Free trader-journal. (Ottawa, Ill.) 1916-1920, 1920-03-05
JUDGE ELDREDGE RULES
NOTORIOUS RESORT
MUST CLOSE
INJUNCTION STANDS
JURiST REFUSES TO DISMISS
SUIT AGAINST FULTON STREET
DIVE - PROCEEDINGS PROVIDE
SALE OF FURNITURE TO PAY
COSTS or SUIT.

4 decree abating 1893 Fulton street
for at least one year, by closing II for
all purposes during that period was
allowed in the Circuit Court this ai.
ternoOn, when Mayor George Y. T..
Weeks injunction proceedings under
the Kate Adams (correct law was
threshed out before Judge Hldredge
The suit which was started by the
mayor as IA private citizen. named
Mrs. Kate Sacks as defendant Under
the court order the old joint which
has long played a varied careers in
Ottawa's life, will be closed for the
twelve.mOnths period and the furni-
Iure sold 10 pay for the court proceed
ings. Mrs. Sack, the defendant. did
not appear in court but was repre-
sented by her solicitor, G. s, Cullen.
The court room was about hall flied
with men who listened to the proceed.
ings, and two prominent ministers uC-
cupied seats within the rail
Mr.. Cullen entered n motion that
the temporary injunction issued BY
Judge Eldredge be disposed of as the
defendant was not served before the
writ was granted. He cited the gen
eral injunction law, requiring that 4
defendant be served before such an
order was issued. He declared that
neither in Mayor Weeks bill, nor in
his affidavit. had he shown a reason
Tor not serving the defendant before
the court signed the order prohibiting
her from using her home.
Mayor Weeks explained that his
bill set forth his prayer that the NOV
able contents Of the house be sold to
pay the costs Of the proceedings and
that by serving the defendant with a
notice that the injunction was ISSUED
she would have been given an oppOr-
tunity to move her personal property
and furnishings from the house He
declared that there was nothing to
prohibit him from starting another
suit and that If his original bill and
affidavit did not give sufficient reasons
for closing the house he would start a
new suit. He explained that his ac-
tiOn against Mrs Sack was not a law
suit or any kind OF a suit that would
be of profit to him, but was started to
D.
Judge Eldredge in denying Mr Cul.
len his motion, stated that the keep
ing OF such resort as the one al No.
1893 Fulton street. was a public nu-
sance and was not in accordance with
the law, aI that courts had drastic
action over such places. He explained
that il Mrs. Sack was not running the
place OF Ill repute, as she has been
charged with doing, but was living
in the place which she owned as IA law
abiding citizen, the injunction did not
affect her. He also stated that the
suit was brought by Mr.. Weeks in the
interests of the public and not for any
personal gain and that in suit
where ones personal interests were
not involved and injunction was not
the same as in suit where personal
interest Of the complainant were at
stake.
He explained that the law under
which the snit was started was IA new
one and one that very little construc-
tion had been given to. He declared
that the injunction only enioined Mrs
Sack from operating the place as a
public nuisance and that if she was
living there in a lawful manner she
was not affected by the writ
After Judge Eldredge denied the mo.
tion Mr. Cullen entered the appear
ance OF the defendant in the case and
consented to an immediate hearing
Judge Eldredge informed Mayor
Weeks that he would sign the decree
IN accordance with the prayer Of his
bin