CAN'T ARREST THEM.
THEATRICAL MANAGERS ENJOIN
THE COUNTY MARSHAL.
NO ONE TO SERVE WARRANTS.
POLICE SAY THEY WILL NOT IN-
TERFERE.
Judge Wallace Will Now Wait Until
Grand Jury Returns Indict-
ments -- Restraining Order Is
Returnable Tuesday
Morning.
Patrons of Sunday theatricals may occupy their usual seats today without fear of the performance being stopped by either the city or county officials. The theatrical managers yesterday secured a restraining order in the circuit court preventing County Marshal Al Heslip or his deputies from interfering with any of the performances, and Chief of Police Daniel Ahearn announced that, in the absence of instructions from the police board, he will not act.
Judge W. H. Wallace of the criminal court, the head of the Sunday closing movement, said last night that he had secured no warrants against the theatrical managers, and that his court would not attempt to go counter to the restraining order issued by Judge Park and Goodrich of the circuit court against Marshal Heslip. Police commissioner Elliot H. Jones, upon whose concurrence with Mayor Beardsley the co-operation of the police with the county authorities in the Sunday closing crusade depended, yesterday left town to be gone over Sunday without issuing any instructions to Chief Ahearn. Police Commissioner Gallagher is also out of the city.
NO WARRANTS SWORN OUT.
"While I do not believe the circuit court would attempt to interfere with what action either my court, or the grand jury might take towards the closing of the theaters on Sunday, I have not had any warrants sworn out, and will not embarrass Marshal Heslip by asking him to close the amusement places without warrants," said Judge Wallace last night. "What either I or the grand jury may do during the next week I cannot say. But nothing will be done in regard to putting a stop to Sunday amusements tomorrow."
Several thousands of people attend the theaters on Sundays, as well as weekdays, according to the petition filed in the circuit court by the theatrical managers, and these people would be deprived of a means of physical and mental benefit by the closing of the play houses on Sunday.
"The marshal and his deputies have threatened to raid the theaters and prevent actors, actresses, and employes from performing their duties and to prevent the general public from attending the performances," says the petition.
"It is therefore alleged that the plaintiffs' property, and the use of the same, will be interfered with and impaired as a continuous business; that the actors and actresses' compensation for their services will be reduced, and they will also commit a breach of their contracts. It is asked that the marshal and his deputies be restrained and enjoined from doing any act which will in any wise interfere with or obstruct the plaintiffs' business, or from closing the theaters Sunday, October 13, or subsequent Sundays.
Police Commissioner E. H. Jones, it was reported at his home last night, has gone to Jefferson City. Commissioner A. E. Gallagher several days ago went on a hunting trip, and has not yet returned.
"The theaters will run tomorrow as usual, and we intend that they shall continue to do so every Sunday thereafter," said Martin Lehman, manager of the Orpheum theater, last night.
"The managers intend to fight the case to the last."
The following are the theaters affected by the restraining order: Willis Wood, Orpheum, Grand Shubert, Auditorium, Gilliss, Century, and Majestic.
In its memorandum on the granting of the restraining order, the court said that the alleged contemplated action of the county marshal in closing the theaters on Sunday would be such a radical departure form the existing order of things that it seemed best to have a hearing of the merits of the case before the marshal be permitted to proceed.
