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

This question, OF such grave Importance to the
atrical managers-the question OF the right Of the
Society for the Reformation OF Juvenile Delin-
euents to compel the payment to 1t OF theatrical
lcenses-is gradually reaching the final stages OF
legal procedure. Some time since Judge Dononue
gave u decision denying such right. holding tine
claim unconstitutional through taxing a citizen
1or private 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 an order made at Special Term on the Goth 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 oil New York known as "Wallacks
THEATRE any Of the proceedings authorized by
any the sections OF chapter $50 Of tne laws. The
which the orders granting and continuing The IN
juction were made, IS that the act ~ question Is
entitled IAN regulate places OF public amuse-
ment In the city OF New YORK" lt pro-
the public in any building, &C., within the city OF
New York, any dramatic performance, &C, untl
license Tor the place ol such eAn8tioa MP a ior sacn
The manifest object OF the present as well as OF
the previous acts was to provide oy taxatlon
Juvenile Dennquents. 1t was founded in purely
public penevolense, and administers purely
public function, having Tor its object the custody
and reformation OF juvenile criminals committed
10 It's charge by sentences OF the courts and
cretion as to whether it will or Will not
receive such persons as are oommlttea
whether the imposition OF q license fee
upon q particular kind OF business, and the ap-
corpora tion created and existing for no purpose
OF private gain or benent whatever, but solely to
Stats f0rf fhp ma a n
ton, is Inhibited 70 the Legislature by any pro-
vision OF the state or federal constitution. The
ties III TINS State and elsewhere. is clearly and
unquestionabl, public use and Is not liable to
objection, even under the decisions OF those states
winch are relied upon by the other slde as holding
that taxes or other than public uses are unconstl-
niIe criminals and the endeavor to educate and
reform them, aud convert them INTO fespectaDe,
law aplang a. pqpe Of 1rlary
branches OF business or industry IN winch 'tnere
is an absence oil all public interest" $50 GEAR
mind at the first biush, so as TO render 1t private
use within the authorities relied upon by the other
sideY LIZ not-but n, on the contrary, the use is
bearing OF private Rain-then, within those same
authorities, 1t IL entirely material, with respect
to the validity o the tax, that this public use Is
delegated to ana administered by private cor
poratiou, and that large and wise discretion Is
gwen TO such corporation in It's administration.
Tne imposition OF tax upon business wnch
ministers TO the iuxuries apc not the necessities
OF the people would seem not only unobjection
able but expedlent, and the suggestion that IN
appropriatng the tax 10 ,ne care 81 ayea,e
Is an uniounded inference OF tEe learned coun-
sci for the plaintlfis, wholly iorelgn 10
the benevolent purpose OF tue Legislature. he
argued iurther, That, Independently OF the taxing
power the act IN question Is valid az ponce
regulation, and that IN this point oil view the Legis
latrre may prohibit particular business within
the state, or 1t may authorize IL upon such terms
and conditions IL deems proper, and tnat IL
NAV impose as a condition the payment OF money
10 any person or institution precisely as IT may
IMPOSE any any navs Tnes cSses he also Insisted at the
proposition that the theatrical business ls so en-
tlrely disconnected from any question & Of pubic
IL, the Legislature has no power OF ponce regu-
larion, is simply prep sterous. II the Legislature
exercise y pp"n. Il 'u and the requirement Of
license fee valid condition as the other con-
late places Of pS puoc % anu amusement" VIZ. :-that
liquor shall not be sold and female attendanS
ultimate destination Of the license lee IS entirely
immateriaL His final point was that IN no aspect
OF the case was the plaintiff entitled to an injunc-
ton.
A oAKEr HALL IN REPLY.
Mr.. Hall, for the Associated Theatrical Man.
ayers, argued hrst that the provisional remedy
the pisintin Is enntled 70 the rehei demanded BY
his complaint. His second point was that, IN any
aspect, the code lendsnt, the private society,
could not prosecute the plaintin nor initiate any
statute. because the otner co-deiendants,
the Mayor, Aldermen ana Commonalty. are
csed to collect the license fee IN qaes-
ton. He urged as his third point
that this law OF 1872 is void and unconstitutional
because It authorizes q substantial tax Tor objects
and uses not within the scope OF the taxing
power; and takes the private property OF citizens
To give IL TO a private and local citizen corpora
tioT, thereby taking the private property OF one
citizen and giving 1t 10 another without any Com
peneetton, which Is a violation OF prohibitions In
both state and federal constitutions ne also ar
Gued that there Ia presented the inquiry than
which no question concerning the properly rights
of Z ha tranBcGnQlnR
viz, whether tps Legislature may thus compel or
coerce the Mtisen TO aid In the establishment OF
purely private enterprises objects because these
viii or mar inciden Tally promote the ReneralRood