MARINE CORPS LEAGUE v. BENOIT

No. 3943.

96 N.H. 423 (1951)

MARINE CORPS LEAGUE & a. v. JOSEPHAT T. BENOIT, Mayor & a.

Supreme Court of New Hampshire.

February 6, 1951.


Attorney(s) appearing for the Case

Sheehan, Phinney & Bass and Samuel A. Margolis (Mr. Phinney orally), for the plaintiffs.

J. Francis Roche, city solicitor (by brief and orally), for the defendants.


JOHNSTON, C. J.

The purpose of the ordinance is shown by its section 3. It is to the effect that any centralized music reproducing system and any coin-operated music reproducing instrument or coin box that is maintained in any business establishment or building in the city of Manchester shall be so regulated that there shall be no reproduction of recordings of a lewd or indecent nature.

The defendants readily admit that the city has no power to levy the stated...

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