Gillan v. State Journal Printing Co.

• Decision Date: 11 June 1897
• Citation: 71 N.W. 892,96 Wis. 460
• Parties: GILLAN v. STATE JOURNAL PRINTING CO.
• Court: Wisconsin Supreme Court

96 Wis. 460

71 N.W. 892

GILLAN

v.STATE JOURNAL PRINTING CO.

Supreme Court of Wisconsin.

June 11, 1897.

Appeal from circuit court, Dane county; George Clementson, Judge.

Action by S. G. Gillan against the State Journal Printing Company. From an order in favor of plaintiff, defendant appeals. Reversed.

The action is for damages for the publication of an alleged libel. The alleged libel is in the following words: “Fresh Attack Predicted. The Chicago Times-Herald says that somebody will spring a fresh attack at the state teachers' convention in Milwaukee next week. Circulars have been issued to high school teachers, asking these questions: ‘How many pupils have entered the university from your school during the past three years? How many have entered other institutions? Do you consider that the shaping of the course of study by the university interferes with the practical working of your school?’ An editor of a little educational paper in Milwaukee, named Gillan, and Normal President Harvey, who is the most politically inclined of all the educators of the state, are said to have had their heads together. It is known that Gillan has repeatedly written high school teachers asking them to launch attacks upon the university.” This was an article published in the defendant's newspaper. The complaint alleged the publication of the article, and, by way of inducement, the following facts: “That the University of Wisconsin is a state institution, and is supported by the public as the chief educational institution of the state. That it is annually attended by twelve hundred and more students. That of these a large number are preparing for and intend to become teachers. That the number of its graduates and its former students, now residents of Wisconsin, is very large, many of whom are principals, teachers, superintendents, and members of school boards. That the number of high schools in Wisconsin is two hundred and twenty-five, and that they employ as teachers a large number of graduates and former students of the state university. That there is a close, friendly, and mutually helpful relation existing between the university and these schools. That plaintiff has been for several years an institute conductor, and a prominent teacher in Wisconsin, and, in addition, is the editor and owner of the Western Teacher, a monthly educational journal, devoted to advancing the interests of education, and strengthening the system of public schools, particularly in Wisconsin; and that plaintiff is the manager and owner of a teachers' agency, organized and conducted for the purpose of securing schools for applicants desiring to teach, for which services a commission is charged, which annually amounts to a large sum of money, and constitutes one of plaintiff's principal sources of income. That plaintiff's success in his profession and in his business depends upon the confidence of students, teachers, superintendents, school boards, and the public in his recommendations, his personal integrity, his professional reputation, and his strict impartiality; and that plaintiff depends largely for patronage for his educational journal and teachers' agency upon the students and graduates of the state university. That, for some weeks prior to the date of the alleged publication, a bitter controversy was waged in the newspapers of the state relative to the management of the university, and the work and habits of its students. That an attack was made upon it, in which grave charges of misconduct on the part of the regents and the president of the university and the work of the students were made; and that these charges were of a nature calculated to injure the university, and impair the confidence of the public in its management. Thus hostile feelings were engendered on the part of the friends of the university against the authors of said attack, and against all others who encouraged the attack, and they were denounced as enemies of the university. Their motives were impugned, and their integrity questioned. That a meeting of the state teachers was called, to be held a few days after the publication of the libelous article in question, at which the question of the influence of the university upon high schools was announced as a topic for discussion, and at which more than a thousand representative teachers were present. That the defendant published the alleged libelous article of and concerning ...