South Bend news-times. (South Bend, Ind.) 1913-1938, 1918-11-14
PAR|SH|ONERS
STORM COURT,
PRIEST FREED
EmbattIed Crowd, Intending
to Dare Conviction, Finds
Case Against Kubacki Dis
missed by Acting Deputy.

Declaring that everyone who at
tended public services at s.. Adal-
bert's church during the health
boards ban on public gatherings
should have been arrested instead OF
merely one man being singled out
for the violation OF the health
boards order. d. d. Nemeth, acting
deputy prosecutor. In city court
Thursday morning moved for the
dismissal OF the charges brought by
DR.. Emil c.. Freyermuth, city health
officer, against Rev. John KubackL
pastor Of ST. Adalbert's.
Rev. Kubackrs case was the last
on the docket. A warrant for his "a
rest on the charge Of holding public
church services in violation Of the
city and state boards orders was
issued Nov. l on complaint of DR..
Freyermuth, and several days later
he was cited 10 appear in city cOur.
by Chief OF Police Kline. The case
was finally set for hearing Thursday
morning.
The action against Rev. Kubacki
is brought by the state on an afa-
davit by the secretary of the city
board OF health" said Mr.. Nemeth
in moving for the dismissal Of the
charges against the priest. 'It is
brought under a section of the
statutes giving the state board OF
health the right TO prohibit public
gatherings 10 protect the public
health" continued the deputy prose-
cutor, land inasmuch as every one
who attended the public services
should have been arrested instead Of
singing out one man. the state asks
for a dismissal of the charges against
Rev. Kubacki."
Freyermuth Takes Floor.
DR. Freyermuth then took the floor
with the announcement that he had
come to the decision that the pur-
pose OF the warrant had been &C
complished.
After due consideration OF the
matter by the board Of health, we,
the board, have come TO the decision
that the purpose Of the arrest of
the reverened gentleman has been
accomplished. At the time the war
rant was issued Rev. Kubacki open
ly admitted that he had violated the
law, but it was impossible for us to
arrest the entire congregation, so we
arrested the leader. However, as the
purpose Of the arrest has been ac-
complished. and from the very high
calling Of Fr. Kubacki, we have nc
disposition to proceed further with
the prosecution"
Judge Gilmer apparently did not
take very kindly 70 either Mr..
Nemeth's or DR.. Freyermuth's state
ment for he said:
The purpose of the criminal code
is not to accomplish purposes by the
mere swearing out Of warrants. The
code Is not merely for preventive
purposes and warrants should not be
, issued if those issuing them do not
intend 20 carry out the prosecution.
They should resort to the civil
courts"
While Judge GIlmer was entering
the dismissal of the case against
Rev Kubacki, members OF th1
priests congregation were gathering
III LAAN tOA 4 AnUA VI the CITY nan up
stairs At a meeting az St. Adal-
bert's on Olive St Wednesday night
II was decided that a delegation
should attend the trial of the min
ister Thursday morning. But the
delegation arrived too late TO appear
at the hearing in the city court.
Delegation Of 100.
There were at least 100 members
OF the congregation in the delega-
ton. Huge boquets Of flowers were
carried by many OF them. and as
Rev. Kubacki reached the corridor
from the court room, he was greet
ed by the delegation. They presented
him with the flowers. There were