Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1915-07-02
JAIL INJUNCTION
MATTER UP AGAIN
Bishop E. ". Dunno Files Second Ap.
pncation 10 Restrain CoHstruc-
ton OF Building.
HEARING SET FOR WEDNESDAY
Judge ". Z. Church VIII Take Up
Case Following Disposition of
lie Rette Trial.

lie Rette Trial.
The second jail injunction bill filed
this morning by Bishop E. NJ. Dunno
against the county of Rock Island and
Paul Lorenz. the contractor. brought
TO light several new features in the
case
One and that which caused the
greatest surprise among court house
officials, was that Attorney C, j.
SearIe. Of the firm of Searle & Mar
shall, hired by the board as counsel
to defend their interests, recognized
the rights of States Attorney Floyd
Thompson to appear as defendants
attorney in the case.
Another new feature was that the
contractor Ras made defendant in the
petition asking a temporary writ of in
junction and that ne had been guided
by the counsel of G. A. Shaliberg, who
this morning appeared in his behalf
A third feature was that the pres
ent petition was in no way similar to
the last filed, but only made charges
under the Igoe law passed by the leg
islature and which went into effect
yes erday.
All Is Harmony.
Attorneys for the defendants. States
Attorney Thompson, and the firm OF
Searle & Marshall for the county, and
G. a. Shallberg, for Mr.. Lorenz, the
contractor, found no difficulty this
morning in agreeing on their wishes,
all seeming TO be working in hearty
accord fer the interests of the board
and the contractor.
J. T. Kenworthy, of J. T. & S. R
Kenworthy, and James F. Murphy,
counsel for Bishop Dunno, were pres
ent in court also. Question arose and
brought forth considerable argument
as to which Judge was to hear the
arguments. when they were to be
heard and whether or not temporary
writ would be granted OF a stay or
der issued by the court
Judge ". r. Church declared that
the attorneys had better first take the
matter up with Judge Ramsay in
branch court Mr. Thompson asked
that the case not he set for hearing
until the present murder hearing was
over. He asserted that he represent
ed the defendants, Mr.. Searle asked
that the case be certified to branch
court. He huTriedly explained, how
over, that he did not ask that to pre-
vent Mr.. Thompson from appearing for
the defendants but that the time of the
hearing could be set for at some time
after the murder trial was over.
Up Next Wednesday.
After some argument. the attorneys
went before Judge Ramsay, and he
declared that he did not think that /
he would be able to hear. Thus the
counsel returned to the main court /
and asked Judge Church to hear the /
case. He declared that he would /
take it up after the present murder /
trial was over, and set the time for
the hearing Wednesday morning
Mr.. Kenworthy asked the court to
grant the temporary writ If the hear
ing on the petition was not to be TAX
en- up before that time. He said in
lieu Of that, a stay order would answer
the purpose. The court declared that
on account of the murder trial on
hearing that there was no time at
present to go into the merits of the pc
tition but that he did not believe it
proper at this time. without hearing
arguments, TO stop the work temper
ariIy. He said that the contractor
would stand the loss in case the COM
plainants petition was granted.
three years a school has been con-
Quoted across the street from the
court house In a building used ex-
ciusively for school purposes. It
states that the structure cost $50, 008
and that the east wall of the school
was situated 112 feet from the west
line of the proposed Jail building.
Copy of Law Filed.
The petition refers to the Igoe bill
which went into effect yesterday and
which provides that no Jail shall be
erected within 200 feet of building
used exclusively for school purposes.
A certified copy of the Igoe law Is ap-
pended to the petition asking the tenn
porary writ of injunction. The pc
tition also claims that the county
board and the contractor had full
knowledge of the pending bill when
the contract was entered into and that
the chairman of the board, and the
jail committee at an expense to the
county of SOS had gone to Springfield
and Iobbied against the bill and APP
peared before the committees of the
legislature. Il
The prayer for injunction also states
that a copy of the bill was given to
the board on June 25 and that not
withstandiug this knowledge, the con-
tract was entered into and that the
contractor is now engaged in the pre-
tended performance of the contract,
and that the action Of the committee
was aimed TO defeat the object of the
Igoe law The petition further charged
that the work accomplished thus far
had no legal significance and its only
L. y,1YhIip mol