The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1902-02-12
UNABLE TO REMOVE
OFFENDING POSTERS
Mayor Has no Authority to
Act in the Matter.
PROMISED A CLEAN SHOW
The Eanuin Hill pu ur1ncoua ro 10 Guor
The Fannie Hill Burlesque Co. g Guar
antee to Manager Rivers.
WHAT COMMON LAW SAYS ON SUBJECT
The Owners Of the Academy of Music Have
Nothing Whatever 10 do With the Book
ing Of Shows, According to the
Terms of Contract

Mayor Powell was seen yesterday morn
ing by a representative of the News and
Observer in reference to the indecent
and suggestive posters OF the Fannie Hill
Burlesque Company which are such an
eye sore to Raleigh's citizens. The mayor
was asked If he intended taking any steps
toward ordering the posters removed.
The mayor said that there was no city
ordinance that covered the matter, and
that he therefore could do nothing in the
present status of affairs.
Asked If he would prohibit the company
from giving their show in the city, the
mayor said that he would not be justified
in taking that action under the laws as
they stand, and accordingly he would
make no attempt to- do So
He then went en- to say that If. on the
night of the performance, any complaint
should be made TO him of indecent or
obscene behavior on the part of any OF
the players of the company, he would
have the offending party promptly ar
rested This, he said. was the extent
OF mis- power H. the matter.
City Attorney Watson agreed with Mr..
Powell that there was no Law author
izing the mayor 10 take any action such
as ordering the offending posters TO be
taken down, on preventing the company
from giving their show here.
The only ordinance that touches at ali
upon this subject is Section p Of Chap
ter OF the Ordinances of the City of
Raleigh, which reads as follows:
ny ss,n uJo INT,
any signboard, sign-rost, gas fixture or
gas pipe. water fixture CT water pipe, or
any lantern, lamp or lamp post, or the
works or machinery CT the city Of Raj
eieh, or who shall write, paint, draw
carve CT cut any obscene word, letters or
device in any public place, OF. VINO shall
rost any bills ON any wall. house, or pole
or post in a public place without the con-
sent OF the owner and without the con-
sent OF the mayor or chief Of police, first
obtained in writing. shall be fined $50 or
Imprisoned so days
Mr.. Joseph G. Brown was seen, and
asked If the owners of the Academy of
Music had any control whatever over the
booking Of performances given there. Mr.
Brown said they had not. Mr.. Page. he
said, had, previous to his death some
two years ago. leased the property for
term of five years to the present proprie-
tor and manager Mr.. r. c. Rivers I'm
der the terms OF the contract, Mr Page
and his heirs were to have nothing what
ever to do with the booking of companies
or the giving OF performances in the
Academy Of Music. Mr.. Brown said the
owners never even knew, except from the
advertisements and bill boards. what
shows were given.
Mr.. II. C.. Rivers stated yesterday that
he had booked the show upon the writ
ten guarantee from the company thai
they would give clean show He
showed the News and Observer man the
telegram from the business manager of
the company, asking: Can you book for
February 18th, a clean show?" Upon
this understanding Mr.. Rivers agreed to
take on the company, and says he means
to hold them up to their contract. He
is determined they shall give nothing
tut a clean show in Raleigh.
Mr. Rivers said that on two previous
occasions this company had asked him to
book their show, and both times he had
refused TO do so. fearing that the tone
CT the performance was not what it
should be. He had, he said, only con-
scented this time uron their written guar
autee quoted above, and which he is keep
ing in case it may he necessary TO use it.
The common Law on this subject is in
effect as follows The exhibition in
public place Of any picture, writing or
print that Is obscene or indecent is in
dictabIe at common law it being an Of
fense contra bonos mores. This is so
because it tends to corrupt the morals
oil youth and make them immoral and
vicious, it being the desire OF the State
that its citizens should be moral and
vi1tuous.
According to this, the parties putting up
obscene or indecent pictures, or display
ing in public writing of corEupting ma
tu9e could te indicted before a justice OF
the pca2e, and Eound over 10 court for
trial. In this case. there is only need for
some determined citizen TO make for
nal complaint against the posters of
these bills, and have judge and jury
decide whether or not they come within
the meaning Of the common law