; but
the remedies named are all that the
ploy In protecting a property right
| against the effect Of Islander upon a
mans credit ana business standing.
c rns court cannot e. outside q the
inadequate remedy which the constitu-
ton has declared to be the sole rem
| edy The wrongs ana injury which
means to suppress SANDER are parts
Of the price which the people by their
organic law. have declared II is bet-
ter TO pay, than to encounter the evils
allowed to take the alleged sianderer
iibeller by the throat. in advance. It
IS bootiess now, to inquire whether the
courts. which first dealt with this
ileges the constitutional provision in
tended to secure, by taking from the
courts the power to deal in advance
with the emanation Of Islander and IL
where the only purpose of uttering
them Is to acquire personal gain, by
wrongfuiiy. and wantonly aspersing a
standing. However TIN that am NAV u be- il
was the law In England until chang
ed by statute: and 1t is the settled
doctrine In this country. that court
Russell 1913 Mass. 1877 Kidd VS.. Hor-
~ % Fed. a; Frances vs.. Flynn, liz
s u ssS; Marlin Fire ,,,; Arms IS. Co VS.
Burnsr c. In No st l Elnt E xi smo VS.
Edison Chemical Co, 12s Fed. s5i.
Court Hrs JurisdictiOn.
Nevertheless. Il is insisted that the
making and circulation Of false state
ments. In order to defeat a fraud up
on complafnant's customers, whereby
they are wrongfully induced to breach
IT.
fraud upon the complainant itself.
We have seen the constitutional tram
mels which prevent the court OF equi-
~, from entotning the making or cir
| cuiation OF the defamatory or libellous
statements. Those trammeis cannot
be shaken on. and the Jurisdiction Of
| equity enlarged, by denouncing a mere
injury. In Pomeroy's Eu Jur ~P Sections ioe
| $40 II Is said 1.-THE grounds of inter-
ference must be more than injury to
the property. arising from the libel
the publication OF the libellous circu-
lar Will not be enjoined. when the in
Jury to the property arises from the
faisity of the charge" No question
OF disclosure OF confidential matter is
Involved. and no relation exists be-
| tween the parties except that Of rivals
hghting each other at arms length.
The intimidation" and frightening" OF
complalnant's customers. which COM
plainnnt insists Is effected bv the false
statements, does not amount to coer-
cion or intimidation In the eye of the
| law. In their circulation 1t is not al
legged that violence was threatened to
the customers person, or injury to his
property or business, or interruption
OF his relations with other persons.
statement OF facts. false though they
may be, are addressed to the customer,
from which he may deduce the conclu-
sion that II is more to his advantage
to deal with the solicitor than to re-
main with the complainant. The custom
er is left free to form his own judg-
ment and take his own choice. He has
been deceived. It may be; but he has
not been threatened. inundated, or
| coerced. Surely no one would claim
| that a person who was deceived in
swapping horses. by wilfully false rep
reservations as to the superior quail
| " OF the horse he got, as compared
with the horse he parted with, or the
beneft to result in consequence of the
| bargain. had been coerced or intimi-
dated. or frightened into making the
| swap He has been merely outwitted
and deceived Hence, the case does not
fall within the Influence Of Beck vs..
Railway Transfers Union, 100 Michi-
gan, 497. and kindred cases, wherein
1t is properly held that the constitu-
tional reVisions as to the freedom OF
the press and liberty of speech. cannot
prevent injunctive relief against the
circulation of printing, or the speak
ing of words. the natural effort of
which, under the circumstances. is to
convey a threat, to bring about vio-
lence to person or property or boy
colts. or like injury to the business
of those to whom the writing or words
relate, or Will naturally be applied.
The next important question 10, what
play Is allowed, under our laws as
they stand. to the operation OF what
is Unfortunately termed in the books
the law of trade the law >of competi-
ton, the law of supply and demand
Tese 70 questions which have vexed