Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-07-16
TAGGART IS SUSTAINED
Indiana Court Supported De-
murrer in Hotel Cases
AGAINST A RECEIVERSHlP
But Overruled Sections Relating to
Prosecution
DENYING RIGHTS OF STATE
Attorney General Noted Appeal to
State Supreme court-Text
of the Judges Ruling.
AGAINST A RECEIvERSHlP
DENYING RIGHTS OF STATE

| PAOII Ind July 16.-Judge Thomas b.
| Buskirk in the Orange county court today
| sustained the third section of the demurrer
| of the French Lick Springs and west
| Baden Hotel companies against the state
petition in quo warranto for temporary
receiver for the properties and for tempo
| rary Injunction against gambling at the
| resorts.
| In this third section the hotel companies
set up that the allegations of the state IN
| its complaint do not state facts suf1cleht
| to constitute a cause of action Inc court
| overruled the two section of the demurrer
in which the hotel companies assert that
the prosecuting attorney was not the proper
relator for the state in such proceedings
and that the state has not the iega! capacity
to sue.
Attorney General Miller served notice
that appeal to the state supreme court
would be taken.
In his decision Judge Buskirk says:
Injunction Is asked for in this case, but
only as an incident to the main actloh
which is for a forfeiture of the corporate
franchises An injunction may be granted
to restrain acts or proceedings until the
further order of the court. but to entltie
the party to the relief, state or individual
for the state has no greater right as
lftigant than the humblest indlVlduai-e
complaint or affidavit asking for such IN
junction must allege that such acts com
planned of wilt produce great injury TO
the plaintiff. or that they are in violation
| of the plaintiffs rights.
Absence of Information.
''To the lay mind the recital OF the great
serious reprehensible charges alIeged IN the
information, an (Which 1t is also alleged
have brought the state into reproach and
disgrac ces may portend great injury TO 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 cannot
read these into the information, nor can we
| supply them by reference. Again, injunc-
| tions will only lie to prevent sudden or an
| ticipated acts-and not when the act has
| been consummated.
"rhe conditions that would warrant In
| junction must exist at this time when.
| through the medium of the public press,
! from the published interviews with counsel
| for both plaintiff and defendant, and, If L
| may be pardoned from the trial of this
/ cause by counsel in the columns of the
| daily press. we all know-the whole coun-
| try knows-that The casinos or clubhouses
| described in the information were raided
/ by the officers of the law prior TO the filing
| of this information-their gambling appara-
! tus seized, and that is now in the custody
| of the auditor, awaiting orders for Its de-
| struction, and that the casinos or club
| houses are not open
Again while this court cannot take tu-
| dicial notice of its records In other cases,
we and the whole country know that from
| the same sources has been stated that at
| this term of court suits by these defend
ants against the lessees of the casinos for
| cancellation of lease or possession of the
premises were tried and resulted In such
| cancellation and recovery of possession.
True these suits have been denominated
| as Jokes, but be that sit may, they have
/ crystalhzed into judgments recorded in this
| court with all the force and effect of other
| Judgments
The court held that under the law before
| such extraordinary relief could be sought
! as IS asked for by the state there should
have been an examination by the auditor of
| the affairs and business of the companies.
| notice to stop doing unauthorized business
| IL such q condition should be found and
| failure or refusal upon the part of the ho-
| tel companies to stop such unauthorized
business. These things. the court held,
| were not done,