Supreme Grand Lodge of Ancient & Mystical Order Rosae Crucis v. Smith

WASTE, C. J. Plaintiff, a nonprofiit educational, scientific and fraternal organization, brought this action to restrain the defendant Smith, and others, former members of the order, from publishing malicious, libelous and slanderous statements and documents about the organization and concerning one H. Spencer Lewis, its chief officer, known as the imperator. The trial court, sitting without a jury, entered judgment for plaintiff as prayed for. Defendant Smith has appealed.

Respondent has made a motion for diminution of record. It desires that there be added to the bill of exceptions nearly one thousand letters introduced by it and marked as one exhibit (No. 19), but which were not printed in the record on appeal and, after extensive search, it alleges, cannot now be found. These letters were taken by the sheriff, under search warrant proceedings, from the premises of defendant Smith, and, respondent claims, tend to support the finding that defendants were engaged in a conspiracy to damage plaintiff in a nationwide scheme by circulating malicious statements concerning it. Respondent’s own showing by affidavits seems sufficient to establish the loss and disappearance of the exhibits. It seems useless, therefore, to order something added to the record that does not exist. We are of the view, after examination, that enough is already in the record of eight hundred pages to support the material findings. For both these reasons, the motion for diminution of the record is denied.

The lower court found that the defendants, and others, associated themselves and effected a conspiracy “for the purpose of injuring plaintiff order, to diminish its revenues, and otherwise inflict loss and annoyance, all to the end and with the intent to coerce and induce the members of plaintiff order, and others who were likely to become members, to seek membership in the various and several societies and orders conducted by some of the conspirators, or in which they were interested”. To effectuate their objects, and as part of the concerted plan, the court finds, the conspirators “uttered, published, and circularized false and defamatory and scurrilous statements concerning plaintiff order and its executive head, IT. Spencer Lewis”. The court further finds that the statements “were made and [513]published maliciously and with knowledge of [their] falsity . . . The court finds it impractical (the findings continue) to enumerate and pass upon . . . each and every statement so made and circulated by the conspirators . . . [but] finds that each and every such statement is wholly untrue. ’ ’