The Film Daily (1928)

THt DAILV Monday, July 16, j'.92i Text of Decision Giving Ohio Right to Censor Sound Films Columbus, O. — In declaring that the Ohio State Board of Censors has the right to make deletions or changes in sound pictures, Attorney General Turner states that the board has the same privileges as with "ordinary picture films" J. L. Clifton, director of education in whose office censor power is vested had asked the attorney general for a ruling. In his request, Clifton made the following points: "In the censorship of moving pictures the following question has arisen, upon which your opinion is respectfully asked: "Certain films are now being oflfered which do not have printed statements or titles running with the pictures, but which instead have with them the records for spoken statements or titles. As the film is run these words are made audible, and constitute for the pictures the explanatory matter. "In some cases the firms submitting the films give the matter to be heard by the audience with them under protest, and they now insist that I am not acting within my legal rights in demanding this matter or in ordering the elimination or modification of such spoken words connected with the films as I deem objectionable. Believing that the spoken words are essentially the same in their effects as the corresponding words cast on the screen, when connected with the pictures as the words like print might have been, I have deemed the censoring of such words for sound reproduction with the pictures a subject for censorship of moving pictures, to be treated for elimination under section 871-49, * * * "The question is, therefore, whether spoken matter accompanying motion picture films may be required to be submitted with the films to be censored, whether films may be rejected because of spoken matter judged to he harmful, or eliminations in this spoken matter may be ordered to be made before the exhibition of the films and the use of spoken matter with them. "The questions, therefore, are (1) whether the director of education has authority to censor spoken matter which accompanies motion picture films, as in the 'Movietone' or 'Vitaphone'; (2) if so, whether that authority would have certain limitations, and if so, what limitations; (3) whether the spoken matter to accompany motion picture films may be required to be submitted with the films to be censored, and whether films may be rejected because of spoken matter judged to be harmful or eliminations in this spoken matter may be ordered to be made." In his answer, the attorney general cited the section of the General Code which authorized censorship in Ohio and then went on: "It is quite certain that neither the Vitaphone picture film nor the Movietone picture film were known at the time of the enactment of sections 871-48 et seq.. General Code, above quoted. In the Vitaphone, as I understand it, sounds, whether produced by the spoken word, singing, musical instrument, or otherwise, are recorded and the reproduction of the same so synchronized with the projection of the moving picture as to produce the illusion that the sounds are l)eing produced by the persons or things shown in the picture. In the Movietone, sounds accompanying scenic action are picked up by mechanical means at the same time that the persons, things or other objects involved in the scenic action are photographed in the making of the moving picture, and such sounds arc reproduced in the projection of the moving picture on the screen. The mere fact that Vitaphone picture films and Movietone picture films were unknown at the time of the enactment of the film censorship law is not conclusive of the question of the right of the board of censors to censor said films, and, if the occasion requires, order eliminations to be made from the same. As I see it, the Vitaphone or Movietone feature of the picture film in its presentation to the public is still but an incident of the moving picture. And the most that can be said of the Vitaphone picture film or the Movietone picture film is that each of them is but a .species or kind of moving picture film. "In the caie of The State of Ohio v. Cleveland. 83 O. S. 61, it was held: " 'A statute may include by inference a case not originally contemplated when it deals with a genus within which a new species is brought. Thus a statute making it unlawful to willfully throw a stone at a railroad car includes an interurl>an or traction railway car, although such carS were not known or in use at the time the statute was enacted.' "In the case of Richards v. The State of Ohio. 110 O. S. 311, it was held that the exhibition of a moving picture show on Sunday was unlawful under the provisions of section 13049, General Code, which provides that whoever on Sunday participates in or exhibits to the public, with or without charge for admittance, a theatrical or dramatic performance, should be punished as therein provided, although at the time of the enactment of this statute moving picture shows were unknown. In the syllabus of the report of this case it was said: " '1. A motion picture show, exhibited in a public building for the entertainment of the public, is a 'theatrical performance,' and such exhibition on Sunday is therefore a violation of Section 13049, General Code. " '2. Section 13049, General Code (7032a, R. S.), was originally enacted April 9. 1881, at which time motion picture .shows were not in existence, but such .shows constitute a new species of theatrical performance as described in the original enactment of th.it section, and the operation of a motion picture show on Sunday is clearly within the mischief intended to be prevented by that section, and therefore that section includes motion picture shows hy inference. (State v. Cleveland, 83 Ohio St., 61, 93 N. E.. 467, 21 Ann. Cas., 1284, approved and followed.) "It is obvious that what is heard by the public in the reproduction of the words or other sounds in connection with the projection of a Vitaphone picture show or a Movietone picture show may be as clearly within the mischief which occasioned the enactment of the censorship law as the scenic action or explanatory words made visible to the eye in the projection of the ordinary moving picture. In this view there is no reason to doubt the application of the pertinent provisions of sections 871-48 and 871-49, General Code, with respect to Vitaphone picture films and Movietone picture films, though, as above noted, they are a species of picture films unknown at the time of the enactment of these sections of the General Code. "I am of the opinion, therefore, that the board of censors has the same right to censor y'itapbonc and Movietone picture films and, if necessary, order the elimination of objectionable m.atter, either seen or heard, that it has with respect to ordinary picture films; and that it may wholly reject such Vitaphone and Movietone films in proper cases. "As the authority of the board of censors to censor Vitaphone and Movietone picture films carries with it the authority to adopt an<l use reasonable means to that end, said board may require the exhibitor to furnish continuity sheets showing the words, whether spoken or sung, which are rcprcKluced as a part of the picture and explanatory of or otherwise characterizing the same, in all cases where it is practicable to do so. It is to be recognized, of course, that some sounds which are picked up and reproduced by the Vitaphone and Movietone might be of s.nch a vagrant and indescribable character that the same could not he portrayed by words. With respect to sounds of this kind, it of course would not be practicable to furnish continuity sheets. "As in ordinary picture films, the board of censors in censoring the same causes the motion picture film to be projected as it is and thus determines upon the existence or nonexistence of objectionable matter visible to the examining Ixiard, so in the matter of censoring the Vitaphone and Movietone picture films the board of censors is authorized to make provision for the projection and reproduction of such films and thus determmc the existence or nonexistence of objectionable matter, whether the same be seen or heard. The authority of the board of censors to examine and censor picture films of the kind here in question authorizes the department to procure such appliances as may be necessary for the purpose and. if the censorship of Vitaphone and Movietone picture films requires the procurement and installation of appliances and facilities for this purpose, the same should be obtained as soon as money is available therefor." The Cossacks" (M-G-M) Borrowed a panatrope from Kesselman & O'Driscoll and same was placed in the lobby. Russian dances and songs were played in advance of the picture. Special 24-sheet cut-outs were made on the front of the theater. Two were used, one for each side of the lobby. Special Russian flags were used to decorate the canopy. — Arnold Saxe, Merrill, Milwaukee. "Glorious Betsy" (Warners) Two window displays were obtained. One of the windows featured the display of records tying up with the negro songs as heard in the last reel; while the other devoted its display to modern women's wearing apparel in comparison to the costumes in the picture. — W. H. Hemphill, Rialto, Macon, Ga. "Golf Widows" (Columbia) Put on a successful golf tournament which tied up with the picture. Much interest was taken in the event by women golfers and the sport writers gave generous publicity to the tourney. Prizes were donated by leading merchants. — John Grove, Imperial, Jacksonville, Fla. "The Good-Bye Kiss" (First Nat'l) A tieup was effected with the Colonial Airways whereby upon the arrival of the airmail plane at the Syracuse airport, the print of "The GoodBve Kiss" was delivered to representatives of the New Empire and First National with the Chief of Colonial Airmail Service and the head of the Syracuse Post-Office airmail department there personally to s".pervise this important delivery. This stunt was covered by the press and a fourcolumn photo and story were frontpaged.— New Empire, Syracuse, N. Y. "Half A Bride" (Paramount) A department store devoted four of its windows to a display of hats artistically arranged together with neatly lettered art cards containing copy about the picture. A still from the picture was also mounted on these cards. — E. R. Rogers, Tivoli. Chattanooga. "Hellship Bronson" (Gotham) Two weeks in advance, Mike Simmons, Gotham publicity director, cooperating with Hippodrome, broadcast as essay contest in which listeners sent in essays on subject of picture. Passes were given as prizes. Several hundred letters were received. Then, Broadway window display was hooked up with Photomaton Co. Fifteen turtles were placed on exhibition, each turtle lettered, so that in aggregate all had letters of "Hellship Bronson." Accompanying this was a sign ofTering reward to any person seeing turtles lined up exactly to read "Hellship Bronson." The II stunt created sucli Comment and gags for newspaper columnists, that the ■ Photomaton Co. decided to tie tip I with picture wherever it played in ! any of the 121 cities where the company owns stores. — Tom 'Gorman, Hippodrome, New York. "The Legion of the Condemned" (Paramount) Two weeks in advance of playdate a model aeroplane contest' wa| started. A clothing store wihdow. exhibited the toy model plane that was to be awarded for first prize. Of, the fourteen planes entered in the contest, two of the planes would fly a short distance and one of the planes i contained a motor. All the planes were put on display in the lobby during the fun and attracted considerable attention. — T. Wilson Erwin, Majestic, Austin, Tex. "The Patsy" (M-G-M) A "Scrambled Ad" contest was arranged with the Daily Olympian.! Twelve words were selected from as many classified 'ads' and contestants were instructed to find the 'ads' from which the different words had beeni taken. The 'ads' and words wer^ then presented at the Olympian office, where the most correct and neatest answers awarded their writers tickets. The contest netted 135 inches of space. — Leonard Johnson, Liberty, Olympia, Wash. ii iti "Port of Missing Girls" (Brenda) Fastened paper strips to bumpers of 300 automobiles in various parking lots with "Port of Missing Girls" in conspicuous letters. Placarded an automobile with signs, "Port of Missing Girls" and crashed into a parade of visiting Scotchmen from Canada. ^^ade radio' announcements that Ruth King, name of the girl in the picture, was missing, and offered a reward to anyone giving information leading to her recovery. — Cameo, Cleveland. "Ramona" (United Artists) Two music stores and the theater ran a half-page ad in the Sunday paper and another half-page ad the following day. The theater paid one third of the cost but the ad itself looked almost like an exclusive theater ad. — Warren Irvin, Carolina, Charlotte, N. C. "Uncle Tom's Cabin" (Universal) An attractive truck, bearing a miniature cabin, went about the streets advertising the showing. Thi is the first time this picture has beei shown outside of New York City, according to the advertising, and Jacksonville papers are carrying ads for the theater in St. Augustine. The truck attracted attention. Two negroes on the small "porch" of the cabin furnished music. — Jefferson, St. Augustine Fla.