The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1917-07-12
COkpL LIANT NOT YET DRAWN
Attorney Says That Action Is Not Sian
der Suit But Gerling Believes That
He Has Been Wronged by Commit
tee-Main St. saloon Still Closed

Henry Gerling, former Main street
saloon keeper, whe was refused Il
cense by the council at a recent meet
ing, is going to fight and on Saturday
summons in suit brought by Ger
ling against Alderman Herbert Tho
mey, chairman Of the license commit
tee Of the common council, was served
On the alderman. The complaint has
not been served and no complaint has
been filed in the circuit or municipal
court. Attorney Calvin Stewart, who
represents Gerling in the service of
the summons, declared this morning
that the complaint was not ready for
the public but that it would probably
be ready by the middle of the week.
He declined to give any intimation as
to the nature of the charges which
Gerling would bring against Alderman
Thomey more than to say that Gerling
believed that he had been wronged,
and that he would demand redress in
court. Attorney Stewart declared that
the action was "not exactly one for
SANDER" He alsoIsaid that it par
took of the nature Of a SANDER case.
The saloon operated by Gerling is
alleged to have been one of the num-
Der investigated by the Burns detective
employed under the direction Of the Ii
cense committee but the report of the
detective in regard to this and other
places was not made public. Thomey
declared, when he presented his report
refusing to recommend the renewal of
the license for Gerling, that the commit
tee had good and sufficient reasons
for refusing to recommend that Ger
ling be granted a license. He refused
to make public the evidence that had
been collected against the Gerling
place and insisted on the floor of the
council that he did not want to lay
himself liable to damage suits which
might follow his public statement of
evidence that had been found against
the place.
Gerling has been ON the firing line
at several meetings of the council and
has sought a chance to demand a Ii
cense. At both times he got the ear
of the council just as the work for the
night was being closed up and at the
last meeting the council adjourned just
as Gerling was planning to address the
council. Alderman Thomey, in ali his
reports on license applications, held
that the committee was not forced to
make public it's reason for not recon-
mending renewal of license rights He
held that if the council saw fit it could
refuse license tof any one of the pc
titioners without giving any reasons
for such action.
The suit of Gerling, If it ever reach
es the court, will be of more than or
binary interest. A successful termi-
nation of the suit for Gerling would es-
tablish a precedent for whipping the
license committee into line in future
years. Members of the license com
mittee declare chat they have no doubt
as to the outcome of any action which
may be brought against the chairman
of the committee. The saloon former
~ operated by Gerling is closed at the
present time as he held the lease on
the building and he has not given pos
session to Fred Primo, who was grant
ed the license for the saloon by the
council. 1t is understood that court
proceedings have been started by the
owner Of the lease to get possession Of
the building,