United States v. Studio Club

(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. U. S. v. Gaffney et al., 10 F. (2d) 694. If, therefore, the nuisance has ceased to exist, in the sense that there is no reasonable likelihood of its recurrence, dismissal of the…