Longsworth v. Curson

This is an appeal from a judgment of nonsuit in an action for damages alleged to have resulted from the publication of a communication charged to be libelous. The communication consisted of a letter, dated May 8, 1919, from the defendants, the employees of the report department of the tax collector's office of the county of Los Angeles, to W. O. Welch, the tax collector, and is in the following terms:

"Dear Mr. Welch: —

"Appreciating the fact that you are as interested in preventing the introduction of any discordant element into the report department, or any other subdivision of the tax office, the undersigned wishes to call your attention to and at the same time enter our protest against the recent appointment of Mr. Longsworth.

"Our objection to this person becoming a member of the department in which we are engaged is primarily predicated upon the well known reputation of the young man as a 'slacker' in evading the draft and in refusing to aid the government in the purchase of a liberty bond, and in other ways indicating and expressing lack of patriotism and loyalty.

"Furthermore, Mr. Longsworth has given many demonstrations during his service in the tax office that he lacks resiliency in disposition and temperament, and exhibits a spirit of selfishness and unconcern for the welfare and condition of others that alone should deny him association with those who do express and exhibit sentiments of concern and kindness for those who come in contact with each other in the discharge of office or social duties.

"If yourself and the appointing power of associate co-workers in this and other departments of the county service are seeking harmony and the helpful conditions which can only prevail when the spirit of fairness and loyalty animate the attitude of each member of any particular department, you will recall the appointment of Mr. Longsworth as an appointee of the report office, and by this act indicate that you are as keenly interested in the harmonious atmosphere of *Page 492 our surroundings as you are in the development of our efficiency and loyalty to duty.

"Should any additional ground be required to sustain our position in this request, we hold ourselves in readiness to submit same when called for.

"For the above consideration of those who have been loyal, faithful and considerate in their services to you in the past and at the present, we can only expect a favorable action upon this request."