The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1925-10-01
SEE LEGAL FIGHT
OVER PADDOCK
Paul Wojt Re-opens Sa-
loon In Spite of Injunc-
ton on Friday.
CLAIMS WITHIN LAW
Attorney Orders Him to Open
When He Finds LoophOle
in Federal Papers.

District Attorney Lewis Powell's
third paddock in the past few months
has run into considerable opposition,
it developed today. The federal in
junction issued against the saloon
owned by Paul Wojt at 1881 Salem ave-
nue. was served on Thursday afternoon
and on Friday the place was open for
business and running as usual.
Attorney Leo E. Vaudreuil, repre-
senting Wojt, explained today why he
had ordered Paul Woit to reopen his
saloon if he chose, and added in his
explanation how he had found loop
hole in the federal injunction papers
which were served on Wojt Thursday.
With the opening of the saloon
again in spite of the federal injunc-
tion signed by Circuit Judge p. B.
Belden and executed by the sheriff
there was seen an impending legal bat
tie that will test the entire injunc-
ton law as it is applied in Kenosha.
Considerable interest is being mani
tested in this particular case since 1T
is found that the two previous pad
locks already made permanent by cir
cult court order were brought under
the same statutes and anything con-
corning the one on Salem avenue like
wise effects the others.
Says He's Within the Law.
According to Attorney Vaudreuil the
papers which were served on Wojt were
thus served without hearing first and
for this reason the closing order can
not hold, he said. The statutes declare
specifically that a saloon adjudged as
q common and public nuisance may be
padlocked after the judge issues per-
manent injunction following hear
ing in court. This hearing has been
set for October IL in the circuit court.
The injunction further declares, points
out Vaudreuil, that the proceedings
suppress any activities in the place in
connection with law violation, and he
insists that as long as Wojt properly
operates the place within the law the
paddock does not paddock" And for
those reasons he has assured his
client that he is within the law in
continuing 70 operate legitimately,
without mourning any court contempt
charges.
What the Paper Says.
An investigation into the papers
served in the case brings out the fol-
lowing statement shown in the COM
plant: complainant Gin this case
the United States of America) prays
that it be granted restraining order
and temporary writ of injunction,
pending the final hearing and decision
of this case, and defendants be en-
joined and restrained from conducting
or permitting the continuance of said
public and common nuisance upon the
said premises and from removing or
in any way interfering with the liquor,
or other things upon said premises in
connection with the violation consti
tuting said nuisance, and that the
court pronounce judgment ordering said
nuisance to be abated, and that said
premises shall not be occupied or used
and shall be locked up and closed un-
til the further order Of this court, and,
that upon final hearing the said in
junction be made perpetual"
Ordered to Show Cause.
Then in the rule to show cause also
served on WON at Inc same time, the
circuit Ncourt judge declares that
pending the final hearing and de-
termination of this cause and entry Of
a final decree herein the defendants
above named are restraint and en-
Joined from manufacturing, selling,
keeping, or bartering any intoxicating
liquor, as defined in Section One, Title
Two, of the National Prohibition Act,
UPON the premises described in the
complaint, and from removing or in
any way interfering with the liquor or
fixtures or other things upon premises
used in connection with the traffic of
liquor, and from con-
Quoting or permitting the continuance
of the common nuisance upon said
premises
What the next step would be in the
legal battle was not indicated. Dis
trict Attorney Lewis Powell is in Mil
waukee today and it was said that as
soon as he viii return his ofice
would take action Of some sort