Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1904-03-26

dedicated by the public. Thus, IN
schools. the public must not use the
building al all when occupied Tor school
purposes, nor must II be used at any
other time " such use will interfere
with the proper and usual arrangement
Of the school furniture. Within these
limitations the trustees have a right TO
permit the use Of school property for
religious. public and educational gath
triugs Of any nature. and such use has
always aud universally been approved.
Thus the United States supreme court
room. the halls Of Congress, and other
public federal buildings have frequent
IS been occupied fOr national funerals,
memorial services or other national
gatherings state capitols and state In
stltutions Of every sort have frequent
~ been the scene OF state balls and
public state meetings, county court
houses and city halls are the usual
places for holding public conventions:
and similarly the country school
houses have been permitted 10 be the
public assembly halls for the rural clti-
gems.
Nor do | think that II In contrary 10
public policy for sch0OlhOuses TO be
used for occasionally entertaining the
pupils Of the school with concerts or
even school dances, Such recreation
IL as much part of public education
as the military drills and marching
usually taught In well regulated schools
and the mere fact that such retreations
interfere with the seating furniture OF
the school Is 10 valid objection, be-
cause no inhibition exists against such
Interference, II done for school pur-
poses, But II would be contrary to the
spirit Of the law II such infant recrea-
tons were usad as means 10 evade the
letter OF the statue, Children's dances
are permissible and legal, but they can
not upon any pretense be turned INTO
dance 10 which the general public IL
invited and participates, When that
IL done the recreation In no longer for
school purposes, and comes clearly
within the condemnation OF tho Su-
preme court decision above cited,
II Ia apparent that the trustees have
mIsconceiyed the purport Of tho Stu.
preme court decision and the decision
OF this court upon the preliminary
hearing and that they entertain the
opinion that a public dance IL only pro-
HlUlltQ NItll lHlNidNth 10 SUM
and not forbidden when II follows n
permissible chlldren's recreation dance,
In this they are wrong, and they should
be enJolned from such an act,
The Injunction must Issue, neither
party to tax witness fees. all other costs
to be taxed against the defendant trus.
tees.
Let findings and judgment be entered
accordingly"
IMPORTANT DECISION.
The following important decision was
rendered by Judge H. II. Rolapp IN the
case Of ]. r. Terry against Josep Car
yer 81 al, trustees Of school district No.
2, OF Weber county
The plaintiff, taxpayer In school dis
trict No 2, brings the actNJn against The
school trustees OF the distriU for the
purpose OF obtaining n decree If the
court enjolning them from permitting
public and private dances TO be held In
the Warren schoolh0use, an edihce
cred by public taxation OF the dis
triCt for educational pur oses.
The court, after briefly summarizing
the case, renders his decision as fol-
lows:
THE school trustees Justify their ac-
ton Of permitting dances in the schools
house, first, upon the ground that by the
provisions Of section 1892, Rev. stat.
they have right 10 permit school,
house, when not occupied for school
purposes. TO be used for any purpose
which will not interfere with the seat
ing or other furniture ar property" and
hut Ia tn 20
and, second. upon the ground that the
dances held since the hearing upon the
preliminary injunction shows that their
Intent Is simply to advance the physl-
cal and educational welfare of tie pu-
pills
The supreme court Of this state has
placed an Interpretation upon section
1922, which leaves no doubt as TO their
meaning In the case Of Lewis VS. Bate
man (73 Pacn 50D the court says: That
the converting Of part Of school
building into dance hail Is unauthor-
lied, and contrary to public policy as It
would In effect be a incorporation
Of trust property, and opposed to the
principle that citizens cannot be taxed
for private purposes.
Under that decision II II clear that a
dance held In a public schoolhouse to
which the general public Is invited. Is a
legal wrong, for the perpetuatlon Of
which an injunction will issue upon the
complaint OF any Interested taxpayer,
II is also contended by the plaintiff
that any use Of the school building,
other than the mere holding Of class
studies and class Rotations. Is unau-
thorIzed, as opposed to public policy,
and that in so far as section 1922 be-
slows such right upon the board Of
trustees II is unconstitutional and void,