#### City of Chicago, Plaintiff in Error, v. Thomas D. McGuire, Defendant in Error.

Gen. No. 19,228.

(Not to be reported in full.)

Error to the Municipal Court of Chicago; the Hon. John R. Caverey, Judge, presiding.

Heard in the Branch Appellate Court at the March term, 1913.

Reversed and remanded.

Opinion filed March 31, 1914.

Statement of the Case.

Action by City of Chicago against Thomas D. McGuire for violation of an ordinance of the City of Chicago. The ordinance provides: “That no person, firm or corporation owning, in charge of or in control *590of any public lavatory or washroom shall maintain in or about such lavatory or washroom any towel for common use. The term ‘common use’ as used in this ordinance shall be construed to mean for use by more than one person.” The defendant was charged with maintaining roller towels for the common use of guests in a lavatory or washroom of his lodging house. The court found that the lavatory maintained by defendant was not a public lavatory and' entered judgment for defendant. To reverse the judgment, plaintiff brings error.

Abstract of the Decision.

Health, § 2 * —when ordinance prohibiting common use of towels in public lavatories applicable to lavatories in lodging house. A lavatory or washroom in a lodging house for men guests only, held to be a public lavatory within the meaning of an ordinance prohibiting persons owning or in charge of any public lavatory or washroom from maintaining towels therein for common use, it appearing that the lodging house was such that any one seeking lodging was invited and the lavatory or washroom and roller towels therein were for the common use of all guests on the same floor, and that the accommodations were open to the public with only such restrictions as are generally applicable to hotels and other similar public places.

William H. 'Sexton and James S. McInernby, for plaintiff in error; Albert J. W. Appell, and L. B. Hoover, of counsel.

Burke, Jackson & Burke, for defendant in error.

*

See Illinois Notes Digest, Vols. XI to XV, same topic and section number.

Mr. Justice Barnes

delivered the opinion of the court.