The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-02-14
FIRST GUN FIRED


before Judge Dana next Friday, it was
said this morning. The most import
ant question before the court VIII pe.
Is the film immoral or IS IL not - -
expected Schenck. McKeever ana Mel
son will call upon "a gOOdly nufnDeT
of those in the audience When the PIC
trire was shown here to testify.
Several weeks ago. Ross, acting in
dependently. it is said, turned down
the film after il had been shown be
fore a select audience of zoo state OF
ficiaIs city anG county ofticiels, news
raDer men and prominent men IN To-
peka private life. The mammoth pro-
duction moved. this audience-men
and women slew to show emouon-to
wild applause and unshed tears
First i'm Kansas.
The suit today is the first OF IT'S
Kind ever filed in Kansas. Fight att
er fight has been made against the
Kansas moving picture censorship Oh
moral grounds but this is the first time
that the action of the censor mas ever
been questioned in court.
Today's suit is sensational ana de-
tailed 1t consists OF seven pages. Le-
gally and politely the petition gives the
lie to Censor Ross in answer TO MS
Sljbtentions that the film is immoral.
~F;itt that is not all. The attorneys of
etFe film owners in thei~ petition brand
Ross's act in turning down the film as
"a caprfcious and uT Law full act"
The petition further says
The plaintiff is engaged in the
business of exhibiting said photo play
in several Of said states, and that the
same has been shown by plaintiff in
the states of Minnesota, Iowa, North
Dakota Montana, Wyoping, NebraS-
ka. Colorado and Idaho. to large and
enthusiastic audiences, and that the
play has run in the city of Minneapo-
lis, Minnesota, for more than two hun
bred performances.
OF Absorbing Interest.
THAT said photo play, The Birth
of a Nation consists of many thou
sand feet Of films and the finished
production thereof is of absorbing in
terest OF high artistic merit, and is
moral and instructive; that both low
able and unworthy characters of both
the white and black races are shown
but in all instances true to human ma
ture, without eXaggerauOn, caricatur-
ing or unkindness: that the characters
and situations are depicted as they
were during the period just preced-
ing the Civil war, and during the pc
riod of reconstruction following it, no
scene being shown of events later than
the year 1871; that the play, The
Birth of a Nation is in all respects,
moral, instructive and proper; and it
is not sacrilegious. obscene. indecent
or immoral. nor does it tend to corrupt
the morals and the film is in all re-
spects fit for exhibition; that the
beauty of the play is enhanced in this
presentation of the same by plaintiff
by synchronized music played by an
adequate orchestra, making a superb
setting for the play.
Historic and Dramatic Interest
Plaintiff states that he is informed
and believes that the idea of said
photo play was conceived on an I'M
precedented scale of magnificence and
art, and of historic and dramatic in
hat a " IHrff
producer of said film, engaged many
of the leading and most talented and
able performers to act and pose for
said play, which said performers, or
sIllotion picture actors as they are COM
smonly known, were by the said Grif-
fifth paid liberal and munificent sal
aries. and that in addition to said lead
ing performers or actors, many thou
sand men. women and children were
employed in the production of the
various scenes, and that many build
ings, articles of furniture and apparel
and other property forms, were pur-
chased or leased by the said Griffith
at very great expense. for the taking
of said picture, and the work of such
preparation continuously occupied the
time, energy and talents of said Grif-
fifth and said performers for a period
of over eight months from after June,
1914. until the month of February,
1915. and the said Griffith paid gu
and incurred in and about such prepa-
aEftlon large sums or money amount
eng in the aggregate to more than
100000.
shown in Many Places.
Plaintiff states that he is informed
and believes that since said month of
February 1915. said photoplay has
been exhibited in the states of Cali
fornia, Oregon. Tennessee, Pennsyl-
vania, Illinois, Wisconsin, Texas. Mis-
sissippi. Washington, Rhode Island,
West Virginia. Indiana, Missouri. Flor
ida, Virginia, Michigan. Arkansas, Ok
n hona. North Carolina, New Jersey,
aieorgia. New York, Vermont. New
1fzampshire. Maine. Connecticut Lou
isiana, Kentucky and the Dominion of