Territory of Hawaii v. Ota

DISSENTING OPINION OF

PETERS, J.

The same situation developed here as in the case of Ter. v. Crowley, 34 Haw. 774.

As a comment upon the acts of a public officer seeking re-election, the publication was qualifiedly privileged. Where a publication is qualifiedly privileged good motives and justifiable ends are presumed, providing the statements of fact contained therein are true. If the statements of fact contained in the publication are true the defense permitted by R. L. H. 1935, § 6055, is complete. This is so because the facts showing malice under R. L. H. 1935, § 6054, are not present.

The…