The Moving picture world (May 1921)

May 7, 1921 MOVING PICTURE WORLD 35 Governor Miller by Industry's Leaders; and Serious Consideration Is Promised in our library. We are being penalized for running our business along sound business lines." Hess Describes Failures At times Governor Miller interrupted as Mr. Connick referred to this or that section of the bill, the governor following him closely from a printed copy on the desk before him. Gabriel Hess was next introduced by Mr. Brady. While Mr. Hess spoke for a considerable time, he devoted the major part of his remarks to telling the gov- ernor exactly how censorship was work- ing out in Ohio, in Maryland and else- where and the ridiculous things which were being done in the name of censor- ship, and how that they all worked a great hardship to the industry without accom- plishing any good. "Censorship as proposed will not work out in New York State," said Mr. Hess. "We agree that motion pictures should be clean. We disagree with the remedy that is proposed. We ask only the enforce- ment of the penal laws of the state, and I am sure that if you told the district at- torneys and the police officials to enforce certain sections of the Penal Law, as you did in connection with the prohibition law, that in thirty days' time there would not be an objectionable film on any screen in New York State." Labor Against It One of the best speeches in opposition to the bill was made by Peter B. Brady, representing the New York State Federa- tion of Labor, and who at the close filed a statement from Samuel Gompers. "If the cost of attending the picture theatre," said Mr. Brady, "is to be in- creased through this tax entailed by cen- sorship, there will be certain ones who will have to stay at home and this will mean dissatisfaction and discontent—two things we are most anxious to avoid at this particular time. On behalf of the ^American Federation of Labor, I ask you as governor of New York State to give most serious consideration to this bill." The next speaker introduced was Au- gustus Thomas, representing the Authors' League of America. Mr. Thomas pre- sented his argument in a straightforward manner and was given the closest atten- tion by the governor. In the course of his speech Mr. Thomas said that it was within the power of the state itself to cor- rect what evils existed and that there is absolutely no necessity for the appoint- ment of a board of censors, such as out- lined in the bill under consideration. Jenks' Great Speech The honors of the day, however, fell to Judge Almet F. Jenks, a close friend of Governor Miller, and whose opinion, it was evident from the start, was highly prized by the state's chief executive. Judge Jenks said in part: "The policy of this legislation is the exercise of the police power, of which the governor wrote in the matter of Griswold, when sitting as a judge in the Court of Appeals, that it must not be exercised arbitrarily or capriciously; that it must be founded on good sub- stantial reasons, and so, with your per- mission, I am going to discuss very briefly the practibility and the wis- dom of the exercise of the police power under these circumstances, and also the constitutionality of the act which is be- fore you for executive consideration. "In a business which is innocent in it- self, and has the vast educational sys- tem which a picture has, why should the police power be exercised, if there be upon the statute books provisions of law which afford punishment for in- decency and immorality. You know, Governor Miller, as well as I, that there is in the Penal Code a full provision aimed directly at this particular indus- try, which punishes according to the method prescribed by the Anglo-Sax- on law. Of Education and Experience "Do you think that for the sake of the exhibition of an indecent or obscene play or picture, these producers, sub- stantial, respectable men, would subject themselves to the stigma of an indict- ment and a conviction? Why should they be regarded out of the pale of society? "What does this law do? It concedes to three persons of 'education and ex- perience*—who, I want to know, passes upon the 'education and experience'? Has there ever been a board of censor- ship in New York State? "Why should a committee of three, of no experience and practice, with no standing other than their own peculiar minds, have the power of determining as to whether this great industry, the fourth in the world should be halted?" Continuing, Judge Jenks, learned in a legal way, picked the bill to pieces, bit by bit, showing up its faulty construction and the many versions which might be at- tached to this or that sentence or section. O'Reilly Files Brief Governor Miller followed him word for word. Judge Jenks spoke for per- haps thirty minutes and presented one of the finest arguments not only of the day but which has ever been presented in Al- bany in opposition to the establishment of a censorship of motion pictures. Judge Jenks closed, insofar as the pro- ducers were concerned. The exhibitors, as represented by Presi- dent O'Reilly, of the state association, took the floor. The hour was getting late and Mr. O'Reilly spoke only a short time and at the conclusion filed a brief which the governor said he would be very glad indeed to read. In the course of his re- marks, President O'Reilly told how a great many of the theatres would proba- bly be forced to close their doors, if sub- jected to a higher tax and an additional cost for their film. Everett D. Martin, director of Cooper Union Forum, the next speaker, said that from his experience no board of censor- ship could solve the problem. Its Supporters Assemblyman Clayton, introducer of the bill last January, was on hand and introduced the speakers who presented arguments favorable to bringing about the governor's signature. Charles J. Tobin, representing various Catholic interests, was not present in per- son but filed a statement through Mr. Clayton as being favorable to the measure. Clarence Hamlin, of Buffalo, speaking for the bill, said that he appeared in place of Attorney John Lord O'Brian who had not been able to come to Albany. Mr. Hamlin's talk produced some advertise- ments which had appeared in various papers, and which he left with the gover- nor, as portraying the salacious and sug- gestive type of advertising which had been adopted to attract patronage and which he declared could not help being harmful to young persons and which contained far too much suggestiveness for older ones. "Idols of Clay" Cited Mrs. Clarence Waterman, of Brook- lyn, who has been actively pushing the bill almost since its inception, and whom it is said would not be averse to being named as a member to the proposed board of censors, was one of the chief speakers, asking that Governor Miller sign the measure. In the course of her speech Mrs. Waterman cited two or three par- ticular pictures, which she told the gov- ernor were obnoxious in the extreme. In connection with her reference to "Idols of Clay," Mrs. Waterman went on to ex- plain at length just what was shown on the screen and declared that it was but filth thrown in the faces of the women and children of this country. "The National Board of Review," said Mrs. Waterman, "has served as a smoke screen for the motion picture people." Calls It An Experiment The next speaker, Dr. W. O. Stillman, president of the American Humane So- ciety, devoted the greater part of his argu- ment in telling the governor that there is entirely too much sex and entirely too much crime and crookedness being shown on the screen today. "I hope that you will see your way," said Dr. Stillman, addressing the gov-