The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1904-09-26
JUDGE JACKSON
ISSUES INJUNCTION
Continues from First Pase.)

EE@EeES ITOp' u IaSS.t9LT-
the giving of said concer as herein
and in said contract named.
Which commands and injunctions
you are respectfully required to OBJ
serve and obey, until our said Circuit
Court shall make further order in the
premises.
Hereof fail not, under the penalty
of the law thence ensuing.
Witness, the Honorable Melville w.
Fuller, Chief Justice of the United
States, this 25th day of September,
1904, and in the l29th year Of h In
dependence of the United States of
America.
Attest:
L.. B. DELLICKER, Clerk.
c. G. q. s., N. D. W. Va.
A copy. Attest:
L. B. DELLICKER, Clerk.
u. S. Marshal Charles D.. Elliott
was given the papers to serve and to-
gether with Messrs- Hartley and
Showalter left Parkersburg at 8 P.
NJ. Sunday, expecting to arrive in this
city at 1923 in the evening.
In the meantime the matter of the
injunction was kept a profound secret
in this city, nothing being exposed un-
til the papers We're served on the par
ties named. Manager Powell quietly
assured inuuirers that the concert
would positively be put on, yet many
thought that it would be stopped by
the mayor and a large crowd assem-
bled near the theatre TO- WITNESS the
arrests. His HONOR had instructed
Chief Morgan to arrest the House
manager, orchestra manager and in
divklual performers at about 9:15 and
1Itnis information leaking out, was re-
sponsible for the s~ightseers.
Manager Powell had advertised
the concert to start at S:45 and ex-
pected to open the doors Immediately
after the arrival of train %, bearing
the party with the documents. Bad
luck attended the train, however, an
unavoidable delay causing it to ar
rive 80 minutes late, or about eight
o'clock. The two attorneys and Mar
shall Elliott We're met at the station
with a carriage and driven imme-
diately to the Opera House. The
doors were Instantly thrown open and
the crowd surged in. Shortly after
the doors opened, the Marshal and
attorney Showalter found Mayor
kinsey near the Marietta Hotel and
the injunction was served on him. 1t
is alleged that ne wanted verbal as
surance thai the paper was genuine.
The Marshal casually informed him
that he was perfectly welcome TO test
its validity if he wished, but the mayor
| declined.
At a few minutes before Q O'Clock,
| Chief Morgan arrived at the theatre
and before he could enter the build
ing the Marshal had served the pa
pers on him. The Chief did not seem
| at all surprised and after the reading
was finished the two friends shook
| hands and quietly chatted for a mo-
ment. The Marshal h attempted to
find Rev. J. II. Lucas, pastor OF the
| Temple. but failed to find him. This
wa not at all necessary, merely Il
matter of form. Returning TO the
! theatre the injunction was served on
| l.. c.. Powell. president OF the Opera
House Company, and ]. e. Powell,
manager.
Besides the injunction the follow
ing summons was serve on the in
terested parties:
UNITED STATES OF AMERICA.
| Northern District of West Virginia. IS:
| THE PRESIDENT OF THE UNITED
STATES OF AMERICA.
! To the Marshal Of the Northern Dis
trict of West Virginia. Greeting:
You are commanded to summon the
City OF Fairmont, 4 municipal cor
poration, G. W. Kinsey, Mayor, J.
Eng!e, City Clerk of said City, and
Fair:nont Opera House Company, q
corporation existing under the laws OF
the State OF West Virginia, citizens OF
and residents in the State of West Nir-
ginia. if they be found in your Dis
trict, TO be and appear in the Circuit
| Court of the United States, for the
| Northern District Of West Virginia.
aforesaid, at Jules TO be held in the
Clerks office of said Court. at Par
| ke~sburg, on the first Monday in NO
! vernber, next, to answe 10 q certain
Bill in ChanceTy, now filed and eN-
| hibitcd in said Court against them by