South Bend news-times. (South Bend, Ind.) 1913-1938, 1919-07-13

ma We A|AAhrUAAAU AAAN DNfM Sc
cured TO defend Duck and further
that the case was 10 be given a hear
ing Friday morning
Now. my contract or rather my
duty. as county attorney compels me
to furnish legal advise TO all county
boards and officials and represent \
them in all suits growing OF Of their I
Official duties. except where the
county is at stake. had previously /
told the sheriff that I would repre-
sent him at any time and on several /
occasions I have given him. as well \
as other county officials. advice
Relieving that the sheriff had Sc 4
cured an attorney because he was I
unable 10 communicate with me /
called him Thursday night. The 1
sheriff however. informed me that /
ne did not need my services since /
Mr.. DuCOmb offered his services and |
the fee would not be much. ] tsated ]
at that time that the county is pay !
ing me TO represent the sheriff in all /
cases and that ! had simply called I
ing legal counsel / did not want TO /
take the fee away from Mr. DuComb 1
but was simply acting in my capa-
city OF county attorney 10 let the I
sheriff know that / was here and I
ready to do any swork that ne want
ID me 10 DO.
AT first / thought the sheriff had (
employed CORTLAND p. DuComb. a /
Temperance advocate. and certain |
~ would mt in any way attempt TO |
interfere with his work"
Expense Attitudes Change.
Sheriff Duck complained TO Judge (
Montgomery about the possible ex- I.
pense OF taking the liquor. and want (
ed TO make sure that ne would be !
compensated but in the employment I
of attorneys 20 get rid Of taking the /.
liquor it Is pointed out, that he is
not so particular about the expense. F..
that is. If there is 20 be any. There /
has been some speculation as 10
whether or not DuComb. as counsel !
for the defense in the injunction !
case, was 10 be paid by the COM
plainant or the city hall machine.
The writ OF prohibition was served f.
Saturday morning by City Atty
Slick counsel for the city and Chief
Kline. acting as messenger for the
appellate court. and explains the
maneuver involved I'm Fridays stip-
ulat'On between the complainant and
respondent in the Injunction case. /
TO adjourn until Monday possibly |
calculated TO afford the city attor-
ney time in which TO get before the /
appellate court. which is a court OF !
reviewing powers. The writ of pro
htbitiOn renders further considera- |
ton OF the injunction case by Judge !
Funk unnecessary. IT is said.
Court Issues Writ
The writ of prohibition. however /
is directed not TO the sheriff. but
Judge Montgomery and Pros
Schwartz. tying their hands regard !
less OF what the circuit court might /
held The writ follows:
Now. therefore. YOU are
hereby ordered and commanded
and restrained from enforcing
the order Of July 3. 1919. or
any other order made by said
defendants, Judge Chester r.
MONTGOMERY in the said cause
n
zimm ,r and Eugene Dambacher
directing the sheriff OF St Jo-
scph county TO secure and hold
certain intoxicating liquor des-
cribed in said order. from this
relator and 20 refrain from any
other further proceedings in
the execution OF said order un-
I'll the return OF this writ and
the further order Of the court
thereon and 10 show cause on
the eth dsy OF October 1919.
at ,. m. o'clock on said date.
why YOU should not be absolute
~ restrained from any proceed
;ngs IN the execution OF said or
der. and have YOU then and
there this writ:
Witness the clerk and seal
IT said court this 18th dav Of
July. 1919.
Patrick 7. Lynch. Clerk. 5. c.
Appellate court. State of Indi-
ana.
Writ OF prohibition.
state OF Indiana
Tvs
Chester r. Montgomery.
Judge NJ the 81. Joseph Supe-
rior court.
Sonuel T. Schwartz. prose
cutting attorney OF St Joseph
county
Accordingly, until oct. 7th al
ieaRt. the superior court Is prohibit.
ed for proceeding further 10 pre-
serve the evidence essential 20 en-
forcement OF the prohibition law I'm
the particular case. Nobody knows
me kind OF representations made TO
the court 20 obtain the writ. but
they are proba DIV sufficient TO salts
~ It's Judgment for temporary pur-
poses same as were those submitted
10 Judge Funk. 10 allows the LIQUOR
approximately three months more
time in which 90 evaporate or de-
generate into water. while remain
ing in the hands or the police fol-
lowing the course OF the Tony
Barrett and Tom" Ward evidence
FOOLISHNENT
There was young lady named
skinner,