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CITY OF CHICAGO, ILL. v. KIRKLAND

No. 5658.

79 F.2d 963 (1935)

CITY OF CHICAGO, Ill., et al. v. KIRKLAND et al.

Circuit Court of Appeals, Seventh Circuit.

November 21, 1935.

Attorney(s) appearing for the Case

Barnet Hodes, Corp. Counsel, and Joseph F. Grossman, and William V. Daly, Assts. to Corp. Counsel, all of Chicago, Ill., for appellants.

John L. McInerney, of Chicago, Ill. (Bernhardt Frank, of Chicago, Ill., of counsel), for appellant Edward J. Kelly, Mayor.

William C. Boyden, Jr., David A. Watts, Harold M. Keele, and Don M. Peebles, all of Chicago, Ill., for appellees.

Before ALSCHULER and SPARKS, Circuit Judges, and LINDLEY, District Judge.

LINDLEY, District Judge.

Under the ordinances of the city of Chicago, the mayor is authorized to issue and revoke licenses to theaters. The authority to revoke is conditioned upon the existence of the fact that the licensee has violated or is violating the city ordinances or state statutes. The mayor, having witnessed the production of the play "Tobacco Road," found the same to be indecent and degrading, and the production of same, therefore, to be a violation of...

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