Exhibitors Herald and Moving Picture World (Jan-Mar 1928)

March 24, 1928 EXHIBITORS HERALD and MOVING PICTURE WORLD 19 Cecil Maberry Is Named Sales Head of Columbia Films (Special to Exhibitors Herald and Moving Picture World) NEW YORK, March 20— Cecil E. Maberry, widely known executive in distribution and sales in the film industry, has been appointed sales manager of Columbia. Before joining Columbia, he was district manager and later special representative for Pathe in the Chicago territory'. His initial motion picture affiliation was as a theatre owner in 1910, when he opened and managed several theatres in St. Louis. He was with Goldwyn Pictures for five years as branch manager in St. Louis and Chicago, district manager and vice-president in charge of sales. Joe Goldberg, formerly booking manager of West Coast Theatres, will join Columbia April 1, as West Coast sales manager. John C. Ragland, formerly in charge of this territory, is leaving Columbia to devote himself to other interests. Cecil E. Maberrjr Irish in San Francisco Hit Films Slurring Race (Special to Exhibitors Herald and Moving Picture World) SAN FRANCISCO, March 20.— A definite campaign against moving pictures ridiculing the Irish race was launched last week at a convention of the United Irish Societies, at which Will Hays was criticised for permitting such films to be made and shown. "The Callahans and Murphys" was mentioned specifically as an example. Supervisor Andrew J. Gallagher was appointed chairman of the campaign executive committee, with instructions to join committees in other cities and leaders of the Jewish people. The committee will protest to local exhibitors. Eastman Escapes Death When Fire Razes Coach George Eastman narrowly escaped death in Egypt when a fire swept two coaches, including the sleeping car in which the manufacturer and his party were returning from a hunting party in the heart of Africa, according to dispatches from Carlo. The loss of films was slight, all but two of the rolls having been shipped separately. Eastman fled from the blazing coach in his pajamas. Nora Bayes Dies (Special to Exhibitors Herald and Moving Pictwe World) BROOKLYN, March 20.— Nora Bayes, celebrated musical comedy and vaudeville actress, died here yesterday after a relapse from an operation. Nora Bayes, whose real name was Leonora Goldberg, was born in Chicago in 1880. Show Russian Scientic Film NEW YORK. — "Mechanics of the Brain," a scientific film made in Russia to illustrate the experiments of Professor Ivan Pavlov, Russian physiologist, was shown in the Engineering Auditorium, 29 West 39th Street, recently. Law Must Not Interfere with Religious Film, Judge Decides Censoring Production Like "King of Kings" Is Out of Question, Tennessee Jurist Holds — Herald-World Prints Text of Ruling on Censorship (Special to Exhibitors Herald and Moving Picture World) MEMPHIS, March 20. — The law has no right to attempt to interfere with a religious picture, Judge A. B. Pittman of the circuit court ruled in the decision which dissolved an injunction against the showing of "The King of Kings" at the Lyric theatre, of which Vincent Carline is manager. "Keep Religion and Law Separate" "If the courts ever embroil themselves into such controversies, the very foundations, in my opinion, of our govenment are beginning to crack," Judge Pittman stated in his opinion. "We must keep religion and law separate and apart." Judge Pittman declared that censoring such a production is "out of the question", and added that he did not believe the legislature ever intended that the censors "could censor books and preachings and picture shows because the censors didn't believe that they were the best on that particular subject." See Nationwide Precedent Exhibitors and others in the industry here saw the possibility of a nationwide effect upon censorship as a result of the precedent-setting decision, which, they agreed, clipped the wings of the local censor board. Captain Walter Chandler, city attorney and counsel for the censor board, declared the validity of the opinion will be tested before the state supreme court. Judge Pittman's opinion, in full, follows: "I have listened to more intelligent witnesses in this case than I have heard in any one lawsuit before. I have listened to witnesses who, to my mind (and it is rather refreshing) have told the truth. I was particularly impressed with the frankness of the statement of Rabbi Ettelson in this case. His testimony and the other testimony that I have heard here convinces me that this is a religious question that has been brought into the law court. Censorship Leads to Situation "The appointment of a censor board by a government, carried logically to its conclusion, where motion pictures are censored, is most certain to lead to situations like the present. "We have heard from a Lutheran minister, Baptist minister and a Jewish rabbi, on one side, and we have heard from representatives of the Catholics, the Methodists, the Presbyterians, the Episcopalians, and even a Unitarian, on the other side. And these men see this picture in a wholly different light. They see it through religious eyes. All of them look at it religiously. And then a court is called upon to determine this kind of a controversy. Not for Government to Handle "What Dr. Ettelson said I heartily agree with, and that is that nothing should be done that wo'uld tend to incite race or religious prejudice. Everything should be done, rather, to prevent that. And yet that is a religious thing. That is not a thing for government to handle. In all of the New Testament and the Four Gospels — and I have looked thropgh them for a period of years carefully to find one piece in the Gospels where Jesus ever called upon Caesar to help him in anything he undertook to do — one of the witnesses here, I believe the Lutheran minister, referred to that part in the Bible where Jesus was asked if it was lawful to pay tribute unto Caesar and he replied: 'Render untot Caesar the things that are Caesar's; and unto God the things that are God's.' Law Mast Not Interfere "To my mind that meant that Caesar, which is but another name for 'government,' should keep its hands strictly off of religious matters and, indeed, the very foundation of this government is that law must not interfere with religion. To my mind that is what was meant by this statement: 'Render unto Caesar the things that are Caesar's; and unto God the things that are God's.' "Too Sacred for Law" "Some things are too sacred for law to lay its profane hand upon. Religion is. "Now we have the attitude here of law undertaking to interfere in the religious picture and to say that it must stop because it does not please every one of the different religions in the world. Certainly if the picture was one that ridiculed or profaned religion, then, under the well settled authorities throughout the country, it could be stopped. But not one witness has testified that that is true of this picture. Dr. Ettelson himself says that the picture portrays fairly the life of Jesus insofar as it undertakes to do so. He says that the spirit of the Gospel is there but that his objection to it was that it would tend to bring sharply — challenge the attention sharply of those of the mob who are imbued with prejudice. Unfortunately, that is true. And there can not be a sermon preached in the pulpit in America today on the subject of the betrayal and the crucifixion of Jesus Christ, but what there is some comment on some question and feeling against the Jews might arise. But, as he frankly says, the broad-minded and liberal people of the world have gotten away from that. Not an Immoral Picture "Another minister objects to it on the ground that he is opposed to any portrayal of a human being of Jesus. "Certainly that difference of opinion between these men as to the proipriety of those things is not a question that the law should step in and deal with. "This picture is evidently — it is impossible, from the testimony I have listened to in this court room, that it is an immoral picture. It is impossible that it is inimical to public safety. Indeed, it might be inimical to public safety if the law laid its profane hand upon a religious ceremony and undertook to stop it. Men are more tolerant of interference by men of other beliefs than they are tolerant of interference by government with their beliefs, and whenever the law steps in to decide between persons of different religious leanings, then trouble begins to arise, and then the danger olf riots and revolutions must arise. Time and time again in this court we have been called upon to determine between members of a church but never before has it been presented here where members representing different churches were widely differing with each other about the propriety of a picture which is essentially religious and should be a sacred affair. Highest Court to Decide "It is simply unbelievable that the leading members of this community and of the religious life of Memphis woAild come into this court and testify that this picture was a beautiful and sacred and Christian making production when it was a thing that was inimical to public safety and immoral. It could not be. And the judgment of this court is unhesitatingly that the certiorari is granted and the supersedeas made permanent. And I think indeed it is fortunate that the question has arisen this early, that it may be settled by the highest court in this state and determined whether or not the judges of the court must be compelled to censor the pictures. To censor a picture of this character, to my mind, is simply out of the question. To censor any picture is a matter that some folks might rush into where angels fear to tread. Sees Danger to Government "If you take literally, and carry it to its logical conclusion, the act of the legislature which empowers the city to censor any picture 'and forbid it if it is inimical to public welfare, how far is that to go and where is it to stop? What is public welfare? I do not believe that the legislature ever had in mind that it was intended that they could censor books and preachings and picture shows because the censors didn't believe that they were the best on that particular subject. Indeed, carried to its logical conclusion, the Baptists could censor the Presbyterians, and the Presbyterians stop the Baptists from preaching because they are not altogether. And one of the witnesses testified that in his opinion it was inimical to public welfare to show at all a sacred picture of this kind undertaking to portray the life of Jesus and the activities of Jesus. "And if the courts ever embroil themselves into such controversies of that kind, the very foundations, in my opinion, of our government are beginning to crack. And we must keep religion and law separate and apart. Prejudice Held Meanest Thing "But I want tooi, in conclusion, to concur with Dr. Ettelson in my opinion that we ought all do all that we can to prevent inciting race prejudice. To my mind it is the meanest and littlest thing in human nature, racial or religious prejudice. "And with that statement, I grant the petition and make the supersedeas permanent, and hope that the city attorney will take the matter to the supreme court to the end that it may be determined if the circuit courts have got to censor pictures."