Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1909-10-22
ATTEMPT TO ENJolN STATE IN
CLIFFORD SALOON
CASE FAILS.
INJUNCTION SOUGHT BY
OWNER OF THE PROPERTY
Judge Bradshaw Declines to Issue Tenn
porary Writ Asked For Because He
Has No Intention of Interfering With
Judge Parker-Writ Would Have
Stopped State From Acting.

Seeking to clleckmate the state and
stop it from further proceedings for
contempt against the so-called owner
John Kelley, of the uptown Clifford sa-
loon, and the other employees, Judge
day afternoon to issue temporary in
junction against the state, by Binford
e Farber, representing C. H. Forney,
owner of the property. Declining to act,
because so doing he would be inter-
fering in a case which Judge Parker
has pending, Judge Bradshaw declined
to issue the Injunction sought at
hearing held in his office Thursday
night.
The injunction was issued, so For
ney's attorneys claim, because the pro-
ceedings were had against the saloon,
which includes the building, without
Forney being made a party thereto,
and without his being given a chance
to appear in court.
Afraid of Execution.
The costs in the injunction case
against the Clifford saloon, on which
the Injunction decree was issued to-
tailed $3.50, County Attorney Eyer
mayer has been threatening to get out
an execution against the saloon and
force the sale of the stock and fixtures
to satisfy the Judgment for the costs,
which the decree granted, unless the
costs We're paid. So far this Judgment
has not been satisfied. Believing, or at
least alleging. in the petition, that
Egermayer might do so is one of the
reasons asked by Forney's attorneys
for the injunction to stop the state
from proceeding further.
Don't Want Building Shut.
An additional claim for the issuance
of the injunction is set up in the al
legation that if the decree goes into
effect. as the state is claiming that it
should, that 1t would deprive Forney
of his property. 1t is also alleged, as
the attorneys for Clifford claim, that
the decree is not valid, but in case the
contempt cases are successful the
building would be made worthless for
saloon purposes. On this point the pc
tition reads:
plaintiff has reason to apprehend
that the said Judge" treferring to
Judge Parker) twill. at the instance of
the said county attorney, prevent by
contempt proceedings and punishment
meted out 10 the persons in possess
sion Of said property under plaintiffs
lease, the further conduct of a saloon
therein for the period of five years"
The injunction was asked to issue
against County Attorney J. H. Eyer
mayer, Senator George Cosson, Clerk
of Courts F. NJ. Haradon, and his
deputy, S. H. Reilly.
Petition Sprung Without Notice.
Evidently for the purpose of catching
Egernayer unaware, the petition ask
ing for the injunction was brought up
before Judge Bradshaw Thursday af-
ternoon without any notice having
been served on the county attorney
The latter happened to be in the court
room at the time. and thus became
advised OF il. He asked for time in
which TO resist the application, and the
judge granted until evening for that
purpose.
Judge Bradshaw. when the petition
was again presented in the evening,
! fatty refused to Interfere with Judge
Parker in the cases, but said ne would,
If Forney's attorneys insisted, make a
ruling adverse to them. This point was
not pressed further.
Gets Evidence For More Cases.
For the purpose of being prepared to
bring more cases for contempt against
those connected with the Clifford sa-
loon. County Attorney Egermayer in
structed Sheriff A. A. Nicholson to
make more purchases of liquor at the
Clifford saloon. This was done Thurs
/ day.
4 County Attorney Egermayer says
! that the attorneys representing the Gift
ford saloon interests have sought TO
I have him agree that no more contempt
cases shall be tried or brought until
( the Kelley case, which is to be taken
I up by Judge Parker again Saturday,
4 has been passed on by the supreme
court
| This Egermayer says he has refused
/ to do, but that he would agree to wait
/ for the supreme courts decision on the
! Kelley case, provided the saloons in
question would close pending such a
decision. This proposition was natural
| ~ refused
IT is not likely that Judge Parker
viii be asked to enjoin the state since
should he do SO, he would enjoin Off
cial acts he himself had performed II
was intimated at the hearing before
Judge Bradshaw that Judge Parker
had been sounded on the likelihood OF
his issuing such an Injunction. and that
! he had refused