The Cairo bulletin. (Cairo, Ill.) 1???-1928, 1905-12-01
RENDERED OPINION.
On Legality Of Benting Grouud
Floor of Armory for a Saloon
UNFORTUNATE CONTROVERSY
MUST HAVE HEARING UNI
LESS PARTIES TO ARGU.
MENT CAN SETTLE.

Apropos the dispute regarding The
renting of the ground floor of the ar
mory for saloon purposes, Capt
Greaney is in receipt of the following
letter from Attorney General Stead in
response to his query regarding the
legality of such TRANSACTION.
The attorney general rendered his
opinion on a hypothetical case laid
down in the query but as there Is
dispute in regard to the facts in the
premises, a hearing will be necessary
to determine justice OF the cause but
The Bulletin in common with all
Cairo citizens hopes that the matter
may be settled upon an agreeable
basis and fair to both sides in the dis
agreeable controversy
November "a, 1905
| Adiutant General Thos. w. Scott
Springfield, Illinois.
Dear Sir
| am in receipt of letter from
Capt W. P. Greaney, Company X.
4th Infantry Illinois National Guard,
submitting to me an opinion of the
| following state of facts
Company X Of the 4th Infantry,
I. n. G., have secured the lease upon
the upper floor of bu lding now in
course of construct on. to be used for
the company headquarters; thar 1t
was contemplated in the rental con
tract, al least so far as the officers
of the company were concerned-that
the headquarters would be used for
giving public entertainments and
that they expected to derive there
from an income of from six to seven
hundred dollars per year; that the
owner of the building now proposes to
rent the lower story to be used as a
saloon: and that the use of it as a
saloon will greatly depreciate the val
ne of the portion of the building that
they have rented as company head
quarters, thar the public will not at
tend any public entertainment given
there, and that they will not be able
10 derive the profits they contemplat-
ed when the rental contract was made.
The question he submits is whether
they are bound to occupy the premises
under the circumstances and, practi-
cally. whether the use of the lower
floor for saloon purposes will amount
to an eviction.
It is the law that where the lessor
of property devotes a portion OF a
reserve portion thereof to a use thai
wholly inconsistent with that for
4 which the tenant rented his portion
that amounts to a constructive evic-
ton and the lessee may abandon th5
contract Halligan v. Wade, q III
40, Minneapolis c. Co. v, William
son, 80 Amer St 4SS.
In order to constitute an eviction
it is not necessary that there should
be an actual expulsion. Acts of
grave and permanent character
which amount to a clear indicat on
on the part of the landlord to deprive
the tenant Of the premises, VIII
amount to an eviction, and where
property is devoted to a use wholly in
consistent with that for which por
ton of it has been rented and there
by renders the enjoyment OF the
lease for the purpose intended by The
lessee. as practically valueless, the
lessee may treat such conduct of the
lessor as amounting to an eviction
Keat ne V. Springer, 1f6 Ill 49l; and
note 81 Amer. ST. Rep. 1874.
II a tenant, however, remains IN
possession of premises after con
structive eviction by the landlord, ne
cannot plead the eviction as a 1efensC
in an action for the rents keatine
v. Springer. t4G H. 4sl; Patterson V
Graham. 40 ILL., 531.
am therefore of the opinion tnal
ii the renting Of the lower story OF
the building in question for saloon
purposes will render the room rented
as a company headquarters of far les;
\ value. and the lessor knew the pur
pose for which it was rented at the
time the rental contract was made
and that II was intended 10 be USED
as a place of public entertainment t'
which the public would not resort IL
located over a saloon. then the rent
ing Of such premises for saloon pur
moses would. under the authorities
above cted. amount TO a constructive
eviction.
Very truly yours,
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