The monitor. (Omaha, Neb.) 1915-1928, March 25, 1916, Page 4, Image 4

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The Monitor
A Weekly Newspaper devoted to the civic, social and religious
interests of the Colored People of Omaha and vicinity, with the desire
to contribute something to the general good and upbuilding of the
community.
Published Every Saturday.
Entered as Second-Class Mail Matter July 2, 1915, at the Post
office at Omaha, Neb., under the act of March 3, 1879.
THE REV. JOHN ALBERT WILLIAMS, Editor and Publisher.
Lucille Skaggs Edwards, William Garnett Haynes and Ellsworth W.
Pryor, Associate Editors.
Joseph LaCour, Jr., Advertising and Circulation Manager.
SUBSCRIPTION RATES, $1.50 PER YEAR
Advertising rates, 59 cents an inch per issue.
Address, The Monitor, 1119 North Twenty-first street, Omaha.
Telephone Webster 4243.
THE FACTS OF THE FIGHT.
We had sincerely hoped that we
were through, for a time at least, with
the Dixon-Griffith photo-play which
was permitted to run for six weeks
in our city at the close of last year.
Our readers are fully advised of the
steps then taken, not to have the play
stopped, but to have the most objec
tionable features eliminated or mod
ified, as was done in many other cit
ies before the pictures were permit
ted to be shown. But that the record
may be clear, let us review what was
done.
1. The matter was taken up per
sonally with Mayor Dahlman, upon
whom we felt we could confidently
count. He called into consultation
John C. Rine, city attorney, and di
rected him to look up the law and see
if there was any ordinance under
which he could act. Mr. Rine’s opin
ion was that there was no such ordi
nance. Mr. Dahlman then said to us:
“In the absence of an ordi
nance I do not see what I can do. If
we had an ordinance under which I
could act, and we ought to have one,
I would see that the ordinance was en
forced. There is not time enough now'
to have an ordinance passed that
would prevent their coming. One
might be introduced that would pre
vent such things in the future.”
Mr. Rine speaking for the Mayor
before a committee of citizens in the
Mayor’s office,*gave the same legal
opinion.
Up to this point we believe that
Mayor Dahlman acted in good faith.
We believe that Mr. Rine’s opinion as
to the absence of a specific ordinance
covering the case was correct.
2. A representative committee of
our best citizens, of both races then
waited upon the management of Bran
deis theatre, a representative of the
company presenting the film being
present, and requested the manage
ment to eliminate the most objection
able features. This they positively
declined to do. One concession was
secured from Mr. Sutphen. At the
suggestion and request of Mrs. F. H.
Cole, he consented to have printed on
the theatre program, a note prepared
by the committee calling attention to
the fact that the fidelity and loyalty
of the slaves as he protectors and sup
porters of the white women and chil
dren of the South during those peril
ous times was nowhere adequately
portrayed in the film. This note was
printed on the program.
3. Having failed to secure the re
lief we sought, as a last resort re
course was taken to the courts. Ten
Colored citizens through the law firm
of Jeffries & Tunison, filed a petition
before Judge Redick in the District
Court seeking a restraining order.
This Judge Redick refused to grant.
He took the rather unusual course of
refusing to issue an order directing
them to show cause why they should
not be enjoined. Judge Redick took
the position that relief rested with the
Mayor and Council. It has been sug
gested that Judge Redick’s opinion
may have been influenced by the fact
that he is interested in or owner of
the Gayety Theatre. We would dis
like to believe that a judge would be
in any way biased in giving his opin
ion or judgment in any case in equity
because of his ownership or interest
in similar property. Certainly, not
a gentleman of the standing and pro
bity of Judge Redick.
4. Early in November we precent
ed a copy of the ordinance which had
been prepared by the able attorneys
of the N. A. A. C. P. to the city at
torney’s office and said that we be
lieved that it would adequately cover
the case here. The ordinance as sub
mitted was amended by adding sec
tions 2 and 3, and introduced by
Mayor Dahlman to Council sitting as
a Committee of the whole, November
11. It was recommended for passage
and then “influence” was brought to
bear to have it held up until the photo
play was about ready to leave the city.
It was passed December 21st. The
photo-play engagement closed Decem
ber 26.
We believe that in holding up that
ordinance Mayor Dahlman and all the
Commissioners broke faith with us.
We personally told three of them this
in an interview in the Council cham
ber. The three were Messrs. Dahl
man, Kugel and Drexel. We told them
that it looked very much like a case
of double crossing. We said so pub
licly in these columns.
After the ordinance passed we were
told that it would be impossible for
offensive photo-plays, etc., to be pre
sented here in the future.
These facts are here set down for
the enlightenment of Judge Foster,
among others, in order that he may
understand just what steps were taken
and why it ultimately came up for
his decision, “chiefly for political rea
sons,” as he expressed it in prefacing
his outrageous decision.
We were astonished when our at
tention was called to the fact that
“The Birth of a Nation” was adver
tised for “ a return engagement by
request” at the Brandeis theatre. It
was urged that it would be absolutely
wrong to permit it to come without
protest, inasmuch as a suitable or
dinance was now in effect. We replied
that it looked to us very much like a
political trick. It wras known how the
race felt. The politicians who played
us false would expect us to make a
great- fuss about it; the law might
now be enforced, and that fact would
be sufficient balm for wounded feel
ings. We consented, however, to write
a letter to the Commissioners advising
them of what they already knew, that
this play was coming and that they
had an ordinance in effect under which
they could act and simply asking what
they were going to do about it.
The Council directed Police Commis
sioner Kugel in its session Monday
morning to proceed against the the
atre for violating the city ordinance.
This he proceeded to do. The theatre
management went before Judge Leslie
and secured an injunction restraining
the city officials from interfering or
even filing a complaint! An unwar
ranted invasion of police power, upon
which Judge Leslie was compelled to
reverse himself by City Attorney Rine
and McGuire.
This left the way open to file a
complaint and have the manager of the
theatre arrested. The City Attorney’s
office advised us that they were will
ing to do this if some of us who were
interested would stand by it and help
secure conviction. A committee con
sisting of Dr. Hutten, Thomas Adams,
the Rev. W. T. Osborne, Mrs. J. Alice
Stewart and the editor were called
into consultation. Two of us frankly
stated that we did not feel like wast
ing any more time in the matter; we
were tired of being played with. The
City Attorney’s office, seeming so sin
cere, we concluded to co-operate for
the sake of establishing a precedent.
Mr. Sutphen was arrested. The case
was tried by Judge Foster of the Po
lice Court to whose jurisdiction it
belonged. Mr. McGuire appeared for
the city and Mr. Kinsler for the the
atre people.
Despite the fact that it was pointed
out that the ordinance strictly forbids
the exhibition of anything which
“shall represent or purport to repre
sent any hanging, lynching, etc,” and
that the photoplay represents “Gus”
as being lynched by the Ku Klux Klan
and what purports to be his body is
thrown on the steps of Lynch, the
mulatto lieutenant governor, and a
warning placard placed on the corpse,
the erudite, the learned Charles E.
Foster, police magistrate of the city
of Omaha, referring to his notes pre
pared before the hearing of the case,
decided that in showing “The Birth of
a Nation"’ the management of Bran
deis theatre had not violated Ordi
nance No. 9094, and therefore dis
charged the defendant from custody.
This Decision is Rotten—Absolutely
Rotten to the Core.
Anyone with a thimbleful of brains
or common sense, who will read the
ordinance and see the photoplay and,
especially the lynching of “Gus” and
yet claim that the ordinance is not
violated, in our judgment, exposes
himself to the charge that he is either
a fool or a knave.
Here is the story of our fight on
the photoplay and the result. It calls
for some hard thinking. What do you
think about it?
NEW HOME FOR NEW
YORK Y. M. C. A.
New York City, March 10.—Plans
for the new building of the West Fif
ty-third street branch of the New York
Young Men’s Christian association
are being drawn by John F. Jackson.
Work on the building will be begun on
May 1. The land and structure will
cost about $180,000. The building will
be located in Harlem at West One
Hundred and Thirty-fifth street, near
Seventh avenue.
Remember the Name
FRANK BANDLE
Will Appreciate Your Support for
CLERK OF THE DISTRICT COURT
Republican
Primaries April 18, 1916.
VOTE FOR
Kelso A. Morgan
Republican Candidate for the Office of
PUBLIC DEFENDER
Primaries April 18th, 1916.
Vote in 5th, 6th, 9th, 12th and East
Omaha Wards.
VOTE FOR
James R. Musgrave
Republican Candidate for
COUNTY COMMISSIONER
Fifth District
Primaries April 18, 1916.
Benj. S.
BAKER
REPUBLICAN CANDIDATE FOR
Congress
Vote for the Colored Man’s Friend.
Republican Primaries April 18, 1916.
William F. Wappich
(Attorney)
Candidate for
POLICE MAGISTRATE
An Efficient and Plain Man for the
Plain People.
Sam K.
Greenleaf
Chief Clerk County and City
Treasurer’s Office
Republican Candidate for
COUNTY CLERK
Vote For
JACOB LEVY
For
JUSTICE OF THE PEACE
He Knows the Office—Me Has Been
Justice Before.
P. I. Trainer
Vote For
FOR REPRESENTATIVE
\ Friend of Our Race—He’s All Right
Republican.
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