The Providence news. (Providence [R.I.]) 1891-1906, 1896-07-30
NO HELP GIVEN.
Judge Colt Denies Petition
of Pool Room Men.
Refuses to Grant An Injunc-
tiOn Against Police.
Company Has No Legal Right to Do
Business In This State.


und Money transfer Company which the
Pewtucket police declare is nothing but
pool selling concern, have sustained
signal defeat In their efforts to have the
United States Circuit Court help them out
by issuing an injunction restraining the
police from interfering with their busi-
ness. Arguments were made some days
ago on the motion for a preliminary in
junction ana today Judge lie Baron Is.
Colt handed down his decision denying
the motion. Judge Colt says: This is
bill in equity for an injunction brought
by the Electric News and Money Transfer
Company, a corporation organized under
the laws OF the State OF New JerJey,
three police constables of the city
of Pawtucket i'm this district. The bill
alleges that the defendants have unlaw-
fully entered upon and taken possession
of the complainant's premises in Paw
tucket, and have forcibly prevented the
complainant from transacting its Iegiti-
mate business, and have forcibly ex-
cluded from the premises all persons de-
sirous of trsnsactipg business with 1t.
The bin prays that the defendants may
be temporarily and perpetually epjoined
from further entering upon and occupy
ing the said premises, and from exclud-
ing tnerefrom persons desirous OF trans
acting business with the complainant.
The present hearing was had on motion
for preliminary injunction. Upon this
motion aifidsvits have been presented on
both sides and oral arguments heard. IL is
p fundamental rule that a court of equity
Will not grant the extraordinary relief
called for by this motion unless X clearly
appears upon the face Of the papers that
the complainant has legal standing in
court, and 1. any serious dou bt exists
upon this point the motion should be de-
MED and the case 60 over until q full
nearing can be had upon the merits.
Every state has right to prescribe the
conditions under which a fCreign corpora
tion shall be permitted TO carry on busi-
ness within its borders.
Section 36 of CHAPTER 253 OF the General
Laws OF Rhode Island provides as fol-
lows:
"No corporation, unless incorporated
by the General Assembly OF this State,
or under general law Of this State,
shall carry on within this state the
business for which II was incorporated
unless it shall have complied with the
following sections of this chapter" These
sections provide for the appointment OF
a resident attorney TO accept service of
process, and section III declares that
"No person shall act within this State
as agent or officer OF any such foreign
corporation, unless such corporation shall
have appointed an attorney as hereinbe-
fore provided, and every person so act-
ing shall be fined one thousand dollars"
The complainant Is foreign corpora
tion esta olished under the laws OF New
Jersey. Ii has not complied with tho
foregoing statutory provisions OF the
State of Rhode Island. Ii has, Therefore,
no legal right to transact general busi-
ness under its charter within this State,
and 1t follows that it cannot invoke the
aid of this court TO prohibit the defend
ants from interfering with business
which it has no legal right to carry on.
This of itself Is a sufficient ground Tor
denying the present motion.
But assuming that the complainant has
complied with, laws Of Rhode leland re-
spectng foreign corporations transacting
business within its limits, the charge Is
made that 1T is carrying on the business
of pool selling in violation OF sections IL
and q of chapter 2S3 OF the General
Laws.
This is the real ground upon which
the attendants justify their acts in inter-
feripg with the complainant's business.
Pool selling being unlawful, the de-
PENDANTS contend that il was their duty
to enter any building where such unlaw-
full practice is carried on, or permitted,
and to compel all persons to depart there
from. General Laws OF Rhode Island,
chapter 90, section 8, chapter 1O2, sec-
tions is, IL.
III the complainant has not fully met
and answered this charge 1t Is clearly the
duty of the court to deny the summary
relief now asked for. Where the police
authorities OF city, acting under the
direction of its proper lega! adviser, have
good reason to believe, upon evidence
f,A hpxy hat nr N
company IS doing business prohibited
by the local law, "A Federal Court, upon
q summary hearing of this character.
should be satisfied, beyond any reason
able doubt, that the business carried oil
is not in violation OF law before 1t Will
intorpose the stong arm OF an Injunction
order.
Upon the proofs submitted, the com
plaInant has not satisfactorily answered
the charge OF pool selling. The aiiidavits
OF the defendants are clear and specific.
This proof Is sought to be overc ome by
deniais of general character. III the
complainant Is not engaged In pool sell
ing it's officers should meet this charge
by clear and explicit statement to that
effect.
1t Is in evidence that the manager and
clerk OF the complainant nave been ar
rested, sdjudged probably guilty, and
bound over by the District Court for the
tenth district on charge OF violating
the law for pool selling.
At this stage of the case the court Is
not called upon TO determine positively
tho quit or innocence OF tho COM
plainant.
Tt II sufficient to say that tho COM
plainant has not made out a case no free
from doubt as entities Il TO the summcsy
relief now prayed for.
For these reasons preliminary In
junction IL denied. Motion denied.