Watertown weekly leader. [volume] (Watertown, Jefferson County, Wis.) 1906-1908, 1906-07-20
TAGGART VICTOR
IN GAMBLING CASE.
Indiana Court Denies Injunction Against
French Lick and West Baden
Hotels.

PAOLI, Ind, July 16.-Judge Thomas
b. Buskirk i'll the Orange county court
today sustained the third section of the
demurrer of the French Lick Springs
and West Baden Hotel companies
against the petition in quo warranto of
the state for a temporary receiver and
temporary injunction against gambling
at the resorts.
No Case Made by State.
In this third section the hotel compa-
mes set up that the allegations of the
state III its complaint do not state facts
sufhclent to constitute against them. He
overruled The two sections of the de-
murrer III which they assert that the
prosecuting attorney was not the prop
er relator for the state in such proceed
lngs and the state has not the legal ca
pacity 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 Busl1irk's court for trial. Should
the supreme court affirm the decision the
case VIII be thrown out OF court.
Says State Was Not Thorough.
The court held that under the law be-
fore 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 unauthGr-
lied business, if such q condition had
been found, and failure or refusal upon
the part of the hotel companies to stop
such Unauthorized business. This the
court held was not done.
Judge Buskirk's decision says in part:
An injunction may be granted to restrain
acts or proceedings until the further order
OF the court, but to entitle the party, state
or individual to relief, a complaint or atfi-
davit asking for such injunction, must al
lege that such acts complained of will pro-
duce great injury to the plaintiff, or that
they are in violation of the plaintiff s
the information filed in this cause Injunc
tons will only lie to prevent sudden or
anticipated acts-apd not when the act has
been conSummated
The conditions that would warrant injunc-
1ion must exist at this tina when, through
the medium of the public press, from, if
| may be pardoned, the trial of this cause
by counsel i'll the columns of the daily
press, we all know-the whole country
knows-that the casinos or clubhouses were
ralded prior to the filing of this informa-
uon-thelr gambling apparatus seized, and
that II is now ill the custody of the audi
tor, awaiting orders for its destruction and
that the casinos or clubhouses are not open
Other Suits Are Not Jokes
Again, while this court cannot take iu-
dicial notice of its records in other cases
we and the whole county know that from
the same source 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 i'll a can
collation. and recovery of possession. True,
these suits have been denominated as jokes
but be that as may, they have crystal
lied into judgments recorded in this court,
with all the force anG effects of other
judgments.