The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1923-08-30
BRTTT0N FILES
AN INJUNCTION
Police Officer Starts Fight
Against Sentence Imposed
After Hearing.
WANTS ENUMERATION
Secures Injunction to Prevent
Sentence From Becoming
Effective.

Patrolman Edgar Britton, who sew
eral days was found guilty Of
charges unbecoming a police officer
as result of the hearing before City
Manager c. M. Osborn, sitting as a
Police and Fire Commission, on the
complaint filed by Harry M. Baldwin,
a Kenosha coal dealer, and who was
sentenced to be deprived of five days
off, began his fight for exoneration
this morning when he secured an in
junction to restrain City Manager
Osborn and Chief of Police Thad
Logan from putting the order into
effect. The injunction was secured
from Court Commissioner Lewis w.
Powell, who also issued at the request
of the patroman, an order to show
cause why this injunction should not
be made permanent. A hearing on the
order to show cause will be held next
Thursday morning, September 9TH
at ten o'clock before the court
commissioner,
Attorney L. f. Vaudreill, legal coun-
sci for Britton, declared that the in
junction secured this morning was
but preliminary step taken by the
police officer in anticipation of carry
ing an appeal to the circuit court.
Wants Complete Exoneration.
"Patrolman Britton feels that The
sentence was not severe, but he is
seeking complete generation" ex-
planned Attorney Vandreill. eve have
just begun to fight this case and in
the belief that the police officer was
tentirely within his right as repre-
sentative of the arm Of the law, the
appeal will be taken into the courts.
A formal appeal, based on exception
to the general finding of the board
that the patrolman was guilty, will be
filed within the time set by law The
injunction secured today was merely
to prevent the order from going into
effect before a court hearing can be
held on the appeal for new trial"
Attorney Vaudreill explained further
that the appeal would be based on the
contention that the decision of guilty
handed down by City Manager Osborn
was not in keeping with the testimony
presented at the hearing.
Claims Sentence is Void.
The injunction filed today maintains
that the sentenct depriving Patrolman
Britton of his days off, is contrary
to the provisions of the recent law
passed by the recent state legisla-
ture. The injunction cites the fol-
lowing section of the laws:
"The council of every city of the
second class shall provide for and the
chief of the police department shall
assign to, each policeman in service
of such city, one full rest day of
twenty-four consecutive hours during
each 1872 hours, except in cases of
positive necessity by some sudden and
serious emergency which in the judg-
ment of the chief of police demands
that such day of rest be not given
at such time. Arrangements shall be
made so that each full rest day may
be had at such time or times as
will not impair the efficiency of the
department"
City Attorney Randall will appear
for the city at the hearing next
Thursday morning. Attorney Walter
W. Hammond, who represented H. N.
Baldwin, the complainant at the form
er hearing, declared that while his
client was willing to abide by the de-
cision of the city manager, he was
not averse to carrying the case to a
higher court if the defendant insisted
on such action.