The Catholic bulletin. [volume] (St. Paul, Minn.) 1911-1995, 1915-03-13
(Communicated.)

the 'Kuryer Polski'' OF Milwaukee
sued Archbishop Messmer on the.
ground tltat the Archbishop's pastor
al letter. endorsed by other bishops
Of the Province and forbidding the
Polish Catholics to read the Knryer,
was a conspiracy against his business.
The Kuryer Polski further claimed
that the Archbishop was personally
and financially interested in the
"Nowfny POlskie," daily Polish
paper published in the city of MilWau-
kee, and that this was the real motive
which prompted him to issue the pas
toral letter. On these two claims the
Kuryer based it's 100000 conspiracy
suit brought against the Archbishop
and the other bishops.
Several months ago, the Archbishop
was summoned before Court Com
missioner Harper, but on the advice OF
his attorney refused to answer any
question asked him by the Kuryer
attorney, relative to his alleged per-
sonal and financial interest in the
Nowiny Polskie. and as to the motive
that induced him to issue his pastoral
letter. A motion was then made by
the attorney for the Kuryer Publish
ing Company that Judge Halsey COM
pei the Archbishop to answer their
questions. On February S, 1915,
Judge Halsey gave a decision in
which he holds that the Archbishop
need not answer any questions "as
n
to all memoranda, files, correspond
ence, or written data in his control,
custody or possession, concerning the
establishment of, management of, or
relating to any financial or personal
interest in the Nowiny Polskie, a
daily Polish paper published in. the
city of Milwaukee, and as to the con-
tents of all memoranda, files, corre-
spOndence, or written data i'm his con-
troll or possession, concerning the
establishment of, management of, or
interest in said Nowiny Polskie, and
as to any oral conversation or dis
cussions by and between the said de-
PENDANTS and others, in relation to
the establishment Of, management of,
or relating to any financial or per-
sonal interest Of the said defendant,
Sebastian G. Messmer, or any of the
other defendants in the said Nowiny
Polskie.
'And 1t Is Further Ordered, that the
said plaintiff be, and hereby is, linn
tied and restrained, from examining
the defendants, or any one of them,
as to ny4instruction given by them,
either orally or in writing to the
priests in said Archdiocese, as to the
manner in which said pastoral letter
was or should be enforced; and that
the plaintiff be, and hereby is, pro-
hibited and restrained from examil-
ing the defendants or any of them,
as to the effect upon the standing Of
any Catholic, who would read, write
for or keep said Kuryer Polski in his
home or place of business, and as to
whether or not said Catholic should
remain in good standing in the
church"
The decision concludes with the fol
lowing words: 1T Is Further Order
ed, that the said defendants be
awarded Ten Dollars cost of this
Notion
The milwaukee Sentinel of Feb
ruary 5, 1916, reports on the above
decision as follows:
ARCHBISHOP WINS LIBEL SUIT
POINT. JUDGE HALsEY RULES
PRELATE NEED NOT ANSWER
QUESTIONS AS TO MOTIVE OF
PASTORAL LETTER. DENIES
/. DISMISSAL PLEA. PETITION OF
DEFENDANTS ATTORNEY TO
HAVE $4,000 SUIT THROWN. OUT
DENIED.
Judge Halsey in the Circuit Court,
on Friday, held that, Archbishop Sc
bastian G.. Messmer is not compelled
to answer to questions as to the mo-
tive in issuing the pastoral letter pro-
hibiting the Polish people to read the
Kuryer Polski. In the same decision,
Judge Halsey denied the motion of
the Archbishop to have the $4,000
libel suit dismissed that was brought
against him by the Kuryer Publish
ing Company. The decision is prac-
tically along the lines of that given
some time ago, when the examination
of the Archbishop was limited to GER
tain questions. When the Archbishop
appeared before Court Commissioner
| Harper, on the advice of his attorney,
he refused to answer questions put
to him by the attorneys of the Kur-
yer. Publishing Company. A motion
was made to have Judge Halsey COM
pei the Archbishop to answer the
questions. The decision was to the
effect that the Archbishop need not
answer the questions pertaining to
his actions in ecclesiastical matters
'The publishing company will appeal
from the decision to the supreme
court
The Milwaukee FREE PRESS" of
February 6, 1915, writes:
ARCHBISHOP NOT FORCED TO
| ANSWER HALsEY RULES. &c
| cLESIAsTIcAL MATTERS FREE
FROM STATE PROBE OPINION
i Or JIJDGE.