The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-07-16
RIGHT OF STATE.
Is No Greater Than That Of Individ.
nal. Says Court.


PaoH. Ind. July 16.zJudge Thomas
B. Buskirk, in the Orange county
court, today, sustained the third sec
ton of the demurrer of the French
Lick Springs and West Baden Hotel
companies against the petition in quo
warranto Of the state for temporary
receiver and temporary injunction
against gambling at the resorts.
In this third section the hotel conf
panies set up that the allegations of
the state in Its complaint do not state
facts sufficient to constitute a cause of
action against them. He overruled the
two sections of the demurrer in which
they assert that the prosecuting at
torney was not the proper relator for
the state in such proceedings and the
state has not the legal capacity to sue.
Attorney General Miller served
notice of appeal TO the supreme court.
Should the supreme court reverse his
decision the states information will be
sent back to Judge Buskirk's court for
trial. Should the supreme court af-
firm the decision the case viii be
thrown out of court. In his decision
Judge Buskirk said:
injunction is asked for in this case
but only as an incident to the main
action which is for forfeiture of the
corporate franchise An injunction
may be granted TO. restrain acts or
proceedings until the further order OF
the court. but to entitIe the party to re-
lief state or individual-for the state
has no greater right as a litigant than
the humblest individual complaint
or affidavit asking for such injunction
must allege that such acts complained
of will produce great injury TO the
plaintiff, or that they are in violation
of the plaintiffs rights. There are no
such averments in the Information
filed in this case. To the lay mind the
recital of the great, serious reprehensl-
bic charges alleged in the information
and which it is also alleged have
brought the state into reproach and
disgrace, may portend great INJURY 10
the state and violate its rights, but that
will not excuse the absence of those
warrants In the information without
which the state is not entitled to the
/ extraordinary remedy asked for In
| their absence We can not read these
| into the information nor can we sup
ply them by inference. Again. in
| functions viii only lie to prevent sud
den or anticipated acts-and not when
/ the act has been consummated.
1.-The conditions that would warrant
| Injunction must exist at this time,
when through the medium OF the pup
/ lie press from the published inter
views with counsel for both plaintiff
and defendant and, If 7 may be par
doned from the trial of this case by
| counsel in the columns of the daily
/ press. we all know=the whole coun-
! tFX k0OWS-llld1 A44C Se11illS9 u ~AN-S
houses described in the Information
were raided by the officers of the law
prior to the filing of this information
their gambling apparatus seized. and
that it Is now in the custody OF the
auditor awaiting orders for its de-
struction and that the. casinos or club
/ houses. are not omen.
again. while this court can not take
judicial notice of its records IN other
cases, we, and the whole country
know that from the same source has
been stated that at this term of court
suits by these defendants, against
/ the lessees of the casinos. for cancel
| lation of lease or possession OF tne
15renaisfs. we're tried and resulted In
such cancellation. and recovery of PCS
session. True. these suits have beer
| dnominated as jokes, but be that as Il
| may. they have crystallized into 1udg-
ments recorded in this court. with al
the force and effect Of other judg-
| nents''