My dear Miss Addams,
In response to your telegram, Mr. Thomas consulted me in connection with a possible slander or libel suit against Joseph Cashman and the National Security League on the basis of a statement made by Mr. Cashman, published in the "Times" to the effect that the Women's International League for Peace and Freedom "is controlled entirely from Russia."
I have been investigating precedent to find out if this constitutes a slander or a libel, and, while the question of law is close, in my judgement, it does. In Wichter v. Jones, 17 N.Y.Sup. 491, affirmed 137 N.Y. 599, it was held a slander to call one a Mormon; the court saying:
"It suffices for the argument that in the popular conception, Mormonism is inseparably associated with the doctrine and practice of polygamy."
Likewise, it was held actionable in Von Gerihten v. Seitz, 94 A.D. 130, to call one an anarchist.
In Moore v. Bennett, 42 N.Y. 472, the court stated the rule to be:
"It is the duty of the court in an action for libel to understand the publication in the same manner that others would naturally do. The construction *** is to be derived as well from the expression used as from the whole scope and apparent object of the writer."
To the same effect:
Klaw v. New York Press, 137 A.D. 686
Rossiter v. New York Press, 141 A.D. 389
Hills v. Press Company, 202 N.Y.Supp. 678
There is little doubt that in the popular conception, [page 2] Russia stands for principles subversive to our principles of Government and for destruction of the social order. A statement that an organization is controlled from Russia is substantially to charge such organization with improper purposes.
We are, however, confronted with another difficulty. Cashman denies that he made the statement, although, as yet, I have no letter from him to that effect. The National Security League claim that Cashman was not acting on its behalf. (See copies of letters enclosed.) I have arranged to see the newspaper reporter who took notes of Cashman's speech and after I see him, I shall advise you further. I should not wish to bring a case unless I was pretty certain of my ground. If it were dismissed for any reason, the public effect would be bad.
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