People ex rel. Klinger v. Rand

The mayor, who is vested with the power to license shows, refuses to issue a license to relator except on condition that he will not open his moving picture theater on Sunday. The question is whether he may lawfully impress upon relator his views on the Sunday closing of moving picture theaters.

The power to license involves the right to regulate, is- discretionary and not mandatory. The mayor, as conservator of the public welfare, should refuse a license where the opening of a theater would, in his judgment, work to the detriment of the community. He may grant licenses conditional, among…