The Town of Linden v. Fischer
| Citation | 191 N.W. 901,154 Minn. 354 |
| Decision Date | 26 January 1923 |
| Docket Number | 23,224 |
| Parties | THE TOWN OF LINDEN AND OTHERS v. PETER FISCHER |
| Court | Supreme Court of Minnesota (US) |
Action in the district court for Brown county to restrain defendant from operating a public dance hall. From an order granting a temporary injunction and from an order, Olsen, J., adjudging defendant guilty of contempt, he appealed. Affirmed.
Public dances subject to regulation.
1. Public dance halls or public dances at which congregate an indiscriminate gathering of bystanders and participants, are subject to regulation and control by the state, or by a municipal subdivision thereof to which the right of control is delegated by legislation.
Town by-law valid.
2. A town by-law enacted under the authority granted by chapter 478, Laws 1921, is valid and effective as such regulation.
Violation of restraining order may be punished as contempt.
3. A restraining order embodied in an order to show cause why temporary injunction should not issue to hold matters in abeyance pending the action has the same force and effect as a temporary injunction, and a violation thereof may be punished as a contempt of court.
Acts which will create a public nuisance may be enjoined.
4. An injunction may issue to restrain threatened acts which, if committed, would amount to or create a public nuisance although a crime would thereby also be committed.
Temporary injunction against holding dances without license justified.
5. The evidence justified the trial court in finding defendant guilty of a violation of the restraining order issued in the action, and also in granting a temporary injunction restraining defendant from giving or holding public dances in the town, without license and in violation of a town by-law pending the final determination of the action.
C. J. Laurisch and Regan & Grogan, for appellant.
Mueller & Streissguth, for respondents.
The town board of supervisors of the town of Linden in Brown county, acting under the authority conferred by chapter 478 p. 794, Laws 1921, on May 17, 1922, duly enacted a town by-law prohibiting the maintenance of public dance halls within the town, except when thereto licensed as therein provided. Subsequent to the enactment of the by-law a license was issued to defendant in this cause, thereby extending to him the right to conduct a public dance hall upon premises owned by him within the town for the term of one year from June 1, 1922. Defendant operated thereunder during the month of June, but on the twenty-seventh thereof the town board, for reasons deemed sufficient, revoked and canceled the license, of which defendant was duly advised. The revocation in the manner stated is authorized by the statute and thereunder the board acted in withdrawing the license privilege. Notwithstanding the revocation defendant announced his determination to continue the dances at his place, and called one for July 2, 1922. Whereupon the town board brought this action to restrain the same, and to restrain and enjoin any other public dances at defendant's place at any time in the future. At the commencement of the action plaintiff procured from the court below an order to show cause why a temporary injunction should not issue restraining such dances pending the action; a restraining order so providing being incorporated in the order to show cause to be effective pending the hearing and determination thereof. The order was duly served on defendant, but, in total disregard of the restraining order therein, he held the dance advertised for July 2, and entertained those who attended the same. He was thereupon cited before the court in contempt proceedings for disobedience of the restraining order. The order was returnable for hearing on the merits on July 12, 1922, the day set for the hearing on the application for a temporary injunction. The defense interposed by defendant to the contempt proceeding was that his wife gave the dance in question, and that he took no part therein. He opposed the issuance of a...
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