The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-10-30
POLLOCK CAN'T HELP.
Scores Kansas City Judge But Has No
Jurisdiction In Theater Case

| In holding that he had no jurisdiction
/ IN the injunction proceedings of the
4 Kansas City theaters against the au-
| thorittes of Kansas City and Jackson
| county, Missouri sustaining the demur-
| rer to the bill, Judge Pollock in the
/ United States circuit court at Kansas
| City today condemned in no uncertain
terms the attitude of Judge William H.
| Wallace Of Jackson county criminal
court in his handling of the Sunday
closing of the theaters of Kansas City.
| Judge Wallace, who through the in
strumentaIity Of a grand jury. had
planned to arrest and indict theatrical
managers, employees and actors in
by Judge Pollock. He refers to him in
the following language:
But is rather the weak drunk with
poisoned wine of demagoguery ambi-
ufon unattafued or fanatfcism. who
stand ever ready to forsake the truths
taught and the safeguards to liberty
established by our fathers"
No decision in recent years has been
handed down in a federal court that is
so severe in its criticism OF a judge of
a lower court as the decision handed
down today.
The decision holding that the United
States circuit court had no Jurisdiction
was expected and the theatrical man
relief in the state courts If they wish
to continue to run their playhouses on
Sunday
The temporary injunction against the
city officials which Judge Pollock or
dered pending his decision upon the ap-
pication to make the Injunction per-
nanent was in effect until today.
In holding that the court had no
jurisdiction Judge Pollock said: Il
am clearly of the opinion this suit is
in effect one against the state to en-
join the prosecution of threatened
criminal proceedings instituted or
about to be instituted in the name Of
the state by the appropriate law Of
ficers Of the state charged with the
duty Of the enforcement Of it's crimi-
nal laws. In such case a court of
equity possesses no power, authority
or Jurisdiction to interfere although as
charged in the bill compliments may
suffer irreparable injury in their
property rights and multitude of
such prosecutions may be instituted
and although compIafnants may have
violated no law of the state. In my
Judgment this court has no authority
to declare either their guilt or in
Goeence."
In handing out his roast to Judge
Wallace, Judge Pollock says in part:
In short. it is pleaded in the verified
bill and was asserted in argument, and
the assertion remains uacontradicted.
that this man. holding an honorable
judicial position in one Of the inpor-
tant cities Of our country has so for
gotten the dignity Of his high office,
the duty he owes to the public and the
sacred pledge he has made to his God,
as to descend to the role of prosecutor
in his own court. Not only that. but
as such prosecutor to engage in such
practices as would be only expected
Of and condemned in a pettifogger or
a trickster even going to the extent of
violating provisions of the law well
known OF all men. he invading the
sacred cham ers of a grand jury.
1t is claimed that Judge Wallace
went into the grand jury room and by
his exposition of the case and his
harangues caused the members of the
grand jury to be prejudiced towards
the case Of the theatrical managers
and used the powers and perogatives
of his Office to secure indictments re-
turned against those in the theatrical
profession employed in and about the
Kansas City play houses. It is further
claimed that the jury was empaneled
by Judge Wallace and that the jury
men were selected by him
The above is what leads Judge Pol
lock to severely crfticise the Kansas
City iuriSt.