Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1915-07-17
DENIES BILL BUT
ADVISES WORK ON
JAIL Be STOPPED
Judge Church Oyerrules Motion for In
junction, Bat Thinks il Cnaise to
Proceed With Construction.
WAIT UNTIL HIGH COURT ACTS
Holds Enforcement OF Igoe Law
Would Mean Impairment Of Goa
tract With the Building.

Although the motion Of Bishop ID.
~ Dunno of the diocese Of Peoria fpr
q temporary writ Of injunction to pre-
vent the erection OF Rock Island coun.
ty's new jail on the court house square
opposite St. Joseph's parochiaI school,
was overruled by Judge ". T. Church,
AIa50. in circuit court this morning.
The court urged that ali work on the
project cease.
1T seems to me this should have
been g friendly action and that no
work should have been done on the
Jail project pending a. decision Of the
site controversy by the court declar-
ed Judge Church in announcing his
decision. The compliments should
have furnished a suitable bond to pro-
tect the contractor from loss and the
work should have ceased. However,
If the contractor insists on going
ahead on his own responsibility. 1 see
no legal means TO prevent him, al
though, as a business proposition. 1t
would seem to me to be safer to
wait"
This fs practically the same advice
which States Attorney F, E. Thomp-
son gave to the board Of supervisors
at its last meeting.
-Four Points Involved.
Judge Church in announcing his de-
cision this morning declared there
were four points involved in the case.
The first was whether or not the de-
feudants had a right to resist the mo-
ton for temporary injunction by fill
ing afndavits. He held they had.
AS TO the constitutionality Of the
TEoe law on which the injunction case
was started and which prevents the
erection of county jails within 200 feet
Of any building used exclusively for
school purposes the court stated he
did not care to pass finally leaving
the matter for a higher court to deter
mine. He was Of the opinion, how
ever. that the word exclusively" tend
ed 20 make the law unconstitutional,
since it Disseminated against build
fngs used partially for school work
The point raised by the defense that
the entire matter had been disposed
OF IN the decision Of Judge F. d. Ram
say IN the first injunction case was not
upheld. Judge Church explained that
in the first instance, action was based
on the claim of Bishop Dunno to a fee
in the court house square. while the
latter rested entirely on the Igoe law.
The fourth and most important point
raised was whether the enforcement of
the Igoe law would mean an impair
meut Of the contract which the county
has made with Paul Lorenz, contract
or. The court held that it would and
1t was primarily on this ground that be
refused to issue the temporary writ.
Dates for Opening of Bids.
Judge Church held that to all In
tents and purposes the contract for
the erection of the new Jail had been
awarded TO Mr.. LoTenz June 3, when
the building committee opened bids and
informed him he was the lowest bid
der. At that time, the court explain
ed, Mr. Lorenz had filed a certified
check for $3.50 and upon learning his
figures were lowest had employed men
and began preliminary work on the
jail
The contract was not formally |
awarded 20 Mr.. Lorenz by the board Of
supervisors until June q. The court /
held that Mr.. Lorenz had a vested |
right in the Jail building. project and
that TO issue an injunction would in
terTaEe with the terms Of the agree
mant which the contractor had with /
the county.
It is announced that the complainant |
expects to appeal the case to the SUI
pFane court, in an attempt to get a !
reversal OF the decision Of Judge |
Church. J. r. & s. r, Kenworthy are
counsel for the compliments; States /
Attorney Z. z. Thompson and Searie &
Marshall for the county and G. a. /
Shaliberg for Dir. Lorenz, contractor.