The Moving Picture World (January 1908)

THE MOVING PICTURE WORLD do original work. They have their own photographers, who pose their own'groups, take their own original negatives and'create color schemes. Against this-there are a dozen:manufacturers who never see an original negative,-and wouldn't know what to do with it if, they did. These concerns are the pirates. They wait for a real manufacturer to place a song series on the mar- ket and then reproduce it, sometimes taking title, slide and alL "The brginal.cost of these stolen pictures is about die.cost of an amateuYs photographic outfit, and the cost of coloring by hand by the poorest paid daubers. No wonder they undersell us. "But when we shall have organized, we will systematize the business and arrange for distribution of goods .in such a way that these methods will no longer be tolerated." SUNDAY IN NEW YORK. Are illuminated views produced by stereopticon slides moving pictures? • '' Again, if such views are moving pictures are. they forbidden by the Penal Code when accompanying a lecture, sacred or educa- tional? These two questions are now being^eonsidered by Magistrate Wahle as a result of the lecture on "Panama delivered by John Floyd Hume twice Sunday, December 32, in the Colonial Thea- ter. .-■'. .•■■ Rigidly following Commissioner Bingham's instructions after being given the Corporation Counsel's opinion on the Doull ordinance, Police Captain Farrell advised the management' of the Colonial that Mr. Hume: most not show any moving pictures. Percy G. Williams, ■ proprietor of the Colonial, insisted that the stereopticon views accompanying Mr. Hume's lecture didn't violate the law. Captain Farrell finally permitted the stereopti- con slides to-be worked, but summoned to court Mr. Hume, David Robinson,, manager of the theater; Edward O'Neil, the treasurer, and W. Springer, the operator. In court Monday Magistrate .Wahle.adjourned the case so that the-police could be represented, by a- lawyer. December 26 William E. Murphy appeared as counsel for Cajj- tain Farrell, and William Grossman for those summoned in his capacity as attorney for the Sunday theater managers. Captain Farrell asked Magistrate Wahle for warrants, and de- scribed the pictures shown by Mr. Hume^ Policemen in uni- form and a railroad train were among the views. The court asked if these were moving when shown, and Captain Farrell said they Were not, ■ Mr. Murphy contended that an exhibition of pictures, such as Mr. Hume gave, was distinctly forbidden by the Penal Code No ordinance, Be contended, could therefore permit such pictures to be shown. ■ The managers are willing to concede that stereopticon views are identical with moving pictures under the law, and on' this issue seek to make a test case. Mr. Grossman asserted that such pictures are not forbidden by the Penal Code and are permissible under the Doull ordinance. - \.-■-■ Magistrate Wahle requested both lawyers to submit brief s, and announced that he would give his decision in a week. ' !_•£■?*.'■ .'■.s . ■'* * * "' Gustavus Rogers, counsel for Sol Brill and William Fox, proprietors of moving pictures at Nos. 700, 880 afid 1155 Broad- way, Williamsburg, asked Justice Carr, hi the Supreme Court, Brooklyn, recently to adjudge Police Commissioner Bingham, Deputy Commissioner CKeeffe and others of the Police De-. partraent in contempt of court for alleged violation of an in- junction, granted by Justice. Marean against interfering with the shows. . * . Mr. Rogers'tried to show that "in taking the names and ages of some of the spectators at the Sunday performances the.police had frightened away persons who were afraid of being called upon as witnesses. ■ Assistant Corporation . Counsel Edward Laaansky argued that the police had done nothing to" violate the injunction. First fruits of victory, of the Moving Picture Association were seen Saturday, December 28, when Supreme Court Justice Grcen- baum issued the very unusual writ known in legal phraseology .as a "Bill of Peace," directing the police to refrain from disturbing moving picture: shows and so-called sacred and educational lec- tures.on Sunday. , . . - The "Bill of Peace" is known also as an "omnibus injunction, as it applies not only to the person who obtains it, but to every- body in the community who is similarly situated... The writ was ; obtained by Lawyers Gustavus A. Rogers, Thomas Gilleran, McDonald & Bostwick and Stephen B. Rosen- thal in behalf of sixty-one members of the Moving Picture Asso- ciation. .-■■"'-"■"- '. : This association has no.members, .but it was not deemed nec- essary to name all in the application in view of the fact that all rnovtri^ "picture shows in the city-would.-be protested, even though the "Bill of Peace" had been obtained by only one. •£:There are in the city between 400 and 500 moving.picture shows. r In dicusstng the Writ, Justice* Grechbamh; said to the lawyers: "The writ applies to every exhibition of this kihiL whether, it is sacred or c-Oucatioaal, so lone as'itis nsoral." \ Submitting letters from the late Archbishop Cbrrigan, Arch- bishop Paul, of Montreal,, the. Archbishop. of Quebec and Lord and Lady Aberdeen, commending her. tnovihg' picture exhibition of the Passion Play, Comtesse Marie d'Hautenois to-day obtained from Supreme Court Justice Greenbaum an injunction restraining the police from interfering with her exhibitions in Sixth avenue and in Broadway. The Comtesse alleged m her petition to the court that she was a devout Roman Catholic and would allow no exhibition that was not perfectly moral. She said she had invested $60,000 in her moving picture busi- ness and has a daily expense of $110. She was represented by Lawyers Franc, Neuman and Newgrass, of No. 43 Cedar street. ■ : ■*.-'* *■'''... There will be an open Sunday/ was the declaration of Police Commissioner Bingham after, he had received notice of seventy- nine injunctions issued by the Supreme Court prohibiting the Police Department from intertcring .With the operation of various moving picture shows. ■■-..; ',.; v, „ "The Police Department will obey these injunctions," said Com- missi6ner Bingham. "I don't know what to tell my inspectors to do, so I am not going to tell tbera to do anything. Theaters and other' 1 places of amusement will not be interfered with by the police." ' ;• .■ On Monday, December 30, William E. Murphy, of the Police Department's legal bureau,; told Magistrate Barlow in Jefferson Market Court to-day that he believed the DooD ordinance invalid because it conflicts with the Penal Code. Miss Mattie Thompson, of No. 2763 West Third street, Coney Island; Morris Bernard, of No. 157 Suffolk street, and Barney Archer, of No. 50 East One Hundred and' Fifteenth street, were before the Magistrate charged with running the Comedy Theater, at No; 46 East Four- teenth street, on Sunday. , "Your honor," said Mr. Murphy, "the Penal Code covers these cases, I believe. I am about to submit briefs to Magistrate Wahle in Yofkville Court on this point, and I should like to have the case adjourned so that I can prepare one for you. I don't think the Board of Aldermen can repeal the Penal Code." •. Magistrate Barlow accordingly set the hearing for Friday, when Magistrate Kernochari will consider the case. ■ ' ■ - ■ *",";♦ * ■• On Simday, the police, under, injunctions issued. Saturday by Justice Greenbaum, were restrained from interfering with scores of "sacred and educational lectures illustrated by. stereopticon views and moving pktures." Managers of vaudeville shows were forced to live up to the letter of the law and gave exceedingly tame performances. . . Nearly all the promoters of moving picture entertainments availed themselves-of the injunction privilege and their nouses were packed. The fine weather brought out thousands of citizens, and the penny arcades were also well patronized. The police were on hand to see that the sidewalk "barkers" kept their peace and that phonographs were shnt off. ' - ~L_ The real sufferers were the vaudeville managers. They were forced to make ud their bills of ringing, talking and. instrumental acts in which the performers wore street costumes. In most cases the attendance was light and it was-a lucky house which did not lose a!substantial sum. ' -T will give the public just two more chances to patroiure my. concerts," said one of the older managers. "If there is not a big advance in the sales in that time I am going to close-v.9 on Sundays. My receipts have dropped $700 a night since the de- cision of Justice O'Gorman closmg us up on the Sabbath, and the other managers are in the same boat. The public vised to get fine entertainments Sundays, and it will not stand f those we are forced to give now. You can't blame them, cither.' Several other managers are thinking of closing on Sundays. As the contracts now stand, performers practically work Sunday nights for nothing. Thus the Sunday concert receipts have been "velvet." ' ':■'.■ ^- ■ :-' '■"■ -,.-■• ■*__*,*-■ December 3a—Justice Butts upset the Aldermanic ordinance known as the Doull act, modifying the Puritanical Sunday clos- ing law: He ruled that.the Aldermen have no authority to: amend the Penal Code, a kwoftthe State. ^ >i Joseph M. Goldstein, the proprietor, and aHarry Rosen, the, operator of a moving picture show...at No-: 435 East. Houston street,! were brought before the Magistrate tot violating ; the