The Savannah morning news., 1901-06-25
ROYAL DECIDED NOT R0WDY.
Recorder Let Massart OF With n
Warming.

MuTnAn&
The case against E A Massart,
charged with keeping disorderly house.
commonly known as the Royal Music
Hall, will be dismissed by Recorder Ny
rick in Police Court this morning. The
police magistrate in his decision will re-
fer to the class of performances alleged
to have been given in the concert halls
in this city. He gave the Royal Music
Hall case his careful consideration and
attention and the paper that he will read
this morning is interesting. The de-
cision follows:
"E. A. Massart, proprietor of the Royal
Music Hall was arrested during the pres
ent month by Officer D. w. Jernigan of
the police force, and charge was enter
ed against him on the docket of the Po-
lice Court, of keeping a disorderly house.
on Broughton street. west. in this city,
at the place which is known as the Royal
Music Hail. This charge grew out of an
other arrest, made at the same time and
place, of an employee of the music. hall,
for alleged larceny, from a visitor, who
CHANGED to enter the hall. The case was
finally heard by the court on Friday the
21st of June. Massart having entered a
plea of not guilty, at which time, on ac-
count of the large number of witnesses
and the conflict in their testimony the
courts decision was reserved.
"Section 1888 of MacDoneli's Code OF
Savannah provides that ANY person who
shall in the night or day disturb the
peace and quiet of the city in any man.
ner whatsoever, or shall be guilty OF any
riotous, disorderly or improper coaduet'
Or keep a disorderly house Within the
limits of the city of Savannah, such
person SHALL on conviction before the 70
lice Court, be fined in a sum not e1-
ceeding one hundred dollars. or De I'M
prisoned not exceeding thirty days, or
both at the discretion of the Mayor or
person or persons presiding at the Po-
lice Court; each days keeping of dis
orderly house to be considered a separ-
ate offense.
LAS to what constitutes keeping dis
orderly house is not defined by the oral
nances of the city of Savannah, this pc
ing left to the discretion of the presiding
officer of Police Court.
.DTbe present City Council as well as the
City Council of previous administrations,
have each year licensed in the city what
are known as Music or Concert Halls,
the tax ordinance of 1901. page II, provid-
ing a license of $500 a year for such
business. The testimony showed that
Massart was running Music HaI or
Concert Hail. sucn as are, and nave
been ordinarily, run in past years in Sa-
vannah; and the supposition is that ne
has paid the license to do such bust
ness, not having been shown to the con-
trary.
Il.
not entitle him to keep a disorderly house,
in the meaning of said Section 1883 of Mac
Donelrs code. while engaged in running
a music or concert hall. The question
of license is referred to only to show that
this court has nothing 90 do with the
propriety, or improperly. of allowing, or
licensing, what are popularity known as
music or concert halls in Savannah. This
court is not concerned with their right
to exist and give performances so long
as the ordinances of the city are not VIC
lated, this having been settled by Coun-
Gil
1.-The evidence before the court indicated
that the performances at Savannah music
halls, and at the Royal in particular,
would by no means rank with theatrical
performances of the first order, at least
from a moral standpoint; but the court
will not undertake to say that because
theatrical performance is of low order,
and somewhat vulgar. that the proprietor
thereof is guilty of keeping a disorderly
house There must be something more
than this TO make out a case of keeping
disorderly house
in passing 1t may be said that there
was evidence before the court, from repu-
table parties, that the performances at
the Royal were by no means bad or wick
ed; on the other hand, there were several
who testified that 1t was not proper
place to go: though they themselves fire.
quented it quite often.
I'm order for such a place as this to be-
come disorderly in the meaning of the
city ordinance. it must become either Of
fensive or a nuisance TO those, who
either live in the neighborhood, or who
do business there, or there must be bois-
ferrous or riotous conduct Within or just
without its doors, or there must be crimes
continually committed there. or the per
formances must he so vulgar and of such
a low order as to shock the moral sense
Of the average individual.
mo evidence to any extent was sub
r.itted to the court which would war
rant the court in holding or finding tina.
anything similar to that which has been
lust narrated took place or takes place in
the Royal
There was evidence from several mcr-
chants who have faces OF business across
the street that on two or three occasions
during the past few months, they had
seen women scantily attired, or not at
tired at all. appear at the open windows
In the ROYAL and that women not prop
erIy dressed. supposed TO be actresses
were seen going IN and out the place.
There was evidence that miners had been
admitted 10 the performance, and that
noisy crowds OF small boys had been
hanging about the place trying 70 Dry
into what was going on inside. But u
was made also 70 appear 20 the court that
Mr. Massart had endeavored 70 have the
police keep such boys away from the
place. and also that he had warned his
women performers that they must con-
flne themselves 10 their rooms and not be
seen az the windows. or on the streets, IN
Improper costumes, or IN no costumes.
THE evidence that the business u alAr-