The Denver star., 1915-12-25
Birth of a Nation
LII SAA NJ - -
Must Leave Gok12r1o.
Still the Job.-Colorado Sp3ngss ~ Gxal1
Junction Get Busy. Get Otainanc9 FaAae1And SIS
Follow this Case it i. in point Bsinbride - Mne
apoli.. 154 NJ w. page 9e4.
Revocation of Theater License.

h. Revocation of Theater Lcense 81
The charter of the city nf MinneApoiis gives the
ayor power revoke any license issued by
Iof the city The icensee of theater ssrAnaAd
exhibit the photoplay The Birth ota Natson and the
mayor notified him that it he did his license would be
voked
?, Theaters and Shows-Iicense-Po Power to Revoke.
The power the mayor revoke a license is not an
absolute 1t cannot be used or arbtrar
oppressively but only IN the exercise nonest and
reasonable discretion
Thea,ers and shows-Revoca,ion of License Discre
ton of Mayor-udicia Control.
The of the dscretonI of the with
of licenses cannot be subject judicial
The will merely inquire whether fair legal
discretion was exercised -
4 Theaters and shows-Revocttion. Of Licea1 lnjune
ton.
fairly aled for the Of the
of the mayor and the should not direct
enjoin his action.
Appeal from District Couk1 Aenaeein Sopaty lohn =
Steel Judge.
Injunction by A. G. Banbrdge. Jr, against The City of
Minneapolis and Others Temporary injunction denied and
plaintiff appeals Affirmed
HALLAM j. Plaintiff is the lessee of the Shubert
Minneapolis and he has license the
same theater In October Of this year he made
raneemen with the of the films of the photopay
titled The Birth of Nation to exhibit the at the
Shuber, Theater Thereupon w G. Nye. mayor Mime
apos conference advised plaintiff that he would not
permit the pbotopay to be exhibited that would
the license of the Shnber lheater should plaintiff
hbit play there Plaintiff brought this action enon
the from revokng incense ana asked
injunction during the pendency of the action The
denied the motion for Injunction and
plaintiff appeals.
The charter of the CITY of Minneapolis. contains this
provision:
Any license issued by authority of the city council may
the city council any tim" " City
Charter,
The question is whether the court enjon the
from exercising power which the law expressly gives
him.
The case heard in the trial upon ahidavits
hrffr
to what the films display synopsis attached of the
adavs however contains much that descriptive of the
play general the play to be historic though
does pot claim entire historic accuracy. The first portion
scenes Civil War the later portions
from the South in the days OF reconstruction
Directing attention the Objectionable portions. the
play shows the following:
Austin Stoneman leader Congress. proposed to es
tablish complete political and social equality
roes He induces mulatto. Slas Lynch go South
Carolina the Leader OF his people Stoneman also
to South supervise his equality program The
Iypch is Lieutenant Governor The Legislature
up mostly of Negroes carpe, baggers oos the
Lawlessness W hites elbowed off
street. the polls, and often despoled
possession Then arises the organization of the Ku ku
an which the conditions represented justifying
One film shows girl at Piedmont s. c.. pursued
renegade Negro family who had become
mitaman She desperately evadnR and dodging her
until almost cornered she leaps from bluff her
death Other films show the daughter Of Stoneman calling
Lynch, mansion in Piedmont which he has taken
his own on some errand of Lynch declares his in
tention marry make her queen of his empire
She protests and he orders Negro chaplain for
forced marriage Stoneman arrives and but