152 Wis. 177 | Wis. | 1913
Lead Opinion
We are unable to, efficiently, follow the logic of counsel for respondents in support of the decision complained of. It seems to proceed upon the theory that a plaintiff must state a cause of action with technical accuracy and unmistakable clearness in order to satisfy the test of sufficiency. Certainty to a common intent is all that is necessary, generally, even, on a motion to make more definite and certain. On a challenge for insufficiency every reasonable intendment is to be taken in favor of the pleading, all facts deemed pleaded which are set foxth expressly or are suggested
This is elementary: “Any malicious publication, by printing or writing, or by signs or pictures, which accuses a person of a crime, blackens his character, or tends to expose him to public ridicule, contempt, or hatred, is libelous;'' Cramer v. Noonan, 4 Wis. 231; Scofield v. Milwaukee Free Press Co. 126 Wis. 81, 105 N. W. 227; Wandt v. Hearst's Chicago American, 129 Wis. 419, 109 N. W. 70; or any such conduct which tends to prejudice a person in his legitimate business or imputes to him want of official integrity; Wilson v. Noonan, 23 Wis. 105; or causes him, in his official capacity, to be looked upon with distrust and bring him into disgrace; Wilson v. Noonan, 23 Wis. 105; Buckstaff v. Viall, 84 Wis. 129, 54 N. W. 111; Adamson v. Raymer, 94 Wis. 243, 68 N. W. 1000.
In connection with the definition, sec. 2677, Stats., is important. It expressly dispenses in its letter with necessity for any statement of extrinsic facts, except where necessary to show the meaning of words used. Features formerly required to show application to the plaintiff, are satisfied, commonly, by the general statement that the publication was made concerning the plaintiff. In case of the language being so ambiguous as not, of itself, to reasonably point to the plaintiff, extrinsic facts are required; not to enlarge the meaning, but to enable one to read in connection with environing
The pleading here contains the general statutory allegation. It states facts calculated to clear up any ambiguity as to whether it is applicable to the plaintiff and capable of the libelous meaning ascribed. If there be ambiguity in it, such facts are material and possibly vital. Does the complaint, as a whole, giving to the alleged libelous words the ordinary meaning which might fairly be ascribed to them under the circumstances, show that they are fairly capable of being considered as pointing to plaintiff and having the libelous meaning ascribed to them or some other libelous meaning? That is the question. Bradley v. Cramer, 59 Wis. 309, 18 N. W. 268; Robertson v. Edelstein, 104 Wis. 440, 80 N. W. 724.
To aid as to the application of the article to respondents and capability of its being libelously understood, the pleader as, in general, is indicated in the statement, in substance, set forth these facts: 1st. During twenty years preceding the action plaintiff has been superintendent of the Outagamie county asylum for the chronic insane, located in the town of Grand Chute, and manager thereof, and as such had established a good reputation and enjoyed public confidence. 2d. Annually large sums of public money were, during such time, expended under plaintiff’s immediate supervision, including sums for permanent improvements; the latter sums being customarily accounted for and reported under the head of “Permanent improvements,” and the reports printed for information of the public. 3d. Defendants knew that fact and used the term “permanent -improvements” with reference to such account, kept, reported, and published, and the word
In view of the foregoing it seems that the word “management,” in the publication, points, quite clearly, to appellant; the language of the article, “war was carried on at the expense of the county,” suggests that plaintiff made war on defendant for personal revenge; corruptly using public funds under his charge to pay the expenses; the words, “money flowed freely into the hands of men selected to use it for our defeat at the polls,” suggest that plaintiff’s war was for personal revenge and took the course of his using public funds, corruptly, by placing the same in the hands of his agents to defeat the writer in a political contest for membership of the county board, and the words, “We always believed that this money came from Appleton,” that it came from the depository of public funds, which was, by common knowledge, located in Appleton, and that the corrupt conduct was hidden from the people and, perhaps, the county board or those not in sympathy with plaintiff, by entries in his accounts fictitiously swelling the expenditures recorded under the head of “Permanent improvements.”
The publication seems, not only to be capable, in general, of being understood as suggested, but probably was by readers in Outagamie county.
The inverse method, so to speak, of construction applied by respondents’ counsel in testing the complaint, is best illustrated by their humorous analysis of this concluding language of the article: “The great Diana of Outagamie county was in danger. Now if you want to realize the full meaning of the situation, then and today, read the nineteenth chapter of Acts in the New Testament. It tells the whole story.” We do not fail to appreciate counsel’s humor, but, it is not persuasive on the subject under discussion. The quoted language, certainly, was not intended to give an innocent or compliment
“It tells tbe whole story.” Wbat is the whole story of tbe Holy Word? — Tbe picture of a false conception, a mere myth, an artificial character, falsely personified as pure and great and powerful, played upon credulous people as an actuality to sap their revenues, those who profit by tbe deception, — pecuniarily interested in its not being dispelled by tbe truth, blinded by self-interest and alarmed by a supposed impending stoppage of tbe flow of fruits of their deception into their pockets,- — under stimulus of Demetrius, a chief beneficiary,, while riotously striving to suppress tbe source of enlightenment, being admonished that if they bad a real grievance against .the Apostle, — Paul in tbe Bible story, Mr. Tubbs
Perhaps too much time has been spent on the reference to-the history of the Acts of the Apostle and the environing circumstances and conditions. Measuring- the publication. from its suggestion to look for “the whole story,” in harmony-with the general trend of its language, it is capable of being-regarded, as it may well have been by the readers, as a very severe characterization of appellant as a corrupt official and' deceiver, — a man unworthy of public confidence, having areal, as far removed from his pretended, character as to be a proper subject for contempt and ridicule.
We must look at the pleading, assuming that plaintiff intended to state a cause of action for unjustly and libelously holding him up as indicated. Erom that viewpoint, all suggested respecting the publication, it is thought, may be reasonably read out of it. As before said, the characterization of plaintiff as a modern Diana is, of itself, suggestive of false pretense rather than possession of the virtues ascribed by the-Ephesians to their idol. The author chose a very efficient way of telling “the whole story,” suggested in outline in the language preceding the scriptural reference. He lit upon a. most concise, caustic, and sarcastic method. It is capable, under the circumstances, of being understood as a very ingenious and scathing arraignment for reprehensible official misconduct, cloaked under superficial pretense of ■ purity. So, we see no good way of escaping the conclusion that the-complaint states a good cause of action, and that the mastery'
By the Court. — The order is reversed, and the cause remanded for further proceedings according to law.
Dissenting Opinion
(dissenting-). The statute relied upon by appellant, sec. 2677, Stats., has, I think, no bearing upon a complaint which sets forth the alleged libelous matter, when that matter so set forth, upon a fair construction thereof, excludes the plaintiff as the object of censure or attack. That, I think, is the case here. The plaintiff describes himself as one who now is and for more than twenty years last past has been the superintendent of the Outagamie county asylum for chronic insane, located in the town of Grand Chute in said county, and during all this time he has had the more immediate care and management of that institution under the general supervision of a board of three trustees, agreeable to the provisions of law in such cases made and provided and the direction of the county board. It is true that with this the plaintiff avers that Outagamie county, acting through its county board and the plaintiff as such superintendent, has expended money in ¡building and repairs upon the asylum farm, and that to some .considerable extent the direct supervision and charge of such jbuilding, etc., has been by the county board or by the trustees jof the asylum imposed on the plaintiff, who has hired work ,and labor and ordered materials and merchandise for such .buildings, etc., and at times has bought the same and rendered to the trustees statements therefor, all of which was generally known to and understood by the residents of 'Outagamie county. Ever since January 1, 1890, the trustees of said asylum have annually rendered to the county board a written report of the management of said asylum, and of this written report the annual report of plaintiff to the trustees as superintendent forms a considerable part. Such annual report invariably contained a statement or account of the money ex
“Seymour, Wis., Nov. 15, 1909.
“But years after, when we were trying to do good service for Outagamie county and rebuked the Crescent for its exaggeration in holding up our insane asylum as a money maker, we showed the public that the treasurer’s books did not sustain the claims, and said we should not look to such institution for money making. But my, we excited the management, and war was declared and carried on at the expense of the county, and money flowed freely into the hands of men selected to use it for our defeat -at the polls. We always believed that this money came from Appleton and was charged up to permanent improvements, as the management thought it would be a permanent improvement to eliminate us from the county board and further meddling with asylum records. One of the townsmen who chanced to be in Appleton was interrogated with what kind of a man is Peter Tubbs. He is all right, I guess, was the reply. Well, says the interrogator, he is a mighty good man for Outagamie county and -a good man for Seymour, but Appleton don’t like him. Well, really why. Simply this, the great Diana of Outagamie county was in danger. Now if you want to realize the full meaning of the situation, then and today, read the nineteenth chapter of Acts in the New Testament. It tells the whole story.
• “Peteb, Tubbs.”
When the plaintiff shows that his management was under the general supervision of a board of trustees “agreeable to the provisions of law,” he brings the case within the purview of sec. 604a, Stats., and shows that his “management” did not include the custody of county funds or the disbursement thereof. Sec. 604&, Stats. His duties were merely those legal duties of superintendent. But he hired work and