Kuryer Pub. Co. v. Messmer

• Decision Date: 14 March 1916
• Citation: 156 N.W. 948,162 Wis. 565
• Parties: KURYER PUB. CO. v. MESSMER ET AL.
• Court: Wisconsin Supreme Court

162 Wis. 565

156 N.W. 948

KURYER PUB. CO.

v.MESSMER ET AL.

Supreme Court of Wisconsin.

March 14, 1916.

Appeal from Circuit Court, Milwaukee County; Lawrence W. Halsey, Judge.

Action by the Kuryer Publishing Company against Sebastian G. Messmer and others. From an order denying an adverse examination of defendant named under St. 1913, § 4096, plaintiff appeals. Order affirmed.

Vinje, J., dissenting.

This is an appeal from an order of the circuit court for Milwaukee county denying an adverse examination of the defendant Messmer under section 4096, Stats. Wis. The action was brought to recover damages on account of the publication of a certain pastoral letter issued, circulated, and published by the defendants, as bishops of the Roman Catholic Church in the dioceses of Milwaukee, Green Bay, Marquette, Superior, and La Crosse. The complaint sets out at great length the publication and circulation of this letter by the defendants, and alleges that the defendants entered into a conspiracy for the purpose of injuring the plaintiff in its business as publisher of a newspaper, and that the said pastoral letter was maliciously published and circulated for such purpose. A perpetual injunction was also prayed for restraining any other acts in furtherance of the alleged conspiracy, and commanding the defendant bishops to withdraw and rescind the pastoral letter.

The complaint alleges that the defendants caused said letter to be sent to the clergy of the Catholic Church broadcast, and ordered the same read from the pulpit wherever Polish Catholics worshiped, and that it be strictly enforced. It also appears from the complaint that the plaintiff is the publisher of a certain daily paper known as the Kuryer Polski, published in the Polish language, which has a large circulation among Polish Catholics. The following is the portion of the pastoral letter specially complained of:

“Obedient to this apostolic command we hereby solemnly condemn the said Kuryer Polski, published in the city of Milwaukee, and the Dziennik Narodowy, published in Chicago, as publications greatly injurious to Catholic faith and discipline and falling under the rules and prohibitions of the Roman Index. Therefore, should any Catholics still dare in face of this solemn warning to read or keep or subscribe to or write for the said Kuryer Polski and Dziennik Narodowy, as long as these papers continue their present course and attitude in ecclesiastical affairs, a matter to be decided by ourselves, let them know that they commit a grievous sin before God and the Church. Should any such Catholic dare to go to confession and communion without confessing or telling to the priest that they still read or keep or subscribe to the papers mentioned, let them understand...