South Bend news-times. (South Bend, Ind.) 1913-1938, 1919-07-08

its Jurisdiction, evidence essential
to the trial OF such cases. in the
superior court this morning. The
decision was distinct reversal Of the
claims OF Chief Kline. with refer
ence TO the disappearance and de
generation Of liquors at the city
hall. holding il. under Pros.
Schwartz's petition. 70 be an unsafe
pace for the preservation of liquor
as evidence.
\ legal battle between City Atty.
Slick and Pros. Schwartz followed
the decision OF the court, the city
attorney attempting an appeal on
the interlocutory-em -emergency-or-
der Of the court, which is the ma
ture of the proceeding. and asking
"A stay of execution pending the de-
cisiOn by the higher court. Pros.
Schwartz insisted that appeal could
not be taken on such order. as there
was no inal Judgment, and further
that this being an emergency order.
the stay pending appeal, would ad-
NIT OF all the dangers that the or
der was calculated TO prevent.
Up Again This Afternoon.
Judge montgomery in deciding
the case. took occasion 10 point out
10 city Atty. Slick that as his pc
tition had called for vacation of the
order. instead Of modification. there
was nothing left for him 10 do but
20 overrule the motion, whereupon
the city attorney undertook to ac-
Cept the courts mention as a
"huuch" and file a petition of modi-
hcation IL was when, on objection
of the prosecuting attorney. the
court denied the police chief the
privilege of asking for modification
AZ such time that an attempt was
made TO appeal 10 the higher court
Schwartz objected 10 Sticks ap-
peal on the ground that the case
was unappcalable. Much time was
spent i'm determining the legality of
the proceedings and as neither of
the attorneys nor the court seemed
thoroughly clear on the law govern
ing this particular case, on motion
Of Slick. Judge Montgomery grant
cd "a continuance Of the case until .
O'Clock this afternoon. so that they
mlcht acquaint themselves with the
law
LIQUOR l. Diminishing.
I'm making his decision TO overrule
Klne's petition the judge said. that
due 20 the fact. that the petition
presented by Kline did not deny the
showing made by the prosecutor in
his affidavit that the liquor in ques-
tion was already beginning TO de-
minish and did not offer any other
remedy 90 guarantee the safekeep-
ine OF the liquor until the time OF
the trial there was only one thing
for the court 90 do 20 protect itself
in the preservation of the evidence.
hence the reason for the deciding to
let the original order stay.
Tn arguing against the appeal
Pros. Schwartz pointed out that a
stay OF proceedings would be like an
appeal from a temporary injunc-
tion holding up the injunction until
after the appeal had been tried. and
aNalNtE ilt Ec>NtnuauI or every
opportunity 20 defeat the purpose
OF IT, He called attention 90 the
fact that this was an emergency or
der or il was nothing. that am APP
peal would take months to hear
and that II liquor disappears from
the city hall at the rate OF II cases
I'm "a week, 10 wouldn't take long foI
los more cases 10 disappear The
liquor transformed into water in tho
Barrett cases took only few weeks
SWartz Answers Chief.
Pros Schwartz's answer 20 Chic
Kune's petition. which answer was
sustained in oyerruling the petition
follows
Prosecutor Makes Answer.
samuel T. Schwartz. prosecutinl
attorney for the sixtieth judicia
circuit OF the state OF Indiana, II
answer TO the motion filed herein b.
Peter Kline. represents.
THAT he has brought the actor
herein. by virtue Of the duties i'm
putcd 90 him by the laws OF the stat
CONTINUED on PAGE TWO.