Lyric Theater Co v. State

• Decision Date: 27 March 1911
• Citation: 136 S.W. 174
• Parties: LYRIC THEATER CO. v. STATE.
• Court: Arkansas Supreme Court

Page 174

136 S.W. 174

LYRIC THEATER CO. v. STATE.

Supreme Court of Arkansas.

March 27, 1911.

Appeal from Sebastian Chancery Court; J. V. Bourland, Chancellor.

Suit for injunction by the State, on the relation of the prosecuting attorney of the Twelfth district, against the Lyric Theater Company. From a decree for plaintiff, defendant appeals. Reversed, and complaint dismissed.

Cravens & Cravens, for appellant. Hal L. Norwood, Atty. Gen., and Wm. H. Rector, Asst. Atty. Gen., for the State.

FRAUENTHAL, J.

This was a suit instituted in the name of the state of Arkansas, on the relation of the prosecuting attorney of the Twelfth judicial circuit, seeking to enjoin appellants from giving any vaudeville or moving picture shows upon Sunday in a theater conducted by them in the city of Ft. Smith. It was alleged in the complaint that appellants had advertised that they would conduct such shows at their theater on certain Sundays, and, upon being notified by the law officers that they would be arrested for the offense of Sabbath breaking if they did so, they thereupon made no charge for admittance to such performances in order to evade the criminal laws of the state in that respect. It was further alleged that such Sunday performances were legally and morally wrong, and would tend to create a violation of the Sabbath breaking laws; that they would bring together a lawless and turbulent assembly of persons, which would result in an injury to the morals and general welfare of the people of that community; and that such performances constituted a public nuisance. It was also claimed that one of the purposes of appellants in giving such Sunday exhibitions was to advertise their show which was given during the other days of the week, and that the amount of the fine fixed by law for Sabbath breaking was not sufficient to prevent appellants from violating such laws. There was a demurrer interposed to this complaint, which was overruled. Thereupon the appellants filed an answer in which they denied that these performances given by them were illegal, or that they constituted a nuisance. They alleged that the persons assembled at such exhibitions were quiet and orderly, and that the performances were of a good and proper character, and not detrimental to the moral and religious sentiment of the people.

It appears that the appellants were and had been for some time prior to the filing of the complaint herein engaged in giving moving picture shows in a building located on one of the principal streets in the city of Ft. Smith. They advertised that on Sunday October 30, 1910, and on the following Sunday, they would give these performances at their theater, and did so. There was no charge of any kind made for admission to these performances. The evidence shows that these performances were given in an inclosed building, and consisted of moving pictures. On the first Sunday there was portrayed by these pictures the life of Damon and Pythias, accompanied by a lecture thereon and sacred songs and music; and on the following Sunday night the performance was of a similar character. The undisputed evidence shows that neither the moving pictures, songs, or music were immoral or objectionable in any regard. Upon final hearing of this cause the chancellor entered a decree perpetually enjoining the appellants from giving these performances in their theater upon Sunday, and from this decree they have appealed to this court.

The question involved in this case is whether or not the acts complained of were of such a nature as a court in the exercise of its chancery jurisdiction would restrain. The appellants could not be enjoined from doing any act which...