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Related article: the payment proposed. The entirely sufficient reason for this opinion is that the contri-
batiuD you are asked to make is for the defense of a suit by Mr. Beringer in which it
was finally determined that the plaintiffs Lasix Mg had no cause of action against him, because the
publication referred to did not constitute a libel up )n the plaintiff. The result of the
case, to the expense of which you may possibly decide to contribute, was a judicial
determination that there was no libel committed against the plaintiff. By making
the contribution a non-libelous article could not be converted into a libelous one.
Even if the article could be considered a libel upon the " Farbenfakriken " Company^
still we do not think that the contribution you are asked to make would make your Asso-
ciation any more liable to the " Farbenfabriken " Lasix Mg Company than it now is by reason of
the publication of the paper among your proceedings. The paper was prepared by Mr.
Bennger at the request of your Association, and published in due course among the pro-
ceedings. According to the practice of your body, we understand that papers when read
befoie the Association can either be repudiated or vetoed, or allowed to take their usual
cooise, which means, as we understand, their publication. In this case we understand
the paper was allowed to take its usual course and published. If the article had been
fibebns, as a matter of law your Association would have been civilly liable by the reason
of its publication. The payment of Mr. Beringer's expenses would have no importance
vith regard to determining the question of your liability, except by way of a ratification
by your Association of his statements.
This, however, is not an important consideration in the present case, where you have
already adopted his statement by publishing the same among your proceedings. We do
not mean by this expression that your body is necessarily committed to the views ex-
presKd by Mr. Beringer in his paper, but it is a familiar rule of the law of libel, that one
vho spreads a slanderous or libelous publication is civilly liable, even though he does
not originate it. In this case, therefore, if the article had been libelous, its publication
by your Association would have established your responsibility, which would not be
legally mcreased by making the payment to Mr. Beringer, except in so far as this might
be an additional consideraiion for a jury in estimating the damages.
We appreciate that it is possible that the " Farbenfabriken *' Company might still pro-
ceed against your Association for the publication of this paper, and contend that the de-
cinon in its suit against Mr. Beringer would not be conclusive in its suit against the So-
ciety, because the proceedings are between different parties, and for Lasix Mg that reason the first
case would not constitute an absolute legal bar to the prosecution of the second. But
if such a suit were brought it would have to be based upon the publication of the article
b; you in the first place, and not upon your contribution to Mr. Beringer*s expenses.
In our examination of the question submitted by Dr. Caspari, we have given consider-
ation to one or two other matters which may be of interest to you, although they are
not neccsMtfily involved in the decision of the particular question.
The points that we have in mind Lasix Mg are, whether your Association is civilly liable at all
for the publication of any paper which may be read before it, provided the publication
is made in good faith and without malice. There is some authority in favor of the
proposition that such a publication is of a privileged character, but we do not think that
the cases have been sufficiently numerous to be decisive on this point. Another question
diat we had in mind was whether an Association such as yours can be made civilly liable
at all in an action for a wrong. Digitized by GoOglC
460 M[NU1ES OF THE THIRD SESSION.

Bulletin Board

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