Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1915-07-13

sist this Injunction by aGidavits." re
piled c. J. Searle Of counsel for the
county. 1T ts perfectly proper that
these be considered before any answer
IS filed
0verrules Motion.
Il am OF the opinion that the court
cannot lawfully compel an answer or
plea at thfs time" announced Judge
Church in overruIing the motion made
by Mr. Kenworthy. The court has
but two points 10 consider in an In
junction Of this kind. Whether the
temporary writ shall issue and what
evidence the defense may submit"
Mr. Kenworthy then read the bill Of
complaint asking for an injunction
against the county Of Rock Island and
Paul Lorenz, contractor. to prevent the
erection of the new Jail on the court
I house square. In the first effort TO
secure & temporary restraining order
which was brought before Judge F. d.
Ramsay, question of the title Of the
land and whether the county board
had a legal right to erect jail on the
court house square was raised and the
court held with the county. The pres
ent action is predicated on the Igoe
law. which forbids the erection of q
county Jail within 200 feet of any build
ing used exclusively for school pur-
( poses.
IN the bill it was stated as in the
former case, that the school property
/ in question would he greatly damaged
through the erection of the jail on the
court house square tt recited that geo
pupils daily attend the school when it
( is in session and that the moral effect
of the sight Of prisoners just across
from the school would be bad It
cites that although the county board
was given notice that a writ of in
junction would be applied for, that it
defied the same and proceeded with
( the erection Of the building in an ef-
( fort 10 cirCumvent the Igoe law.which
went into effect July l. II set up that
/ Contractor Lorenz had been out Of the
county since the injunction matter
/ came up but that notice had been
served on his foreman in charge of the
/ excavating on the court house campus
Reads Former Bill.
Mr.. searle read the bill Of complaint
[ in the first case which came ap before
/ Judge Ramsay, claiming that Judge
Z Ramsay's ruling disposed OF the en-
/ tire Jail matter. However, it Us the
contention of the petitioners that none
of the points involved in the present
case was touched on in Judge Ram
says decision, since the present action
is based on the IgOe law, which at that
time had not been passed.
G. A. Shallberg, representing Con
tractor Lorenz. read an affidavit in
which the contractor set up that he
had been given authority by the board
Of supervisors TO proceed with the con-
struction Of the building Adjourn
ment was then taken until . o'clock.
kenworthy & Eenw0rthy appeared
7 for Bishop Dunno and States Attorney
) r. Z. Thompson and Searle & Marshall
( for the county and G. a. ShaIlberg for
Paul Lorenz. Among the interested
spectators in the court room We're
Supervisor c. L. Kerns, secretary of
the building committee: @. D. McLane,
architect for the new Jail. Supervisors
NJ. 0. Griswold and George Stroehle,
and quite number of citizens who are
interested in having the jail removed
from the court house square.
This afternoon arguments of counsel
on the bin of complaint were heard.