The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1905-06-30
FREE THEATERS
NEED LICENSES
ORDINANCE CANNOT EvADED BY
ANY DODGE.
Supreme Court Construes City Charter
to Require License Of All Places of
Amusement, Whether Admission Is
Charged or Not-State Fair Cannot
Be Sued Other Decisions

apos are subject ii Is license ~ the ely
council, whether they charge an ad-
mission or not. The supreme court so
held today in the case Of the State vs..
Emil Schaffer, who was arrested for
running the Palm Garden theater
on lower Nicollet without license.
Schaffer had applied for a license
but was refused on the ground
of disorderly character. He then
no admission, and claimed that he was
within the ordinance, as che charter Of
the city only requires licenses for
Hplaces Of amusement and museums
for which money is charged for en-
trance into the same. -
The supreme court does not agree
with. Schaffer's Interpretation of the
.".Iplaces Of amusement: stand alone
and unqualified, and that the require
ment as. to admission charges applies
only to museums. This is the first time
that portion Of the charter has been
construed, and the point determined is
considered of greatest Importance in
the regulation Of so-called theaters and
places Of amusement. The decision up
holds the municipal court, and Schaffer
will, Will have to pay fine and desist from
in the future. The syllabus of the
court decision is as follows: sx. 4.
: 1. Statutes are. to be construed in the first
instance in accordance with the ordinary rules
of grammar, but the grammatical sense must
in all cases yield to the clearly disclosed legis-
lative intent. ''E"7'2.' go ~. ..a' - 2
2. The charter of the city of Minneapolis
authorizes the city council to license and regu-
late 'shows Of all kinds, circuses,
concerts places Of amusement and
into ha Is snarfaa for
Gay that the clause, ''for which money is
charged for entrance into the same" refers to
museums only, Gnd does not quality any
other preceding word or subject and (b) that
in nates . spi Mo
is subject to the regulation and control of the
municipal authorities tho no admission fee is
charged for entrance therein. -.
Judgment affirmed. Brown, J. ...r
Can't Sue Fair Officials.
the state fair police in 1903, and at.
tempted to recover damages for false
arrest, loses a second time {, the court
holding that the agricultural society is
department. Of the state government,
and not liza bic to be sued, also that the
law Of 1903 creating the society as a
Dranch or the state government Is I'M
constitutional. In any event, the con
stitutionality Of the law could not be
raised in a private action for damages,
which .Berman brought against the Off
GERS OF the. society. Theasyllabus Of the
case is a sfollows: ,.,}..z.- .@ E:
The State Agricultural society, as depart
rncnt of the state government, and it's Officers
and board of managers as public officials, are
exempt from liability for suits for false I'm
prisonmenti Following Berman VS.. State Agri-
cultural society, 100 n. W. 1872. - -, =
The title to chaptera126, laws of 1908, suf-
fciently sets forth the subject matter Of the
subsequent provisions thereof and does not per-
tain to more 3thurf oas7 s1Ibiecsi tag12& LII Il
The constitutionalty Of the law organizing the
i'll private ,action for, damages, ~ ,.--+ ,=.ff.
Plaintiff, |ha wing c6isented to submit certain
matters on affidavits that should properly have
been raised by answers will be deemed to have
waived. the method of procedure. ~ -
Order affirmed. Jaggard, j.. q