The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1919-04-23
.wHILE THE CARS AWAY"

cess of a newspaper in defending le-
gaI'action of this kind.
| After all, except in cases where
newspaper may adopt personal and
malicious grudge against a man, there
is no malice in the fearlessness with
which publication may handle a sit
pers are always to be considered the
channel of open and aboveboard pub
ncity. If the public is to be informed
of all matters of general interest
/ thru the columns of it's favorite daily,
then by all means and by all fairness
| it is up to the newspaper to play no
/ favorites. 1t is just one of the ordi-
nary, everyday duties of this paper to
print everything and anything of
nature that is of concern to the reader.
| 1t is rather an old story now-thfs
temperance of accounts concerning
/ the State Journals vindication from
Liability in the two suits brought
against it.. But Mr.. MacLennan. edi-
tor and owner of thesState Journal,
| is out of the city-both on business
| and in recuperation after several
weeks of defense in court, costly in
I money and vigor. The staff he left
behind-the force that really was re-
sponsible in a way for the appear
ance of the articles that brought
about so much trouble to the big
boss''-this staff. we repeat, takes 1t
upon itself to reprint a few of the ar
ticles that have appeared in other
publications over the country con-
Icerning Mr.. MacLennan's legal vic
tories
The press in all parts of the ma
ton has been especially kind in its
comments The two suits against the
State Journal were of concern to the
freedom of speech of all newspapers.
So while Mr.. MacLennan is out of
town we reproduce below a few of the
kind words printed in reference to his
cases. We would like to sneak into
the private files of the big boss and
use some of the scores of kilograms
and letters he has received but this
would be revealing toe many conf
dences.
As it is, we take advantage of the
"chiefs'' absence and give the fol-
lowing newspaper clippings:
Under the caption, DUTY to the
Public" here is what the Editor and
Publisher of New York City says:
"a jury at Topeka, Kan, has rendered
a verdict In favor of the State Journal in
a damage suit brought against that news
paper because of its publication of official
reports showing that q local theater was
That the publication of this information
caused financial loss to the plaintiff seems
not to have been denied: but the factor of
public service involved outweighed private
interests in the view of the jury. The jury
found that there had been malice in
the publication and decided that it had
been the plain duty of the editor. Frank p.
MacLennan, to publish the facts
The issue involved-that' of the right
of newspaper to protect the public even
has often been threshed out in libel suits.
And as a rule juries have decided that the
larger interests must prevail as they have
decided in this Kansas case. 1t costs a
good deal to defend a stubbornly fought
libel suit. But the end achieved almost
ne T9nePe sor instance ' nebadg
will hereafter doubt Sne courage and the
keen sense of public duty of the editor
ways stood with his neighbors, Frank p.
MacLennan stands still higher as a result
of this libel suit
The Pittsburgh (Pa.) Dispatch, un-
der the heading. Press Freedom in
. Kansas" says:
: after five weeks attendance at the
Shawnee county (kan) courthouse defend
ing two libel suits. aggregating $4,000 in
damages sought, Editor Frank p. MacLen-
nan Of the Topeka State journal is receiv-
zens<on winning both cases. The first suit
for $4,000 damages was for the public
spirited publication Of the inspectors re-
ports showing the dangerous condition of a
local opera house. The second arose out
Of the publication of article in the in
terest of the fourth liberty loan.
In each instance Mr.. MacLenuan was
actuated by sense of duty to. city and
nation. and his vindication by his fellow
townsmen on the Shawnee county jury,
inspired by their appreciation of his fear
! less course and the necessity Of UNFOLDING
locations for the public welfare is creditahIe
/ to the editor. the State Journal and the
jurors OF Shawnee county"
The Duluth (Minn.) Herald calls it
"A Merry Life in Topeka" and COM
ments:
Topeka, Kansas, doesn't look on the ma
like an exciting place; but Editor Frank p
' MacLennan Of the Topeka State Journal
, seems to be able to arrange to have things
l the community from growing stale, flat and
l Improbable. Tho at that, with the help
Of community that stands by him. he
seems to have the faculty of making il
highly Improbable, If not stale and flat
for his enemies; especially for those who
bring big libel suits against him.
weeks, during which he has won two libel
b suits, are typical in the life of Editor Mac
Lehman or not, but they are interesting
anyway.
: Some time ago. for Instance, he remark.
? ed one day in his newspaper that a local
amusement house, owned by a large syndi-
cate. was dangerous to public safety be-
4 cause the electric wiring was bad.
Il. Whereupon |he amusement syndicate
promptly sued for $4,000 damages fol-
libel; and in due course of time a jury said
: "NayI nayE' Mr. MacLennan won that
suit because he had told the truth.
Next, when the fourth liberty loan drive
was on and the State journal was doing the
pest 1t knew how to make 1t a success. II
local barber. who might be doing some.
thing. wasn't coming across. No name wa.
mentioned, but the barber knew who was
r meant all right If others didn't and he
promptly sued for $4,000 damages for libel
claiming that his health and business had
] been ruined by this reflection on his
patriotism. He did not contend, by ths
way, that he had bought liberty bonds
1 which of course would have made n nerfeti