Moving Picture World (Sep 1916)

1866 THE MOVING PICTURE WORLD September 16, 1916 Decides Important Nuisance Case Tennessee Court Won't Enjoin Sunday Baseball in Nashville — Decision Expected to Be of Value to Motion Picture Theaters in Their Sabbath Opening Discussion. By J. L. Ray, 1014 Stahlman Bldg. Nashville, Tenn. NASHVILLE, TENN. — Circuit Judge Thos. E. Matthews on August 26th handed down a decision of importance, which will very probably prove of ultimate benefit to all amusement owners of Tennessee. Application for an injunction was made to restrain the playing of Sunday ball in Nashville. After Judge Matthews had attended a Sunday game in person with counsel for each side, he decided that the Sunday pastime could not be construed as a public nuisance, and in his opinion stated, in part, as follows: "Counsel for the state say that although there is no statute forbidding Sunday baseball, yet the common law forbids it; that it is an indictable misdemeanor at common law, and cites the recent case of Graham vs. State, 7 Thompson, 285, decided in 1915. Graham was indicted and convicted and his conviction was affirmed by the Supreme Court, for operating a moving picture show on Sunday on the main street of Chattanooga. The Supreme Court said in deciding the Graham case that 'The holding in State ex rel. vs. Baseball Club, 19 Cates, 310, when properly understood is not in conflict with any of the cases' cited to sustain the ruling in the Graham case. The 19 Cates case decided in 1912 was not overruled nor criticized. I attended with counsel. I saw no drunkenness, no profanity, no insults, and no fights. The noise was no greater than I have frequently heard at theaters, and it did' not seem to me that any residents were annoyed or disturbed. I therefore decline to issue a preliminary injunction. MATTHEWS, Judge." Certainly if Judge Matthews could find no objection to the noise of a baseball game with 3,500 people in attendance, it does not appear consistent that the operation of moving picture theaters on Sunday, where there is a pronounced absence of cheering and boisterous conduct, and where both players and audience are silent, could be termed as a public nuisance. In upholding the lawfulness of the ball games, it was specifically pointed out by the court that the noise was no greater than frequently heard at theaters. This being true, how then could the "noise" incident to a photoplay exhibition be considered objectionable? Fire at Dreamland Theater. Nashville, Tenn. — Fire which broke out in the operating room of Dreamland theater on August 23d, destroyed several reels of film and badly damaged the theater. Prompt action by several fire companies prevented total destruction of the building, -which is a wooden structure. Manager Vester rushed the necessary repairs, and the house is again in operation. Speaking of Enterprise. Nashville, Tenn.— When Exhibitor W. H. Wassman made a trip to Atlanta a few days ago, the picture people learned of the fact beforehand. On arrival at the station Mr. Wassman was confronted with the difficult task of choosing a conveyance for the uptown ride. Difficult? Difficult is right — there were eleven film men with nine automobiles waiting to carry the popular Tennesseean to the hotel. Plans to Reopen Lincoln. Nashville, Tenn. — If negotiations, which are now under way, are carried out, the colored populace of Nashville will again I a first class vaudeville and picture program this winter, through the reopening of the Lincoln theater. H. T. Banks, a negro theater man of Alabama, spent several days in the city last week looking over the prospects for the coming season, and expects to formulate definite plans within a few days. Banks is interested in the picture business in Huntsville and Decatur, Ala., and is president of the Twin City Amusement Company. The Lincoln is a splendid house, located in the heart of the negro business district, and it is' believed proper handling will make it a winner for the coming season. "Nation" Opens Vendome Season. Nashville, Tenn. — Upon his return from a New York trip, Manager W. A. Sheetz announced to the Nashville public that the Vendome theater, the largest playhouse in the city, would forego the usual minstrel show opening date, ushering in the season instead with a week's return engagement of "The Birth of a -Nation." Owing to the fact that the opening week, September 1S-23, coveft the same period in which the Tennessee State Fair will be held, indications point to another record-breaking run of the big feature. Thousands of visitors from over the South are annually in attendance at the agricultural and stock display, a large part of whom have not had an opportunity to witness the picture, and Mr. Sheetz is making every arrangement to handle the big crowds with the highest degree of efficiency. Youngstown [Operators Ask Increase Demand $6 More a Week— Some of the Larger Houses Said to Favor Giving In to Save Loss in Business. By Kenneth C. Crain, 610 First National Bank Building, Cincinnati, O. Y OUNGTOWN, O. — Exhibitors in ->■ Youngstown have before them a demand by operators for an increase of $6 a week in wages and a meeting is to be held to determine what shall be done about the matter. Most of the larger houses are understood to be in favor of granting the increase, as an alternative to possible trouble resulting in the interruption of business; but others feel that the additional burden would be unjust, many of the smaller houses having lost money recently, according to their proprietors. Some adjustment of the matter may be arrived at by a compromise based on the size of the theaters, and no serious trouble is therefore anticipated, as both sides are inclined to discuss the question amicably. Ohioans See "Fall of a Nation." Youngstown, O. — Local audiences ar* having an opportunity to see "The Fall of a Nation," the film made from the Thomas Dixon novel of that name, and in a way a sequel to his famous film, "The Birth of a Nation," which has been repeatedlybarred from Ohio. The former was shown first in Cleveland, and Youngstown is the second city in the state to see it. The Hippodrome booked the film for a week's run, and met with decided success, as there was deep interest in the subject. The objections which barred "The Birth of a Nation" were to the treatment of soms phases of the negro question from a Southern angle, but nothing of this sor'. occurs in "The Fall of a Nation," and Ohio people are consequently to be allowed to see it, with its strong appeal to the widespread sentiment in favor qf preparedness. t»i opening of sealed bids submitted for the purpose. Both the real estate and the various personal property connected with the operation of the theater were submitted for sale, but bids were received only for the whole, as a going concern. The highest of the six bidders was James S. Richardson, who offered $1S,000 for the property, and he will accordingly become the legal owner of the Clifton. For the purpose of the sale the property was appraised at $15,000, and it could nave been sold for considerably less than this, so that it can be seen that its value as a revenue-producing business was highly appreciated. The company was incorporated for $25,000, -and receivership proceedingwere brought several months ago by creditors and stockholders, on the ground that various causes had prevented the company from making money. Orpheum at Urbana Sold. Urbana, O. — The Orpheum, which is the oldest moving picture house in Urbana. has been disposed of, Mrs. Frank Reifsnider, who has owned the house for some years, having sold it to Mrs. J. A. Schultz. The house has been popular and profitable and the new owner expects to keep it running in a way to merit a continuation of this record. Manager Clark Young Weds. Bowling Green, O. — Clark Young, the popular manager of the Lyric theater, and Miss Hazel Keeler, of Haskins, have announced their marriage, which took place on August 18. In celebration of the occasion Mr. Young declared the public h!s guests at the Lyric on the evening following the announcement and gave his patrons a full program free of charge. But Few Plague Cases Here. Cincinnati, O. — The fact that there have been a few cases of infantile paralysis discovered in this city, and at least one death from the disease at the general hospital, has occasioned some alarm, not only among parents of children, but among moving-picture exhibitors, in view of the ravages of the epidemic elsewhere. In Toledo an order was issued by the health department a few days ago barring all children under the age of ten years from moving-picture shows, on account of the prevalence of the disease. However, tha precautions taken by local authorities have so far made the number of cases in Cincinnati negligible, and unless more of them appear it is not probable that any restrictions of the sort referred to will be necessarv. J. F. Richardson Buys the Clifton. Cincinnati, O. — The common pleas court of Hamilton county authorized the sale ot the Clifton Amusement Co., following the Film Happenings in Illinois By Frank H. Madison. 623 South Wabash Avenue. Chicago, 111. Gets Bad Shock in Booth. ROCK ISLAND. 111. — W. J. Derby, an employe of the American theater, touched a live wire while repairing the electric machine and received a severe shock. He fell against the machine, breaking the circuit, and then dropped to th<s floor unconscious. In falling he received an ugly cut over the right knee. New Illinois Incorporations. Woodlawn Amusement Company. Chicago: capital, $75,000; to conduct and operate theaters, places of amusement and entertainment; incorporators, Nicholas Kyriakopoulos, Constantine P. Tampery, Daniel M. Healy. The Main theater, Anna; capital, $7,000; incorporators, E. S. Alden, G. C. Parks, H. Reemes. The Romeo Theater & Amusement Com