South Bend news-times. (South Bend, Ind.) 1913-1938, 1918-11-26

tLON Ed FAOE ONE.)
ception. n with the understanding
that IL the evidence developed by
the city should warrant IL the de-
murrer would be reopened.
The city attorney then filed a
number of afidavits by Mayor Car
son. Chief Of Police Kline, Frank
NJ. Boone, member Of the board Of
public safety, and Charles Keller, a
police officer, these afidavits deny
ing the allegations of Briese that
they had threatened TO illegally or
forcibly remove his saloon fixtures.
Deny They Made Threats.
The affidavits Of the mayor, chief
of police and the safety board mem
Der denied that threats had been
made against the petitioner. and
that the orders given by the mayor
ITO the police relative to the removal
of all bar fixtures in the city were
not intended as threats.
The affidavit of officer Keller was
70 the effect that in serving Briese
with notice 10 remove his bar fix
lures was not accompanied with a
threat Of what the city would do if
the petitioner did not comply with
the city's orders.
Officers Testify.
Afidavits were also filed by the
city from Night Patrol Sergt. BENZ
amin II. Roberts and Detectives
Frank Windowski. Jack Northrup,
John PABLO, Samuel K-oczorowski
I1nI Ca-v.F~ 7 rr-.nrr 80 4I1 aeFnaF
that they had seen intoxicated per-
sons in and about Briese's place OF
business since the prohibition law
went into effect. An affidavit 10 this
same effect was filed by Sergt. Will
liam HOsinski, and one was hled by
Chief of Police Kline TO the effect
that he had received several reports
regarding the Briese place hat
whisky had been sold there.
s. b. WOrden and Ira Ralston
fled afidavits in behalf of the city
that they had bought whisky in
Briese's place since the prohibition
law went into effect, and in conse-
quence of these purchases they had
become intoxicated and had been
arrested by the South Bend police.
CHARGES B~OL>lfeNlStl.
Declaring hat the city had at
tempted TO proceed against the
former saloon keepers of the city in
a ann peculiar TO the bolshe-
vik, Atty. McInerny filed a counter
affidavit by Briese. setting forth
that he conducts a cigar. soft drink
and short order lunch business, and
that since the going into effect he
had not sol intoxicating liquors.
The affidavit attempted 10 explain
the possession by Briese of a gov
eminent retail liquor license by
saying that the afiant knowledge
of the interference in the state OF
Michigan Of former saloon keepers
by the government on account of
near beer handled by them, and in
order not TO be bothered by govern
ment officials in the sale of nea
beers. he had bought the govern
ment license.
The affiant further set forth in
his affidavit that he had cause to
believe that the city intends to forci-
bly, remove his present fixtures in his
place of business. and declared that
upon serving notice upon him TO
take out those fixtures and to per-
manently close his business by Of
fcer Keller, the officer had init
mated to him hat unless he might
comply with the city's orders, the
same fate might befall him hat be
fell Edward &. COffey whose fixtures
were forcibly taken out by the po-
lice. -.
Cites Newspaper Statements.
In refuting the afidavits filed by
Mayor Carson, Chief of Police Kline
and Police Commissioner Boone TO
the effect that the city had never
! threatened the former saloonkeep-
ers with the forcible removal of
their fixtures in an illegal manner,
/ Atty. McInerny read extracts from
the South Bend News-Times and
South Bend Tribune. containing in
1terviews with Mayor Carson and
| Chief of Police Kline in an effor.
10 show that the former salOOnkeep-
ers had been threatened with the
forcible removal of their fixtures by
the city.
The entire morning was consumed
in filing and reading the afhdavits
Of the opposing side, and at tho
reconvening of court in the after
noon. this was resumed.
Eight additional suits for perma-
nent injunctiOns against the city,
were filed Monday morning in the
local county courts. All Of the eight
petitioners are represented by Atty.
George Kurtz. and are as follows.
Joseph Kubiak, Frank NOwinski.
Max Winkowski, Leo G. Banicki,
Joseph Ciegzniak, Steve Leda, Jo-
seph -Chmielcaski and Michael
Kruzniak.
This brings the total number of
injunction cases filed against the city
to Is.
MEEnI z WnDKCQC InIM