Year book of motion pictures (1928)

express company or other common carrier, with intent to sell, distribute, circulate or exhibit, any matter or thing herein forbidden to be deposited for mailing, delivery or carriage in interstate commerce. Passed in 1912 as a result of the agitation which followed the Johnson-Jeffries fight, the law was tested in 1915, when an importer sought to compel the Collector of the Port of Newark, N. J., to admit the pictures of the Johnson-Willard fight, which took place in Havana. Asserting that the law was unconstitutional, since Congress, under the pretense of regulating interstate commerce, had actually exercised a police power that did not belong to it, this importer carried his case to the Supreme Court and lost. The court held that the law was constitutional and that "the contentions are so devoid of merit as to cause them to be frivolous." Early in 1916 another effort was made to bring in the Johnson-Willard pictures, the importer bringing them in this time by way of Maine and asserting that, since his films were negatives instead of positives and were to be exhibited to athletic clubs instead of to the public, they did not come within the statute. But the District Court dismissed his case. And in November, 1916, an effort was made to get around the law which was ingenious indeed. Instead of importing the films, again those of the Johnson-Willard fight, those concerned rigged up a machine that straddled the Canadian border. On one side the original film was run off, and on the other side a blank film recorded the pictures so as to form a duplicate. Thus it was contended that since nothing had crossed the border except rays of light the law had not been violated. But when the case was tried in New York the court held that such an act came within the meaning of the statute. In short, the law has been attacked on all the points that would occur, and has been found valid in every case. FIGHT FILMS LEGALIZED IN CANADA — Action in May, 1927, on an amendment passed by the provincial legislature of Saskatchewan, withdraws the restriction upon films depicting prize fights, and such pictures are now permitted to be shown. The section of the original act dealing with the censoring of posters and lithographs was revised and now provides that the censor may require that such advertising matter depicting scenes from films intended to be exhibited within the province be submitted to him in advance and he may prohibit the further use of any posters or advertising materials until satisfied they are fit for exhibition. FEDERAL INTERPRETATION OF FIGHT LAW — Showing of fight films in any state is not illegal, and exhibitors and distributors cannot be classified as illegal possessors if they do not receive the film from a person who is a common carrier, express company or agent thereof. This was the ruling made in New York City in October, 1927, by Federal Judge W. Goodart, in instructing the grand jury investigating bringing of the Tunney-Dempsey films into New York state. This is the first interpretation of the law to be made by a Federal Court. FILMS ALLOWED IN NEW YORK— Showing of the Tunney-Dempsey fight films started in * Laws and Decisions SUNDAY CLOSING— "BLUE" LAWS It is inadvisable to list definite rulings pertaining to "blue" laws, or towns which have voted either for or against Sunday closing during 1927, this because of conflicting opinions as to the legality of the law in some communities where theaters continue to operate on the Sabbath despite new rulings to the contrary. In many cases, an exhibitor operates on Sunday and pays a fine for October, 1927, in New York, following results of a hearing before Federal Judge Thatcher, New York, who denied a motion for an injunction against United States Attorney Turtle and the U. S. Marshal's office which would have barred them from proceeding against the exhibition of the fight films in New York City. Turtle explained his office has no intention of interfering with the exhibition of the films, which statement caused Judge Thatcher to deny the motion for injunction. * * * MISCELLANEOUS DECISIONS, DECREES ARBITRATION LA WIS ADOPTED— In June, 1927, New York's arbitration law was upheld by the Court of Appeals, reversing a decision of the Appelate Division in the case of Cheney Bros., against Jorocco Dresses, Inc. Contract between the two parties contained an arbitration clause, claimed to have been induced by fraud, but the appeal court ordered the case to proceed to arbitration. In July, 1927, area for the settlement of commercial disputes by arbitration was extended to the states of California and Pennsylvania as the result of the enactment of arbitration laws. New York, New Jersey, Massachusetts, Pennsylvania, Oregon and California now recognize the validity, enforceability and irrevocability of agreements to arbitrate disputes that may later arise out of business contracts, as well as submissions to arbitration of existing controversies. NEW RULE ON SHIPMENTS— After February, 1927, films in Boston territory were ordered handled by approved carriers of standing, following agreement of exchanges to refuse to make shipment through other agencies. Unless the exhibitor agrees in writing to assume losses by fire, theft or damage to films in transit none will be shipped through any but approved carriers. FILMS OF 1,0000 FT. IN LENGTH ACCEPTED IN MAILS — Regulations governing shipment of films via U. S. Mail, were modified on August 12, 1927, to provide for the acceptance of films up to 1,000 ft. in length, when shipped in specially designed container; enabling manufacturers and producers to send films in lengths of 200, 400 and 600 ft., instead of splitting them up into smaller units, for mailing in separate containers. NEWSREEL CONTRACTS AUTOMATICALLY RENEWED— Unless exhibitors cancel them 30 days before expiration, newsreel contracts automatically are renewed, under terms of an amendment to the Standard Exhibition Contract, which stipulates that exchanges must notify exhibitors 45 days before the contract expires, giving the exhibitor 15 days in which to renew or cancel the agreement, as reported in June, 1927. DISTRIBUTORS ON BOOKING COMBINES — Effective in July, 1927, distributors who are members of the Hays organization discontinued selling film to any booking combines. Individually, distributors voted thumbs down on booking companies. These separate actions go back over a period of years, but the decision in July was the first instance where national distributors, in a body, adopted such a course. Later, an elastic policy was adopted under which some booking combines were served. Affecting Exhibition violation of the ordinance, going through the same procedure week after week. Then again, "blue noses" and those opposed to Sunday closing continuously battle in the courts to establish the legality of such a measure in their community, the result being that the status of the law is sometimes never established. For those seeking definite listings of towns, or states, having closed Sunday ordinances, it is 785