The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-05-12

the articles, alleged IN the petition,
were published in the said Topeka
State Journal, of which at the time
this defendant was the sole owner and
publisher, that each and every one of
said articles were in fact true, and
privileged and justified, as hereinbe-
fore set forth; that the publications
referred to, marked Exhibit IA to-
gether with the headline, were in
serted in the ordinary and usual man
ner of the publication of important
news in the noon edition of said pa
per; that it is the custom of the best
and most up-to-date afternoon papers
to carry at the top of said papers in
their early editions, a prominent
headline as an index to the most in
teresting and important news in, said
newspaper; that In pursuance to said
custom the Topeka State Journal, on
the date of said publication, and many
days prior thereto, did carry as such
index headlines referring to the prom
inent. interesting and most important
articles on the first page; that the in
formation concerning the said Grand
opera house was among the most i'm
portant news of that day and was
given prominence for that reason. and
for no other, as being in line with the
policy of said newspaper to concern
itself about the health and safety of
the general public and particularly of
the people of the city of Topeka, and
its subscribers. And said publication
and the prominence given to it were
justified by the facts, and the condi-
ton of said building as had been dis
closed by the investigation and report
and action of the Bureau of the De-
partment of Labor and Industry of
the State of Kansas, and the Fire De-
partment of the city of Topeka. the
duty of which bureau and department
is to keep advised as to the safety of
public buildings of that character, and
to recommend and require the correc-
ton of any defect and danger in said
buildings, which would endanger or
imperil the safety of the public as pa
irons of said theater: that prior to
said publications and on the 3rd day
of April, 1916. and after an inspection
of said building, the State Superin-
tendent of Inspection attached to the
Department of Labor and Industry
and the division of theater and fire
escape inspections had prepared and
written report of theater and fire
| escape inspection of the Grand opera
house in the city of Topeka, the prop
| erty of said plaintiff and had advised
| said plaintiff of the substance and
| contents of said report. A copy of said
report is attached hereto, made a part
| of this answer and marked Exhibit A.
| That in addition to said report the
said Commissioner of Labor as Super
| intendent of Inspection, had notified
| the said plaintiff OF said condition
both through his own communication
and that of his deputy inspector, J. E.
| Collins. A copy of said report is
hereto attached. marked Exhibit B
and made a part of this answer.
/ That in addition to said notices and
reports, as aforesaid the City Elec-
| trical Inspector, in the presence and
4 with the knowledge of the plaintiff,
| inspected and examined said building
and condemned the same as unsafe
and dangerous, which inspection was
we'll known to said plaintiff, as afore-
said, and reported to the manage of
said plaintiff after said inspection;
| that said report is marked Exhibit c,
attached hereto and made a part of
| this answer.
That at the time of said publica-
ton none of the requirements of the
| state and city had been complied with
and said building was in an extreme
! ly perilous condition so far as the
| safety of its patrons was concerned, of
which fact the people, and said pa
| irons, were in total Ignorance: that
prior to said publications said defen-
dant, through reporters, had in good
faith made a careful investigation of
said conditions to ascertain their ex-
tent and nature, and the truth of
| them. and had given them careful
consideration, and found that all of
the matters and things in said pub
LEGATION were true, and defendant says
the same were properly matters for
investigation. comment and publica-
/ ton, and said articles were therefore
privileged and defendant was justified
in publishing them.
WHEREFORE said defendant hav-
/ ing fully set forth the facts and cir
cumstances under which said articles
! were published prays that the same
| be adjudged a full and complete JUS
tification, and that he have Judgment
for his costs herein
E. D. MckEEVER,
J Attorney for Defendant.