State v. Woolfolk

• Decision Date: 21 December 1916
• Docket Number: No. 19675.,19675.
• Citation: 190 S.W. 877,269 Mo. 389
• Parties: STATE ex rel. CHICAGO, B. & Q. R. CO. v. WOOLFOLK, Judge, et al.
• Court: Missouri Supreme Court

190 S.W. 877

269 Mo. 389

STATE ex rel. CHICAGO, B. & Q. R. CO. v. WOOLFOLK, Judge, et al.

No. 19675.

Supreme Court of Missouri. In Banc.

December 21, 1916.

Petition for writ of prohibition by the State, on the relation of the Chicago, Burlington & Quincy Railroad Company, against Edgar B. Woolfolk, Judge, etc., and Tom B. McGinnis, Prosecuting Attorney of Pike County. A provisional writ was awarded, whereupon respondents demurred, and the parties stipulated that the proceeding be considered at issue on the demurrer to the petition, and that if it should be sustained the provisional writ should be quashed, and if the demurrer should be overruled final judgment should go against respondents without further leave. Writ made permanent.

M. G. Roberts, of St. Joseph, and Hays, Heather & Henwood, of Hannibal, for relator. T. B. McGinnis, of Bowling Green, for respondents.

BOND, J.

I. Upon the presentation of its petition for a writ of prohibition, a provisional writ was awarded to relator by this court, whereupon the respondents, the judge and prosecuting attorney of Pike county, Mo., filed a demurrer on the grounds: First, that the petition for prohibition included an allegation that other prosecuting attorneys had instituted like suits to the one sought to be prohibited in this case; second, that the petition itself stated no facts to warrant the issuance of the writ. Thereupon the parties entered into a stipulation that this proceeding should be considered at issue upon the demurrer to the petition, and that, if the demurrer should be sustained, then the provisional writ should be quashed, and, if the demurrer should be overruled, that final judgment should go against respondents without further leave.

The object of this proceeding is to prevent the circuit court of Pike county from considering, on its chancery side, the causes of action alleged in a petition, filed therein by the respondent prosecuting attorney, stating, in substance, his official position and that the defendant corporation is a railroad carrier in that county maintaining offices where it has heretofore delivered commodities, including intoxicating liquors, to persons to whom they were consigned; that on the 23d of November, 1911, Pike county, outside the corporate limits of the city of Louisiana therein, adopted the local option law of this state; that for many years divers persons in said county have been and are engaged in the illegal selling, storing, and delivering of intoxicating liquors, including beer and whisky, in violation of said local option law and without any authority so to do; that some of said persons maintain places of business nominally as drug stores and other places of business, when in truth they are not engaged in any legitimate business whatever; that other persons are engaged in the illegal sale and delivery of such intoxicating liquors without having or maintaining any places of business and are commonly designated as "bootleggers"; that by reason of such illegal sales and delivery of liquors, including beer and whisky, divers persons have become and continue so to become intoxicated, and in such condition disturb and destroy the peace and endanger the persons and the property of the good people of said county at the places of Ashburn, Annada, and Clarksville, and that to the extent that the same has become a menace to society and to property and a great nuisance, and all greatly to the annoyance and inconvenience of the good people of said Ashburn, Annada, and Clarksville and their respective communities. Plaintiff further states that the defendant, knowing that such persons are and have been engaged in such illegal selling and delivering of such intoxicating liquors, and in such lawless and disorderly conduct, has transported and continues to transport and deliver to said persons large quantities of intoxicating liquors including beer and whisky, at its stations at the said Ashburn, Annada, and Clarksville, and its offices at said places in Pike county, Mo., and will continue to so transport and deliver to such persons such intoxicating liquors, including beer and whisky, in violation of the law, and that by so doing defendant aids and abets said parties in the illegal sale and delivery of and traffic in said intoxicating liquors, including beer and whisky, and in encouraging and promoting illegal sales and deliveries of such intoxicating liquors in said county, to the great scandal, inconvenience, annoyance, and disturbance of the people of said county.

"Plaintiff further states that it has no adequate remedy at law in the premises. Wherefore plaintiff prays that the defendant be perpetually enjoined from receiving and transporting and delivering intoxicating liquors including beer and whisky to persons at such places aforesaid, to wit, Ashburn, Clarksville, and Annada, in said Pike county, Mo., and that in the meantime, until a hearing of this cause can be had, that the defendant be temporarily restrained from so doing, and for other and proper relief."

In the absence of the circuit judge, a temporary restraining order was awarded upon the foregoing petition by two judges of the county court. Thereafter the petition was filed in the office of the circuit clerk and presented to respondent Edgar B. Woolfolk, the...