The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-05-09
THEATRE AND OPERA LICENSES.

Combined Movement OF Theatrical and
Operate Managers TO Resist Their Pay
ment-PreliminaryI Injunction Granted
Restraining the Collection OF License
Fees.
The Legislature, Just before the close OF its ses-
sion two years ago, passed an act requiring the
payment OF licenses by the proprietors OF all
places OF amusement in the city. Such licenses
were to be paid to the House OF Refuge Under
the act the rates are, for theatre, $500 for any
period exceeding three months and not exceed
ing one year, and $3.50 for three months or less;
and for . circus concert room. $500 for any Pc
riod exceeding three months and not exceeding
one year, and $3.50 Tor three months or less.
Every performance exhibited without such license
subjected the managers to penalty Of 800 and
the place where such performance is gwen could
be closed without turther notice. violation of
the provisions OF the act Is also punishable as
misdemeanor by fine and Imprisonment. The
managers have combined to resist the payment of
these licenses and employed A. Oakley Hall to in
woke in their behalf the interposition OF the
Messrs. Wallack. Shook. DAILY. Kings land, Neuen-
dorm, Dun, Jarrett Il Palmer and others, managers
o. theatres and opera IN tins city applied yester-
Lawrence, for preliminary Injunction against the
House OF Refuge, the Corporation and the Mayor.
The application was granted and the following is
the Injunction
FORM OF THE INJUNCTION.
aa By the s ses
1 sy a or an o5aer Of
them their each OF their attorneys agents and
ape
asasss tss n n are pTu
.idsd a p ss
an Up e
p salc ny SUIT or and from applying
ductng carrying the business and place OF amuse
81 ns to s oasr yo
wi be liable to The punishment prescribed therefor by
do hereby require the defendants, and each Of
Court at SPECIAL Term thereof to 5e held At the
n the s
twelve o'clock noon or as soon thereafter
force during the pendency q ts acton .vrrScr
NEW YORK, May 8. 1874
GROUNDS FOR THE APPLICATION.
The order was granted upon the following allie
The plaintiff above named complaining against the
aeiendants above named. and each Of them alleges
Fka-That the plaintiffs citizen of the state and
s Ss Of Of and is in s bust
public amusement in said city. known as
sss Y ssa place there q n HI pusIs
and Arranged at the private Of the plsn and
Are managed and eenduced q private business oT
conducting plaintiff claims and exercises the right
Sc
Thiyd.That under and BY color Of the provisions Of
1872 which provisions are IS piannd i informed and
nae the sss S o1 na the s
Delnauents pre,ends and claims that plaintiff before
private Aforesaid: and after the IS!
e q. ann M he q s e os2 e
ftndans the Mayor, Aldermen and commonalty Of the
license reisrrsd 70 in SAID Sc the Laws Of
for e
and tor its sole the sum OF $500 as fee for SAID license
ss.a saS ss q y sad
recover 500 for each PERFORMANCE in DianiaTs said
g PIE Ct % a. e and ss, the SAID
fnrea,ens the Legal proceedings against plaintiff men
ISL TO restrain and prevent The exercise Of plsinns
private business in ad place q aforesaid
ceedngs unless the license aforesaid applied Tor and
.s,aaed and the fee Aforesaid therefor be FIRST paid as
in a ase 81
and looks for due return OF interest thereupon the
N
rea and and sha % p
plaintiffs place Of amusement Aforesaid for one or sew
@ n sSsGs ana DTss S ,s aa
fgh"Thss pIainaa advised and believes th.. his
amena6le police ssgalation Of license BY the com
a ia, nSa
n 20 nay be g sd
the treasurer OF the Society for the Reformation OF
Juvenile Delinqnents in the city OF New York, and for
the private of said society.
WHAT THE MANAGERS CLAIM
The managers contend that to tax them for the
support OF private corporation is intrinsicaly
unjust and intrnsicay unfair and insulting to al
leRe that their business tends to produce criml-
mails; that this License law is OF an old
Blue law that their business is private one and
ought not to be taxed that IT is unconstitutional
TO tax even business which IS carried on for pub
lie benefit and unless 1t directly tends 70 pro.
mote disorder las in liquor shops, peril las In
gunpow der sbopsj or immortality and vice las ia
gambling and policy shops. 1t is their intention,
II such be necessary, TO carry the argument 10 the
United States Supreme Court.