The Washington herald., 1915-07-04
RED-LIGHT Law
DECLARED Valid
Justice Mccoy Upholds Con-
stitutionaity Of the Ken
yon Statute.
CLOSING ORDER UPHELD
Court Decision Is Rendered in Case
Involving the Ardmore
Hotel.
CLOSING ORDER UPHELD

Justice Mccoy. of the District Supreme
Court. yesterday Upheld the constitu.
tiona1fty of the Kenyon "red-light" law
in decision rendered against the owner
and occupant of the Ardmore Hotel, SIS
Thirteenth street northwest. The Ard
more was closed last November. follow
ing raid by police in furthering an
expose by The Washington Herald as to
Immoral conduct in the house.
The decision was given in a suit filed
by District Attorney Laskey, putting q
restraint on the operation of the house,
as provided by the Kenyon act 1t was
the hrst time the law had been tested,
ana the opinion was the first as to its
constituttonality. BY the decision At
torney Laskey's injunction suit, closing
the. motel for one year, is adjudged valid.
Nuisance Under Law.
Justice Mccoy declared that the use
Of building for immoral purposes being
a nuisance under the law, Congress pro-
vided the only effective abatement of
such nuisance" by authorizing the
closing Of such building. The penalty for
such closing OF a building. or that por-
ton operated by the offending tenant,
does not deprive the owner of due pro-
cess Of law, his constitutional right, the
justice affirmed. The owner of the Ard
more. the c. c. Willard estate, through
counsel, had contended a deprivation of
such right
As to the ignorance of the owner re-
Sarding the operation of property by
a tenant. also 4 plea of the Willard es-
tate. Justice Mccoy said: IF closing
the building Is step reasonably neces-
sary for the purpose of abatement of
nuisance, ignorance of the owner of the
existence Of the nuisance does not AFFORD
a reason for holding that such means
cannot be adopted
III the abatement provisions of the
act are to be held unconstitutional, it
must be for the reason that the re-
quIrement that the building be closed for
one year for all purposes. unless a bond
for its value be given, is so far beyond
what is necessary to the accomplishment
OF the legitimate purposes of the act
as to lead to an arbitrary spoliation
of property. which Justice Field. in de-
cision. says IS forbidden by the constitu-
ton
is the requirement that the building
be closed for a year an arbitrary pro-
vision invalidating the act? The courts
have never by definition pointed out
the limits Of the police power because
of the extreme difficulty, if not the
mpo ssiblity OF exact definition. The line
of cleavage between what may or may
not be done constitutionally must be
determined, as most legal questions. not
by definition. but by process of ynclu-
sion and exclusion. Every possible pre-
sumption is to be INDUCED in favor of
the validity of a statute.
similar Provisions Upheld.
The decision of the courts of sew
eral States have upheld provisions
similar to the one here In question In
passing on laws regulating the sale
of Intoxicating liquors and so-called
red light laws
AS to the furnishing of a bond at
the value of the property, the opinion
a citation from a decision de-
claring such provision of bond is I'M
necessarily drastic and perhaps uncon-
stitutional. but Justice Mccoy declares
that If it is proper to close the house
for a year. any provision seeking a
of such an order which
permits the owner to use the property
certainly cannot be complained of by
him.
Several cases charging violation of
the Kenyon act had been in the courts
but a compromise had always
been reached without the rendering of
a decision as to the legality of the
act
In the Ardmore case an injunction
suit had been filed by United States
District Attorney Laskey and Assist
ant District Attorney Laws against
Franklin c. Jackson, the tenant. and
the c. c. Willard estate. owner of the
property. Both the tenant and owner
fought the suit.