The Calumet news. [volume] (Calumet, Mich.) 1907-1938, 1913-08-23
NO POWER TO
GIVE INJUNCTION
Judge 0'Brien Reaches This Con-
clusion at Hearing Today
Continued from First Page.

'uInmitatus.' Under ia, Michigan sta
tutes . deputy sheriff must have re
sided Within the state for three months.
though the sheriff is given the power
To require suitable aid. The word suit
able Is the base of contention and the
compluinapts contend that the Wad-
Well Mahon corporation has not been
shown 10 be suitable. Further they
contend that the sherin has gone be-
youd his power.
At ;his juncture. Attorney Watson
arose t. answer and asked the court
To go into the legal parts and not the
facts # the case, in order To facilitate
matters. Attorney Galbraith then
created "a diversion when he wanted
Judge OBrien 10 rule that he wouldn',
consider any separate allegations OF
the bin that were not covered specific
ally in the supporting affidavts. In
conclusion, he said: "Afliant Richard
would have 10 be- omnipotent To know
an of these things" Judge O'Brien
said that the gist of the bills was plain
and the main propositions were COW
cred by urtidaVits and as the compla IN
ants were not limited IN their charges
the defendants were not limited tn am
SwerS.
The first contention of Attorney
Watson was that the injunction was
not brought by legal enuty. but was
hrouga, by the executive board Of GER
tain unions named and the said board
is described by the names constituting
it. II is signed by the executive board
Of certain unions, by Dan sullivan, et
al
judge OBricn did not rule on the
contention ana adjournment was taxi
cu until o'clock this afternoon
Contention OF the Defense.
Attorney Watson opened for the de-
Tense on the beginning of the after
noon session. He declared that there
/ we're no allegations in the bill TO show
that the Waddell- Mahon men were not
residents OF this county. THE statute
only provides" he said, that no one
who has not been a resident of the
county for ninety days can he made a
deputy sheriff. Therefore the FEEDER
alton was asking the court to enjoin
an act eNprcssedly permitted by law
! he declared that the sheriff was the
sole judge of the qualifications of his
! assistants aud declared that the court
had ne jurisdiction. He declared that
|, the nse IF the word suitable" in th'
Il statute ana the word upon which tie
Il complaint bases It's case. referred moi
- th- moral caiibrr Of the men but I,
the number. He declared that the corr
cannot deprive the sheriff of the righ
81 Judgment
II lie declared that the employees Of th,
Waddeil- Mahon corporation. under the
laws of the United States, had a per
feet right to be present in Houghtor
county and To enjoy all their justice
rights unGer the constitution. lie de
clarcd That they might bc pressed int,
the service of the county AT the dis
erection of the sheriff He said the!
would b. in a most peculiar delemm;
II the injunction was granted, beini
liable by law To Imprisonment if the.
refuse To act as officers at the reques
Of the sheriff and to be liable for con
tempt of court if they did.
He said the injunction granted
would be a violation of the constitu
ton of the United States. lie sum
married the entire case for the defens
by saying:
In lot M n no
, complainant in this case. If the bill
brought by a committee it is illega
The party who is complaining ha
suffered no wrong except from act
| in themselves unlawful, and there
fore did not come into court wit
clean hands. For all the oitenses al
| legged, there is a remedy at law Til
| bill will deprive the sheriff and III
| Waddcll 7Mahon corporation of theI
| rights under the constitution
| Judge O'Brien declared that tn
| court had no right To pass on the suit
| ability of the officers" He said "ther
Is "a possibility that under the lay
| making it necessary for deput
| sheriff To be "a resident of the count
| for three months, the court could,
| the case were properly brought bctoi
| II, grant the injunction"
II Continuing, he said, II am incline
TO believe that when "A deputy goes bt
| yond his power of duties the coul
can restrain him. ! have no doubt thj
If men in the guise of police officer
, are stirring up riot and trouble an
that il is probable that these cond
lions will continue, the court has
1 right To enloin them even If they wei
J legally appointed. The sheriff und'
present conditions. has broad pow'
but men appointed by him should !
4 the ones Ia keep the peace ana not
stir up trouble
There is absolutely no precedent
I the courts OF this or any other couI
ty for such action as is beins brougl
here "a far as ! know. no such sui
has been brought before. This is
serious matter and cannot he laugh,
: from court
At this iuncture. Judge OBrien RUE
I that he would listen To the denial
q allegations and consider the leg
= points later.
. Refutes the Allegations.
4 Attorney Galbraith announced tn