South Bend news-times. (South Bend, Ind.) 1913-1938, 1914-11-27
Kerr Recommends Resembling
of Rule on Ground That Po-
lice Can't Enforce it But Two
Members Stand Pat.
AUGUSTINE SAYS RULE
WILL STAY ON BOOKS
Admits Law is Broad But Atti-
tude Will Remain Unchanged
for Present at LeaSt-CaS-
Sidy to Appear.

Declaring that the police depart
ment was literally up against it, in
the matter Of enforcing the order
given out in January by the board of
public safety that all winerooms of
the city be abolished, Chief Kerr of
the police department openly recon-
mended the resembling of that order
at the regular meeting of the board
Friday morning. The recommends
ton from the chief was based on the
prOvisO that no city ordinance direct
ed just where intoxicating liquor
should be consumed after it had been
purchased in q regularly licensed bar.
The chief presented the problem TO
the board after it was learned from
GOttlieb Raissle, 323-25 w. South St,
saloon and restaurant proprietor,
that John A Hibberd, as his personal
attorney, had advised him that liquor
after having been purchased, could be
drunk wherever the purchaser so
chose.
Mr.. Hibberd is a member of the
board of safety and was a member
of that body when the order which IS
being questioned, was turned over to
Chief Kerr. Raissle's restaurant is
next door to his saloon and he is said
to have served drinks as a part of the
restaurant business. An effort to stop
him by the police department acting
upon the boards order, was met with
the statement that by state law the
purchaser of liquor in rete quantities
was entitled to drink it wherever he
chose.
Other Members Disagree.
Pres't Augustine and Clement
Smogor, other members of the board,
failed to agree with Mr.. Hibberd.
Neither would make a statement as to
their stand in the matter although
Pres't Augustine declared that the
present order would stand good until
il was proved to the satisfaction of
the board that it was too broad in its
scope.
1t was said at the meeting that va
rious saloon keepers over the city
had sought legal advice in the matter
and as a result had started the serving
of liquors in adjoining rooms.
1.-The law applies to dance halls as
we'll as cafes" said Mr.. Hibberd. 1T
is my personal opinion that liquor may
be drunk either in dance halls or in
restaurants providing it has beer pur-
chased in a properly licensed saloon
That the law failed to say that
women and girls should be barred
from drinking liquor in public places
was another view of the matter taken
by Mr.. Hibberd. He stated that
women and girls of age had as much
right to drink the liquor purchased in
saloons as did the men.
Police Are POwerleSS.
I'VE are powerless to convict
under this order" said Chief
Kerr. "You have put US up against
it. We brought RaisSle to the sta
tion only to be met with the as
sertiOn that he had a perfect right
TO allow the consumption of liquor |
in restaurant as long as the liquor
had been purchased in a licensed !
saloon. The law says that liquor
shall not be given away, sold or
bartered, but to my knowledge 1t |
fails to limit the purchaser in his
actions following the sale, when the
liquor becomes his personal prop |
erty."
There was much study of the stat |
utes by the various members of the |
board. but no decision was reached. |
1t was finally decided 10 postpone the |
matter until the meeting of next Fri |
day. In the meantime the chief was
ordered to consult with City Atty. See |
birt in an effort to find out just where |
the city stood in the matter.
Appoint New PatrOlman.
To fill the place on the police force |
left vacant by the dismissal of Patrol !
man AIischler last Monday, J. l. |
Northrup, 81 years old, 1928 Fassnacht |
av.. was appointed a member of the |
department He Will begin service |
Dec. 1. In his application Northrup |
stared that he was a republican and |
had lived in South Bend more than |
three years.
Detective William Cassidy has been |
requested by the board TO appear be- |
fore them at a special meeting to be |
held Saturday morning al O'Clock TO |
answer charges filed at the last meet |
ing by one Lewis Brown. Brown |
Jumped his bond to appear in city |
court and fled TO Toledo. His attOr /
ney and bondsman, Barry ScanlOn, and /
Cassidy went after him. At the police /
station Cassidy is said to have col /
lected Browns belongings and shipped /
them 10 this city. When they arrived |