808 THE POPULAR SCIENCE MONTHLY. 



defamatory, the law protects the one making it. Servants bear such 

 a peculiar relation to society that it is deemed necessary, for the com- 

 mon protection and well-being of its members, that honest and proper 

 communications in regard to servants should be freely made, and that 

 those called upon to make such communications should not be ham- 

 pered by the apprehension of vexatious litigation. The good of the 

 many is not to be sacrificed to save the few from injury. We see the 

 same principle of protection in regard to communications made respect- 

 ing the solvency of traders, the skill of professional practitioners, the 

 trustworthiness of persons in confidential positions. The welfare of 

 society demands that they be made freely, faithfully, and truly, and 

 to give a servant a good character that is undeserved is a grievous 

 offense. 



On the other hand, one who designedly gives a bad character not 

 deserved, under the pretense of discharging some duty to herself or to 

 society, offends against justice and humanity, and the law throws no 

 protecting cloak around her words. On one occasion a gentleman un- 

 asked wrote a letter in regard to a servant's character to another party, 

 with the result of injury to the servant. The man was sued, and the 

 jury found that he had acted maliciously, and rendered a verdict against 

 him. The judge remarked : " I do not mean to say that, in order to 

 make libelous matter (written by a master) privileged, it is essential 

 that the party who makes the communication should be put into action 

 in consequence of a third party's putting questions to him. I am of 

 opinion he may (when he thinks that another is about to take into his 

 service one whom he knows ought not to be taken) set himself in mo- 

 tion and do some act to induce that other to seek information from 

 and put questions to him. The answers to such questions, given bona 

 fide with the intention of communicating such facts as the other party 

 ought to know, will, although they contain slanderous matter, come 

 within the scope of a privileged communication. But in such a case 

 it will be a question for the jury whether the defendant has acted bona 

 fide, intending honestly to discharge a duty, or whether he has acted 

 maliciously, intending to do an injury to the servant."* 



In another case, a person told a servant girl's mistress that the girl 

 was irregular in her conduct. The result was, she lost her place, and 

 sued her defamer. The judge remarked : "If a neighbor make in- 

 quiry of another respecting his own servants, that other may state 

 what he believes to be true ; but the. case is diffei'ent where the state- 

 ment is a voluntary act ; yet, even in this case, the jury is to consider 

 whether the words were dictated by a sense of the duty which one 

 neighbor owes to another." f 



Voluntary communications are looked upon askance. Stronger 

 evidence is necessary to show that they were made in good faith than 

 when the statements are made in response to inquiry. \ And if a lady 



* 8 B. and C, 578. j 1 Car. and Mar., 104. \ 8 B. and C, 5*78. 



