The Oskaloosa herald., 1911-08-03
THE MAYOR ENJOINED
Controversy Between Reynolds and
Palace Theater Reaches Court.

The controversy between the admin,
istration of the city of Oskaloosa and
Newell brothers, operators of the Pal.
oce theatre, No. 116 First avenue west
was taken into the district court Mon.
day afternoon and a temporary in.
junction was obtained by Newell
brothers, operatives, against S. V.
Reynolds, mayor, and Art Walls, chief
of police, in the city of Oskaloosa, and
others. ....
Following repeated disobedlence of
the requests and orders of Mayor Rey-
nolds, the theatre continued operating
the music at the entrance of the
theater, to the annoyance and dis
comfort of William H. Hawkins who
is lying in critical condition at his
rooms nearby.
Service was secured upon Mayor
Reynolds and Chief of Police Walls
of the following restraining order, en-
joining them, from closing or inter
fering with the plaintiffs business, so
long as plaintiffs comply with the
ordinances of Oskaloosa and the laws
of Iowa and in no event will the de-
PENDANTS close plaintiffs place of bust
ness without a hearing. But plain
tiffs will so conduct their music so as
not to disturb sick person or persons
across street from plaintiffs place of
business" The injunction was grant
ed by Judge Byron w. Preston.
The theater opened as usual, it is
alleged, with the same annoying music
at the entrance. Mayor Reynolds, as
Stunning that he Is not in violation of
the spirit or the letter of the injunction
promptly placed the Newell Brothers,
prOprietors of the Palace, under ar
rest about ten minutes before eight
o'clock and stopped the music. The
men on hearing were fined fifty dol
lars and costs. Newell Brothers took
an appeal. They returned to their
place of business, the Palace theater,
and Immediately resumed its opera
ton with the music as before. Mayor
Reynolds in his effort to enforce the
city ordinances and the laws again ar
rested Newell Brothers and the hear
ing will be had some time to-day.
The trouble originated last week.
Tuesday, when DR.. A. J. Hunter told
the Mayor that the music was disturb
ing MI. Hawkins who was in a state
of nervous collapse and unable to
sleep. Mayor Reynolds anticipating no
difficulty in having the music stopped
sent all officer to the theatre with the
request for the silencing OF the piano
that was playing at the theater en-
trance. Explanation was given at the
direction of the Mayor, for the cause
and information left that Mayor Rey-
ors personally. He visited the owners
the following day and explained the
situation at length. Wednesday even
ing the request of the official was dis
regarded and it was again necessary
to send an officer to quiet the music.
Mayor Reynolds made another person
al call but without effect and on Thurs
day, Friday and Saturday complaints
having come from the sick mans
apartments the Mayor sent officers to
stop the noise. The music of the
piano was substituted for that of a
photograph but this was equally an
noying Newell Brothers contended
that the sick man should be taken to
the hospital, that they had already
lost a considerable amount of money
over the affair and that they had
rights in the operation of their bust
ness which could not be interfered
with. Then followed the arrest of Sat
urday evening and the closing of the
theater, the injunction application and
for and securing of an injunction
against the city administration, the
contention that the ordinances of the
city shall be enforced as is required
of an executive and the other details
of the affair mentioned above. The
outcome of the case will be awaited
with interest.