Show World (May 1909)

10 THE SHOW WORLD May 8, 1909. PATENTS CO. KILLS TWO BAD MEASURES. One in New York Senate Prohibiting Use of Celluloid Film and An¬ other in Jersey Legislature. New York, May 3. Last week the Motion Picture Pa¬ tents Company accomplished a very important work for both exhibitor, exchange and the picture-loving pub¬ lic, when it succeeded in killing a bill in the state senate which, if passed, would have closed every picture thea¬ ter in New York state. The bill made it a misdemeanor to use celluloid films in any moving picture machine, apparatus or device. Now comes the announcement from the same concern that it has brought about the death of a bill in the New Jersey Legislature which would have made it a misdemeanor for an ex¬ hibitor to admit girls under 16 be¬ tween the hours of 6 p. m. and 8 a. m., and girls under 14 at any time of the day unless accompanied by parent or guardian. The Patents Company contends that, under the re¬ forms which it is bringing about, such as the “censored” films, clean, well ventilated theaters, and lights on dur¬ ing the show the motion picture of¬ fers advantages of education and en¬ tertainment especially desirable for children, and believe this principle should be encouraged.—WALTER. Jay Mastbaum in Cincinnati. Cincinnati, O., May 5. It was erroneously stated in these columns last week that Jay Mastbaum was manager of the four Harry Davis picture houses in Philadelphia, a posi¬ tion which he occupied since their in¬ ception, but which he gave up a few weeks ago to take the management of the Bijou here, a combination vau¬ deville and picture house, operated by the Lincoln Amusement company. The Bijou has been highly success¬ ful under Mastbaum’s management; so successful indeed that the Lincoln Amusement company will probably make him manager of the new house which they are ready to build in New York city, where a site has been se¬ lected in Eighth avenue between Fortieth and Forty-first streets. Ac¬ cording to the present plans this house will cost $200,000, and will no doubt be the finest combination pic¬ ture and vaudeville' house in Gotham. To Secure Views. Webster City, la.. May 6. Omaha business men will begin a tour of western and central Iowa in a special train May 18. They will carry with them a moving picture out¬ fit and will take moving views in every city they visit. The Chicago Film Exchange has arranged to use the pictures in all the principal towns in this section. In the fall all of them will be used at the big Ak-Sar-Ben festival in Omaha.—TUCKER. Pictures at Myers Theater. Janesville, Wis., April 29. Myers theater opened yesterday with what is claimed to be the finest moving pictures and illustrated songs ever presented in this city. New pic¬ tures will be presented every even¬ ing, each entertainment to last one hour or longer and the price of ad¬ mission, 10 cents.—SMITH. Kleine Shifts Gotham Office. New York, April 30. Monday the offices of George Kleine and the Kleine Optical Com¬ pany will be moved from 662 Sixth avenue to 19 East 21st street.—WAL¬ TER. Will Use Swanson’s Films. The Grace Hayward Stock com¬ pany, which opens a fifteen week’s engagement at Lincoln, Neb., May 24, will use Swanson’s films as a fea¬ ture of the added attractions. Hackett in Vaudeville. « William Morris has secured James K. Hackett, who will open in New York on May 17. PICTURE SHOWS MAY OPEN SUNDAYS NOW Judge Carr Decides Against New York Mayor Regarding This Point But Concert Licenses Are Still Doubtful. New York, May 1. Mayor McClelland, who acted in con¬ junction with Commissioner of Police Theodore A. Bingham in closing local picture houses on Sunday and inserting a six-day clause in the license of new houses since the edict went forth, has lost out in the Supreme Court, where Judge Carr decided that the mayor was in the wrong. The Moving Picture Ex¬ hibitors’ Association, the International Vaudeville Company, the People’s Vau¬ deville and the William Fox Amusement company applied for and were granted injunctions restraining Mayor McCel- land from revoking licenses of the mov¬ ing picture places which kept open on Sundays some time ago. Following this every applicant for a license was com¬ pelled to agree not to open his house on Sunday. Most of the applicants asked for a concert licnse in conjunc¬ tion with the regular show license, in order to operate vaudeville and songs. The mayor instructed that no concert license should be issued to such as had been granted a license for show pur¬ poses and later he agreed that concert licenses might be issued to such as held show licenses, provided the concert li¬ cense contained the non-Sunday clause. The Fox Company Case. The case of the William Fox Amuse¬ ment company was the first to be called. Its license expired January 9. It re¬ fused to accept the form of license ap- ■ proved by the mayor. The company entered into mandamus proceedings, Judge Thomas of the Supreme Court of Brooklyn decided against the company. The decision was handed down March 26. Thereupon the Fox company began action to compel the mayor to issue a seven-day license without restriction. Judge-Gaynor issued a temporary in¬ junction. This case related only to the show license and in order to test the concert license a case known as San- wick vs. Bingham was instituted. A temporary injunction was also granted in this case. It is probable that an ap¬ peal will be taken in the matter of the .concert license, but otherwise, the pic¬ ture house may run on Sundays and it is quite probable that the regular thea¬ ters will take advantage of Judge Carr’s decision and will open their doors on the Sabbath. The decision by Judge Carr, was Cullen Bill is Killed. Albany, N. Y., April 30. The Cullen bill, which aimed at the extinction of all moving picture houses in this state and which was rushed through the Senate, was killed today after strenuous work upon the part of the Board of Censorship and other moving picture interests. Its opponents pointed out that it was the most dangerous measure which had been introduced into the State Assembly for some time, and they had no hesitancy in intimating that its sponsors either had their “hands out” or else were behind some inflammable film concern which was as yet unknown. A $20,000 Picture House. Minneapolis, May 1. Harry H. Green, a local jeweler, has obtained a 15-year lease on property at 305-307 Hennepin avenue this city and will erect a moving picture house. It is designed by Harry Carter, archi¬ tect of the Metropolitan, Princess and Lyric theaters, will cost $20,000 and seat 500. The building will be 44x115 feet with 29 foot ceiling. They expect to open about Aug. 15. D. J. LaBar will be the manager.—BARNES. handed down in the case of Robert J. Cluse vs. Theodore A. Bingham and said, in part: “Most of the moving picture shows are classifiable as dramatic perform¬ ances, verging from their most common form of farce comedies to the grue¬ some tragedy. This much has been held by the United States Circuit Court of Appeals under the copyright law in Har¬ per Brothers vs. the Kalem Company (New York Law Journal, April 13, 1909). “Of course there may be and doubt¬ less are moving picture shows which do not constitute dramatic representation; but in any event the Penal Laws of this State should not be so construed as to discriminate between different forms of the same kind of public entertainment, for apart from the statute one is as in¬ nocent as the other. A person should have such legal right to give a public dramatic performance on a Sunday with living speaking personages as actors as another has to employ for the same pur¬ poses either lay figures or photographic representations. “In the granting of a license the may¬ or is vested with a proper discretion with which the courts should not inter¬ fere. This discretion, however, ex¬ cludes the idea of the exercise of the power in such manner as to be arbitra¬ ry. Wherever such discretion is exer¬ cised arbitrarily the courts will inter¬ fere for the benefit of those seeking licenses. The issuance of a license in this case imports that both the plaintiff and his place of business satisfy the re¬ quirements of law. Mayor Partly Right. “The mayor, however, thinks that the plaintiff’s business should not be con¬ ducted on Sundays. To the extent wherein the business may be unlawful the mayor is right. To the extent in which it may be lawful the mayor should not interfere by the exercise of arbi¬ trary power. The things which cannot be done lawfully on a Sunday are all enumerated in the Penal Law of this state. It is not for any power other than the Legislature either to enlarge or restrict the scope of this law. “There are nearly a dozen similar ap¬ plications for injunctions now before this court, and which are decided here- First Independent Theatorium. Minneapolis, May 4. The first strictly moving picture the¬ ater here to run the Independent films will be the Milo started Sunday under the independent banner with films fur¬ nished by the Laemmle Co. This cozy little house is well located on upper Hennepin avenue and is owned by John F. Garner. Dreamland, located on Plymouth avenue and owned by Mr. f’relein, will also turn independent next The People’s (Reed & Weigle, pro¬ prietors) is a new moving picture house opening this week at Washington and 21 avenue N.—BARNES. Good Picture Business. St. Paul, May 1. Continuous vaudeville and pictures at the Grand Opera House opened to big business last Sunday. Three Morris acts and independent films furnished by the Laemmle Film Service are being The last show of the regular season last week, Stetson’s Uncle Tom’s Cab¬ in, played to more business than many of the higher class attractions of the past season.—BARNES. Sunday Shows at Buffalo. Buffalo, May 2. Judge Hodson went against the city of Buffalo in his decision that Sunday picture shows were lawful. FRANK RICHARDSON LOSES HIS AIRDOME AT OMAHA. Strause & Cochrane’s Company Odok M ay 23—Birmingham Airdome Opens May 15. Frank W. Richardson left Chicago Monday night for Excelsior Springs where the Jefferson stock company opens on the Crawford airdome cir¬ cuit on May 9. He planned to have an airdome in Omaha but found at the last minute that there was some ques¬ tion about the title of the property which he had leased. The airdome had been erected last spring and everything went well last year. Rich¬ ardson did well at that city last sum¬ mer and he was surprised when legal developments made it impos¬ sible for him to have a company there this summer. The Martin stock company, under the management of Strause & Coch¬ rane, opens at Excelsior Springs, Mo., May 23. The company was organ¬ ized here and includes: Lester Cuneo, G. G. Wright, Chris Nelson, Homer Dickinson, George Cochrane! j Billy Devere, Ada Zell, Theresa Mar¬ tin, Blanche Edwards and Dorothy Devere. The company will have five specialties. The airdome at Birmingham;.Ala, will open May 15. Allen and Kenna will open an air-; dome on Crawford street at Norfolk, Va. The Lyric stock company will close its road season at Austin, Minn, Thursday, May 20, and will jump from there to Leavenworth, Kan., where it opens on the Crawford circuit of air- domes on Saturday, May 22 PARK NOTES. Fontaine Ferry park at Louisville, Ky, opened last Sunday. The Three Richardsons, Orth and Fern, Harry Webb, Pero and Wilson and Besson- ette and Wilson make up the vaude¬ ville bill. Electric park at Bristol, Tenn, opens May 15. Many new atMUj|ns have been added. A shoot-the-shutes may be secured for Wheeling park at Wheeling, W. Va. Delmar Garden at St. Louis, opened May 1. Matiello and his band fur¬ nished the music for the opening. There will be two theaters, at Del- mar Garden in St. Louis this summer, One will offer light opera and musical comedies, the other dramatis attrac- Luna Park in New York will open May 15. Lakewood park at Vincennes, Ind., will open May 23 with balloon ascen- j sions by Jack Casselle, of Louisville,: and music by the First Regiment band. Bryant’s Minstrels open at Coney, Island. Cincinnati, May 22 for a month’s run. They are booked over the larger park circuits for the sum-1 Ashland, Ky-! Clyffeside park will open May 19. Dreamland in New York will open May 15. James McCormick, late advertising! agent of The Three Twins, has ac¬ cepted a position as advertising agent of the park at Allentown, Celeron Opens May 29. Corry, Pa, May 6. Celeron park, at JamestovjfeN-j-| opens May 29 and Victor’ again supply the music.—Bt LINER. Three Twins Loses Ball Game. Wheeling, W. Va. AHg* Picked teams from the Three 1* 1 • .mpany and the Court theater m gether upon the diamond and, use they had no opportunity » eliminary practice, the game wa ritable slugging match from , art. Earl O’Dell, property™" „ A\A fVlP tWH rl O'Dell, properiy Twins, did the twirling f nine, and Bessie Clifford prov«j oor mascot, for the final sc id 17 to 10 in favor of the Court