The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1913-01-25

IS DENIED
PETITION.
Judge Pollock's Decision in
Initial Case
Cummings Block Closed During
Tendency Of Action
Sheriff VIII Continue ID Pos,
session Of Premises

r Il +. = . Z
r.. o. rockwell, fnterpleaded as
defendant in the action of the state
of North Dakota against Aid p. HI.
Cummings and William Belfry, was
denied his application for the disso-
luton of the temporary Injunction
against the closing of the Cummings
block on M. p. avenue of which ne
was lessee. and by order of Judge
Pollock the premises will continue in
possession of Sheriff Ross during the
pendency of the action now before
the court. +
The rooms in the Cummings block
rented by William Be1fry from f. o.
Rockwell, lessee, through the medium
of the latter's agent, Mr.. Hedlund,
were among. those ratded by Supt
f.. t. Watkins of the state enforce
Sherif Ross, Deputy Sheriff Bing-
ham, Chief Keefe and other officers
of the law.
The hearing in the district court
, yesterday was to secure a disso-
luton of the temporary injunction,
as Mr.. Rockwell protested he was i'm
nocent Of the sort of tenants occupied
the rooms in the Cummings block as
only his agent, Mr.. Hedlund, came
actively in touch with them. Judge
w. II. Barnett e. Barnett & Richard
son appeared for Mr.. Rockwell and
Alderman Cummings States At
torney Fowler conducted the prose-
eution. Following Is the decisiom
handed down by Judge Pollock this
morning:
Decision.
The defendant Cummings owns a
two astory brick building facing NJ r.
avenue in the CITY OF Faro, nagI and
| just wast Of Broadway EtlleA EeEends :
ant Rockwell leased the building for
a period of five years He maintained
on the lower floor dye house and
clothes cleaning establishment, leaving
the upper rooms for renting purposes,
and putting the business and the re-
sponsibility of renting the upper rooms
upon an agent, one Hedlund. During
the times mentioned in the complaint
and affidavit Rockwell leased the up-
per floor to one Belfry, and ii is al
legged that the said rooms were by
him occupied for an unlawful pur-
pose, in violation of the provisions of
chapter So, laws of 1911, known as the
Bawdy House Act.
An action was brought by the
states attorney to restrain and per-
manently enjoin the defendants from
maintaining such nuisance and upon
a proper prima facie showing, the
court ordered the building closed to
await the final determination of the
comes into court and asks that the
sheriff be permitted to hand over the
building to him during the tendency
of the action, because, as he alleges,
he was entirely innocent of any wrong
being done on said premises. At
tached to his petition is an affidavit
of the defendant Cummings who al
SO states that he had no knowledge
OF any unlawful use OF the premises
In question, and prays the court that
the petition of said defendant Rock
well be granted
There is no direct proof that either
had personal knowledge of the trans
gTessions alleged. Are they such in
nocent owners, therefore, that~a court
of equity would be warranted in
granting them the relief desired. in
abundantly shows that the rooms up
stairs were being used for immoral
/ purposes and that the agent, HedIund,
| had been repeatedly warned of the
character OF the tenants and their
business?
This being an initial case, a con-
struction of the statute, chapter So,
laws of 1911. becomes necessary. Up
to the passage Of this act. proceed :
ings against ofTenses OF this nature
were only permitted through the
y
| indictment, save that a private person
who would show a personal injury TO
his property could proceed by injunc-
ition. There was no proceeding by
which the state itself could invoke the
equity powers of the court to abate
the evil as a common nuisance. The
court is bound to take judicial notice
OF the general discussion prevalent at
that time, and which has existed for
years last past In this community and
state, with reference to the plan Of
segregation and its opposite In deal
| ing with the social evil The argu-
nnent, Close up the houses and they
will scatter to the blocks lis familiar
to all. BY blocks" assume was
meant places similar to the rooms in
| question. Two years ago the legisIa-
ture spoke with no uncertain SOUND
through the language OF chapter Sc.
declaring that "all bawdy houses.
houses Of i'll fame, OF assignation. 81
Of prostitution. or any other house.
room, or place for persons to visit
for unlawful sexual intercourse. or FOR
amy other Iewd, obscene, or Indecent
purpose or any disorderIy house or
Continued on Page Ten.