Claim the Act of 1876 Gives Towns No Control Over Construction of Buildings
THE FULL TEXT OF THE ACT
The borough officials today expressed the opinion that the state factory inspector's department has given a wrong interpretation to the act of 1876, when they hold that boroughs may exercise authority over public amusement, such as theaters, balls and the like.
A. Sheldon, president of the town council, said: "the borough could enact an ordinance requiring the doorway at the street entrance to the Opera house to be five feet wide, but that is already covered in an act of the legislature. The borough, for that matter, could require a width of more than five feet, but the ordinance would not hold."
Burgess W. H. Dunlap, who was seen later, expressed the same opinion. The borough, under an act of 1876, have the power to regulate, license or prohibit theatrical exhibitions, concerts, shows, etc., but nothing in the act refers to the building in which such exhibitions are given.
The act of 1876 reads as follows:
"An Act conferring additional powers upon the several boroughs and incorporated towns in the commonwealth.
"Section 1. Be it enacted, etc., That every borough or incorporated town heretofore incorporated or hereafter to be incorporated within this Commonwealth, shall, in addition to the powers already granted or to be granted, have the right or authority to regulate, license or prohibit theatrical exhibitions, concerts, circuses, shows, mountebanks and jugglers and all other exhibitions within the limits of said boroughs or incorporated towns.
"Section 2. For the purpose of carrying this act into effect, every borough or incorporated town within this Commonwealth, shall have powers by its proper officers to pass such ordinances or by-laws as may be necessary for that purpose, and also to impose fines to be collected by an action of debt or penalties to be enforced by summary conviction as for a breach of the peace, before alderman, magistrate or justice of the peace of said boroughs or incorporated towns.
Approved the 5th of May, 1876."