Matter of Application of Stoltenberg

Petitioner’s restraint arises from her arrest upon a charge of violating section 85 of what is known as the Tenement House Act. (Laws 1911, p. 860.) This section provides:

There is no question presented as to the sufficiency of the affidavit of complaint, nor any matter involving a construction of such section, petitioner relying solely upon two propositions, namely: 1. That the act is an improper exercise of the police power; and 2. That it is in effect class legislation in that it improperly discriminates between petitioner and her property and other citizens and their property, both of whom are similarly situated before the law. Upon this application, therefore, we confine ourselves strictly to a discussion of these two propositions. This Tenement House Act possesses various features, some of which have reference to the manner of construction of houses designated as tenement houses, obviously to protect such houses and others in the vicinity thereof from ravages by fire. Another feature has in view sanitary conditions sought to be established through provisions affecting regulations to that end; this for the protection and preservation of the public health. Other provisions…