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248
THE LAW OF MOTION PICTURES
therefor, it was held that the lease between himself and the landlord was admissible in evidence.64 Where the contract was evidenced by a letter, oral testimony showing a qualification of the letter was held inadmissible.65
The question has occasionally arisen whether a municipality has the right to establish and maintain a place of amusement.
In a recent Ohio case it was held that the powers to be exercised by a municipality did not include the main
tenance of a motion picture
61 Miller v. Lawrence (1895), 13 Misc. (N. Y.) 130; 34 N. Y. Supp. 161.
65 Zerralin v. Ditson (1875), 117 Mass. 553. Plaintiff sued for services rendered in conducting of “The World’s Peace Jubilee.” Defendant set up a special contract whereby the services were rendered upon the understanding, expressed in a letter , that the management would not be responsible in case the music festival resulted in a loss.
On the trial defendants offered the letter in evidence and plaintiff attempted to give oral testimony to show a qualification of the terms of the letter, which was rejected as varying the express terms of the letter.
Held on appeal that the oral evidence was properly rejected.
66 State v. Lynch (May, 1913),
theatre.66
102 N. E. (Ohio) 670. “Whether a municipality acquires authority ‘to exercise all the powers of local self-government’ by adopting a charter, or adopts a charter as an indispensable mode of exercising the authority, the powers to be exercised, being governmental, do not authorize taxation to establish and maintain moving picture theatres.”
The decision was by a divided court. A strong dissenting opinion was written by Judge Wanamaker.
See also ; Smith v. City of Raton (1914), 140 Pac. 109 (N. M.) Under the powers granted to cities and towns by the statute to erect all needful buildings for their use, such municipalities are limited to the erection of such needful buildings as may be required for public uses or for