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 #:
00018
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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13 DISCUSSION OF SECTION 12. Section 12 relates to unlawful use or exhibition. Un- der its provisions it is unlawful to exhibit "in connec- tion withSany business in the State of New York" un- less there is at the time in full force and effect a valid license or permit, etc. It may be concluded that the act intends- an exhibition for the advertising purposes of any business. But it is not the question what the act intends. If the manufacturer in the State of a film ex- hibits it in his salesroom or manufactory privately for trade purposes of sale to an exhibitor is this not an ex- hibition in connection with his (the manufacturer's) business and therefore with "a business in the State of New York"? Why should the manufacturer before he can do this thing be required to obtain a license or per- mit and pay for it? Suppose he exhibits to a possible purchaser for use in another State. It is unlawful un- less he pay the license fee. And thus the license fee which is intended to apply in the regulation under the police power is in fact a license fee for the doing of business—an unjust perversion. Does the Act violate Section 9, Article 1, of the Fed- eral Constitution? For example, the Interocean Film Company is one of several whose business is that exclusively of export, and theirs is merely a place of business in New York. They sell to all over the world from their place of business in New York. Under the existing statute every reel shown to their foreign customers must first be licensed, al- though it is being exhibited to a customer for export only and this customer is himself a non-resident of the state and a representative of foreign film buyers.