The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-05-10
AN OLD LAW REVIVED
MARION COUNTY AGRICULTURAL So
CIETY AFTER MONEY.
An Effort to Make the Gentry show
Amenable to the Law-Gentry
Refuses to Pay.

An effort on the part of the Marion
County Agricultural Society to collect from
II. B. Gentry. the proprietor of the dog
and pony show, a license fee for each day
he gives a performance in this city, and
Mr.. Gentry's refusal to oblige the agent of
the agricultural society has caused the
city and county officials to put in large
portion of their time during the last few
days in hunting up the law bearing on the
subject.
1t seems that in 1852. contemporaneous
with the adoption of the new state Consti-
tuition, law was enacted requiring IL
cense of not less than s. nor more than
SO for each performance for any person
Ito exhibit for pay any caravan, circus,
rope or wire dancing, legerdemain. ven
triloquism, puppet show, concert, theatre
cal performance or any other exhibition of
whatever name or description"
The law further provides that the money
arising from the exhibitions mentioned
should be paid over by the county treas
urer to the agricultural society OF the
county where the money had been col
lected, and in the event that there was no
county agricultural society then the mon
ey was 10 be paid into the county treasury.
For some reason the law, as passed in
1852, was amended in lOSi and unfortunate
ly for the agricultural societies. the legis-
lators drafting the amendment forgot to
set out certain things in the title of the
new law which were contained in the body
of the act. III enumera ting the various ex-
hibitions which would be required to pay a
license the title of the act only set out
that caravan, circus. rope or wire dane
ing, legerdemain, ETC. were taxable
nothing being mentioned in the title about
"ventriloquism, puppet show, concert the
atrical performance, or any other exhibit
ton of whatever name or description"
Under the law of Indiana the title of the
act must specifically mention every thing
to be effected in the body of the act 9TH
erwise the law to that part contained in
the body of the act, which is not mentioned
in the title, is null and void.
AS MT Gentry could not be caught under
the phrase, or any other exhibition of
Whatever name or description" the only
question for the officials to solve was
whether he would be subject to a license
as the owner of a circus. Webster'S def
milton of a circus is "a circular Enclosure
for the exhibition of feats of horseman-
ship. As Mr.. Gentry does not give any
exhibition of horsemanship the officials
are of the unanimous opinion that he can
not be compelled TO pay the county Ii
cense. 1t is said that the agricultural So
ciety, realizing the defect in the law has
been trying for years to have it amended
but the theaters have always offered such
| spirited opposition 10 il that, I'D TO the
present time. the efforts of the agricultur-
| lists have always met with defeat
The question has frequently arisen as to
| what becomes of the money after ii has
| been paid to the agricultural societies, and
| about the only solution of the mystery that
| has been offered IS that ii is distributed
among the various members of the society
| as premiums for the various agricultural
| products which are annually exhibited i'm
the case of the Marion County Agricultural
| Society," at the Statehouse. 1t has been sug-
gested that the agricultural societies are
! not TO be blamed for trying to get ali they
! can from the travelling exhibitions, for il is
| just like getting money from home"
Mr.. Gentry yesterday offered the society
| So largely as gift, but refused abso-
| lutely the demand made for $50.