The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-06-02
FINDS IND D|.E|..F| 1 |. IN
| NEW IN THEATRE LAW.
Umla Al + 4. Informed That 1t Might
Close Other Playhouses
ifsAdopted.
ANDERSON n i STUDIES PROBLEM i.
Chicago Stock Yards Case
Cited as Important
Precedent.
ANDERSON STUDIES PROBLEM

E ftl ~ :. Ai!SNN 0Niil. -lA5ets4yf
serious defects in the proposed or
oinance to prevent tho occupancy OF
the Lyric Theatre. at Eighth and
Grace Streets, have been pointed out
In letter from Assistant City Attor-
neS George Wayne Anderson to Chair
man jacob Umlauf, OF the Committee
on Ordinance. Charter and Reform.
i which has already recommended tho
adoption of the measure. When the
mattor was referred to the City At
torney's office. MIR. Pollard asked to
be excused from acting. as two OF his
sons are connected with the real estate
| agency which has had a part in the
sale and leasing OF the property ar
fected. In order to avoid all CRITICISM,
therefore. Mr. Pollard referred the
whole matter to his assistant Colonel
! Anderson. M
Cannot DISCRIMINATE.
IN his letter Colonel Anderson states
| that he has not had time to give the
question critical study. or to look into
| the authorities in a way which would
justify an authoritative legal opinion
| on the whole case, but that he had
given such examination as his en-
gaEcments allowed, and In general
! way is OF the opinion that under the
charter the city has tho power to leg
isiate as to tho location OF public
theatre. Some OF the objections raised
by Colonel Anderson have been met
In the substitute ordinance reported
by the committee, which eliminates
the clause allowing theatres to locate
with the consent of the churches in
the forbidden territory. which was
held to expose the ordinance to the
objection that II might permit one
citizen a privilege denied to his neigh
nf
ment OF equal protection and uni
formity OF the laws
Colonel Anderson says that he is
aware that cases have been upheld
where the sale of liquor has been pro-
hibited on certain named streets. un-
less with the consent of the neighbors.
but with such examination as he has
had the opportunity to give. he would
hesitate to pass favorably on that pro-
vision.
Serious Defect.
The most serious defect in the ordi-
nance as recommended is the clause
designed to protect the Academy OF
Music and the Colonial Theatre. both
of which are within $50 feet OF
churches. and the Theato. at Fifth and
Broad Streets. which Is nearly oppo-
site st. James Episcopal Church. The
clause reads: provided however. TINT
this ordinance shall not apply to any
such theatre which was located and
licensed as such mt the time of the
passage OF this ordinance" The desire
TO prohibit only the Lyric Theatre by
the congregations OF st. Paul'eand St
Peters may have the erect. either OF
closing the Academy and the Colonial.
or of having the whole ordinance
thrown out in the courts. Colonel An
derson calls attention TO the famous
stock yards case In Chicago, where Il
was held that the city could not refuse
permits 10 new yards and at the same
time allow those already In operation
20 continue In the same section OF the
city The case was that OF Tugman
against the city OF Chicago (7s Ill.
il5), where 1t was held that al ordi-
nance prohibiting a particular bust
ness In certain locality could not per-
init persons who were engaged In that
business in the district designated a
the time It was adopted to continue
their business while IT prohibited 9th
ers TO engage therein In tho same To-
cality. 80
Might Close Two Theatres.
This would seem to invalIdate the
provision referred to- says Colonel
Anderson. though without further in
Festigation he is unwilling to rule
whether 1t would only invalidate the
exemptions or affect the whole ord
nance. In one case existing theatres |
titi,iit NC. GioSeuY permanently, while In 1
the other tho whole ordinance would
be declared unconstitutional and void !
Colonel Anderson says that Il |
should be remembered. however. that |
ordinances which discriminate between
different streets or sections Of munI |
cipalitics have been upheld, and even |
II the proviso in the proposed ordi- |
nance were found to be unconstitu
tional, he inclines to the belief that
Its object might be attained by an or i
dinance prohibiting theatres on Grace |
and certain other streets, but without |
making exceptions OF existing play
houses. IL any. Colonel Anderson |
writes that he regrets that he cannot
speak more positively on the ordi- ,
nance without an examination of au-
thorities which his gagements in |
the courts have SO far prevented.
phase OF the situation which |
leak cd out yesterday was that with |
one exception-that OF Mr.. Gunst-
every member of the Ordinance. Char |
ter and Reform Committee was pied ger, !
to the ordinance before the commit |
tee met, and the argument OF Attorney |
Gordon and other therefore fell upon .
deaf ears. Both factions are claim. |
Ing to have gained ground in the |
Council, though the advocates Of the |
ordinance assert that they have an |
absolute majority pledged in the lower |
branch. the vote to be taken as Il |
vas in the committee, regardless of |
argument IT will como up on Mon |
day night.