Funkhouser on Defensive
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Source: Variety, 28 September 1917, pg. 32.
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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.
[End of news article]
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Page compiled: 18 February 2000
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