Bass v. Matthews

• Decision Date: 26 June 1912
• Parties: BASS v. MATTHEWS et al.
• Court: Washington Supreme Court

124 P. 384

69 Wash. 214

BASS v. MATTHEWS et al.

Supreme Court of Washington

June 26, 1912

Department 2. Appeal from Superior Court, King County; H. A. P. Meyers Judge.

Action by W. A. Bass against Mark A. Matthews and others. From a judgment for defendants on demurrer, plaintiff appeals. Affirmed.

Irving H. Randolph and George E. Beardslee, for appellant.

Austin E. Griffiths, of Seattle, for respondents.

MOUNT J.

The plaintiff brought this action to recover damages for an alleged libel. The trial court sustained the defendants' demurrer to the amended complaint. Plaintiff refused to plead further, and the action was dismissed. Thereupon this appeal was prosecuted.

The complaint alleges that the plaintiff was one of the ministers of the presbytery of Seattle, a subdivision of the Presbyterian Church in the United States within the synod of Washington; that from July, 1908, to April 1, 1909, the plaintiff occupied the pulpit of Lake Union Presbyterian Church at Fremont, in Seattle; that on April 16 1909, the presbytery of Seattle adopted a resolution whereby five of the defendants were constituted a commission to investigate 'all matters pertaining to the condition now existing in the Lake Union or Olivet Church, and be empowered to act in the premises and report to the next meeting of the presbytery'; that on May 11, 1909, the committee made its report, which is set out at length in the complaint. This report and the fact that a notice was posted on the door of the church that the report would be read in the church on a certain day, and was so read and published and sent through the mails, is made the basis of this action. It appears from the complaint that the plaintiff in March, 1909, had been acting as stated supply for the Lake Union or Olivet Church for several months. He desired to be called as such stated supply for the ensuing year. At a meeting of the church held for that purpose, the plaintiff and certain members became dissatisfied with certain rulings, and left the meeting, and thereafter sought to establish another church. This condition called forth the appointment of the commission above referred to by the presbytery of Seattle. The first five pages of the report deal with the affairs of the Olivet Church. The report then continues concerning the plaintiff: 'The commission takes pleasure in recording that there is testimony to the fact that Mr. Bass is an able preacher and a hard worker. We take pleasure also in recording that he has exhibited talents of zeal well adapted to edify the church of Christ were they balanced by more quiet deliberateness, calm judgment and gentle, Christlike spirit. The commission is constrained to express its deep concern at the uncharitable and contentious spirit exhibited by him at the annual meeting of the church on March 31, 1909, and before the...