The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1919-02-08

| Topeka should not fail in it's part of
| said enterprise: that said defendant.
thru his reporters, was attempting to
keep in touch with those who were
| periodically giving their time to the
| promotion of said enterprise. and that
all over the city there were many
subscribing literally. generously and
unselfishly to the extent of and many
times beyond their means while there
| were many others derelict in their
duty to their government in this re-
gard, either subscribing nothing or
sum far less than they had the ability
or that it was their duty to subscribe:
| that in connection with this movement
| this defendant gave many valuable
| columns of publicity daily wholly free
and without receivings compensation
therefor, for the sole and single object
| of making the said loan a success in
the city of Topeka and Shawnee
! county, Kansas.
That said defendant had a particu-
| lar pride in seeing that Topeka and
! Shawnee county would not fall beyond
other counties in subscribing its share
| to said loan, and Zealously gave of his
time, and columns of his newspaper
| for the purpose of accomplishing said
end; that in conn ection with the said
Liberty Loan Campaign, the reporters
! of this defendant came daily in con-
! tact with various committees who fur
| nished to said reporters information
| of the progress of said campaign, of
the way said movement was received
| by the people, and of cases of persons
| who were, or were not, doing their
share toward the promotion of the
| same; that in line with the policy of
| other newspapers III the United States,
engaged unselfishly in the promotion
| of said Liberty LQan, this defendant
sought by giving wide publicity to gem
erous givers to encourage others to
give, and by giving publicity to slack
ers to use the same publicity to COM
/ pei those who were failing to do their
! patriotic duty in that regard to bear
| their share of the burden in support
| of said loan.
That in connection Herewith the re-
porters of said defendant were daily
furnished with stories both of gener-
Gus giving and of stinginess and fail
ure to contribute by those who were,
seeking to escape their duty to pur-
chase said liberty bonds: and defen
dant further says such publication was
desired and requested of this defen-
dant by the committees with whom
said defendant was cooperating.
That said methods were deemed I'M
der the extraordinary circumstances to
| be proper all over the land and in
fact We're. in the opt2ion of this de-
PENDANT, absolutely necessary to sue
cessfully secure the full subscription
of said extraordinary loan.
That the labor of this defendant in
his donation of time and publicity in
connection with said liberty loan Wm-
various committees with whom he was
cooperating together with that of the
secretary of the treasury of the Unit
ed States, and said defendant -sTas by
said committees and said secretary of
4 the treasury encouraged in every way
land said defendant received the
thanks of said committees and said
secretary of the treasury for said serv-
ice rendered to the United States gov
eminent in that behalf.
That many times because of the
great magnitude of said campaign
and the extraordinary size of said pro-
posed 4loan the committees in charge
of said loan were discouraged and
fearful lest the same should fail and
it's full quota not be subscribed; that
had the city of Topeka and this COM
munity failed in this great duty it
would have been a matter of lasting
humiliation and shame to the people
of this community, including the de-
PENDANT, as well as a serious damage
to the morale of our troops abroad.
and particularly to the brave soldiers
from this community who We're I'M
selfishly and courageously giving their
lives and time for service overseas.
That this defendant at the time of
said publication did not know to whom
it referred, and was wholly without
malice toward anybody in the pub
LEGATION of the same; that the article
SO published furnished information of
a character to which the public, and
particularly the people in the city of
Topeka were entitled and in which
they were vitality interested, and which
it was the duty and right of this de-
PENDANT to publish, and defendant al
leges that under the circumstances
aforesaid the publication of said ar
ticle was privileged and that said de-
PENDANT was and is justified in its
publication.
For q third and further defense
and justification of said article said
defendant states that if plaintiff was
the person to whom said article refers,
as plaintiff claims. although said de-
> PENDANT did not know that said ar
ticle referred to plaintiff; the small
: amounts admitted by plaintiff as given
! by him were proper subjects to be
: commented upon by said newspaper
: in connection with the extra ordinar y
and unusual circumstances surround
: ing the great Fourth Liberty Loan
! drive in this community.
: That, whereas, said plaintiff was an
r able-bodied man earning at least
! $4,000 per week and with a small
family, and while others in his cir
cumstances and with his physical abil-
i ity were giving generously and fire.
} quently, the said plaintiff admits that
t while our soldiers were fighting and
dying in the most terrible war in the
I history of civilization, said plaintiff in
| eighteen months invested $4,000 in
ei an absolute sound investment, towit.
the bonds of the United States; gave
l to the Red Cross in said eighteen
S months about one-half weeks earn
D ings, and to the Y. M. c. A. one days
4 earnings during the eighteen months
: that this country had been at war with
4 Germany, and this, as defendant has
]. since been advised. was given reluc-
r family by said plaintiff after persua-
sion by his companions and others
and defendant further says that plain
: tiff contributed nothing to the many
: other worthy charities which were be-
: ing generously subscribed by his
r neighbors for the aid, comfort and
: care or the soldiers. and the suffering
t and starving victims of the great war