Moving Picture World (April-June 1915)

1234 THE MOVING PICTURE WORLD May 22, 1915 Fight Film Appeal Heard Case of Willard-Johnson Pictures, Turned Down by Judge Haight, Gets Speedy Hearing on Appeal to Higher Court. JUDGES Buffington, McPherson and Woolley, sitting in the United States District Court of Appeals in Philadelphia, Pa.. Tuesday, May 11, heard the appeal taken by L. Lawrence Weber from the decision of Judge Haight of the United States District Court for New Jersey, handed down on May 6, refusing Mr. Weber's application for an injunction against Collector Freed of Newark, N. J., which was sought to compel the Collector to admit the Willard-Johnson fight pictures to the United States. Immediately upon the calling of the case, Mr. Weber's attorneys launched into the basic presentation of their client's justification in appealing from the findings of Judge Haight, and succeeded in bringing out forcibly their contentions. Attorney Towne stated that his client's object in importing the said photographic-films is for the purpose of publicly exhibiting them in the United States, under his personal management, control and supervision, and not for the purpose of traffic, sale or commerce, and that the present proceeding is an application for an injunction the effect of granting which would be to permit the entry of the films in question into the United States upon payment of the duty provided by law, as specified in that paragraph of the Tariff Act of October 31, 1913, now in force, and which reads: "Photographic-film positives, imported in any form, for use in any way in connection with moving picture exhibits, including herein all moving, motion, motophotography or cinematography film pictures, prints, positives or duplicates of every kind and nature and whatever substance made, on>> cent per linear or running foot: Provided, however, that all photographic-films imported under this section shall be subjected to such censorship as may be imposed by the Secretary of the Treasury." It was also pointed out by the appellant that the Secretary of the Treasury has never prescribed rules and regulations to give effect to the proviso of this paragraph. The complainants furthermore contended that the law under which Collector Freed's action was taken is unconstitutional and void, in so far as it is relied upon by the defense in refusing to permit the complainant to enter, and pay duty upon the films herein questioned and beyond the power of Congress to enact under that section of the Constitution commonly called the Commerce Clause. Assistant United States District Attorney Bodine based his side of the arguments on the similarity of the question at stake in this case to the one involved at the time of the hearing of the many lottery cases in different sections of the country, when the Government contested the banishing of lottery in the United States on the grounds of its being commerce; and which in some respects is the most notable case yet decided by the Supreme Court under the Commerce Clause. Mr. Bodine claiming that the lottery case possesses a nearer resemblance to the present case than almost any other, explained that the case was most fully taken up in his printed brief which was before the court, thus eliminating the necessity of his entering deeply into this phase of his contentions. Considerable confidence in his ultimate success was expressed by both the counsel for the defence and the complainant, and from the nature of the case, it being one which admittedly necessitates quick action on the part of the court, it is expected that an opinion may be handed down at almost any time within the next few or several days. SEEK ENTRY FOR RITCHIE-WELSH FIGHT PICTURES. The question of permitting motion picture films of the Ritchie-Welsh fight to be exhibited in this country is being considered by Judge Hough of the United States District Court for the Southern District of New York, following an argument on an application for an injunction to restrain the government from enforcing a ban on the fight films. At the conclusion of the argument on the application Judge Hough voiced the opinion the exhibition of the films depends on whether the mill staged in London was a bo.xing exhibition or what is popularly styled a prize fight. The court expressed the opinion the public morals should be safe guarded by placing a ban on films reproducing tlie brutalities of the ordinary prize fight but indicated that there should be no objection to the exhibition of films illustrating the art of boxing. Counsel for George Considine, who is seeking to bring the films into this country for exhibition, contended that the piill was merely a boxing exhibition and that the filmg are splendid illustrations of the boxers' art and skill and submitted affidavits and briefs in support of this contention. Assistant District Attorney Walker opposed the application asserting the Ritchie-Welsh mill was clearly a prize fight and pointed to the fact that it was fought for the championship of the world. In discussing the moral effect of prize fighting and the display of motion pictures of prize fights Judge Hough remarked his father whom he considered a "better man than I am" had witnessed prize fights although he had never attended one. The judge pointed out standards of public morality and decency change keeping step with the advance of progress and consequently things which were considered perfectly proper a few years ago are now under the ban. W'hatever Judge Hough's decision may be it is not considered probable it will have any bearing on the attempt to introduce films of the Johnson-Willard fight into this country. Tom North AFTER an unusually successful nineteen months as the branch manager in San Francisco for George Kleine Attractions, Tom North has resigned. Mr. North has signed up with the Big Four, Vitagraph-Lubin-Selig-Essanay, Inc., to manage the new office which he is to open in Portland, Ore. It will be a matter of regret throughout the film trade of San Francisco and California that Mr. North is to transfer his activities to the north. He has made many friends in the city by the Golden Gate, out of the industry as well as in it. He admits it is not an easy matter to break away. In San Francisco Mr. North has taken an interest in civic as well as in trade matters. He is a Mason and a Shriner and also an Elk; he is a member of the Press Club, of the Union League, of the Screen Club and also of the Indoor Yacht Club. He was the moving spirit, as he has been one of the foremost members of the Film Board of Trade of San Francisco. Tom North knows the amusement business from all angles. It is for about twenty years that he has been following it. His first experience was with Price's floating opera, which put on shows on the Ohio and Mississippi Rivers. Then he was with the Jule Walters "sidetrack," old-time melodramas. The second season he was playing the piano and managing the show. The third season he had a show of his own. In the summer he went with Gentry Brothers' dog and pony show. Then, with Charles Whittaker, he billed Billy Clifford as a matinee idol. It was the first musical melodrama that went over the circuit, and was very successful, the association being terminated by Mr. Whittaker's death. For four years Mr. North was with Lincoln J. Carter. William Raynor, at present in the Kleine offices in New York, was in the executive offices of the concern in Chicag:o at the time. For two seasons Mr. North handled dramatic shows for .Arthur C. Hastings. Then he was with the Lefifler-Bratton company, first doing the advertising and then handling the production, which was "The Newlyweds and Their Baby," founded on the McManus cartoons. It was here he originated the catchline by which the show became known, "The 60% People Show," the fraction, of course, referring to the baby. Mr. North also had summer experience with the Ringling Brothers' Circus as press man. He booked and handled road attractions for Harry Askin of the Sell Opera House. Chicago, for three seasons. Then he was engaged by J. F. McCarahan, general manager of George Kleine, to go to the Coast. For a short time he was in Los .\ngeles and then was transferred to San Francisco to open offices and put out road companies.. At one time he had sixteen of these out. covering five of the big Kleine subjects. Tom North is a regular fellow, Tom North.