The daily star-mirror. (Moscow, Idaho) 1911-1939, 1914-02-07
Power of City to Establish Moving

J VNCl VI WY " @otabitch 4uVfihE
Picture Satisfactorily the city -oi
| Toledo, O., enacted an ordinance set
| ting aside a sum of money to be ex-
pended in the operation Of public
moving picture show for the benefit
of Its inhabitants. The city auditor
, refused to expend the money so APP
propriated, and mandamus was then
instituted. The supreme court of Ohio
held that all the operations of the city
must come within such powers OF
government as, in view of their ma
ture and field of operation, are local
and municipal in character, and that,
regardless of whether moving picture
exhibitions may be educational to a
certain extent, they cannot be classed
as public enterprise.
Libel BY Honest Mistake as to Iden-
tity-The publication in newspaper
that plaintiff had been indicted by
the grand jury, when in fact the per-
son indicted was another person of
similar name, was not privileged, al
though the publisher exercised rea-
sonable care and diligence in endeav-
oring to ascertain the facts before
it published the report, and though
the mistake was an honest mistake.
Such was the gist of the decision i'll
Sweet VS.. Post Publishing company.
(Supreme judicial court of Massachu-
setts) The court in part said: This
is an action of tort to recover dam
ages for the publication of an alleged
libel upon the plaintiff, an attorney
at law, in the Boston Post of August
10, 1907, a newspaper published by
the defendant The article complained
of purported to give the names of six
persons who had been indicted by the
Suffolk county grand jury for con-
spiracy to defraud persons unknown |
and circumstances connected with |
heir arrest. Amongst the names |
given as those of the persons indicted |
and arrested was that of the plaintiff.
There was also a paragraph i'll the
same article having prticulars as to
age, residence, and profession of Mr..
Sweet which was descriptive of the
plaintiff in the particulars mentioned.
The article was printed in what may
,e fairly described as a highly sensa-
ional manner THE investigation and
eport by the grand jury constituted a
judicial proceeding, and in the abb
ence of express malice, fair and cor
ect report of it by the defendant in
he newspaper published by it was
Privileged But no duty rests upon
he publishers of newspaper to re-
ort judicial proceedings. and their
interest in such matters is only that
Which all the rest of the community
as. 1t is for the interest of every
ne that crime should be detected and
and every one has the high
st interest in whatever pertains to
he proper administration of justice
t is upon these grounds that reports
f Judicial proceedings fairly and cor
ectly made are privileged. In order
, be privileged, such reports must
e not only fair and impartial, but
ley also must be accurate. The
lme principle which requires that
ley should be fair and impartial re-
1ires that they should be accurate, at
asst in regard to all material mat
rs. The defendant contends. how
yer, that it is not liable, and is en-
tied to avail itself of the privilege
,tended to fair, impartial and accu-
tie reports of judicial proceedings if
exercised reasona lie care and dill