The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1911-08-12
INJUNCTION CASE
WAS COMPROMISED
Entire Nous Club May Now
Use Beallview Park for
Carnival Next Week.
RuckER. BROOKLYN

Members of the Entire Nous Club
who have contracted with a carnival
company to show here next week,
were in a stew for about two hours
Friday afternoon when notice was
served on them that they had been
temporarily enjoined by Judge H. C.
Fox for holding the carnival in Beall-
view park, but development later in
clined them to regard the affair as of
exceptional advertising value.
Henry Johanning, as trustee, and
Hannah Waking, a property owner in
Beallview addition, have been having
trouble with the South Side Improve
ment Association because the associa-
ton has fenced in the park which is
directly across the street from Mrs.
Waking's property. Mr. Johanning and
Mrs. Waking purchased the property
with the understanding it was to be
dedicated for a public park and when
they learned several weeks ago that
the association would use the park for
private purposes filed injunction pro-
ceedings in the circuit court. This
case is still pending.
When the Entire Nous club contract
ed with the S. S. I. A. to rent the park
for carnival, which comes here next
week under the auspices OF the club.
Johanning informed some of the mem.
mers, according to the latter, that he
would enjoin the club from holding a
carnival in the park.
Late yesterday afternoon Johan-
ning's attorney A. G. Lindemuth filed
complaint to temporarily enjoin the
Entire Nous club and the s. S. l. A.
from renting the Beallview park for a
private enterprise or to close the
gates to the park and thus deny ad
mission to any enc unless the proper
admittance fee was paid beforehand
Judge Fox heard the case, as it is nee
essary he should in an emergency OF
this kind, and granted the temporary
restraining order and set August Is
as the date for hearing to make the
order permanent. It was represented
that it was too late to get personal
summons on the defendants in order
that they might enter a defense.
| However, the defendants attorneys
Freeman and Freeman, were informed
as soon as the order was drawn, ant
signified a willingness to try the case
on its merits this morning. Instead
attorneys for the litigants went into {
conference and it was agreed between
them that the complaint should be dis
missed, likewise the order Thi,
agreement, the club members felt wa.
boom for the carnival and they wer.
highly elated since there now is NJ
Opposition to the holding Of the affair
| In agreeing to dismiss his complaint
Johanning specified that whatevel
rents the S. S. /. A. will receive To-
the grounds shall be placed in a sep
arate fund and held until the ulitmat.
decision in regards to his injunction
complaint against the South Side I'm
Iprovement association to fence tn,
park and thus making it private rath
Ter than a public park. In case tn,
court decides for Johanning in thi
case, the associations attorney
agreed that the association woul,
lspend the money, received from tn
carnival as rent for park purposes. o
course if the decision favors the i'm
Iprovement association. it may spen
the carnival rentals for whatever
lpleases.