Society Theater v. City of Seattle

• Decision Date: 11 January 1922
• Docket Number: 16731.
• Citation: 203 P. 21,118 Wash. 258
• Court: Washington Supreme Court
• Parties: SOCIETY THEATER et al. v. CITY OF SEATTLE et al.

203 P. 21

118 Wash. 258

SOCIETY THEATER et al. v. CITY OF SEATTLE et al.

No. 16731.

Supreme Court of Washington

January 11, 1922

Department 1.

Appeal from Superior Court, King County; Walter M. French, Judge.

Suit by the Society Theater and others against the City of Seattle and others. From a judgment granting a temporary injunction the City and its officers appeal. Reversed and remanded.

Eugene A. Childe, of Seattle, for appellants.

Walter F. Meier, Geo. A. Meagher, and Ray Dumett, all of Seattle for respondents.

BRIDGES J.

Suit to enjoin officers of the city of Seattle and of the county of King from interfering with the plaintiffs in the conduct of a certain business. From a judgment adverse to them, the officials of the city of Seattle have appealed.

A part of the plaintiffs were representatives of a concern known as the Northwest Products Advertising Association, and the remainder were owners and operators of motion picture theaters in Seattle. The members of the association are various merchants, manufacturers, growers and the like, located in and about the city of Seattle. The purpose of the association is to advertise the products of its members. These members furnish it small quantities of their merchandise, manufactured products, and other like articles, to be given away. Those in the active charge of the association have made arrangements with various motion picture theaters whereby they permit it to distribute to the patrons of the theaters certain free tickets with numbers on them. These tickets are distributed by the association after the patrons have been admitted to the theater in the usual manner. Following the regular performance, the association conducts a drawing by lot, and those holding the fortunate tickets receive a prize consisting of a sack of flour, or a can of a certain brand of fish, or other like article. The theaters have nothing to do with the giving out of the tickets, the drawing, or the distribution of the prizes, and they do not make any extra charge for admission to the theater. It will thus be observed that the theaters have no direct connection with the distribution of the tickets, or the prizes, and that the persons receiving them do not pay any direct consideration for them. After a preliminary hearing the court made an order enjoining the defendants from interfering with the plaintiffs and their business, so long as such business is conducted in the manner aforesaid, and until the final disposition of the case. This order of the court further provided that the respondents should not be permitted to 'advertise said drawings as a means of increasing the patronage of said theaters.'

The city officials contend that the operations conducted by the respondents are in violation of an ordinance of the city of Seattle which reads as follows:

'Sec. 24. Lotteries.--It shall be unlawful for any person to open, conduct, maintain or carry on, or be in any manner connected with, any lottery or any establishment or business, by whatever name it may be known, wherein any property is sold or disposed of by chance, or to sell or dispose of any lottery ticket or share, whether for religious or secular purposes, or any chance, or any article or thing entitling, or purporting to entitle the purchaser to any chance, or to sell or dispose of any package or article purporting to contain a prize, or where, as an inducement to purchase,

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