Moving Picture World (April-June 1915)

1236 IHE MOVING PICTURE WORLD May 22, 1915 Text of Sunday Decision Court of Appeals Affirms Law As Interpreted by Justice Gaynor and Limits Powers of Municipal Corporations. THE Court of Appeals in Kiely against the City of Vonkers, involving the question of the legality of Sunday opening, has rendered no opinion of its own, but has contented itself with affirming the opinion of vhe Appellate Division. There were two questions before the Court of Appeals: First, does the law of the state, as interpreted in the ruling decision of Judge Gaynor in June, 1908, control the question of the legality of Sunday opening? Second, has a city or county within the state the right to legislate upon the subject, regardless of the existing state law? The first question is answered in the affirmative, by implication at least, while the second question is answered in the negative. It will be remembered that the aldermen of the city of Yonkers, following the example of other cities, notably that of Albany, passed an ordinance proliibiting the exhibition of motion pictures on Sunday within the city of Yonkers. An arrest was made under this ordinance, and the matter taken up to the Supreme Court on a writ of habeas corpus. Upon the discharge of the defendant, an appeal to the Appellate Division was taken by the city of Yonkers, with the result that the ordinance was declared invalid and void. The te.xt of the decision is as follows: "Under its charter regulating amusements and common shows, the city of Yonkers has the right to license an exhibitor of motion pictures. The city ordinance in question, however, forbids such an exhibition on Sunday and declares every person violating section 13 of the ordinance shall forfeit a penalty of not less than $25 nor more than $100, in the discretion of the magistrate. The defendant has bee_n so convicted. A license may be conditionally granted; it may be given subject to certain reasonable conditions such as the hours of opening and other limitations upon its exercise. The intent that the municipal corporation can supersede the state law will not be inferred from the general grants of power nor will such authority be held to exist as an implied or incidental right, as all municipal authority comes from the legislature. The provisions of a municipal charter, however broad, are subject to such restrictions as may be imposed by general laws. We hold that the chapter of the general city law authorizing the imposition of forfeitures and imprisonment did not surrender the general power against criminal offences which remains in the legislature. The legislature of the state alone may command how Sunday shall be kept." Fire Regulations Considered Report of the Committee on Explosives and Combustibles Is Read at Meeting of National Fire Protection Association. AT the annual meeting of the National Fire Protection Association in the Hotel Astor, New York, on the morning of Alay 12, the report of the committee on Explosives and Combustibles, which prepared "regulations governing the storage and handling of nitro-cellulose motion picture films," was read by George E. Brucn. acting as chairman of the committee, accepted by the members of the Protection association, and referred back to the committee for the consideration of a few proposed alterations before it passes on to the executive committee for adoption. As the two committees, in this instance, are virtually the ■ same, the final move is little more than a formality. William Sistrom, of the Universal Company, who has presented the case of the manufacturers throughout the consideration of the new regulations, was given the courtesy of the floor to present arguments against the adoption of a clause stipulating that there shall be no more than five operatives in a room used for examining, rewinding and cutting film. He pointed out the fallacy of such a regulation and carried his point in having the matter referred back to the committee. It is understood that in a subsequent discussion, members of the committee decided to omit the clause. Mr. Sistrom also succeeded in preventing the passage of a rule requiring a glass covering for the vent opening in a vault. This, too, was referred to the committee for reconsideration. Lesser Consolidation in the West SOL. L. LESSER, one of the most aggressive motion picture men in the West, continues to strengthen his hold on his own particular territory, which he designates "From Colorado to the Coast." Presently he may begin an eastward movement, but just now the western market oflfers attractions aplenty and he is not overlooking any of the possibilities. The latest word comes from the Golden Gate Film Exchange, of which Mr. Lesser is president and general manager. It seems that the All Star Features Distributors, Inc., Mr. Lesser, president, have absorbed the Alco Film Corporation of California and the Pacific Feature Film Corporation and have contracted to handle all of the George Kleine attractions in California. Nevada and Arizona. The deal with Mr. Kleine was consummated during Mr. Lesser's recent trip East. At the Kleine offices entire confidence was expressed in Mr. Lesser's ability to cover the territory to the satisfaction of all concerned; for few men can point to a more convincing record of aims accomplished. The head of the .\11 Star Features Distributors, Inc., has in the past e.xploited the Mutual program, the Film Supply program, Paul Rainey's ".\frican Hunt" pictures. "The Christian," the All Star Feature Corporation's releases and many other important productions, the greatest of them "Cabiria," which in Mr. Lesser's hands broke all records on the Coast. He is a franchise holder in the new Metro program and handles the Life Photo product. It is figured that some of the recent Kleine productions and others promised for release within the next few months will find a ready market on the Coast. Sol. L. Lesser. SUIT AGAINST VITALITE SCREEN. .\ction has been commenced in the L'nited States District Court for the Sourhern District of New York by Alfred L. Simpson, Inc., against J. P. Payor & Company, manufacturers of Vitalite screens in which infringement of the Simpson patents is alleged. Thanhouser Signs Louise Rutter THE latest haul, made by Edwin Thanhouser's Broadway dragnet, is Louise Rutter. whose sympathetic work in "Passers By." "Held by the Enemy," "Secret Service," "The Devil" and "The Man of the Hour," in which latter she played opposite Douglas Fairbanks, have given her enviable prestige on the legitimate stage, which has been materially increased by the artistry which she imparted to her roles in "Mid Channel" with Ethel Barrymore and with .\rnnld Daly. Miss Rutter is an ideal dramatic lead. Graceful, vivacious, intelligent and gifted nioreover with an ability to stir the emotions of her audience, without straining after effect, she is destined to leap into screen popularity. "It's all so wonderful." she said, when interviewed regarding her new field. "I have heard how you film people work. but I never thought until Mr. Thanhouser's offer came to me that I, too. should join my confreres of the speaking stage who were won by the silent art. The great studio is a fairyland to me, and I cannot see how such fascinating work can ever lose its interest for one." Miss Rutter's engagement puts another rivet into the Thanhouser campaign which is bringing to the New Rochelle organization the best that the speaking stage can offer in directors and players. Miss Rutter will be seen in the regular Thanhouser releases. Louise Rutter.