Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1918-10-29
UPHOLDS STATE
COURT FINDING
IN JAIL FIGHT
rated States supreme Tribunal
DfsmisSe> Injunction Proceed
incs Brought ny Bishop.
MAS WITHOUT JURISDICTION
pelieye Battle Is Over As Result of
Highest Courts Decision in Line
With That State Body
lBy Associated Press

Washington. Oct 2S-The Hi
,ois supreme court decree. enioin-
ing county officials from erecting a
al in Rock Island. was upheld
,eSterday by the United States SD
irene court which dismissed a
wit Of error prosecuted by the
county I'M injunction proceedings
brought by Bishop Edmund NJ
ruune OF Peoria. who claimed the
iaH was within 200 fee; ol st. JOS
ephs school
The foregoing dispatch received
bv The Argus late yesterday after
noon. tells OF what may be the final
step in The jail injunction fight
which has been III the courts for sew
a-aI wears. Motion TO dismiss was
made by KeuwOrthy * Kenworthy.
attorneys Tor the plaintiff. who con
tended that the highest federal
court was without jurisdiction on
the phases of the case submitted 10
il b. the appellants.
Litigation VIII not be likely to go
further unless the cOunty's attor-
news can devise some other way of
getting it before the federal trib-
EnaL If this is not done the cir
uuit courts order restraining the
county from building the jail on
the proposed site and issued at the
direction Of the state supreme
court, Will remain in force
Is Complicated Case.
Most Rock Island county resi-
dents are familiar with the issues
involved and know in d general
way. at least. the steps which have
LED up to the present situation.
In the Rock Island county circuit
court in the first place the findings
permitted erection Of the jail build
ing on the square. but the Illinois
supreme court reversed the case
and ordered an injunction issued
restraining county officials from
further procedure in completing
he building. the foundation and
basement of which are finished.
SearIe & Marshall. who had con-
Quoted the case as a special COun-
sci. were authorized by the Rock
Island county board of supervisors
to ask for a Tehearing in the su-
preme court Of Illinois and if de-
MED that to proceed in the federal
courts on appeal A denial of the
rehearing confronted the attorneys
Z the state supreme court aud a
writ of error was presented to the
supreme court of the United States.
Attorneys for the complainant
contended that no issue was involv-
ed over which the United States
court has jurisdiction. and that
even If there was, the procedure on
the part OF the county in reaching
that tribunal was erroneous.
Information of the dismissal OF
the writ of error is all that has
been received so far.
The question now arises, what
viii be done with the building as
il stands? The foundation and
basement have been completed. 4
heating plant has been installed that
furnishes the court house and old
county Jail building with steam
heat
The old Jail is in bad condition
as il has been for years. and has
been repeatedly condemned by 10
cal and state officials as unsanitary
and Inadequate.
The county has now expended be
tween twenty and thirty thousand
dollars in litigation. If the super
visors 50 decide no doubt ways may
be devised to expend more.
In Hands OF Local Court
As matters stand the circuit cour
Is in charge of the situation. 1t ha:
ordered building operations to per
maneutIy cease. InasmuCh as thu
foundation Of the building was pu
n after the original temporary re
straining order had been issued, i
no doubt viii be left to the lOca
tribunal to make disposition of thu
part Of the structure and the ma
teriaI now on the ground