Evening star. [volume] (Washington, D.C.) 1854-1972, 1913-06-01

any one. whether newspaper man or not.
the privilege of writing or speaking OF
any candidate for an elective once Worus
which are both defamatory and UNI
true.
"Whatever the law may be in other
iurjsdictions with us no one is privl-
legged to defame person because ne
happens at the time to be a candidate
for public office.
'When a newspaper attacks the char
acteri Of a candidate for public office
the publisher must, at his peril be care
full to ascertain the truth of the facts
charged, as in any other case of libel.
Liability of Defendant.
From what has been said 1t follows
that the defendants liability in this ac-
ton depends solely on the question wheth-
er the charge is truer or false.
"Unwiling to rest on the presumption
of law that the charge was false, and
cali upon the defendant to prove it's
truth or answer in damages. as was the
plaintiff right, the plaintiff proceeded
before this court to show that the charge
was false in fact.
And by his own and the testimony
OF Il long list OF witnesses OF high char
acter and unmpeachable credibillty ne
has satisfied the defendant, the jury also,
/ fully believe-certainly he has con-
cinvad the court-not only that he never
WIS drunk, but that he is now and al
ways has been temperate and ahste-
mious man.
After hearing the testimony OF the
plaintiff and his witnesses. the defendant
freely, in the presence of the court, con-
cedes the mistake of fact in his publica-
ton In this he has taken just posi-
ton.
Acted in Good Faith.
The court is satisfied from the testi-
mony OF the defendant that in publish
ing the statement he was not actuated
by actual i'll will toward the plaintiff,
and that he acted in good faith.
..'rhe enjoyment of private reputation
unassailed is as much constitutional
right as the possession of life. liberty and
property, and whenever one > reputation
is uDlawfuily assailed he Is entitled to
recover all the damages which he has
actually sustained.
The law presumeS that damages must
actually. proXimately and necessarily re-
suit from the publication of defamatOry
matter whenever the immediate and ac-
tual tendency of the defamatory words
is 10 impair the plaintiffs reputation.
Such was the Immediate and natural
we are considering. conceding that the
publication was made In good faith and
in the absence of actual malice.
Would Warrant Damages.
Therefore accepting as true all which
the defendant now claims as to the in
Jury to the reputation and feelings OF the
plaintiff which naturally, proximately and
necessarily followed upon the false pub
lication would warrant "A verdict in the
plaintiffs favor in Il substantial amount,
and would sustain verdict In any sum
to render a verdict in favor of the plain
tiff's declaration, which is ten Thousand
dollars.
But az the court Is addressed by the
plaintiff the object of the plaintiff in
bringing and prosecuting this action be-
ing the vindicaton of his good name and
reputation and not the recovery of a
money Judgment, and he having in open
court freely waived his right to the as
sessment of his actual damages, it only
remains for the court to direct a verdict
in his favor for nominal damages. which,
under the law of Michigan, is the sum of
six cents.
You are therefore. gentlemen directed
to rende ia verdict in favor of the plain
tiff for that amount.