The morning Astorian. [volume] (Astoria, Oregon) 1899-1930, 1905-06-21
Again Arrests John Stephenson on
Charge Of Maintaining Pub.
lie Nuisance.
CASE WILL BE TRIED TODAY
Sheriff Plans Campaign Against Ten
derloin Dance Halls. District Attof.
ney will File Information Today and
Prosecute Cases Vigorously.

A writ Of mandamns was served last
night on Sheriff LInyiile by Coroner
w. &. A. pohl, at tbs instigation OF the
dive keepers in the tenderloin, who are
determined 10 defeat the sheriff In hiF
attempt TO rid the Astor street broth
els OF women. Linyille was forced 10
issue licenses TO John Stephenson and
Charles Wisc permitting them to main
tain hurdy gurdy houses. The propric-
tors Of the other places did not apply,
but are expected TO today.
Immediately following Linville rear
rested the men on the charge of main
tanning public nnisances. Wise and
Stephenson we're released on bail In.
formations win be filed against them
today by District Attorney Harrison
Allen.
Stephenson's arrest Monday night Is
hfNspteu as utNHiuIiuH vi wal Auc
dive keepers are apparently determined
to give battle and to succeed in their
fight by means, fair or foul.
John II. and A. NJ. Smith, +. J. Taylor
and George Noland, attorneys for the
dance hall proprietors, went before Judge
Mcbride yesterday and demanded that
the clerk be directed to issue blank II.
censcs 10 Sheriff Linville, averring that
the latter, in compliance with the law,
must dispose of these papers, permitting
Of the maintenance of hurdy .gurdy
houses, at the rate of Sl00 the month.
Blank licenses were issued by the clerk
but the sheriff refused to accept money
or issue a license, basing his action on a
recent decision OF the supreme court
which held that no license shall be Is.
sued for a public nuisance. The attor.
neys for the dive men contend, however,
that the law provides license for main.
tanning saloons and that saloons are
nuisances per sc. They also contend
that while dance hall may be nuts.
ance, yet the statute expressly provides
for the licensing of nuisances apd ii Is
valid statute until repealed They ad.
init that they are maintaining hurdy.
gurdy houses, but argue that under the
provisions OF the law, they are entitled
10 license.
As to whom is in the right, Sheriff
Linville or the dive keepers, nothing 9th.
or than mere conjecture has been arrived
at. City Ordinance No. 2O66, Sec. !,
which dictates that no woman shall be
allowed to remain in, loiter about OF so.
licit drinks in any bar.room, drinking
shop, club, or gambling room of AMI sa.
loon in the city, takes precedence over
the statute law providing for the issu.
ance of hurdy.gurdy house licenses.
This ordinance has been violated every
day since It's enactment, March 8, 1896,
but as to whether the sheriff has any
authority to enforce a city ordinance
is a question that has not been settled.
The dive keepers persist in the conten.
tion that they are entitled to licenses
under the provisions of Sections Ss60.7O-
II and 72 of the Statutes of Oregon and
are determined to carry the fight to the
end. The statutes mentioned are as fol-
lows:
Sec. $500. From, and after the first
Monday in December, 1864, no person
or persons shall be allowed to keep any
house for public dancing, commonly call.