The Birmingham age-herald., 1903-07-22
POOL ORDINANCE
 STOPPED BY COURT
Judge Coleman Issues lnjunc-
 ton Against City Officials
POLICE CAN'T INTERFERE
Complaint Made By E. F. Brown, a Non-Resldent, and Picks Various
 Flaws In the ordlnanoe-A
 Rather Unexpected Turn.

On complaint of D. F. Brown, non- resident of the state of Alabama, Judge A. A. Coleman yesterday issued q decree restraining the mayor and aldermen of Birmingham from interfering with the operation of a billiard and pool room in the Morris hotel where the results of horse races are publicly announced, and from enforcing the recent ordinance com monly known as the anti-pool selling or- dinance.
 The decree Is sweeping in It's provisions and absolutely relieves the alleged pool room from any interference on the part of police officers of the city of Birming- ham. Until hearing Is granted the re- suits of horse races will continue to be announced and no arrests can be made.
 Various Flaws Picked.
 The complaint of E. r. Brown charges that the anti-pool selling ordinance is null and void for the reason that it de- prives citizens of their ordinary rights and the privileges granted them by the constitution and laws of the state of Ala bama. Various technical flaws are picked in the ordinance and after hearing pre- sentation of the case Judge Coleman is- sued the decree.
 This turn in the now famous case came rather unexpectedly, and 1t is supposed an injunction was asked yesterday, as the new ordinance was to have gone into effect today. The city council, in passing the ordinance. made a provision that it should be advertised in the daily papers until July H before becoming effective. Judge Coleman's decree follows:
 The Decree.
 Tn this cause the sworn bill of com- plaint of E. F. Brown being presented to me for an order for a preliminary injunction thereon, and 1t appearing from the inspection of the bill and reading the averments therein that an order for preliminary injunction against the defendant, the mayor and aldermen of Birmingham, municipal corporation, ought to be made as prayed for in the bill. It is therefore considered and ordered that pre- liminary or temporary injunction issue to the prayer of said bill of complaint enjoining and restraining the said defendant, the mayor and aldermen of Birmingham, from enforcing the ordi- nance set out in the bill of complaint and from interfering with complain ant in the conduct of his business as prayed for in the bill, and the register In chancery of the Chancery court of Jefferson county is ordered to issue the appropriate writs of injunction, enjoining and restraining the said "Fhe mayor and aldermen of Bir- mingham. it's officers attorneys. agents and servants and particularly Will 10. Wier. as chief of police of the city of Birmingham, as prayed for in the bill of complaint; but the injunc- ton herein ordered shall not operate to prevent the enforcement of the statutes of Alabama enacted by the legislature against gaming or selling pools on horse races, either within or without the state. The complainant in said bill is required to give bond conditioned as provided by law and payable as provided by law, and in the penal sum of five hundred dollars. to be approved by the register, be- fore the issuance of the injunction herein ordered.
 Dated this the 2ist day of July.
 "A. A. COLEMAN
 Judge Tenth Judicial Circuit"