The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1901-10-07
Auditorium May Be Used For
Paid Entertainments.
Judge Hazen Denies Injunction
This Morning.
LIKE OTHER DECISIONS
Many States Have Decided the
Point Directly.
Attorneys For L. Nj. Crawford
Say They Will Appeal.

Judge Hazen. in the district court
this morning handed down his decision
in the injunction asked by L. NJ CraW-
ford to prevent the city council from al
lowing the Auditorium to be used for
entertainments The injunction asked
for was denied
Judge Hazen, by denying the injunc-
ton, held that the city had a right 10
let the Auditorium for hire and that
public entertainments can be held
there. The attorneys for Crawford at
once gave notice OF an appeal to the
supreme court
In handing down his decision Judge
Hazen said: There are two questions
to be decided. First, whether such an
action as this can be maintained and
second, whether the city is wrongfully
using the building" The court passed
over the question of the legal right to
bring an injunction such as was asked
TO. and said: THE supreme court has
not had the question before them for
decision whether a city has the author
ity to hire such buildings but has had
the question of whether a school board
has the right to rent school house for
any other purpose. There is a distinc-
ton to be drawn between school dis
trict and a city"
In discussing the contention of Craw-
ford's attorneys that the Auditorium
can be used only for municipal pur-
poses, Judge Hazen said: IF the build
ing can only be used for municipal pur-
poses that would bar conventions and
this action is not meant to close the
building against conventions"
Upon the question of whether renting
the Auditorium for hire or whether
renting for a nominal price, Judge Ha-
zen said: Il think this question is set
tied in the 113 Massachusetts,. The
court read from the Massachusetts de-
ciSion covering case similar to the
Auditorium case where suit was COM
menced to prevent the town authorities
from renting the town hall for other
than municipal purposes. The decision
was that while the town had no right
to build hall to be in direct competi-
ton with other places such as opera
houses that after having the hall built
in good faith for the good of the town
that the town has a right to occasion
ally allow it to be used for other pur-
poses-'
Judge Hazen I'D: 'The old building
used for the city building was sold and
a new building for the council, fire de-
partment and city officers was built on
new property. 1t can be truthfully said
that the building was a necessity and
that it stands constructed for a legiti-
mate purpose. 1 take 1t under the
charter of the city that we have no
right to erect an Auditorium alone bu-
the city had the right to appropriate
money for the building and to have the
hall incidental to the main building
Judge Hazen referred to a Wisconsin
case where a city bought an opera
house and put it in condition to be
used for amusement purposes and
where the supreme court of that state
sustained the city under the charter OF
the city. Judge Hazen said that the
laws of Kansas made a city charter
much broader and more reaching than
in Wisconsin.
In closing the decision Judge Hazen
said: 1T has been argued that this
works a great hardship against the
plaintiff. I don't think that point has
to be considered. The application for
an Injunction will be denied