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)

Page scan 00014 from 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."

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 #:
00014
Language:
English
Collection:
Government & Law and Books
Format:
Books
Contributor:
University of California Libraries
Sponsor:
MSN
Coordinator:
Media History Digital Library
Description:
Date Added:
July 19, 2022
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permit. For example, Sec. 5, ''License"; Sec. 6, "Per- mits; Sec. 8, " a license or a permit"; Sec. 9, "No li- cense or permit"; "Sec. 11, "License and permit void"; "Any license or permit; Any change; After license or permit; Any outstanding/license or permit (Sec. 12); Valid license or permit (Sec. 13); Any permit or li- cense (Sec. 13). Let us consider further the effect of said Sec. 7. It is true that there is a rule that permits are not nec- essarily contracts or property and therefore may be revocable. (People ex rel. Lodes vs. Department of Health, 189 N. Y. 187.) But there is also a rule declared in that same case that a distinction exists between per- mits under which a vested right may be acquired and those in which such rights do not vest (same case, pp. 192, 196, citing Matter of Lyman, 160 N. Y., 96; City of Buffalo vs. Chadeayne, 134 N. Y., 163; Dobbin vs. Los Angeles, 195 U. S. 223, and City of Lowell vs. Arehib uilt, 189 Mass. 70). The license in Matter of Lyman, supra, was regarded as property (as Haight, J., says in Lodes' case, 189 N. Y. at 192), because it could be transferred, sold and assigned to other persons. In Buffalo vs. Cha- deayne, supra, the defendant under the permit had fin- ished his building and had made his contracts and in- curred liability and therefore had a property interest. It is likely that an applicant who had contracted for a current event film, or a scientific or educational film, or an instructive film (Sec. 6), would make a large outlay of money for its exhibition, or incur obligation for the same purpose. TJie permit is his authority and justifi- cation. He is thus within the second rule or exception of People ex rel Lodef, supra, and the cases cited. Yet after all this, after the long lapse of time the censor without preliminary hearing without statement of his reasons, can, by a simple notice mailed, after 5 days re-