EMORY UNIVERSITY
I
ATLANTA, GEORGIA
Xamar^choDl oflatoXibrarg
Jrresented by
Prof. Paul E. Bryaa
Leon A. Bereznlak
Author of "The Public Defender", "The Transient's
Rights", "Labor in Russia", "Among the Indians", Etc.
The Theatrical Counselor
BY
Leon A. Berezniak
Member of the Chicago Bar
Author of
"Tho 'Public Defender", "The Transient's Rights
"Labor in Russia". "Among the Indians
THE COOPER SYNDICATE
CHICAGO
COPYRIGHTED 1923
BY
LEON A. BEREZNIAK
CONTENTS
PART ONE-GENERAL
Foreword 5
Chapter Page
I.—Hotel 13
II.—Boarding House 35
III,—Theatre 37
IV.—Railroad 69
V.—Telegram 75
VI.—Automobile 83
VII.—Contract 87
VIII.—Minor 93
IX.—Promissory Note 95
X.—Partnership 97
XI.—Corporation 99
XII.—Injury 103
XIII.—Real Estate 107
VIV.—Defamation Ill
xv.—Photograph 113
XVI.—Copyright 115
XVII.—Holiday 119
XVIII.—Marriage 121
Chapter Page
XIX.—Divorce 125
XX.—Desertion and Non-Sup-
port 129
XXI.—Exemption 133
XXII.—Will 151
XXIII.—Health Regulations 153
XXIV.—Labor Union 155
XXV.—Crime 159
XXVI.—Arrest 161
XXVII.—Self-Defense 163
XXVIII.—Home 165
XXIX.—Civil Rights 167
PART TWO—FEDERAL TAX
XXX.—Federal Income Tax 169
XXXI.—Amusement Tax 205
PART THREE-LAW-
CONSTITUTION
XXXII.—Law 207
XXXIII.—Constitution 209
XXXIV.—Bill of Rights .231
FINIS
FOREWORD
Did you ever stop to think how
many times you have asked, or have
been asked:
"What is my legal right in this sit-
uation?
Men and women have been asking
that question ever since the establish-
ment of law, and since they have ac-
quired the habit their disposition to
ask that question has grown con-
stantly.
When people ask about their
rights and seek a reasonable reply, the
explanation is bound to be forthcom-
ing; and so, today, we have a vast com-
plexity of law governing every con-
ceivable phase of human right limiting
or modifying almost every possible
human act—even in cases where
nobody is directly affected but the per-
son acting. All business people are
subject to acts of congress and the leg-
6
THE THEATRICAL COUNSELOR
islatures of the several states and to
rights and limitations based upon
usage and custom. Certain lines of
business involving the rights and
duties of many people in a variety of
ways, are governed by common law
and statutory regulations and restric-
tions peculiar to themselves. Among
these might be mentioned the theatri-
cal profession and hotel keepers.
After years of experience in hand-
ling matters of law for members of the
theatrical profession, I have set forth
in an untechnical manner the answers
to some of the multitude of questions
that I have been called upon to con-
sider. The size of the book indicates
that I have not tried to say everything
that might be said. That would take
many books of this size. Instead I have
picked out those points that my exper-
ience has taught me were most likely to
arise in the work of the manager, the
actor and all others connected with the
stage, even the hotel keeper.
To these questions I have given
brief and lucid replies, citing the rules
that apply most nearly universally; so
FOREWORD
7
that the answers may be of value to
the questioners wherever they may be
on American soil. A good many of the
points explained may be commonplace
to you; but it is safe to assert that a
good many others will serve to enlight-
en you.
This little book is intended to an-
swer the legal problems ordinarily
met in everyday life. It tells you your
ordinary rights and limitations in
brief form with the necessary citations
from the law and the decisions. It isn't
intended to give you a course in law. I
never expected you even to want such
a course. It is simply intended to be a
handy little compendium of "the rules
of the game which you can carry
around with no great inconvenience
and use in case of emergency for ready
reference.
Besides the points dealing direct-
ly with the theatrical line, I have
included brief surveys of the law on
several other topics of general impor-
tance. In fact, any traveler would
find this book a useful addition to his
necessary impedimenta; for he is likely
8 THE THEATRICAL COUNSELOR
to run into situations where the book
would give him information worth
many dollars.
Let us pick out a few of the points
treated and see what bearing they
have on your every day life:
Is a theatre a public utility?
May a theatre manager exclude a
person arbitrarily?
Where a city has permitted the
erection of a motion picture house, may
it prevent its operation?
Is the owner of a theatre liable for
the loss of articles checked with
employees?
What authority has a manager to
eject a patron?
To what damage is he subjected in
refusing to honor a ticket?
What are the differences between
a hotel and a boarding house?
How far is a hotel proprietor
responsible for baggage?
May a hotel proprietor refuse
admission to any applicant?
What does a hotel lien cover?
Is a restaurant keeper responsible
FOREWORD
9
for a stolen overcoat which the owner
had hung on a peg without checking?
What is a contract?
Will the sickness of an artist dis-
charge a contract?
What is a tort?
What is the liability of a garage
owner?
What is the liability of a telegraph
or a telephone company?
You will find the answers to all of
these questions and a thousand and one
others in this book, and I leave it to you
to say whether or not they are practical
and of every day utility. The index
will show you where to look for the
answer you want in a general way; but
the entire subject matter is so useful
and worth while that you will do your-
self a good turn by reading the book
through from cover to cover at least
once. In that way you will find the
answers to many questions that can-
not be specifically indexed, and yet are
waiting to enlighten you upon demand.
If you get married, wouldn't it be
worth your while to find out—at least
10 THE THEATRICAL COUNSELOR
afterward—how marriage affects your
property and what you might expect
upon the decease of your partner?
If you write plays or scenarios, it is
just as well to have an inkling of the
copyright laws. There is an interest-
ing section devoted to that.
As a rule, theatrical people are not
especially opposed to the publication
of their photographs, but there are
times when the privilege of publishing
one's photograph is valuable. Per-
haps you may get involved without
your consent in an advertising scheme.
You certainly will want to know your
rights. The answer is in the book.
Perhaps you would like to under-
stand about the right to unionize,
about strikes and boycotts, about open
and closed shops, about fraud and
intimidation. It is all in the book.
Then there are health regulations.
Perhaps you would like to know the
standing in law of medical doctors,
osteopaths, dieticians, Christian Sci-
ence practitioners. The medical doc-
tors, as you no doubt know, have not
been slow to assert their prerogative.
FOREWORD
11
Have they succeeded anywhere?
You'll find some interesting informa-
tion under this heading.
If you drive an automobile of
course you'd like to know something
about your rights and limitations and
your liability for collisions. It's in the
book.
Do you understand the Federal
Income Tax Law? It is highly complex
and very few are familiar with all its
provisions. However, a copy of the
latest form of the law is annexed so
that you can study it, if you wish.
This book is especially designed
for the use of theatrical people—
theatre owners, managers, artists, in
fact for the entire profession and all
who come into intimate contact with it.
It is offered in the hope that it will be of
real service for that purpose.
Chapter I
HOTEL
An inn, tavern or hotel is a house
of entertainment for travelers where
food and lodging are furnished, as a
regular matter of business, while on
their journey. A hotel is also defined
as a place held out to the general pub-
lie as receiving travelers in fit condi-
tion to be received for the purpose of
providing lodging, meals, refresh-
ments and entertainment for those
willing to pay an adequate price.
The proprietor of a boarding-
house, who is at liberty to choose his
guests and make special arrangements
with them, and who is not professing
to cater to the general traveling pub-
lie, is not held by law to the responsi-
bilities of an innkeeper. Likewise, a
hotel at a watering resort, where peo-
pie sojourn for health or pleasure, is
14 THE THEATRICAL COUNSELOR
not regarded in law as an inn. The
question, however, whether or not the
establishment is an inn is one of fact to
be determined in each particular case
by the jury under instructions of the
court as to the rules of law. A house
furnishing only lodging may still be
an inn.
The hotel or inn is obliged to re-
ceive all travelers properly applying
for admittance who are able and will-
ing to pay the reasonable charges, pro-
vided there be room left. If so requir-
ed, the guest must tender such price.
Where there is reasonable objection to
the applicant, he may be excluded.
Where he is admitted and later be-
comes obnoxious thru his own fault or
refuses to pay the reasonable charges,
he may be excluded. He may also be
ejected after he has ceased to be a trav-
eler and entitled to rights as such.
Prolonged illness may on occasion war-
rant termination of the relation of host
and guest. If accompanied by a prosti-
tute the guest may be ejected for vio-
lation of law, but after she has left, he
may still be a guest.
HOTEL
15
The law is that a hotel must re-
ceive all travelers who are ready and
willing to pay the fair charges. The
innkeeper professes to serve the pub-
lie, and where he refuses to receive a
guest or troupe without any reason-
able excuse, he may be sued for dam-
ages. Such suits will of course require
time and expenses, and the amount of
recovery depends largely upon the
view of the jury upon proof shown of
what damages may have been sus-
tained. The innkeeper may be in-
dieted for such refusal in some states,
as is the case in Pennsylvania and
Kentucky.
Where the applicant is objection-
able or obnoxious, or where there are
in fact no accommodations left, such
facts may be offered as excuses. So, a
man seeking to register together with
a prostitute has no protection in law.
The proprietor or operator of a
hotel, in the legal sense of an inn-
keeper, impliedly agrees to furnish
such accommodations to any one rea-
sonably entitled to be a guest as are
compatible with the standing of the
16 THE THEATRICAL COUNSELOR
hostelry and prices charged, and
wholesome and sanitary conditions.
Thus, where a dining room is in-
tested with flies, the guest is war-
ranted in leaving. (Williams v Swar;
110 Atl. Rep; 316.)
Food: Likewise, the law imposes
on the keeper of an inn, as well as that
of a restaurant, an implied warranty
that the food served is wholesome and
fit to be eaten, and he is liable if it be
otherwise, whether from his negli-
gence or not. (Greenwood v Thompson
Co.; 213 111. App. 371; 216 111. 497.)
The hotel may require an appli-
cant without baggage to establish his
identity, as a reasonable precaution.
The hotel may refuse permission
to a guest to post signs and advertise-
ments in lobby or windows.
The hotel may not require that the
sex of the applicant be shown on the
register, mere initials being sufficient.
(108 S. E. Rep. 309.)
Where one occupies a suite in an
apartment, which is designated as an
hotel on letterheads, but where tran-
HOTEL
17
sient guests are not ordinarily re-
ceived, he is not regarded in law as a
guest at an inn. (Roberts v. Care
Hotel Co.; 175 N. Y. S. 123.) Nor is a
lodging house subject to rules govern-
ing inns, even tho a register be kept,
under some rulings, while, in special
cases, it may be held to be an inn.
However, the fact that a party is
charged at a weekly rate does not pre
vent his still being a guest as at an inn
and entitled to rights as such. (Polk
Co. v Meinenbacker; 99 N. W. Rep.
867).
The relation of host and guest is
not necessarily terminated by the lat-
ter checking out and leaving, as the
law allows a reasonable time there-
after within which to have baggage re-
moved.
The relation of host and guest is
generally established by mere delivery
of baggage to a bell boy or porter.
Where the hotel agrees to forward
mail to a certain address which a guest
leaves, it is bound to do so. (Baehr v.
Downley, 103 Am. St. Rep. 1144).
18 THE THEATRICAL COHN1SELOR
It may be added that a hotel is not
liable for the loss of hat while attend-
ing a banquet there, unless it has been
properly checked or delivered to a
servant employed with authority to
accept it.
Privacy: A guest is entitled to pri-
vacy of the room to which he is as-
signed and to remain unmolested by
intrusion either of the manager or his
employees. Thus, where a watchman
entered the room of a guest by a pass-
key without the latter's permission,
there being no improper conditions
warranting such action, damages were
recoverable. (108 S. E. Rep. 309).
Where a servant of the hotel fore-
ed an entry into a room and insulted
and arrested the husband of the plaint-
iff without cause, the hotel proprietor
was held liable for malicious injury.
(168 N. Y. S. 191).
The management is in law bound
to protect guests from insult or assault
by servants, and this also applies
where the guest is in weakened condi-
tion from liquor sold in the house. (73
Pa. Super. Ct. 427).
HOTEL 19
Where a hotel employee entered
the room of a guest, and the proprietor
and a police officer subsequently ap-
peared, and ordered the guests to
leave, also slandering, assaulting and
imprisoning them, without sufficient
cause the question whether the.propri-
etor is liable for the acts of the officer
is for the jury. (131 N. E. Rep. 475).
Where the registry disclosed the
names of the guests, and the propri-
etor intruded into their room to ascer-
tain whether they had a right to be
there, frightening them and compell-
ing them to vacate without previous
notice, he was held liable in damages,
as the guest is entitled to immunity
from interference and rudeness as well
as to ordinary respect and decency.
(131 N.E. Rep. 475).
VISITOR: The guest may invite
another person to visit him for lawful
purpose at proper times, and such per-
son is entitled to reasonable care on the
part of the hotel for his safety. (201
Pac. Rep. 462).
SAFETY: The extraordinary re-
sponsibility of a keeper of a hotel at
20 THE THEATRICAL COUNSELOR
common law for the safety of his guest
and belongings includes protection
against unwarranted assaults upon the
guest by vicious servants or other per-
sons which the innkeeper could reason-
ably foresee and prevent. The inn-
keeper guarantees proper conduct and
consideration of servants and against
trespass by them. (Clancy v Barker;
98 N. Y. 440).
Unprovoked assaults by strangers
may also, under certain circumstances,
expose the hotel to liability. (Curran
v Olson; 92 N.Y. 1134).
Where, however, the hotel has ex-
ercised proper care in the selection
and employment of its servant staff,
there is some conflict as to whether the
hostelry is liable for willful mischief
or negligence on the part of servants,
if outside the scope of their employ-
ment.
Injury: The rule of the common
law as established for centuries in
England, is that the keeper of a tavern
must provide at his peril for the pro-
tection of his guest against the dan-
gers of the road. While the innkeeper
HOTEL
21
is not an insurer of the safety of his
guest, he is bound to exercise reason-
able care and diligence to provide for
the safety of his patrons; and liability
attaches for personal injuries sus-
tained thru a default in his legal duty,
unless the guest himself has been
guilty of contributory negligence.
The premises of a hotel must be
kept in a reasonably safe condition,
and where a guest is injured, the inn-
keeper is 'prima facie', or as a matter
of first conclusion, liable, unless he can
show that the accident was not the re-
suit of his own negligence, or that the
guest was guilty of contributory neg-
ligence.
The hotel must provide safe elec-
trie lighting appliances and is liable
for any damages resulting from de-
fault therein. (Reed v Ehr; 174 N. W.
Rep. 71).
Fire is not presumed to have re-
suited from negligence, and the latter
must be proved. Mere failure to put
notices of fire escapes has been held not
to have been the proximate cause of
injury in a case where the guest had re-
22 THE THEATRICAL COUNSELOR
sided in the hotel for several months.
Defective fire escapes are generally
violations of statute or ordinance,
whence liability arises itself.
Elevator: The proprietor of a
hotel is held to extraordinary dili-
gence in the operation of elevators, in-
eluding proper inspection and repair.
Where he is a mere lessee, the owner
of the building may also be responsible
where the jury finds that the latter has
failed to exercise proper care in their
installation and maintenance. (107 S.
E. Rep. 548). The rule is also stated
that the hotel must exercise reasonable
diligence in this respect.
Rug: Where a guest stumbled
over a wrinkled rug on a lobby floor,
and was injured, the question is for the
jury whether the hotel had been negli-
gent in permitting a worn rug, fre-
quently wrinkled, to remain. (Ill Atl.
Rep. 59).
Baggage: Delivery of luggage by
a guest to a hotel servant constitutes
what is known as a bailment, for
the hotel keeper is bound to exer-
cise ordinary and reasonable care
HOTEL
23
in relation to the subject matter,
and is liable for loss by reason of
negligence of the owner himself or
his employees, while acting within the
scope of their employment. The hotel
is not liable for loss or injury to bag-
gage where it has used ordinary care
and normal business judgment in the
selection of its employees in charge of
its baggage room and where ordinary
care has been exercised, as the custo-
dian.
The rule governing such liabil-
ity is stated by the Supreme Court of
Illinois as follows:
"Ordinary degree of care means
that degree of care, attention and ex-
ertion which, under the circumstances,
a man of ordinary prudence and dis-
cretion would exercise in reference to
the particular property, were it his
own property. The weight of modern
authority holds the rule to be that
where the bailor has shown the goods
were received in good condition by the
bailee and were not returned to the
bailor on demand, the bailor has made
out a case of "prima facie negligence
24 THE THEATRICAL COUNSELOR
against the bailee, and the bailee must
show the loss or damage was caused
without his fault. In this case, the
Kaiserhof Hotel shows that it em-
ployed competent and trustworthy
help to handle the baggage of its
guests and showed that it had a safe
place in which to keep baggage if it
were entrusted to its care. (Miles vs.
International Hotel Co.; 289 111. 320;
124 N .E. 599; 216 111. App. 518; 220 111.
App. 420; 18 A. L. R. 188).
Where a guest leaves money in a
reasonable amount with a clerk in
charge of the office of a hotel and the
latter absconds with the money, the
innkeeper is liable for the loss. (Palas
v Harvey Room Co.; 211 111. App. 580).
So where a guest left a diamond
stud in the custody of a hotel employee,
the plaintiff was held entitled to re-
cover on particular evidence in that
case, while ordinarily the master is li-
able for the negligence of his servant
only when the latter is acting within
the general scope of his employment.
(Lapin v. Hunt; 210 111. App. 328).
If the goods of the guest be with-
HOTEL 25
in the precincts of the hotel in any
proper part of the house, responsibility
ordinarily attaches. The relation is
established by mere delivery to the bell
boy at the door where the guest regis-
ters within a reasonable time there-
after.
In several states, there are also
statutes in force requiring guests to
demand checks for baggage delivered,
and limiting liability for loss, as, for
instance in Illinois, of trunks and con-
tents, to one hundred fifty dollars; va-
lises and contents, fifty dollars; boxes
and parcels ten dollars.
Liability is not limited to baggage
carried for the convenience of travel,
but includes other articles which may
reasonably be brought, such as theat-
rical costumes and wardrobes.
A hotel keeper receiving a check
from a guest to engage an expressman
for carrying the trunk from the depot
to the hotel is liable for its loss by the
expressman. (Williams v. Moore, 69
111. App. 618. 34 L. N. S. 2420 n.)
Where the practice is for a hotel
to convey passengers and baggage to
26 THE THEATRICAL COUNSELOR
and from the hotel, and a trunk is so
delivered, the question for the jury is
whether the hotel has exercised ordi-
nary care (274 Fed. Rep. 485).
Where a hotel porter solicits bag-
gage from prospective guests, and
such baggage is lost, the bailment may
be a mere gratuitous accommodation;
but if the owner registers within a
reasonable time thereafter, the hotel is
liable for failure to use reasonable
care. (86 So. Rep. 849).
Where a traveler set down his
grip near the bell boys' bench and left
it there several hours, while waiting
in another room till a room should be
vacated and he could register, the
hotel was held liable for its loss, altho
its attention had not been called there-
to. (224 S. W. Rep. 123). The general
rule is that the hotel is liable where
the guest has not himself been negli-
gent.
Where the hotel accepts a trunk
for storage for pay, and for hire under-
takes to transfer it to a station, and the
driver steals it, it is held liable for lack
of ordinary care. (277 Fed. Rep. 905).
HOTEL 27
Where a guest checked out each
week, returning at the end of each
week, and arranged to have his trunk
left in the store-room with an employe
having authority to accept it, and it
was lost, the hotel was held liable.
(134 N. E. Rep. 460).
An agreement having been made
by a guest to stop at a certain hotel,
when in the city, is sufficient consider-
ation to require the hotel to use proper
care for his articles during his absence.
A guest leaving a trunk, with the
intention of returning in a few days
who was assured that the trunk would
be taken care of, brought suit to recov-
er for the loss of a diamond pendant
worth over $1,000 contained therein
and had been found missing. No act-
ual notice had been given to the hotel
as to the pendant. The court held that,
while appropriate jewelry may be in-
eluded in baggage, such articles stored
in a trunk left for storage would not be
considered baggage, and no recovery
was had. (186 N. Y. S. 731).
Key: Where a guest made a de-
posit for a key and retained the key
28 THE THEATRICAL COUNSELOR
during' his temporary absence, this
did not relieve the hotel from liability
for theft of wearing apparel in his
room during such absence. (12 Ohio
App. 224).
Where baggage is left for the sole
benefit of a traveler, without any con-
sideration or benefit to the hotel, the
latter need use only slight care and is
liable only for gross negligence. On
the other hand, where an article is de-
livered to another person for the sole
benefit of the latter, such bailee is held
to exercise great care and extraordi-
nary diligence. To recover for the loss
of articles left for gratuitous storage,
gross lack of care must be shown. (4
Am. Law Rep. 1222). Where, however,
a hotel is sued for loss of baggage
while there was the relation of guest,
the hotel must explain the loss before
the plaintiff guest need prove lack of
care.
Valuables: By special statutes in
force in most states, a hotel is not liable
for loss of money, jewelry or other val-
uables belonging to the guest, unless
such loss be occasioned thru the negli-
HOTEL
29
gence of the hotel proprietor or his em-
ployees, provided a certain number of
notices to such effect have been prop-
erly posted in the hotel. Even where
valuables are delivered for safe-keep-
ing, the liability is limited to a certain
amount, that in Illinois being two hun-
dred fifty dollars, except where spec-
ial arrangements are made.
These laws differ in various states,
but they generally require that pub-
lie notices be posted in each room, stat-
ing the provisions, and the main terms
may thus readily be ascertained in any
particular state by careful reading
thereof.
Such valuables are required to be
left for safe-keeping in the special de-
pository provided therefor.
Articles for personal use, such as
gold watch and rings, of a reasonable
amount in value, may be worn by the
guest, instead of being surrendered to
the office, and recovery may be had for
their loss, when occasioned by the neg-
ligence of the hotel, without contribu-
tory negligence on the part of the
•30 THE THEATRICAL COUNSELOR
guest. (Noble v. Millikin; 74 N. E.
Rep. 225).
The innkeeper may not limit li-
ability by posting notice except as pro-
vided by the statute. Proof of actually
informing a guest of liability being
limited to a small amount is in such
case required. (Palas vs. Harvey Room
Co. 211 111. App. 580). Where valuables
are left with one apparently in charge
as clerk or cashier, the hotel is
estopped from showing that he had no
authority. (12 Oh. App. 210). Where
valuables are left in the room, and
there is proof that notice was posted on
that door, the hotel is released. (103
S. E. Rep. 800).
Lien: Both by common law and
statute, a hotel has a lien on all bag-
gage and effects of a guest brought by
him to the inn for all proper charges
due for accommodations furnished.
After a certain time, ordinarily sixty
days, such effects may be sold on
publication and mailing of notices,
whereupon any residue must be paid to
the guest or the county treasurer
HOTEL
31
where claim be not made in three
years.
As a general rule such lien attaches
to any luggage brought into the hos-
telry by the guest, even tho it be not
his own property, except where it
has been stolen, no title passing by
theft.
A distinction is to be noted in that
where baggage is retained by a hotel
under claim or lien, it is bound to use a
high degree of care, while if left there
by the guest to the hotel, as a pledge,
only ordinary care is requisite. (193
Pac. 549.)
The common law or statutory lien
does not attach to personal wearing ap-
parel in use.
Regulation: A hotel is affected by
a public interest and as such is subject
to reasonable regulations. (133 N. E.
Rep. 75).
Special legislation has been enact-
ed in most states relating to inns, ho-
tels and boarding houses. Such provis-
ions vary in different states and are
subject to change with every legisla-
tive session. It would, therefore be im-
32 THE THEATRICAL COUNSELOR
practicable, within the compass of this
volume, to undertake setting forth
their provisions in detail. They may
be consulted at any public library.
The operation of a hotel being a
concern of public health and morals,
the state may, in the exercise of its po-
lice powers, enact laws regulating the
same or delegate such power to cities
for enacting and enforcing ordinances.
Such statutes generally cover
three subjects, which have been consid-
ered: Responsibilities for loss of valu-
ables; lien on baggage and fraudulent
obtaining of accommodations.
Special statutes are also in force in
various states requiring sufficient sup-
ply of clean bedding and sheets of a
specified minimum size, as well as clean
towels. Notices of such laws are also
required to be likewise posted in con-
spicious places in the hostelry.
Fraud: It is generally made a mis-
demeanor by law to obtain food, lodg-
ing or other accommodation at any ho-
tel or inn with intent to defraud the
owner or keeper thereof, the penalty
ranging mostly up to a maximum fine
HOTEL
33
of a hundred dollars or a thirty day
jail sentence.
Such statutes are to be construed
strictly, and some evidence of fraudu-
lent intent must be shown, such as false
pretenses, or false or fictititious show
or pretense of baggage, or surrepti-
tious removal of baggage. The laws,
however, often provide that refusal to
pay the bill on demand, or absconding
without payment, shall be 'prima facie'
proof of fraudulent intent, whereby is
meant such proof shall be sufficient in
the first instance and must be over-
come. Boarding house guests are gen-
erally excepted from such penal stat-
utes, Any special agreement, also, for
delay in payment, takes the case out of
the statute, as there can be no impris-
onment for debt in the absence of
fraud.
In prosecutions for similar petty
offenses, jury trial may ordinarily be
had if not waived, and the question for
the jury to determine is then whether
or not the defendant was in fact, from
all circumstances in evidence, intend-
ing to deceive and defraud the propri-
34 THE THEATRICAL COUNSELOR
etor. Mere guesses and surmises will
not be sufficient, but some proof actu-
ally showing such fraudulent intent is
requisite.
In a prosecution for obtaining
accommodations at a hotel with intent
to defraud, the charge, including
fraudulent intent, as in all criminal
cases, must be proved beyond a reason-
able doubt. While refusal to pay is
'prima facie' evidence of such intent,
the jury is instructed that it must be-
lieve from all the evidence that the
defendant secured accommodations
with the intent and purpose to
defraud. (27 Pa. Super. Ct. 479).
In such prosecutions, as in most
petty offenses, the accused is generally
asked to sign a waiver of trial by jury.
He may refuse to do this and insist on
trial by jury.
Chapter II
BOARDING HOUSE
Boarding' House: Proprietors of
boarding houses are liable for injuries
or losses sustained by roomers when
occasioned by ordinary negligence on
the part of the proprietor, without con-
tributory negligence on the part of the
patron.
Restaurant: The same rule gov-
erns cafes and places where viands
and refreshments are served. The
owner of a restaurant is not liable for
the loss of an overcoat, which the guest
has himself hung on a hook, without
first checking it, where notices are
posted on the walls that no responsibil-
ity is incurred. (Wiley v. Childs Co.;
211 111. App. 496).
Food: Owners or operators of
hotels and restaurants under the law
impliedly warrant the food which they
36 THE THEATRICAL OOTJiNISELOR
serve to be fit for eating* and in case of
default they are liable for resulting
damages, whether they have been neg-
ligent or not. Thus it has been held
that serving frankfurters from air-
tight casings, causing illness, ren-
dered the owner liable for damages.
(Greenwood v. Thompson Co.; 213 111.
App. 371).
Chapter III
THEATRE
A theatre, in the primary legal
sense of the term, signifies a place to
which the public generally is invited
as spectators of a dramatic perform-
anee by actors portraying characters
in scenic representations, upon the sole
condition of the payment of a fixed
scale of charges.
A drama is defined in the Century
Dictionary: "A story put into action,
or a story of human life told by actual
representation of persons by persons,
with imitation of language, voice, ges-
ture, dress and accessories, or sur-
rounding conditions, the whole pro-
duced with reference to truth and
probability, and without the aid of
music, dancing, paintings and decora-
tions; a play.
The law governing the theatre
38 THE THEATRICAL COUNSELOR
also covers the vast field of the modern
public amusement world, including
buildings, premises and grounds used
for the exhibition of motion pictures,
photographic scenery and travelogues;
for operas, oratorios, concerts, dra-
matic and musical recitals; music halls,
cabarets, summer and roof gardens;
stage dancing; minstrelsy; perform-
ances by atheletes and acrobats; prize
fights; wrestling matches; legerde-
main and juggling; exhibitions of feats
of strength and skill; curiosities and
works of art; museums; art galleries;
circus and wild west shows; fairs; base-
ball and foot ball games; horse races;
public golf, tennis and polo matches;
merry-go-rounds; chutes, Ferris
wheels, etc.
The proprietor or operator of a
theatre or any such place of public
entertainment exercises absolute con-
trol over it as his private property, no
franchise from public authority being
required, and his business not being
affected with any public utility inter-
est. He has the right to govern it ac-
cording to his own rules, to open and
THEATRE
39
close when he pleases, and to admit or
exclude any person as he chooses,
except in so far as he may thereby vio-
late a contract in a ticket sold, or sub-
ject himself to some penalty under a
civil rights statute.
A theatrical manager occupies a
different position in law from the oper-
ators of railroads or other public util-
ities, inn-keepers and the like, in that
his enterprise is private and not a pub-
lie concern.
Police Power: The only limitation
which the government or local author-
ities can place upon his own absolute
control over the business is to such
extent as may be necessary to preserve
the safety and health of the commu-
nity or to prevent offenses and crimes.
This inherent power of the state is
termed its police power.
The legislature may thus, in the
exercise of its taxing and police pow-
ers, enact such measures as shall be
reasonable and necessary for the pur-
poses mentioned and require licenses.
It cannot, however, pass a law under
the guise of police power and the cloak
40 THE THEATRICAL COUNSELOR
of subserving specified objections,
which is in fact not reasonably neces-
sary as a valid exercise in good faith of
the police power, or which is arbitrary,
discriminating and subserving the
beliefs of a private group, or imposing
undue burdens and improper re-
straints. The constitution, which is
the supreme law of the land, will not
tolerate nor permit any vexatious or
unwarranted interference with the
rights of the individual, of private
property, or the freedom of thought
and contract. The genera] assembly
may prohibit show-places which are in
fact injurious to public health or en-
dangering the public safety. It may
prohibit performances by children
under a certain age or the admission of
children without adult escorts. It can-
not, however, arbitrarily prohibit an
act which is harmless and has no ten-
dency injuriously to affect the safety
and health of the community. It can
under no circumstances pass any law
in any way enforcing any creed in the
name of religion.
Likewise, a local law-making
THEATRE
4,
body, such as a city council, cannot
pass an ordinance which is contrary to
the spirit of constitutional guaranties
or inconsistent with the general laws
and policies of the state. Its authority
for regulating theatres and places of
public amusement, moreover, is lim-
ited by the grants in its charter, and
its ordinances must not be arbitrary,
discriminatory or prejudicial to any
particular class of citizen nor favor-
ing any other class.
The rules of law governing regu-
lation of theatres are declared by the
Supreme Court of Illinois as follows:
"In order to sustain legislative
interference with the business of the
citizen by virtue of the police power, it
is necessary that the act should have
some reasonable relation with the sub-
jects included in such power. If it is
claimed that the statute or ordinance
is referable to the police power, the
court must be able to see that it tends
in some degree toward the prevention
of offenses or the preservation of the
public health, morals, safety or wel-
fare. It must be apparent that there
42 THE THEATRICAL COUNSELOR
is some connection between the pro-
visions of the law and such purpose.
If it is manifest that the statute or
ordinance has no such object, but un-
der the guise of police regulation, is
an invasion of the property rights of
the individual, it is the duty of the
court to declare it void. (Nahser v.
City of Chicago; 271 111. 288.) in this
case, an ordinance of the city of Chica-
go, prohibiting moving picture the-
atres within two hundred feet from a
school, hospital or church, was held
valid.
The power to regulate does not in-
elude the power to suppress or prohib-
it. Where ten-pins were prohibited
within the fire limits or a hundred feet
from a business house or residence,
such ordinance was declared invalid.
(Ex Parte Patterson; Tex; 58 S. W. Rep.
1011).
Where a city has given permission
to build a moving picture theatre, it
can regulate, but not prohibit, its oper-
ation. (In re Walter; 146 N. Y. S. 519).
The Act of Congress, prohibiting
the importation of films showing
THEATRE
43
prize fights, has been upheld. (Calis-
thenic Exhibition Co. v. Emmons: 225
Fed. 902).
A statute was held void which
made it unlawful to sell reserved seats
at the time of opening for the perform-
ance at price higher than that ordi-
narily charged.
An ordinance of the City of
Indianapolis, requiring all theatre
entrances to be on a public street, not
on an alley, and to maintain an office
for the sale of all tickets, was held in-
valid.
A private dancing school is not in
law a place of public amusement, nor
subject to regulation as such.
LICENSE
The proprietor of a place of pub-
lie amusement may be required to pro-
cure a license, which is subject to revo-
cation in case of failure to observe re-
quirements of law.
A city, in imposing tax or license
fee is confined to its territorial limits.
The amount of the license must not be
excessive or manifestly unreasonable
44 THE THEATRICAL COUlNlSELOR
as a police regulation, and the taxing
power cannot be abused as a pretext
for infringing on constitutional rights.
Where a license is required for
operating a kinetoscope, it has been
held to include motion pictures.
On the other hand, an ordinance com-
pelling motion picture theatres to pro-
cure licenses has been held not invalid
as discriminating in not requiring
licenses for stereopticons or stationary
pictures. (Block v. Chicago; 239 111.
251).
Under a city charter, prohibiting
in any building, garden, grounds, con-
cert room or other place within the city
of New York, any interlude, tragedy,
comedy, opera, ballet, play, farce, min-
strelsy or any other entertainment of
the stage, or any equestrian circus or
dramatic performance of jugglers or
rope dancing or acrobats, until a
license is obtained, such license has
been held not to be required for a mov-
ing picture exhibition in an ice cream
saloon and candy store. (Weistblatt
v. Bingham; 100 N. Y. S. 545; see 109 N
Y. S. 545).
THEATER 45
A statute requiring operators of
moving picture machines to procure
licenses is valid. (Maryland v. Loden;
83 Atl. 564).
The law requiring proprietors of
places of public amusement in the city
of New York to procure licenses, the
fees to be paid over by the mayor for
reformation of juvenile delinquents,
was held invalid as to the latter pro-
vision.
The Supreme Court of Illinois lays
down the rule that a municipality, in
the exercise of police power for the
purpose of regulation, is limited in
authority to such charge for a license
as will bear some reasonable relation
to the additional burdens imposed and
the necessary expense involved in
police supervision. The license fee of
seven hundred fifty dollars for a golf
course was held excessive, the court
stating that the game of golf cannot
affect the public health.
In some States, exhibiting photo-
plays without license is an indictable
offense, as is the case in Philadelphia.
The Chicago ordinance requiring a
46 THE THEATRICAL COUNSELOR
permit from the chief of police before
exhibiting a moving picture has been
held invalid as discriminatory.
SAFETY OF PATRONS
The proprietor of a theatre or
other place of public entertainment
impliedly warrants the premises to be
reasonably safe for the purpose for
which they are used. He is charged by
law with the positive obligation to
know that the building is constructed
and maintained in a safe condition for
public use and to furnish adequate
appliances. Those accepting his invi-
tation to patronize his enterprise have
the right to assume that reasonable
precautions have been taken for their
safety. He is, however, not an insurer
of absolute safety.
Want of knowledge on his part of
dangerous conditions which might
have been discovered by the exercise of
reasonable care will not excuse his lia-
bility for damages, as it is his duty to
use care and diligence commensurate
with the situation to keep the prem-
THEATRE
47
ises safe. (Adams v. Schneider; 124 N.
E. 718).
There is in law an implied war-
ranty on his part that the place is safe,
except for unknown defects, not dis-
coverable by reasonable means. Thus,
where engineers had inspected and
pronounced safe a stand for spectators
on the athletic exhibition grounds of
the University of Michigan, recovery
for personal injuries sustained was
nevertheless upheld.
Where the covering of a mattress
at the bottom of a chute or "Whiz de-
vice was torn, and the plaintiff's foot
was caught therein, recovery was up-
held. (Weiffenbach v. White City Con-
struction Co.; 201 111. App. 521). So,
where a woman caught her foot in a
hole in an aisle carpet, where she had
not been warned.
Where a seat in a motion picture
theatre gave way, resulting in a mis-
carriage, the presumption of law is
that the owner has been guilty of negli-
gence. (Fox v. Brown Amusement Co.;
9 Ohio App. 426).
In the case of a scenic railway at
48 THE THMATRICAIL COUNSELOR
an amusement park, the same rule ap-
plies as to railroads in general, viz:
that the carrier is bound to exercise the
highest degree of care and vigilance
possible, consistent with the mode of
conveyance and its practical operation.
The proprietor of such an estab-
lishment, however, is not liable in dam-
ages where cigar ashes fell into the
eyes of a motor cycle driver in a motor-
dome pit, causing him to lose control
and to be precipitated over the guard
rail, whereby a spectator was killed,
there being no defect in construction,
maintenance or operation, nor incomp-
petency or negligence. (Herms v. Lee
County Fair Association; 209 111. App.
103).
Nor is there liability for injuries
when the danger is obvious, rendering
warning unnecessary, and where there
is no negligence other than in the pa-
tron exposing himself to danger.
(Sullivan v. Ridge way Construction
Co.; 127 N. E. 543).
The contributory negligence of
the plaintiff will defeat recovery by
him.
THEATRE
49
The question of negligence is gen-
erally one for the jury to determine in
each particular case under the instruc-
tions of the court as to the rules of law
applicable.
Where the owner of a building
leases it for a public exhibition he is
liable for injuries from defects then
known.
Loss of Property: The owner or
operator of a theatre is liable as bailee
to a patron for the loss of articles
checked with employees, when such
loss is the result of negligence or the
failure to exercise reasonable care.
(Burnstein v. Alcazar Amusement Co.;
199 111. App. 384). He is, however, not
an insurer of the property of his
patrons.
Tickets: A ticket constitutes a
contract of license, entitling the hold-
er to admission. The proprietor may
charge what he chooses for such admis-
sion, and he may regulate the terms of
admission in any reasonable manner,
except in so far as he is restricted by
civil rights acts in several states.
(People v. Newman; 180 N. Y. S. 849).
50 THE THEATRICAL COUNSELOR
Refusal to admit the holder of a
ticket is a violation of contract, the
remedy for which ordinarily is a civil
suit for the amount paid for the ticket,
together with incident expenses.
Where one holds a seat which has pre-
viously been sold to another, he may be
requested to occupy another seat
equally well located.
In a Newport case, where a naval
officer in uniform was excluded, the
theatre was held liable to actual pe-
cuniary loss, but not to damages for
humiliation.
The question whether a particular
portion of the house may be assigned
to the colored race depends upon the
provisions of any civil statute in the
particular state. Such an arrange-
ment would not of itself seem discrim-
inatory, prejudicial or unreasonable.
Ejectment: Where a patron vio-
lates reasonable rules or is guilty of
disturbance or disorder, not amount-
ing to a breach of the peace, he may
ordinarily be expelled with only such
force as may be necessary. If unneces-
THEATRE
51
sary violence is used, it may be assault,
or civil liability may be incurred.
Where a person has been improp-
erly ejected from a theatre, he may re-
cover damages for indignity and dis-
grace. In a Pennsylvania case, a
man was allowed damages for personal
injuries to himself as well as to his
wife, causing the loss of her assistance.
An officer employed to keep order
in a show house has no greater rights
than at any other place.
Where a person has been ejected,
the question of the propriety of such
act is to be determined by the jury on
all the facts and circumstances shown
in evidence, under the instructions of
the court as to the law applicable in
such cases. (Keply v. Park Circuit Co.;
200 S. W. 750).
A statute prohibiting the sale of
tickets at prices in excess of the office
rates was held invalid in Illinois. (In
re Powers Theatre; 231 111. 560. s83 N.
E. 240. 283 111. m)
The New York ordinance, requir-
ing ticket speculators to procure
licenses, was held unreasonable and
52 THE THEATRICAL COUNSELOR
excessive. (People v. Newman; 180 N.
Y. S. 89).
Censorship: As a result of the
great development of the motion pic-
ture business and its far-reaching in-
fluence on the individual as well as the
community, the importance of the
nature and character of its continuous
course of representations is readily
recognized, and the question as to the
manner and extent of governmental
regulation has already been fre-
quently raised throughout the United
States. On one side are to be consid-
ered the rights of private property, in-
volving an investment of over five bil-
lions of dollars, as well as the constitu-
tional guarantees of freedom of speech
and the inherent natural liberties of
the individual; and on the other, the
protection of society—especially the
young—by inculcating sound and logi-
cal principles of ethics, if only based
on the true self interest.
The general right of the states, or
its subsidiaries, such as incorporated
cities and villages, to supervise and
regulate screen productions to prevent
THEATRE 53
the flaunting of obscenity and crime is
well established. The numerous diffi-
culties encountered in the exercise of
this police power are attributable to
lack of proper judgment and compe-
tency on the part of both authors and
censors. In the final analysis, the true
test is the degree in which they have
developed the artistic sense and
learned to understand the character of
effects from plays in intellectual and
spiritual processes. The greatest
dramatist of all ages boldly pictured
in many of his plays crime, vice and
human foibles, yet Shakespeare has
never been charged with leading any
one into erroneous paths.
The fact that official censorship
has thus far been based chiefly on per-
sonal opinions and prejudices, rather
than impartial and capable judgment,
is shown by the fate of "The Birth of a
Nation", the exhibition of which was
prohibited in Boston, Minneapolis, St.
Paul, Denver and Ohio, while, on the
contrary, interference with its exhibi-
tion was enjoined by the courts of Chi-
cago, St. Louis and Pittsburgh. In
54 THE THEATRICAL COUNSELOR
the case of the Shubert Theatre of Min-
neapolis, the Supreme Court of Minne-
sota states:
"The power of a mayor to revoke a
license is not an absolute power to re-
voke. It cannot be used capriciously
or arbitrarily or oppressively, but only
in the exercise of an honest and rea-
sonable discretion. The court will in
such cases merely inquire whether a
fair legal discretion was exercised.
If the question be doubtful, and there
is room for honest difference of opin-
ion, and the determination of the ques-
tion requires judgment and discretion,
the action of the officers will be con-
elusive upon the courts". The play was
charged with being a humiliating car-
icature of the colored race, as canoniz-
ing the lawlessness of the Ku Klux
Klan and as tending to incite riots.
(Bainbridge v. City of Minneapolis;
154 N, W. 964).
Under the Chicago ordinance, pro-
viding that a permit should not be
issued for immoral or obscene plays, as
to the films known as "The James
Boys and "The Midnight Riders,
THEATRE
55
altho historically accurate, the action
of chief of police in refusing was up-
held. The mere portrayal of the ca-
reers of bandits, where the dominant
motive of moral equilibrium of a mas-
ter artist is lacking, is naturally de-
grading, especially in the case of dull-
witted boys. (Block v. City of Chi-
cago; 239 111. 251). The further point
was settled in this case, that the enact-
ment was not invalid as discriminatory
because not requiring similar permits
for the presentation of actual dra-
matic performances. The proceedings
in the Chicago court relative to the
performance of "Aphrodite at the
Auditorium involved considerable dis-
cussion, but the case did not reach the
higher courts.
Under the Greater New York
Charter, the commissioner of licenses
had not discretion to revoke a license
for the proposed production of "Birth
Control", and he was enjoined from
doing so. (Message Photo Play Co. v.
Bell; 166 N. Y. S. 192). In a Chicago
case on the same question, it was
decided that whether a film suggest-
56 THE THEATRICAL COUNSELOR
ing and encouraging the use of cer-
tain means to prevent conception is
unlawful is for the jury to determine.
(People v. Shuettler; 209 111. App. 588).
In this enlightened age, the bearing of
unwelcome and ill-born children into
the world by unwilling mothers can
hardly be said to be compulsory by law.
Where the commissioner's revoca-
tion is based on the opinion of a self-
constituted board of censors and a dep-
uty, that "The Ordeal might occasion
racial differences, and not on his own
judgment, such board not being recog-
nized by law, the revocation was
enjoined. In this play, a German offi-
cer was shown in a cruel and inhuman
light in the Franco-Prusssian War.
(Life Photo Film Corporation v. Bell;
154 N. Y. S. 763).
The commissioner of licenses of
New York City has the right to forbid,
under pain of revocation of license, a
motion picture production which
would reflect on a race or a religion and
might inflame part of the community to
disorder. (Message Photo Play Co. v.
Bell; 166 N. Y. S. 338).
THEATRE
57
^ Where the title of a photoplay,
which was in itself unobjectionable,
this alone was held not ground for
revocation; but since the producer was
asking relief in equity and did not
come "with clean hands", injunction
against the authorities was denied.
(Ivan Film Productions v. Bell; 167 N.
Y. S. 123).
The question whether a picture is
immoral is to be determined from the
play as a whole, rather than as to par-
ticular portions. The functions of the
censor are quasi-judicial, and his deci-
sion will not be set aside, unless found
arbitrary and capricious. (People v.
City of Chicago; 209 111. App. 582).
In Pennsylvania, on appeal from a
decision of the State Board, the only
question is whether it has acted in an
arbitrary or unreasonable manner or
abused its discretion; and the court
cannot allow the picture to be intro-
duced in evidence. (In re Goldwyn
Distributing Corporation; 108 Atl.
816).
The Kansas Board of Review has
full power of determination, and its
58 THE THEATRICAL COUNSELOR
decision is not open to review, unless
shown to be fraudulent or beyond its
jurisdiction. (Mid-West Photo-Play
Corporation v. Mills; lf>9 Pac. 1154).
The natural right to exhibit a film
for the good of society may be denied
where violative of law. (Fox Film Cor-
poration v. City of Chicago; 247; Fed.
231; aff. 251 Fed. 882).
In proceedings for "mandamus",
the jury must be able to say that there
has been abuse of discretion. (People
v. City of Chicago 209 111. App. 587).
The statutes of Ohio and Kansas,
providing for boards of censors, have
been held valid by the United States
Supreme court. (Mutual Film Corpor-
ation v. Industrial Commission; 230; U.
S.248).
The play, "Damaged Goods", while
inculcating a moral lesson, was held
not thereby necessarily fit for public
exhibition. (Recreation Co. v. Edger-
ton; 158 N. Y. S. 421).
Denial of permit for exhibiting
the noted Frank murder trial was up-
held. (Edelstein v. Bell; 155 N. Y. S.
590).
THEATRE
59
The power to revoke licenses must
be reasonably exercised, and although
many shows were vulgar, licentious
and lawless, this did not warrant a
general order revoking all licenses.
(William Fox Amusement Co. v. Mc-
Clellan; 114 N. Y. S. 594).
Approval by an advisory commit-
tee, appointed by a city, is no defense
in a prosecution for an exhibition made
in good faith. (City of Seattle v.
Smythe; 166 Pac. 1150).
Sunday Closing: In view of the
fundamental constitutional injunction
against any sort or degree of state
religion in the United States, there can
be no warrant for any legislation
enforcing the closing of any business
on Sunday other than the claim of a
state or city, under the right of police
power, to establish a day of rest from
labor as a reasonable and necessary
health measure. It may justly be
claimed that this question may as well
be left for individual determination.
However, owing to ignorance and the
common mistake of trying to burden
government with sectarian prejudices,
60 THE THEATRICAL OOUINISELOR
there have been frequent attempts to
enforce obedience to Sunday "blue
laws by some sort of official creed. A
law which picks out amusements for
Sunday ban is plainly a violation of
constitutional prohibitions against
forcing any official coercivedoxy on
the people of the United States.
Thus, a New York statute under-
took to prohibit on Sunday "all shoot-
ing, hunting, playing, horse racing,
gaming or other public sports, exer-
cises or shows, and all music disturb-
ing the peace. The court wisely held
that motion picture shows were not
included. (Klinger v. Ryan; 153 N. Y.
S. 973. Klinger v. Rand; 154 N. Y. S.
293). The bench was divided on the
question in Peoples v. Joyce; 161 N. Y.
S. 771; and see: Hamlin v. Bender; 155
N. Y. S. 153.
As the only possible warrant or
excuse in law for a Sunday closing law
can be its necessity as a health meas-
ure, it is clear that any such legislation
should prohibit all public gatherings
where any work or effort is required.
A municipality is without author-
THEATRE 61
ity to pass an ordinance punishing the
exhibition of moving pictures on the
first day of the week by fine or impris-
onment and independently compelling
its closing on that day unless such pro-
hibition is part of the general law and
policy of the state as declared by the
legislature. (People v. Lent; 152 N. Y.
S. 18). Such general policy must have
some actual warrant and basis in neces-
sity as exercise of police power. The
attendants in a theatre are the persons
whose wishes and welfare are first to
be considered in determining whether
they are to have a day of rest forced on
them by law, where they may not be
actively engaged half the time on week
days. The excuse of insuring at least
one day of rest from work in the week
is ridiculous and absurd in the case of
motion pictures, since extra help may
be secured.
Such laws have been considered in
the following cases: Ex parte Fowler;
(Cal.) 170 Pac. 823; Capital Theatre Co.
v. Commonwealth; (Ky.) 190 S. W.
1076.
Such regulations are void where
62 THE THEATRICAL COUNSELOR
they are not reasonably adapted in a
practical way to subserve the health or
public health or safety and constitute
arbitrary discriminations against
classes or individuals; nor can the
police power be used for a cloak or
guise for forcing on one class any code
of moralism or creed formulated by
another class. The right to labor, to
use one's skill and talent, and to enjoy
the rewards thereof, are natural
rights, which may not be unreasonably
interfered with by legislature or local
administration.
Likewise, the right of the owner of
property to use it in any manner that
he pleases is an inherent attribute of
private property, and any unreason-
able attempt to prohibit such use is
void as a violation of constitutional
guaranties against depriving persons
of property without due process of law.
In short, such legislation must
have for its object the prevention of
some offense or manifest evil or the
preservation of public health, safety
and the general welfare; and some
clear, substantial connection between
THEATRE
63
the enactment and the assumed pur-
pose must be shown as a practical
measure founded on common sense and
reason and passed in good faith with-
out interfering with individual rights
of freedom.
Under numerous decisions by the
highest tribunal in New York, like-
wise, motion picture houses cannot be
closed on Sunday under a penal code
provision, attempting to prohibit all
shooting, hunting, playing, horse rac-
ing, gaming or other public sports,
exercise or shows upon the first day
of the week and all music disturbing
the peace of the day. (Klinger v.
Ryan; 153 N. Y. S. 957 Hamlin v.
Bender; 155 N. Y. S. 163). This pious
"Verboten ukase evidently was
meant to sanction the mad-house rant-
ings of exhorters on street corners,
and to subject the playing of the "Mis-
erere to a passage over "The Bridge
of Sighs as 'music disturbing the
peace'.
In a later cause, the Appellate
Division argued: "The trend of recent
legislation has been, so far as possible,
64 THE THEATRICAL COUNSELOR
to protect the employe in his right to
rest on Sunday. No good reason is
apparent for denying that privilege
to the ticket seller, the ushers, the oper-
ators, and other employees in the
thousands of picture shows in the
State, while granting it to employees
in the various other lines of employ-
ment throughout the state. (People v.
Joyce; 161 N. Y. S. 771). May not the
employees themselves have some inter-
est in what concerns them alone?
The court here admits that the
only warrant for such legislation is to
afford employes a 'day of rest'. It
might be urged that extra employes
can easily be procured, and it does not
appear that the employes themselves
were in favor of the enforced day of
rest. Moreover, the law expressly
declares the day to be set apart for
"religious uses and bases the penal-
ties on the ground that there is serious
interruption of 'the religious liberty
of the community, Religious lib-
erty means above all the right
not to be forced to conform to any
creed, which is but profane oppres-
sion by egotism.
THEATRE
65
An explanation of some peculiar
holdings of courts in regard to Sun-
day closing, especially in some West-
ern States, where communities are
intellectually crude and cant-ridden,
may be found in the fact that under
the common law of England in medie-
val times, the church was officially a
part of the state, and those rustic
judges seem to have failed to realize
that in the common law of the United
States, all sectarian doctrines and
clerical say-so's are barred and pro-
scribed from interfering with the law
of the land and governmental affairs.
The highest court of the State of
New York has decided (in 1915) that
a city is without authority to pass an
ordinance punishing the presentation
of motion pictures on Sunday and can-
not independently compel and en-
force Sunday closing by means of fine
and imprisonment unless such prohi-
bition is a part of the law and policy
of the State as declared by the legis-
lature. (People v. Lent; 152 N. Y. S.
18; 109 N. E. 1088).
The highest court of Illinois, like-
66 THE THEATRICAL COUNSELOR
wise, has held that a motion picture
show is not a place of amusement
which must be closed on Sunday as a
place of amusement under a blue law
closing billiard rooms, pin alleys, base
ball grounds or other places where
persons are permitted to assemble for
the purpose of play or amusement.
This is the typical brand of puritan-
ism, proscribing anything that gives
pleasure. (Clinton v. Wilson; 257 111.
580; 263 111. 531; 264 111. 206).
Loss of Wardrobe: Where a
member of a theatrical troupe sus-
tains injury or loss to his costumes or
wardrobe, while stored in the dress-
ing room of a theatrical stage, there
is ordinarily no privity of contract
between such actor and the owner of
the theatre. The only duty devolving
upon the latter is in his contract with
the manager of the company or
troupe, who has the right to expect
the exercise of ordinary care on the
part of the stage custodian as to prop-
erty entrusted to his care.
Primarily, the claim of such a
member would be against the man-
THEATRE
67
ager of the troupe under the law of
master and servant. The master is
bound to furnish a reasonably safe
place to work for his servant. This
applies also to the tools and equip-
ment necessary for the work. Conse-
quently, in such case, the manager of
the troupe would have to show some
negligence on the part of the theatre
before he could recover for the bene-
fit of his performer, to whom the the-
trical manager is primarily respons-
ible.
On the other hand the theatrical
house is liable to an individual member
of a theatrical company for any dam-
ages sustained by reason of defective
premises or appliances on or about the
stage, as such member is there by its
invitation, and it is bound to use proper
care for the safety of persons legally
entering the premises.
Chapter IV
RAILROAD
Insurer: A common carrier of
passengers for hire is an insurer
under the law of their safety, and is
bound to use the highest degree of
care. Where a passenger on a train or
electric car is injured by reason of any
default in such duty on the part of the
company or its employees, without
contributory negligence on his own
part, damages may be recovered for
such injuries, including financial loss,
pain and suffering.
Baggage: Baggage or luggage
includes such articles as a passenger
of his class and in his station in life
usually brings with him for his per-
sonal use, comfort and convenience,
or incident to such journey or its pur-
pose. The railroad company is an
70 THE THEATRICAL COUNSELOR
insurer of such baggage, checked by
the passenger, which may be wearing
apparel, jewelry and even money for
ordinary use of the passenger or a
member of his family, but not when
intended for the use of some one else.
Instruments and tools, when intended
for use in connection with the journey
may also come under the definition of
baggage.
Costumes and paraphernalia of a
traveling theatrical troupe are gener-
ally not regarded as baggage, unless
there is a general custom so to regard
it, or where the railroad company has
checked the same as baggage, with
full knowledge of the character of the
contents on the part of the baggage
clerk.
Manuscripts and music of an
opera company in a trunk checked by
the company as baggage have been so
considered by the court. (10 Corpus
Juris, p. 1193).
Salesmen's samples and merchan-
dise for the trade are of course not
within the rule of baggage, for the
safety of which the railroad is an
insurer.
RAILROAD
71
A common carrier, including a
steam railroad and an interurban or
city electric railroad company, is held
under the settled rules of the law to be
an insurer of the safety of passengers
and their baggage. It is liable for
any loss, injury or delay from any
cause, except an act of God, of the
public enemy, or the contributory
negligence of the passenger.
This extraordinary responsibility
has been fastened upon the carrier
from public necessity. A railroad
company is thus bound to use greater
care for the baggage of a passenger
than a hotel keeper.
Ordinarily, baggage, for the loss
of which a carrier is liable upon its
having been checked, includes such
personal belongings of the passenger
as are necessary and incidental to his
journey. A husband, however, may
recover for the loss of his wife's cloth-
ing which was contained in his trunk
with his own. A wife cannot recover
for the loss of her husband's clothing
where he did not accompany her, nor
for that of her mother, nor for books
bought for either.
72 THE THEATRICAL COUNSELOR
Where it is the custom of rail-
roads to carry samples of drummers
as baggage, while they are not bag-
gage in the ordinary sense of the
term, the road may become liable by
accepting such articles as baggage.
Waiver: The regular baggage
clerk of the railroad company has
implied authority in the performance
of his duties to bind the company to
responsibility if he knowingly ac-
cepts for checking articles of property
of a character not ordinary within the
reasonable meaning of the word bag-
gage. This is in law termed 'waiver/ a
principle often applied where a party
by his own acts has become estopped
from denying the natural con-
sequences.
New York Act: Under the Pub-
lie Service Commission Law of the
State of New York, the responsibility
of a railroad company for injury to
baggage, or its loss or delay, is lim-
ited to $150, unless a written receipt is
requested showing greater value.
In Personal Charge: Where
grips or other luggage are kept by the
RAILROAD
73
passenger himself with him in the car,
only reasonable care is required on
the part of the company and train
crew to prevent its loss or theft.
Express Company: An express
company is also an insurer of the safe
delivery of articles accepted for ship-
ment, and is liable for losses within
the limit of its regulations as to the
value represented.
Chapter V
TELEGRAM
During its regular business
hours, a telegraph company must
serve all who apply without discrim-
ination.
It may not charge a higher rate
to one person than to another, except
where the service is dissimilar, and it
is bound to use reasonable diligence
to avoid mistakes and delays in the
transmission and delivery of tele-
graph messages.
The telegraph has become a part
of the commercial system of the coun-
try, and an offer and acceptance
thereof by telegraph may be the
means of creating a contract between
parties, involving large amounts of
money. Hence accuracy in telegraph
messages is quite important. Con-
tracts of employment and for the sale
76 THE THEATRICAL COUNSELOR
or purchase of merchandise are
entered into this way with great fre-
quency, and a mistake, especially
where it involves the offer of a certain
salary in an offer of employment or
for the price of a commodity, may
result in considerable loss by an error
in the transmission of figures. An
important question thus arises to
determine how far the telegraph
company is liable for such a mistake.
Generally speaking, the measure
of damages for negligence or for
breach of contract is the actual dam-
age suffered by the injured party
where such damages might reason-
ably and naturally have been antici-
pated and expected to follow the neg-
ligence or breach.
Many modifications of this rule of
damages enters into the liability of a
telegraph company.
By various state statutes, a tele-
graph company has been charged and
held liable for what has been termed
"mental anguish", as for instance in
the case of a mistake or delay in a mes-
sage announcing the illness or death
TELEGRAM
77
of a friend or relative of the addres-
see, such damages to be fixed accord-
ing to the findings of the jury hearing
the case. Many other special rules for
damages, adopted by statute in the
various states including penalties,
have been imposed upon telegraph
companies.
In order to avoid the effect of the
different rules in different states, the
telegraph companies adopted the
practice of classifying their messages,
and by contract, printed on the back
of the telegraph blanks, applied a
limitation of liability, varying accord-
ing to the class of service requested by
the sender of the message. These con-
tracts, altho having the sanction of the
Supreme Court of the United States,
were in a great many states held inval-
id, especially where it was not shown
that the sender read the contract and
knew its contents before sending the
message.
By an amendment to the Interstate
Commerce Act of Congress, adopted
June 18th, 1910, the provisions of the
Interstate Commerce Act were made
78 THE THEATRICAL COUNSELOR
to apply to telegraph companies and
to their contracts for transmission of
messages, expressly recognizing the
classification of different messages.
The act provides that such messages
may be classified into "repeated, unre-
peated, day, night, press and such oth-
er classifications as might be reason-
able or convenient. In constructing
this act, the Supreme Court of the
United States has held this classifica-
tion of messages, which has long been
in use is binding upon all parties using
the telegraph, irrespective of any con-
tract printed upon the back of the mes-
sage blank.
This act of Congress does not affect
intra-state messages, that is, messages
where the point of origin and point of
destination lie within the borders of
the same state. In such case the same
confusing and conflicting rules regard-
ing liability of telegraph companies
upon such intra-state messages are still
in force. However, the great bulk of the
telegraph business is interstate, and
upon all such messages between two
different states the rules governing
TELEGRAM 79
liability are well settled and uniform.
In respect to liability for errors
and delays and non-delivery of mes-
sages, originating in one state for
transmission to a point in another state
or foreign country, and on messages
originating in a foreign country for
transmission to a point within the
United States, telegraph messages are
divided into three main classsifica-
tions, namely, repeated, unrepeated
and insured.
A repeated message, as the name
implies, is one which is ordered
repeated back from the point of desti-
nation to the point of origin for com-
parison, in order that any error in
transmission may be corrected, while
an unrepeated message is one which is
not telegraphed back for comparison.
The latter is subject to any error in
transmission that may have occurred
by negligence or carelessness of the
operators, or by electrical disturbances
affecting the wires, or other cause lead-
ing to differences between the origin-
al message and the one received at the
point of destination.
80 THE THEATRICAL COUNSELOR
On all interstate unrepeated mes-
sages, the telegraph company is not
liable for mistakes or delays, or non
delivery, for a greater sum than
$500.00 which is the maximum sum re-
coverable under the rules established
by the Interstate Commerce Commis-
sion. Mental anguish and penalty
statutes have no application to inter-
state messages. (61 I. C. C. 541).
In the case of repeated messages,
however, for which a higher rate is
charged, the company assumes liabil-
ity for mistakes or delays in transmis-
sion to an amount equal to $5,000.00 in
consideration of the extra sum re-
ceived by the company for repeating
such message. (61 I. C. C. 541).
In addition to the principal classi-
fications above noted, a third classifica-
tion and rate is offered, which is
termed an insured message, whereby
the sender of the message may place a
valuation upon the message itself, and,
for the payment of the repeated mes-
sage rate and one-tenth of one per
cent of the amount by which such valu-
ation shall exceed $5,000.00, the com-
TELEGRAM
81
pany undertakes to insure the correct
transmission and delivery of the mes-
sage, agreeing thereby to pay all dam-
ages up to the amount of the insured
valuation.
Where messages of great impor-
tance are being sent, the insured rate
is the only safe one, and while it is true
that thousands of important messages
are sent daily as unrepeated messages,
this is because of the well known
accuracy of the telegraph, the chance
of mistake and delay being very small.
Nevertheless, even the small percent-
age of mistakes and delays occurring
on telegrams result in considerable
damage to the patrons of the tele-
graph; and for the small amount neces-
sary to insure these important mes-
sages, an individual dealing with mat-
ters of great importance should be
careful to see that he is getting the
best class of service obtainable, in
order that he may be sure that in the
event of a mistake or delay he has a
certain remedy for the damages he
may sustain.
The addressee of a message may
82 THE THEATRICAL COUNSELOR
usually rely upon the accuracy of the
message, as the general rule of law is
that where a person transmits an offer
by telegraph he constitutes the tele-
graph company his agent for the trans-
mission of the offer; and the sender is
bound by the terms of the message
delivered, notwithstanding that by
reason of some mistake the message
delivered by the telegraph company is
essentially different from the one filed
for transmission. In this way, the
sender of a telegraph message may
render himself liable to damages by
reason of such mistakes of the tele-
graph company, although he may have
small recourse at law against such
company for his own liability for dam-
ages.
Chapter VI
AUTOMOBILE
The operator of a self-propelled
vehicle is required to exercise reason-
able care and caution for the safety of
others, commensurate with the dan-
gers in each particular situation. Hav-
ing no greater right in the street than
a pedestrian, he should slow down at
crossings and observe the rules of the
road. Where his negligence is the
proximate cause of injury to others,
who are themselves free from contribu-
tory negligence he is liable for dam-
ages resulting. While frightening an
animal is of itself not actionable, he
should use reasonable care to avoid
doing so.
In most states, statutes fix differ-
ent speed limits in businesss and resi-
dence sections of cities, providing that
exceeding the number of miles per
84 THE THEATRICAL COUNSELOR
hour so specified shall of itself consti-
tute negligence in law.
Where an accident is unavoidable,
no liability attaches.
Liability of Owner: As a general
rule, the owner of a car is responsible
for any negligence of his chauffeur or
driver, while acting within the gen-
eral scope of his employment or with
the consent of the owner. Where, how-
ever, a car is used without the owner's
consent or acquiescence, the driver
alone is ordinarily responsible. Mem-
bers of the family of the owner are
generally presumed to have the own-
er's express or implied consent to oper-
ate the vehicle, altho each case must
be determined on its own peculiar state
of facts.
Railroad Crossings: It is the duty
of the driver, when approaching a rail-
road crossing, to 'stop, look and listen'
for approching trains, as it would be
impracticable to operate trains in the
country at a limited speed over cross-
ings. This also applies to interurban
cars to some extent, altho the latter are
required to exercise more care under
AUTOMOBILE
85
such circumstances, as they can the
more readily slacken speed over dan-
gerous crossings, where view is
obstructed. To fail in making the
entire stop does not necessarily render
the driver of a car guilty of contribu-
tory negligence, and the question of
negligence is one for the jury in each
case.
Passenger: The negligence of a
driver of motor vehicle is not imputed
to the passenger. It is the duty of the
latter, however, to keep lookout and
warn of impending danger.
Warranty: The vendor of a
machine impliedly guarantees that it
is suitable for the work intended by
its construction. Where express war-
anties are made at the time of sale, and
there is a breach in any of these, the
buyer may either rescind the contract
and return the car, demanding the
price paid to be reimbursed to him, or
retain the machine and sue for dam-
ages for such breach.
Second-Hand Car: Where a deal-
er states that a second hand car is all
right and in first class condition, such
86 THE THEATRICAL COUNSELOR
representations do not amount to a
warranty.
Chattel Mortgage: -Where a buyer
executes notes and a chattel mortgage,
this is valid between the immediate
parties, but as against third parties,
such as creditors of the buyer, the
mortgage is required to be acknowl-
edged before a justice of the peace and
recorded in the office of the recorder
of the county, which serves as con-
structive notice to all persons of the
rights of the mortgagee. In Illinois
and some other states, a transfer of
personal property by a husband to his
wife is not binding on his creditors un-
less a bill of sale be recorded.
Garages The keeper of a garage
is a bailee of a car which is left in cus-
tody there, and is required to exercise
such care in its keeping as if it were
his own, provided a charge is made. If
merely gratuitous service is rendered,
only slight care is necessary. While he
is not an insurer of the safety of the
vehicle in any case he is responsible in
case of injury or loss if defaulting in
the degree of care required under
these rules.
Chapter VII
CONTRACT
A contract is an agreement, or the
meeting of two minds for a common
intent, whereby a mutual obligation is
created in law. There must be a sub-
ject matter and a consideration, and
the terms of the reciprocal obligations
must be definite and certain or capable
of being made certain. They are
regarded as being made with refer-
ence to ordinary custom and common
usage.
A contract may be written or oral.
Under the statute of frauds, certain
contracts, in order to be valid, must be
in writing, including the following:
contracts of guaranty, to answer for
the debt of another; agreements in con-
sideration of marriage (as distin-
guished from a contract to intermarry,
which may be word of mouth only);
88 THE THEATRICAL COUNSELOR
agreements which are not to be per-
formed within one year; and all con-
tracts regarding real estate or any
interest therein for a term longer than
one year from the date of the contract.
Thus, an agreeemnt to buy or sell a lot
or a farm, or to lease a house for longer
time than one year thereafter, is of no
effect, with some exceptions, as where
there has been part performance in
good faith.
A gift is of course not a contract
and is of no effect in law until it has
been executed by delivery, since the
consideration, or mutually binding
obligation, is lacking.
To constitute a valid contract, the
contracting parties must be both free
from duress, or forcible threats, and
further competent in law. Thus, in-
sane persons, wards under conserva-
tors and minors, are incompetent to
enter into a valid contract.
A contract against public policy,
such as one in restraint of trade or to
establish a monoply, is void. So also, is
a gambling debt or a wager made on an
election. Likewise, an agreement for
CONTRACT
89
immoral consideration will not be
enforced by courts, such as for illicit
relations. A contract executed on Sun-
day is ordinarily void.
Frauds In ordinary trade, the
rule prevails: 'Let the buyer beware'.
Mere puffing of goods is not sufficient
to invalidate a sale, tho untrue. Fraud-
ulent misrepresentations, such as will
avoid a contract, must be willful mis-
statements of present facts, not mere
opinions, and they must be relied and
acted upon by the other party in good
faith where the latter has not equal
means of ascertaining the true facts.
Where undue influence has been
used, or a relation of trust and confi-
dence abused, for the obtaining of a
contract, it may be set aside under
equitable principles of courts, as it
would be contrary to good conscience
to enforce an obligation.
Under the rules of evidence, parol
proof is admissible to explain a writ-
ten contract in case of ambiguity, but
not to alter or contradict its express
provisions.
The consideration requisite for a
90 THE THEATRICAL COUINlSELOR
legal contract may be either in the
form of a benefit to the party promis-
ing, or a loss or detriment to the other
party. Marriage is a valuable consid-
eration for a contract. Considerations
of love and affections are not sufficient
to sustain an executory contract in law,
as the transaction is regarded as gift
which takes effect only on execution
and delivery.
Breach of Contract: The most
common cause of action in suits at law
is the failure by one of two contracting
parties to perform his part of the
mutual obligations. In case of breach
of contract by one party, the other
party has the right to rescind the con-
tract and treat it as a nullity, or he
may elect to stand by it; and if he has
performed his part or tenders to per-
form and is ready, able and willing to
do so, he may recover damages for
breach by the other party.
Performance Impossible: Where
performance becomes impossible by
reason of some cause beyond the con-
trol of the party obligated, or which
cannot reasonably be supposed to have
CONTRACT 91
been in contemplation of the parties
at the time of entering into the agree-
rnent, there is ordinarily an implied
condition relieving from performance.
The mere fact that performance be-
comes extra burdensome does not dis-
charge the obligor. If, however, a
party is prevented from performance
by some default on the part of the other
party he, is of course discharged.
Thus will be seen the importance
in drafting contracts to provide for
contingencies and altered conditions
as the rule of law is to hold a party to
his binding promise, unless he himself
has taken care to provide for excuses
and exceptions where the obligation
shall cease. It is advisable to insert a
proviso that where performance be-
comes impossible or is prevented by
specified causes, the contract shall be
abrogated.
A legal maxim declares that where
one of two innocent parties must suffer
or sustain a loss, the law casts the bur-
den on him who has agreed by his abso-
lute obligation to sustain it, or whose
act or omission has caused the loss.
92 THE THEATRICAL COUNSELOR
Thus a tenent has been compelled to
pay rentals as agreed, tho the house
has burned down, for his failure to
stipulate against such a case.
Contract of Artist: Where an
artist agrees to appear in a concert on
a certain day and is then sick and
unable to perform, the contract is dis-
charged.
Where an opera troupe is engaged
for a theatre and the leading artist
becomes ill, this is an excuse for non-
performance and rescission. (Spauld-
ing v. Ross; 71 N. Y. 40).
Chapter VIII
MINOR
A minor or an infant in law is in
most states a male under twenty-one,
or a female under eighteen years of
age. During such minority, parties
are incapable of entering into binding
contract, except for necessaries, de-
pending upon what is generally re-
garded as reasonably necessary accord-
ing to the respective age and station in
life, where such necessaries are not
provided for by parent or guardian.
The minor may of course hold the other
party, if the former so chooses, and he
may himself ratify his agreement after
coming of age.
The deed or promissory note of a
minor is void, and the negotiation of
such a note is a fraud under the law
of negotiable paper. Other contracts
are merely voidable and may be rati-
fled at majority.
94 THE THEATRICAL COUNSELOR
An automobile has frequently been
held by the courts not to be a necessity
for a minor. On the other hand, a cor-
respondence school course may be re-
garded as a necessity, each case de-
pending upon its own particular cir-
cumstances.
In the legal theory, the earnings of
a minor belong to his father who is
responsible for his support, unless he
has been emancipated.
A minor is liable for his own torts
and injury to persons or property.
Crimes: One over fourteen years
of age is responsible for his crime like
an adult, subject to age graduations in
penal statutes. Between seven and
fourteen criminal intent must in fact
be shown. Under seven a person can-
not commit a crime in law.
Chapter IX
PROMISSORY NOTE
A promissory note is an uncondi-
tional promise in writing by the sign-
er, or maker, to pay to another party
named, the payee, or his order or
bearer, on demand, or at a specified
time a fixed sum of money, without
interest, or with interest from date of
maturity.
When the payee signs his name on
the back as indorser and transfers it to
a third party before maturity for a
valuable consideration in due course
of business, the buyer of the note, if
acting in good faith, without actual
notice of any defects, takes it free from
most defenses, and may sue the maker
in his own name. The endorser guar-
antees genuiness of signature and pay-
ment. This particular character of
commercial paper under the Negoti-
96 THE THEATRICAL COUNSELOR
able Instruments Statute is derived
from an ancient practice of merchants
of using such obligations in lieu of
money, the title being transferable as
in the case of currency, for free circu-
lation.
A draft, or bill of exchange, is an
unconditional order or letter of re-
quest by the signer, or drawer, upon
another party, the drawee, to pay to a
third party or his order a specified sum,
charging the amount to his account.
Where the payee transfers such draft
to a buyer in good faith, without notice
of any infirmity, the latter takes the
instrument as a 'bona fide' purchaser.
A check is a bill of exchange
drawn on a bank, payable on demand.
The endorser guarantees its genuine-
ness and is bound to make the check
good if not honored, unless he endorses
it 'without recourse'.
Negotiable paper may be post or
ante-dated. If executed on a Sunday,
it is void. When due on a Sunday or a
legal holiday, presentment and pay-
ment should be made on the following
day.
Chapter X
PARTNERSHIP
A co-partnership is a contract be-
tween two or more persons to contri-
bute money, effects, labor and skill or
other things of value to a lawful busi-
ness and to bear the losses and divide
the profits in a certain proportion for
common benefit. Division of profits is
the distinguishing test.
Each partner has authority to bind
the partnership within the scope of its
general powers and is in turn individu-
ally liable for the partnership debts.
This is one of the chief distinctions be-
tween a partner and a stockholder of
a corporation, who ordinarily is liable
only for the amount of his stock sub-
scription.
LIMITED PARTNERSHIP
Two or more persons desiring to
form a limited partnership shall sign
98 THE THEATRICAL COUNSELOR
and swear to a certificate which shall
state the name of the partnership, the
character of the business, the location
of the principal place of the business,
the names and addresses of the princi-
pal partners and the limited partners,
and the terms for which the partner-
ship is to exist.
Limited partnerships are recog-
nized in the following states: Alaska,
Idaho, Illinois, Maryland, Minnesota,
New Jersey, New York, Pennsylvania,
Tennessee, Utah, Virginia and Wis-
consin.
Account: Where differences arise
between co-partners, the only legal
remedy is generally an expensive
action for accounting by one against
the other under the Uniform Partner-
ship Act.
It is therefore, advisable, in form-
ing this relation, to establish a common
depositary for the common partner-
ship fund, against which checks can be
drawn only jointly, and further to
have proper Articles of Agreement ex-
ecuted insuring the protection of their
respective rights.
Chapter XI
CORPORATION
A corporation is a distinct legal
entity subsisting as a body politic,
under a franchise from the state,
whereby several individuals act collec-
tively.
Among early corporations were
the Merchant Adventurers, who set-
tied Plymouth, the Dutch East India
Company and the Hudson's Bay Com-
pany. Owing to necessities of modern
enterprise for large capital and exten-
sive operations, the modern corpora-
ation has become a powerful factor in
social and business life. They are
formed under the corporation acts of
the various states, which require the
opening of lists for the subscription of
stock, the meeting of the subscrib-
ers and the election of directors,
the sworn affidavits as to moneys
100 THE THEATRICAL COUNSELOR
and property transferred to the
corporation, the payment of the in-
corporation fee and the license of the
Secretary of State authorizing- the com-
pany to transact business.
Promoter: The promoter is bound
to make full disclosures to the invest-
ors and is not allowed to derive secret
profits. The prospectus must not con-
tain any false statements as to actual
facts, or the subscriptions may be
ordered canceled.
Certificate of Stock: Certificates
of stock are issued by the company's
officers, showing the amount of shares
owned by the investor, and such certifi-
cates may be sold and transferred on
the company's books.
Blue Sky Law: In most states,
statutes are now in force prohibiting
the sale of corporate securities before
proper sworn reports have been filed
with the secretary of state, showing
the actual financial condition of the
company, and permission has been
granted to negotiate such securities or
offer them for sale to the public.
OOEPOKiAiTION
101
Transfers of small lots by individual
holders of stock are not prohibited.
The Lloyds, the New York Stock
Exchange, and numerous oil compan-
ies operate under a trust agreement as
common law corporations.
Chapter XII
INJURY
"So use your own", declares an
ancient fundamental maxim from the
Roman law, "as not to injure another or
the rights or property of another.
Infractions against this principle are
designated torts, which may be either
to the person, or his feelings or reputa-
tion, or personal or real property.
An actionable tort is a violation of
a right given or the omission of a duty
imposed by law.
Negligences Negligence, when
alleged as the basis for damages in a
suit, is the omission to do something
which a reasonable man guided by
those considerations which ordinarily
regulate the conduct of human affairs,
would do, or doing something which a
prudent and reasonable man would not
do under the circumstances at the par-
104 THE THEATRICAL COUNSELOR
ticular time. He whose negligence was
the proximate cause of an injury which
could reasonably have been foreseen
is held liable.
Degree of Cares The measure of
care required as an enforceable legal
duty varies with circumstances. Thus
a railroad company is under the legal
duty of exercising the highest degree
of care for the safety of its passengers.
This duty is based upon the peculiar
contract relation and as a matter of
necessity and public policy.
Master and Servant: Likewise, a
master or employer is in duty bound to
furnish his employee a reasonably safe
place to work and to warn the inexper-
ienced of hidden dangers.
City: A municipality is bound to
use proper care in the construction and
maintenance of public highways and
sidewalks. Such liability, however, is
of limited scope, as only reasonable
care is required, and notice to the city,
in some form, of the defect must be
proven.
Premises: The owner or party in
control of premises is required to
INJURY
105
maintain them in reasonably safe con-
dition. This rule applies to theatrical
premises.
Where negligence is charged as
the basis of a suit, as for instance in the
collision of two motor vehicles, ordi-
nary care, to use which is a duty im-
posed on both parties, means that the
degree of care, attention and exertion
which, under the actual circumstances,
as shown by the evidence, a man of or-
dinary prudence and discretion would
use or exercise in reference to the par-
ticular thing, that is, the car under his
control.
The lack of such care is generally
negligence in law, but the question as
to whether the defendant has been
guilty of negligence proximately caus-
ing the injury, or a plaintiff of contri-
butory negligence, defeating recovery,
is ordinarily a question for the jury to
be determined on all the facts and cir-
cumstances as found from the evidence
in any particular case under the in-
structions of the court as to the law
governing the case.
Other forms of wrongs for which
106 THE THEATRICAL COUNSELOR
suit lies are conversion of property,
assaults on the person, injury to prop-
erty, defamation of character, inter-
ference with domestic relations; mali-
cious prosecution, etc.
Chapter XIII
REAL ESTATE
History: After the Goths and
Vandals overran Rome in the fifth cen-
tury, land became the basis of govern-
ment. Under the feudal system after
the Norman conquest of England in
1066, the title to land was held by the
monarch and allotted to his chiefs or
barons in return for service or fealty,
and passed by descent to the first born
son. This entailment of land has grad-
ually disappeared, and while title to
land in the United States generally
originates by a patent from the gov-
ernment, the holder of the legal title
in fee simple or the right of its perma-
nent disposition is in law now the
owner.
The United States government
purchased from France in 1803 the ter-
ritory embracing Louisiana, Arkansas,
108 THE THEATRICAL COUNSELOR
Missouri, Kansas, Minnesota, Ne-
braska, the Dakotas, Iowa, Montana,
Idaho, Colorado, Oklahoma and Indian
territory, the discoverer of the mouth
of the Mississippi claiming, under the
custom of the age, the territory tribu-
tary thereto. Florida was acquired
from Spain in 1819; and in 1845 Texas
and New Mexico were annexed. The
government acquired from Mexico in
1848 the territory west of the Rocky
Mountains and south of the northern
boundary line of Calfornia. Alaska
was purchased from Russia in 1867.
Washington and Oregon were claimed
by right of discovery and settlement.
The Hawaiian Islands were annexed in
1896, and the Spanish War under the
Treaty of Paris gave us Porto Rico and
the Philippines.
Title: Real estate may be held
either in fee or for a term, as for life
or a term of years. By a warranty deed
the seller warrants the title; by a quit
claim deed he merely transfers what-
ever interest he has at the time.
Deeds are acknowledged before a
notary public and recorded on the pub-
REAL ESTATE
109
lie records, whereby notice is given
under the law to the whole world that
the vendor has parted with his title in
favor of the grantee.
A wife is generally required to
join her husband in his deed for the
purpose of waiving her rights to home-
stead and dower in the property con-
veyed.
In most states it is permissible for
a husband and wife, when purchasing
a tract of land, lot or residence, to have
the deed run to both of them, adding
after their names "as joint tenants,
but not tenants in common". In this
way, in the case of death of either, the
entire title immediately vests in the
survivor without the costs, delay and
trouble of administration in a probate
court.
Description: Originally govern-
ment surveyors designated townships
by successive numbers, north of succes-
sively numbered ranges, east or west of
a certain numbered principal merid-
ian. Each township in turn is divided
into thirty-six numbered sections. In
cities parcels are platted, with streets
110 THE THEATRICAL COUNSELOR
and alleys dedicated to the public, and
subdivided into lots.
Abstract: An abstract is an ab-
breviated record of the transfers of
title to any particular tract from the
patent from the government down,
appearing* on public records. Where,
in the opinion of an examining attor-
ney, the abstract reveals a defect in
title, such as a mistake in the execution
of some document in the past, it may
either be corrected or waived, or the
purchaser may refuse to accept the
title.
Chapter XIV
DEFAMATION
Among the essential rights of a cit-
izen is that of his reputation and he is
entitled to recover damages for slan-
der, or oral defamation, or libel, mean-
ing defamatory matter written or pub-
lished in print. Where he is exposed to
public contempt, scorn or shame, he
may recover not only actual damages
from loss or ruin of business reputa-
tion but also punitive damages if he
can prove malice. The truth of any
statement published may be shown in
defense.
Public policy demands a certain
latitude and freedom of statement,
even tho the individual may be injured,
where he, is in some way before the
public, such as a theatrical performer.
112 THE THEATRICAE COUNSELOR
If an article expresses the real belief of
the writer and is based on reasonable
grounds with some care in ascertain-
ing facts, there is ordinarily no basis
for a suit.
Under a New York statute giving
a remedy to any person "whose por-
trait or picture is used for advertising
or trade purposes without his consent",
it has been held that this statute was
not applicable where a sign with plain-
tiff's name and business was shown on
a building in the film, "The Inside of
the White Slave Traffic". (Merle v.
Sociological Research Film Corpora-
tion; 152 N. Y. S. 829). The court fur-
ther held, however, that if the picture
held the place of business out as one
where many girls were employed and
as a rendez-vous for cadets and their
victims, where the white slave trade
might be recruited, an action for libel,
as tending to bring the owner into gen-
eral disrepute, would lie.
Chapter XV
PHOTOGRAPH
The individual right of privacy
covers a photograph of a person, which
is his private property and may ordi-
narily not be published without his con-
sent where it violates such right of
privacy or his property right therein.
A copyrighted photograph is pre-
sumed to have some pecuniary value.
In the absence of special agreement or
acquiescence, neither the photograph-
er nor any one else may publish the
same.
Exploiting Photograph: One of
the absolute rights which every person
possesses is that of personal security,
which consists in the uninterrupted
enjoyment of life and health, and every
wrongful invasion of such right gives
rise to liability in tort for the damage
done. Thus, the exhibition in a theatre
114 THE THEATRICAL COUNSELOR
of a photograph of plaintiff, taken in a
store without her consent in order to
exploit a dry goods business conducted
by the defendant there, warrants re-
covery without the necessity of proof
of any special damages. (Kunz v.
Allen; 172 Pac. 552).
Letter: Likewise, the writer of a
confidential letter may sue for dam-
ages for its publication by the recipi-
ent or a stranger and recover nominal
and any actual damages shown. Ordi-
narily, however, depending on circum-
stances, the party receiving a letter
may make reasonable use of its con-
tents.
Chapter XVI
COPYRIGHT
Under the Federal Copyright
Statute, as well as the common law, the
author of an intellectual production
has an absolute and exclusive property
right therein before it has been pub-
lished. Mere ideas are not the subject
of property—only the concrete form
in which they are expressed. Where a
dramatic composition is original in
arrangement and construction, the
right attaches until published, as is
also the case with the scenario of a pho-
to-play or the photographic film. The
dramatization of a novel may be copy-
righted, provided permission has been
obtained from the owner of any unex-
pired copyright thereof.
As to dances and postures, it has
been held that the manner and meth-
ods of performers were individual and
116 THE THEATRICAL COUNSELOR
incapable of being copyrighted. (Daly
v. Palmer; 6 Blatchf. 256).
The title of a production may be
protected even after copyright has ex-
pired under the law of trade names
and unfair competition.
Where A engaged B to write a
comic opera, A contributing the seen-
ario, and B. the Plot, dialogue and
music, and where B. engaged C. to
write the lyrics, where C simply in-
serted old songs of his own in the lib-
retto, A acquired an interest and the
right to publish these separately.
(Maurel v. Smith; 220 Fed. 195).
Where one author adapted a music-
al comedy from a foreign play and
another composed lyrics, a composer
writing the music, the latter was held
not a joint author. (Herbert v. Fields;
152 N. Y. S. 487).
Once a play or any literary pro-
duction has been published voluntar-
ily without first being copyrighted,
exclusive rights therein are lost. Pre-
sentation for a single time on the stage
is not publication.
The exhibition in a motion picture
COPYRIGHT
117
of incidents of a copyrighted work con-
stitutes an infringement.
There is infringement on a musi-
cal work where the original melody
may still be recognized by the ear.
The publishers of Nick Carter's
Detective stories were not allowed an
injunction against a motion picture
film depicting a detective named Nick
Carter in a play not taken from any of
the copyrighted stories. This involved
the further legal question of unfair
competition, and the court held there
was not. (204 Fed. 398).
On the question of unfair competi-
tion, likewise, the use of the title The
House of a Thousand Scandals' was
held not calculated to deceive the pub-
lie on the complaint of the owners of
the play The House of a Thousand
Candles'. (Selig Polyscope Co. v. Mu-
tual Corp. 169 N. Y. S. 369,1113).
The Librarian of Congress, on re-
quest, will forward the necessary
blanks for copyright, with rules, and
two copies must be mailed to him on the
date of publication, together with affi-
davits and fee of one dollar.
Chapter XVII
HOLIDAY
Legal holidays in Illinois and most
other states are as follows: New Year
Day, January 1; Lincoln's Birthday,
February 12; Washington's Birthday,
February 22; Decoration Day, May 30;
Independance Day, July 4; Labor Day,
1st Monday in September; Columbus
Day, October 12; Armistice Day, No-
vember 11; and Christmas Day, Decern-
ber 25, also election days, and, in large
cities, Saturday afternoons are gener-
ally observed as a half holiday.
Chapter XVIII
MARRIAGE
At common law, a simple agree-
ment to be husband and wife, the par-
ties assuming such status at the time,
was sufficient, but statutes in most
states now require the securing of a li-
cense and various official sanctions.
The free consent of the parties is neces-
sary, and if either enters the status
under duress or under the legal age
without consent of parent or guardian,
such contract may be annulled.
Marriage is a civil contract, to
which the consent of the parties is
essential. It may be solemnized by a
judge, magistrate, city clerk, justice,
clergyman or the leader of the Society
for Ethical Culture of New York or
Brooklyn. In the State of New York
it is sufficient for the parties to exe-
cute and acknowledge a written con-
122 THE THEATRICAL COUNSELOR
tract and file it for public record. The
legal age of consent varies, it being
eighteen in the state of New York, oth-
erwise, the consent of a parent or
guardian must first be obtained and
affidavit filed. In Illinois, Ohio and
Indiana persons more nearly related
than second cousins may not inter-
marry.
The disabilities of a married
woman at common law in England,
where her responsibility was consid-
ered merged in that of her husband,
have been generally removed by stat-
utes; and she can ordinarily contract
in her own behalf, sue and be sued,
own, sell and purchase property trans-
act business and retain her own earn-
ings as if unmarried. The principles
of curtesy and dower, however, are
still in force in most states, while they
have been abolished in others, such as
California. The surviving spouse is
entitled thereunder to the use and pos-
session for his or her natural life of
one-third of all the real estate of which
the deceased husband or wife was pos-
sessed during coverture. This occas-
MARRIAGE
123
ions the necesssity of the wife joining
her husband in any deed of real estate
and vice versa. Special waiver of
rights of homestead as well as dower
are required in some states.
Breach of Promise: Where a man
fails to perform a contract to marry a
woman without fault on her part, she
may recover damages for her wounded
spirits, mental suffering and solitude,
as well as punitive damages, provided
she be able, ready and willing and he
refuses without just cause.
Chapter XIX
DIVORCE
At common law in England and in
the United States there is no divorce,
except a limited one from bed and
board on the ground of adultery or
cruelty. At the present time, the sub-
ject is governed entirely by statutory
enactments which differ in the var-
ious states, a residence in the state for
one year prior to bringing the action
being generally required.
Illinois: The statutory grounds
for divorce in Illinois are as follows:
natural impotency; another wife or
husband at the time of marriage; adul-
tery subsequent to marriage; wilful
desertion without any reasonable
cause for two years: habitual drunk-
eness for two years; attempting the
life of the other by poison or other
means showing malice; extreme and
126 THE THEATRICAL COUNSELOR
repeated cruelty; and conviction of a
felony or other infamous crime.
New York: In the State of New
York, divorce is granted for the de-
fendant's adultery in either of the fol-
lowing cases: when both parties were
residents of the state when the offense
was committed; where the parties were
was committed; where the parties were
married within the state; where the
plaintiff was a resident when the
offense was committed and is a resi-
dent when the action is commenced.
The co-respondent may defend as far
as the issues affect him. The defend-
ant adjudged guilty of adultery is pro-
hibited from marrying again until the
death of the plaintiff, unless three
years have elapsed and the judge modi-
fies decree on proof of good conduct.
The guilty party loses all rights in the
other's estate. An innocent wife loses
no rights and is entitled to dower, or
the life interest of one-third of real
estate owned by her husband, in deeds
for which she has not joined. Divorce
is refused where the plaintiff has also
DIVORCE 127
been guilty of adultery, unless such
offense has been condoned.
Nevada: A residence of only six
months is required by the statute at
present in force here for a plaintiff to
bring an action for divorce. Among
the grounds are willful desertion for
one year and also neglect by the hus-
band to provide for the common neces-
saries of life for one year.
Collusion: Where parties collude,
whereby is meant an understanding
that one party shall prosecute a weak
case and that the other party shall not
interpose any real defense, so that a
decree which could be prevented or
defeated be granted, the proceedings
may be declared null and void by the
court on satisfactory proof of such col-
lusion.
Cruelty: Extreme and repeated
cruelty is generally proved by evi-
dence of at least two acts of physical
violence or what is tantamount thereto.
Agreements: It is proper for a
married couple to execute a separation
agreement and property settlement
128 THE THEATRICAL COUNSELOR
between themselves respectively and
such contracts will be upheld.
Alimony: The court allows the
wife a reasonable sum to be paid by the
husband to defray her solicitors' fees
and living expenses while prosecuting
the suit; and if she be granted the
divorce, the decree may order the pay-
ment of permanent alimony. Custody
of children is also granted by the
court.
Remarriage: In many states, it is
unlawful to remarry within one year
after decree of divorce, except that the
parties themselves may intermarry.
They may ordinarily remarry in other
states with impunity, provided they re-
main outside of the state where the de-
cree was granted. Legal advice on
each particular case is, however, to be
sought on such questions.
Presumption: A person not heard
from in seven years is presumed in law
to be dead.
Chapter XX
DESERTION AND NON-SUPPORT
^ Twenty-two states and two terri-
tories of the United States have en-
acted—some of them in form more or
less modified—the Uniform Desertion
and Non-support Act. These states are
Alabama, California, Delaware, Idaho,
Illinois, Kansas, Massachusetts, Miss-
issippi, Nevada, New Hampshire, New
Jersey, North Dakota, Oklahoma,
South Dakota, Texas, Utah, Vermont,
Virginia, Washington, West Virginia,
Wisconsin and Wyoming. The terri-
tories are Alaska and Hawaii.
The original act is as follows:
"Any husband who shall, without
just cause, desert or wilfully neglect or
refuse to provide for the support and
maintenance of his wife in destitute or
necessitous circumstances; or any par-
ent who shall, without lawful excuse,
desert or willfully neglect or refuse to
130 THE THEATRICAL COUNSELOR
provide for the support and mainte-
nance of his or her child or children
under the age of sixteen years in desti-
tute or necessitous circumstances, shall
be guilty of a crime and, on conviction
thereof, shall be punished by fine not
exceeding five hundred dollars, or im-
prisonment in the not ex-
ceeding two years, or both, with or
without hard labor, in the discretion of
the court/'
Various modifications are found in
the statutes enacted by the various
states. Usually these modifications
bear on the authority of the court to en-
force the payment of moneys by the de-
serting husband or parent; the course
to be taken in case of desertion is com-
plicated by divorce with or without ali-
mony; the case of illegitimate children;
and the classification of the offense as
"crime, felony, or misdemeanor and
the punishment therefor.
In some states the fine, where one
is assessed, is made payable toward the
support of the deserted one. Some
states omit the word "wilfully before
the word "neglect, thus making the
NON-SUPPORT
131
fact of desertion, if proven, basis for
conviction.
The law has been generally upheld
by the higher courts in such cases as
have been appealed. In Texas it has
been declared constitutional. In Kan-
sas the punishment of two years at
hard labor has been sustained as not
"cruel and unusual. Illinois courts
have held that in case of a prosecution
begun before the law was enacted, the
law is inoperative.
Inability to support the depend-
ant has been held a valid defense, but
ignorance of dependent's destitute
condition where such knowledge was
easily obtainable, did not save defend-
ant from convicition in Texas.
The term "destitute and necessi-
tous circumstances has been held to
mean, not actual hunger or cold, but
lack of food, shelter and educational
facilities to which persons in the social
class of the dependent are accus-
tomed. . Further, the fact that rela-
tives, friends or institutions have
cared for the dependent does not bar
prosecution of the offender.
Chapter XXI
EXEMPTION
Homestead: Under the principle
of public policy a certain amount of
property of a person is made exempt
by law from liability for his debts and
placed beyond the reach of iinancial
misfortune in the interest of humanity.
Thus a homestead is not subject to levy
for debts as long as it is occupied by a
man and his family or by his widow
and children until they are twenty-one
years of age. The amount of the home-
stead exemption varies in different
states, it being one thousand dollars
in Illinois. As long as it is actually
claimed as a homestead, residence
thereon is not indispensable in all
cases. Where the property exceeds in
value the amount of exemption it may
be ordered sold and the amount of
homestead exemption will be set apart.
134 THE THEATRICAL COUNSELOR
Exemption; Likewise, the head of
a family may claim a certain amount of
cash and personal property, varying
in different states, as exempt from levy
under execution on a judgment or at-
tachment, provided he files his sched-
ule of such claim within a short time, as
fixed by statute, after being served
with copy of the writ. In Illinois, he
may claim exempt property to the
value of four hundred dollars, and a
single man one hundred dollars.
Garnishment: A certain amount
of wages is also exempt from garnish-
ment in the case of married men, the
Illinois statute fixing it at fifteen dol-
lars per week.
Imprisonment: Imprisonment for
debt has been abolished, except in suits
based on malice or fraud, where a "cap-
ias may issue.
Limitations: Claims are outlawed
in different periods. In Illinois suits
on oral contracts must be brought in
five years; written ones in ten years.
EXEMPTION
135
Homestead Exemption Table
Alabama.
State Tax:
Real Estate $2,000.00
Personal Property 1,000.00
Wages (Per Month) 25.00
Arizona.
State Tax: No.
Real Estate $3,000.00
Personal Property: Specified
Articles.
Wages: One-half of earnings 30
days preceding levy, of head of
family.
Arkansas.
State Tax: Yes.
Real Estate: i acre in towns, 160
acres in country not over
$2,500.00.
Personal Property: $500 in cer-
tain articles.
Wages: For 60 days, but not in
addition to personality.
California.
State Tax:
Real Estate $5,000.00
136 THE THEATRICAL COUNSELOR
Personal Property: Specified arti-
cles not exceeding $1,000.00
Wages: Earnings, 30 days pre-
ceding levy.
Colorado.
State Tax: No.
Personal Property: Specified
Articles.
Wages: Earnings for preceding
30 days, not over $30.00
Connecticut.
State Tax: No.
Real Estate: $1,000.00 is exempt
providing debtor resides there-
on and has declared the same to
be his homestead. Such declar-
ation must be in writing and
filed with the Town Clerk of the
town where the property is lo-
cated. If this declaration is not
made there is no homestead ex-
emption.
Personal P ro p e r t y : Specified
Articles.
Wages: $25.00 in wages due.
Delaware.
State Tax: Yes.
Real Estate: No. Homestead.
EXEMPTION
13T
Personal Property: Each county
has a special law.
Wages:
District of Columbia.
State Tax:
Real Estate: No realty exempt.
Personal Property: Specified
articles to amount not exceed-
ing $1,000.00.
Wages: 2 months wages, not ex-
ceeding $100 per month.
Florida.
State Tax:
Real Estate: In towns i acre;
country 160 acres.
Personal Property $1,000.00
Wages: All wages due.
Georgia.
State Tax:
Real Estate: 1,600.00 in realty or
personality, or both.
Personal Property: Specified
Articles.
Wages: By a law passed in 1914,
wages of a laborer up to $1.25
per day, is not subject to garn-
ishment, but 50% of the amount
138 THE THEATRICAL COUNSELOR
earned in excess of $1.25 per
day is subject to garnishment.
Idaho.
State Tax:
Real Estate: $5,000.00
Personal Property: Specified
articles to value of $1,000.00
Wages: Wages for 30 days.
Illinois:
State Tax: No.
Real Estate: $1,000.00
Personal Property 400.00
Wages (per week) 15.00
Indiana.
State Tax: No.
Real Estate: $600.00 in real or
personal property or both.
Personal Property:
Wages: All Householders one
month's wages not exceeding
$25.00. Residence householders
have the $600.00 exemption.
Iowa.
State Tax: No.
Real Estate: i Acre in town; 40
acres in country.
Personal Property: Specified ar-
EXEMPTION
139
t i c 1 e s—and also household
goods, not exceeding $200.00 in
value.
Wages: Wages for 90 days.
Kansas:
State Tax: No.
Real Estate: 1 Acre in town, or
160 acres in country.
Personal Property: Specified ar-
tides.
Wages: 3 month's wages except
10 per cent, per month under
certain conditions.
Kentucky.
State Tax: No.
Real Estate: To value of $1,000.00
Personal Property: Specified ar-
tides.
Wages: Same exemption as other
house keepers.
Louisiana.
State Tax: No.
Real Estate: To value of $2,000.00,
but in New Orleans the Home-
stead, to be valid, must be re-
corded.
140 THE THEATRICAL COUNSELOR
Personal Property: Specified ai
tides.
Wages: All wages of laborers.
Maine.
State Tax: No.
Real Estate: To value of $500.00
Personal Property: Specified ar-
tides.
Wages: $20.00 where suit is not
for necessities, $10.00 in all oth-
er cases.
Maryland.
State Tax: No.
Real Estate: No homestead.
Personal Property: Specified ar-
tides to value of $100.00.
Wages: Wages to amount of
$100.00.
Massachusetts:
State Tax: Yes.
Real Estate: To value of $800.00
Personal Property: Specified ar-
tides.
Wages: As against debt for nec-
esssaries, $10.00, other debts,
$20.00.
EXEMPTION
141
Michigan.
State Tax: No.
Personal Property: $250.00 in
goods for each partner. Speci-
fled articles.
Wages: If married man, 80% of
wages up to $30.00 and at least
$8.00; if single man, 40% of
wages up to $15.00 and at least
$4.00.
Minnesota:
State Tax: No.
Real Estate: 80 Acres in country,
i acre lot in town.
Personal Property: Specified ar-
tides.
Wages: $35.00 if earned in 30
days preceding levy.
Mississsippi.
State Tax*
Real Estate: To value of $3,000.00
not to exceed 160 acres.
Personal Property: In country,
specified articles; in town
$250.00 value.
Wages: Head of family, $50.00.
142 THE THEATRICAL COUNSELOR
Missouri.
State Tax: Yes.
Real Estate: $1,500.00 in country
and in cities under 40,000; $3,000.
in cities over 40,000.
Personal Property: $300.00 be-
sides wearing apparel, house-
hold and kitchen furniture.
Wages: Head of family, 90% of
wages.
Montana.
State Tax:
Real Estate: $2,500.00
Personal Property: Specified ar-
tides.
Wages: 30 days wages.
Nebraska.
State Tax: No.
Real Estate: To value of $2,000.00
(Residence). Single man no ex-
emptions.
Personal Property: Family sup-
plies for 6 months and certain
enumerated articles and $500.
Wages:
Nevada:
State Tax: No.
Real Estate: To value of $5,000.00
EXEMPTION
143
Personal Property: Specified ar-
tides.
Wages: Earnings for preceding
30 days, of married man when
necessary for support of family
but one-half available on claim
for necessaries.
New Hampshire.
State Tax: No.
Real Estate: To value of $500.00
Personal Property: Specified ar-
tides.
$20.00 except for necessaries.
New Jersey.
State Tax: No.
Real Estate $ 200.00
Personal Property: $200.00 in
merchandise and wearing ap-
parel.
Wages: All wages.
New Mexico.
State Tax: Yes.
Real Estate: To value of $1,000.00,
or $500.00 in money if he owns
no homestead.
Personal Property: Specified ar-
tides.
144 THE THEATRICAL COUNSELOR
Wages: For head of family only,
80% of last thirty days wages
up to $50.00; none over $50.00.
New York.
Ts y Vpc
Real Estate: To value of $1,000.00
if conveyance or notice filed des-
ignating it as an exempt home-
stead.
Personal Property: Specified ar-
tides, and $250.00 additional.
Wages: 60 days wages if less
than $12.00.
North Carolina.
State Tax*
Real Estate: $1,000.00 in land.
Personal Property: $500.00 in
personality.
Wages: 60 days' wages..
North Dakota.
State Tax:
Real Estate $5,000.00
Personal Property: Not to
exceed 500.00
Wages:
Ohio.
State Tax: No.
EiXEMPTION
145
Real Estate: To value of $1,000.00
and must be occupied by head of
family, or $500.00 in personality
in lieu thereof.
Personal Property: Specified ar-
tides.
Wages: 3 months' wages where
debt is for necessaries, 10% of
personal earnings not exempt.
Oklahoma.
State Tax:
Real Estate: One acre in city or
town, 160 acres in country.
Personal Property: Specified ar-
tides.
Wages: 90 days' wages.
Oregon.
State Tax: Yes.
Real Estate: One city lot or 20
acres no matter what its value.
Personal Property: Specified ar-
tides.
Wages: 30 days' wages up to
$75.00.
Pennsylvania.
State Tax: No.
Real Estate: Realty or personalty
146 THE THEATRICAL COUNSELOR
to value of $300.00 and wearing
apparel.
Wages: All, except as against
judgment for wages and four
weeks board.
Rhode Island.
State Tax: No.
Real Estate:
Personal Property: Specified ar-
tides to value of $300.00.
Wages: Wages to $10, except for
necessaries.
South Carolina.
State Tax:
Real Estate: $1,000.00 in value.
Personal Property: To value of
$500.00.
Wages: 60 days' wages.
South Dakota.
State Tax: No.
Real Estate: In a town, 1 acre; in
country, 160 acres, but not ex-
ceeding $5,000.00 in value.
Personal Property: $750.00 on
debts contracted since 1890,
$300.00 to single persons.
Wages: 90 days' wages if neces-
sary to support of the family.
EXEMPTION
147
Tennessee.
State Tax:
Real Estate: To value of $1,000.00
Personal Property: Specified ar-
"Hplpca
Wages ' $ 30.00
Texas.
State Tax: No.
Real Estate: In country to
amount of 200 acres; city or
town to value of $5,000.00, with-
out reference to improvements
thereon, also the business home-
stead.
Personal Property: Specified ar-
tides.
Wages: All current wages.
Utah.
State Tax: No.
Real Estate: To value of $1,500.00;
$500.00 for wife and $250.00 for
each child.
Personal Property: No specified
amount exempt.
Wages: $30.00 a month for a mar-
ried man.
Vermont.
State Tax:
148 THE THEATRICAL COUNSELOR
Real Estate: To value of $500.00
Personal Property: Specified ar-
tides.
Wages: Wages to the amount of
$10.00 under certain circum-
stances.
Virginia,
Toy Vpo
Real Estate: To value of $2,000.00
Personal Property: Real or per-
sonal property or both to
$2,000.00, besides specified arti-
cles.
Wages: Not exceeding $50.00 per
month.
Washington.
State Tax: No.
Real Estate: To value of $1,000.00
Personal Property: Specified ar-
tides.
Wages: Wages to amount of
$100.00
West Virginia.
C-j-of-pi nPj-iy Vpc
Real Estate: To value of $1,000.00
Personal Property: To value of
$200.00.
EXEMPTION
149
Wages: All wages unless there is
more than $200.00 due to the
judgment debtor.
Wisconsin.
State Tax:
Real Estate: i Acre if in city or
town, 40 acres if in country.
Personal Property: Specified ar-
tides, and also household goods,
not exceeding $200.00 in value.
Also specified agricultural im-
plements not exceeding $200.00.
Wages: Wages for three months
not exceeding $60.00 per month.
Wyoming.
State Tax: No.
Real Estate: To value of $2,500.00
when occupied by debtor.
Personal Property: Specified ar-
tides, to value of household
goods to value of $500.00, imple-
ments of trade $300.00.
Wages: Wages not exceeding
$100.00 in value.
Chapter XXII
WILL
Where a person dies without leav-
ing a will, his estate descends accord-
ing to the statute of descent in the
states where it is situated, including
estate, which passes to his heirs as de-
termined by the law of the respective
states where it is situated, including,
wife, children or collateral and ances-
tral kindred. Claims of debts owing
from the estate are payable first.
The only legal way to execute a
will is by strict compliance with
all the statutory requirements of the
particular state of domicile, including
the declaring by the testator that it is
his will in the presence of two wit-
nesses, who affix their signatures as
such. Only old and experienced prac-
titioners should be consulted, as the
contingencies which may arise, as well
152 THE THEATRICAL COUNSELOR
as ambiguities, may otherwise defeat
the objects of the testator, which also
may be the result from lack of clear
legal phrasing.
Wills were almost unknown in Eng-
land as to land until the reign of Henry
VIII. At present any adult person of
sound and disposing mind and memory
may execute a will in writing, attested
by two witnesses. Under the rule
against perpetuities, the title to land
may not be tied up so as to pre-
vent alienation beyond a life in being
and twenty-one years thereafter, ex-
cept for charitable or educational pur-
poses.
Inheritance Tax: Both the federal
and state statutes require the payment
of inheritance taxes, the former where
the estate exceeds in value $50,000, and
the latter where the amount received
by direct heirs or others exceeds cer-
tain specified sums.
Chapter XXIII
HEALTH REGULATIONS
The administration of public
affairs relating to health is generally
in the hands of medical boards. The
original reason for requiring licenses
of vendors and peddlers of patent
medicines and those prescribing
deadly drugs and poisons for human
ailments was the same as for requir-
ing licenses for rum-sellers; because
their business involved a menace to the
community. This licensed class of
medicine men has gradually seized the
monopoly of trade in 'health', which in
fact, is not a thing that can be bartered
and sold and which no human being
can bestow. Nor has the science of
homeopaths and allopaths in some
drugs and poisons any reasonable con-
nection with hygiene, sanitation,
proper nursing and care of food for the
sick. Yet, the notion has been spread
154 THE THEATRICAL COUNSELOR
that homeopaths and allopaths in some
way have official authority, by reason
of their supposed, but questionable
sciences over the bodies, lives and
health of the people. The common law,
however, does, not recognize the medi-
cal profession as having such official
authority, except in so far as they
have succeeded in obtaining the
passing of measures granting them
unwarranted monopolies. In the eye
of the law, chiropractors, osteopaths,
masseurs, physical culture experts,
dieticians, and practitioneers of mental
therapeutics and other healing sys-
terns have an equal right to subserve
the health of the people, certain li-
censes for respective callings being re-
quired in several states. The highest
courts of New York have declared void
a statute whereby the medical associa-
tion sought to obtain a monopoly to the
exclusion of Christian Science healers.
The Illinois Supreme Court also re-
cently held the last medical act and the
requirement of four years study for
chiropractic unconstitutional.
Chapter XXIV
LABOR UNION
The right of individual liberty and
of freedom of contract of the citizen
may not be abrogated or arbitrarily
restricted by law or organizations. In
the proper exercise of police power,
authorities may regulate hours and
conditions of labor and enforce reason-
able regulations in the interest of pub-
lie health. The employment of minors
in certain occupations may be forbid-
den, including that of children on the
stage.
Likewise, the right of employees to
organize for the protection of their
mutual interests is recognized by law.
While an individual may work for
whom he pleases, and quit when he
pleases, when not violating contracts,
members of a labor union may by
agreement refuse to work with non-
156 THE THEATRICAL COUNSELOR
union labor, provided they do so for
their own interest and to strengthen
their solidarity, but not for the pri-
mary purpose of injuring others. (Cohn
& Co. v. Bricklayers' Union; 101 Atl.
659). The courts may enjoin a boycott.
A statute forbidding the discharge of
an employee for belonging to a union
has been held void, as denying the
protection to law.
In case of interference with a busi-
ness by strike to enforce the closed
shop, justification may be shown, either
in circumstances or in the motive or
both. (White Mountain Freezer Co. v.
Murphy; 78 N. H. 318). Where good
reasons exist for a strike, picketing is
not unlawful, unless unreasonable in
fact.
In the case of the Amalgamated
Clothes Workers of America, the court
recognized their right to organize,
quit work, invade the ranks of the em-
ployees in order to secure members to
strike to enforce their rights, to issue
truthful circulars and to solicit funds,
provided there was no fraud nor inti-
midation, nor threats of violence or co-
LABOR UNION
157
ercion or other unlawful methods,
employed. (Michels v. Hulman; 193 N.
Y. S. 95). Workman have also the
further right to refuse to work with
non-union men or non-union material;
but not to coerce dealers and users.
(Michaels v. Hulman; 183 N. Y. S. 195).
Chapter XXV
GRIME
Each state has its own statutory
penal code, enumerating such wrongs
or offenses as shall be deemed of suffi-
cient gravity, when committed within
its own boundaries, and so injurious to
the public safety and order to warrant
proceedings in its own name against
the offender for the purposes of pun-
ishment, correction and prevention.
Criminal procedure is, however,
governed largely by the unwritten
common law. Among these principles
that an overt act must be proved; a
crime must be proved beyond a reason-
able doubt; no person shall be com-
pelled to testify against himself; the
accused is entitled to advice of coun-
sel and to be confronted by witnesses
against him; he should not be placed in
jeopardy twice for the same offense,
and, he is entitled to a trial by jury in
160 THE THEATRICAL COUNSELOR
the county where the offense is charged
to have been committed.
An accessory before the fact is one
who abets or commands another to
commit a crime, but is himself absent
at the time. All present are regarded
as principals. One engaged in a crim-
inal act is held answerable for what
other crimes may be committed in car-
rying out the original offense.
A confession can be introduced in
evidence only when obtained without
threats or compulsion. A person ac-
cused of an offense has the constitu-
tional right to refuse making any
statement at any time and may decline
to take the stand at the trial.
Chapter XXVI
ARREST
An officer of the law or a private
person may make an arrest for a mis-
demeanor or a felony committed in his
presence without warrant; also where
there is reasonable ground for suspi-
cion that a felony has been committed;
but in the latter case, the private party
must show such reasonable grounds
and that in fact a felony had been com-
mitted. A private person may in some
cases make an arrest to prevent the
commission of felony or a breach of the
peace.
Chapter XXVII
SELF DEFENSE
A person has the right to defend
himself and his property, as well as
members of his family, by force, using
such degree thereof as is necessary to
protect against the aggresssor.
Where one in good faith believes
himself or his wife or children in dan-
ger of bodily harm, in the exercise of
reasonable judgment, he may resort to
such degree of force as is reasonably
necessary for protection. This is also
true where deprivation of property is
threatened.
Chapter XXVIII
HOME
Since ancient times in England,
a man's house is his castle. The storm
and rain may enter his thatched roof,
but the king or government cannot
without lawful warrant.
The citizen's home may not be in-
vaded by either private persons or
officers of the law in service of civil
process, while it is occupied as a
dwelling house. It may be broken into
to make an arrest for treason, felony or
breach of peace or on a warrant, duly
issued and specifying the place to be
searched. Once the officer has law-
fully entered the outer door, he may
break inner doors and serve civil pro-
cess.
Chapter XXIX
CIVIL RIGHTS ACTS
Under the thirteenth amendment
to the Federal Constitution, which
abolished slavery, the fourteenth
amendment, providing for equal civil
rights, and the fifteenth amendment,
prohibiting discrimination on account
of race in the exercise of the franchise,
statutes have been enacted in various
states, known as 'civil rights acts',
whereby all persons, regardless of col-
or or race, are sought to be insured
equal privileges in certain public en-
terprizes, including places of amuse-
ment.
Such legislation aims only at dis-
crimination on account of race and
does not ordinarily penalize rules
whereby a tendency would be to pro-
duce such result. The penalty for
failure to observe such legislation is
168 THE THEATRICAL COUNSELOR
ordinarily a fine of some fixed amount,
which is made recoverable at law for
each instance proved.
Civil rights statutes are in force
in the following states: New York,
Pennsylvania, Massachusetts, New
Jersey, Rhode Island, Ohio, Illinois,
Indiana, Wisconsin, Michigan, Minne-
sota, Iowa, Mississippi, North Carolina,
Florida, Tennessee, Arkansas, Kansas,
Nebraska, Nevada, Colorado, and Cal-
ifornia.
School boards have been held un-
der these acts to have the power to
establish separate schools for different
races. It has also been held in some
states that reserving certain sections
of a theatre for white persons is not
improper, where equally advantage-
ous seats are to be had by others, is not
warrant for recovering the sum pre-
scribed as penalty.
Chapter XXX
THE FEDERAL INCOME TAX
As Amended in 1921
Return of Net Income—Persons
Required to File: Every citizen of the
United States, residing at home or
abroad (and every alien residing in
the United States or deriving income
therefrom), whose net income for the
past taxable year, whether derived
from this or other countries, amounts
to One Thousand Dollars, if single, or
not living with husband or wife, or
Two Thousand Five Hundred Dollars,
if married and living with husband or
wife, or the head of a family, is re-
quired by the Act of Congress of 1918,
as amended in 1921, to file with the In-
ternal Revenue Collector for his Dis-
trict income tax return on or before
the 15th day of March.
170 THE THEATRICAL COUNSELOR
Income Tax Rates: Individual
incomes are subject to two forms of
income tax—the normal tax and the
surtax. The tax of 4 per cent on all net
incomes up to $4,000, and of 8 per cent
on all net incomes of more than $4,000,
is the normal tax. An additional tax
ranging from 1 per cent to 50 per cent,
according to the amount of the net
income, and imposed in addition to the
normal tax on all net incomes of more
than $6,000, is the surtax.
Those Subject to Income Tax: All
persons, single and without depend-
ents or not living with wife or hus-
band, whose net income is $2,000 or
more; all persons living with wife or
husband whose joint net income is
$2,000 or more; and all persons whose
gross income is $5,000.00 or more, must
file an income tax return. When both
husband and wife have incomes, and
the total of both is $2,000 or more net,
or $5,000 or more gross, each must
make a separate return unless both in-
comes are included in a single return.
Head of a Family: Any person
who supports one or more dependents,
THE FEDERAL INCOME TAX 171
who are related to him by blood, mar-
riage or adoption, and who is legally or
morally obligated to give such sup-
port, is under this law the head of the
family. Temporary absence, as of a
child at school or a parent on business
or a visit, does not invalidate this
claim. But an alien whose family is
abroad may not claim such exemption
as head of a family.
A son or daughter supporting a
mother, though that mother live at an-
other place on account of expenses,
may claim exemption as head of a fam-
ily. Such son or daughter may claim
additional $400 exemption if the moth-
er be physically or mentally incapable
of supporting herself.
Exemptions: Some forms of in-
come are not subject to income tax.
These are set forth in Section 213 (b)
of the law.
Personal Exemptions: Any person
not living with husband or wife is al-
lowed an exemption of $1,000.
Any head of a family, or person liv-
ing with husband or wife, is allowed
an exemption of $2,500 on a net income
172 THE THEATRICAL COIJiNlSELOR
of $5,000 or less, or of $2,000 on a net
income of more than $5,000. The
exemption of $2,500 or $2,000, as the
case may be, may be claimed by either
husband or wife, or it may be divided
between them; but their aggregate
exemption must not exceed the $2,500
or the $2,000 to which either alone
would be entitled.
Also the head of a family is
entitled to an additional exemption of
$400 for each person whom he sup-
ports. Only, such supported person
must not be the wife or husband, and
must either be under 18 years of age,
or mentally or physically unable to
earn his own living.
Dec. 31 the Final Date: The stand-
ing of a taxpayer before the law is
fixed on Dec. 31 for the tax year. The
number of dependents, his status as
married or single, are determined as of
that date.
Filing Returns: The collector of
internal revenue for each district fur-
nishes blanks on which returns must be
made out, and these returns must be
THE FEDERAL INICOMIE TAX 173
filed with him on or before March 15
next after the end of the tax year.
Deficit Is No Excuse: Even though
a person sustains business losses and
expenses which show a deficit for the
tax year, if his gross income has been
more than $5,000 he must file a return.
Alimony Not Taxed: No income
tax is levied against any sum received
as alimony, nor any sum received by
reason of an agreement by husband
and wife to separate. But neither may
such alimony or allowance be deducted
from the husband's taxable income.
When interest coupons on a bond
fall due they are taxable as of that
year, whether or not they are clipped
and collected.
Wages or salaries paid employees
of state, city or county or other politi-
cal division of a state, are not subject to
income tax. Jurors' fees, receivers'
fees and commissions of notaries pub-
lie are not subject to income tax.
Separate Returns for Wife: Hus-
band and wife may find it advisable to
make separate returns when both have
174 THE THEATRICAL COUNSELOR
incomes and the aggregate is over
$6,000.
While the $2,000 or $2,500 exemp-
tion allowed husband and wife living
together may be divided as they
choose, the $400 exemption allowed for
a dependent may not be so divided. It
must be claimed by the one giving
principal support to the dependent.
Though his exemptions may be so
heavy that he does not need to pay an
income tax, if his gross income is $2,000
or more the law requires him to file a
return.
Gross Income Defined: Gross in-
come consists of all income received in
the year, whether in cash or kind,
whether as interest, rent, royalties,
sale of property, commissions, fees, sal-
ary or wages.
Net Income Defined: Net income
is the remainder of the gross income
when all allowable deductions have
been taken off.
Allowable Deductions: To arrive
at the net income, these items are to be
deducted from the gross income: Bad
THE FEDERAL INCOME TAiX 175
debts, business losses, necessary busi-
ness expenses, insurance premiums
and interest. Except, that interest on
property used in the business and
money borrowed to buy or carry
tax-free securities may not be de-
ducted. State income taxes may be de-
ducted from the gross income.
Professional Exemptions: Cer-
tain expenses which are not deductible
in the case of the ordinary taxpayer
are to be deducted in the case of cer-
tain professions. In the case of actors
and other artists who are traveling,
these exemptions include hotel bills;
traveling expenses such as railroad
fares, and tips; transfer of baggage
and scenery, and of all such expenses
as are actually part of the expenses of
a professional tour, the theory being
the same as the allowance of traveling
expenses to commercial travelers. But
when the actor, artist or other profes-
sional man or woman is not on a profes-
sional tour, such expenses are not de-
ductible.
Corporation Paid Taxes: In the
case of income from tax-free corpora-
176 THE THEATRICAL COUNSELOR
tion bonds where the corporation pays
the government tax before the inter-
est is distributed to bond holders, such
corporation-paid tax may be deducted
from the taxable income of the bond
holder receiving such interest.
Exchange Not a Sale: It has been
held that when property held as an
investment is exchanged for other
similar property, the exchange rep-
resents an increase in value, and
even though part of the payment is
received in cash, such transaction does
not constitute a sale in the eyes of the
law, and such increase in value, or such
cash receipt, need not be listed as
income. But when the property thus
received in exchange is finally sold, the
total gain—or loss—on the entire tran-
saction must appear on the income tax
return. However, if the property—
whether stocks, bonds, real estate or
other—be traded for some other kind
of property, the transaction consti-
tutes a sale in the eyes of the law, and
profit or loss must be shown in the
income tax return. Neither is it con-
sidered a sale when two or more cor-
THE FEDERAL INCOME TAX 177
porations merge, and issue new shares
of stock in place of those called in—
not even tho the new stock is more
valuable than the old. But when such
new stock is sold, the profit or loss must
be reported in the next income tax
return.
Valuation of Property: In fixing
the value of property for income tax
purposes the cost of the property is
taken as the basis if it has been
acquired since March 1,1913; or its fair
valuation on March 1,1913, if acquired
before that time. In all cases the sale
of property, the gain or loss in the
transaction must be based on one or the
other of these two data. Thus, a man
owning a farm worth $25,000 on March
1,1913, and selling such farm for $40,-
000 the current year, would have to
report for taxation an income of $15,-
000. But if he sells the farm for $23,-
000, he sustained a loss of $2,000, and
may deduct that from his taxable
income.
Property Received As a Gift:
When property has been acquired
without cost as by a gift or by inheri-
178 THE THEATRICAL COHKfSELOR
tance, the full selling price is not taken
as profit in the transaction and so sub-
ject to income tax. Instead, the price
paid by the donor, or if received by him
as a gift, the price paid by the last per-
son who actually bought it, is taken as
the cost price, and the taxable income
will be the difference between such
cost price and the selling price.
Selling and Rebuying: The loss
incurred by selling property for less
than it cost is deductible from taxable
income. But if the same, or substanti-
ally the same, property is rebought
within 30 days after the sale, the loss
is not deductible unless the buying and
selling of such property is part of the
ordinary trade or business of the per-
son.
Tax on Insurance Dividends: Div-
idends on paid-up insurance polices are
considered incomes, and are taxable
just as are other dividends. But divi-
dends on policies which have not
matured, even though such dividends
are drawn in cash, are not taxed. The
taxpayer may choose either of two
methods of arriving at his taxable
THE FEDEKAL INCOME TAX 179
income from a collected endowment
policy. One is to take the total sum
received, and the dividends, less the
total premiums paid. The other is the
difference between the sum of the total
sum received and the dividends, and
the cash surrender value as of March
1, 1913, plus the premiums paid.
Taxes on Liberty Bonds: All lib-
erty bond interest is entirely exempt
from normal income tax. There is also
an exemption from individual surtaxes
for the interest on Liberty 3 1-2 and
Victory 3 3-4 bonds. In addition, there
is exemption in certain specified
amounts and for certain specified per-
iods for the interest on War Saving
Certificates, Certificates of Indebted-
ness, Treasury Bonds of 1947-52, and
Liberty Bonds of 4 and 4 1-2 of the sec-
ond, third and fourth loans.
Uncollectable Debts: The income
tax law does not require that one bring
a suit at law to prove that a debt is
uncollectable before it may be charged
off and deducted from the tax return.
When the circumstances seem to war-
rant the belief that the debt cannot be
180 THE THEATRICAL COUNSELOR
collected, it may be written off without
further formality.
Traveling Expenses: Expenses
incurred while traveling in the pursu-
ance of one's regular trade or profes-
sion may be deducted from taxable
income as business expenses. This
includes railroad fare, meals and lodg-
ing and whatever else may properly
come under the head of expenditure in
the course of business. This extends
even to the expense and depreciation of
an automobile when used in the oper-
ation of the car for business. But car-
fare to and from one's place of busi-
ness, meals taken down town, and sim-
ilar items, may not be deducted, for
they come under the head of personal
expenses.
Personal Expenses not Allowed:
No deduction may be made for
such items as the maintenance of an
automobile for family use; schooling;
food; clothing; servants' wages; rent;
carfare, or other matters of a personal
nature. Neither may anything be
deducted for books, tools, implements,
improvement of lawns or buildings, or
THE FEDERAL INCOME TAX 181
anything having a permanent value.
These are regarded as mere changes in
the form of property, and not as
requiring a capital asset and as being
in the nature of a business transaction.
Whether a car is used for business
or pleasure, or both, the automobile
registration fee and the chauffeur's li-
cense are deductible.
Carrying Over a Loss: In case the
business for a year shows a net loss, the
excess loss may be deducted from the
taxable profits of the next year. And
if in that following year he suffers a
net loss he may carry that difference to
the next year.
Inventories: A taxpayer may
arrange his inventory in either of two
ways, but once he fixes on one method
he may not change to the other with-
out permission of the commissioner of
internal revenue. He may base his
valuation on the cost of his property;
or he may take as his basis whichever
is the lower, cost or market price. But
in either case his inventory must con-
form to the best practices in that line
of endeavor, and it must clearly show
182 THE THEATRICAL COUNSELOR
the income. The inventory must
include fcpth supplies and raw mater-
ials as well as finished or partly fin-
ished products. It includes also goods
shipped but not yet received, goods
sold but not yet delivered, and goods
sent out on consignment but not yet
sold. In short, all goods to which the
person holds title are to be included;
goods to which title has not yet been
acquired, or to which title has passed
to another, are not included in the
inventory.
Cost Defined: In fixing upon a val-
uation of goods for inventory purposes,
the cost price is the basis. In the case
of goods bought in the current year,
the value is found by deducting trade
discounts—and others if any—from
the invoice price. In the case of goods
carried over from the preceding tax
year the inventory price is taken. In
the case of goods manufactured, or
otherwise produced, in the current
year, the value is fixed by a considera-
tion of cost of raw material, of labor
and of management expenses or a fair
portion of such expenses. But neither
THE FEDRAL INCOME TAX 183
a return on capital invested, nor the
cost of selling*, may enter into the val-
uation for income tax purposes.
Cost or Market Value: The tax-
payer is allowed the choice of fixing the
taxable value of his property at the
market value, or at the cost price, tak-
ing each item separately. Thus, in
making up his inventory, if he hnd that
certain steel supplies on hand have de-
creased in value, he may list them at
present market value. On the other
hand, if he find that certain timber
supplies have increased in value, he
may list them at their cost when pur-
chased.
Depreciation Basis: In fixing the
amount of depreciation for income tax
purposes, the basis is the cost of the
property—or its value as of March 1,
1913, if acquired before that date. To
this value is added the cost of what-
ever additions and improvements may
have been made since acquiring title—
or since March 1,1913.
Non-Residents: One who does not
reside in the United States, and is not
a citizen of the United States, is termed
184 THE THEATRICAL COUNISELOR
a non-resident alien. A corporation or
partnership organized in some country
other than the United States, and hav-
ing no office or place of business here,
and not engaged in business here, is a
non-resident foreign corporation or
partnership. Members of a foreign
partnership are individually subject
to tax on the profits of their concern,
but the partnership as an entity is not
taxable. Non-resident aliens, whether
individuals, partnerships or corpora-
tions, must file income tax returns with
the collector of internal revenue at
Baltimore, Md., on June 15 of each year.
But if the return is based on a fiscal
year it must be filed on the fifteenth of
the sixth month after the end of such
fiscal year.
Taxable Income of Non-Residents:
The income of non residents fall-
ing under the following heads is sub-
ject to income tax:
Salary or wages paid for services
rendered in this country. Rents and
royalties from property in the United
States. Profit from the sale of real
estate in this country. Dividends
THE FEDERAL INlCOME TAX 185
from domestic corporations. Divi-
dends from a foreign corporation if
more than half the gross income of such
foreign corporation for the three years
last past came from the United States.
Interest on moneys, bonds and other
obligations of persons and corpora-
tions in this country. But interest on
bank balances here are not subject to
income tax unless the alien is carrying
on a business here. And no income tax
may be levied on the interest on U. S.
bonds or other certificates of indebted-
ness unless the alien is engaged in busi-
ness here.
Deductions Allowed Aliens: De-
ductions are allowed on the taxable
income of aliens or expenses, losses,
and any other item based on income
from the United States. Also, in case
the alien's gross income is derived in
part only from the United States,
deduction is allowed on the proportion-
ate part of the income from this coun-
try.
Each non-resident alien is allowed
$1,000 income exempt from income
tax; also his dividends from domestic
186 THE THEATRICAL COUNSELOR
corporations, with some exceptions,
and dividends from foreign corpora-
tions in cases where more than half the
income of such corporation for the
three years last past came from the
United States.
Similar exemptions are allowed
the foreign corporation, except that no
$1,000 personal exemption is granted.
And in all cases the return must show
in detail the total income from all
sources in this country.
Tax Withheld at Source: The
income tax law, in sections 221 and 237,
provides for the payment of certain
taxes of aliens at "the source of reve-
nue instead of taxing each individual
as he receives the income. The inter-
est on "tax-free covenant bonds is
taxed at the rate of 2 per cent, and this
tax is withheld at the source. Other
incomes such as salary, wages, inter-
est, rents, etc., are taxed at the rate of
8 per cent in the case of individuals
and partnerships, and 12 1-2 per cent
in the case of corporations, and such
taxes are withheld at the source.
Incomes of Estates: An income
THE FEDERAL INCOME TAX 187
tax return must be made for each
estate or individual for which property
is held in trust by a fiduciary. The
requirements as to amount of income,
marital state, and net and gross
income, is the same as with individuals.
And regardless of these, if any bene-
ficiary of the estate or trust is an alien,
a return must be filed. The amount of
income tax of an estate or trust is
arrived at in the same way as the tax
of an individual. But instead of the 15
per cent deduction allowed the indivi-
dual for charitable contributions, the
estate is allowed a deduction for any
part of the income paid or set aside for
the U. S. government or any state, or
for religious or scientific or educa-
tional purposes.
Forms and Schedules: Form 1040
is required to be filled in where the net
income of the taxpayer, or the com-
bined income of husband and wife, ex-
ceeds Five Thousand Dollars. Where
the net income subject to normal tax
does not exceed Four Thousand Dollars
(beside exemption of at least One
Thousand Dollars) Form 1040 (re-
188 THE THEATRICAL COUNSELOR
vised), being the shorter return, is
used.
Schedule A on the form is for in-
come from business wherein expenses
for rent, labor, etc., are incurred.
Schedule B is for income from sal-
aries, wages, commissions, etc.
Schedule C shows income from
partnerships and personal service cor-
poration (as engineering and broker-
age companies).
Schedule D covers profits from
sales of lands, stocks, dividends, etc.
Schedule E includes income from
rents and royalties.
Schedule G covers incomes, inter-
est on bank deposits, etc.
Tax—Classes and Amounts: The
normal tax is levied on net income, as
determined by deducting from gross
income such credits and exemptions as
are allowed by law. The normal tax
levied is Four per cent on the first Four
Thousand Dollars and Eight per cent
on the excess.
Gross Income: This includes all
gains and profits received during the
taxabie year, including profits from
THE FEDERAL INCOME TAX 189
the sale of any assets, but excluding
the mere return of capital or principal
of investments. Under the require-
ments of the Bureau of Internal Reve-
nue, the system of computation or ac-
counting should clearly reflect income.
Either of two systems may be
used in the case of the sale of goods:
The accrual system, showing the value
of the stock inventory and the amount
of cash on hand and obligations at the
beginning of the year and the corres-
ponding figures at the end of the year,
together with the amount of profits re-
ceived and accumulated by the tax-
payer from his business; and the sim-
pier system, based upon the amount of
cash or other income actually derived
and received during the year from the
total amount of sales. Where a change
in accounting systems of a business is
made from the purchase and sale to
the accrual method, notice of such
change should be given to the commis-
sioner of Internal Revenue and his con-
sent obtained.
Gross income includes all receipts
in the various schedules mentioned—
190 THE THEATRICAL COUNSELOR
gains and profits from the sale of goods
or any property, income from the em-
ployment of capital or labor or both,
salaries, wages, and compensation for
personal or professional services, in-
terest, rents, dividends, commissions,
tips, and all gains in cash or property,
such as promissory notes, which are
to be listed at their fair discount value,
living quarters furnished as a part of
compensation, etc.
Gross income does not include
gifts, nor property acquired by inheri-
tance under laws of descent, nor by de-
vise or bequest under will; (except
that profits of the donor thereon are
taxable) nor proceeds of life insurance
upon the death of the insured, nor the
return of premiums paid; nor money
received as health or accident insur-
ance or under workmen's compensa-
tion acts; nor interest received on the
bonds or other obligations of a State or
its sub-divisions; nor salaries or com-
pensation paid officers or employees of
a state or its sub-divisions, such as
school-boards, counties or cities; nor
compensation for active service in the
THE FEDERAL INCOME TAX 191
military or naval forces of the United
States up to $3,500.00
Deductions From Gross Income:
Costs of goods sold; selling and man-
agement expense; material, labor and
supplies; compensation paid to em-
ployees; rentals; insurance; advertis-
ing; taxes; interest; depreciation and
losses from rebates; bad debts and
inventories.
A professional man may deduct
the cost of supplies used in his profes-
sion; office expenses, such as rent, tele-
phone and hire; expenditures incurred
in his work, such as operation and re-
pairs of an automobile used in his busi-
ness. The cost of equipment of a perm-
anent nature is not deductible. Shrink-
age in value is deducted when the arti-
cle is sold (except ordinary deprecia-
tion. Charitable contributions may also
be deducted, the names of donees being
stated.
Items Not Deductible: Personal
living or family expenses; amounts
paid for new buildings; permanent im-
provements or articles of intrinsic val-
192 THE THEATRICAL COUNSELOR
ue; cost of restoring or increasing val-
ues; insurance paid on dwelling owned
and occupied by taxpayer; premiums
on life insurance; amount paid for ali-
mony, etc.
Relative to traveling expenses,
while in business, under Article 292 of
Regulations No. 45, the tax-payer is en-
titled to deduct the amount of his rea-
sonable and necessary expenses in ex-
cess of such expenditures as are ordi-
narily required when at home, such
difference being shown to be a neces-
sary business expense above the per-
sonal expenses. Where the traveler re-
ceives a salary as full compensation,
without reimbursement for traveling
expenses, the amount of such excess is
deductable. Where actual traveling
expenses are paid by an employer, the
tax-payer will include thereof an
amount equal to ordinary expendi-
tures required for meals and lodging
when at home as part of his gross in-
come, this being regarded as addition-
al compensation. In case of 'per diem
allowance' in lieu of subsistence, the
excess of the actual cost of meals and
THE FEDERAL INCOME TAX 193
lodging while traveling over the ordi-
nary cost when at home is to be enter-
ed as deduction from the gross income.
If the allowance exceeds such total ac-
tual cost en route, the difference is
taxable income.
In order to claim the benefit of
these traveler's deductions, a state-
ment is required under Article 292, to
be attached showing; (1) the nature of
the business; (2) the number of days
away during the year on account of the
business; (3) the number of members
in taxpayer's family dependent upon
him for support; (4) average monthly
expenses incident to meals and lodging
for entire family, including tax-payer
himself when at home; (5) average
monthly expense incident to meals and
lodging when at home if tax-payer has
no family; (6) total amount of ex-
penses incident to meals and lodging
while absent from home on business;
(7) total amount of expenditures inci-
dent to meals and lodging while trav-
eling on business and claimed as de-
duction; (8) total amount of other ex-
penses incident to travel and claimed
194 THE THEATRICAL COUNSELOR
as a deduction. Detailed records of
expenditures incurred may be re-
quired.
Credits for Personal Exemption
and Dependents: A single person, or
one living apart from husband or wife,
is entitled to an exemption of One
Thousand Dollars; a married person,
living with husband or wife, may claim
exemption of Two Thousand, Five Hun-
dred Dollars, but one exemption being
allowed against their joint aggregate
income, and it may be claimed by eith-
er or divided between them. This joint
exemption replaces the individual ex-
emption only where a joint home is
maintained, and is not affected by oc-
casional, temporary or unavoidable ab-
sences so long as either does not volun-
tarily and continuously make his or
her home elsewhere.
The exemption of Twenty Five
Hundred Dollars may also be claimed
by a man or a woman who is the head
of a family actually maintaining and
supporting in one household one or
more individuals closely connected
with him or her by blood or other re-
THE FEDERAL INOO* TAX
195
lationship, marriage or adoption, or
where the right to exercise family con-
trol and duty to provide are based on
some legal or moral obligation. The
right to the double exemption is not
affected by the absence of the father
on business, or his being forced to
maintain his child at a boarding-house
or with relations, nor by such child be-
ing kept away at school.
Thus, a widower who supports a
child over eighteen away at school, or
his dependent mother, whom he is un-
able to maintain where he is employed,
is the head of a family and may claim
an exemption of Two Thousand, Five
Hundred Dollars.
A single person, who is not the
head of a family, may claim, in addi-
tion to his exemption on One Thousand
Dollars, a further exemption of Four
Hundred Dollars for each such depend-
ent person under eighteen years of age
or so defective to be dependent, receiv-
ing his or her chief support from him
or her.
The time for determining the stat-
us of tax-payer as to whether he is sin-
196 THE THEATRICAL CGTJfNISELOR
gle or married, or the head of a family
or providing the chief support for de-
pendents, is fixed by law on the last
day of the taxable year, ordinarily De-
cember 31st.
Aliens: Every resident alien is li-
able to tax, even though his income is
wholly from sources without the Unit-
ed States. Every non-resident alien is
liable on income from sources within
the United States, the normal tax in
his case being computed at eight per
cent on his net income here. Personal
exemption is allowed resident aliens
but not non-resident aliens in Great
Britain, Ireland, Sweden, The Nether-
lands, Australia, Japan and New
Zealand.
Every person in the United States
and subject to the jurisdiction thereof
is a citizen. A naturalized citizen who
has left the United States and resided
two years in the foreign country
whence he came, or five years in any
other country, is presumed to have
ceased to be an American Citizen.
Declaration of intention to become
a citizen, made after two years' resi-
THE FEDERAL INCOME TAX 197
4
dence here, must be followed by final
naturalization papers, after residing
here five years and furnishing proof of
good moral character, before full citi-
zenship is attained. The Bureau of Na-
turalization of The Department of La-
bor has jurisdiction over such proceed-
ings, which are instituted before the
clerks of the circuit courts of the re-
spective counties.
Affidavit: The return is required
to be sworn to or affirmed by the tax-
payer on the blank provided before an
officer authorized to administer oaths,
such as a notary public. The return
and such affidavit may be made by an
agent where the tax-payer himself is
unable to prepare the document by rea-
son of absence or illness.
When the Return and Payments
are due: The return is required to be
received by the Collector of Internal
Revenue for the particular district of
the tax-payer's legal residence or prin-
cipal place of business on or before the
15th d ay of March. It is sufficient that
the post marks show it to have been
mailed in ample time to arrive. Before
198 THE THEATRICAL COUNSELOR
such date, the Collector may grant an
extension of thirty days by reason of
sickness or absence, etc. He adminis-
ters the law under the direction of the
Commissioner of Internal Revenue at
Washington, who is under the jurisdic-
tion of the Treasury Department. Per-
sons having no domicile here may file
return with the Collector at Baltimore,
Maryland.
Partnerships: The individual
members of a partnership are subject
to tax on their respective portions of
the profits of the firm as constituting
part of their individual net income.
The co-partnership is, however, re-
quired to file a return showing gross
and net incomes and the respective
distributive shares of the members,
and also a list of payments of One
Thousand Dollars or more to employees
or to others as income.
Surtax: The surtax is one percent
on the amount by which the net income
exceeds Five Thousand Dollars and
does not exceed Six Thousand Dollars;
Two percent on the amount by which
the net income exceeds Six Thousand
THE FEDERAL INCOME TAX 199
Dollars and does not exceed Eight
Thousand Dollars; Three percent on
the amount by which the net income
exceeds Eight Thousand Dollars and
does not exceed Ten Thousand Dol-
lars; and thus continuing in a rising
scale of an additional One percent for
every Two Thousand Dollars of in
crease until Thirty-two Thousand Dol-
lars is reached.
In computing the normal tax, the
amount of the personal exemption is
first to be deducted before the tax on
the first Four Thousand Dollars is im-
posed. In calculating the amount of
the surtax, such personal exemption is
not to be considered in deducting the
first Five Thousand Dollars.
To illustrate: If the net income of
the husband is Eight Thousand Dollars,
and that of his wife is Two Thousand
Dollars, he may claim the exemption
for both of Two Thousand Dollars, and
of his remaining net income, Four
Thousand Dollars is subject to normal
tax on Four percent ($160.00) and Two
Thousand Dollars is subject to normal
tax of Eight percent ($160.00); then,
200 THE THEATRICAL COUNSELOR
for surtax, after deducting Five Thous-
and Dollars, One percent is due on One
Thousand Dollars ($10.00) and Two
percent on Two Thousand Dollars
($40.00); making his total tax Three
Hundred Seventy Dollars. His wife
pays only normal tax, her net income
being less than Five Thousand Dollars,
but the exemption of Two Thousand
Dollars has been credited to her hus-
band, and she will pay Four percent of
the first Four Thousand or part there-
of her net income, which in this in-
stance is Two Thousand Dollars
($80.00); the aggregate family tax on
such joint income of Ten Thousand Dol-
lars thus being Four Hundred Fifty
Dollars.
The husband or head of family
shall include in his return income de-
rived from services rendered by his
wife if she does not render a separate
return. The respective amounts of in-
come of wife or dependents should be
shown on separate lines in blanks pro-
vided therefor, stating the nature of
the occupation and the name and ad-
dress of the employer.
THE FEDERAL INCOME TAX 201
Corporations: Corporations and
similar organizations are subject to a
tax of Ten percent on net income, if
amounting to Three Thousand Dollars,
after allowing a credit of Two Thous-
and Dollars. A church corporation op-
erating a farm or manufacturaing ar-
tides for profit is not exempt from tax,
although no financial benefit is derived
by members.
Since the corporation itself pays
the tax on its net earnings, such net in-
come received by the individual share-
holder is a credit which he may deduct
from his gross income for determining
the amount of his net income for his
normal tax only, but not for his surtax.
Stock dividends are non-taxable.
United States Bonds: Under Sec-
tion 213 (4) and 216 of the Revenue Act
of 1918, credit may be claimed for in-
terest on certain Government Bonds, as
a deduction from gross income, for the
purpose of arriving at the amount of
net income subject to normal tax, ac-
cording to the several Acts authoriz-
ing such respective issues. Such de-
duction may not, however, be claimed
202 THE THEATRICAL COUNSELOR
in computing the net income subject to
surtax.
Neither such interest on bonds, nor
dividends nor personal exemptions are
considered as credits on the net in-
come subject to surtax.
Penalties: Failure to file return in
due time, unless reasonable cause for
default be shown, renders the party
subject to a fine not exceeding One
Thousand Dollars and Twenty-five per-
cent of the amount of tax due. It is not
an excuse that a blank form has not
been received from any official.
The penalty for making a false or
fradulent return is not exceeding Ten
Thousand Dollars, or not exceeding
one year's imprisonment, or both, and
fifty percent of tax evaded.
An under-statement made through
negligence, without intent to defraud,
is penalized by Five percent of the tax
evaded, plus interest at One percent
per month while unpaid.
Such penalty of Five percent, with
like interest, is also imposed for fail-
ure to pay tax when due through negli-
gence.
THE FEDERAL INCOME TAX 203
Where discrepancies are discover-
ed by investigators of the Bureau or
otherwise, the Collector or Commision-
er may increase the amount of income,
their actions being subject to review
by the courts of the United States, as
are also their interpretations of the
law.
Authority for Laws The authority
of Congress to enact this legislation is
by virute of the Sixteenth Amendment
to the Federal Constitution, conferring
power "to lay and collect taxes on in-
comes from whatever source derived
without apportionment. Under such
limited powers, the National Assembly
can not tax property itself as such, as
a State or County can, nor a gift of
even millions of dollars. The donor is,
however, subject to tax on any profits
which he has made on the subject of the
gift.
Payments: The total amount of
tax may be enclosed or delivered with
the return in the form of a check,
which need not be certified. Only one-
fourth of the amount of the tax, how-
ever, is due on March 15th, the other
204 THE THEATRICAL COUNSELOR
three equal installments being* re-
quired to be in the office of the Collec-
tor at intervals of three months there-
after, viz: June 15, September 15 and
December 15.
Depreciation: The following per-
centages are merely suggestive of the
ordinary amount of depreciation: on
frame buildings, 4 percent; on brick
buildings, 2 percent; concrete and
stone buildings, 1 to 2 percent; auto-
mobiles, trucks and tractors, 10 to 25
percent; heavy machinery, 5 to 10 per-
cent; light machinery, 20 percent; of-
fice furniture, 15 percent; professional
books, 10 to 30 percent, according to
rapidity of obsolescence from new edi-
tions.
Chapter XXXI
AMUSEMENT TAX
General Provisions: A Federal
tax is imposed of one cent for each
ten cents or fraction thereof paid for
admission to any place, except caba-
rets. In roof gardens, cabarets and
places of similar entertainment, where
the charge for admission is wholly or in
part included in the price paid for re-
freshments, the amount to be deemed
as paid for admission is twenty per-
cent of the amount paid for refresh-
ments, service and merchandise; and
the tax is one and one-half percent of
each ten cents or fraction thereof paid
for admission thereto. Charity per-
formances are exempt.
Upon tickets to theatres, sold at
news stands and other places other
than the ticket office at not to exceed
fifty cents in excess of the established
206 THE THEATRICAL COUNSELOR
price plus amusement tax, five percent
of such excess; if sold for more than
fifty cents in such excess, fifty per-
cent of such excess.
The price of each ticket must be
conspicuously and indelibly printed on
each ticket, and if sold elsewhere than
at the ticket office, the name of the
vendor.
STAMP TAX
Promissory Notes: Among the
numerous classes of documents requir-
ing a stamp tax may be mentioned
deeds, bonds, powers of attorney and
promissory notes. Inquire at a bank.
Chapter XXXII
LAW
Law is a rule of civil conduct, com-
manding what is right and prohibiting
what is wrong, prescribed by the su-
preme power of the state. This is the
definition of Sir William Blackstone,
the renowned author of the masterly
Commentaries, which were lectures de-
livered by him at the University of Ox-
ford and were published in 1769.
The law is a system of rules made
by men in accord with generally pre-
vailing customs and accepted opinions
as to what is necessary to preserve or-
der in society and to secure rights as
far as possible by coercive means of
public enforcement.
As pointed out by Jeremy Ben-
tham, there is no vital relation between
law and abstract idea of justice and
ethics, as it is but an imperfect, man-
made system, which is largely depend-
208 THE THEATRICAL COUNSELOR
ent on coercive force of the paramount
social authority. It is limited entirely
to physical and material means in reg-
ulating public affairs and as far as pos-
sible preventing wrongs and redress-
ing for injuries. It can not effectual-
ly undertake to prescribe or regulate
human conduct except in so far as it is
supported by the great majority and
has the material means and agencies at
hand to enforce mandates. Thus
there are numerous human errors,
wrongs and annoyances which it is im-
practicable and inexpedient for the
law to attempt to correct.
Since the law conclusively pre-
sumes that everyone knows the law,
and ignorance of the law is never rec-
ognized as an excuse, a general knowl-
edge of the system of rules governing
one's daily vital relations with society
and others is desirable. The greater
part of our law is the unwritten or com-
mon law of established customs or pre-
cedents of reported decided cases fol-
low: Legislative enactments or statutes
and the Constitution serves as the basis
of all.
Chapter XXXIII
CONSTITUTION
The chief object of a constitution
or basic organic law is to protect and
safeguard the rights and liberties of
the individual citizen against injuries,
wrongs and encroachments by others
or by the government. The British
have no written constitution, but the
Englishman's freedom has become es-
tablished through the centuries
through several great documents and
enactments, including the Great
Charter of 1215, the Habeas Corpus Act
of 1679, the Bill of Rights of 1688 and
the Act of Parliament enumerating
The true, ancient and indubitable
rights of the people of this kingdom.'
The Constitution of the United
States contains little new matter, be-
ing mostly re-affirmance of principles
of Anglo-Saxon liberty. Its framers
210 THE THEATRICAL COUNSELOR
aimed to insure for the American peo-
pie and each individual the rights of
personal security and freedom of
thought and conduct, to exercise a law-
ful calling, to possess and own proper-
ty, to secure rights of contract, and to
the undisturbed enjoyment of home
and the society of his family.
This great document was aimed to
limit and restrain the Federal Govern-
ment to such functions as were deemed
necessary for the preservation of the
Union and the proper relationship and
intercourse between the people of the
several states, all other powers of sov-
ereignty being retained by the re-
spective states.
The tendency of late years to-
wards centralization of powers at
Washington has brought alarm to
thinking men as the precious princi-
pies of home rule and self-government
are gradually yielding to bureaucracy
and paternalism.
The Constitution of the United
States, together with the Constitutions
of the several states, constitute the
fundamental and supreme law of the
CONSTITUTION
211
land. Notwithstanding* the phrase of
Lincoln, as to 'government by the peo-
pie/ the Supreme Court of the United
States has repeatedly declared that
this is a government by law and not by
men. The Constitution of Massachu-
setts expressly provides: "to the end
that this shall be a government by law,
and not of men.
The Bill of Rights contains a de-
claration of general principles as the
basis of government. It is copied from
Magna Charta (of the year 1215) and
the English Bill of Rights, of the year
1687, and establishes guaranties for
the preservation of the rights and lib-
erties of the individual citizen as
against encroachments by official au-
thority. The power of the judiciary to
declare statutes violative of such con-
stitutional rights invalid was first af-
firmed by the Supreme Court in 1803 in
the case of May bury vs. Johnson. This
is one of the chief distinctions between
the system here prevailing and that in
England, where Parliament is beyond
any such limitation by courts, but is it-
212 THE THEATRICAL COUNSELOR
self restrained by the unwritten prin-
ciples of Anglo-Saxon freedom.
Under the common law, as adopted
from that of England, and which is ex-
pressly recognized by the Constitution,
the individual is safeguarded in his in-
herent natural rights of personal lib-
erty and security, and the enjoyment
of life and property, privacy and repu-
tation.
The preservation of these inalien-
able rights of the individual to the en-
joyment of life and pursuit of happi-
ness in his own way is really the chief
object of all government and is ex-
pressly made the foremost object of
the guaranties of the Constitution. It
includes not only his freedom of con-
tract as he chooses, but also his right
to exercise individual self-control. The
more this right is usurped by govern-
ment, the more irresponsible weak-
lings, aping marionettes and worth-
less serfs will result.
Freedom of speech and of the press
is The~ cornerstone of Anglo-Saxon in-
stitutions, while kept within the limits
of fair comment and criticism.
CONSTITUTION
213
By common law is meant the gen-
eral system of law prevailing in Great
Britain and most of the United States
by immemorial usage and general con-
sent of the people as it existed in the
year 1607 before the Revolution, and as
it has not since been abrogated by stat-
utes, whether by Congress or the legis-
latures of the several states.
It is only where a party defaults in
his social relationship that the police
power of the government may be prop-
erly exercised. The principle underly-
ing the law is the code of Confucius:
"Do not unto others as ye would not
have them do unto you"; or as the
judges phrase the fundamental prin-
ciple; "a party may not act or use his
own property so as to injure another".
The owner of property is bound to use
it in such a manner as not to inter-
fere with the use and enjoyment by
others of theirs. Thus a place where
there is disturbance of peace, or where
offenders congregate, or which is-a
menace* bySEre, is subject to interfer-
ence by law. Thus defamatory matter,
whether uttered as slander, or written
214 THE THEATRICAL COUNSELOR
or published as libel, renders the
offender liable in damages. Thus,
obscene or lascivious matter is barred
from the mails under penalties.
The eminent Chief Justice Cart-
wright of the Supreme Court of Illinois
has ably declared the law as follows:
"The police power of the state ex-
tends to the protection of the lives,
health, comfort and quiet of all per-
sons and the protection of all property
within the State. In the exercise of
that power the general assembly may
suppress and prohibit any practice,
trade or business endangering the
public welfare and safety or may regu-
late any business in such manner as
may be necessary for the safety, mor-
als, and welfare of the people, and may
delegate the power to municipalities.
It is for the courts to determine what
are subjects for the exercise of the po-
lice power and to determine whether
an attempted exercise of the power in
a particular instance is reasonably
necessary to the comfort, morals,
safety or welfare of the community,
and the power is restricted by these
CONSTITUTION 215
provisions of the Constitution which
forbid unequal laws or an arbitrary
invasion of personal right of property.
To sustain an act or ordinance under
the police power, the court must be
able to see that it tends in some degree
to the prevention of offenses or for the
preservation of the public health, mor-
als, safety, or welfare. If it is mani-
fest that a statute or ordinance has no
such object, but under the guise of a
police regulation is an invasion of the
property rights of the individual, it is
the duty of the court to declare it void.
The owner of property has a constitu-
tional right to make any use of it he
desires, so long as he does not endan-
ger or threaten the safety, health, com-
fort or personal welfare of the people.
Under the police power, things which
are injurious to the public may be sup-
pressed and prohibited, and other
things which may or may not be injur-
ious to the public, according to the
manner in which they are managed,
conducted and regulated, may be li-
censed for the purpose of regulation.
Races, whether of persons, automobiles
216 THE THEATRICAL COUNSELOR
or other machines or animals, base ball
games and the like, which are con-
ducted as public amusements require
police supervision and being proper
subjects for police regulation, licenses
for them may lawfully be required.
Public dances and dance halls may be
conducted in such a manner as to afford
opportunity for innocent amusement,
but in the absence of regulation tend to
create disorder and immorality and
are proper subjects for the exercise of
the police power. A merry-go-round is
a public amusement to which the pub-
lie is invited to ride on wooden horses,
and being a public meeting place, it
requires police supervision and is a
proper subject for the requirement of
a license. The game of golf is a health-
ful and harmless recreation of the same
class as lawn tennis and other like
games, which do not attract crowds or
tend to disorder or call for police su-
pervision or regulation. It has never
been known to affect in any injurious
way the public health, order, safety or
morals. It is not a subject for the exer-
cise of the police power. Another rule
CONSTITUTION
217
for the purpose of regulation is that
the authority of a municipality is lim-
ited to such a charge for a license as
will bear some reasonable relation to
the additional burdens imposed by the
business or occupation licenses and the
necessary expense involved in police
supervision. (278 111. 218).
Likewise, witnessing an inspiring
play by a master artist on Sunday, has
never been known to affect in an inju-
rious way the public health, order,
safety or morals. Inmates of prisons,
hospitals and lunatic asylums in num-
bers untold have been the misled vie-
tims of superstition and fanaticism.
The Supreme Court of Illinois, in
holding the Chicago ordinance prohib-
iting the scalping of theatre tickets in-
valid, expresses the principles of the
law as follows:
"The State Constitution provides
as follows: 'All men are by nature free
and independent, and have certain in-
herent and inalienable rights—among
these are life, liberty and the pursuit!
of happiness. To secure these rights,
and the protection of property, gov-
218 THE THEATRICAL COUNSELOR
ernments are instituted among men,
deriving their just powers from the
consent of the governed. No person
shall be deprived of life, liberty or
property without due process of law.
The right of the State to regulate
theatres and all places of public
amusement is universally recognized.
It is important that places where peo-
pie assemble in numbers should be sub-
ject to regulations for the preserva-
tion of peace, good order, morality
and safety. The legislature has the
same authority over the theatre busi-
ness as any other lawful private busi-
ness and no more. If the law prohibits
that which is harmless in itself, or re-
quires that to be done which does not
tend to promote the health, comfort,
safety or welfare of society, it will in
such case be an unauthorized exercise
of power, and it will be the duty of the
courts to declare such legislation void.
The police power of the State is that
power which enables it to promote the
health, comfort, safety and welfare of
society. It is very broad and far-
reaching but is not without its limita-
CONSTITUTION
219
tions. Legislative acts passed in pur-
suance of it must not be in conflict with
the constitution and must have some
relation to the ends sought to be ac-
complished—that is to say, the com-
fort, welfare or safety, it must appear
to be adapted to that end. It cannot
invade the rights of person or prop-
erty under the guise of a mere police
regulation when it is not such in fact;
and where such an act takes away the
property of a citizen or interferes with
his personal liberty, it is the province
of the courts to determine whether
it is really an appropriate measure
for the promotion of the comfort,
safety and welfare of Society. Lib-
erty, as that term is used in the
constitution, means not only free-
dom of the citizen from servitude
and restraint, but it is deemed to em-
brace the right of every man to be free
in the use of his powers and faculties
and to adopt and pursue such avoca-
tion or calling as he may choose, sub-
ject only to the restraints necessary to
secure the common welfare. The right
of man to choose his own occupation,
220 THE THEATRICAL COUNSELOR
profession or employment, tho not ex-
pressly guaranteed by the constitu-
tion, is included in the right to the pur-
suit of happiness. The privilege of
contracting is both a liberty and a
property right and is protected by the
constitution. There is nothing im-
moral in the sale of theatre tickets at
an advance over the price at the box-
office. Such sale is not injurious to the
public welfare and does not affect the
public health, morals, safety, comfort
or good order. It does not injure the
buyer or proprietor of the theatre.
'The buyer purchases voluntarily. He
is under no compulsion. If the con-
ducting of a theatre is a private busi-
ness there is no reason why the propri-
etor may not sell the tickets when and
where, at what prices and on what
terms he chooses. * * * * The fact that a
license is required does not make the
business a public employment The
court quoting from the case of Horney
vs. Nixon 213 Pa. 20, says: "The pro-
prietor of a theatre is a private indi-
vidual engaged in a strictly private
business, which, tho for the enter-
CONSTITUTION
221
tainment of the public is always lim-
ited to those whom he may agree to
admit to it. There is no duty, as in the
case of a common carrier, to admit
every one who may apply and be will-
ing to pay for a ticket, for the theatre
proprietor has acquired no peculiar
rights and privileges from the State
and is therefore under no implied obli-
gation to serve the public. The court
further quotes from the case of Collis-
ter vs. Hayman 173 N. Y. 250 as follows:
"The proprietors of a theatre can open
and close their place at will and no
one can make lawful complaint.
They can limit the number admit-
ted. They can refuse to sell tick-
ets and collect the price of ad-
mission at the door. They can preserve
order and enforce quiet while the per-
formance is going on. They can make
it a part of the contract and a condi-
tion of admission, by giving due notice
and printing the condition on the tick-
et, that no one shall be admtited under
twenty-one years of age, or that men
and women only shall be admitted, or
that a woman cannot enter unless she is
222 THE THEATRICAL COUNSELOR
accompanied by a male escort and the
like. The proprietors in the control
of the business may regulate the terms
of admission in any reasonable way. If
those terms are not satisfactory, no one
is obliged to buy the ticket or make the
contract. The Illinois supreme court
further says, "To impose burdensome
restrictions, not required for the pub-
lie welfare, on the right of the manag-
er as to the conduct of his business and
the contracts he shall make in carrying
it on, is to deprive him of the liberty
guaranteed to him by the Constitution.
To prohibit the broker from selling
at a profit the tickets which it is his
business to sell, deprives him of his
property and liberty. * * * * The public
is no better nor worse off in health,
morals, security or welfare. These are
arbitrary and unreasonable interfer-
ences with the rights of the individu-
als concerned. * * * * The act in ques-
tion can not be justified as a police
regulation and was not within the pow-
er of the legislature to enact. (People
v. Steele; 231 111. 340).
"The proprietor of a theatre, de-
CONSTITUTION
223
clares the Supreme Court of Rhode Is-
land, "is a private individual engaged
in a strictly private business, which,
tho for the entertainment of the
public, is always limited to those whom
he may agree to admit to it. There is
duty, as in the case of a common car-
rier, to admit every one who may ap-
ply and be willing to pay for a ticket,
for the theatre proprietor has acquired
no particular rights and privileges
from the State, and is therefore under
no implied obligation to serve the pub-
lie. When he sells a ticket, he creates
contractual relations with the holder
of it, and whatever duties on his part
grow out of this relation he is bound to
perform, or respond in damages for the
breach of his contract. As the amuse-
ment business is a private business,
and not a business affected with a pub-
lie interest, it may be exercised under
the police power of the State. But the
police power of the State is subject to
the limitations and provisions of the
Federal Constitution, as the Supreme
Court of the United States has held in
several cases. As the Constitution of
224 THE THEATRICAL COUNSELOR
the United States is the supreme law
of the land anything in the Constitu-
tion, or the statutes of the State to the
contrary not withstanding, even when
avowedly enacted in the exercise
of its police powers, must yield
to that law. No right granted or
secured by the Constitution of the
United States can be impaired or de-
stroyed by a State enactment whatever
may be the source from which the pow-
er to pass such an enactment may have
been derived. The nullity of any act
inconsistent with the Constitution is
produced by the declaration that the
Constitution is the Supreme law. The
State has undoubtedly the power, by
appropriate legislation, to protect the
public morals, the public health and
the public safety; but if by their nec-
essary operation, the regulations look-
ing to any of those ends amount to a
denial to persons within its jurisdic-
tion of the equal protection of the laws,
they must be deemed unconstitutional
and void. The 14th Amendment to the
Constitution provides: "Nor shall any
State deprive any person of life, lib-
CONSTITUTION 225
erty or property, without due process
of law; nor deny to any person within
its jurisdiction the equal protection of
the laws. The liberty mentioned in
that amendment means not only the
right of the citizen to be free from the
mere physical restraint of his person,
as by incarceration, but the term is
deemed to embrace the right of the cit-
izen to be free in the enjoyment of all
his faculties, to be free to use them in
all lawful ways, to live and work where
he will, to earn his livelihood by any
lawful calling, to pursue any livelihood
or avocation, and for that purpose to
enter into all contracts which may be
proper, necessary and essential to his
carrying out to a successful conclusion
the purposes above mentioned. Includ-
ed in the right of personal liberty and
the right to private property—partak-
ing of the nature of each—is the right
to make contracts for the acquisition of
property. Chief among such contracts
is that of personal employment, by
which labor and other services are ex-
changed for money or other forms of
property. If this right be struck down
226 THE THEATRICAL COUNSELOR
or arbitrarily interfered with, there is
a substantial impariment of liberty in
the long established constitutional
sense. The right of a person to sell his
labor upon such terms as he deems
proper is, in its essence, the same as the
rights of the purchaser of labor to pre-
scribe the conditions upon which he
will accept such labor from the person
offering to sell it. The law will not al-
low the right of property to be invad-
ed, under the guise of a police regula-
tion for the preservation of health,
when it is manifest that such is not the
object and purpose of the regulation;
when it appears that such is not the
real object and purpose of the regula-
tion, courts will interfere to protect the
rights of the citizen. (O'Neill v. Provi-
dence Amusement Co.; 108 Atl. 887).
In this case, a statute compelling a
theatre proprietor to employ a person
to protect the audience from fire dan-
ger at a salary fixed by the law was
held void. An exhaustive review of
constitutional questions may be found
in the majority and dissenting opin-
ions, the briefs of counsel and note in
CONSTITUTION 227
8 A. L. R. 1628.
It is clear that to close a theatre
on Sunday can not tend to prevent
crime by subserving morals any more
than on a Monday. The only possible
legal ground for such enactments is
the argument that they are necessary
for the public health. Such claims are
ridiculous to the profession whose in-
terests are pretended to be subserved.
It is self-evident, furthermore, that
such measures are not in good faith,
in that they are generally leveled at
what affords pleasure, as distinguish-
ed from what is attempted to be forced
upon the public on Sunday as govern-
mental and official regime—doctrines
of gloom.
Since the Federal and State con-
stitutions expressly forbid any state
creed or the observance of any enforc-
ed religious day in the week, the only
lawful basis on which Sunday closing
measures can be upheld is that under
the police power, some tangible and
reasonable necessity must exist.
In the House of Delegates in Vir-
ginia in 1784, there were some at-
228 THE THEATRICAL COUNSELOR
tempts to establish the teaching of a
religion, but the bill drafted by Thom-
as Jefferson was passed, guaranteeing
religious freedom and protecting the
rights of the individual conscience. It
may not be generally known that Lin-
coin prepared a voluminous manu-
script exposing fallacies in the ortho-
doxy, but was prevented by his politi-
cal friends from publishing it. The ma-
jority of the founders of the Republic,
as well as the foremost men in the his-
tory of the nation and its greatest ben-
efactors, have been opposed to sectari-
anism, and there is no warrant either
in the Constitution or the history of
the United States for forcing dogma-
tism in the form of forcible interfer-
ence on the people, The Supreme Court
of Illinois recently well declared that
the only means of preventing sectarian
instruction in public schools is to ex-
elude so-called religious instruction al-
together. That many Sunday closing
laws are secretly fostered by sectarian-
ism is shown by the fact that they pro-
scribe only that which affords pleasure
to the people and that holidays are not
CONSTITUTION 229
included in the attempted official
anathemas. These are some of the ear-
marks of arbitrary discrimination by
fanaticism and oppression group ego-
tism.
Playing an organ, whether in a
theatre or a church, is hardly such a la-
bor that it is necessary for the police to
stop it in order to give the organist a
day of rest, in the week. Likewise, pro-
hibiting citizens to assemble on Sun-
day, whether in a theatre or a church,
is hardly necessary as a police meas-
ure in order to secure for them one day
of rest and thereby promote their
health. This object, however, is and
can be the only one warranting any
Sunday closing law or ordinance pro-
scribing a public recreation, which is
not in itself a vicious traffic.
Clearly all legislation singling out
places of amusement for punishment,
if open on Sunday, is and can be only
sectarian prosecution by one private
prejudiced group for forcing a state
creed on American citizens by penal-
ties which is of itself a stab in the very
230 THE THEATRICAL COUNSELOR
heart of the Constitution and a grave
offense and conspiracy against the
highest law of the land.
Chapter XXXIV,
"THE BILL OF RIGHTS
"No freeman shall be taken or im-
prisoned, or disseized or outlawed, or
banished, or in any way destroyed, nor
will we pass upon him, nor will we
send upon him, unless by the lawful
judgment of his peers or by the law of
the land. To none will we sell, to none
will we deny, or delay, right or jus-
tiee. (Part of the Common law of the
United States. Magna Charta; Ch. 39.
1215.)
"We hold these truths to be self-
evident, that all men are created equal;
that they are endowed by the Creator
with certain inalienable rights; that
among these are Life, Liberty and the
Pursuit of Happiness; that to secure
these rights, Governments are institute
ed among Men, deriving their just
powers from the consent of the govern-
ed; that whenever any form of Govern-
ment becomes destructive of these
232 THE THEATRICAL COUNSELOR
ends, it is the Right of the People to al-
ter or abolish it, and to institute a new
Government, laying its foundation on
such principles and organizing its
powers in such form as to them shall
seem most likely to effect their Safety
and Happiness. (Declaration of In-
dependence.
"We, the People of the United
States, in order to form a more perfect
Union, establish Justice, insure domes-
tic Tranquility, provide for the com-
mon defence, promote the General Wei-
fare and secure the Blessings of Lib-
erty of ourselves and our posterity, do
ordain and establish this Constitution
of the United States. (Preamble—
United States Constitution.)
"No religious test shall ever be re-
quired as a qualification to any office
or public trust under the United States
Constitution. (Art. 6; Sec. 3).
"Congress shall make no law re-
specting an establishment of religion
or prohibiting the free exercise there-
of or abridging the freedom of speech
or of the press or the right of the peo-
pie peaceably to assemble and to peti-
tion the government for the redress of
grievences. (Amendment 1.)
THE BILL OF RIGHTS 223
"The right of the people to be se-
cure in their persons, houses, papers
and effects against unreasonable
searches and seizures shall not be vio-
lated. (Amendment IV.)
"No person shall be held to an-
swer for a capital or infamous crime
unless on presentment or indictment
of a grand jury, nor shall any person
be subject for the same offense to be
put twice in jeopardy of life and limb,
nor shall he be compelled in any crim-
inal case to be a witness against him-
self, nor be deprived of life, liberty or
property without due process of law,
nor shall private property be taken for
public use without just compensation.
(Amendment V.)
"In all criminal proceedings the
accused shall enjoy the right to
a speedy and public trial by an impar-
tial jury of the State or district where
the crime shall have been committed;
to be informed of the nature and cause
of the accusation; to be confronted
with witnesses against him; to have
compulsory process for obtaining wit-
nesses in his favor and to assistance of
counsel for his defense. (Amend-
ment VI.)
INDEX
Pare
A
AMUSEMENT TAX—
General information 205
Stamp tax on notes, etc 206
AUTOMOBILE—
Degree of care required in operation of 83
Speed limit 83
Owners' liability 84
Duty at railroad crossings 84
Passengers' duty 85
Warranty 85
Sale of second-hand car 85
Chattel mortgage, when binding to all 86
Degree of care required by garageman 86
ARREST—
Who may make 161
B
BOARDING HOUSE—
Liability for injury 35
Liability for personal property 35
C
CONSTITUTION—
General information 209
Freedom of speech 212
Golden rule implied 213
What is common law 213
Sunday performances 217
Proprietor of theatre private individual 223
Personal employment 225
Religious freedom 227
CONTRACT—
Definition of contract 87
Contracts required to be in writing 87
Statute of frauds 87
Gift, a contract after delivery 88
Freedom from duress, threats, etc 88
Against public policy 88
What constitutes fraud 89
Marriage a contract 90
Page
Breach of contract 90
Impossible performance 91
Import of clearness 91
For artists' services 92
CORPORATION—
Definition 99
What is necessary 100
Promoter defined 100
Stock certificates 100
Blue Sky Law 100
Common law trusts 101
COPYRIGHT—
Defined 115
Infringement 116
Protection, after expiration 116
What constitutes publication 116
Moving picture infringement 117
Infringement of musical work 117
Method of obtaining 117
CRIME—
Statutory regulation 159
Must be proved 159
Advice of counsel 159
Twice in jeopardy 159
Trial by jury 159
Accessory 160
Confession 160
CIVIL RIGHTS ACTS—
Acts defined 167
States where in force 168
Separate schools 168
D
DANCING PALACE, BALL ROOM, ETC.—
Rights of owner 50
Refusal to admit 49
(Other features, see chapter on Theatre.)
DRAMA—
Defined 37
DEFAMATION—
Right to recover HI
Truth, or reasonable fact 112
Use of photo for advertising purposes without own-
er's consent 112
DIVORCE—
History of 125
Statutes governing same 125
Collusion defined 127
Page
Cruelty defined 127
Agreement to separate 127
Alimony 128
Re-marriage 128
Presumption of death ...128
DESERTION AND NON-SUPPORT—
Uniform acts 129
Inability to support 131
Destitute circumstances 131
E
EXEMPTION—■
Homestead 133
Head of family 134
Garnishment 134
Imprisonment 134
Limitations 134
State table of exemptions 135-150
F
FEDERAL INCOME TAX—
Persons required to file 169
Tax rates 170
Those subject to 170
Head of family 170
Exemptions 171
Personal exemptions 171
Final date 172
Filing returns, with whom 172
Gross income defined 173-174
Alimony not taxed 173
Separate return for wife 173
Net income defined 174
Allowable deductions 174
Professional exemptions 175
Corporation paid taxes 175
Exchange not a sale 176
Valuation 177
Gift 177
Selling and rebuying 178
Insurance dividends 178
Liberty Bonds 179
Uncollectable debts 179
Traveling expenses 180
Personal expenses not allowed 180
Carrying over a loss 181
Inventories 181
Cost defined 182
Cost or market value 183
Depreciation 183
Non-resident • • • • 183
Page
Taxable income of same 184
Deductions allowed aliens 185
Tax withheld at source 186
Estates 186
Forms and schedules 187
Tax, classes and amounts - 188
Deductions from gross 189-191
Not deductible from same 191
Statement required for benefits accruing to trav-
elers 193
Credits for personal exemptions, dependents, etc... 194
Alien regulations on tax 196
Affidavit required 197
Date of return and payments 197
Partnership taxes 198
Surtax 198
Corporation tax 201
United States Bonds tax 201
Penalties for failure .202
Authority for law, income tax 203
Payments 203
Depreciation allowances 204
FRAUDULENT INTENT—
Proof of required 33
H
HOLIDAY—
What constitutes legal 119
HEALTII REGULATIONS—
Medical Board powers 153
Specialized professions 154
HOTEL—
Hotel, inn, tavern, defined IS
Obligation to receive travelers 14
Objectionable patrons 15
Food must be wholesome 15
Identity of applicant 15
Sex registration not required 16
Weekly rate ^
Forwarding of mail l^
Privacy of guest 1°
Visitors permitted 1^
Safety assured ij|
Liability of hotel for injury
Safety of electrical appliances
Liability for baggage ^
Lien of hotel on baggage, etc
Regulations of hotel **
Fraud and proof required ^
Page
HOME—
Sanctity of 165
Civil process 165
With search warrant 165
Lawful entry, and further entry 165
I
INJURY—
Injury described 163
Tort described 103
Negligence 103
Degree of care 104
Master and servant 104
City streets, sidewalks, etc 104
Private premises 104
Miscellaneous wrongs 105
J
JURY TRIAL—
Right to 33
L
LABOR UNION—
Individual rights 155
Right to organize 155
Picketing 156
Right to refuse to work 157
LAW-
Law defined 207
M
MANAGER—
Rights of theatre manager or manager of place of
amusement 37-68
MINOR—
Who is a minor 93
Void and voidable acts 93
To whom do earnings belong 94
Responsibility for torts 94
Degree of responsibility for crime 94
MARRIAGE—
Defined 121
A civil contract 121
By whom performed 121
Public record 122
Married woman's contract 122
Homestead and dower 123
Breach of promise 123
P
PROMISSORY NOTE—
Definition of 95
Responsibility upon indorsement 95
Innocent third party 95
Definition of draft
Definition of check
Negotiable paper dated on Sunday
PARTNERSHIP—
Definition
Authority to bind partners
Distinction, partner and stockholder ...
Definition, limited partnership
Limited partnerships, where recognized
Accounting
PHOTOGRAPH—
Right to privacy
Copyright of
Exploiting same
Confidential letter
R
RESTAURANT—
Responsibility for lost or stolen articles 35
Duty to serve food fit for eating 36
RAILROAD—
Responsibility as to safety of patrons 69
Responsibility as to care and delivery of baggage...69
Are costumes and paraphernalia baggage? 70
Manuscripts and music of opera troupe, baggage... .70
Salemen's samples, etc 70
Contributory negligence 71
Degree of railroad responsibility for care 71
Loss of husband's baggage 71
Loss of wife's baggage 71
Waiver, as applied to baggage 72
Degree of recovery in New York State 72
Responsibility for loss of baggage in care of patron. .72
Responsibility of express company 73
REAL ESTATE—
Origin of title 107
Title defined 108
Deeds, acknowledged and recorded 108
Wife's status
Description
Abstract defined
S
SELF-DEFENSE
Right to same
Belief of intent
Deprivation of property
T
THEATRE—
Meaning of term
Scope of law governing theatre
Page
...96
...96
...96
...97
...97
...97
...97
...98
...98
..113
..113
..113
. .114
.163
.163
.163
..37
..38
Page
Authority of owner or proprietor 38
Theatre not a public concern 39
Police power applied to theatre 39
Theatre owners' constitutional right 40
Rules of law governing theatre regulation 41
Regulation does not include power to suppress or
prohibit ;2
Prize fight films 42
Theatre entrances and exits 42
Theatre license 43
Degree of responsibility regarding safety of patrons.. 46
Contributory negligence applies 48
Responsibility to patrons for property checked 49
Power to regulate terms of admission 49
Sectional seating for colored race 50
Ejectment of patron 50
Damages for improper ejectment 51
Rights of officer employed by theatre 51
Who determines propriety of ejectment 51
Speculators' license 51
Moving picture censorship 52
Sunday closing of theatres 59
Responsibility for loss of wardrobe 66
THE BILL OF RIGHTS—
Right to trial by jury 231
Indictment necessary 223
Speedy and public trial 223
TELEGRAM—
Who must be served 75
Fixed rate to all 75
Accuracy in 75
General damage 76
Validity of printed contract on back of blank 77
Various classifications of messages 78
Inter-state messages 78
Errors and non-delivery 79
Repeated messages 79
Recovery fixed on same 80
W
WAIVER—
Of right to jury trial
Of lien 34
WILL—
Statute of descent
Statutory requirements 15^
Inheritance tax