(concurring specially).
I concur in the affirmance of the judgment. However, I consider it unnecessary to a decision in this case to hold that Section 53-0210 NDRC 1943, imposes a criminal liability upon the proprietor of a dance hall for the violation of the provisions of the statute by his employees and I express no opinion as to the correctness of this holding. ,
The evidence is undisputed that the defendant personally participated in the crime charged and no theory of vicarious guilt is necessary to sustain his conviction. It was established that defendant made an arrangement with the parents of two of the minors named in the information that they would be admitted to the public dances at his dance hall without being attended either by a parent or legal guardian, in violation of Section 53-0210, supra. It was also established that subsequent to this agreement the minors were so admitted. As I view it, this evidence is clearly sufficient to sustain a finding of personal guilt on the part of the defendant.