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)

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rious poet Spenser (whom I dare be known to think a better teacher than Scotus or Aquinas), describing true temperance under the person of Guion, brings him in with his palmer through the cave of Mammon, and the bower of earthly bliss, that he might see and know, and yet abstain." And as a practical matter we must remember that these powers are not exercised in advance of the manu- facture of the film but after it is complete for final pro- duction. It is common knowledge that a film may have cost $100,000 or $1,000,000 to prepare. Only after the full outlay is the film ready for the censor. Therefore, the censor, in the panoply of such enormous power, may refuse the license if he think that the film, or any part, is of such character as may tend to corrupt morals or in- cite to crime. CONSIDERATION OF SECTION 4. The Legislature necessarily cast this police power of censorship upon agents, but the Legislature safeguarded such drastic power by committing it to persons of "edu- cation and experience for the duties of the office" se- lected by the Governor with the advice and consent of the Senate (Sec. 1). And then by Sec. 3 the Legislature nullified if not destroyed these safeguards by providing that these censors might appoint as many deputies as might be needed, and by Sec. 4 that the censors "shall vest these deputies with authority to issue licenses or permits." Any office of the many authorized (Sec. 4) may be in charge of a deputy (Sec. 4). The deputy is made a censor. He is not subject to report to his chief for his chief's action or for supervision or for review or for confirmation of the deputies' decision. So far as the Act is concerned, the deputies are censors. This power is as full and complete and final as that of the censors appointed by the Governor and the Senate. To reiterate, the censors shall select as many deputies as