New Britain herald., 1925-08-17
Lawyer Holden, Coun- sel For Motion Pic ture Men Also To Bring Other Suits Be- fore Final Decision Is Handed Down.
Finding Is That Law Is Po-
 lice Regulation and Is Not Burden or Restraint of Interstate Commerce

Connecticut law which imposes q laA nnon moving picture films shown Ill the state, and also proNldlhs loi censorship of the films by the S'aIo t.x commissioner, was held to De constitutional in decision filed hcIe today by the special federal cour' hich heard the case on July loth'
 Law Is Enforceable
 The court which consisted or eu- .ral Judges Henry Wade kogerS' Henry Goddard and Thomas mach AT held that as the state law IS con ,titutional 1t is enforceable' lne .nurt held that the law was purely q nolice regulation and that 1t IS not burden nor is it directly or sup stantially restraint on interstate commerce such as conducted py the ccmplainants.
 Injunctions Refused
 The action for an lnJhnclloi' ,,oirst the enforcement of the ia" was brought by the Fox llIm COT noration of New York and the Ailie'- ican Feature Film company, moor rorated of Boston. The court oe- nied the petitions for inJunc'ionS ie- sraInins the state tax commlSsIon- CT from enforcing the law.
 It was disclosed in the decislo" that the Motion Picture Couhcli Ill Anerica incorporated, as friend ot tba court filed d brief in support ol the eomplainants.
 Will Appeal Again Benedict NJ. Holden of Hartlorn, counsel for the compIainanls gnu the industry in the state stated a'ter receiving word of the courts decls~ ion adverse to his clients, that an anneal would be taken to the C' 5, sunreme court Immediately anu +bat he and associate counsel WonI' have prepared suits to be brousht srajnst the state on "other grouhua and that such suits would probabIy 1oIIov before the decision Of the birI,est court is handed down on the appeal.
 Argued Last Month
 1,,hon thn caso was argued in this citv last month the presentation Wac h,. George w. WiCkprShaW or Nc" yorl, as general counsel represent ,np the industry nationally. The ec' +ion was taken hy Benedict N' fioI' den to inc special federal court Wltll' ont any intervening court act'oh' ! was at first expected that 'he Fou' uicbt he heard in the |. s. dlstHc court but as the question o' cons, l. trtionalitv of the law was m claimed issue tho special court iuhC +inned as T constitutional court.
 The state was represented by AT thur l.. Shipman of Har,'ord' as "l'' ciaI counsel instead of the attorh'! general Tho stafe VJS the respoh dent aIthough the nction was agaih6 William H. Elolgctt, the stale 'a' commissioner who has the auj hofU' of special commission for tn" F'r nose of collecting the tax on h'm and of censorship,
 Record of IaN Is hcN'
 -he law became "fttc;iy" July ] h,, the ta axing of films was not 10 n' made until July S. John J. Splaih . t3ts ci,v. ! veteran theatrical man vas appointed special deputy to al minister thc iav. No tax was Pdl. on films because o, the suit "o'c' had been brought, hui Commission CT Rlodgett notified all "NiNh'ore c films 10 keep record of the picture shown after July S that the "a might be collected in cas" the laT should be urhell
 The law lays tax on nm brought into the state of $l" for on thousand feet of film, and 5o cont for each hundred feet of film eve that until of length. but no tax laid on ntvs reels or hlms of educa tional or scentinc >aine or "hlr are 10 he shown for rromction Of '1 ucational. charitable, religious or 1a triotic purposes
 Will Demand Lists
 Mir Srlain said on h"inG told e the court decision, that the declslo' having been in th" states favor Il would demand Of tEr theaters ns of the films they have shown slnC the law went into effect and woul' cor,ruts the taxes to rn paid upo the returns. He said that TO at tcmrt was made tn collect inc taAe after the law went into effect hu tbe tax commissioner allowed elsh days of grace on hlms shipped int the state prior to July l. All mo ton picture operators were ord're to keep a list of the pictures sho"r There appeared 10 he no spo|es man for local exhibitors, as to Tn decision Of tine court.
 Text of Decision
 The text of the decision says part. ,- ,ecticut statute is not void as con stituting a regulation of in'ersta' commerce within the implied pro bihition of the constitution Of tn U. s.
 The statute docs not in term leeisiats respecting importations int Connecticut of films brought froi outside the state. It operates ahk on films brought into the state an those produced in the state.