The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1895-10-05

May Enter q Motion TO dissolve Il
Then the Burden of Truth Rests Cd the
Plaintin-Decision Based on Common
Sense and Law-pecision Gives Great
Satisfaction.
Judge Reed handed down an import
ant decision last evening in the district
court.
The court held that where defend
ant files a verified denial Of the infor-
nation in an injunction case that ne
may enter motion TO desoIve and that
thereafter the burden OF proof rests on
the plaintiff.
The case under consideration was the
Schnitzler injunction in which the as
sistant attorney general had secured
temporary order restraining the sale Of
liquor in what is known as the Schnitz-
Ter building on the west side OF North
Market street
The case was exhaUstively argued ten
days ago and Judge Reed has had the
matter under advisemeut since that
time and his manner very plainly indi-
Gated that he thought ne was right
There was a large crowd present
when the opinion was rendered and the
closest attention was paid 10 every
word. Among the prominent attorneys
present was Judge Aiken OF FL Dorado.
Judge Aiken expressed no opinion in
regard to the decision but all the Wich-
ita attorneys who had anything to say
or the subject gave il their hearty ap-
prevail.
The importance OF the decision will
be understood when Z is remembered
that after a series OF defeats in liquor
prosecutions the assistant attorney
general adopted the plan OF securing
temporary injunctiOas against the
buildings in which ne had reason 10
believe that liquor was being sold
Under that plan in few weeks he
could secure temporary inJunctionS on
all the buildings % the city where liquor
has been sold in the last two years and
figuratively speaking he could hang up
the cases and have all the liquor men
under his thumb. He could tell the
liquor men ''You come to my terms or
will haul you up before Judge Reed
and have you fined for contempt.
Under Judge Reeds rulings he will
have to prove all these places TO be
nuisances or or motion Of the defend
ants the injun ctions will be Dissolved.
There will have TO be a regular trial
in each case and the defendants viii
have to be convicted the same as for
selling liquor, with this exception, that
the case will be tried before the court
and preponderance of testimoney
would sustain the injunction While in
LIQUOR prosecutions the defendant must
be proven guilty beyond a reasonable
doubt.
The assistant attorney general saw
that he would hereafter have to sail
his prohibition craft on a more bois-
ferrous sea and hence his howl He got
up on his two feet and began to ask
questions in a loud voice. Judge Reed
sat upright with his snow white shirt
front and standing collar and new
broadcIoth suit and for long time
answered questions with a dignity that
would have graced the bench OF the
federal supreme court
A straw does not weigh very much
but il is said enough Of them can be
laid on a cancels back to breakit. One or
two dozen questions did not disturb the
EQUILIBRIUM OF the district judge but
when they came too thick and fast
Judge Reed pointedly Informed Tiger
Bill that this was not law scnool but
a court.
The assistant attorney general want
ed to kick but Judge Reed had so forti-
fed his decision by argument and law
that was unanswerable that Mr.. Camp
bell could do nothing but ask questions
in regard TO its scope and effect IN fu-
ture trials. And then he wanted
Judge Reed to go over it al again and
let the court stenographer take il
DOWN
As the boys on the streets would say
Judge Reed is not in the habit OF chaw-
ing over his own words" and he re-
fused to do it. He said he had tried and
he believed succeeded il making i
plain and if the assistant attorney gen
eral could not understand it that was
! his misfortune
Kos Harris and Otto Eckstein only
made the matter worse by informing
! the court that the decision was per
| fectly plain 20 them. They are Schnitz-
! ler's attorneys and that aggravated the
assistant attorney general rather than
/ enlightened his mind.
Some of the attorneys reckoned that
Tiger Bill wanted the decision written
so that he could take II home and study
I IL and then submit il 70 Commission ne!
| Lieurauce to see # i was right. Mr.
! Lieurance. however, is a high court
recognized by the assistant attorney
/ general and which Judge Reed does
! not consult
Judge cred said that The injunction
| in this case was against Caroline
/ Schnitzler. Henry Schnitzler. F'ritz
| ScfnitZler, Henry Billman and James
| Burns.
The case came Up under a motion
| ty the defense 70 dissolve the injunc-
- Ii
| ton upon which the Injunction was
granted recites that the defendant:
/ keep and maintain place where
/ liquors ara sold or given away in a GER
( tain building lot 3 on Market street
| The petition also rscites thsr
I Caroline Schnitzler IS the OWL
I 81 and that Fritz SchaitZ.
/ Ter as her agent permits Henry Schnitz.
I Ter. Henry Billman and James Burns
{ TO occupy the lower floor for s2ch bus
/ mess. That business had been carried
/ on on The second ao0r in re mama oi
! the Citizens Club % Wichita, Kan
sas.
! The petition Of James Burns SET,
I'd that he has TO business connection
: with the other Defendants having Qui'
( their services before the commence
meat o. this case.
( Henry Biuman denies al The ale
cations set up IN the petition OF tn
[ assistant attorney general. except ha
( Caroline SchnILz-sr 5 re owner q n.
T building While HEINZ Schritzler claim:
that another person and 1o- thes-
F defendants had a lease o. the building
T a. the time this case was commenced
The answer CT Caroline Sch215ziel
{ denies al ths allegations set oUt =
I said rel5 ton except thac she Is tht
owner cf the property and c1ae FCti
/ Schnitzler IS her assent