The New York herald., 1922-05-29
Stage Jury Vital
as Check on Plays,
Says J. .Gilchrist
Court of Appeals Decisions
Lift All Authority Of Lii
cense Commissioner.

Now that the Court OF Appeals has
broken the power OF the License Com
missioner TO close up any theater pro-
ducing an immoral or indecent play.
the official censorship proposition is
certain to be revived, according to John
F. Gilchrist, License Commissioner.
There is probably only one agency
which can p.event the imposition OF an
official censorship over the speaking
stage such as was imposed on the mo-
ton picture industry. That Is the vol
untary stage censorship plan evolved
and put into operation by owen Davis.
Augustus Thomas. Eric Schuler and
representatives OF the Producing Man
ayers Association. the Actors Equity
Association. the American DraInatists
Society and the Drama League, and Of
various religious. welfare and reform
bodies meeting under the title Of the
Better Shows Movement.
The Court Of Appeals decision in the
case of THE Dami-Virgin' was a shock
TO the License Commissioner and other
authorities that had hoped to retain
official control OF tie theater in this
city. According to Mr. Gilchrist. Il
abolished the only check on plays--the
authority of the License Commissioner
to revoke the license of any house pre-
senting play that did not suit the
public notion of morality.
The city authorities had tried to have
the producer of ''The Demi- Virgin"
prosecuted for immortality. but the
Grand Jury refused to indict and the
criminal prosecution fell Then Gill
christ tried to close up the theater by
revoking the license. and In this action
he was sustained by Justice Wagner Of
the Supreme Court. II looked then as
II there was. after all. one official au-
thority over the theater. Then The Court
of Appeals overruled Justice Wagner.
In his official report. made public
Yesterday. Commissioner Glchrist g1ade
It clear that the threat Of an official
political censorship over the stage. hate
full as the notion is to progressive
thought. would certainly be revived if
the Court of Appeals reversed Justice
Wagner. The report was written before
the nature of the expected decision was
announced.
For some reason Commissioner GIL
christ did not discuss the voluntary
censorship plan formed by Mr.. Davis
and his associates as the only possible
way Of staving off ar official censor
ship and purifying the New York stage.
but It is known that the Commissioner
dppTONeu Ol Tue pau anu ptllcNts tHdt
the agreement recently signed by the
various theatrical interests concerned.
to agree to take off play condemned
by jury selected from a panel of 800
intelligent and fair minded citizens,
would work effectively. Speaking unof.
ficially. the Commissioner has stated
his opinion that the voluntary plan of
preserving the moralties and decencies
Of the theater may be the only means OF
forestaling the official censorship.
The Commissioners report noted o
striking increase of the number of taxi
cab drivers licensed in 1921--11. .404
There were only 400 in 1918. 1t was
stated that every effort Is being made
to investigate the records of taxi drivers,
and the Commissioner said he Is trying
to get rid Of the criminal and ex-convict
element among this class of licensed
persons. After March 81 the Commits
sioner withheld licenses in every apph-
cation until the Police Department had
reported on the applicant. finger print
, reports included
In spite Of unemployment conditions
the number of private employment
agencies in New York has increased
from 72S to 7sS. The department issued
almost 100000 licenses in 1921.