The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1927-10-31

Superior Judge Joseph Miner
this afternoon ruled that Ira
Holmes "is not mayor and never
has been mayor"
AS Superior Judge Joseph Miner
prepared to hand down his decision
as to whether the restraining order
barring Ira M. Holmes from inter-
fering with Claude E. Negley, acting
as mayor of Indianapolis, should be
lifted this afternoon, the twin may
ors" INDUCED in a new game Of mu-
nicipal chess, the moves Of which
stood thus:
/. Holmes was ready TO file new
motion asking his immediate REIN
statement in the mayors Office,
which he contends he possessed be-
fore Negley barred him by putting
on new locks and posting q police
guard. II he won this ruling he was
to ask the judge to direct the sheriff
to take him to city hall, escort him
past the Negley guards and
practically "install" him as mayor.
2. Negley planned to sit right in
the mayors chair throughout the
afternoon court proceedings, upon
the theory that in case Holmes
should win a court ruling, actual
possession of the Office would be
valuable point in an appeal to a
higher court or in the institution OF
some new legal action.
Stays In Office
3. Negley continuously has held
the Office since he declared he was
going to be mayor in fact as well as
in name Saturday.
4. Holmes sat in the mayors re-
ception room for a while, but re-
Trained from endangering his posi-
ton by making any move which
might be construed as in violation
of the restraining order.
5. In case Holmes made any
move with view of having Negley
declared in contempt of court, the
Negley attorneys had marshaled a
set of counter facts concerning
Holmes activities, such as his mail
ing of notices to various city officials
informing them they were "out" aft
er the restraining order was Issued
early Friday morning.
Holmes Holds Trump
Holmes best card appeared TO be
his contention that Negley, by use
of the police power, had taken
possession Of the mayors office,
thereby reversing the status quo.
The status quo. Holmes contends,
had Holmes in possession Of the
office. He contended that a restrain
ing order merely is for the purpose
of keeping the status unaltered
until some court finally settles the
question involved.
Since, Holmes contends, Negley
has changed the status quo, there
are several decisions which would
give Judge Miner authority to hold
that Negley has violated the re-
straining order. 10 dissolve the order
and Immediately reseat Holmes.
If Holmes loses this afternoon, he
is expected to resort Immediately TO
State Supreme Court for a writ Of
prohibition along the lines OF his
contention.
Holmes based his contention to-
day upon these citations:
THUS where a preliminary In
junction forbidding the defendant
from taking possession Of certain
land improvidently is issued after
he has taken possession, and the
complainant retakes possession
pending the injunction, defendant is
entitled on dissolution Of the In
junction to q writ of restitution.
For a complainant thus TO violate
his own injunction when the evi-
dent purpose Of it is TO preserve the
existing status until a final adjudi-
cation, is such an abuse OF the
process Of the court as warrants its
dissolution.
From the dissolution Of an In
junction against a defendant for
forcibly entering, the court should,
on his motion, award him writ Of
restitution to restore TO him the
possession which he yielded under
the injunction" Paragraph 344,
Joyce, ION Injunctions."
Stays Second Action
"The only function Of an injunc-
ton is TO stay second action and to
suspend the conflicting claims Of
right Of the respective parties where
they then are until they properly
can be adjudicated. And so
it must necessarily follow that to al
low one party to obtain an advan-
tage by acting when the hands OF
the adverse party thus are tied by
the writ or the order for 1t, Is an
abuse Of legal process which cannot
be tolerated. Lake Shore r.. r. VS..
Taylor, Illinois.
Holmes reached city hall after
Negley this morning and found
Negley thoroughly entrenched be-
hind two doors and a police SER
geant.
Holmes made no effort to pene-
trata IN tha ipnpr of4co and 1nff