The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1894-01-22
HARDLINES ACTORS
Enforcement Of the State License Law Will
Close Many Theaters,
TREASURER POWELL'S OPINION


ing to Collect the License Fee-At-
torney General Hensel Says the Ii
cense Fee Must Be Collected-The
Only Remedy Is to Repeal.
During the past few wesGS the
managers of travelling theatrical COM
panies have had unpleasant expert
ences in several Of the counties Of this
state through the efforts of county
treasurers to collect q license fee of $50
under the provisions of the act of 1S45
and the subsequent amendment of 1851
This law has during the greater part
of the time that it has besn in exist.
ence, remained a dead letter on the
statute books of the state. In the book
of instructions issued by the auditor
generals department for the year 1894.
the matter has been brought to the at
tsntion of the county treasurers Of the
state reminding them that it is their
duty to collect this theatrical license
from every travelling theatrical com.
pany. The law says that license may
be issued by any county treasurer, good
in any part of the etate for year. for
81, 600. A county license in Phildel-
phia costs $780, Allegheny $500, and
the other counties of the state $50. But
here the language OF the act is some.
what hazy, as it doss not clearly state
whether the $50 shall be taxed for each
performances or for a county license
good for one year.
JUDGE DoTYS DECISION.
This law was brought to the atten-
tion Of Judge Doty. Of Westmoreland
county, by test case heard during the
August term Of last year. That learned
judge in his opinion declared ''that in
any county of the commonwealth
outside Of Philadelphia and Allegheny,
the theatrical license is to bs paid by
the troupe giving the exhibition and
cannot be assessed against the building
IN which the exhibition is given" That
settled the disputed point as to whether
the license should be paid by the com.
pany or the house, which was the issue
raised in the case.
IN 1890 County Treasurer Campbell
! COllCCItu "a llIOuoO LtC VI NJJ lIOul ll0
Academy OF Music in this city, the
Academy of Music and the Opara
house in Carbondale, but in April of
1891. by directions of the state traas.
urer, he refunded the money, it having
been decided that the housa should not
paw the license.
The haze that envelopes the language
of the act when it speaks about a tax
of $50 being levied iu the counties out.
side of Philadelphia and Allegheny,
has been somewhat dispslled by the
Supreme court, which has declared
that when theatrical company pays a
license fee of $50, it is allowed to give
performance in any portion of the
county where the license is obtained
for one year.
| COUNTY TREASURER WILL ACT.
County Treasurer Powell was seen
by TRIBUNE reporter yesterday and
said that he had been considering the
license matter, but before he would
make an effort to collect the fee he
would ask the attorney general of the
state to give him explicit directions as
to what is the proper Interpretation to
give the law and how far he will be
justified in going in order to collect the
$50 After receiving these instructions
he will act in accordance with them.
W. s. Cleveland, the manager of
Cleveland'S minstrels. which gave
performance at the Academy of Music
Saturday night was requested to pay
the license when his company exhib-
tied at Elston, but he positively re-
fused to pay 500 or any portion of it.
He said to TRIBUNE reporter Saturday
night that rather than pay the license
he would move his company out Of the
managers now refuse to make contracts
for performances in Pennsylvania
theatsrs until such time as the matt err
Of license is definitely settled. The on =
forcing of the law will practically close
nearly every show house outside Of
Philadelphia and Allegheny or compel
the local managers to form and main
tain stock companies.
ATTORNEY GENERALS VIEWS.
Attorney General Henssl has &C
cepted the decision of Judge Doty as
the direct rule he must follow. Against
this course Of action no end of protests
have arisen. as the state license fea-
ture. if carried out, will work q revo-
luton in present methods.
Attorney General Hsnsel in an inter-
view said: Judge Doty holds that
the act OF 1916 requires license to be
paid for each theatrical exhibition, and
this is his decision in the Keeler-C Currar
case, brought before the Wsstmoreland
county court last April as test case.
"And you propose to follow out the
letter Of the decisions" was asked oi
Mr. Hensel
ii have no other course to pursue,
was the attorney generals reply. The
Doty decision rules all violations as
criminal by intent and character, anC
the law is there for enforcement II
was passed at a time when the state
was in great need of money and wher
there was much feeling against the
theater and kindred exhibitions. II
was doubtless also intended to be pro
hibitory on theatrical exhibitions, cir e
Gus performances and menageries
which it specifies.
REPEAL THE REMEDY.
About the obnoxious features O
the law, have nothing to say, but tn,
remedy lies in legislative repeal an(
unquestlonably the repeal will not b(
long in coming. The auditor genera
| has been instructed to proceed on tn,
line of the decision and has sent ou
the usual notices since the first of tn
: year These are what we are hearing
from now"
Music Boxes Exclusively.
Best made. Play any desired number o
tunes Gautschi &Sons., manufacturers
1880 Chestnut street, Philadelphia. Won