The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1891-01-04
III.
0UTLAWED BY THE COURT
-~-~------g
Landlords Unable TO Collect Rents
of Houses Leased for Inn
moral Purposes.
Decision by Justice Woodman
which interests Wood Street
Property Owners.
Authorities Cited In Support Of the Posi-
ton That There In No Redress
at Law.

Hereafter, until the matter is judicially
passed On by the highest court in the state,
owners OF houses IN Wood street
will either nave to depend on the
honesty Of their tenants or go with
out their rents. Justice Woodman has just
rendered q decision TO tho effect that q
landlord has no remedy at law for non pay
ment of rent on q place leased for immoral
purposes. The case will be taken TO the
district court and from there to the sn-
prone court, as involving q question never
before raised in this state and which will
have to be determined finally to prevent
endless and costly litigation.
Maggie Mitchell rented the Twin Cot
tages on Wood street at the rate of $40 a
month. The owner is Lee b. Smith. OF
Washington city. The Mitchell woman
got behind to the extent of two months
rent, or $3.50. Suit was brought in Justice
Woodman's court to recover the amount.
No denial was made of the Indebtedness,
but the defense set up the claim that a
contract for renting a building for immor-
al purposes was illegal and against public
policy and that there could be no
a 5SSeve This 1 81 . money new nro nl'sEsa %e to be
to the justice, 80 he took plenty of time to
look up the authorities. His decision is
that rent cannot be collected for a house
which is leased for immoral purposes, for
illegal gambling, or any other unlawful
business. The only remedy the landlord
has Is the right Of dispossession. Even
that recourse may be difficult if it is show
that he knew when he made the contract
that the house was to be used for immoral
purposes. In other words the Law does not
recognize him 90 having any rights what
ever under such a contract. 1t the house
has been rented without any knowledge o:
the class of business that it is proposed to
conduct there, n the owner subsequently
finds out that it is being used for immoral
or illegal purposes, he is entitled to recover
rent up to the time he ascertained that
fact, and also to have the tenant elected.
The statute books Of Montana contain nc
Laws bearing directly o the point, but it is
ties both in this country and in England.
Taylor on Landlord and Tenant and Woods
on the same subject are authorities.
One Of the leading opinions on such mat
tiers is that delivered by Judge Lumpkin, of
the supreme court of Georgia, in the case OF
James A. Ralston versus Elizabeth Boady.
It is found in twentieth Georgia reports.
The decision says:
Counsel for Ralston seems to be alarmed
lest the doctrine commended for on the other
side, if sustained by this court, would turn
turn out bawds naked and houseless. to
starve in the streets; that no one dare make
or wash clothes, build houses or furnish
food or fuel for them. As women they are
entitled to eat, drink, dress and be sheltered
as others, but no one, at the risk of loss to
themselves must furnish any of these COM
forts or supplies for the purpose of exciting,
encouraging or aiding these harlots to COM
nit a crime. For if they do and the jury
so finds they will and ought to lose their
money. For the maxim ex turpi causa non
oritur actio is as old as the law"
The number of houses On Wood n other
streets i'll Helena rented for immoral pur-
poses probably reaches fifty.