Modern Horse Shoe Club v. Stewart

• Citation: 146 S.W. 1157
• Parties: MODERN HORSE SHOE CLUB v. STEWART et al.
• Decision Date: 09 May 1912
• Court: United States State Supreme Court of Missouri

146 S.W. 1157

MODERN HORSE SHOE CLUB v. STEWART et al.

Supreme Court of Missouri, Division No. 2.

May 9, 1912.

EQUITY (§ 65)—RIGHT TO INJUNCTION.

A club, the sole purpose of which was to violate the liquor law, sought an injunction to restrain the police from raiding its premises and arresting its members on nominal charges of vagrancy for the purpose of breaking up the organization. Held that, as the club merely sought protection in its violations of the law which were not within the scope of its charter powers, an injunction should be refused, regardless of the improper methods of the police; the plaintiff not coming into court with clean hands.

Appeal from St. Louis Circuit Court; Moses N. Sale, Judge.

Bill for injunction by the Modern Horse Shoe Club against Alphonso C. Stewart and others and Patrick J. Gaffney. From a judgment against defendant Gaffney, that defendant appeals. Reversed, and bill dismissed.

Bill for injunction filed in the circuit court of the city of St. Louis in November, 1907, by the Modern Horse Shoe Club, a corporation organized under the statutes relating to fraternal and benevolent organizations, and against the members of the board of police commissioners of the city of St. Louis, the chief of police, and one Gaffney, captain of police, commanding in the Eighth police district of said city.

The bill alleges that the plaintiff is authorized to maintain, and does maintain, on the premises, No. 2309 Chestnut street, in said city, a clubhouse, consisting of 12 rooms, with furniture, fixtures, and appurtenances; that the membership of the club is limited to male negro citizens of said city of good moral character who believe in the teachings and principles of good government, and that its members are and were at all times so qualified; that each member paid an initiation fee of $1, and dues of $1 every three months; that the expense of maintaining the club is derived from the fees and dues aforesaid, and from the distribution of food and drink furnished to its members; that, in order to maintain itself and pay its expenses and indebtedness, it is necessary that plaintiff should be enabled to furnish its members with club accommodations and facilities, and dispose of its supplies on hand to its members; that on several occasions the defendants raided and caused to be raided the clubhouse and premises, and wrongfully, wantonly, and without process of law, arrested, and caused to be arrested, members of said club under the false charge of vagrancy; that said defendants have threatened, and are now threatening, to arrest each and every one of plaintiff's members found in said clubhouse and prosecute them under the false charge of idling; that by so doing they have terrorized the members of the club and prevented them from using and enjoying the club and its facilities; that the defendants have caused, and are now causing daily, the police officers of the city to visit the premises of the club, without any reason therefor, and for the only purpose of terrorizing the members of said club and disrupting said organization; that defendants are threatening to continue said illegal raids and unlawful arrests so long as plaintiff operates its club-house, and have ordered the officers of plaintiff to close its said clubhouse under threat of arrest and prosecution. Plaintiff further alleges that its organization was made in good faith; that it maintains its clubhouse in good faith; that at no time has anything unlawful or improper occurred therein; that its members are not vagrants, but law-abiding, industrious, and hard-working men, and that they only enjoy, and will be permitted to enjoy, such privileges as plaintiff is authorized to furnish them by the terms of its charter, and that plaintiff has at no time exceeded its rights under its charter; that, if defendants are permitted to carry their said illegal threats into effect, the result will be irreparable damage to plaintiff, and will deprive plaintiff's members of the rights and privileges to which membership in plaintiff's organization entitles them, and in the enjoyment of which they have a right to be protected by law.

Wherefore plaintiff prays a perpetual injunction against the defendants, restraining them from in any way molesting or interfering with plaintiff's members, officers, or agents in or about said club because of their being there, or on any false and pretended charge of vagrancy. On the filing of this petition a temporary injunction was issued as prayed for.

The answer of the defendants denies each and every allegation in the petition, and for further answer alleges that plaintiff is not the real party in interest; that the plaintiff does not come into a court of equity with clean hands; that the pretended plaintiff corporation was not, and has not been, up to the filing of this suit, conducted as a benevolent, religious, scientific, fraternal-beneficial, or educational institution or corporation, but for the purpose of evading the statutes of the state and the ordinances of the city of St. Louis relating to dramshops and the sale of intoxicating liquors; that the said pretended club was constantly being conducted for the aforesaid unlawful ends up to the time of the filing of this suit; that said club has frequently been resorted to by, and has been the common lounging place and rendezvous of, ex-convicts, thieves, vicious and dissolute women, and other criminal characters of the negro race; and that the said pretended club is controlled and operated for purposes of private, pecuniary gain by one Ollie Jackson, with the aid and assistance of persons to defendants unknown, and was organized by him shortly after his release from serving a term in the state penitentiary; that, prior to and up to the filing of plaintiff's petition, said premises were the nightly scene of gambling, disturbances of the peace, and violations of the laws of the state relating to the sale of liquor, and was not a...