Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1896-11-26
new THEATRE ORDINANCE
1t Continues to Hang Fire in
City Council.
REASONS GIVEN FOR THE DELAY
Some Claim the Present Law Is
Sufficient.


10 WHICH WIS iblerren tDb prOpOSeu
ordinance for the suppression of inn
moral theatrical performances has
taken action upon the ordinance and
may present its report at u meeting Of
Council in the near future. Members
Of the COMMITTEES object to the imputa-
tion which has been made that they
have not done their duty.
The proposed ordinance was drawn by
City Solicitor Robert G. Hartman and
was introduced in City Council about
two months ago. 1t was duly read and
referred to the law committee for its
action. Different reasons are given for
the delay upon the part of the COM
mittee to report back to Council. A
member of the committee when asked
why the ordinance had not been re-
ported upon, stated to reporter Of
The Gazette that because of an article
which appeared in certain paper
few days ago, some members of the COM
mittee were indignant at the charge
that they were not doing their duty.
Had it not been for the article
mentioned the law committee might
have reported at the last meeting of
City Council. The previous delay took
place in the five or SIX weeks before
and after the election, when it was
almost impossible to get full meetings
of the committee, and it was not until
I within week that the full committee
has gotten together. Other important
business besides the ordinance was also
held up during that time.
Another reason for the delay may be
attributed to the raising Of the question
as TO whether the city already has or
has not an ordinance which covers the
actions and expressions intended to
be covered by the new ordinance. On
this point there is difference of
opinion, although the best opinion is
probably favorable to the new ordi-
nance. City Councilman do not desire
to pass laws if existing laws already
cover the points involved. The portion
Of the existing ordinance which is
looked upon by some as applicable to
such things as the proposed ordinance
ia designed to meet, ia as follows
Whoever shall, on any street'or other
public place in this city, he guilty of
any indecent or disorderly conduct or
make any offensive outcries or loud
noises, or utter or sing any lewd,
Hcurrilous, profane. obscene words or
songs, or shall write or make any in
decent or obscene words or figures unon
any fence, building or other public
place within the city 4 u shall
be deemed guilty of common nuis-
ance, and liable to fine of not less
than so cents and not exceeding $40. ~
The foregoing ia part of section 2 Of
San additional ordinance to define and
prohibit certain nuisances," and il
found on page ISL of "Charters, Laws
and Ordinances Of the City," The
proposed new ordinance il as follows
An ordinance to regulate theatrical ex
hibitions and public entertainments.
Be il ordained by the Council of Whining
ton.
Sec. 1. That any person who shall act an,
indecent or immoral part, and any person
who shall speak, sing or utter any indecent
immoral or blasphemous speech, song o.
utterance, IN any theatre or public place o
amusement, shall be deemed guilty of
nuisance, and upon conviction thereof
before the judge of the Municipal Court
shall pay fine Of not less than So nor NOR
than S25 for each and every offence.
Sec. 2 That the owner, manager. proprie
tor or lessee of any licensed theatre or plac
of amusement, who shall knowingly an,
wllfully permit any person to act a part o
speak, sing or utter speech, song or utter
ance as aforesaid, shall be deemed guilty o
nuisance. and upon conyiction thereof
before the judge of the Municipal Court
shall pay fine of not less than So nor NOR
than S25 for the first offence, and for tn
second and every subsequent offence, fin
of not exceeding 500.
Sec. 3. That the owner, manager, proprit
tor or lessee of licensed theatre or publ
place of amusement, shall have printed an
have hung UP in conspicuous place. /
that part of the theatre or place of anus
ment most frequented and used BY til
artists and performers, copy of section
of this ordinance, under penalty, upon col
i'm ixNVN1
before the Judge of the Municipal Court,
fine OF 50 for ncompliance herewith.
The question which rises is wheth,
''public places" in the first quotatic
refers to theatres; but one must pt
to enter theatre and it is probab
not "publie place" in the intent
the act. Should ''public place. how
ever, apply to amusement halls then
might DO held that the old ordinau
would apply to cases designed to
met by the new ordinance where playe
act improperly. But even if it shou
apply to actors it does not apply to Il
managers of the theatre or place
amusement, and it is on this point th
the proposed ordinance is strong.
not only appliUs to the players but
also il aimed at the owner, manage
proprietor or lessee who shall knowing
and wilfully permit any person to a
or sing or speak indecently, immoral
or blasphemously in the amuseme
place.
In view of the fact that City Solicit
Hartman and tho Police Commissi
agree that the existing ordinance dc
not cover all the points designed to
covered by the new one, it would SEE
as if the City Fathers would do t
appropriate thing by adopting the nj
ordinance without further delay.
Another objection which may be 81
to have less foundation than any 9th
is of the ''we don't want to builG
wall around the city" type. Two me-
hers of Council referred to this poi
in speaking of the proposed ordinan
Sunday.
One more point has been raised
connection with the new measure, a
that is that it makes the Judge OF {
municipal court the final Judge ae
whether person accused under t
ordinance is innocent or guilty. Th
it might come to question of opinit
the decision of which might not
generally satisfactory. An answer to u
objection has been that in many cal
the judge of the municipal court is I
one who finally decides Given Fl
and impartial judge there need be
fear that justice will not be done.
deed, the passage of the ordinance "
hardly be followed by the arrest
actors and managers in droves; but
tyistenca will il ia rIainre1 rIroyil,