The Savannah morning news. (Savannah, Ga.) 1900-current, 1900-09-15
INJUNCTION WAS REFUSED.
judge FnIIiRant Permits Miss stew
art 90 sing Where she VIII.

Judge Falllgan,. a. the conclusion of the
arguments Of counsel yesterday morning
passed nn order dlss0ivlng the temporary
restraining order previously granted. az
the instance Of r. q. Massnrt against Liz
zie stcwars and refusing the Injunction
that was made the prayer OF the petition.
The case has been IN progress In one or
another Of its several forms and phases
for che past three or four days. and its
incidents are sufficiently familiar The
plaintiff In the case thas Judge Falligant
decided yesterday had a contract with the
defendant for her appearance a. the Royal
Music Han. Of which hc Is the proprietor,
and furnished her with ucket from
Tampa and lodging "a hts place pending
the beginning OF she term for which she
was engaged He also gave her credit nj
tho bar attached 70 the establishment.
The singer arrived I'm Savannah on
Thursday Of last week and stayed 40 Mas
snrt's place until Monday. when she de-
cldcd she would make q change Whether
she reached This conclusion 81 her own voc
llton or noe did not clearly appear IN owl
donrc the defendant stating on the stand
that she was influenced IN the transferral
of hcr attractions 90 the Alhamhra Music
/ Hon hy reason OF 'he plague Of rodents "a
the Royal As the testimony was that
rodents filled engagements al both places
of amusement. being present at both 10
about equal numbers. this statement 81 the
defendant WIS generally taken "cum
grano sails"
AZ any rate. however she did leave the
Royal and upon the refusal 81 the pro
prlefor 90 deliver her trunk sworc out
pus~eFsory warrant against him. This
warrans was settled finally hy the delivery
OF the trunk and the singers payment Of
the amount she was due her employer.
Judge FaiiiRants decision in the in
junction case was based on his concu-
sion that the evidenc. did not show the
defendant 20 be pass sscd Of any remark
able talent or unique excellence IA her
profession hut demonstrated. on the other
hand that she belonged 90 the class ~
common or garden music hal performers.
engaged ~ a stipend Of 50 per week ana
doing the same class Of work 81 which
the many are capable. The court held
that the contract with the plaintiff was
valid and enforceable one and that the
defendant had broken IL without rhyme
~ reason or the semhlance thereof hut
held further that 10 was not 81 the lin
ifCd class % contracts that could be en-
forced hy the writ Of injunction. Hence
the restraining order was dissolved ana
the application for a temporary injunc-
lion refused
Tho remedy for tn. plaintiffs wrongs.
according 10 the decision a the court,
o. by an action for damages for breach
% contract As the woman BE- totally In
solvent this. Of course IS no remedy at
an All that Massari can DO Ia the prem
ises . % compose his countcnance into
m. sambance Of a pleasing smile and
endure q with whatever Of fortitude he
can summon 20 his aid. lie
has announced his intention how
ever Of playing the same little game on
Gillen as he accuses Gildca ~
playing on him. giving d as his opinion
chat the game So decidedly more
interesting when 70 BE- two-ha nded.
than when IL E. solitaire As Massart
graphically DIES rifles the prospective sit
nnIInn- ~. me and him hnrnafler."