City of Morrilton v. Malco Theatres, Inc.

Appellants, other than the city of Morrilton are its mayor, recorder and chief of police. On October 9,1939, the city council passed and the mayor approved an ordinance, No. 454, levying an annual license fee or tax of $50 on all moving’ picture shows operating in the city three nig’hts per week or less, and $100 on all those so operating more than three nights per week, and an additional annual tax of 40 cents per chair on all chairs in excess of 300 with which any theatre is seated. On March 11, 1940, ordinance No. 458 was enacted which amended ordinance No. 454 by re-enacting its…