State Appeals Case Against Gem Theater

An appeal has been filed in the supreme court by the state of Utah in the case brought against the Swanson theater circuit, as proprietor of the Gem theater in this city.  The state board of health found certain conditions that were held to be contrary to regulations placed in effect by the state board of health, under powers given it by the lesgislature.  City Judge Ben Johnson dismissed the case on the gournd that the theater is not a public building, although it is a public place.  Judge L. B. Wight, on appeal, held to the same view.  Now the state board of health's authority is confined merely to such places as the capital and the city and county building, or whether it also has control over buildings where the public may be present on the payment of admission prices.