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192
THE LAW OF MOTION PICTURES
These statutes, however, have been strictly construed and it has been held that only manual unskilled laborers are intended to come within the prohibition,221 and the making of contracts with actors, directors or skilled mechanics would not be a violation of the statute.222
Nor would a Chinese actor be excluded, since he has been held to be no “laborer” under the exclusion laws.223
Section 66. — Performance in unlicensed theatre.
An actor who performs in an unlicensed theatre is estopped from recovering for his services, and the owner of such theatre is likewise powerless to enforce a contract to which he is a party.224
United States (pub. 1913), Sections 4245, 4246, 4248, 4250, 4251.
221 United States v. Gay (1899),
95 Fed. (C. C. A.) 226.
222 United States v. Thompson (1889), 41 Fed. (C. C.) 28; United States v. Edgar (1891), 45 Fed.
(C. C.) 44; aff’d 48 Fed. (C. C. A.)
91.
223 Re Ho King (1883), 14 Fed.
(C. C.) 724. The relator, Ho King, was a Chinese actor. Landing at Portland, he was detained under the Exclusion Law. A writ of habeas corpus issued, and it was held that an actor or theatrical performer was not a “laborer” under that Act, and that he could come and go at pleasure.
224 Levy v. Yates (Eng.) (1838),
8 Ad. & El. 129; 35 E. C. L. 352. Where the owner of a theatre has not obtained a license as required by law, a contract made between himself and a theatrical company through a booking agency cannot be enforced.
De Begnis v. Armistead (Eng.) (1833), 25 E. C. L. 47; 10 Bing. 107. The contract of a theatre owner was held unenforceable because of his failure to comply with the law.
As to what constitutes an illegal contract for performance at a theatre. See also: Ewing v. Osbaldiston (Eng.) (1837), 2 My. & Cr. 53; Gallini v. Laborie (Eng.) (1793), 5 Term Rep. 242; Gray v. The Oxford (Eng.) (1905), 21