The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1923-08-16
Attorney General Ekern UphOlds District Attor-
ney's Office in Plan to Use Federal
Nuisance Act Here
WILL HAVE STATEWIDE EFFECT
ymmonds to Take Immediate Action Against Ideal Inn
at Devils Elbow and State Line Inn, Two
Soft Drink Parlors

The federal law, for the closing Of
,ft drink property, where hard liquors
&c being dispensed, may be worked
trough the local courts. An opinion
this effect rendered by Herman l.
kern, attorney-general, was received
the office of the district attorney
oday.
Prosecution to close two Kenosha
county soft drink places, where liquor
lassbeen found in raids, will be started
Immediately, according to Frank 5.
;ymmonds, district attorney. They are
he State Line Inn, operated by John
5chmidt, and the Ideal Inn at Devils
ilbow on the Kilbourn road
Closed for Year.
The federal statute provides that Ii
iuor dispensaries may be closed for
me year as public nuisances.
The opinion of the attorney-ge general
will have a statewide effect, local Off
:ials say. It has been watched for
Nth interest by authorities in Other
ounties throughout the state. Officials
f the Anti-Saloon League were today
Gifted Of the opinion. This was done
response to their request to be kept
osted on the developments. They will
Immediately forward the decision to all
NV enforcement officials throughout
lie state.
Cuts Red Tape.
The fact that the federal law can be
orked through any court having Jur-
,diction inAequity, cuts practically all
,e red tape, John Kuehnl, assistant
tstrict attorney, said today. He ex-
lained that there is so much tape
,nnected with the state closing law
to make it practically unworkable.
It is first necessary to get permits
on from the Encouragement to start
te state proceedings for the inJunc-
on. Before the place can be closed,
is necessary to go through practtc-
ly all the routine again to prove that
e Injunction has been violated.
@ Federal Law Has Teeth.
The federal law, Mr.. Symmonds said,
& teeth that can be used without re-
firing weeks to unlock the jaws. A
deral closing injunction, he said, is
most serious matter to tamper with
said that after one or two men ge:
ocked into state prison by this high
ltage federal law, the rest will quit
cling with it.
The ability Of local enforcement Off
rs to bring the federal law into play,
II do more to mop up the booze flow
in the county than anything that
occurred since the dry laws went
to effect, Mr.. Symmonds said.
Possibilities Discovered Here.
This new phase of the liquor en-
rcement was discovered by John F.
lehnl at the request of the district
torney. For several weeks Kuehnl
ade an intensive study of all laws
raining to the enforcement of the
y laws. At last the clause in the
deral statute was discovered. It
emed legally feasible, but it was de-
led to send the discovery to Madison
the highest state opinion, before
was put into operation.
Mr.. Symmonds said that after months
dealing with liquor prosecutions he
und that the saloonists took the raids
Id the 500 fines as matter of
,urse. They figured them as sort of a
cense fee, he said. 1t was found that
leyN had practically no effect upon the
quor business and that until some
ring more drastic was used, there
ould be no possibility of stamping
ut the liquor violations in the county.
was then that the study of the laws
as made.
The Opinion.
The opinion of the Encouragement
blows:
ITO John F. Kuehnl, assistant dis
rict attorney, Kenosha, Wis:
"A district attorney of any county in
ne state may bring an action in a
tate court in the name of, the United
tates Of America to enjoin a liquor