The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1910-07-26
Judge Morse Says Chief Barlow
Cannot Interfere With Race
Track Gamblers.
HEAD OF POLICE FORCE
MUST SHOW CAUSE TUESDAY
City Attorney Dininny VIII Con-
test Case in Behalf Of )
the Chief.

Chlct or Pollce >. NJ. BnrIow WAS
served with an order OF injunction is-
sued from District Judge C. w Morse s
court Monday afternoon restraining
him from interfering with the conduct
ing of the business Of Applcgate & Co,
proplictors of the Bank turf exchange
at IS West Second South street. when
detectives went to that place Monday
afternoon to close it. Chief Barlow
viii appear IN Judge Morse's court
Tuesday morning and show cause why
the order should not become perma-
nent. In the meantime tho poolroom
VIII be operated
Chief Of Detectives George Sheets,
accompanied by Detectives Chase and
Janney, went to the poolroom Monday
afternoon on the orders of Chief Bar
low with Instructions to close the
place. They were met at the door by
attorneys. who handed them copies OF
summons for Chief Barlow to appear
in Judge Murse's court Tuesday morn
ing at $50 O'Clock. The detectives
went back to the station and informed
the chief of the restraining order. who
then sent it to the office OF City At
torney. II. j. Dininny.
Complaint Filed in Court.
A complaint was filed in the district
court Monday forenoon in which W
C. Applegate, Charles b. Glow and W.
Il. Applegate. co-partners doing bust
plaintiffs, and Samuel NJ. Barlow, chief
of police of Salt Lake City. was made
The defendant The complaint alleges
that the plaintiffs were co-partners do
ing business at IS West Second South
street. and that they were engaged in
selling pools on horse races in law
full and peaceful manner not contrary
of the city of Salt Lake or any statute
of the state of Utah, That the de-
fcndant, S. NJ Barlow, was a duly ap,
pointed, qualified and acting chief of
police Of Salt Lake City.
The complaint then alleges that on
or about July %, Chief Barlow, pYe'
tending TO act under the color of Off
cial authority, unlawfully and with in
tent to injure and harass the plain
tiffs from conducting their business,
did threaten to arrest and imprlson
the plaintiffs. their agents and en-
ployccs; that the chief of police now
threatens tc again interfere with the
plaintiffs in the conduct of their busl'
ness and to arrest, imprison and con
fiscate their property; ethat the plain"
tiffs are engaged in remunerativc
business and have thousands of dollars
invested in said business and IN con-
tracts pertaining to 1t, and that inter
fuption will occasion great loss mud
injury and damages.
Judge Morse then issued the follow
ing order Of Injunction;
Copy of Injunction.
To Samuel n Barlow OF Salt Lake CITY
Salt Lake county, Utah That plaintiffs
in the above entitled cause have com
menced an action in the Third district
court of the state OF Utah In and for the
said county OF Salt Lake. against the
above named defendant and have prayed
for injunction against the said de-
fendant requiring him. his agents. serv-
ants and employees and all persons act
ing for and under him TO refrain from
certain acts In said verified complainI
more particularly mentioned.
action. duly verified by the oath OF w.
C Apologize, one OF the plaintiffs herein.
and II satisfactorily appearing TO me
Injunction, and that sufficient grounds
exist therefor and the necessary under
taking having been given.
1t is therefore ordered hy me. G. w
Morse one OF the judges Of the said Third
district court, that the defendant show
cause before this court at $3.50 a. m. on
July %. 1910, why he should not he re-
strained rs prayed FOR in said complaint
and until further order in the promises:
you, the said Samuel Nj. Barlow and al
your 2ounsclors. attorneys solicitors and
to you. and each and every one OF YOU, do
absolutely des!st and refrain from inter
fering with. molesting or lnterTuptinG the
plaintiffs In The conduct OF their said busi-
ness and from arrcstinE and imprisoning
or otherwise molestns or in,iD1dat!nG the
said plaintiffs, their agents or employees
on account of conducting the said busi-
ness The plaintiff TO give bond in the.
sum of $500 to be approved by the cleric
of this court. 80
(Signed) c. w. MORSE.
Dated In Salt Lake City. this 25th dag
OF July. A. n. 1910.
(SeaD Attest.
MARGARET JANE WITCHER, Clerk.
BY n. II. TANNER. Deputy Clerk
City Attorney II. J. Dininny, when
asked as to what would be done in the
matter, answered that he would APP
pear before the court for Chief Barlow
and attempt to show that although the
laying Of IN individual wager on
horse race in this state was not gam
bling, as set forth and defined in the
statutes. She conducting Of Il poolroom
such as that of the plaintiffs is gam
bling,
McCoy's Stables.