Here is an April 1937 court case. I took out all the legal arglebargle.
Appellees were charged with violating Ordinance 397, Section 3, of the Municipal Ordinances of Roswell, in permitting a lottery device to be conducted in the place of business operated by the appellees. The place of business is the Yucca Theatre, owned by R. C. Griffiths Theatres, Inc., and the alleged lottery device is what is commonly known as “Bank Night.” In the police magistrate’s court the appellees were found guilty and fined $ 25 each. They appealed to the district court where the cause was tried de novo. The district court ruled that:
The device complained of does not constitute a lottery device in that the participants in ‘Bank Night’ pay nothing to either register or participate in the drawing, it being equally free to those who do not even purchase a ticket as to those who do purchase a ticket, there being no consideration for the chance to win, and as a conclusion the court finds no violation of the ordinance."
The court discharged the appellees, dismissed the complaint, and the City of Roswell prosecutes this appeal from such judgment. The Attorney General enters his appearance amicus curiae in support of the City of Roswell.
The spirit of gambling, the squandering of savings, the evils aimed at by our lottery statute, can no more be found in “Bank Night” than can be found in the numerous advertising schemes seen daily where thousands of dollars are given away as prizes to “slogan coiners” or “lucky guessers” who send to the manufacturer a wrapper from a can of soup or bar of soap.
Although signing one’s name in a book or appearing at the theatre within five minutes of the time of the drawing might be regarded as consideration, it cannot be called “pay” without warping the word out of all recognition. It clearly is not a game of hazard in which small sums of money are ventured for the chance of obtaining a larger value in money or other articles."
For the reasons given, the judgment of the trial court will be sustained.
Here is part of a September 1941 article in the Helena Independent:
Manager Jack Edwards of the Marlow Theater and Frank Pratt of the Rio Theater announce the opening today of the Fox-Intermountain theaters “Let’s Go to a Movie” month. Both the Marlow and Rio theaters will participate actively in this campaign.
The “Lets Go to a Movie” month will be far more significant to the community than the usual “Greater Show Season,” Edwards said. “We are all aware of the unique place the motion picture theater holds in the community, and in this campaign we are making sure the theaters live up to their responsibility.”
The “Let’s Go to a Movie” month was set to begin Sept. 15, this year, because our finest pictures will be released during the next 45 days. Among the exceptional pictures coming to the Marlow theater during this period are, “Hold That Ghost,” with Bud Abbott and Lou Costello, “Sun Valley Serenade,” with Sonja Henie, John Payne and Glenn Miller and his orchestra, “Tom, Dick and Harry,” with Ginger Rogers, “Belle Starr” in technicolor and starring Randolph Scott and Gene Tierney, “Dive Bomber,” with Errol Flynn and Fred MacMurray, “Dr. Jekyll and Mr. Hyde,” with Spencer Tracy, “When Ladies Meet,” with Joan Crawford and Robert Taylor, “Lady Be Good,” with Eleanor Powell, Ann Sothern and Robert Young, “A Yank in the R.A.F.,” with Tyrone Power and Betty Grable, “Aloma of the South Seas” in technicolor and starring Dorothy Lamour and Jon Hall, “Sergeant York,” with Gary Cooper, “Parachute Battalion,” with Robert Preston and Nancy Kelly, “Wild Geese Calling,” with Henry Fonda and Joan Bennett, “Navy Blues,” with Ann Sheridan, Jack Oakie, Martha Raye and Jack Haley, and the picture the whole world is waiting to see, “Citizen Kane,” with Orson Welles.
Here is a 1975 photo. Interesting looking place.
http://tinyurl.com/dzrrgx
Here is a 1985 view of the mall:
http://tinyurl.com/coycaa
Here is a 1983 photo when the theater was showing Spanish language films:
http://tinyurl.com/crkevt
Here is a 1986 photo of theater as supermarket:
http://tinyurl.com/dmlva4
Here is a 1985 photo:
http://tinyurl.com/cdvav4
Here is a 1982 photo:
http://tinyurl.com/cldlx2
Here is a 1986 photo:
http://tinyurl.com/cwf5do
Here is a 1982 photo:
http://tinyurl.com/c7woo2
Here is an anti-renovation viewpoint:
http://tinyurl.com/cw4cw9
Here is a 1982 photo:
http://tinyurl.com/d264ue
Here is a 1983 photo:
http://tinyurl.com/c62ajk
Here is a 1986 photo:
http://tinyurl.com/ceyrjs
Here is a 1982 photo:
http://tinyurl.com/dg67xr
Here is a 1986 photo of the Stamm:
http://tinyurl.com/dn5tkb
Here is a 1984 photo. The aka of Fox Cinema II should be added.
http://tinyurl.com/d4zpho
Here is a 1983 photo:
http://tinyurl.com/ck9t9m
Here is a 1981 photo:
http://tinyurl.com/d3xvxm
Here is a 1981 photo. You can Metropolitan engraved at the top:
http://tinyurl.com/chjowt
Here is a 1983 photo:
http://tinyurl.com/dk7zya
Here is a 1983 photo:
http://tinyurl.com/dkh7ok
Here is a 1981 photo:
http://tinyurl.com/cswwtx
Here is an April 1937 court case. I took out all the legal arglebargle.
Appellees were charged with violating Ordinance 397, Section 3, of the Municipal Ordinances of Roswell, in permitting a lottery device to be conducted in the place of business operated by the appellees. The place of business is the Yucca Theatre, owned by R. C. Griffiths Theatres, Inc., and the alleged lottery device is what is commonly known as “Bank Night.” In the police magistrate’s court the appellees were found guilty and fined $ 25 each. They appealed to the district court where the cause was tried de novo. The district court ruled that:
The device complained of does not constitute a lottery device in that the participants in ‘Bank Night’ pay nothing to either register or participate in the drawing, it being equally free to those who do not even purchase a ticket as to those who do purchase a ticket, there being no consideration for the chance to win, and as a conclusion the court finds no violation of the ordinance."
The court discharged the appellees, dismissed the complaint, and the City of Roswell prosecutes this appeal from such judgment. The Attorney General enters his appearance amicus curiae in support of the City of Roswell.
The spirit of gambling, the squandering of savings, the evils aimed at by our lottery statute, can no more be found in “Bank Night” than can be found in the numerous advertising schemes seen daily where thousands of dollars are given away as prizes to “slogan coiners” or “lucky guessers” who send to the manufacturer a wrapper from a can of soup or bar of soap.
Although signing one’s name in a book or appearing at the theatre within five minutes of the time of the drawing might be regarded as consideration, it cannot be called “pay” without warping the word out of all recognition. It clearly is not a game of hazard in which small sums of money are ventured for the chance of obtaining a larger value in money or other articles."
For the reasons given, the judgment of the trial court will be sustained.
It is so ordered.
The inscription at the top of the theater says “Arthorp Building”.
Here is part of a September 1941 article in the Helena Independent:
Manager Jack Edwards of the Marlow Theater and Frank Pratt of the Rio Theater announce the opening today of the Fox-Intermountain theaters “Let’s Go to a Movie” month. Both the Marlow and Rio theaters will participate actively in this campaign.
The “Lets Go to a Movie” month will be far more significant to the community than the usual “Greater Show Season,” Edwards said. “We are all aware of the unique place the motion picture theater holds in the community, and in this campaign we are making sure the theaters live up to their responsibility.”
The “Let’s Go to a Movie” month was set to begin Sept. 15, this year, because our finest pictures will be released during the next 45 days. Among the exceptional pictures coming to the Marlow theater during this period are, “Hold That Ghost,” with Bud Abbott and Lou Costello, “Sun Valley Serenade,” with Sonja Henie, John Payne and Glenn Miller and his orchestra, “Tom, Dick and Harry,” with Ginger Rogers, “Belle Starr” in technicolor and starring Randolph Scott and Gene Tierney, “Dive Bomber,” with Errol Flynn and Fred MacMurray, “Dr. Jekyll and Mr. Hyde,” with Spencer Tracy, “When Ladies Meet,” with Joan Crawford and Robert Taylor, “Lady Be Good,” with Eleanor Powell, Ann Sothern and Robert Young, “A Yank in the R.A.F.,” with Tyrone Power and Betty Grable, “Aloma of the South Seas” in technicolor and starring Dorothy Lamour and Jon Hall, “Sergeant York,” with Gary Cooper, “Parachute Battalion,” with Robert Preston and Nancy Kelly, “Wild Geese Calling,” with Henry Fonda and Joan Bennett, “Navy Blues,” with Ann Sheridan, Jack Oakie, Martha Raye and Jack Haley, and the picture the whole world is waiting to see, “Citizen Kane,” with Orson Welles.
It reminds me of the Raymond in Pasadena.