East Oregonian : E.O. (Pendleton, OR) 1888-current, 1913-06-13

measure adopted by the last legisla-
ture and now a law of the state of
| Oregon:
CHAPTER 274, LAWS 1913.
An Act.
To enjoin and abate houses of lewd-
ness, assignation and prostitution,
to declare the same to be nuisances,
to enjoin the person or persons who
conduct or maintain the same, and
the owner, lessee or agent of any
building used for such purpose.
Section l. Whoever shall erect. es-
tablish, continue, maintain. use, own
| or lease any building, erection or place
used for the purpose of lewdness, as
! signation or prostitution or any other
immoral act, is guilty of maintaining
a nuisance and the building, erection
| or place, or the ground itself. in or
upon which or in any part of which
such lewdness. designation or prostitu-
ton is conducted. permitted or car
| ried on. continued or exists, and the
furniture, fixtures. musical instru-
ments, and contents are also declared
a nuisance, and shall be enjoined and
abated as hereinafter provided.
Section 2.-Whenever a nuisance is
kept. maintained or exists, as defined
in this act. the district attorney shall
or any taxpayer of the county may
maintain suit in equity in the name
| of the state of oregon to perpetually
enjoin such nuisance. the person or
persons conducting or maintaining
the same and the owner, lessee or
agent of the building or ground upon
which said nuisance exists. No pre-
liminary injunction or restraining or
der shall issue without notice, but
when such order is prayed for in the
complaint and it shall appear from
the facts shown by affidavits or by
the complaint that nuisance as here
in defined exists and that the public
interest and good morals require its
prompt abatement, the court or judge
thereof shall make an order fixing
the time for the hearing of such ap-
plication not less than three nor more
than five days after service of notice
on the defendant. Upon such hearing
the court shall inquire into and dis
pose of the matter and for that pur-
pose may receive evidence in the form
of affidavits, oral or documentary
testimony, and if it shall appear to
the satisfaction of the court that such
nuisance exists and that the public
morals and good order require that 1t
be promptly abated the court snail
issue the preliminary injunction as
prayed for. No continuance of
hearing on such application shall be
granted at the instance of a defend
ant except for good cause shown, ana
in no event for a longer period than
ten days in the aggregate unless on
consideration the restraining order is
sue as a matter of course. which or
der shall be eforced pending the hear
ing When an injunction has been
granted. it shall be binding on the
defendant throughout the judicial dis
trict in which it was issued, and any
violation of the provisions of injunc-
tion herein provided shall be a con-
tempt as hereinafter provided
Section g. The suit when brought
under the provisions of this act shall
be promptly tried. and in such SUIT
common fame shall be competent evil
dence in support of the complaint III
the complaint is filed by taxpayer
II shall not be dismissed except upon
q worn statement made by the COM
nlainant and his attorney setting forth
the reasons why the suit should pe
dismissed. and the dismissal approved
nv the district attorney in writing OF
in open court. If the court Is or the
opinion that the suit ought not TO De
dismissed. he may direct the dlstrlct
attorney in writing to prosecute salu
suit to Judgment, and If the suit Is
continued more than one term Vi
court any citizen Of the county or
the district attorney may be supsu-
tuted for the complaining party ana
prosecute said suit to judgment. II
the suit is brought by a taxpayer anu
the court finds that there was no rea-
sonable ground or cause for SAID SUIT
the costs may be taxed to such TAX
payer
Section 4. In case of the violation
Of anv Injunction granted under the
provisions Of this act the court OF
In vacation. a Judge thereon. may
summarily try and punish the oIiehu-
or. The proceedings shall be com
menced by filing with the clerk OF tne
court an information under oath, set
ting out the alleged facts constitut-
ing such violation. upon wh1ch the
court or judge shall cause warrant
to issue. under which the defendant
shall be arrested. The trial may De
had upon affidavits, or either party
may demand the production and oral
examination Of witnesses. A party
found guilty OF contempt under the
provisions Of this section shall be pun
ished by fine of not less than two
hundred dollars nor more than one
thousand dollars. or by Imprisonment
in the county Jail not less than three
months nor more than six months or
by both fine and imprisonment
Section 5. II the existence of the
nuisance be established in a suit as
provided in this act. an order of
abatement shall be entered as a part
OF the judgment in the case, which