Nichols

This is a libel suit in which appellant sought damages for the libelous publication by appellee of a photograph of appellant in which he is referred to as a “check artist”.

During the times herein mentioned, appellee owned and operated a store in the City of Spokane, State of Washington. Appellee was a member of the Spokane Chamber of Commerce, which has as one of its departments a Retail Credit Bureau. Among its various activities, the Retail Credit Bureau obtains from the Spokane Police Department photographs of shoplifters, forgers and such criminals which photographs it distributes to its merchant members to enable them to protect themselves against loss by theft or acceptance of worthless checks.

Appellant testified that he was “arrested in Spokane for forgery April 17, 1941, upon the charge of a Mr; Hummer who operated a service station and confectionery. * * * They were some folks who identified me as the man who cashed these checks * * * in Paul’s place, and Pearl Henderson, the grocery lady, identified me as having cashed checks. Also Elmer J. Hummer. Hummer was the fellow who swore out the warrant for me. He identified me as the man who cashed the checks in his place;…