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About The Sunday Oregonian. (Portland, Ore.) 1881-current | View Entire Issue (May 8, 1921)
THE SUNDAY OREGOXIAX, PORTLAND, MAY 8, 1921 1.1 LIBEL !T ALWAYS OF VIOLATO Uf Judge Discourses on Priv ileged Publications. KEELEY CASE CONSIDERED Jnrist Mates Clear Technicalities of Law Governing Alleged De famatory Publicity. In Instructing the Jury on the law f libel In the recent suit of Lee Roy E. Keeley against the Jonrnal in fact wag charged and what the public which reads the article might reasonably suppose to be charged." As to mitigation of damages Judge Tucker said: "In your deliberations .and con sideration of the question of damages I desire to call your attention to what I have heretofore denominated in law as matters in mitigation of damages. Tou have a right, and It is your duty on this branch of the case, to take into consideration the evidence of the good faith of the defendant, the lack of reputation of the plaintiff, if you so find. "Tou have listened to the evidence relating to mitigating circumstances, which are those that, though not proving the truth of the charges yet tend In some appreciable degree to ward such proof and thus permit the inference that the defendant was not actuated by malice in its publica tions. These mitigating circum stances may be of such a nature as to show that the defendant, if mistaken, believed the publications to be true when they were made. "The mitigating facts must be connected with, or should be based upon, the defamatory publication. Tfce circumstances must otherwise be etich as to tend to disprove malice by showing that the words were written in the honest belief that they were true, v.lth some reason SOCIETY PUNS E BIG FESTIVAL SHOW Classification List WiH Be Similar to Last Year's. 500 ENTRIES EXPECTED Vases, Baskets and Advice Will Be Furnished by Committee in Charge of Exhibits. - The classification list for the rose show to be held June 8 and 9 in con junction with the Rose Festival will HOW CITY PLANS TO BEAUTIFY FESTIVAL CENTER FOR JUNE ROSE, FIESTA. 2 DGC 235 pitOHENXPE DC ZjDD ra dq DSC CTTV or POWTLANP ummu or xnkcai mouno sntM rXSTTVAL -cr nttr lose suxSxAfcD roUNTAIN COURT KMn ri in cjivm.w Publishing company Circuit Judge Tucker laid' down certain rules gov erning privileged publications. Ex cerpts from his instructions follow: mere are certain circumstances under which a libelous publication can be made by a newspaper or any body else, without Incurring liabil ity, and on this point I might state that the newspaper has no more right to make a libelous publica tion than anybody else. A libelous publication may be made when the facts are, as stated, when they are written or printed on what Is known In law as a privileged occasion, and when they are within the scope of this privilege and are made without malice. "To make myself clear on this proposition, I would say that if two or three of you gentlemen are en- are associated, interested financially, and a man makes an application to you for employment, and you know something -about him and you go to one of your associates and you tell him that the man is a thief, the man is a fakir, that Is what we call J privileged occasion. This Is be- cause you gentlemen are mutually Interested in that enterprise and you are privileged and the man concern ing whom you -re talking can have no grievance against you. It is called In law privileged occasion. Public Is Interested. "Likewise, when a man is a candi date for office, when he enters upon his campaign he assumes a position where he is open to criticism and comment because it is to the Interest of the people to ascertain whether that man Is a proper and fit person to function in public life. "This rule applies to the army and navy, ecclesiastical matters, churches, judicial proceedings, such as we are now conducting, legislative halls, deliberative bodies, public meet ings in other words, matters of general public concern. A newspaper has a right to com ment upon all matters that affect the public welTare and are- at the time agitating the publ'ic mind. The right is limited to comment on facts; not to defame the private character, but to comment fairly and to criticise in good faith and without malice. "Newspapers are not to be held to the exact facts nor to the most minute details of the transactions they publish. What the law requires Is that the publications shall be sub stantially true. "When the publication Is made in good faith and with a belief that it was true and the evidence ' shows it to be substantially true, the defense is complete. Essentials- Must Stand. "This defense of truth in charges must be as broad as the charge of defamation, and must p"rove the charge. It is not necessary that every word of every line or every part of the article Bhould be proved as alleged; the material parts, the essential parts, must be proved as charged. in other words," the de fendant is not required in an action for libel to Justify every word of the alleged defamatory matter. Im material variances and defects of truth upon immaterial matters go for. nothing. It Is sufficient if the substance, the gist, the sting of the charge be justified. "Proof of one discreditable act Is not a defense to another and dif ferent act. even though the one ajt may be more disgraceful than the other; nor is proof of part of a charge a defense, if it does not cover the whole charge. "It Is a defense to an action for libel that the words or language complained of are a fair comment on a matter of public Interest. But this defense will fail unless the lan guage complained of is (1) a com ment and not the assertion of some alleged fact; (2) a comment on some matter of public interest; (3) a fair and honest comment. Hauls Must Be Fart. "The burden of, proving that the words are comment and on a matter of public interest lies on the de fendant. The burden of proving the comment unfair and dishonest lies on the plaintiff. "A comment Is the expression of a Judgment passed upon certain facts by one who has applied his mind to them, and while so commenting as sumes such allegations of fact are true and the facts on which the com ments are founded, if not admitted, must be proved substantially as stated by the writer. "The basis of the publication must be a fact, not a falsehood. It is strictly limited to fair and reason able comment ana criticism. It never extends to protect false statements and aUacks on private ' character, the publisher being responsible for the truth of what is alleged to be fact If false, even if published :n good faith in the honest belief that It is true, it is not privileged. The question always is not wnai me i author intended in the article which I J ' iff 6 .. .. d HiK Fan, tpi Tlssnu - Center. crrv or r amJUn Plan of the Jefferon-to-5rnHsjon block Festival center, with drawing of one of the Festival light stand ards. Plans for the floral decoration of Festival center for the Rose Festival of June 8. 9 and 10, have been com Dieted bv the municipal bureau of parks, under the direction of Com missioner Pier and C. P. Keyser, su nerintendent. with Miss Florence Holmes acting as landscape architect, for the comprehensive transformation of the south park blocks from Sal mon-to Jefferson street. Permanent beauty is to be the key note of the project, so that succeeding festivals and the entire year may profit by the thought and labor of the present. Each block is to have its own definite motif in flowers, thou sands of choice . blooms now being grown in the city nursery under the direction of Walter H. Gerke, munic ipal arboriculturist. The three units of Festival center, comprising as many blocks, will be united by fountain courts created In the street intersections. Glided stand ards, bearing in all more than TOO lights and pastel shades to harmonize with the flower tone In each block, will be erected. The light shades, cun ningly contrived on paper, are to be the gift of F. C. Stettler of the F. C. Stettler Manufacturing company. for such belief, and without malice or evil design. "The mere Inability to establish justification by the defendant can not be entertained by you in aggra vation of the damageB, nor will it preclude the defendant from asking that the damages be diminished when it- appears that they are free from malice and that he had good reason to believe the publications were true." ' Experimental Plant Attractive. PRINEVILLE, Or., May 7. (Spe cial.) professor H. D. Scudder of the Oregon Agricultural college is here In connection with the new buildings for the state experimental farm near thle city. According to Professor Scudder, the house to be build was chosen from 2500 plans submitted, and Is of such beauty and convenience that the girls will all want to go back to the farm. Professor Scudder spoke to the commercial club at its Tuesday luncheon. CIVIL WAR VETER AX HON ORED OS 97 TH BIRTHDAY. . $ William Hoover. "Grandpa" William Hoover, a veteran of the civil war, was honored at a surprise party upon the occasion of his 97th birthday April 30 at the home of his grandson. L. A. Freeland. 1236 Garfield avenue. The prin cipal feature of the party was a flag-raising before Mr. Hoover's hut. built for him In the back yard by his son as a place where the aged man could be qtiiet and alone. While Mr. Hoover was lured away from his "headquar ters" for a short time on the evening preceding the birthday, his grandsons planted a tall flagpole before his hut and spread a large American flag on his bed. The old soldier hoisted the flag to the top of the pole the following morning at reveille to the accompani ment of Boy Scout bugles, re- -cruited in the neighborhood. not differ materially from those of previous year's, according to the an nouncement or H. J. Blaesing, presi dent of the Portland Rose society. This year's show will be held in the auditorium, and will include exhibits from both amateur and professional growers. The classification list has been ar ranged by a special committee, of which Jesse A. Currey, Pacific coast director of the American Rose so ciety, is chairman. In explaining the general conformation with previous classification lists, Mr. Curry said that after 25 .years of experience, Portland has a list which is hard to Improve upon. Chance Given Everyone. "Under the Portland classification," said Mr. Currey, "there is an oppor tunity for every one to display blooms, as it is open and most elas tic The man with only one bush will be accommodated with the same efficiency as the man with a thou sand. No one can live in the rose atmosphere of this city without knowing what is a good rose, and all that is necessary to compete- is to .pick the rose which appeals to your personal taste as a good bloom and enter it. The exhibit of the school children last year showed that even they know what Is a good rose." Mr. Currey advised everyone to study the classification list, select the classes which they think they can make a display in, pick out the roses to fit and take the blooms to the auditorium on the morning of the show. Vases and baskets filled with water will be ready, and a committee will be on hand to give advice. It is the ambition of the committee to in crease last year's 200 exhibitors to 00 if possible. List Is Announced. The classification list for this year was announced as follows; Section A SlnUe rose display to b exhibited In vae. Not more tnan ont rose ahall be exhibited from any on garden or by one exhibitor. , First and cona prizes. Section B Specimen Uooms exhtblte In regulation boxes, which will D tur nlshed by the society H desired. Class 1. six beat roses. Class 2, 32 best roses. Class 3, IS best, and class , z-t pest roses,, all separately namea vuneiic. Section O BasKets ol roses, exniDiieu In baskets to be rurnlanea Dy society u desired. Not less than 13 or more man zr, rosea In a basket, f ive classes in tins section including red, pink (other than Caroline Testout, white, yellow and mixed colors. :- Section D cnmoing ana ramoiins ross. exhibited In vases or baskets. Not less than six or more than 12 sprays per mitted, and two classes are Included rer the large and small varieties ol cllmDlng and ram'bling blooms. Section E Glngle, aecorative ana minia ture roses, exhibited in vases or baskets. Two classes. Including best display or decorative, brier or single-flowered roses, and best display of miniature, baijy or small polyantha rosea of any one named variety. , Section F Large display ol roses ex hibited m vases or baskets. One class for this section to Include vase, bowl or hRitPt of h'opms containing more than mwW kfjf ft! f;k M W ow "When You May Need an Inventory of Your Stock In a Hurry How Quickly Collect Your Coufcl You Insurance? "Yes, it's a shame, but if we can get to the safe in the morning we'll soon be able to fix up our loss with the. insurance companies." That's the way to talk if the time comes when you stand by the fire lines watching the smoke roll out of your store pr stock room. An'd when the safe is opened and the (stock ledger brought out it i3 a simple matter to make the in surance adjustment if the records show just how much merchandise is accounted for by an inventory posted up to vnthin a few days of the fire. Burroughs-kept Records Give Positive Proof With a Burroughs Bookkeeping Machine all details of sales and stock may be kept in such shape that it is easy to tell any day just how things stood at the close of business the day before. The stock record shows a complete inventory of all items of stock checked against the last physical in ventory; withdrawals from and additions tj stock are posted daily and the balance on hand is shown on each item in the stock ledger. Without the aid of a figuring machine much of this information would be unavailable because of the time and expense required to gather it by hand. It is hard to understand how any business' man can neglect to provide himself with the full insurance that a perpetual inventory makes possible when it is so easy and costs so little to get the figures with a Burroughs Machine. Burroughs Adding Machine Company Portland, Oregon, Office: Artisan Bldg., Broadway and Oak St, Telephones: Bell, Broadway 398; Home Automatic, A-4731 Adding Bookkeeping Calculating Jim Machines When Yon Call a Call Broadway 98 Portland Black and White Taxicnb Co. Tonrlnff Car 3..0 Prr Hnr 25 rosea. (The Caroline Teatout roe not to be included In this class.) Soction G For amateur who have never won a prise, to be exhibited In vases. The Caroline Testout can be used In this claaa, which specifies ttvree roses, either of one variety or mixed. Section H Rosea shown accord ins to type, exhibited in vases. Class 1, display of not less than three and not more than aeen best Hybrid Tea (other than Caro line Teat out.) or Pernetiana rosos of any one named variety. Classes two and three include d Isplays of not leas than three or more than seven best Hybrid Perpetual roses and Test Tea rosea of any one named variety. Section I Limited to the Carolina Test out roae, to be exhibited In vaaea, bowLs or baskets. This rose can be shown only in this section and in sections A, B and C Four classes in this section include the beat 3, 12, 25 and 50 blooms. Section J -For small garde na and limited to amateurs, with not more than .V) roae plants. Such amateurs, however, if they so desire can compete in all classes. Two classes; Including best three and best five rosea of any one named variety. Two prises will be given for all sections and classes Included in the above list. Read The Orearonlan classified ads CADET TMIfifi COSTLY $1143 SPEXT OX EACH MAS IX 1 YEARS AT O. A. C. Colonel Partello, Head of Military Department at College, Makes Report on Activities. V OREGON AGRICULTURAL COL LEGE. Corvallls, May 7. (Special.) It costs J1143 to give a gtudent four years' training In the reserve offi cers' training corps at the Oregon Agricultural college, according to a report Just made by Colonel J. K. Partello, head of the military depart ment of the college. The total cost of maintaining the five units in the de partment, including salaries of offi cers and enlisted personnel, forage for animals, commutation for stu- You always have a right to expect Style, Quality and Service, but this Season you have a right to expect increased power for your dollar as well. Politz clothes are moderately priced. See Our Windov?: Display . See Our Window Display Sixth and Washington dents to summer camps and inci dentals, is (26.000 a month. The en tire bill is paid by the federal gov ernment. Oregon Agricultural college mili tary department has a larger staff of regular army officers and men than any other educational institution in the United States except West Point, the report Indicated. There are 833 institutions in the country maintain ing reserve officers' training corps units. Only 213 of these are senior units and 120 are Junior. Commissions will be given to 49 graduating students at the cloaw of this college year In the officers' re serve corps of the regular army. These graduates will get commissions In all five units which are Included In the department st Oregon Agri cultural college infantry, field ar tillery, cavalry, engineers and motor transport. -1 Telephone "Mother Today Wherever She May Be 95 Think of the satisfaction that would be each mother's could she but see her boy or girl on Mothers' day. It'is not possible for every mother to see each son or daugh ter today, but it is possible for her tq hear their voices. No matter where she be, east or west, north or south, Pacific Long Distance Service will carry your voice to her, giving that satisfaction which could only be surpassed by a personal visit. Evening rates, effective after 8:30 P. M, in connection with station-to-station calls, are approximately one-half the day rates. Ask for Pacific Long Distance. Do it now. 1 The Pacific Telephone and Telegraph Company g la falsa ana aeiamatory, out wnai t.