South Bend news-times. (South Bend, Ind.) 1913-1938, 1916-08-25
KRONEWITTER BEATEN
IN INJUNCTION SUIT
J. |. Harmon of EIkhart
County Superior Court De-
CideS in Favor of City.

ter W. Mayor Ralph Gaylor and the
city Of Mishawaka saloon license
case. held in the superior court
rooms at Elkhart yesterday. handed
down his decision in favor of the
defendants. He ordered that the
temporary restraining mandamus
granted Kronewitter by Judge
George Ford, to keep the city Off
Gals. as he claimed they were do
ing. from bothering his business un-
til the suit is settled. be dissolved.
This is the third time the city has
beaten kronewitter. The case
Which has caused no little interest
throughout the county. is one in
which the latter, a saloon keeper at
314 :. Wells st. wishes to force the
city officials to grant him city per-
nit. claiming that they must do
so after the county board of COM
missiOners gave him the right to
operate. During litigation, Krone
witter opened his saloon and when
the police attempted 20 close il he
secured a temporary restraining or
der from Judge Ford. Since that time
he has been endeavOring to get an
injunction against the city to keep
it's officials fro mpestering his trade.
This was denied him Thursday.
Argue ON Fee Question.
According TO the state statute a
aaIoon keeper when granted "A license
by the county commissioners must
tender a certain amount to the city
as it's fee within five days after the
boards decision. In his testimony,
eN-iudge Vernon Van Fleet of the
superior court, counsel for the city
claimed that neither Kronewritter or
his attorneys. Stuart McKibben and
p. G. Fergus, rendered the custum-
airy fee Of $500 TO city treasurer. w
T. Kimball. within the time speci-
fed by law. Judge Van Fleet argu-
ed that after the five day limit mad
expired and the money had not been
paid. the state permit became void
and that KrOnewitter could not Sc
cure another license for two years.
He also contended that the commits
sioners had no jurisdiction o grant
the saloon-keeper permission To OPP
crate after Mayor Gaylor had re-
voked his license.
Open Without Permit.
Judge Van Fleet claimed that the
license OF John Kronewitter was re-
voked i'm July. 1915, because he had
disobeyed the Sunday and holiday
closing ordinance. and had been
caught selling liquor on those days.
II was shown that the saloon was
oI,-ed I'm. -fN- months Drrino that
time John Kronewitter transferred
his license to his brother Charles.
This was Illegal. according TO Judge
Van Fleet. who argued that "a re-
voked license cannot be transferred.
as it is void. Charles KrOneWitter
i'm the meantime applied TO the
board for renewal, one month aft
er the license had expired, which
was granted. This. testified the judge
was an error ON the part of the COM
missioners. for he claimed that il
was rot a renewal but an application
for "a new license. After Kronewrit-
ter had been granted the state per
nit he and his attorneys as was
brought out i'm court. failed TO tender
the money within five days to Mr.
KimbaH. The board issued his license
on July %. and during the term al
lowed 10y law up to July s. no one
had offered the money 20 the city
treasurer. Again Kronewritter vio-
lated the law. as he had kept open
since that time without either state
or city license. laying himself open
To prosecution by the state on the
charge OF operating a saloon with
out the necessary permits. common
~ called a blind Tiger"
Injunction Proceedings.
Injunction proceedings were taken
mp by Kronewritter soon after the
commissioners granted him the per-
nit 20 operate. lie claimed in his
AFFIDAVIT that city police acting up
ON orders from the mayor and the
chief of police would continually
trespass upon his property. They
would enter the saloon and buy
drinks. and at times would take the
names of his customers. This caus-
ed him no little trouble. and. so he
claimed. caused a noticeable de-
crease in his business. Judge Ford
garnted temporary restraining or
der. Later. attorneys Fergus and Nc
kibben endeavoTed TO get an in
junction keeping the police away
from the saloon until the case is
settled. which viii be on the docket
Of the Elkhart court for the coming
! fall session. before Judge Funk. but
/ this was denied them. Judge Funk
Isustaind the city in it's contention
/ that kronewritter had no right 10
operate.
Since then the case has been ven
ued several times. Court convened
b yesterday morning at 1880 O'Clock
\ The morning session was taken up
7 with the reading OF affidavits At
1878 o'clock court resumed sessions.
I Arguments were heard by the at
+ tonreys At four O'Clock Judge Hair
mon rendered his decision.
one rumor gives IL that the case
max be dropped. while another is
+ that kronewritter - ready To tight
4 20 the finish