South Bend news-times. (South Bend, Ind.) 1913-1938, 1919-07-13
Chief Kline InvOkeS More
Temporary Advantage in a
Fight to Keep Booze.
Restraints COUNTY OFFICERS
New Light Thrown on Wiling
ness of Sheriff Duck in
Facing Injunction Suit.

Writ Of prohibition in effect in
this case. prohibition to prohibit pro-
hibition-issued out of the Indiana
appellate court. was served on Judge
Chester r. Montgomery. OF the SUI
periOr court. and Pros Samuel p.
Schwartz. representative Of the
state. to STOP further effort on their
part TO take from Chief of Police
Kline the whisky held by the police
in the thinner Dambacher liquor
cases-pending hearing on the
writ oct It'll.
This proceeding, according 10 City
Atty Slick is independent of. and
I'm addition 10 the injunction pro-
ceeding pending before Judge Wal
ter a Funk. in the circuit court-a
tribunal of concurrent and equal
Jurisdiction with the superior court.
to restrain Sheriff Lou B. Duck.
from executing the order Of Judge
Montgomery by taking the liquor
from Chief Kline. for safekeeping to
be used as evidence in the thinner
Dambacher trials
Mere Pcrfunctory Order.
Contrary TO efforts on the part OF
the city administration organ, and of
the city attorney, to make it appear
that there had been any hearing in
advance Of the issuing OF the writ
the fact is that the appellate court
is not in session, and the order was
directed by one Of the judges at
chambers. upon fling Of the petit
ton, "as a matter of course" The
only unfortunate thing about it is
that "A hearing cannot be had until
the court convenes again, hence the
date set for Oct. z. The administra-
tion pretense that there was a hear
ing or the petition. more than TO in
form the court as 10 what il was
about. and that the writ issued eth
cr from decision on the law or the
merits Of the case. is characterized
BIZ lawyers as curbstone pettifog
gerry
Whether the writ of prohibition is
calculated to prohibit Pros.
Schwart from seeking TO appear in
the Injunction case. il behalf OF the
'stae. as an interpleader in Indi-
ana's behalf the town lawyer does
not state. but along with the court
he is restrained TO refrain from any
said order" pending the hearing. In
legal circles. the prohibition writ,
summary affair. Is regarded as a con
fession on the part OF the city that
= its suit before Judge Funk stood on
slender legs. due 10 the conflict OF
jurisdictions. and that the appeal TO
"A higher court had been taken
against the superior judge and coun-
ty prosecutor. TO stop them from
proceeding farther until fall even il
the injunction suits should fail.
Buck Willing Defendant.
Meanwhile more evidence comes
10 light OF the Willingness on the
part of Sheriff Duck TO be enjoined
rather than offend his old friends in
the liquor business, or have any fall
out with the city hall political ma
chine by stirring up its whirlpool Of
rottenness Such evidence comes
from circumstances surrounding the
employment OF Clifford DuComb To
defend Duck IN the injunction suit.
and persistent efforts to keep the
state from being represented in such
defense. a matter in which the
state is vitality interested. DuComb
IS regarded in legal circles as a mere
stool pigeon" for the city attorney.
who is his frequent preceptor in le-
gal matters. the possibility OF which
-Stool-pigeon" Is further borne
out BY a confession made by Sheriff
. Due ktO County Atty. NaCkibbiu
That the county attorney. If not
the prosecutor. should represent the
sheriff in the case. both being en-
nloyed by the state for the purpose,
loCmed up big in legal circles Fri
day, fOllowing Judge Funk's tempo
rary refusal 10 permit Pros.
schwartz 10 enter his appearance.
even as a friend OF the court County
Atty. MacKibbin. when approached
yesterday as 20 why he had not be
come interested. Duck being said %
have complained gave this explain
alton. and version Of the affair.
Thursday night I returned from
fNfnkrrrArr~f-Ta rtN- Daf-U~ lr1Frp