I1
H 12 GOODWIN'S NAEEIKL.Y
I POPULAR TALKS ON LAW
H WHEN YOU BUY A TICKET TO THE THEATER.
H. By Wnltor K. Towore, A. B.,J. D., of tho Michigan Bar.
H IT you doslro to rldo to tlio noxt town
H and possess the -wherewithal to purchase
H' a ticket, tho rnllroad company Is bound
H, to -soli you tho tlckot, nnd having sold
H tho tlckot must allow you to ontor Its
H trains and rldo to your destination, unless
H y6u chanco to ho In such a condition that
H It is not proper that you should rldo with
H othor passongcrs. IT you wish to send n
H tomogram tho tolograph company has no
H option but to send It If you aro ahlo to
Hr pay and It Is iu. proper message. This
H Is hocauso those enterprlsos aro public In
B their naturo and all or the public must
H ho served without discrimination. But
B tho owner or a place or amusement Is In
H a dllToront position. One might readily
H supposo that tho thoater is public in its
H sorvlce, as Is tho railroad or telograph,
H but before tho law It stands In a dllToront
H position. Tho rights or tho theater owner
H . In doalltfg with tlioso who como to his
H placo or amusement aro rathor ravorablc.
H He stands moro upon tho piano or tho
H ' morchant opgagod in a private ontorprlso,
K who may soil or roruso to soli to whom
g2 ho will.
HB "Tlio managor or proprietor or a the-
HL ator," said a New York Judge, "has the
H right to say who shall enter his placo or
H entortalnmcnt and who shall not, or what
H class of pooplc shall bo ontltlcd to do so,
H and what class shall not. This noccssa-
H rlly rollows rrom tho fact that his ontor-
H prise Is a private ono, and not public and
H because, whllo ha may entertain tho public
H r nt largo. If ho sees lit, ho Is under no
4 obligation to do so."
Hl In tho caso from which tho foregoing
Hr opinion was quoted a loading dramatic
H critic in Now York city had boon excluded
Bl" from, cor thin thoaters by tho managomonis,
HI nnd tho court sustained tho rights or tho
H managors to refuse admission to whom-
H soovor thoy clioso for whntovor reasons.
H Thus, In goneral, a theater proprietor, bo-
H foro tho law, is held to be engaged in
H puroly prlvato enterprise which ho may
H . conduct as ho soos lit. He may cancel
H performances at his pleasure.
fl Tho vlow or tho law is that the sale of
g i n thoater ticket by a theater Is tho lssu-
inco or a moro llccnso to attend a por
rormanco, and this llccnso may bo rovokocj
py tho management. Even ortcr tho holder
or a tlckot has been admitted to tho
tlioator, but bororo ho has taken his seat,
H tho managomont may rovoko tho liconso
H and rquiro that .tho holder or tho tlckot
H Joavo tho thoater. ir he roruecs ho may
H bo lawfully ojoctod, provided no moro
m ' than notessary force bo used. Tho holder
B "' of tho tlckot who is rorusod admission
H -. may only rocover tho cost or his ticket nnd
such oxponscs as ho was put to In rench-
Hh Ing tho theater in other words, his diroct
H financial loss. In n Tew cases, where a
H patron was ejected without adequate rca-
H , son, damages wcro allowed ror the insult
iolforod, but this is not genornlly done,
ospoclally wlioro tho management had any
ronton ror revoking the right to ottond
tho porrormanco which tho ticket holder
has purchased,
ir, through a mistake, a patron Is given
a tlckot calling for the wrong sent or
gots onto tho wrong seat, ho may bo re
quired to cliango to another seat, and ir
ho roslsts and causes a disturbance he
may bo forcibly removed. Unless ho bo
H ' comes disorderly, however, he may not bo
H ojoctod from the Uipatcr.
H ) Whllo a theater Is a private enterprise
B $ tho state may, nevertheless, exerclso n
H'fj wide degree or control, it may censor
H -: the entertainment offered through proper
H: iJ oinclals. Thus a moving picture house
H t may bo required to show Its films before
H $ an omclal censor and secure his approval
B I bororo displaying them to the public.
B 1 Sunday performances may be prohibited,
I
B
saroly and sanitation Insisted upon, etc.,
etc.
In somo states tho legislatures havo
regulated tho right or a theater to roruso
to sell tlckots to whom it will, in such
statos tho rights or tho theater goers aro
Increased by tho privileges and rights
grantod by spoclal law. Tn not a row
states this legislation has been aimod to
provont any discrimination against negroes,
and whero stoto legislatures havo so acted
tho courts havo onTorccd thoso lows.
Illinois, ror instance has spccincally en
actod that no thoater may deny admission
to anyono because or raco or color, or
bar thorn from any class or scats. Wlioro
such a statute oxlsts, tho theater man
agomont no longer has tho broad right or
rorusing admission to whom It will, which
was spoken or above.
Tho activity or tho tlckot speculators
is n phase or this question that is or no
Httlo importance to the tnoator-golng pub
lic. Law makers and thcator managers
havo Joined in olTorls to stamp out this
evil, yot not with complete success. That
tho Judges havo not all looked upon ticket
speculation as an evil is shown by the
rollowlng quotation rrom a Judicial opin
ion: "The salo or n theater tlckot at an ad
vance upon tho original purchaso prlco, or
tho business or reselling such tlckots at a
profit, Is no moro Immoral or Injurious to
public weiraro or convenience, than Is tho
salo or an ordinary article or morchandlso
at a profit. It does not Injure tho pro
prietor or tho theater; he must necessarily
havo parted with tho tlckot at his own
prlco and upon his own terms bororo such
rosalo can bo made. It doos not Injuro
tho socond buyor; ho must havo had tho
samo opportunity as tho first buyer to pur
chaso a similar tlckot, and no greater right
therotoj and having neglectod that oppor
tunity, or bolng unwilling to undergo the
necessary inconvenience, and willing to
pay a higher prlco rathor than rorcgo the
privilege which tho other by his greater
dlllgonco and ofTort has obtained, tho tran
saction Is Just so far as ho Is concerned.
Tho Tact that such tlckots aro obtained
and rosold at an advanco does not compel
tho managor or tho theater to put tho
tlckots upon tho samo piano as ordinary
articles or merchandise. Ho can mako
thorn non-trnnsfornblo, and placo In tho
contract or salo any conditions necessary
for tho protection or hlmsoir or nis pat
rons, and by printing such conditions on
tho tickots, ho can provont tholr resalo to
Innocont buyers."
As tho Judge points out, tho tlioator
managomont may mako tholr tlckots non
transrorablo, and by rorusing ulmlsslon
to n socond purchaser provont any ro
salo or tho tlckots. ir the nttontlon or
tho purchaser Is drawn to such conditions,
by signs In tho thontor lobby and a notlco
printed on tho tlckots, such conditions
may bo enrorced against him.
Tho tlioator manngomont owes to its
patrons tho duty or soolng that tho prom
isos aro in n reasonably snro condition. It
is bound to seo to it that tho building
and all tho fittings and appliance ore In
propor condition ror public uso. ir any
Injury occurs to a patron which was duo
to a rnllui a on tho part or tho manage
ment to keep tho theater in propor con
dition, tho porson injured may rocover in
clnmagos.
Whllo thoaters have been hero generally
ererrod to, It is to be noted that all places
or public amusement rail within tho samo
rules or law. Tho circus, tho museum,
tho picture show are all in the same class
with thoaters, in viewpoint or tho low ror
all ordinary purposes.
(Copyright, 1013, by Walter K. Towers.)
MADE NO DIFFERENCE.
Two women, mutually confiding tholr
grouchos. Ono woman, a swoot llttlo soul,
tho other, a seir-asertlvo body.
"You can't think how this high cost or
living afrocls us," conressod tho ono.
"Why my bills Tor clothes alono oro more
than twlco as largo this yonr as they were
last year."
"Morcy!" gasped tho other. "I don't
seo how your husband can afford It!"
"That's tho answor ho can't," rebutted
tho first. "Hut ho couldn't afford It last
year. So whnt's tlio difference?" Pitts
burgh chronicle Telegraph.
. CLEARING HIMSELF.
Judgo: Sambo, you aro charged with
bolng a vagrant; that is, with having no
vlslblo means or support.
Sambo: No vls'blo means or suppoht,
Yo Honah? What yo' moan by vis'blo
moans or suppoht?
Judgo: Vlslblo moans somothlng that
can bo scon.
Sambo: Dat so? Why, lawdy, judgo 1
Yo Jest sond Tor mah wire, an' mako her
lonvo do washin' and como hyah. Vls'blo?
Huh! Sho weighs 000 pounds. I guess
she's vls'blo, all right. Sprlngllold Union.
PRAISEWORTHY ACTIONS.
Hrldgct Kolly (coyly:) So ylz wint t
cotillsslnn ylsterdy, did yez? An yez con
flssod all tli' kisses yc'vo shtolo rrom mo
th month thot's Jlst gone, I hope?
onicor Koegan 01 did. An' I'athor 'ftia
lono sld ho didn't rnyly blamo mo.
nrldget Kolly: Ho sld ho didn't blamo
yez ?
Olflcor Koogan: Ho sld thot wuzn't a
sfn ut all, ut all thot wuz a charity.
ruck.
If you could road your own death
notice In next week's dally papers you
would look mo up this weak. DO IT
NOW.
ED. E. SHEPARD
is looking for you
Aro YOU. looking for HIM?
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i