Times Film Corp. v. Commissioner of Public Safety
Cases that cite this one
10 later published cases cite this decision.
- Morgan v. Town of Stoughton (Mass. App. Ct. 1984)
- Boston Teachers Union, Local 66 v. City of Boston (Mass. 1981)
- Town of Alford v. Southern Berkshire Regional School District (Mass. App. Ct. 1974)
- Wolf v. Commissioner of Public Welfare (Mass. App. Ct. 1974)
- Bennett v. Board of Assessors of Whitman (Mass. 1968)
- Opinion of the Justices to the Governor (Mass. 1968)
- Oleksak v. City of Westfield (Mass. 1961)
- Alves v. Town of Braintree (Mass. 1960)
- Mosey Cafe, Inc. v. Mayor of Boston (Mass. 1958)
- Mosey Cafe, Inc. v. Licensing Board for the City of Boston (Mass. 1958)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
On the merits this case is governed by Brattle Films, Inc. v. Commissioner of Public Safety, ante, 58. The petitioner, which is a distributor of motion pic *63 ture films and the owner of distribution rights in two specified films, brings this petition for a writ of certiorari to quash the action of the respondent in failing to approve in writing the films for exhibition on the Lord’s day pursuant to G. L. (Ter. Ed.) c. 136, § 4. 1 The case was reserved and reported without decision by a single justice.
The respondent contends that the only action of his which is here brought into question relates to a mere advisory opinion as to what may be expected in the future. It is suggested that the application contemplated by the statute is one by the particular theatre which intends to exhibit a particular film on a particular Sunday. However that may be, we think that it would be hardly worth while to decide this procedural question. In the Brattle Films case we have decided that § 4 is unconstitutional as applied to the facts in that case. That is enough to dispose of the merits of this matter for all practical purposes. It is not to be assumed that the respondent, who is a public officer and a defendant in the Brattle Films case, will not carry out his duty under the law. Brookline v. Co-Ray Realty Co. Inc. 326 Mass. 206, 214. Mayor of Gloucester v. City Clerk of Gloucester, 327 Mass. 460, 464-465. City Manager of Medford v. Civil Service Commission, 329 Mass. 323, 331.
The petition is to be dismissed without prejudice.
So ordered.
Later amendments are not material. St. 1945. c. 575. St. 1953, c. 596. St. 1954, c. 303.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.