Memorandum for His Excellency, the Governor of New York, in opposition to an act entitled "To regulate the exhibition of motion pictures, creating a commission therefor, and making an appropriation therefor." (1921)

Record Details:

Title:
Memorandum for His Excellency, the Governor of New York, in opposition to an act entitled "To regulate the exhibition of motion pictures, creating a commission therefor, and making an appropriation therefor."
Date:
1921
Publisher:
New York
Volume:
Memorandum for His Excellency, the Governor of New York, in opposition to an act entitled "To regulate the exhibition of motion pictures, creating a commission therefor, and making an appropriation therefor."
Leaf #:
0006
Language:
English
Collection:
Books and Government & Law
Format:
Books
Contributor:
University of California Libraries
Sponsor:
MSN
Coordinator:
Media History Digital Library
Description:
Date Added:
July 19, 2022
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Memorandum for His Excellency, the Governor of New York, in Opposition to An Act Entitled "To Regulate the Exhibition of Motion Pictures, Creating 1 a Commission There- for, and Making* an Appro- priation Therefor/ 9 The Governor is not part of the legislature, but he is constituted as a possible check or restraint upon legisla- tion. People vs. Morton, 156 N. Y., 136. This Act must be presented for his approval. This Act cannot become a statute unless he sign it. At the hearing the Governor stated precisely the ques- tion now before him —"Is this legislation wise or un- wise?" This question admits discussion of (A) The nature of the legislation; (B) The wisdom of legislation of such nature in this instance; and (C) The wisdom of the scheme of the Act itself. And unless there be crisis or emergency in the affairs of the commonwealth that requires instant action by legislation, it is germane to consider whether this Act as a statute may be subject to sound judicial objection. We were told at the hearing that the Supreme Court had decided (236 U. S. 230) that censorship over mov- ing pictures was lawful, as if that foreclosed discussion. With due deference I submit that the basis of the deci- sion made upon the Ohio statute is that the moving pic- ture enterprise is a business. The inference that there- fore it should be censored would apply to a newspaper, to a book, or to a drama—all business enterprises.