South Bend news-times. (South Bend, Ind.) 1913-1938, 1919-11-18
F INK RULES WITH
~CITY IN LIQUOR
INJUNCTION CASE
Final Findings in Case viii be
Given in Circuit Court
Wednesday.

Holding that when Judge c. P.
Montgomery OF the St Joseph su-
-perior court allowed Chief OF Po-
lice Kline 20 file a motion 10 be
heard on the order OF the court d.
recting Sheriff Louis 3. Duck TO take
possession on a quantity Of liquor
held by the police as the result Of
a raid on the thinner -Dambacher
warehouse. he made the proceedings
contestable. and that when the judge
OF the superior court accepted bond
for the appeal from its decision, II
relinquished all Jurisdiction in the
case. Judge Walter a. Funk Of the
ST Joseph court Monday ruled with
the city OF South Bend in its injunc-
ton proceedings 20 restrain Sheriff
Duck from carrying out the orders
OF the superior court.
Judge Funk announced Monday
that ne would rule on the final ind
ings OF fact in the proceedings We'd
nesday. The special findings will be
prepared by City Atty. Thomas W.
slick and will be presented TO the
attorneys for the defense. Pros.
Samuel z. Schwartz, representing
the state Of Indiana. and Stuart
MacKibbin and Clifford DuCOmb
representing Sheriff Duck.
In handing down his decision
Monday Judge Funk declared that
when Judge Montgomery OF the SUI
perior court allowed Chief Kline TO
file a motion TO be heard in the or
der OF the court to the sheriff, the
proceedings then ceased 20 be eX
parte. and Immediately became con-
testable. He also declared that when
the superior court fixed the amount
or the appeal bond in the proceed
ings. II relinquished all jurisdiction
in the case. and that the proceedings
then pending in the circuit court in
!. no way brought up n conflict in the
Jurisdiction OF the two courts.
Upholds Demurrer.
Last Thursday Judge Funk up
held the demurrer OF the city TO the
second paragraph OF the answer Of
the state and Sheriff Duck to the
complaint for the injunction, and in
doing this the circuit court held that
the subject matter OF the proceed
ings in the superior court was ap-
pealable. The state and the sheriff
held that they were not.
Judge Funk Monday also held that
the appeal by the city now pending
in the appellate court is from the
order of the superior court 10 the
sheriff as well As from the action OF
the court in Overruling Chief
Kline's motion 20 set aside the order
of the court 20 the sheriff
The ruling of Judge Funk Mon
day is the elimination in the county
courts OF proceedings growing out
of a raid by the police department
on the thinner Dambacher ware
house last July. and quantity OF
American Pride liquor being taken
from there.
Fail to Sign Amdavit.
After the raid. Pros. Schwartz en-
deavored to have either the chief of
police or the assistant chief Will
liam Cassidy. sign an affidavit
against thinner and Dambacher.
The chief and his assistant re-
fused
Shortly prior to the raiding OF the
thinner Dambacher ware h Gus Q,
there had been a mysterious chang
ing of whisky held at police head
quarters as evidence into sugar and
water. Pros. Schwartz made a de-
mand on Chief OF Police Kline for
the whisky taken in the thinner
Dambacher raid. Chief Kline refused
10 turn over the liquor 20 either
Pros. Schwartz or 20 Sheriff Duck.
Then Sheriff Duck and Pros
Schwartz obtained an order from the
superior court, directing the sheriff
10 take possession OF the thinner
Dam bacher whisky. Chiel Kline at
tempted 10 resist the carrying out OF
the order by fling a motion with
the court to set aside the order The