121 P. 291 | Mont. | 1912
delivered the opinion of the court.
This is an appeal from an order granting an injunction pendente lite. The complaint sets forth that plaintiffs are engaged in furnishing messenger service to the general public in Butte; that they have invested large sums of money, and -have con
In the answer presented by the defendants it is alleged that the houses in the restricted district of Butte are used for the purpose of prostitution; that lewd, idle, and vicious characters assemble therein; that by means of the call-boxes and wires installed by plaintiffs in such district the inmates of the houses therein call upon plaintiffs for messengers, and in response thereto plaintiffs furnish, as messengers to such inmates, minors —boys under the' age of seventeen — -to carry messages to and from such inmates; that the boys so employed enter the houses in such district; and that, by means of the service so furnished by plaintiffs to the inmates of such houses, the vice and crime of prostitution is promoted, developed, and extended. It is further alleged that the employment of minors to perform messenger service among the inhabitants of such district tends to debase the minors so employed and to extend and promote vice and crime. The defendants then admit that they caused one of plain
The position of respondents, as indicated in the brief of their counsel, is that it does not appear that their business falls within the prohibition of section 1 of Ordinance 129. There is a proviso in that section exempting from its operations minors whose parents or guardians consent to their employment in the places mentioned. But it is not within the power of a parent or guardian of a minor to make lawful the employment of such minor about a house of prostitution, if his employment there is in aid of the business of prostitution or assists in furthering that business, for the business itself is unlawful (Bev. Codes, sec. 8397), and everyone who aids, assists, or abets it is guilty of a misdemeanor. But section 2 of Ordinance 129 is broader in its terms. It provides: “Hereafter it shall be unlawful for any person or persons, firm, copartnership or corporation to allow or permit any minor to loiter in or around, to be in or about or to frequent any place of business or other place mentioned in section 1 of this ordinance. ’ ’ The places mentioned in section 1 include houses of prostitution. If the police department of Butte needed authority by city ordinance to prohibit the employment of minors in or about the houses of prostitution, or to prevent
But independently of city ordinance, it was the duty of the
Upon the showing made by this record, we do not entertain any doubt that the business of these plaintiffs, as carried on in the restricted district, made them prima facie participants in the unlawful business there carried on by the common prostitutes. (City of Louisville v. Wehmhoff, 116 Ky. 812, 76 S. W. 876, 79 S. W. 201, 25 Ky. Law Rep. 995, 1924.) That a court of equity should not lend its aid in furtherance of such business is too clear to require the citation of authorities.
The order is reversed.
Reversed.