The Butler weekly times. (Butler, Mo.) 1881-1918, 1906-07-19
INDIANA Gambling GASES
The Demurrer of the Hotel Compa-
mics to Proceeding Partially Sus-
tainsd by, Judge Buskirk.
STATE WILL APPEAL TO SUPREME COURT
should the Higher Court Sustain the De-
cision the Cases VIII BE Thrown Out
Petition of state for Injunction Not
Properly Drawn According TO the Opin-
ion Handed Down.

Properly Drawn According TO the Opin-
ion Handed Down.
Paoli, Ind, July 16.-Judge Thomas
B. Buskirk, In the Orange county
court, Monday sustained the third
section of the demurrer of the French
Lick Springs and West Baden Hotel
ompanies against the petition In
quo warranto of the state for tom
porary receiver and temporary in
junction against gambling at the re-
sorts.
In this third section the hotel COM
panies set up that the allegations OF
the state in Its complaint do not
state facts sufficient to cause OF
action against them. He bverruled
the two sections of the demurrer In
which they assert that the prosecut-
ing attorney was not the proper re-
lator for the state In such proceed
lngs 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 re-
verse his decision the states inform
alton will be sent back to Judge Bus
kinks court for trial. Should the SUI
preme court affirm the decision the
case will be thrown out OF court.
In his decision Judge Buskirk says:
Injunction is asked for On this
case but only as an incident to the
main action which is for forfeiture
of the corporate franchises. An in
junction may be granted to restrain
acts or proceedings until the further
order OF the court but to entitle the
party to relief, state or individual,
for the state has no greater right as
a litigant than the humblest indi-
vidual, a complaint or affidavit ask
ing 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.
ITO the lay mind the recital of the
great, serious, reprehensible charges
alleged in the information and which
1t is also alleged have brought the
state into reproach and disgrace, may
portend great injury to the state and
violate Its rights, but that will moi
excuse the absence of those warrants
In the information without which uA
state is not entitled to the extra
ordinary remedy asked for. In theil
absence we cannot read these into tn,
information nor can we supply then
by inference. Again, injunctions will
only lie to prevent sudden or anti.
cipated 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
public press. from the published inter
views with counsel for both plaintiff
and defendant and, II l may be par
ioned, from the trial of this cause by
counsel in the columns of the daily
press, We all konwn the whole country
knows-that the casinos or club house.
doacrlhed In The information wert
raided by the officers of the law priol
10 the filing Of this information theil
gambling apparatus seized, and that Il
Is now In the custody Of the auditor
awaiting orders for its destruction ant
that the casinos or clubhouses are mo-
open.
Again, while this court cannot TAXI
judicial notice of its records in othel
cases, we, and the whole country, know
that from the same source 1t has beer
stated that at this term of court suit
by these defendants, against TIL
lessees Of the casinos, for cancellation
Of lease or possession of the premises
we're tried and resulted in such can
collation. and recovery Of possession
True, these suits have been denounced
as jokes. but be that as it may, the.
have crystallized, into judgments re
corded in this court, with all the fore
and effect of other judgments"