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UNITED STATES v. STUDIO CLUB

12 F.2d 462 (1926)

UNITED STATES v. STUDIO CLUB et al.

District Court, S. D. New York.

March 9, 1926.

Attorney(s) appearing for the Case

Emory R. Buckner, U. S. Atty., of New York City (J. Edward Lumbard, Jr., of New York City, of counsel), for the United States.

John D. Lindsay, of New York City, for intervener Pepe.

THACHER, District Judge (after stating the facts as above).

There can be no doubt that the statute is to be construed as authorizing the exercise of power, conferred by statute or inherently possessed, solely for the purpose of abating an existing nuisance. U. S. v. Chesebrough Manufacturing Co., 11 F.2d 537. The decree is always to be addressed to the rights existing, not at the moment of suit begun, but at the time of its determination...

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