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called humanitarian doctrine as understood. But, independent of this, in my opinion, I in this state, sprang into existence as nat- do not believe under all of the evidence preurally as day follows night, and thereby served in this record the plaintiff, under the converted a wise statute, for the protection modern rule of evidence, made out a case for of all, into inextricable chaos, and turning the jury. That is, the evidence taken as a the citizens of the country loose upon the whole is not sufficient to justify any court or various railroads thereof, without a light or jury in holding the defendant liable for the compass, believing as they did and do under injuries complained of in this case. Under the ruling of that and similar cases that the old scintilla rule of evidence, a case may they have equal rights upon a railroad with have been made for the jury, but this and the engines and cars of the company, which most of the courts of last resort of the variof course is erroneous, and causes a con- ous states of the United States have abantinuous conflict and war between them and doned that rule, and adopted the rule of the the railroads. *In my opinion, that ruling, Supreme Court of the United States, which either directly or indirectly, has caused more I believe is the wiser and more just of the bloodshed and waste of treasure than has two, namely, that a case should not be subany one war on the face of the earth frommitted to the jury, or a verdict or a judgthat date to this.
ment be permitted to stand, without from a In the case of Murphy v. Railroad, 228 Mo. review of the entire record the court can 56, beginning at local page 88, 128 S. W. say that the evidence introduced satisfies a 481, with the meager information I could disinterested, unbiased, and reasonable man glean from observation, the press, the State that the plaintiff should recover, or that and Federal Labor Bureaus, and state and where reasonable men, under the same or interstate railway and commerce reports, similar facts or circumstances might differ, pointed out in a limited way the appalling as to the facts involved. This rule smacks loss of life and limb, and the loss and de- of justice, and excludes the idea that any struction done to property, that naturally witness, however dishonest or disreputable he flowed from that unwise, yet intended hu- may be, or however mistaken or ignorant he man ruling. I believe I may speak with au- may have been of the facts, can, by his bare thority when I say that in my opinion both statement, deprive a person of his life, liberthe bench and bar now see the error of that ty, or property, and compel those who come ruling, and deeply regret the doctrine which into court asking justice to produce substanso spontaneously mounted therefrom, as the tial evidence tending to show to reasonable phænix arose from its own ashes, with such men that his demand is just and reasonyouth and vigor, never dreamed of when the able, and not founded simply upon the rule doctrine was first announced. That case viv- of scintilla of evidence, true or false, just or idly illustrates the old saying, “Hard cases unjust, which has too frequently under the make bad laws," and that said truth has nev- guise of the law robbed men and women of er before been so forcibly impressed upon the their lives, lil or property. This is one minds of thinking men within the annals of of the rules of progression I most heartily our jurisprudence. The effect of that ruling concur in, to say nothing of others. had the direct and opposite effect to what all Returning to the case in hand: After a at the time thought it would have, and I con- careful reading of this record, I dare say fess that at the time I entered the same that there is not one man in a hundred who views of the statute that were announced by after dispassionately reading this record this court in that case; however, since in would for a moment give any credence whatvestigating the matter, I have completely ever to the unnatural, unreasonable, and inchanged my views thereof, not of the merits credible story told by the plaintiff in this of the particular case, but of the rule an-case if weighed under the rule previously nounced. And I realize the rule as there an- mentioned. Common observation, experinounced in that case cannot, and probably ence, and knowledge of such matters point in should not, be changed except by legislation; no uncertain terms to the correctness of debut this court, being perfectly familiar with fendant's theory of this case, and to the falthe evils that have and are constantly flow- lacy of that of plaintiff; and, according to the ing from that rule, should set its face like a hornbooks we have the legal right to resort fint against its further extension, or to cor- to common sense, common observation, comrupt any other helpful statutes by injecting mon experience, and common knowledge in into its meaning the virus of that unwise weighing the testimony of any and all witruling. Believing, as I do, that the elevator nesses introduced. Primarily, of course, that statute under consideration says what it duty rests with the jury, but if, as previously means, and means what it says, namely that stated from an examination of the entire recno child under the age of 16 years shall be ord, the evidence under the rule just stated permitted to operate or to assist in the op- is insufficient to convince one or more reaeration of any elevator, etc., I am unwilling sonable men of the justness of the claim preto lend my assistance to the infusion of the sented, then this nor any other court should poisonous doctrine announced in the Morgan hesitate to declare the law to be that plainCase, supra, into the arterial system of this tiff is not entitled to a recovery.
the evidence, does not measure up to the acts complained of would sustain an action rule stated, and for that reason, I am firmly against any one of the defendants, and the alof the opinion that the plaintiff is not en- authorize the maintenance of the action, when
legation that they conspired together does not titled to a recovery upon the merits of the plaintiff could not maintain it against one de
So believing, I concur in the result of fendant, if sued alone; the reason being that a the majority opinion affirming the judgment conspiracy itself furnishes no cause of action, of the circuit court.
because, from the mere conspiracy, no possible damages can accrue.
[Ed. Note.--For other cases, see Conspiracy,
Cent. Dig. 88 1-5; Dec. Dig. § 1.*] DARROW v. BRIGGS et al. (No. 16741.) 6. PLEADING (8 64*)-PETITION--DUPLICITY. (Supreme Court of Missouri, Division No. 2. The petition in a civil action agaiņst sevJuly 14, 1914.)
eral for conspiracy, involving breach of contract
and slander and libel as a means of accom1. COLLEGES AND UNIVERSITIES ($ 8*)-CON- plishing the injury, alleging libels published and TRACT WITH PROFESSOR-DISCHARGE.
slanders uttered at different times and to differDefendant college, a denominational insti- ent audiences and to different readers through tution, whose charter provided that no religious different media and under different circumtest should ever be fixed for its trustees, in stances, all mixed and blended in one count, structors, or students, and which engaged plain was bad. tiff as a member of its faculty for one year, [Ed. Note.-For other cases, see Pleading, with the understanding and agreement that be Cent. Dig. 88 134-137; Dec. Dig. $ 64.*] would be retained, at the discretion of its board of trustees, for any period beyond the first year
7. CONSPIRACY (18*)-PLEADING-FORM AND without any renewal of the contract, and whose
REQUISITES-STATEMENT OF ACTION. trustees, by the articles and by-laws, had power,
Such petition also violated Rev. St. 1909, after the first year, to remove any instructor, 8 1794, requiring a plain and concise statement when in its judgment the interest of the college of the facts constituting a cause of action, as, should require it, was justified in removing even if such defect was not one for which, under plaintiff from his position on the faculty after the strict letter of section 1800, a demurrer he had donated a book, called “Key to The would lie, the pleader, by the use of doubtful or osophy," to the local public library, and was sub- uncertain allegations, was not allowed to throw jected to attack from the pulpit of another de- upon his adversary, the hazard of correctly infendant on the ground that he was unsound in his terpreting its meaning. religious views and unfit to be an instructor in (Ed. Note.-For other cases, see Conspiracy, the college, and to attacks of the same tenor Cent. Dig. 8$ 18–24; Dec. Dig. § 18.*] through the local press, to which he replied, involving himself in a public controversy.
Appeal from Circuit Court, Greene Coun. [Ed. Note.-For other cases, see Colleges and ty; James T. Neville, Judge. Universities, Cent. Dig. 88 20–22; Dec. Dig. Action by Fritz S. Darrow against C. H. § 8.*]
Briggs and others. Judgment for defend2. CONSPIRACY ($ 1*)-CIVIL LIABILITY-NA-ants, and plaintiff appeals. Affirmed.
TURE AND ELEMENTS-INJURY TO PERSON OR
Appeal from a judgment of the circuit Where the act of the individual defendants, court of Greene county, sustaining a demur. as trustees of defendant college, in removing rer to the following petition (caption omitplaintiff from his position as a member of its faculty was justified by the term of plaintiff's
ted), to wit: employment and by the charter of the college,
“Plaintiff states: That the defendant Drury no civil action could be maintained against them College is a body politic and educational infor conspiracy.
stitution and was organized July 2, 1873, under (Ed. Note:--For other cases, see Conspiracy, article 3 of chapter 37 of Wagner's Statutes of Cent. Dig. 88 1-5; Dec. Dig. $ 1.*]
. That, under such original articles
of incorporation and the by-laws governing the 3. CONSPIRACY (8 18*) CIVIL LIABILITY body, said Drury College was denominational
PLEADING-CONSISTENCY WITHI THEORY OF in this: That the said articles and by-laws ACTION.
amongst other things provided that a majority In a civil action for a conspiracy, involving of the board of trustees thereof provided for by breach of contract and slander and libel as a such articles and by-laws must profess the faith means of accomplishing the injury, allegations and creed of the Christian organization known that one of the defendants did not participate as the Congregational Church. That on the 8th in any such libels or slanders, but that another day of May, 1905, the organization known as defendant communicated the alleged slanders to the Carnegie Foundation was organized and him, were inconsistent with plaintiff's theory created under the laws of the state of New of an actionable conspiracy.
York. That, by the charter of such organiza[Ed. Note. For other cases, see Conspiracy, tion and its by-laws, it is provided that any and Cent. Dig. $$ 18-24; Dec. Dig. & 18.*]
all institutions of learning that do not provide 4. CONSPIRACY (8 18*) - CIVIL LIABILITY
for a prescribed religious test for its trustees, ELEMENTS-INJURY.
or for its faculty, or for its instructors, or for its In a civil action on the case for a con
students, are and become eligible to become the spiracy, the gist of the action is the damage beneficiaries of the fund provided for by said which plaintiff has sustained by the acts of de Carnegie Foundation, and when the said institufendants; the conspiracy or combination is tivns are, by and after proper application, placed nothing, so far as sustaining the action goes, and upon the accepted list of said Carnegie Foundathe allegations thereof need not be proven.
tion, the professors thereof, as prescribed by [Ed. Note.-For other cases, see Conspiracy, said Carnegie Foundation, become eligible for
the charter, by-laws, rules, and regulations of Cent. Dig. SS 18-24; Dec. Dig. 8 18.*]
retirement and become eligible to receive the 5. CONSPIRACY (8 1*) CIVIL LIABILITY benefits prescribed by said Carnegie Foundation.
GROUNDS OF ACTION RIGHT OF ACTION That the object of said Carnegie Foundation AGAINST EACH DEFENDANT.
in providing such donations for the benefit of A civil action against several for conspiracy such educational institutions and for the teachcan only be sustained against them where the ers and professors thereof is to elevate the *For other cases see same topic and section NUMBER in Dec. Dig. & Am. Dig. Key-No. Series & Rep'r Indexes
standard of such institutions and to elevate the teach universal brotherhood, to demonstrate that standard of the teachers and professors thereof such brotherhood is a fact in nature, and by by insuring to said teachers and professors an its teachings to make such brotherhood a living income in the event of disability arising from power in the life of humanity, and the subsidiyears of service and to insure and encourage in- ary purposes of which are the study of ancient dependence of thought. That prior to October and modern religious science, philosophy, and 1, 1909, to wit, on the
1908, art and to investigate the laws of nature and the said Drury College, for the purpose of se- the divine powers in man. curing the benefits conferred by the said Car- “Plaintiff states that, at all times hereinafter negie Foundation, amended its said charter and mentioned, he was and is now a Mason, and by-laws by striking from the said charter and that at all times herein mentioned he followed by-laws the provision heretofore set forth touch- the profession of teaching as a livelihood. ing the organization of its trustees.
"Plaintiff states that, at all times hereinafter *Plaintiff states: That, by the charter and mentioned, the defendant J. H. George was and by-laws of said college which were in force at now is the president of the defendant Drury all times hereinafter mentioned, it was further College. provided that 'no religious or political test as a "Plaintiff states that, at all times hereinafter condition precedent to the enjoyment of all the mentioned, the defendant C. H. Briggs was and advantages afforded by Drury College for study now is a minister of the Gospel, professing the and instruction shall ever be established or al. Methodist faith, and at the times hereinafter lowed by the board of trustees.' That, pursuant mentioned was paster of the St. Paul Methodist to said change in said articles, said Drury Col- Episcopal Church in the city of Springfield, Mo. lege became eligible, and by application in due *Plaintiff states that on or about the form prior to September, 1907, was placed up- day of December, 1909, in the exercise of his on the accepted list of said Carnegie Founda- rights he caused to be tendered to the Carnegie tion, and by reason of the premises its teachers Library a work, entitled the Key to Theosoand professors were free from any political or phy'; said work having been written to exreligious test.
pound, interpret, and elucidate the teachings of "Plaintiff states that by profession he is an said Theosophical Society and Brotherhood. educator and qualified himself for such profes- "Plaintiff states that the defendants C. H. sion and has devoted himself entirely to such Briggs and J. H. George and the said Drury profession since July, 1906, and was a teacher College, through and by its board of trustees, at all times herein mentioned.
on the said day of December, 1909, knew "Plaintiff states that on or about the that the plaintiff was a member of the said day of September, 1907, the said Drury College Theosophical Society and Brotherhood, and for named him as one of its faculty and retained such reason determined to defame and injure him as a professor in Greek in said institu- plaintiff as a man and to destroy his influence tion.
as a teacher and to oust him from his position "Plaintiff states that, by the terms of said as a teacher in said Drury College and to drop employment, he was engaged as a member of him from the faculty of said college and to presaid Ďrury College faculty for a period of one vent his retention and employment as a member year, with the distinct promise and condition of said faculty. that, if after said probationary period of one "Plaintiff states that the defendants knew year there was no difficulty, the said employ of the tender of said book 'Key to Theosophy ment became permanent.
to said library, and with such knowledge, and "Plaintiff states that the true meaning and for the purposes aforesaid, and for the purpose intent of said engagement is that if the educa- of depriving plaintiff of his said constitutional tional work of plaintiff was satisfactory, and rights and driving him from the said city of no personal objections could be urged, said em. Springfield, Mo., conspired and confederated to ployment would be permanent. But plaintiff do the things hereinafter set forth and comsays it was not contemplated that the question plained of; that is to say: They combined of the religious convictions and beliefs of plain and confederated to interfere with his constitutiff should be considered a difficulty,' within tional rights and to prevent him from enjoying the meaning of said employment, and that the the same, to represent him as a man morally failure to retain plaintiff, as hereinafter set out unfit to be a teacher, to excite ill will and prejuand for the reasons hereinafter stated after he dice against him, and thus affect his standing as had passed said probationary period, a man and his position and standing as a teachbreaches of said contract of employment, as er, to hold him up to ridicule and contempt, to plaintiff further states that, in the notice of his secure his dismissal from Drury College, and to engagement, it was distinctly stated that he prevent his retention as a member of its faculty, would become a permanent member of said facul- and to prosecute and drive him from said city ty if his first year's service as an educator of Springfield, and to injure him financially by were satisfactory.
urging his retirement from said faculty and by "Plaintiff states that, at said date and at all lessening and affecting his opportunity for emdates hereinafter mentioned, he was a citizen ployment elsewhere as a teacher. of the United States and of the state of Mis- "Plaintiff states that, in furtherance of said souri; that he was and is guaranteed religious design and conspiracy, the defendant C. H. freedom and the right of conscience and the Briggs induced the librarian of said public libraright to worship according to the dictates of ry, who was then and there of said church of his conscience, as provided by Constitution of which defendant Briggs was pastor, to refuse said United States, amendment No. 1, and by to accept and receive said literature so tendered, the Constitution of the state of Missouri, art. and induced said librarian to refuse to place on 2, § 5.
the same plane as other books in said library "Plaintiff states that, at the dates hereinafter said 'Key to Theosophy' and other theosophical set forth, there was in the said city of Spring books and magazines by plaintiff caused to be field a public library, known as the Carnegie tendered. Library, and the same was and is maintained by "Plaintiff states that this was the first step general taxes levied upon the citizens of the said of the defendant Briggs to humble and injure city of Springfield, Mo., and is also partially plaintiff, and that said Briggs caused the said maintained, so far as literature is concerned, by librarian to discriminate against said literature, contributions of books and magazines by citi- and especially said book "Key to Theosophy, zens generally.
on the alleged ground that said book was antag“Plaintiff states that on January 18, 1898, he onistic to the teachings of the so-called Chriswas, and at all times since has been, a member tianity of said Briggs and on the ground that it of the Universal Brotherhood and Theosophical was not a proper book for the public mind.
ings of said book 'Rey to Theosophy' tend to, moral attainments and was 'scatter-brained,' the uplifting of humanity and to the inculca- and not fitted either mentally or morally to distion of morality, and contains nothing that ren charge the duties of his profession as a teacher, ders it unfit for reading and study.
and especially as a teacher and member of the "Plaintiff states that he directed the atten- faculty of Drury College. tion of the board of trustees of said library "Plaintiff states that in furtherance of said to said attempted discrimination and the said design, and as evidence thereof, the defendant board of directors resolved that said book George on the 15th day of March, 1910, thankwas a fit and proper work to be accepted and ed the defendant Briggs for the accusation received and exposed for the use of the patrons made and lodged against plaintiff. of said library.
"Plaintiff states that in furtherance of said "Plaintiff states that thereupon, and in fur- design to injure and punish him on account of therance of said design to deprive him of bis his said religious convictions, and with the insaid constitutional rights and to injure plaintiff tention of discrediting him and forcing him to in his character as a man and his standing as lose his said position as teacher, the said dean educator, the said Briggs, on the 12th day fendant Briggs on March 21, 1910, at a meeting of March, 1910, falsely and maliciously repre- of said Ministerial Alliance, it being a voluntary sented and stated to the defendant J. H. George, association of ministers of the Gospel in who was then the president of said Drury Col- Springfield and composed of all denominations, lege, that plaintiff 'is an atheist and unfit to be spoke of plaintiff in the hearing and presence an instructor in said Drury College,' then and of divers persons, members of said alliance, thereby charging, implying, and intending, to false and defamatory language of the substance charge and imply that plaintiff, as a so-called following, to wit, 'He,' meaning plaintiff, 'is an atheist, was morally unfit to be an instructor. atheist and unfit to be an instructor,' and at And said Briggs at said time demanded the re- said meeting declared that 'I (Briggs) have de. tirement of plaintiff from said Drury College, manded of Dr. George, president of Drury Col. and threatened a boycott against said college lege, action at the meeting of the board of trusby a body known as the Ministerial Alliance of tees of said college for the retirement of Prof. Springfield, Mo., thereby intending to threaten, Darrow,' thereby implying that plaintiff was unand thereby threatening, that, if plaintiff were retained by said Drury College, the influence of and intending to convey said meaning, and
fit to be retained in the faculty of said college, said Ministerial Alliance would be exerted to plaintiff states that the said statement was so injure said college financially by keeping stu- understood by the auditors at said meeting. dents from entering said college and thereby in- In furtherance of said design against plaintiff tending to bring about the removal of plaintiff and as showing malice on the part of said confrom the faculty of said college under threat spirators, plaintiff states there was present at of said boycott. "Plaintiff states that said action was directed and the said Schuder attempted to declare and
said last-mentioned meeting one H. A. Schuder, against him solely on account of his (plain-explain to the said Ministerial Alliance and tiff's) membership in said theosophical society those present that plaintiff was not an ‘atheist, and not on account of any lack of requirements demanded of him as a member of said Drury interrupted the said Schuder and said declara
as declared by said Briggs, but the said Briggs al or mental delinquencies or deficiencies of tion and refused to let the said Schuder proceed plaintiff.
with his statement. "Plaintiff states that it is not true that he statement was pursuant to and in execution of
"Plaintiff states that said action and said (plaintiff) is an 'atheist,' as said defendant Briggs well knew, and plaintiff says it is not the agreement and understanding of said detrue that he was unfit to be an instructor in and designed to influence said Ministerial Al
fendants Briggs and George and was intended said college, as defendant Briggs well knew.
"Plaintiff states that, after such attack, the liance and induce said association to take acsaid Briggs and the defendant J. H. George tion as an association in a concerted demand on conspired and confederated to humiliate
plain- said Drury College for the retirement of the tiff, injure him as an educator and as a man, plaintiff and to afford said defendant George a and to force him to resign and retire from said pretended justification to bring the matter befaculty, and, failing in which, they conspired to fore the board of trustees of Drury College secure a resolution of the board of trustees and afford a pretended justification of the acof said college to refuse to retain plaintiff as
tion of such board in retiring plaintiff from the one of its faculty.
faculty of said college. "Plaintiff states that, in furtherance of said
“Plaintiff states that, while said Ministerial design and conspiracy, the defendant Briggs Alliance as a body refused to lend itself to the on Sunday, March 13,' 1910, in and from the designs of the defendants, yet, as a result of pulpit of the said St. Paul Methodist Episcopal the conspiracy of the defendants and said stateChurch in the city of Springfield, Mo., in the ments of defendant Briggs before said alliance, presence and hearing of a large congregation
the following appeared in the Springfield Reof men and women, falsely and maliciously publican, a newspaper published in Springfield, said, and in a defamatory manner spoke of Mo.,, on April 10, 1910, on the authority of the and concerning plaintiff, certain false and de- president of the alliance, to wit: That, while famatory words of the substance following, to
the individual members of the alliance might wit: “The library has become the active agent have made such a request (viz., a request on and assistant of the evil one, his Satanic Maj- Dr. George and the trustees of 'Drury College esty, because it has accepted a donation of a
at the instigation of defendants to remove work from a scatter-brained professor who is plaintiff), the organization had not officially a theosophist-meaning thereby and intending taken the matter up. In furtherance of said to convey the meaning, and being so_under- conspiracy between said George and Briggs, stood by his auditors, that the Carnegie Library and especially in furtherance of the design to aforesaid, through the action of its board of dismiss plaintiff from his position as professor directors, had reported favorably upon the ques- aforesaid, on account of his religious conviction of the character of the book 'Key to Theos- tions, but at the same time intending to conophy,' donated by plaintiff as aforesaid, and ceal the real reasons for such action and inits acceptance by said board, and that by rea-tending to find a pretext for such action, plainson thereof the plaintiff was furthering and tiff states the following: That he was on April advancing evil, and meaning thereby, and in- 6, 1910, a member of the college discipline tending to convey the meaning thereby, and committee of said Drury College, and a meeting thereby conveying the meaning, and the mean of said committee, for the consideration of coling being so understood by his auditors, that lege matters of discipline, was called for said plaintiff was deficient and lacking in mental and April 6th, and that said George, acting in con
cert with said Briggs for the purpose herein peated assaults, he (plaintiff) published an article stated, notified all members of said committee in one of the papers of said city of Springfield, of said meeting, except this plaintiff, who at in which plaintiff quoted language used by said that time was at the chapel of the college in Briggs of the substance following: 'Rev. Mr. the discharge of his duties, as said George well | Briggs refers to me a "scatter-brained" knew; and plaintiff states that at said meeting professor of Drury College, and says when a so called the said George publicly complained man has his head turned by theosophy he should of the nonattendance of plaintiff at said meet- not use his position as a teacher of Christian ing.
thought to form classes in theosophy for the pur"Plaintiff states that further, in pursuance pose of proselyting students to his fad.' Plainof said design to injure plaintiff and to punish tiff states that in answer to said communication, him on account of his said religious convictions and with the knowledge and approval of the deand with the knowledge and approval of defend- fendant George, and in furtherance of said deant George, the defendant Briggs on the 17th sign to oppress and injure plaintiff, the said deday of April 1910, in the city of Springfield, fendant Briggs under his own signature, and on Mo., and from the pulpit of the said St. Paul April 19, 1910, caused to be published in the Methodist Episcopal Church, South, and in the Springfield Leader, a newspaper published in presence and hearing of divers persons, men the city of Springfield, Mo., and having a large and women, spoke of plaintiff false, defamatory, circulation in said city and throughout Southand injurious language of the substance follow-west Missouri, an article containing the foling: When a teacher eating the bread of a lowing language: 'The expression he (meaning Christian institution teaches doctrine non-Chris- plaintiff) professed to quote from me, "a scattertian and antagonistic to a personal God, when brained professor of Drury College," was not a man makes use of his position to spread his used by me in the sermon preached March 12, fad by attempting to proselyte and force his be- 1910. I have never in any public utterance used lief upon students, he is either weak here (the the name "Drury College" in connection with said Briggs at the word “here” striking his head) this case. Further he charges that he said, or wrong where" (the said Briggs at the word “When a man had his head turned by theoso"here” tapping his breast), weak-minded, or mor phy he should not use his position as a teacher ally dishonest. I say this man has either an ill- of Christian thought to form classes in theosophy balanced intellect or else is evilly disposed. for the purpose of proselyting students to his Such a man should be removed from his posi- fad." He must be quoting from some one else, tion. To him should be applied the words, for I cannot recognize the quotation. He is 'Fool, when will'st thou learn ? The defendant about the last man in Springfield that I would Briggs thereby intending to convey the meaning speak of as leader of Christian thought.' and charging, and thereby conveying the mean “Plaintiff states that defendant Briggs in ing, and said meaning being so understood by furtherance of said design, and by said article the auditors, that plaintiff was improperly mak- and language, reiterated that plaintiff was uning use of his position as such teacher in Drury i fit mentally and morally to occupy the position College and attempting to proselyte and at of teacher, and thereby charging by the negative tempting to force his belief upon students of said pregnant denial that plaintiff is 'scatter-braincollege, all of which was untrue in fact, as the ed, and thereby admitting that he had used and defendants Briggs and George well knew, and reiterating said language without the use of the intending to charge and to convey the meaning, words Drury College, and thereby and by the and the said auditors then understood the mean. use of said language reflecting upon the standing, to be that plaintiff was either weak-minded ing of plaintiff in Springfield, Mo. or morally dishonest, and therefore an improper "Plaintiff further states that in furtherance person to occupy the position of instructor of of said design, and intending to hold plaintiff Drury College.
up to contempt as an unfit associate of Masons, "And plaintiff says this was a part of the gen- and thereby intending to cause the removal of eral plan of said Briggs and George to stir up plaintiff as such teacher, and intending to insuch a sentiment as would apparently justify jure and oppress him on account of his religious plaintiff's removal as such instructor and with convictions in said article of April 19, 1910, the design to discredit plaintiff as a teacher used the following false and injurious language: and as a man, and thereby injure his good name 'I am sorry to learn he (meaning plaintiff) is a and deprive him of his means of livelihood. Mason, for Missouri Masonry bas passed upon
"Plaintiff states that, in furtherance of said an issue which bis case would bring up. And conspiracy, the said Briggs and George caused in said article, and for like purpose, defendant said last-described so-called sermon and remarks used the following language: Masonry has no to be published on April 18, 1910, in the place for a man who does not believe in a perSpringfield Leader, a newspaper published in sonal God'—thereby not only improperly referSpringfield, Mo.
ring to Masonry, but implying and so charging "Plaintiff states that on April 18, 1910, in the plaintiff an unfit person to be a member of furtherance of said design, said Briggs repeated said organization. to the said Ministerial Alliance the said lan "Plaintiff further says that in furtherance of guage so used in said so-called sermon, he, said design, and intending to injure plaintiff (Briggs) and said George intending and con- in said profession, defendant Briggs in said triving to induce said alliance to take part in article published the following language: 'I the persecution of said plaintiff and to induce have nothing to do with the affairs of Drury said alliance to make demands on defendant College. Its curators must pass upon the fitness George and on said Drury College for the re- of men for places in its faculty, but, as a Chrismoval or retirement of said plaintiff, and thus tian minister, I am unable to see how any manly afford an apparent justification for such action man can eat the bread of a Christian colby said college, which course it had then de- lege while seeking to undermine the foundation termined upon pursuing.
of Christian faith and substituting a fad worn"Plaintiff states that again, on April 24, 1910, out in India for the well-tried verities of Chrissaid Briggs, in furtherance of said common de- tian belief'—thereby in furtherance of said de: sign at the said church of which he was pastor, sign, charging plaintiff with being unmanly and preached another so-called sermon on the pas- with using his position as instructor in Drury sage, 'Why do men not like to retain God in College in an underhand and unmanly way, and their thoughts?' 'If any man, even an angel thereby charging plaintiff with violation of his from heaven, preach a different Gospel than duty to Drury College as said instructor. All this, let him be accursed'-and made such pre- of which is false in fact, and all of which was tended sermon a pretense for a covert assault charged with the consent and approval of the deupon this plaintiff.
fendant George and with the intent of furnish