Evening star. [volume] (Washington, D.C.) 1854-1972, 1931-08-15
INJUNCTION F0RBIDS
CIRCUS MEN TO HALT
SHIPMENT BACK HOME
Continued From First Page.)

Immediately after the signing OF the
decree, leaders of the troupers had said
they would offer no resistance to the
property being moved, but that they
would not lift a finger in assistance.
The 400 employees of the show have
been stranded in Washington for two
weeks, without funds and with from
five to eight weeks back pay owed them.
The injunction contained provision
that the show train would not pull out
tonight until a reasonable time had
elapsed after the conclusion of the
benefit performance to be given at the
Washington Auditorium, so as to allow
the troupers to go back to Oklahoma
with the show If they wished.
Justice Cox displayed great reluct-
ance to signing the injunction, but said
ne saw no other course open to him.
The situation of the defendant is such
as to make a strong appeal to the
sYmpathies of the court" he declared,
land arouse a desire to afford them
every remedy possible under the circum-
stances. This situation is apparently
due to the inability of the Western
Show Co., Inc, the alleged lessee of
the show, to pay their wages OF further
operate the show.
THE court does not believe that a
receivership would be effective or that
1t would be to the best interest of the
employees. All would benefit by get
ting the show out Of Washington as
soon as possible.
Judge Explains Decision.
'In refusing receivership, as requested
by attorneys for employees of the show,
the court is moved by two considera-
tons, one practical and one legal.
First, receivership would be futile,
except that it might force the owners
to compromise, but this would be in the
nature Of the court forcing a settlement
which 1t will not do. II the remedy
was one which would produce results
the court would not hesitate in granting
the receivership. The court cannot
operate the circus, which would move
from one city to another; the expense
OF holding it, here would be prohibitive,
since large rent would have to be paid
and the men and stock fed; a forced
sale would result in great sacrifice of
the actual value of the property; if the
property were sold these men would be
turned out homeless on the streets Of
washington, and the employees them
selves would not benefit from receiver
ship since the proceeds from sale
would not be distributed to them for
an extended period Of time, due to the
litigation among creditors which I'M
doubtedly would follow.
Men Will Get $500 Fund.
Considering the legal aspect. the
Equity Court cannot appoint a receiver
on application of mere creditors who
have no lien and have not reduced
their claims to Judgment"
Before issuing the injunction, Justice
Cox conferred for more than an hour
with attorneys for the plaintiffs and |
defendants. He was told by Harry S. |
Barger that the offer of the plaintiffs |
still stood to transport the employees |
back TO Oklahoma free of charge, feed |
ing them en- route. Mr.. Barger also /
said an $500 fund being held from the |
proceeds of performances given here |
would be turned over to the troupers.
He steadfaStly refused to compromise
the terms Of his offer. despite repeated |
requests by attorneys for the defendants |
and Justice Cox.
Il think you men who own this prop
erty could go out to the show lot and |
bring about peaceful settlement with !
little expense, Justice Cox said. sug-
costing that the plaintiffs bear entire |
expense Of the litigation, but Mr.. Barger |
and Felix Duval, Ponca City, Okla, at
torney, who is associated with Mr.. |
Barger, said they had no authority to |
take this step.
Justice Cox said he would prefer at |
tornevs for both parties to 20 to the |
show lot today and try again to settle the |
matter out of court. When counsel for |
both plaintiff and defendants assured |
him that a settlement was impossible |
he signed the decree for an injunction |
He took the stand that the case of |
the employees would be no worse in |
Oklahoma than here why should |
this court take over this problem in |
stead Of letting these people 60 back |
to Oklahoma, where they came from, |
and settle their difficulties there?" Jus |
tice Cox asked. 81 have no reason to |
suppose that Oklahoma courts viii be |
less jealous in preserving their rights |
than would this court
Justice Cox was informed by Attor- /
neys Norman B. Landreau and H L.
Mccormick, attorneys for the troupers, /
that they thought movement of the |
show would not be met by violence.
Bond StiH Undetermined.
Leaders of the employees said, how |
ever, they could not vouch for their |
control over the men. We will do |
everything We can to restrain them /
from violence" Robert Wade, chief |
electrician. stated. but when you have !
about seven OF eight posses trying to |
control 400 men, you have a difficult |
situation, and no one can tell what win /
happen"
Mr.. Barger told the court that the |
show would be moved today as soon I
as the bond covering the Injunction |
was obtained. The amount of bond |
had not been determined late this |
morning Justice Cox not having de- I
cided at that time whether to place it /
at 5000 or $2,5o0. The difhculties Of |
the circus people were brought into |
court by a bill for injunction filed by /
w. e. Rice, successor trustee for the /
Miller Bros i01 Ranch Trust, against |
the Western Show Co.. Inc, alleged /
lessee Of the show: the employees OF the
company and Jack Brown, head cow
boy; wade, Perry Plank. tiInekeeper,
and DR.. w. r. Davis, camp surgeon,
so-called pivot employees,
Mr.. Bslger SAID money for the move