The New York herald., 1874-10-07
THE THEATRICAL LICENSE FEE.

This question, OF such grave impor tance to the
atrical managers-the question OF the right OF the
Society Tor the Reformation OF Juvenile Den-
quents TO compel the payment to 1t OF theatrical
llcenses-s gradually reaching the final stages OF
legal procedure. Some time since Judge Dononue
gave decision denying such right. holding the
claim unconstitutional through taxing citizen
1or private use. An appeal was taken from this
decision and the same was argued yesterday in
Supreme Court General Term, before Judges Davis,
Daniels and Lawrence.
E. Randolph Robinson opened the argument in
support OF the appeal. This, he SAID, Is an appeal
from order made at Special Term, on the 2oth OF
July, 1874 continuing pendente lite, an Injunction
restraining the defendants, and each OF them from
beginning or prosecuting against the plaintiff.
who is the proprietor OF the place OF public amuse.
ment in the city OF New YORK known as ''Walack's
Tneatre,n any OF the proceedings authorized by
any OF the sections OF chapter SO OF tne laws. me
sole ground upon which action Is based, and upon
which the orders granting and continuing the IN
juction were made, IS tlat the act IN question Is
entitled IAN act TO regulate places OF public amuse-
ment IN the city oi New .1oFk" IL pro-
yldes that II snail not be lawful TO exhibit 10
the public, in any building &C. within the city OF
New York, any dramatic performance, &C, until
license Tor the place o. such exhlnition ior snch
pur pose shall have been first mad and obtained.
The manifest object OF the present as well as or
the previous acts was 10 provide 0y taxation a
1und In aid OF the Society Tor the Reformation OF
Juvenile Definquents. IL was founded In purely
public Denevolen<e, and administers purely
pubic function, having lor its object the custody
and reformation OF juvenile criminals committed
10 It's charge by sentences OF the courts and
cresion s Aies as i 70 Wv whether it viii or viii not
receive such persons as are Committed
TO its charge; me question therefore therefore us IS
upon particular KIND OF business, and the ap-
propriation OF the same Tor the maintenance OF
a corporation created and existing for no purpose
OF private gain or benent whatever but solely to
administer purely pubic junction, and account
able to tile State for the manner OF its administra
ton, is inhlbited 10 the Legislature by any pro-
vision OF the state or federal constitution. The
use in the present case. WITHIN all tue authori-
ties In TINS State and elsewhere. is clearly and
unquestionahl, public use. and Is not liable 10
objection under the decisions OF those states
which are relied upon by the other sue as hoiding
that taxes ior other than public uses are uuconst
tutlonaL ls tnen, the chafec ana CUSTODY ol Juye,
nile criminals, ana the endeavor TO educate ana
reform them, and convert them INTO respectable,
law abiding citizens, purely private matter, or
branches OF business or industry" in which "tnere
is an absence OF all public interest" 80 Gear
mind at the first bush 50 as TO render it private
use within the authorities relied upon by the other
sideY if not-but II, on the contrary, the nse Is
palpaby a public iuncr,on and duty, having no
bearing Of private Rain-then. within those same
authorities, it is entirely immdteTd, with respect
to the validity ol the tax, that this public use is
delegated to and administered oy private cor
poration and that q large and Wise discretion IS
gwen 10 such corporation in It's administration.
Tne imposition OF tax upon a business winch
ministers TO the iuxurics and not the necessities
oil the people would seem not only unob)ectton-
able. but expedent, and the suggestion mat IN
approprlating the tax 70 the care Of juvenile
criminals the theatrical business ls stlgmauzed,
is an uniounded inference OF tie learned coun-
sci for the panuiis, wholly iorelgn to
the benevolent purpose OF tue Legislature. lie
argued iurtner, That, Independently Of the taxing
power, the act IN question IS valid AZ ponce
regulation and that IN this point oi view the LegS-
lature may prohibit particular business within
the state, or IL may authorize 1t upon such terms
ana Dose az CO conaton the paymens OF money
TO any person or institution precisely as II may
impose any other condition deemed proper. IN
view OF the above cases he also insisted That the
proposition that the theatrical business ~ so en-
tirely disconnected from any question OF pubic
morals and public peace tnat, Win respect 70
IL, the Legislature has no power OF ponce regu-
lation is simply prep sterous. II tne Leeisia@ture @
exercise of it, and the requirement. OF a
license fee is as valid condition as the other con-
late places Of d pnoiic amusement,n VIZ. that
liquor shall not be sold and female attendants
shall not 10 os employed on the premises ana s9e
immaterial. His hnal point was that in no aspect
OF the case was the plaintiff entitled TO On njunc-
tion.
Mr.. Hall, for the Associated theatrical Man.
asked and granted was legally ppropriate, and
the plaintiff Is emitted TO the rehef demanded by
aspect, the co-deendant, the private society,
could not prosecute the plaintln nor initiate any
statute, 81 @ because the other co-deiendants,
the Mayor, Aldermen ana Commonaty. are
the only party IN interest ee that could pro-
ton. He urged as his third point
that this law OF 1872 Is void and unconstitutional
because It authorizes substantial tax objects
and uses not within the scope OF the taxing
power; and takes the private property Of citizens
70 give 10 TO a private and local cltzen corpora
tioT, thereby taking the private property OF one
citizen and giving IL 10 another without any Com
ueneatton. which is a violation OF prohibitions In
both state and federal constitutions. he also ar
uued tbat there In presented the inquiry than
which no question concerning the properly rignts
~ oIft ia n moment
viz whether tps Legislature may thus compel or
coerce the 6itisen to aid In the estaDlishment OIL
purely private enterprises or Objects because these
will or mar inciden tally promote the ReneralRood