Censorship; Horse stealing -- Drama; West (U.S.) -- Drama
those actresses and skirt dancers who have brought the peculiar
aphrodisiac effect which is objected to to the highest pitch of
efficiency wear twice as many petticoats as an ordinary lady does,
and seldom exhibit more than their ankles. Unfortunately, municipal
councillors persist in confusing decency with drapery; and both in
London and the provinces certain positively edifying performances have
been forbidden or withdrawn under pressure, and replaced by coarse and
vicious ones. There is not the slightest reason to suppose that the Lord
Chamberlain would have been any more tolerant; but this does not alter
the fact that the municipal licensing authorities have actually used
their powers to set up a censorship which is open to all the objections
to censorship in general, and which, in addition, sets up the objection
from which central control is free: namely, the impossibility of
planning theatrical tours without the serious commercial risk of having
the performance forbidden in some of the towns booked. How can this be
prevented?
DESIRABLE LIMITATIONS OF LOCAL CONTROL
The problem is not a difficult one. The municipality can be limited
just as the monarchy is limited. The Act transferring theatres to local
control can be a charter of the liberties of the stage as well as an
Act to reform administration. The power to refuse to grant or renew a
licence to a theatre need not be an arbitrary one. The municipality may
be required to state the ground of refusal; and certain grounds can be
expressly declared as unlawful; so that it shall be possible for the
manager to resort to the courts for a mandamus to compel the authority
to grant a licence. It can be declared unlawful for a licensing
authority to demand from the manager any disclosure of the nature of any
entertainment he proposes to give, or to prevent its performance, or
to refuse to renew his licence on the ground that the tendency of his
entertainments is contrary to religion and morals, or that the theatre
is an undesirable institution, or that there are already as many
theatres as are needed, or that the theatre draws people away from the
churches, chapels, mission halls, and the like in its neighborhood. The
assumption should be that every citizen has a right to open and
conduct a theatre, and therefore has a right to a licence unless he
has forfeited that right by allowing his theatre to become a disorderly
house, or failing to provide a building which complies with the
regulations concerning sanitation and egress in case of fire, or being
convicted of an offence against public decency. Also, the licensing
powers of the authority should not be delegated to any official or
committee; and the manager or lessee of the theatre should have a right
to appear in person or by counsel to plead against any motion to refuse
to grant or renew his licence. With these safeguards the licensing power
could not be stretched to censorship. The manager would enjoy liberty of
Public-domain text, read in full here on John Shaqi.
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