The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1925-07-09
''Test Case" Ends This
Morning After Trial Of
John Fangrath.
RAN A SUNDAY DANCE
Charged with Running With
out a Permit, tn Defendant
Comes Off, a Victor.

A blow was given to the present
county dance hall ordinance so far
as running a public dance on Sunday
is concerned, by the verdict of jury
in the municipal court this morning,
finding John Fangrath, proprietor Of
the Aquila resort, not guilty.
True, Fangrath was charged, not
with running dance on Sunday but
with running public dance without
a permit; for had the district attor-
ney brought the charge of unlawfully
running public dance on Sunday, he
would have been bombarded by the
dance hall men to close the moving
picture theaters and forbid baseball
games on Sunday.
Case Heard This Morning.
Fangrath was charged with running
a public dance without permit on
Sunday, June 21st, at the Aquila re-
sort, in the town of Randall. The
case was heard this morning in
the municipal court before mixed
jury of six men and women.
The state called as witnesses Turn
key Ray Willems, who testified that
he found Fangrath running on June
FL without a permit, and Miss Iva
RUSSELL county clerk, who testified
to the provisions of the county dance
hall ordinances. Miss Russell said
that person who had received Ii
cense to run dance hall for year
by the county board was required to
apply for a permit for each dance
held, and to apply three days be-
fore the dance, leaving a deposit
for supervisor.
Defense Admits Facts.
Attorney Edwart Ruetz, represent
ing Fangrath, told the jury that the
defense admitted all the facts in the
case, as presented by the state, which
was represented by District Attorney
Powell and his two assistants.
1--WE concede the facts as represent
ed" said Mr.. Ruetz. people were
dancing at the Aquila pavilion, some
three or four hundred people, fathers
and mothers, sisters and brothers,
young men and their sweethearts.
Fangrath has violated law, but he
has not violated the law with which
he is charged. He has violated the
state law which prohibits public
dances on Sundays, movies on Sun
days, baseball on Sundays.
"The day Fangrath operated was on
Sunday. He could not secure per-
nit to run a dance on that day be-
cause the state prohibits running a
dance on Sunday. How then could he
violate the law by not applying for a
permit? 1t is the same as charging
man with stealing five dollars without
applying for a permit. You can
not legally issue permit for an
unlawful act.
az want to point out to you the UNI
reasonablensss of the law. In the city
dancing on Sunday Is permitted; two
miles farther cut it is not permitted.
This is only sending our young people
on Sundays 70 unsuperyised places
far from home in Lake county and
other counties. There is too dis
elimination in the law, which allows
fraternal organizations, so CT e tie S,
churches and schools to run dances
without a permit and forces the man
outside these organizations to get
one. Remember this, that Fangrath
has violated the law, but only the
Sunday blue law, and he Is not charg-
ed with violating that"
The jury after brief considera-
ton Of the case, found Fangrath not
guilty.