Newark leader. ([Newark, Ohio]) 1917-1946, 1924-09-19
Continued from Page One)
INJUNCTION DENIED

Paragraph 342 of Pomeroy's Equity
Jurisprudence. Volume reads:
"Where municipal authorities are
acting within their well-recognized
powers, or are exercising discretion
ary power, a court of equity has no
jurisdiction to interfere, unless their
action is tainted with fraud, or the
power or discretion is being manifest
ly abused to the oppression of the
citizen. The Court will not interfere
to see whether they are acting wise
ly or judicially. Where legislative
power is conferred upon an incor
porated city by the state, it is neces-
sary that a degree of freedom should
be allowed in it's exercise; otherwise,
the city would be so hampered in the
government of its people as would de-
feat the very ends of its incorpora-
ton. Hence it is that the state courts
will never interfere with the free eX
ercise of such rights as are left to
the discretion of a corporate author
ity, unless such authority should go
beyond the scope of power delegated,
or unless the discretion given should
be abused by an arbitrary exercise
thereof, and by a plain and unwar-
ranted violation of private rights"
justify the confiscation and destruc-
ton of thees papers, and this decision
should not be taken as a precedent
of warranting or justifying the con
troll or circulation of papers of this
character by confiscation and destruc-
ton. But this Court does hold that
in proceeding in equity the Court
is not justified in ordering the po
lice officers in this City to interfere
in no manner with the circulation of
the Muncie Post Democrat, or papers
having an opposite opinion and sim
liar effect upon the community.
The rule of equity is we'll settled:
He who seeks equity must do equity.
And the plaintiff must in every case
of equity come into court with clean
hands.
The Court has examined various
issues of this paper submitted In evl-
dence; and the comments and reflec-
tions upon various individuals in and
about this City, while they may be
capable of two or more constructions,
yet they are approaching so near eX-
pressions that are, to say the least,
improper, that this Court is not in
clined, when appealed to in his capac
ity as a chancellor, to put the seal of
approval upon the circulation of mat
ters of this character. The papers
furnished by the Muncie Post Demo
crat were not copies of the papers
circulated in this community and, in
spite of the fact that the plaintiff is
here in the capacity Of seeking equity,
he failed to furnish the copies of the
papers which were circulated here in
this City. This palpable attempt to
deceive the Court would alone be suf-
ficient for the Court to refuse to
plaintiff the remedy he seeks. The
character of the paper which the
Court has examined is such that it
might be that the next issue of the
paper would be such that it would be
the cause of public disorder, and the
police, in the exercise of their dis
cretionary powers and police powers
in maintaining the peace and order,
should be permitted to determine
whether or not any particular issue of
this paper should be circulated. The
Court cannot we'll judge the charac-
ter of what this publication will be
until he sees it, and in as much as
much of the publication that has al
ready been made has been so near
the border line the Court would not
undertake to say what the future
publication would be so as to enjoin
the officers from interfering with its
distribution and circulation.
If the legal rights have been inter
fered with to the damage of plaintiff
he has his remedy at law. But under