The St. Louis Republic. [volume] (St. Louis, Mo.) 1888-1919, 1902-01-05
TELEGRAPH COMPANY
WINS IN TWO COURTS
Judge Ryan Temporarily Restraints
Police Board From Making
Raids on Premises.
SOON TO HOLD FINAL HEARING.
Fortnight Persons Arrested in
Pine Street Place Are Dis
charged in South st.
Louis Police Court.

The city lost in two courts yesterday in
its efforts to suppress the Southern Tele-
graph and Money Order Company at Third
and Pine streets. Forty-eight persons ar
rested at the company's place We're dis
charged in the South st. Louis Police Court,
and Circuit Judge Ryan granted a tenn
porary injunction restraining the Board OF
Police Commissioner from raiding the
company's premises or interfering with its
patrons.
The restraining order contains a clause,
however, that, pending the hearing of the
case on its merits. if any violation of the
city or State law is committed on the
~company's premises, the police are not de-
barred from making arrests or conducting
prosecutions.
Judge Ryan based the granting Of the re-
straining order on the lack of evidence that
the business of the company is unlawful.
If. on the final hearing of the case, It
should appear that the company, under the
guise of a telegraph company, is engaged in
evading the laws of the State respecting
gambling. the injunction should be denied.
Judge Ryan states that. while a court of
equity should be slow to interfere with the
Police Department. it is equally true that
it should, in an extreme case, as the pres
ent appears to. be, protect the properly
rights of law-abiding citizens from unwar-.
ranted destruction. To hold that a court of
tpdtN S'UbN W. AihN ~ 49,
by the city, would be to say that a legiti-
mate business. lawfully conducted. could be
ruined by a continued wanton raidlng.
The Judge explained the law as follows:
Inherent jurisdiction in chancery to grant
injunctionS extends only to assertion and
maintenance of civil rights in property.
With matters merely criminal or immoral 1t
has no concern, and will not interfere to
prevent commissions of. or prosecutions
for. crimes or miSdemeanors- Chancery
will, however, interfere to restrain tres
passes which threaten irreparabie injury to
property rights.and in the protection of such
rights II Will grant restraining orders that
have the effect of preventing acts which:
il committed, would violate criminal laws"
Judge Ryan's opinion continues that the
application for the injunction sets forth
that prosecutions have been made which re-
suited in acquittals on the ground that the
company's business was not in violation OF
the law; that the defendants expressed the
determination to not abide by these deci-
sions, but to continue the prosecution in or
der to Cypress the company and destroy 1tS
alleged lawful business.
The return, which was not sworn 10,
the opinion states, alleges that the defend
ants believe and are advised by the CITY
Attorney that the company Is engaged IN
a gaming business in violation of the law;
that the prosecutions are in good faith IN
the discharge of the duty of the defendants
as public officers, and that acquittals result
ed from lack of evidence. No evidence vas
introduced in support of the return. the
opinion recites, to the controverted sworn
allegations of the application.
A bond of sl,Oon, required of the Southern