Comments from kencmcintyre

If you ever wondered how “Bank Night” worked in the 1930s, this case should answer your questions.

The Iris Amusement Corporation filed its amended complaint for injunction in the superior court of Cook county, seeking to restrain the mayor and commissioner of police of the city of Chicago from interfering with its conducting a gift enterprise known as “Bank Night.” Afterwards, the Balaban & Katz corporation and several other theatre owners intervened as co-plaintiffs.

In operating Bank Night, thousands of persons outside of the theatre in the surrounding neighborhood of the theatre registered their names in certain books kept for this purpose. Each name registered in the books was given a number. Patrons attending the theatre from time to time are also permitted to register their names in said book kept for the same purpose, which patrons who have so registered are also given a number. Any one desiring to register in said books may do so without paying admission or giving any consideration of any kind therefor. Duplicates of the numbers appearing in said registration book are placed on a small ticket approximately an inch square and all of said numbers contained on said tickets are placed in a small container. All persons whose names are so registered in said registration book, whether said registration was obtained outside of the theatre or in the theatre are notified that on certain days during the performance at a certain hour one of the tickets in said receptacle will be drawn out by some person chosen from the audience of the theatre and that the person whose name is registered in the book having the number corresponding to the number on the ticket so drawn would be given a substantial cash prize by the theatre operator, varying in amounts, and the winner of said cash prize or Bank Night need not be a patron of said theatre. The winner is announced to the audience of said theatre and is also announced to all persons standing outside said theatre. Any person standing outside of said theatre whose number has been called as a winner of said Bank Night is admitted into the theatre without any admission price or cost to him and is given the cash prize. At no time does any person whose name is registered in the book, whether registered outside of the theatre or inside of the theatre, pay any consideration for having his name so registered in said registration book.

Quite contrary to plaintiff’s argument, the element of price is present. As the Massachusetts court said, we may look at this thing realistically and sensibly. We know that those within the theatre pay for any chance anyone outside may have to win. Furthermore, we know that the chance of an outdoor participant is decidedly limited by the requirement that he reach the stage in a short time. We know that if any appreciable number of outside persons are to participate in the drawing they must loiter on the street, obstructing normal traffic, and that they must crowd the lobby and theatre exits to the danger of those within. The price for a fair and reasonable chance to win is the cost of a ticket of admission to the theatre, which is the object of the plan, and thus a lottery is completed, even under plaintiffs' own definition and contention.

Our public policy against lotteries expressed in two constitutions, in the Criminal Code, and in the ordinance before us, is much too firmly rooted to be evaded by any chimerical device. Our conclusion is that the operation of the scheme outlined in the amended complaint constitutes a lottery and that the plaintiffs have no standing in a court of equity for its furtherance or protection.

The superior court correctly dismissed the complaint for want of equity, and its decree will be affirmed.

Scroll down to the Lincoln Theater section on this site. They posted my CT photos from 2007, also linked to my photobucket account. I’m famous.
http://tinyurl.com/cvfgob

It reminds me of the Royal in South Philadelphia, or the Imperial in Inglewood, CA. Both sat empty and rotting for years, although the Royal has been saved. The Imperial was razed for a strip mall.

Here is a 1983 photo:
http://tinyurl.com/c6thg5

Here are two 1983 photos:
http://tinyurl.com/c6thg5
http://tinyurl.com/cbpudq

Here is a 1967 photo:
http://tinyurl.com/dfoygg

So it’s a facsimile of the old building.

Unless like they said, they tore down all the old parts and then much later rebuilt everything to look like the opera house. Still odd, though.

They do look like two different buildings, though.

I’m having a little trouble reconciling the 1948 exterior photo posted on 7/9/07 with the current photos of the building. I’m hoping that we’re not mixing up the Opera House with another stand alone theater called the Smyrna.

Artist’s conception from a January 2009 blog:
http://tinyurl.com/dfzagd

Looks a lot better there than when I saw it a few years ago.

1924 ad on Central Pier can be seen here:
http://tinyurl.com/dxmago