121 Pa. 225 | Pa. | 1888
Opinion,
Although the facts are somewhat meagrely presented in the case stated, the single question sought to be raised for the determination of this court is, whether or not the performance of an opera may be properly regarded as a theatrical exhibition, within the meaning of the act of April 16, 1845, P. L. 533, and other acts of assembly subsequent thereto, providing that no “ theatrical exhibition ” shall be allowed in this state without a license first had and obtained, fixing the price of such license and providing for the manner in which it may be obtained.
A theatre, among the ancients, was an edifice in which spectacles or shows were exhibited for the amusement of the spectators ; but in modern times a theatre is a house for the exhibition of dramatic performances: a theatrical exhibition
It is contended on part of the defendant, that the essential element of the opera is music, and of the drama, plot and action, dialogue and declamation; that the music of a modern opera is not simply an accessory to the play; that the libretto is but a peg on which to hang the music ; that an opera is essentially a musical work, and its performance cannot be called a dramatic representation, and in that sense a theatrical exhibition. A quotation from Zell’s Encyclopaedia, to this effect, is given in support of this contention. Whilst this may be true as to the works of some of the composers of opera music,
The opera is essentially and in every point of view a dramatic composition and its representation a dramatic exhibition. It is a matter of common knowledge that some of the most famous dramatic characters of modern times have developed their exquisite powers upon the operatic stage. It may of course be conceded that music is in some sense an essential element in the opera ; in this respect it is distinguished from the spoken drama, but the fundamental and really essential element of both is action.
The opera house and the theatre alike comprehend the stage, proscenium, boxes, orchestra, pit or parquet, and the galleries; the scenic representation is of the same general character, and the stage machinery and decorations of the same order. The ordinary theatre is adapted to the performance of the opera, and it is well known that this form of exhibition, . especially of the light opera and the opera comique, rendered “ partly in song and partly in dialogue ” forms in
The legislature having determined as to the propriety and policy of requiring a license fee for all theatrical exhibitions, it would be difficult to state any reasonable ground for a distinction between the spoken and the lyrical drama, which would justify the exaction of a license fee from one and the exemption of the other. They are exhibitions of the same general character, and there is no reason why one should bear the public burden more than the other. Both are places of popular amusement, and both collect large assemblages of the people and require additional police protection. These considerations are proper in determining the intent of the legislature.
It may be that in the discussion of this case we have gone out of the record somewhat. In this we have followed the example of the learned and able counsel in the arguments which they have submitted. We have passed upon the question, however, which was sought to be raised, and this is doubtless what was. desired. We are of opinion that the court erred in entering judgment for the defendant on the case stated.
The judgment is therefore reversed and judgment is now entered for the plaintiff in the sum of five hundred dollars, and costs.