In re Ferguson

Citations

• 80 Wash. 102
• 141 P. 322
• 1914 Wash. LEXIS 1277

Syllabus

<p>Sunday—Regulation of Theaters—Statutes—Authority of City. An ordinance of a city of the third class prohibiting the keeping open of theaters on Sunday is not inconsistent or in conflict with Rem. & Bal. Code, § 2494, making it unlawful to disturb the peace of Sunday by noisy sports or unnecessary labor, or Id., § 2499, prohibiting shows, plays and boisterous amusements that wilfully disturb religious assemblages; since nothing in those, or any other acts, expressly permit playhouses to keep open on Sunday.</p> <p>Sunday—Regulation of Theaters—Police Power of City. Under Const., art. 11, § 11, vesting in cities the power to make reasonable police regulations within their limits, and Rem. & Bal. Code, § 7685, subd. 21, authorizing cities of the third class to enforce within their limits, police regulations not in conflict with general laws, such a city has authority under its police power to prohibit the opening of theaters on Sunday, in the absence of any general law expressly permitting them to be opened.</p> <p>Same. The prohibition of opening theaters on Sunday is a regulation, and not a prohibition, of theaters, and hence is a valid exercise of the police power, even if the city is merely authorized to license theaters for the purpose of regulation and revenue.</p> <p>Sunday—Regulation of Theaters—Public Policy—Statutes— Construction. The repeal of a statute prohibiting the opening of theaters on Sunday, and the enactment of statutes prohibiting noisy amusement and disturbances of religious assemblages, impliedly permitted the opening of theaters on Sunday; but was not a deeláration of the policy of the state against the closing of theaters on Sunday; hence an ordinance closing them, under the police power of a city, is not void, as against the policy of the state.</p> <p>Constitutional Law—Police Power—Regulation of Business. An ordinance prohibiting the opening of theaters on Sunday is not an unreasonable exercise of the police power.</p> <p>Municipal Corpor