The Taney County republican. (Forsyth, Mo.) 1895-1992, 1911-11-23
The Salmon Bank Case.

When the Salmon and Salmon Bank
at Clinton failed in 1905 snd was clos
ed by Hon John z, Swanger, Republi-
can Secretary Of State, the Post Dis
patch of St. Louis printed an article
severly rejecting upon Hon. Sam B.
Cook, the Democratic predecessor Of
Mr.. Swanger, for not discovering the
condition Of that Bank through regular
and thorough inspection and for per
hitting il to continue business after an
inspection made short while before
his term of Office expired. Mr.. Cook
sued the Post Dispatch in the Boone
county circuit court and obtained a
verdict for $50 900 damages. The case
went to the Supreme Court on the
appeal OF the defendant, whose con
tention was that the material statements
in the article were true and that its
publication was Of the nature ola public
service. The case was reviewed by
Division No 3 OF the Supreme Court,
where Judge John Kennish prepared
and delivered an opinion last week
concured in by Judges Brown and
Ferris. The opinion holds that criti-
cism Of the acts or neglience Of a
public official is a privilege Of the
press and is not libelIous if the state
ments made are true and no improper
motive is shown in their publication;
and that the statements made in the
Post Dispatch article were proven in
most part, by the defendant at the trial
Of the case. The judgment Of the
lower court was reversed. The opinion
states that the article in the Post Dis
patch does not charge or impute crime
to the plaintiff, nor that he was actu-
ated by corrupt motives; but Judge
Kennish said, whether the plaintiff in
falling to enforce the law against the
Salmon Bank was or was not actuated
by the motive imputed in the article
complained Of, we are satisfied that
such an inference and comment was
fully warranted by the facts and circum
stances in evidence, and as the facts
upon which the comment was made
were true, the publication was moi
de!amatory uder the law Of libel, but
was privileged as a criticism and com
men, upon matter Of public interest
This case has figured in State poll,
/ tics mainly because Mr.. Cook anc
Harvey Salmon, one Of the owners o
the bank, were personal and political
friends. The contention was that Mr.
Cook as Secretary Of State, did no
properly undertake to determine the
condition Of the bank during 1903 anC
| 1904. He made an examination early
in 1905, Just before his term Of Office
expired. The bank continued in bust
ness till early in the simmer OF 1905
when Hon John E. Swanger, who hat
succeeded Mr.. Cook examined il an(
found rotten condition. The banl
was closed the cashier sent to tht
penitentilry, the president, Harye,
Salmon, former State Treasurer, anC
| his partner and brother, DR.. Salmon
were indicted. Harvey Salmon va
tried at Warsaw. Neither Of the own
ers were punished. DR.. Salmon i
dead. The cashier was held respon
sible, mainly by the depositors, VIII
lost heavily. He had cunningly de
ceiycd bank inspectors and tried t,
deceive Mr.. Swanger bu, failed.
Mr. Cook is now at the head Of th
Central Missouri Trust Company a
Jefferson City, which he has developed
very successfully. He is regarded a
one Of the most enterprising and pub
lie spirited citizens Of the capital cit
and is a most influential leader i
Democratic State politics. He ha
been vigorously assailed in politics bu
has never been questioned in; privat
lie. He was formerly editor Of tn
Mexico Intelligencer, then becam
Chairman OF the Democratic State CON
mittee and was elected Secretary
State in 1900. He was defeated 4
reelection in 1904 by Hon. John