Bower v. Daily Gazette Co., 10929

• Decision Date: 25 November 1958
• Docket Number: No. 10929,10929
• Citation: 104 S.E.2d 317,143 W.Va. 719
• Parties: J. Paul BOWER v. The DAILY GAZETTE COMPANY.
• Court: West Virginia Supreme Court

Page 317

104 S.E.2d 317

143 W.Va. 719

J. Paul BOWER v. The DAILY GAZETTE COMPANY.

No. 10929.

Supreme Court of Appeals of West Virginia.

Submitted May 6, 1958.

Decided July 3, 1958.

Rehearing Denied Nov. 25, 1958.

Syllabus by the Court.

Principles of law adjudicated in the syllabus of England v. Daily Gazette Company, W.Va. , applied.

Charles G. Peters, Jr., Robert G. Kelly, Charles G. Peters, Sr., Charleston, Frederick T. Kingdon, Mullens, for plaintiff in error.

D. Grove Moler, Mullens, for defendant in error.

GIVEN, Judge.

In this action of libel, instituted by J. Paul Bower, in the Circuit Court of Wyoming County, against the Daily Gazette Company, a verdict in favor of plaintiff for $8,000 was returned, and judgment was entered thereon against defendant. The publication containing the words alleged to be libelous is the same editorial on which the libel action of England v. The Daily Gazette Company was founded. The opinion of this Court in that case is reported in 104 S.E.2d 306. The facts in the two cases are substantially to the same effect, and need not be detailed here. Principles of law adjudicated in that case are applicable to the facts in the instant case.

The declaration alleges that defendant, 'contriving and maliciously intending to injure him in his said good name, fame, credit and morals and to bring him into public scandal, infamy and disgrace * * * and to injure him in his business and his office * * * falsely, wickedly and maliciously did compose, publish, and print of and concerning him * * * that is to say: 'It's easy to see that they've (referring to plaintiff as one of several members of the West Virginia Legislature who served in said 1955 session) sold their votes--sold out their constituents--for a price', meaning thereby to allege that plaintiff, who is specifically named in the same newspaper on said date together with other members of the West Virginia Legislature, did unlawfully, dishonestly and fraudulently barter, trade and sell to some one or more persons for valuable consideration and personal gain and profit, his right and privilege of voting honestly and to the best of his judgment and ability for the best interests or the wishes of his fellow citizens of Wyoming County and of West Virginia, and was bribed or induced by offers of personal gain and monetary profit by some person or persons to deliberately, wilfully, dishonestly, fraudulently and in bad conscience, and in total disregard of his said duty to his fellow citizens of Wyoming County and the State of West Virginia, vote on matters in the Legislature contrary to their best interests and contrary to his honest convictions, knowledge and judgment concerning said best interests and the wishes of said fellow citizens--in effect, an allegation that plaintiff was guilty of the disgraceful and unlawful act of accepting a bribe * * *'. The declaration sets out the following portion of the editorial: 'Using State Insurance To Buy Off Legislators Not In Public Interest * * * It's easy to see that they've sold their votes--sold out their constituents--for a price. They're more dedicated to their own creature comforts than to the comforts and welfare of the folks back home. So that you'll know these legislators better, we'll name them. They, and the amounts of fire insurance premiums awarded them, follow: Sen. Jack A. Nuckols, Beckley, $14,500.42; Sen. Don. K. Marchand, Morgantown, $6,092.25; Del. Joe Lilly, Oak Hill, $4,307.50; Del. J. Paul England, Pineville, $2,513.92, and Del. Paul Bower, Pineville, $892.50.' The names of the five legislators are printed in the editorial in bold type.

The defendant entered its plea of not guilty and filed its special plea and amended special plea alleging, in effect, justification of the matters published and that the same constituted fair and reasonable comment as to matters of public affairs.

Plaintiff, since about 1946, has operated the Bower Insurance Agency, in Mullens Wyoming County, being the sole owner thereof. He was first elected as a member of the House of Delegates of the West Virginia Legislature in 1952, and served through the 1953 and 1955 Sessions. He was allotted certain state insurance in 1951. He was subsequently allotted other state insurance and in January, 1955, the total amount of premiums on state insurance held by him was $1,806.36. At the time of the publication of the editorial complained of, such total was $1,596.09. At the time of the allotting of state insurance, on which the news story of August 4, 1955 was based, concerning the allotting of state insurance, he was granted no new insurance business, but renewals of policies previously held by him were granted, total premiums of which amounted to ...