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| Funkhouser on
Defensive
Source: Variety, 28 September 1917, pg. 32. The Vitagraph's fight against Major Funkhouser's banning of "Within the Law" again was heard before Judge Crowe in the circuit court Monday and again the court lambasted the censor with a verbal rapid fire charge. Judge Crowe also "told something" to Frank L. Ayers of the corporation counsel's office, who was arguing for Funkhouser. It was several weeks ago that the court ordered a permit granted and the present action is an appeal by Funkhouser, which stayed the exhibition of the film. The court stated that the city officials (Ayers and Funkhouser) did not appear to be acting in good faith, since he had in his possession two uncontested affidavits sworn to by film men and purporting to show that Funkhouser had declared that he would harass the film exchanges by appealing every case where a film was "questionable" in his opinion. Judge Crowe told Ayers that the tax payers' money should not be used in defending "an arbitrary despot" (meaning Funkhouser). The court further told Ayers that he was not the private attorney for the censor, but that he was working for the city; that he had better get together with his superior and that if nothing was objectionable in the film-- which has yet to be proven by Funkhouser-- that a permit should be granted forthwith. The case was then adjourned until Wednesday. In the Federal court Monday, before Judge Carpenter, there too was no definite decision on "The Spy" appeal, made by Funkhouser. But it looked like defeat for the censor, since the judge intimated that he would not overrule the decision of Judge Alschuler. Unlike "Within the Law," "The Spy" is being exhibited on a temporary injunction until a final decision is reached and last week played in ten Chicago theatres. Stung by the rebuffs in the courts and criticism in the press, Funkhouser gave out a statement Monday denying he was censoring films arbitrarily and he quoted various city ordinances, laws of the legislature and a decision of the Illinois Supreme Court to support his contention. After quoting the laws and ordinances he concluded with "On the above standard I have censored moving pictures in the past and shall continue to do so until the courts lay down a clear interpretation of our ordinances contrary to the present standards." However, with several groups of attorneys representing the film exchanges strenuously fighting the Major, both in the federal and circuit courts, the censorship situation is due to be cleaned up. The court action on "Within the Law" has been continued until Oct. 8, and the case on "The Spy" goes over to Friday. A censorship fight is now on in the City Council. Alderman Steffen in committee has proposed an amendment to the present ordinance, stipulating that before a film is finally rejected it shall be passed upon by a majority of a censor board composed of ten prominent citizens. William A. Brady spoke before the committee, asking for a square deal in Chicago for film producers. He charged Funkhouser with being absolutely unfair and unjust in his rulings. He explained how the national industry was helping the Government and said no reputable film producer wanted to portray anything immoral and that he was in favor of a penitentiary sentence for any who did so. |
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Page authored: 18
February 2000 -
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