The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1899-10-11
MRS. VOEGEL|'S CASE
Against Emil Werner Argued
in Appellate Court
LEGAL POINTS INVOLVED
Old Soldier Testing the Valid
ity of State Law.
LEGAL POINTS INVOLVED

The session will continue until Friday,
about fifty cases having been assigned
for this term.
a very interesting case involving some
fine technical determinations between
the legal meaning of character and repu-
tation, was argued yesterday. It is the
old case of Rosalie Voegli against Emil
Werner of this city. In 1893, during the
palmy days of the Merchants Protective
association" Werner claimed to have
sold the plaintiff a stove which she re-
fused to pay for. and Werner had her
name placed on the so-called ''black list"
as a person unworthy of credit. She then
sued Werner for libel and in 1896 obtained
judgment against Werner in the district
court for $500 and costs, from which judg-
ment Werner appealed.
The case was ably argued by Colonel
Dyer for Werner and Otto Eckstein for
Mrs. Voegli, the contention of counsel for
Werner being that the publication was
a privileged communication, the object
of the organization being to protect its
members and regulate credit. Mr.. Eek
stein contended, however, that this was
not its primary object, but that it was
used solely for the purpose of forcing
payment of bad debts, the "black list"
being the pillory or punishment threat
ened and to be endured if they do not
pay, and the conduct of it's members,
particularly Werner, takes it out of the
category of the legitimate commercial
agencies. Its methods were condemned
in no uncertain manner, and as meriting
no kind treatment at the hands of any
court.
The principal contention in the case,
however appeared to be the elements Of
damage, the jury having split the
amount up into the six different items of
reputation, character, credit, humiliation,
mental anguish and ridicule, for all of
which they allowed a small sum. Wer-
ner's counsel claimed that character was
embraced in the allowance for damage to
reputation and that she being married
woman and not in business, there could
be no damage to credit, while Mr.. Eek
stein in a very unique argument, en-
deavored TO show that credit and char
acter were elements that make reDuta-
ton. The domain of speculative sophistry
is herein entered into and counsel insist
ed that the eminent counsel for Werner
was following in the footsteps of the
logician who could a hair divide be-
twixt the north and northwest side'
The court is also called upon to say
whether a married woman ought or
al
insisting that she could not be injured,
not being engaged in any business, coun-
sci urging that some of the married fra
ternity would not call 1t a violent pre-
sumption or soft Experimentation the
amount Of patronage of the retail stores
of wichita
As the jury allowed separate damages
for humiliation, mental anguish and ridi-
Guile, another nice question arises wheth-
er all three are not embraced in the enc
element of mental feelings or are sepa-
rate and distinct. The injuries which the
caluminator inf1icts, plaintiff says, acting
always Immediately upon the mental SEN
sibilities of the victim. This opens up an
other field of speculation and technical
computation of damages for the court to
decide, as It has been frequently held that
mere injuries to the feelings or magma
ton are not capable of measurement,
in damages, when standing alone, but
may be only when based and connected
with a substantial right-as injury to
reputation in this case-as the jury placed
an estimate upon each OF those elements
the question is how the same was meas
ured and what they really intended.
AS this is the first case of black listing
to come to the higher courts in Kansas,
the decision of the court will be watched
with interest BY the bar, and especially
the old members of the organization.
which, however, went out of existence
soon after the trial of this case.
Messrs. Dyer & Davis are attorneys for
Werner and Adams & Adams and Otto
Eckstein for Mrs VoegIi.
Another case that is of much interest
to old soldiers and involving the consti-
nationality of the law giving to old SOL
diers the preference in all appointments
to public service in the state, was called
and argued before the court. D. NJ.
Thompson is suing the city of Emporia
and others for possession of the office of
works. claiming that he should have had
the appointment from the city council
under the law referred to- He IS an old
soldier of the civil war, having served mis-
country well, while the successful candi-
date for the position had never seen army
service. Mr.. Thompson claims that he is
equally qualified while the city's answer
TO his petition states that he was not
qualified, and therefore the state law did
not apply TO him. The case was decided
against Mr. Thompson on a demurrer in
the district court of Lyon county, and
was then appealed. In the argument be-
fore the court Yesterday Judge Buckner,
representing Mr.. Thompson. made one Of
the finest pleas ever heard in the appel
late court room. Il was eloquent and
logical. full Of tender sentiment for the
men who stood on the firing line in de-
Tense of their country. and applauding
sentiments for the loyal state which had
by its liberal laws intended to reward the
old soldier The case was submitted 10
the judges on briefs filed By both defen-
dants and plaintiffs. A great deal OF in
terest viii be taken in their opinion.
other cases were disposed Of as follows:
". L. Woodruff vs. Joseph B. Dane et
al. appealed from Reno county; conrin-
ued as Per stipulation.
F. A Parsons cashier. vs.. W c Tet-
rick. appealed from Kingman county; mo-
ton 10 dismiss by defendants in error
argued by Mr. Holms FOR plaintiff and
DE..B,ul.l|.1!s
The best remedy for