The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1925-07-30
Orders PERI to Put Up
Bonds of $500 in Pad
lock Suit.
TAKES paddock OFF
While Paddock Must Be Re-
moved Defendants Must
Prevent Law Violations.

hearing in the case when Dominica
PERI and his wife, Josephine, were
ordered into court to show cause why
tne paddock injunction should not be
made permanent. While the paddock
was ordered removed from the build
ing since it is not now considered
as nuisance in the eyes of the law
having been empty for the past two
months the defendants were ordered
to put up bonds of $500 to the United
States government TO back up an as
surance that no intoxicating liquor
will ever be manufactured, sold, kept,
or bartered or the premises" And
hereafter If any such violations should
ever be found against the place, the
owners of the building will have to pay
the costs and fines Of the action, re-
CARELESS of who operates the bust
ness on the premises. The decision
states in addition that the entire costs
of the action brought by District At
torney Powell, acting as United States
district attorney, with the United
States of America as plaintiff, shall
be paid by Robert Rein.
The order of the court deciding the
case Is lcHktNIy uOCuACAt anu 6NSS
into every detail Of the case.
Reviews the Evidence.
"It appears that Robert Rein rent
ed the premises in question of the
Ferris at rental of $25 per month
for the ostensible purpose of con-
Quoting a grocery store" declares the
judge in his opinion.
1t also satisfactorily appears that
Rein sold Intoxicating liquor upon
said premises in violation of the ma
tional prohibition act. 1t is undis-
puted that the defendant Robert Rein
did thus violate the act on three or
four occasions between Jan. 8 and May
% and that he was arrested for. each
of said violations and pleaded nOs
guilty to each charge.
much publicity was given by the
local newspaper to Rein's unlawf Il
practices aforesaid, and especially
when it became known that the Dis
trict Attorney of Kenosha County
would institute proceedings under the
national prohibition act against these
defendants. &
Undoubtedly these violations of
the law on the part of Rein conssitu-
ted the premises wherein and whereon
the violations were committed "a COM
mon nuisance" and subjected Rein to
the penalties provided by the act
Building Now Empty.
"The court is not satisfied by the
evidence that the defendants Pcr1i
had actual knowledge Of the several
violations but because of their knowl-
edge of the several arrests and the
publicity given them. is of the opin-
ion that the defendants PERI and
reason to believe" the premises in
question were being used for the sale
of Intoxicating liquor, and that al
though they notified Rein to vacate,
they instituted no legal proceedings
to compel him to do so, and therefore
the conclusion follows that they "suf-
or used" for such unlawful purposes
by Rein. Inasmuch, however, as Rein
vacated the premises with all his be-
longings before this proceeding was
actually commenced, and the place is
not now occupied, and the defendants
PERI had no actual knowledge of the
violation by Rein and declare in open
court that the premises will not here
after be permitted by them to be used
for unlawful purposes the court is
not disposed to subject the property
to the lien provided for by the act.
Can't Evade the Law.
at is contended by counsel for the
defendant that the court may not now
issue an injunction because there was
no continuing and existing violation
of the act at the time this proceed
ing was instituted. If this were so
the purpose of the law and the pro-
ceeding might easily be evaded by tenn
porary cessation of the unlawful bus
mess upon the premises and subse-
quent resumption thereof. The court
is satisfied that proper interpreted
ton of the act requires the conclu-
sion and finding that the material
allegations of the petition filed by the
plaintiff are true, and that an injunc-
ton should issue, ordering that no
liquors be manufactured, sold, barter
ed, or stored in or upon the premises
in question or any part thereof. The
circumstaces and condition shown by
the evidence do not require the abate-
ment of nuisance, does not now
and did not at the commencement Of
this proceeding exist, or that the
premises in question shall be accupi-
ed or used for one year thereafter
but that the court may in its dis
erection and does permit the premises
to be occupied or used if the owners
thereof shall give bond with suffi-
cient surety to be approved by this
court in the penal and liquidsted sun
of five hundred dollars payable TO the
u. S. conditioned that Intoxicating
liquor will not thereafter be sold, bar
tered, kept or otherwise disposed of
therein or thereon and that they will
pay all fines, costs, and damages
that may be assessed for any violation
of the laws upon said property there
after.
No costs of this proceeding are as
costs to be taxed are assessed against
Rein.
Powell Says 'T'm Satisfied"
District Attorney Powell expressed
complete satisfaction in the decision
of the judge in this case 1T gives US
complete victory in principle, even if
it does not take the lock of of the
door on the building. We now have
the assurance that with this ease as
precedent we can go ahead with other
cases which we have been getting
ready for preparation for paddock in
functions with reasonable assurance
that they will be upheld by the courts"