St. Paul recorder. [volume] (St. Paul, Minn.) 1934-2000, 1940-04-12

SAO"AAS VI InS HO-ycdr-OlQ prOpa-
quire theatre to desist in its pre-
sentation.
At l p. m. a police officer was
despatched to the theatre with a
letter ordering the theatre to stop
showing the birth of a Nation"
in these words, eff the picture is
not Immediately discontinued, l
shall exercise the authority given
me under the charter of the city of
Minneapolis to revoke your license
to conduct a moving picture theatre
at 729 Hennepin Avenue" The
theatre people said they would con-
fer with their attorney.
At p. m. that afternoon when
Kline discovered that the play was
still running he ordered a license
revocation prepared. In the mean
time Sam Halperin, attorney for
the Minneapolis Theatre Company,
which operates the Esquire theatre,
called City Attorney Wiggin and
told him that the mayor could not
under the law revoke a license
without formal hearing. The pic
ture continued to show and con-
ference was hurriedly arranged be-
tween the mayor and Irving Gil
man, the Esquire manager, for Sat-
urday morning.
After short talk formal hear
ing was arranged with representa-
tives of both sides for Monday at
p. m. Participating in the hear
ing were Irving Gilman, his father,
Sam Halperin the Gilman's attor-
ney for the theatre; Miss L. o.
Smith, N. A. A. G. P. attorney,
Henry Murray of the Civil Rights
group; DR.. w. D. Brown of the
Business and Professional Associa-
lion, and Cecil E. Newman, news
paper editor.
Short presentations were made
by those opposed to the film. New
nan said "The continued showing
Of film like the Birth of a Ma
ton may cause disorder in this
city as it has done in other COM
nunities." Henry Murray asserted,
Its just another attempt to build
Up race prejudice for the benefit
If the reorganizing Ku Klux Klan."
Human rights and the brother
hood of man should rule in this
natter" DR.. Brown said. "My
father opposed this picture in 1915
because of its vicious appeal to
race hatred and 1 think it should
be banned today"
Halperin, the Esquire theatre
manager, cited court decisions re-
garding similar cases, claimed the
picture had never caused racial
friction and urged the acting
mayor to ignore the petition to
close the showing. Irving Gilman
said he had booked the film in
good faith and asked the opposing
group to consent to his running the
picture until Sunday.
Miss Smith, speaking for those
opposed, absolutely refused to
agree to continuance. Acting Mayor
Kline offered as a compromise the
closing of the film on Tuesday.
Miss Smith after comforting with
Murray, Brown and Newman,
agreed providing stipulation was
signed by Gilman. Gilman's father
who is one Of the owners made an
impassioned appeal to the mayor
asking that the picture be allowed
to run until Sunday. Mayor Kline
refused and told the conference
that he would revoke the theatre
license Tuesday.
Make New Requests
Tuesday morning the Gilmans
made another proposition to the
hesitant acting chief executive that
the film be allowed to continue I'M
til Thursday. Kline turned them
down again but compromise was
finally reached when the picture
house agreed to sign a stipulation
to close the controversial film We'd
nesday night.
Moral Victory Gained
The closing was a moral victory
for the citizens white and Negro
who fought its exhibition in Mime
apolis. It also marks the first time
the film has been halted here by
agreement in Minneapolis.