City of Duluth v. Marsh
Supreme Court of Minnesota
A warrant was issued out of the municipal court of Duluth for the arrest of defendant, because he did “unlawfully exhibit a public show, said show being a theatrical play or performance called ‘The Gladiators,’ ” without having obtained a license therefor. The defendant was thereupon arrested and pleaded not guilty, and upon a trial before Edson, J., without a jury, was found guilty.
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A warrant was issued out of the municipal court of Duluth for the arrest of defendant, because he did “unlawfully exhibit a public show, said show being a theatrical play or performance called ‘The Gladiators,’ ” without having obtained a license therefor. The defendant was thereupon arrested and pleaded not guilty, and upon a trial before Edson, J., without a jury, was found guilty. From an order of the court refusing to vacate its decision and denying a new trial, defendant appealed. The distinction between the power to license and the power to tax is clearly defined. The power to license…
1Opinion of the CourtMitchell, J.
The charter of the city of Duluth authorizes the common council to license and regulate theatrical performances and places of amusement for which money is charged for entrance. Acting under this authority, the common council passed an ordinance prohibiting the exhibition, without license, of any theatrical performance for which pay or compensation is demanded or received; providing how a license might be obtained; and fixing the license fee at $30 each day, except that, when a license is desired for six months, a license might be granted for that period on payment of $125.
The only question…
2Cases cited3 opinions
- City of Mankato v. FowlerSupreme Court of Minnesota · 1884
- City of Duluth v. KruppSupreme Court of Minnesota · 1891
- In re WhiteSupreme Court of Minnesota · 1890
3Cited by6 opinions
- In Re AmblerCourt of Criminal Appeals of Oklahoma · 1914
- Power v. NordstromSupreme Court of Minnesota · 1921
- Higgins v. LacroixSupreme Court of Minnesota · 1912
- State Ex Rel. Remick v. ClousingSupreme Court of Minnesota · 1939
- Drew v. TifftSupreme Court of Minnesota · 1900
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