South Bend news-times. (South Bend, Ind.) 1913-1938, 1919-04-20

ri -
that injunction cases brought 10 aid the en-
IL forcement Of the prohibition law. being pre-
ventive OF violation in their way. are Of an
emergency nature indicates a harmony between
the superior circuit courts Of this county that
naturally does net set very well with the legal
defenders OF the booze vendors
DELAYS are and always have been. pet resort OF
practitioners in the courts. for temporarily evadng
issues that they are not anxious face: also medi
cines that they feared the clients might have
10 take The attempt TO have the Barrett injunction
case set down as ordinary civil to take its
order OF the calendar without special setting thus
wsrding of the trial. perhaps for months appears
very likely 70 have made FOR delay purposes.
and that IT should been taken from the circuit
the superior. after the former had ruled on
the emergency issue. the attempt then being re-
pested evidences such purposes quite beyond doubt
Declaration upon the matter by Judge Mont
gomery. going into the law carefully in advance Of
his decision adds 10 the significance OF the harmony
between the two courts. Since change OF venue
was asked from Judge Funk. because Of his prompt
decision on the emergency question. setting forth
that he was biased. prejudced, etc" though
formaity OF words the blind-pig defending lawyers
hoping for succor elsewhere. it is significant that
Judge Montgomery ruling. after taking the matter
into full account, upholds Judge Funk, whereupon
the biased prejudced. etc" formslty falls fatter
than ever
or the whole the tendency OF liquor cases in the
upper courts very satisfactory. particularly 70
those who believe that laws made to be obeyed.
and if obeyed. then enforced. The granting of
the injunction Friday against the Avenue hotel. put
ting It out OF business is the fudi'neut Of con-
tention for which have stood since the pro-
hbiton law went into effect. Prevention is better
than cure, and men are just trhe indeed,
siderable more careful about violating the orders
Of the circuit and superior courts than they are
about keeping OF the clutches OF the city court.
Besides the unreliabfity OF juries such cases,
under Indiana system is proverbial It looks now
as though all the other injunction cases except
those of Tony Barrett and Fife Tyron, would fol
low the course of the Avenue. Defendants will
confess judgment and either give bond for their
ruture behavior close up entirely
There nothing vicious about the injunction
process unless the injunction violated. and then
b. becomes direct contempt OF the court issuing
the order Based upon the finding that the premises
which il applies is common nuisance through
the sale OF liquor commodity that has been
lawed as the most damning. character wrecking.
brain destroying soul-sapping influence outside OF
hen-the injunction orders il stopped. and that the
place be closed for year. until a bond for $1,000
is furnished conditioned that the nuisance will he
kept abated. The place may be reopened then but
the sale OF liquor must not be INDUCED.
why should man. or a woman. who to
obey the law, fear such order; the giving OF
such bond. Though OF course. such evidence
not be expected to satisfy the courts the layman
the mere that a fight made against such
proceeding carries conviction that the respondent
wish o put
tempt obligations TO the court for violation of its
orders. Barrett. instance having piled his
game throughout the years without much molesta-
tion. saved even At times by the mysterious art of
turning whisky into water doesn't propose to be
hsmpered by serious a process "a
injunction and a bond. il he help il.
And that is the gist OF the whole matter Efe
Tyron- Rogers similarly. Their allegiance 10 John
Bsrleycorn exceeds just that degree. their al
Iegiance 10 the state, or the civilization in which
they lve.-so iet them fight and take the medi-
cine which the courts may deal them. their cases
once legally diagnosed they being diagnosed.
and maybe they will feel better