The Moving picture world (July 1925-August 1925)

July 18, 1925 MOVING PICTURE WORLD 249 Hays Heads Fight to Enjoin Conn. From Enforcing New Tax*Censor Law M. P. P. D. A, Establishes Bureau for All Exhibitor Statistics — Pettijohn and Dept. of Justice Sound Showmen on Status of Film Boards of Trade By Tom Waller HOW a battle will be waged to restrain the State of Connecticut from enforcing its new law on taxation and censorship, on the ground that the infant statute is unconstitutional. The birth of a new bureau in the Hays organization defined as an ABC in exhibitor statistics. The collaboration of a Department of Justice Agent and Attorney John Pettijohn in compiling a letter to determine national exhibitor sentiment on the status of Film Boards of Trade, resultant in the Hays office hearing from about 90 per cent of those showmen queried in the thirty-two trade zones. These were the subjects made known and discussed at a conference early this week among executives of the Motion Picture Producers and Distributors Association of America and members of the trade press. Courtlandt Smith, Will Hays' assistant, then revealed that this is the first of a series of such confabs when "cards will be laid on the table" and the trade papers will be able to get a "low down" in unison on things as viewed in the M. P. P. D. A. camp. Connecticut Test Cases Cases to test the validity of the new Connecticut statute, favorable decisions for which would mean the literal shelving of this law, will soon be tried in the United States District Court. Gabriel Hess, of the Hays legal staff, stated that complaints in this respect have already been filed. Of the plaintiffs in these actions the William Fox Film Corporation and the American Feature Film Company of Boston, are two. The defendants named include the following Connecticut officials : Governor John H. Trumbull, Tax Commissioner Blodgett, Deputy Tax Commissioner John J. Splain, Commissioners of Police Robbins B. Stoeckel, Frederick W. Salmon and Ernest L. Isbel; Superintendent of Police Robert T. Hurley. The plaintiffs mentioned will typify to the court the different conditions under which pictures are distributed in the Nutmeg state, Hess said, since the first is a member of the M. P. P. D. A. and subject to its methods while the second is not, consequently working under another system. Primarily the battle against the enforcement of the new law will be based upon the ground that it is unconstitutional. Since the statute with the Governor's approval was placed upon the state ledger and cannot be eradicated unless such action is taken by the legislature, the aggressive forces will seek what will amount to a permanent injunction. Should this be secured it will provide all the relief that would accompany a direct repeal. Of the many points of contention which will be introduced in the course of a clash of legal talent, a most brilliant array of which will be headed by George W. Wickersham for the showmen, an outstanding one will be that shipments are an interstate transaction and are therefore not subject to taxation. As to the relegating of censorship to the police, plaintiff counsel will maintain, Hess said, that the determining of whether or not a picture is offensive is not within the judicial province of guardians of the law. The first round in court will be staged in New Haven on July 10 before Judges Rogers, Gavin and Thatcher. Wickersham, noted New York lawyer who has been retained by the Hays organization, will be aided in his argument by Benedict M. Holden of Hartford. They will oppose the State's Attorney General and his battery of counsel. Smith said that he had the assurance of the M. P. P. D. A.'s special attorneys that the film men should meet with victory. He was not aprehensive over the outcome from the present perspective of things. Should the court decree the law to be successfully effective, then, Hays' assistant stated, the outcome might prove fatal in its reflective action, nationally. In this connection it was brought out by Hess that at least twenty prominent newspapers in the state have come out with editorial emphasis against the law. He said that Connecticut represents about two per cent of the entire intake from the film industry. Should the law become effective the penalty is $100 or sixty days or both for a violation of any of its clauses. Exhibitor Statistics Bureau The Department of Exhibitor Statistical Information is the latest leaf to be added to the Hays organization booklet. This new bureau is presided over by Bert New, a man who has been prominent in many affairs having a national bearing. Everything relative to the film showmen, from their number to the seating capacity of their houses, will be corraled by Mr. New. This information will be on file in the Hays office ready for public inspection at any time. How Conn. Tax Will Be Imposed Describing the method of collecting the new Connecticut tax, Deputy Commissioner Splaine said: "Each film dealer will be required to obtain state seals at my office. All film packages brought into the state must have one of these seals attached, showing that tax has been paid. Shipments that do not bear these seals will be direct violations of the law and in ail such instances penalties as provided for in the law will be applied." Commissioner Blodgett, in a statement said that all applications for registration of films must be presented at his office in the State Capitol in Hartford or to Deputy Commissioner Splaine, whose office is in Poli's Palace Theatre Building, New Haven, at least seven days before the delivery of a subject for exhibition. Each application must be accompanied by payment of the amount of the tax due the state. At the time of registration there will be assigned to each film a serial number and it is to be placed on the reels' container. The number also is to be filmed and attached to the first reel immediately after the opening title. Figures and facts will be its motto, according to Attorney Pettijohn. The status, politically, of a town and state will also comprise a place on its file cards. The goal of this innovation is to provide any exhibitor anywhere with a perfect defense. Already New, it was announced, has compiled the correct names and addresses of 14,000 exhibitors. He expects that this list will run over 16,000. In order to keep the list up to the minute in accuracy secretaries of Film Boards of Trade have been instructed to check-up on the showmen in their zone every thirty days. The check-up will then be compared to the original files in the Hays office when any necessary changes will be made. Thus, if John Jones runs a first run house out in Tucson, Ariz., with 1,000 seats, pays $50 tax, has open Sunday and possesses so many playdates, all this is scheduled to be made known in the Hays bureau. The bureau, if carried out according to present plans, is promised not only to be a boon to every one in the film industry, but also as a particularly good aid to matters up for legislation. Smith ^tressed this point in declaring that the bureau was created as a help to exhibitors. Film Board Opinions With the $300,000 action filed recently by an Ohio exhibitor developed the news that Department of Justice agents were investigating Film Boards of Trade. 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