Frostburg mining journal., 1883-02-03
SKATING RINK DATA.--The end

y sKating'Tlnk. Inc authorities were
in doubt and apparently continued in
trance OF uncertainty aud suspense
until last Monday, when they awoke
to an infallibe certainty that it was
not only proper to issue license, but
emiueutly judicious to arrest, try and
fine the gentleman for going ahead
without license. The fun Of the
transaction appears in the decree OF
the court. The licenss would have
cost Mr.. Rogers, we understand, about
$50. The court imposed fine Of $l5
and costs, So 90 total 5000. This
leaves Mr.. Rogers about $50 in pock-
et--an advantage of $50 per cent, for
violating the Law.
With regard TO the construction Of
Ethe law under which this punishment
Was laid there ia wide variance Of
opinion. Section 3lst of the Act Of
Incorporation reads as follows:
That the Mayor and Councimen of the
town Of Frostburg shall have power to
require license from sll circnses, mena ger
les, theatrical and 0tt5r exhibitions for gain
er'ajang in said town, etc.
The question turns upon the con-
ntruction of the term, 'other exhibi-
tions,' and whether skating-rinks
come within the rather indefinite linn
its flus prescribed.
The facts appear to be that Mr.
Rogers rented q hall--a necessity OF
the case; that he provided, besides
the use of the floor thus gained, a
large number of skates, both OF
which ho disposed Of for short periods
al fixed rentals, and that with thes e
accessories he was enabled to qIUe M
structton in the exercise. That he
could do all this without gain
would be absurd. He enjoyed the
end dcrsement and patronage of physi-
clans on the ground that the exercise
was exhilarating and heaithful. 1t Is
held, therefore, that the law does not
include recyeations Of such character
as exhibitions"
On the other hand, the able and
honorable attorney for thu Corpora.
tionI it ia said, regards the rink as an
exhibition, and counseled the prase-
cation. In this view the juetice coin.
, cided.
Mr.. Rogers has meanwhile appeal.
ell to the Circuit Court, where he ex.
poets a vindication all round iuclud,
ing the indignity sustained by arrest
and fine without n warrant.
Should. he fail in this, it will be il
order for the people TO expect hereaf
ter yi&id application Of the law t.
everything where an admission fee il
directly CT implicitly required. Dane
ing-schoois, writing schools, lectures
church iairs-all must "come up tc
the captains Office and Sc! tle" Be
causs if the courts can make the Law
take in skating-rinks they can make
it include everything else.
Owlng to unavoidable circum
stances a rink was not opened al
Homecoming this week as had bear
contaminated. Mr.. Rogers expresses
a determination to crafty the younl
Teop!e down there in spite Of the
difficulties in the way.
IN tho whealbsrrow race Friday
evening Of last week Harry +. Sasiei
won the medal,
Saturday evening W liam Davis
won the skating rae medal.
The rink was opened agaia Tuesday
afternoon " til Mes4r3. Mat anG
Imley in charge. The attendance
soas has been fan. 1t vii continue
open durlag next week.
AT tho meeting Of the club Tues lay
evening a permanent organization
was effected al folowe:
President John j. Porter.
S,e,ytny-Goorgc NJ. Perdew
2reasaler-FIauk G. Beall.
All the comnitte reported pr og
Iea q, and several new ones were APP
pointed.
ONE morning this week the team
urven by Nj. James B. Thomag, Su
perntondent OF the Consolidation coa
company, started on runaway
Reaching gully washed by the re
cent thaw, the young Lorse Of the
team attempted to jump over. Il
preventing this the to1rn got "cross
ways" of the road, one Of tie sleigh
runners falling III the gully. Furths
efforts Of the team TO so forward over
tnr,c1 tha 81 sri, ,Lror,;n, NJ