Moving Picture World (Jan-Mar 1913)

2;o THE .MOVING PICTURE WORLD CHICAGO LETTER By J AS. S. McQUADE l[l!^ IN the recent trial of a case in the Municipal Court, of Cleveland. Ohio, in which the State of Ohio was plaintiff, and Louis H. Becht, a moving picture exhibitor, the defendant, it was found that the defendant was guilty of violating that section of the Ohio general code which applies to moving pictures. Tlie section referred to reads, in part, as follows: "Whoever gives a public or private exhibition of a lascivious, indecent, immoral or impure nature, or an exhibition tending to currupt morals, or owns or operates or permits another to operate on his premises a picture machine or other device exhibiting a lascivious, indecent, immoral or impure picture or figure, or a picture of crime, shall be fined," etc. In his decision the Court referred to the large number of cases of the kind to be heard and that, in deciding the case under consideration, he would endeavor to express the general view he held on the pictures in the case before him, so that the other cases might be tried in briefer time. He also acknowledged that the defendants in the various cases "are representatives of a large class of men, engaged in a legitimate, proper and desirable business, in which millions of dollars are invested, and who are entitled to the protection of the Court in carrying on their business within the law." He referred to the fact that since the statute was enacted the moving picture had made great progress, which, had it been foreseen by the members of the Legislature, a law more specific and certain for guidance would liavc been passed. The Court then continued : "In applying the statutes in these cases, what should be taken as the picture exhibited? If a playlet, if that is the proper term, is pictured in ten or twelve or more scenes, and in one of these scenes some crime — no matter what — is pictured, can this part of the scene be separated from the rest and said to be a picture of crime, within the statute? It would seem this could no more be done than could a strip be separated from a huge canvas picture, and that strip treated as a picture in itself. It is only by a complete reversal of the rule of law, so as to construe every intendment of a criminal statute against the defendant, that such a construction could be adopted, and it is therefore rejected by the Court. This Court is of the opinion that the picture here to be considered is the entire picture, the playlet or story or connected scenes from beginning to end, precisely as though they were portrayed on one canvas. "What principle then should be laid down to determine whether or not a certain picture is a picture of crime? Is it sufficient to constitute a playlet a picture of .crime if. in on? of its numerous scenes, some crime is perpetrated? These playlets can no more fairly be so judged or criticised than could a book be by a part of a chapter, or a canvas painting by a small portion of it. "In construing a statute, the meaning or intention of the law should be gathered from its words, its objects, scope and end — the things which led to its adoption. This statute is directed clearly against pictures tending to corrupt public .morals, and both the spirit and letter of the statute seem to require that it he interpreted to mean that "H'lten the picture as a zvlwle is substantially a ficture of crime, it is within the statute: otherzvise not. In other words, where the whole picture or play is a series of crime, or crime is the essential scene or atmosphere, that is the general theme of the picture is one of crime, as for instance, pictures of thugs with revolvers slugging the police, etc.. the picture is of the class prohibited ; but the mere fact that incidental to tile development of a scenario or playlet, a crime is perpetrated does not ipse facto render the playlet a picture of crime within the meaning of the statute." The Court then described the various scenes of the films in the case, which pictured the events leading up to the murder nf the famous New York detective, Petrosino, and then concluded : "Upon these particular pictures, the Court thinks upon all counts they come within the statutes, in accordance with the rules of interpretation the Court lias here laid down; that it is a picture of a series of crimes; that the whole atmosphere of the picture is the atmosphere of a society plotting lilackmriil and murder; that the culmination of the picture shows the criminals or a part of them triumphant and eluding the police, and that practically the whole picture is substantially a picture of crime, notwithstanding that that crime is adduced for the purpose of showing a police otificer endeavoring unsuccessfully to appreIiend the perpetrators of it. "Insofar as this particular film under consideration is con cerned, the Court is of the opinion that it comes within the statute, and therefore finds the defendant guilty." Film manufacturers should pay strict attention to this construing of the Ohio statute, so as to prevent conflict and consequent loss. The Satex Film Company. The Satex Film Company was incorporated under the laws of Arizona about a month ago. The incorporators are Ed. Besserer. president; Lee Costley. vice-president; H. M. Armstrong secretary treasurer, and C. Pyle. managing director. With the exception of Mr. Pyle. all the officials are residents of .\ustin, Te.x.. being substantial business men of that city. Mr. Besserer also owns several picture theaters in .\ustin. Mr. Pyle is well known in Chicago film circles, having filled several important positions in leading exchanges. He was dramatic stage manager for a number of years before entering the film business, and his experience will be valuable in his work as managing director. Miss Martha Russell (in private life Mrs. Chas. C. Pyle), will be leading lady of the Satex stock company. She is a woman of brilliant attainments, being an accomplished actress and photoplayer as well as a successful lecturer. The other members of the company have been carefully selected. The studio and plant, which are now completed, are located in Austin, and operations will begin Jan. 27. It is the intention to release one reel each week, confined to dramas, with feature subjects at intervals. It is not known at the present time what affiliations will be made by the Satex people to market their product, but Mr. Pyle left this city for New York on Sunday. Jan. 5, to effect arrangements, if possible. The Moving Picture as an Art. The Rev. Dr. Eugene Rodman Shippen, pastor of the First Unitarian church. Detroit, Mich., is quoted by a paper of that city, in comiection with his opinion of a certain motion picture, as follows : "The truth was borne in upon me. as I saw the picture, that what appeals to the eye alone has a vastly different effect than that which appeals to both eye and ear. I can imagine a stage production, where the mind follows brilliant dialogue, in which the actions shown in the pictures might not be objectionable to me. But the eye alone is a crude avenue to the mind. That is why, in my opinion, the moving picture is not' a high form of art. It has an appeal for the uneducated mind, and for children, but has very little for the educated and cultured. There are, of course, films that are instructive, such as scenes in foreign lands, which may be of considerable service." I wonder if Dr. Shippen has viewed any of the great dramas which have been filmed by our leading manufacturers. If so, he would be obliged to confess that their appeal is distinctly to the "educated and cultured." and that the uneducated mind fails to grasp the full meaning of eloquent gesture or of expressive facial change. How does a great painting appeal to the most enlightened of us? Is it not through the "crude avenue" of the eye alone? The works of the great masters stir an educated man to the very soul, give wings to his imagination and reveal beauties that are hidden to the uneducated and uncultured mind. .\nd all this is accomplished through the "crude avenue" of the eye alone. With the best ears in the world and bereft of sight, the most cultured man would stand before the greatest painting in benighted unappreciation. The moving picture, it seems to me, is even a higher form of art than the great painting, in the sense that it shows life in action. It reveals the varying changes of manner and expression which accompany changing emotions, and life as it is lived. This, it would appear, is a higher form of art than that which furnishes us a composite picture of life, no matter how masterly. Dr. Shippen is requested to take a course in the presentation of our best pictures. I am sure he will change his opinion. Chicago Film Brevities. G. M. Anderson, secretary of the Essanay Film Manufacturing Co.. and manager of the Western stock company, arrived in the city last week. He will remain for about two weeks. * * * The Essanay Film Mfg. Co.. has started in on the production of their Daily Screen Service, which will be devoted to weekly happenings in and around Chicago. These films will he of varying lengths, according to the number of important happenings, and will lie released every Monday. It is expected that St. Louis, Indianapolis, Cleveland. Toledo. Milwaukee and Minneapolis, will also be included in tlie Daily Screen Service. C. A. Lnperti, a cameraman with 15 vears' experience and two and one-half years wifh Essanay's Eastern Company, will take the pictures. The Daily Screen Service has a special office in Room 605, Hearst Puilding. Fred Warner is manager.