New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1916-12-01
Owners Will Try to Re-
open Case Decided in
Appellate Court
FIRST CONFERENCE
TO BE HELD TO-DAY
Stanchfeld and LittletOn
Retained TO Find Error,
if Any Exists

John B. Stanchtield and Martin ".
Littleton have been retained as coun-
sci BY the motion picture interests OF
the State in an attempt to overthrow
tie recent decision Of the Appellate
Division Of the Supreme Court, Third
Department, that motion picture shows
on Sunday are illegal. A con-
ference between counsel and represen-
tatives of the Exhibitors League Of
America and the National Association
of Motion Picture Industry. which in
cludes all of the best known film COM
panes, will be held to-day to decide
upon an immediate course Of action.
The movie" producers believe that
they have public sentiment on their
side at the start Mayor Mitchell and
the officials Of other cities in the State
have expressed their opinion that there
is a wholesome public demand that the
shows be given on Sunday.
10 is understood that Mr.. Stanch-
field and Mr.. Littleton have taken the
matter under consideration and have
found a way to reopen the case recent
ly decided in the Appellate Division.
without waiting to take it TO the
Court of Appeals.
Tells of Lawyers Plans
Lee A. Ochs. president of the Exhibi-
tors League for this State, said last
night he understood that the lawyers
contended that brief in the case Of
Leroy II. Bender, of Albany. who was
the defendant in the action which led to
the decision of the Appellate Division.
had been faulty. and that they would
apply to that court for a reopening of
the case on these grounds. The grant
ing of such a motion would act as
stay 70 the Objectionable decision and
permit the "movie" managers TO con-
tinue Sunday shows until the case was
finally decided.
Our whole course of action will be
mapped out at the conference to-mor-
row." said Mr.. Ochs last night. "Of
course we would all give our strongest
moral support TO any appeal from the
decision in the Bender case TO the
Court Of Appeals, but | believe Mr..
Stanchfield and Mr.. Littleton have
found a quicker and easier way 10 set
tie the question.
IF the matter should finally go 70
the Court of Appeals we are confident
that it would reverse the lower court
and declare that Sunday motion pict-
ures are legal We have also been ad-
vised by counsel that the Ncision in
the Third Department does not apply
to this department. and consequently
does not effect the moving picture
places in New York City"
To Open, Pending Decision
Mr.. Ochs said the moving picture
shows in this city would probably keep
open as usual, pending a final decision
of the whole matter. Several OF the
larger upstate moving picture theatre
proprietors are expected to attend the
conference to-day.
L. A. Pittner, Of Cohoes. vice-presl-
dent of the Exhibitors League OF
America for this state, telephoned Mr..
Ochs Yesterday that he would be pres
cnt. with several other upstate man
ayers. He said that while the movie
theatres were dark last Sunday night
in Albany, they were open IN Troy ana
Schenectady.
Mr.. Stanchfeld has represented the
Universal Film Company and MT
Griffith. William w. Seabury and j.
Robert Rubin are also attorneys for
the National Association and the Ex'
hibitors' League, and will take part in
to-day's meeting. William A. Brady,
for the World Film Corporation;
Walter w. Irwin, of the Vitagraph
Company; Adolph Zukor, Of the
Famous Players-Lasky Company, and
Ben B. Hampton, Of the General rim
Companv. are also expected to attend.
Gustavus A. Rogers, of 10 Broad
way. Yesterday said he had been re-
tanned to argue the appeal in the
Bender case before the Court of APP
peals. He explained that he expected
TO argue the appeal on January. 8.
Whether the Bender case will be taken
up on appeal may depend upon the
action decided upon at the conference
of the moving picture projectors to-