South Bend news-times. (South Bend, Ind.) 1913-1938, 1919-07-10
INJUNCTION
IS ASKED IN
LIQUOR CASE
Would Review Judge Mont
gOmeT'S Findings in
Circuit Court Action.

Employing the injunction pro-
cess as a means ri .effecting a vir-
tual appeal from the superior to the
circuit court-tribunals of equal
and concurrent Jurisdiction ask
ing the latter 10 review the findings
Of the former. restraining execu-
tion Of its orders, and thus conitnu-
ing their insistence upon retaining
the Iquor taken by the police in the
thinner Dambacher cases, the city
of South Bend turned over a new
leaf in that now long darwn-out bit
of litigation today
Attempting 20 def by legal pro-
cess. the order by Judge MOntgom-
cry IN the superior court. that the
liquor taken by the police from
thinner & Dambacher be turned
over 20 the sherif TO be held as evi-
dence pending trial OF the thinner
Dambacher cases before that trib-
unal the city OF South Bend. Thom-
as W. Slick, city attorney. acting as
counsel. has obtained a temporary
injunction issued by Circuit Judge
Walter A. Funk, Restraining Sheriff
Duck from carrying out Judge
Montgomery directions Hearing
on the injunction. that it be made
permanent. has been set for the cir
cult court for tomorrow morning
at $50 O'Clock.
Would Bar Pros. Schwartz.
That the fling of the injunction
emanates from an understanding
between the sheriff and the city hall
aggregation.-the sheriff being an
eN-saloon keeper and of the same
official affiliatiOn as the city hall
crowd. d.-was taken as confessed to-
day in the talk of the street. and
evidenced by the failure of the
sheriff oeNecute the order when
directed 10 do so yesterday. and his
refusal this morning 10 permit
Pros Schwartz 10 represent him.
as the representative of the state at
the hearing Sheriff Duck abruptly
informed Pros. Schwartz this morn
ing, when he offered his services.
that they were not wanted. and that
he had employed Atty. c. P. Du-
Comb. another associate o fthe hall
aggregation
tom among lawyers. 10 permit at
torneys representing parties in in
terest. particularly fthe state, TO
appear as associate counsel i'm the
trial OF such causes. Atty DuComb
followed the lead OF Sheriff Duck
when Pros Schwartz offered his
services 20 him. and virtually re-
fused him the privilege Pros
Schwartz stated today that i'm con-
sequence OF this apparent friendH-
ness between the parties in contest
likely 10 result in no effort in re-
sistance OF the injunction. he will
enter his appearance. "amicus
curiae"-as "a friend of the court. A"
and defend Judge Montgomery s
order 10 the last notch Il is CON
tended that courts of concurrent
ike-jurisdiction. cannot restrain
execution of the orders Of each
other. and that such orders can be
restrained only by process of a court
OF superior Jurisdiction
Understanding Apparent
That the filing of the injunction
case is the result OF understanding
between the parties thereto. is also
considered probable from the fact
that when an effort was made last
night 20 locate Sheriff Duck at his
residence. lady az the house
stated that he had left about an
hour previous for a meeting at a
lawyers offce. the office OF City
Atty Slick. The sherin at another
time. evidently regarding his per
sonal feeling in preference to his
ofhcial duties. or the orders OF the
court. is said 70 having expressed
himself as not wanting the liquor
and prefering not 10 take II.
IL was stated today that the in
junction was dled and granted by
Judge Funk but a few moment:
after Judge Montgomery issued nj
order Wednesday. which would ap.
pear 20 indicate that City Atty
Slick had been taking advantage o
the various delays which ne haC
prayed az The hearings in the su