The law of motion pictures (1918)

BENEFIT PERFORMANCES — PRIVATE EXHIBITIONS 259 charity. As these performances are often held on Sunday, the question arises whether, in states where Sunday performances are prohibited, these classes of performances are exempt. In some of the states performances or exhibitions for charitable or benevolent purposes are expressly permitted to be given on Sunday. In Koelble v. Woods ,83 an outdoor celebration, consisting of foot-races, bicycle and motorcycle races was stopped by the authorities. In proceedings brought to restrain the Police and Sheriff, the court held that the fact that proceeds were to be given to charity did not give the promoters the right to violate the law. But this was clearly an “outdoor” sport or exhibition, and there was no exemption in the New York statutes for that kind of entertainment. A performance of that nature is not taken out of the statute because the expenses of the house are paid. The test is whether the proceeds derived from the sale of tickets are devoted to charity.84 Where a benefit performance had been scheduled to take place, and there was a breach by the theatre owner, the association giving the performance could not recover where it had suffered no damage.85 83 Koelble v. Woods (1916), 159 benefit performance at its theatre. N. Y. Supp. 704. Subsequently, and after plaintiff 81 Commonwealth v. Alexander had sold many of the tickets, (1904), 185 Mass. 551; 70 N. E. defendant rescinded the contract. 1017. t Held, that since plaintiff had 85 Jackel v. Nixon & Zimmer refunded all the moneys for the man (1907), 33 Pa. Sup. Ct. 30. tickets so purchased of it, it Plaintiff, an association, con could not recover, tracted with defendant for a