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

conscience as far as the local authority is concerned; but on the least

attempt on his part to keep a disorderly house under cover of opening a

theatre he would risk his licence.

But the managers will not and should not be satisfied with these limits

to the municipal power. If they are deprived of the protection of the

Lord Chamberlain's licence, and at the same time efficiently protected

against every attempt at censorship by the licensing authority, the

enemies of the theatre will resort to the ordinary law, and try to get

from the prejudices of a jury what they are debarred from getting from

the prejudices of a County Council or City Corporation. Moral Reform

Societies, "Purity" Societies, Vigilance Societies, exist in England

and America for the purpose of enforcing the existing laws against

obscenity, blasphemy, Sabbath-breaking, the debauchery of children,

prostitution and so forth. The paid officials of these societies, in

their anxiety to produce plenty of evidence of their activity in

the annual reports which go out to the subscribers, do not always

discriminate between an obscene postcard and an artistic one, or to put

it more exactly, between a naked figure and an indecent one. They often

combine a narrow but terribly sincere sectarian bigotry with a complete

ignorance of art and history. Even when they have some culture, their

livelihood is at the mercy of subscribers and committee men who have

none. If these officials had any power of distinguishing between art and

blackguardism, between morality and virtue, between immorality and vice,

between conscientious heresy and mere baseness of mind and foulness of

mouth, they might be trusted by theatrical managers not to abuse the

powers of the common informer. As it is, it has been found necessary, in

order to enable good music to be performed on Sunday, to take away these

powers in that particular, and vest them solely in the Attorney-General.

This disqualification of the common informer should be extended to the

initiation of all proceedings of a censorial character against theatres.

Few people are aware of the monstrous laws against blasphemy which still

disgrace our statute book. If any serious attempt were made to carry

them out, prison accommodation would have to be provided for almost

every educated person in the country, beginning with the Archbishop of

Canterbury. Until some government with courage and character enough

to repeal them comes into power, it is not too much to ask that such

infamous powers of oppression should be kept in responsible hands and

not left at the disposal of every bigot ignorant enough to be unaware of

the social dangers of persecution. Besides, the common informer is

not always a sincere bigot, who believes he is performing an action of

signal merit in silencing and ruining a heretic. He is unfortunately

just as often a blackmailer, who has studied his powers as a common

informer in order that he may extort money for refraining from

exercising them. If the manager is to be responsible he should be made

responsible to a responsible functionary. To be responsible to every

fanatical ignoramus who chooses to prosecute him for exhibiting a cast

of the Hermes of Praxiteles in his vestibule, or giving a performance of

Measure for Measure, is mere slavery. It is made bearable at present by

the protection of the Lord Chamberlain's certificate. But when that is

no longer available, the common informer must be disarmed if the manager

is to enjoy security.

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