Martin v. Paine

• Decision Date: 27 October 1897
• Citation: 69 Minn. 482,72 N.W. 450
• Parties: MARTIN v PAINE.
• Court: Minnesota Supreme Court

69 Minn. 482

72 N.W. 450

MARTINvPAINE.

Supreme Court of Minnesota.

Oct. 27, 1897.

(Syllabus by the Court.)

1. A publication which falsely and maliciously imputes to a public officer misconduct in office is a libel. Held, that the publication sued upon in this action was libelous on its face.

2. A written and published article falsely and maliciously charging a public officer with misconduct in office is not privileged.

Appeal from district court, Carlton county; William A. Cant, Judge.

Action by Thomas H. Martin against Asa Paine. From an order overruling a demurrer to the complaint, defendant appeals. Affirmed.

Gilfillan, Willard & Willard, for appellant.

John Jenswold, Jr., for respondent.

BUCK, J.

While the plaintiff, Martin, was county auditor of Carlton county, in this state, and a duly nominated candidate for re-election thereto, the defendant, Paine, composed, wrote, and published a circular letter, and extensively circulated and distributed the same throughout the entire county of Carlton, directed to a large number of voters and residents in said county, which circular letter is in the following words and figures: “Carlton County Bank. Asa Paine, Banker. Carlton, Minn. Dear Sir: I inclose herewith a marked copy of the Vidette, making the statement that Thos. H. Martin, county auditor, has dropped between 32,000 and 35,000 acres of railroad lands from the tax rolls of this county, thereby saving the railroad Co. three years' taxes on said lands in event of the passage of the Anderson bill, to be voted on at this election, and thereby causing a loss in taxes of about $3,500.00 a year, or something like $10,500.00 for three years, which amount, we all agree, is sorely needed to help make roads and pay debts of our school districts. In extenuation of this extraordinary act, Thos. H. Martin exhibits a letter of the attorney general, dated about a year ago. However, he does not exhibit a second letter of the attorney general, dated about two weeks ago, which makes a sharp demand on Mr. Martin to produce the law and legal authority for this very partial act towards a rich corporation. The status of the matter is that Thos. H. Martin was never asked by the people nor by the attorney general to drop these lands from the tax rolls; and, more than that, it was done so secretly that no one knew anything about it until about a month ago, when the state board of equalization noticed that the amount of lands listed for taxes in 1896 was 31,297 acres less than in the year 1895, and they demanded of the state auditor an explanation of this at once. R. C. Dunn, state auditor, had no knowledge that these lands had been dropped from the tax lists, and said that he should have ordered them left on the tax rolls, as Thos. H. Martin, county auditor of Carlton county, nor the attorney general, had neither of them the least authority to order this act done, and that the railroad company had counsel, and were amply able to fight their own battles, and make the county auditor drop the lands from the tax lists if they could. Please bear in mind that this is no campaign lie, and can be verified by telegraph or letter; and it is of the greatest importance to us as taxpayers, for it is virtually removing the taxes from the rich corporations, and placing the burden upon the poorer individual. I hope you will vote for John F. Hynes. Very truly, Asa Paine.”

This action is for libel in writing, publishing, and circulating this circular letter in the manner above...