The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1921-12-15
POWER LODGED
IN CITIES TO
GOVERN ! DANCES
Attorney General Johnson's Of
flee Rules on Request of
Local Women
STATE FUND EXHAUSTED
License Department Has $4,7O0
of Unpaid Bills, Official
Reports
STATE FUND EXHAUSTED

City authorities have power to pass
ordinances Regulating public dance
halls, according to an opinion Of the
office of Attorney General Svein-
bjorn johnson.
The opinion was rendered in a COM
munication in reply to a request Of
the organized women Of Bismarck
/. through the Community Council. The
women had asked the city commission
to regulate dance halls and was re-
ferred to the state licensing depart
ment.
There is no state enforcement de-
partment at present because the funds
of the division of the attorney gen.
erals office were exhausted when At
torney General johnson took office.
A report by the state auditor is to
the effect that the funds Of the de-
partment are overdrawn $2.46 and
there are unpaid bills in the amount
of $4,709.91. Since most of the col
lections have been made for the cur
rent fiscal year it is improbable that
the attorney general will be able to
engage force for this department.
Opinion in Full
The opinion, written by Assistant
Attorney General George Shafer, fol-
lows:
"Under date of December 9Th you
requested an opinion from this office
on the following questions:
81. Have cities power to regulate
public dance halls by license or in
spection?
= "2. If not, is such power invested
in the state and which department
has jurisdiction?
"3. If under control Of state Of
ficials, are public dance halls inspected
and supervised regularly and reports
made to responsible officials?
Replying thereto, we beg to advise
you that cities have. not the power to
regulate dance halls by license or in
spection but such power rests exclu-
sively in the state government under
the jurisdiction of the state licensing
department Of the attorney generals
office.
Answering your third question we
have to advise that the files and rec
ords of this department do not indiS
cate that public dance halls have been
heretofore regul:hly inspected and
reports made to this office.
''In this connection, we regret to
advise you that the state licensing de-
partment is almost entirely disor-
ganized due to the exhaustion of
funds and that it will undoubtedly
take considerable time to reorganize
the department on a basis that will
insure adequate and proper enforce
ment of the laws relating to the H.
censing and inspection of public dance
halls and similar institutions Ac-
cording to the state treasurer's re-
port for the month of November, 1921,
the funds of this department were
overdrawn $246, while there are un-
paid bills in the state auditors office
in the amount of $4,7O9.91. Current
receipts of this department are alto
gether too small to permit Of the Ii
quidation Of these bills for some time.
1T is our opinion, however, that
although cities do not have power to
regulate public dance halls by license
and inspection, nevertheless the cities
do have full power and authority to
regulate the manner Of conduct of
such institutions by ordinance pre-
scribing conditions Of regulating and
providing a penalty for the violation
thereof, and that cities have power by
ordinance to regulate and control
public dance halls and like amuse-
ments in any manner not inconsistent
with the licensing and inspection
powers of the state licensing depart
ment. In other words, we hold that
the law creating the state licensing
department does not repeal the ex-
pressed and implied powers of cities
to regulate such institutions, so long
as such regulation and control does
not take the form of licensing 6r in