The sun. [volume] (New York [N.Y.]) 1833-1916, 1910-03-18
TEE pANciNa scMooL LAM.

The Court % Appeals % this State. o., -.
three. has Just held uneonstitusionAl Char
ter eco % the Laws of ieoo. IN tire case -
People Of rel. Duryea Agatnst WILDE
peace onicer OF the county % New Nor.
The statute in question amended the Cha e,
Of Greater New York by adding there
sections lees 20 Is0a Inclusive The
refers amonR other thinRs - the liosrs %
and conduet Of dancing aeaAemtea n % 10
city. and It's obJecs was TO protect childgsr
from the WILSON'S iRauences oi so-cau.t
daecing schools a. well a. from uHsannarv
conditions therein.
Judge Chase In tho majority Opinion NJ
the court holds that the enactment 80.
biirary in that it uniustly discrivnina .,
therein. and 50 far a. u requires q li~ense -
therein provided h void In hls view 10 a
supported by Chief Judge Cullen ana Judge.
Edward 7. Bartlett and htscock Inc
statute - upheld Ia q stronG dissenting
opinion by Judge Vann. cOncurrad N NV
Judges Werner and willard Bartlett,
The case reached the court on the DE-
missal OF a writ 81 habeas corpus. the rsarpr
having been arrested for ccndwctins dan.
Ing academy without Q license. The Court
% Appeals rsverses the orders ~ the Iousr
courts On the ground. among Others the,
the statute - Worded In substance ahsci.
not the character Of the person keeping ne
place. bat requires the payment % q licens.
fee for tho use Of The place Itself In o. hsr
words. the act after denaing a public dan.
inR academy and DIVIDING for the lIcensin.
thereof provides for compliance with ,hs
building code and q system of iaspectioa
for the purpose Of keeping the place itssi
sanitary and safe.
Judge Cha - holds tina the act a. word.
IL not an exercise OF the police power ~
preserve the morals Of the city. Ne con.
cedes that Legislation IL valid which has for
its object the promotion Of the rublie health.
safety. morals. convenience and esneral
welfare or the prevention Of fraud ~ In.
morality. but contends that the pre.en,
ste tute is not fra med to achieve this end
Judge VAnn vigorously dissents from
what may he called the strictly technical
view Of the ma jority Of the court W
finds that the act h limited IN its opera.
ton only to public da ncing schools ana docs
noe apply TO private dancing schools ~
to public places where dancing 10 carried
on without instruction, that u reasonably
Affects all aliks In the sams general CASA
He considers II particularly appropriate
for the Legislature TO provide that public
da ncing AGA denies. which attract the young
and inexperienced OF both sszes. shall NJ,
he maintained where Intoxicating H0ae.a
are sold. ." and that the phcs
itself must in each Gaze aatisfy the require.
msnts OF the building code. Judge Ianh
further argues:
. thIak the oct 10 valid because Il ,snds -
promote safety. health and deceney 10 pse.,
20 which the public are iavtted. and where mar
people. nalsiy tire young % both sexes are APT 10
coagreGsie. The principle upon which tnis prop
osttioa rests 10 conceded ny sn euI ~e dife1
g. 10 its applieatton. and ! have endea, erred
show that u applies 10 the statute before
The wisdom OF such legislation u no ccnce'n
OF the courts. The coacrete question a. Msy q"
Legislature take proper precautions 70 ses 'n
subaic places places 20 watch TIE pubic a.
Invited are safe. sanitary and decent
u 10 plain. therefore. that tho member
Of the court are united on the principle
involved. u " unfortunate that the statue
waa so CTu6elv framed a. 10 admit ~ tho
objections which . ma jority Of the cour'
holds to be fatal to Ito enforcement Tn"
need OF such = law to protect TIE heath
and mora s Of the young of this city - mani
fest. The Legislature should cure Inc do
fects in the present law without delay.