Moving Picture World (Jul-Sep 1911)

786 THE MOVING PICTURE WORLD travel or two educational reels on one programme, or even one of each. A current event on a programme with one of the two subjects will go, but the better arrangement is to let an educational reel couple with current events and keep the latter and travel subjects on separate programmes, as they are to some extent closely allied. But, for goodness sake, let more attention be given to variety in the arrangement of each programme. A show I saw put on in a large picture house recently disgusted me. Two dramas were run in succession, followed by two comedies. That certainly was not the fault of the exchange. A much more satisfied audience would have left the house if the comedy had been interspersed with the dramatic subjects, which common sense should have dictated. LETTERS OF AN OLD EXHIBITOR TO A NEW FILM MAKER. Fifth Instalment. Saratoga Springs, N. Y., 191 1. The progress of the moving picture meets one at every side, even here in this beautiful village. When I was here a few years ago, a miserable little store show of the typical order was attracting transient crowds in August — the show was just across from the entrance to Congress Spring Park — while today there is more than one well-appointed and wellconducted moving picture theater, all of them well-patronized too, especially on Saturday night. I tell you. they take their pictures very seriously indeed in the country. I saw on the same day an Independent and a Licensed picture and it has set me thinking on a subject that should engage the attention of every film maker, the personnel of the company. In the independent picture, which was supposed to be a comedy based on the woman suffrage movement, every one of the ladies engaged in the production was like unto an Amazon in the front ranks of the spear carriers. Perhaps that was well under the circumstances; perhaps stout, extra stout ladies make the best and most typical suffragettes, although I have seen some mighty thin ones, notably Mrs. Pankhurst whose appearance according to newspaper reports and pictures was most sylph-like. One stout woman in a play, even a comedy is as a rule quite sufficient, but when all of them are rejoicing in a superabundance of adipose tissue the thing becomes bewildering and elephantine to the average audience. I should guess the average weight of the ladies at not less than 210. Nothing is more necessary in an actress than grace and ease of movement and some symmetry of shape, and it is but too well known that fat is the deadly foe of grace and beauty. While still under the influence of these reflections I went to see the Licensed show — a comedy picture and many ladies in it. Nature, while all too generous to the. Independent' ladies, showed herself a niggard with the Licensed charmers. They were obtrusively thin. One trembled for their safety in a sudden collision with a gust of wind. They were brave, desperately brave, in seeking to spin out .an ounce of fun, as if it had been ten pounds, but it was a task utterly beyond them, the comic situation, exhausted in a hundred previous films, began to lag painfully after the first 200 feet, and the spectator had plenty of time for a careful study of the personal pulchritude of the girls. While in the other picture I had felt tempted to exclaim, "Oh that this too, too solid flesh would melt . . ," this one made me think of Caesar's wish, "Let there be fat men about me." A curve has been described as a compromise between a bulge and an angle; there were angles and bulges, but no compromises. Woman is the most essential factor in life and in the play and men cannot dissociate thoughts of grace and beauty of rounded form and symmetry of figure from the fair sex. The woman on the stage is selected as a type, especially on the silent stage, where appearance counts for so much in a woman. If you want to create a sensation among' film makers, try to find a woman with perfect shoulders, not high, nor stooped nor round, but well put together, stately and with the perfect symmetry of the Greek statue. In all my moving picture experience I have not seen one such. Let me end this rambling talk. The steamer Alice is to take us to a very recherche (do you get that in its entirety?) dejeuner in the charming Sans Souci surroundings of the White Sulphur Springs. I might be more explicit on that subject, but instead will let you do a little guessing O. E. PROPRIETORS NOT LIABLE. If Thrown Out of Theater, Patrons Cannot Collect Damages Unless Owner Ordered Ejection. Justice Schmuck, of the City Court of New York, has announced a decision of importance to the proprietors of moving picture shows to the effect that a patron of a theater, who was assaulted by the employees of the owner, cannot recover any money damages from the owner unless it is specifically shown that the assault was committed by direction of the proprietor. Schlumbohn, a visitor to the Gotham Theater in New York, brought a suit against Proprietor Fox for damages, alleging that Louis Quint and Thomas Lynch struck and abused him. A demurrer to the suit was interposed by attorneys for Fox, who maintained that there was no cause of action against Fox. This view was upheld by Justice Schmuck, who wrote an opinion on the point which is of vital importance to the trade. It is as follows: The plaintiff, assaulted by the servants of the defendant, who conducts a theater known as The Gotham, endeavors to hold the defendant responsible for his injuries. The defendant, having denied responsibility for the assault, now applies for judgment, pursuant to the provisions of Section 547 of the Code of Civil Procedure, contending that the complaint fails to set forth a cause of action against him. The gravamen of the complaint is found in paragraph 4 thereof, which reads as follows: "That thereafter and while in said premises at said time this plaintiff, without any cause or provocaton whatever, was set upon by the servants and employees of the defendant, and among others by the said Louis Quint and Thomas Lynch, and violently assaulted with force and arms, and severely, seriously and permanently injured." To this allegation the defendant objects as not constituting a cause of action against him. and demands judgment upon the pleadings. Concededly to hold a master responsible for the torts of his servant the proof must show either some express direction or authority of the master, or indicate facts or circumstances from which his direction or authority may be inferred. Again, as a matter of pleading it is indispensable for a plaintiff to distinctly aver every fact which he must prove to maintain his suit. Theretore, unless the complaint in the case at bar contains averments from which he spelled an atrocious act of the servant for which the master is liable, i. e., an act done in carrying out the work for which the servant was employed or for the purpose of forwarding his master's interests, this motion must be granted. Giving the complaint under consideration a liberal construction, with a view to substantial justice between the parties, it is impossible to find a cause of action alleged against the defendant. Surely none will have the hardihood to contend that the complaint snows express direction or authority of the defendant to the servants to commit the assault. Again, the most liberal construction fails to justify the inference of implied authority: first, because no facts or circumstances are alleged from which the authority of the master to the servant to do the acts can be presumed, and. secondly, because the law does not vest the servant with implied authority to do that which the master, if present, would not he authorized to c*n. In consequence, since the law will not assume in favor of a party anything which he has not averred, the complaint herein, failing to indicate express or implied authority of the master, is defective. Motion granted, with $10 costs, with leave, however, to the plaintiff to amend within six days after notice of the order herein upon payment of $30 costs. Portland (Ore.) parson refused to sign a petition against Sunday picture shows because it did not include professional baseball games. Is this the Light of Reason breaking in, or is it a case of "whole hog or none at all?" The management of the Auditorium Theater, Canonsburg, Pa., has been absolved from all blame, in the recent disaster at that theater, by Deputy Factory Inspector James R. Patterson, who conducted the State inspection. Scene at Twelfth Street Theater, Kansas City, Mo. — Special Children's Performance of "The Crusaders," Aug. 23, 191 1.