Longsworth

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…

The letter complained of does not show malice on its face. The evidence showed, without substantial contradiction, that it was written and published without malice by certain of the employees in the tax collector's office to the tax collector himself. All of these persons *Page 497 were interested in the matter of the appointment of the plaintiff to an official position in that office. It was therefore published upon a privileged occasion and was a privileged publication within the meaning of subdivision 3 of section 47 of the Civil Code, and the nonsuit was properly granted on that ground. The letter does not charge that the plaintiff was in fact a "slacker," but only that he had a "well-known reputation" as such. The evidence shows that he had that reputation among the employees in the office. The question whether or not his conduct justified that reputation is not decisive of the question whether or not such repute existed. The statements in the opinion of the district court as to his conduct are not in all respects supported by the record. The plaintiff denied that he had ever said to any person that he was a conscientious objector and was personally and religiously opposed to…