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Show Annotation in American Law Reports Is Received Here Case of Ogdon City against John Deo Leo which decided tho validity ' or ordinance interfering with privacy is restaurants, as reported in the i American Law Reports, voiumo 5, has just been received In Ogdcn. Tho case Is given much space In tho reports through Its unusual features. Annotation contained In the report regarding the Ogdcn caso follows' "An extensive search reveals no decision de-cision except that in tho reported caso (Ogdcn City vs. Loo, ante 960) which deals with tho validity of legislation enacted by a state or a city regulating restaurants, which interferes with privacy pri-vacy therein." "In file roported case 11 appeared that thai city of Ogdcn passed an ordinance ordi-nance making it unlawful to havo any booths or stalls in any public eating place which were higher than 3& feet from the floor. The defendant, when prosecuting for a violation of this ordinance, or-dinance, assailed It on the ground that If was unreasonably oppressive, and constituted and undue Interference with a lawful business. Tho court held that tho ordinance under consideration consid-eration did not interfere with tho rcsturant business unduly and was therefore valid, as such ordinanco was j enacted to prevent persons inclined to violate both law and good monus j from gathering in such places i "While the validity of regulations as to the use of screens and the like in saloons is outside the scope o( this note, the court 5n Stato v. Bargo (1001) S2 Minn. 25C, 53 L. R. A. 42S,-S4 42S,-S4 N. W. Oil, applied the samo theory which finds expression in the reported case (Ogdon City v. Leo). In that case the court sustained an ordinanco I prohibiting booths or stalls in places where intoxicants are sold, saying: "It is a fact, of which we may take Judicial Judi-cial notice that opportunities for men and women, old and young, :o lounge drink and carouse in secrecy, free from the observation of tho police and all other persons, are demoralizing in the extreme, and directly tend to drunkness, licentiousness, and the corrupting cor-rupting of unwary youth." "Tho existence of any drinking booth, stall, or other like inclos.uro, with screen, curtains, or partitions, within tho room named in a license for the sale of intoxicating liquors, affords Just such opportunities." Ogden City was represented by W. H. Recder Jr., and David L. Stinc. ' oo LEONARD TO BOX PORTLAND, Ore., May 1. A tenta-tivo tenta-tivo agreement was reached here 10-day 10-day between Billy Gibson, manager 'for Benny Leonard, members of the Leonard boxing commission, and Bobbie Bob-bie Evans, promoter for a boxing 'match to be held here lnyJuno at the time of the Shrine convention between be-tween Leonard arid some opponent yet to be. named. |