“Do you mean to say that improper persons must be received?”
“Oh dear no! A traveler who behaves in a disorderly or improper manner may be refused admission,[13] and so may one who has a contagious disease, or is drunk.[14] And, of course, if there is no room, admission may be refused.[15] But it will not do for the publican to say that he has no room, if such statement be false; for that venerable authority, Rolle, says: ‘Si un hôtelier refuse un guest sur pretense que son maison est pleine de guests, si est soit faux, action sur le case git.’”[16]
“You don’t say so!” said my friend, aghast at the jargon. I continued:
“And a publican must not knowingly allow thieves, or reputed thieves, to meet in his house, however lawful or laudable their object may be.”[17]
“Suppose they wanted to hold a prayer-meeting, what then?” asked my wife.
“I cannot say how that would be; but a friendly meeting for collection of funds was objected to. Nor should he allow a policeman, while on duty, to remain on his premises, except in the execution of that duty.[18] And he may prohibit the entry of one whose misconduct or filthy condition would subject his guests to annoyance.[19] And I remember reading that Mrs. Woodhull and Miss Claflin were turned away from a New York hotel on the ground of their want of character.”
“What if the poor hotel-keeper is sick?” inquired Mrs. Lawyer.
“Neither illness, nor insanity, nor lunacy, nor idiocy, nor hypochondriacism, nor hypochondriasis, nor vapors, nor absence, nor intended absence, can avail the landlord as an excuse for refusing admission.[20] Although the illness or desertion of his servants, if he has not been able to replace them, might be an excuse; and perchance his own infancy, and perchance not.”[21]
“What can you do if he refuses to let you in?” asked my friend. “Break open the door?”
“No, that might lead to a breach of the peace. You may either sue him for damages, or have him indicted and fined; and it is also said in England that the constable of the town, if his assistance is invoked, may force the recalcitrant publican to receive and entertain the guest.[22] If you sue him you will have to prove that he kept a common inn;[23] that you are a traveler,[24] and came to the inn and demanded to be received and lodged as a guest; that he had sufficient accommodation,[25] and refused to take you in, although you were in a fit and proper state to be received,[26] and offered to pay a reasonable sum for accommodation.”