NO ARRESTS TODAY
FEDERAL COURT ISSUES ORDER
IN THEATER CASES.
ACTORS ARE THE PLAINTIFFS
WILLIS WOOD AND ORPHEUM
PERFORMERS APPEAL.
Suit Brought on Behalf of Them and
Members of Orchestras -- Conten-
tion Is That Actors and Mu-
sicians Work No More
Than Preachers.
Upon the petition of eleven actors, now filling engagements at the Orpheum and the Willis Wood theaters, Judge John C. Pollock of the United States circuit court issued a temporary order last evening at Topeka, Kas., restraining the board of police commissioners, Chief of Police Daniel Ahern, County Marshal Al Heslip and all their subordinates from arresting actors, actresses, members of any theater orchestra, and all persons performing services essential to producing an entertainment in any theater in Kansas City, Judge Pollock will be in Kansas City at 10 o'clock Friday morning to hear arguments in the federal court, for and against making the restraining order permanent.
No mention was made of the managers of the houses, but it is thought that the restraining order was drawn to include them. For fear the order may not give them exemption from arrest a new move is being made, the attorneys securing affidavits from some of the most widely known business men of the city to the effect that Judge Wallace is prejudiced, and so incapable of giving the theater employes a fair trial.
IN CLASS WITH PREACHERS.
There is to be no conflict between the state and the United States courts. The restraining order is not directed against Judge Wallace, so that the criminal judge of Jackson county may continue his war upon the theaters, but he will not find any marshal nor police to effect the arrests which he may order. Although there are but eleven complaints in the federal case, they set up in their oration that they appear for the 200 or more professional actors now filling engagements in Kansas City, and for the several thousands of others similarly situated who will come to Kansas City to give entertainment before the close of the present session, which will be in July, 1908.
The unique claim will be set up that the actors are akin to preachers, and that neither of them work. The theater orchestras are to be associated in the argument with church choirs.
"In every particular and in every detail," said Attorney Frank M. Lowe, "we will be found on solid ground. There is to be an end to the attempt to close the theaters in Kansas City."
The suit brought yesterday was filed by the following actors: B. C. Whitney, John Edwards, Lt. J. Carter and W. J. Jossey, of the Orpheum circuit; Benjamin Welch, Roger M. Inhoff, Charles ARnold, Harry Hastings, of the United States Amusement Company; Clifton Crawford, Arthur C. Ainston and William Leummel, playing at the Willis Wood. The defendants are Criminal Clerk A. E. Thomas, County Marshal Al Heslip, Police Comissioners Henry M. Beardsley, Andrew E. Gallagher and Elliot H. Jones, and their subordinates.
