Randall v. Evening News Ass'n

Decision Date24 January 1890
Citation79 Mich. 266,44 N.W. 783
PartiesRANDALL v. EVENING NEWS ASS'N et al.
CourtMichigan Supreme Court

Error to circuit court, Wayne county; C.J. REILLY, Judge.

Action for libel by James A. Randall against the Evening News Association and Michael J. Dee. Plaintiff brings error to a judgment sustaining a demurrer to his declaration.

J. J. Speed, (H. C. Wisner and E. F. Conley, of counsel,) for appellant.

Dickinson, Thurber & Stevenson, for appellees.

MORSE, J.

The plaintiff commenced a suit in a plea of trespass on the case for libel against the defendants in the Wayne circuit court. His declaration averred that he was and is a good, true honest, just and faithful citizen of this state, and as such had always behaved and conducted himself; that at the time of the printing and publication of the articles of which he complains he was a member of the legislature of the state of Michigan, from the city of Detroit, being such member from the 2d day of January, 1889, up to the present time; that as such member he hath at all times conducted himself as a good honest, and faithful official, and hath executed and performed his duties as such representative in an honest and conscientious manner, and for the best interests of the state, and of the constituency represented by him, and that he has never been guilty, or, until the time of the publication of these articles by the defendants, been suspected to have been guilty, of the offenses and misconduct hereinafter mentioned to have been charged and imputed to him; that the said plaintiff, as a member of the said house of representatives, at the session thereof, which began on the first Wednesday of January, 1889, did introduce a bill in said house, entitled "A bill to empower the common council of the city of Detroit to borrow money for the purpose of improving the boulevard," and which said bill was duly passed by said house, and on the 7th day of May 1889, passed by the senate; and said bill is the same bill referred to in the publication by the said defendants as hereinafter mentioned, and that the said defendants, contriving, and wickedly and maliciously intending, to injure the said plaintiff in his good name, fame, and credit, and to bring him into public scandal, disrepute, ridicule, and disgrace with and among his neighbors, and other good and worthy citizens of this state, and to cause it to be believed by them that he, the said plaintiff, had been guilty of the several acts of misconduct and offense hereinafter mentioned to have been imputed to him, heretofore, to-wit, on the 8th day of May, 1889, at Detroit, in said county of Wayne, falsely, wickedly, and maliciously did compose, print, and publish, and cause and procure to be published, in a certain newspaper, known and styled "The Evening News," and of which numerous copies, to-wit, of the number of 40,000, are circulated in said city, county, and state, the words following, to-wit, and the picture hereinafter delineated, to-wit:

"A GREAT VICTORY-WHAT NEXT? Rep. Randall is receiving congratulations on every hand over his success in inducing the Michigan legislature to pass a bill designed to enrich a few speculators at the general expense of the city of Detroit. The next move of the speculators will be to corrupt the caucuses of both parties, and bribe and bulldoze a sufficient number of the common council and board of estimates to vote to issue the bonds. This is somewhat of a job, but it will be cheaper than allowing the people to vote on the bonding question direct. If the $500,000 wanted now was all that would be required, the question might arise whether it was worth fighting; but $500,000 is only the entering wedge of a demand that will not stop short of $2,500,000, even if it does then. And all to enrich a few men who have grabbed a street and are determined that other people's money shall make them wealthy. However, the News can stand it a great deal better than the majority of citizens, who must foot the bills. We therefore join the others who are congratulating Mr. Randall on his victory over the solid opposition of his fellow-citizens. There probably never was so signal a victory against such great odds in the history of Michigan legislation. Here was a measure proposed avowedly in the personal interests of its introducer and his partners. He made no secret of it. He told his fellow-members very plainly from the start that he did not go to Lansing to waste his time in the public service. He went there for this bill, and this bill alone; and he represented himself and his copartners in the deal, who, like himself, had pecuniary interests in the measure. The bill was denounced by the may or, denounced by the common council, denounced by the board of estimates, denounced by 5,000 petitioners; and Mr. Randall candidly acknowledged before the senate committee that if it were submitted to the popular vote of Detroit it would be overwhelmed by an adverse majority. Furthermore, the majority of Detroit's representatives at Lansing opposed it, and still further, the bill was one which concerned Detroit alone, and which in no way affected the state outside of Detroit. Here was a situation which might well appall the strongest heart. But it had no terror for the boulevarder's gall. When the legislature was carefully sized up, it was found to be the smallest, cheapest, rottenest body that ever assembled in Lansing. The premonitory symptoms of a desire to steal something manifested themselves from the beginning. Scarcely a day passed that some measure was not introduced containing promises of boodle, or that the legislature did not resolve upon some expedition or junket, for which the members voted themselves extra pay or allowance. Nothing was too small for them to despise, nothing too large for them to grasp at. Twenty-five per cent. of the whole gang openly announced themselves by words or acts to be paid attorneys of outside interests, and most of the remainder of them waited around for these attorneys to share their fees. All who have been to Lansing this winter, and including even the lobbyists, confess that the present legislature is the rottenest and cheapest that ever gathered at the capitol. One thing has conspicuously appeared from a very early date in the session. The legislature of Michigan has learned the trick, long practiced in the legislature of New York, of looking upon the metropolis of the state as a victim fatted for the sacrifice. In both states the state legislature is overwhelmingly Republican, while the metropolis is overwhelmingly Democratic. At Albany the metropolis is robbed and pillaged by special legislation. Detroit has always been treated with just as little conscience by the Republican legislature at Lansing, but never until the present winter did it dawn upon the rural legislative mind that she would afford fat pickings for the rural legislative pocket. Mr. Randall materially assisted in impressing the rural legislator with this lesson, by assuring him that the city was governed by Democratic rascals and populated chiefly by Democratic thieves, knaves, rumsellers, and rum drinkers, mean while keeping open house, and dealing out free rum himself to the thirsty granger law-maker. In all these considerations the rustic not only found argument for appropriating Detroit's money to his own use, through the medium of those who expect to recover it, and a hundred times more, from the taxpayers, but also found a salve for his hypocrisy, for he dearly loves to find a moral reason for his thefts. With such a body everything was possible, particularly when $500,000 was at stake. But what shall the people of Detroit say to the Republican party, which, through the legislature it controls, becomes responsible for this infamous treatment of the great city? And what shall the common people of the whole state say, who are in sympathy with the robbed toilers of the city? They and their fellows have been robbed and pillaged by the authority of the Republican party, in the name of the Republican party; their petitions and protests have been spat upon, and their spokesmen branded in the open senate as anarchists and incendiaries,-all because Detroit gives a Democratic majority. Detroit is, in short, officially informed by the Republican legislature that so long as she votes the Democratic ticket she will not be allowed to govern herself; she will be ignored in every measure, concerning her dearest interests; her representatives will be snubbed, and only those who go out to Lansing to rob her will be respected or listened to; a junto of state appointed, and irresponsible police commissioners will be sustained and supported in oppressing and abusing her law-abiding citizens, while they allow thieves and murderers to escape; and every rascal who makes his way to
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