The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1894-02-06
CONSTITUTING THE ACT
Attorney General Gives Opinion Upon The
Question Of Theatrical Licenses,
COUNTY TREASURER'S Duties
They Are to Issue Licenses Upon De-
mand ane Payment of the Fee, but
the Task of Prosecuting Those Who
Fail to Take Out Licence Does
Not DevolVe Upon Them-License
Good for a Year.

About two weeks ago County Treas
urer d. w. Powell addressed letter
to Auditor General D. Nc NJ Gregg,
asking for definite instruction, on the
question of theatrical licenses which
Is creating 80 much trouble throughout
tho state. In order to know whereof he
spoke. the auditor general decided to
submit the following questions to tho
attorney general before answering Mr.
Powell;
As to the duty OF the county treis-
urer In demanding and collecting the
license from any person or persons desir'
ing to show, hold or exhibit theatre cir
Gus or menagerie within the limits OF this
court.
. Should any person attempt to hold,
show or exhibit u theatre, circus or
menagerie without haYing paid the re-
qnired license, npOn whom would deVolve
the duty of having such defender indicted
for violation Of act of May Is, 1850
8. What character OF performances or
entertainments should bs classified AZ
theatres, circuses or menRgeriesy
The attorney generals answsr was
received by Mr.. Powell yesterday, He
says that it is the duty OF the county
treasurer of all counties, except ALE.
gheny and Philadelphia. to issue
theatrical license on payment OF fee
OF $50 which sum shall be paid to the
state for sinking fund purposes.
NOT A PROSECUTING ATTORNEY
"But no active duties in the way of
ferreting out attempted presumable or
actual violations of these laws are i'm.
posed on tho county treasurer con
tiuues the attorney general. "A fail
ure, neglect or refusal 10 obtain
license makes the person giving the
performance liable to indictment aud
upon conviction thereof to forfeiture,
fine and penalty. These fines are to
be paid into the treasury of the county.
A violation of the act is misde
msanor, which makes the offender
amenable TO a criminal prosecution.
'There the duty Of the district at
torney of the quarter sessions court
begins. Whether or not persons VINO
refuse or neglect to take out this IL
c9nse shall b3 prosecuted becomes
matter of concern TO the county com
missioners, tha county solicitor and
county treasurer. and they must be
gnided by their own judgment. {
LAS to the character of entertain.
ments to be considered theaters. cir.
cuses and msnageries within the mean.
Ing of the acts minstrel troupes should
be classified according to the character
of the exhibition which they give. If
it includes farce, burlesque or farce
comedy, it is n theatrical exhibition
within the meaning OF the act. A
strictly musical concert, without the
introduction Of the dramatic, operatic
or theatrical element is not, in my
opinion, theatrical exhibition.
WHAT A THEATRICAL IS
ANY story represented by action
performed in a thsater with stage,
proscenium boxes, orchestra, pit or
parqust and the galleries. or with
scenic representations and with stage
machinery and decorations, is theat
rical exhibition for the purposes of this
act.
"AS to the limitations of license
granted to a theatrical exhibition, cir.
Gus or msuagerie by county treasurer,
am of the opinion that such license
covers the theatrical exhibition or ex-
hibitions, circus performance or me
nageriss, for one year within the
| county"