Chapter 5

All this points to the transfer of the control of theatres from the Lord Chamberlain to the municipality. And this step is opposed by the long-run managers, partly because they take it for granted that municipal control must involve municipal censorship of plays, so that plays might be licensed in one town and prohibited in the next, and partly because, as they have no desire to produce plays which are in advance of public opinion, and as the Lord Chamberlain in every other respect gives more scandal by his laxity than trouble by his severity, they find in the present system a cheap and easy means of procuring a certificate which relieves them of all social responsibility, and provides them with so strong a weapon of defence in case of a prosecution that it acts in practice as a bar to any such proceedings. Above all, they know that the Examiner of Plays is free from the pressure of that large body of English public opinion already alluded to, which regards the theatre as the Prohibitionist Teetotaller regards the public-house: that is, as an abomination to be stamped out unconditionally. The managers rightly dread this pressure more than anything else; and they believe that it is so strong in local governments as to be a characteristic bias of municipal authority. In this they are no doubt mistaken. There is not a municipal authority of any importance in the country in which a proposal to stamp out the theatre, or even to treat it illiberally, would have a chance of adoption. Municipal control of the variety theatres (formerly called music halls) has been very far from liberal, except in the one particular in which the Lord Chamberlain is equally illiberal. That particular is the assumption that a draped figure is decent and an undraped one indecent. It is useless to point to actual experience, which proves abundantly that naked or apparently naked figures, whether exhibited as living pictures, animated statuary, or in a dance, are at their best not only innocent, but refining in their effect, whereas 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with drapery; and both in London and the provinces certain positively edifying performances have been forbidden or withdrawn under pressure, and replaced by coarse and vicious ones.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 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.

SUMMARY

The general case against censorship as a principle, and the particular case against the existing English censorship and against its replacement by a more enlightened one, is now complete. The following is a recapitulation of the propositions and conclusions contended for.

1. The question of censorship or no censorship is a question of high political principle and not of petty policy.

2. The toleration of heresy and shocks to morality on the stage, and even their protection against the prejudices and superstitions which necessarily enter largely into morality and public opinion, are essential to the welfare of the nation.

3. The existing censorship of the Lord Chamberlain does not only intentionally suppress heresy and challenges to morality in their serious and avowed forms, but unintentionally gives the special protection of its official licence to the most extreme impropriety that the lowest section of London playgoers will tolerate in theatres especially devoted to their entertainment, licensing everything that is popular and forbidding any attempt to change public opinion or morals.

4. The Lord Chamberlain's censorship is open to the special objection that its application to political plays is taken to indicate the attitude of the Crown on questions of domestic and foreign policy, and that it imposes the limits of etiquet on the historical drama.

5. A censorship of a more enlightened and independent kind, exercised by the most eminent available authorities, would prove in practice more disastrous than the censorship of the Lord Chamberlain, because the more eminent its members were the less possible it would be for them to accept the responsibility for heresy or immorality by licensing them, and because the many heretical and immoral plays which now pass the Lord Chamberlain because he does not understand them, would be understood and suppressed by a more highly enlightened censorship.

6. A reconstructed and enlightened censorship would be armed with summary and effective powers which would stop the evasions by which heretical and immoral plays are now performed in spite of the Lord Chamberlain; and such powers would constitute a tyranny which would ruin the theatre spiritually by driving all independent thinkers from the drama into the uncensored forms of art.

7. The work of critically examining all stage plays in their written form, and of witnessing their performance in order to see that the sense is not altered by the stage business, would, even if it were divided among so many officials as to be physically possible, be mentally impossible to persons of taste and enlightenment.

8. Regulation of theatres is an entirely different matter from censorship, inasmuch as a theatre, being not only a stage, but a place licensed for the sale of spirits, and a public resort capable of being put to disorderly use, and needing special provision for the safety of audiences in cases of fire, etc., cannot be abandoned wholly to private control, and may therefore reasonably be made subject to an annual licence like those now required before allowing premises to be used publicly for music and dancing.

9. In order to prevent the powers of the licensing authority being abused so as to constitute a virtual censorship, any Act transferring the theatres to the control of a licensing authority should be made also a charter of the rights of dramatic authors and managers by the following provisions:

A. The public prosecutor (the Attorney-General) alone should have the right to set the law in operation against the manager of a theatre or the author of a play in respect of the character of the play or entertainment.

B. No disclosure of the particulars of a theatrical entertainment shall be required before performance.

C. Licences shall not be withheld on the ground that the existence of theatres is dangerous to religion and morals, or on the ground that any entertainment given or contemplated is heretical or immoral.

D. The licensing area shall be no less than that of a County Council or City Corporation, which shall not delegate its licensing powers to any minor local authority or to any official or committee; it shall decide all questions affecting the existence of a theatrical licence by vote of the entire body; managers, lessees, and proprietors of theatres shall have the right to plead, in person or by counsel, against a proposal to withhold a licence; and the licence shall not be withheld except for stated reasons, the validity of which shall be subject to the judgment of the high courts.

E. The annual licence, once granted, shall not be cancelled or suspended unless the manager has been convicted by public prosecution of an offence against the ordinary laws against disorderly housekeeping, indecency, blasphemy, etc., except in cases where some structural or sanitary defect in the building necessitates immediate action for the protection of the public against physical injury.

F. No licence shall be refused on the ground that the proximity of the theatre to a church, mission hall, school, or other place of worship, edification, instruction, or entertainment (including another theatre) would draw the public away from such places into its own doors.

PREFACE RESUMED

MR. GEORGE ALEXANDER'S PROTEST

On the facts mentioned in the foregoing statement, and in my evidence before the Joint Select Committee, no controversy arose except on one point. Mr. George Alexander protested vigorously and indignantly against my admission that theatres, like public-houses, need special control on the ground that they can profit by disorder, and are sometimes conducted with that end in view. Now, Mr. Alexander is a famous actor-manager; and it is very difficult to persuade the public that the more famous an actor-manager is the less he is likely to know about any theatre except his own. When the Committee of 1892 reported, I was considered guilty of a perverse paradox when I said that the witness who knew least about the theatre was Henry Irving. Yet a moment's consideration would have shown that the paradox was a platitude. For about quarter of a century Irving was confined night after night to his own theatre and his own dressing-room, never seeing a play even there because he was himself part of the play; producing the works of long-departed authors; and, to the extent to which his talent was extraordinary, necessarily making his theatre unlike any other theatre. When he went to the provinces or to America, the theatres to which he went were swept and garnished for him, and their staffs replaced--as far as he came in contact with them--by his own lieutenants. In the end, there was hardly a first-nighter in his gallery who did not know more about the London theatres and the progress of dramatic art than he; and as to the provinces, if any chief constable had told him the real history and character of many provincial theatres, he would have denounced that chief constable as an ignorant libeller of a noble profession. But the constable would have been right for all that. Now if this was true of Sir Henry Irving, who did not become a London manager until he had roughed it for years in the provinces, how much more true must it be of, say, Mr. George Alexander, whose successful march through his profession has passed as far from the purlieus of our theatrical world as the king's naval career from the Isle of Dogs? The moment we come to that necessary part of the censorship question which deals with the control of theatres from the point of view of those who know how much money can be made out of them by managers who seek to make the auditorium attractive rather than the stage, you find the managers divided into two sections. The first section consists of honorable and successful managers like Mr. Alexander, who know nothing of such abuses, and deny, with perfect sincerity and indignant vehemence, that they exist except, perhaps, in certain notorious variety theatres. The other is the silent section which knows better, but is very well content to be publicly defended and privately amused by Mr. Alexander's innocence. To accept a West End manager as an expert in theatres because he is an actor is much as if we were to accept the organist of St. Paul's Cathedral as an expert on music halls because he is a musician. The real experts are all in the conspiracy to keep the police out of the theatre. And they are so successful that even the police do not know as much as they should.

The police should have been examined by the Committee, and the whole question of the extent to which theatres are disorderly houses in disguise sifted to the bottom. For it is on this point that we discover behind the phantoms of the corrupt dramatists who are restrained by the censorship from debauching the stage, the reality of the corrupt managers and theatre proprietors who actually do debauch it without let or hindrance from the censorship. The whole case for giving control over theatres to local authorities rests on this reality.

ELIZA AND HER BATH

The persistent notion that a theatre is an Alsatia where the king's writ does not run, and where any wickedness is possible in the absence of a special tribunal and a special police, was brought out by an innocent remark made by Sir William Gilbert, who, when giving evidence before the Committee, was asked by Colonel Lockwood whether a law sufficient to restrain impropriety in books would also restrain impropriety in plays. Sir William replied: "I should say there is a very wide distinction between what is read and what is seen. In a novel one may read that 'Eliza stripped off her dressing-gown and stepped into her bath' without any harm; but I think if that were presented on the stage it would be shocking." All the stupid and inconsiderate people seized eagerly on this illustration as if it were a successful attempt to prove that without a censorship we should be unable to prevent actresses from appearing naked on the stage. As a matter of fact, if an actress could be persuaded to do such a thing (and it would be about as easy to persuade a bishop's wife to appear in church in the same condition) the police would simply arrest her on a charge of indecent exposure. The extent to which this obvious safeguard was overlooked may be taken as a measure of the thoughtlessness and frivolity of the excuses made for the censorship. It should be added that the artistic representation of a bath, with every suggestion of nakedness that the law as to decency allows, is one of the most familiar subjects of scenic art. From the Rhine maidens in Wagner's Trilogy, and the bathers in the second act of Les Huguenots, to the ballets of water nymphs in our Christmas pantomimes and at our variety theatres, the sound hygienic propaganda of the bath, and the charm of the undraped human figure, are exploited without offence on the stage to an extent never dreamt of by any novelist.

A KING'S PROCTOR

Another hare was started by Professor Gilbert Murray and Mr. Laurence Housman, who, in pure kindness to the managers, asked whether it would not be possible to establish for their assistance a sort of King's Proctor to whom plays might be referred for an official legal opinion as to their compliance with the law before production. There are several objections to this proposal; and they may as well be stated in case the proposal should be revived. In the first place, no lawyer with the most elementary knowledge of the law of libel in its various applications to sedition, obscenity, and blasphemy, could answer for the consequences of producing any play whatsoever as to which the smallest question could arise in the mind of any sane person. I have been a critic and an author in active service for thirty years; and though nothing I have written has ever been prosecuted in England or made the subject of legal proceedings, yet I have never published in my life an article, a play, or a book, as to which, if I had taken legal advice, an expert could have assured me that I was proof against prosecution or against an action for damages by the persons criticized. No doubt a sensible solicitor might have advised me that the risk was no greater than all men have to take in dangerous trades; but such an opinion, though it may encourage a client, does not protect him. For example, if a publisher asks his solicitor whether he may venture on an edition of Sterne's Sentimental Journey, or a manager whether he may produce King Lear without risk of prosecution, the solicitor will advise him to go ahead. But if the solicitor or counsel consulted by him were asked for a guarantee that neither of these works was a libel, he would have to reply that he could give no such guarantee; that, on the contrary, it was his duty to warn his client that both of them are obscene libels; that King Lear, containing as it does perhaps the most appalling blasphemy that despair ever uttered, is a blasphemous libel, and that it is doubtful whether it could not be construed as a seditious libel as well. As to Ibsen's Brand (the play which made him popular with the most earnestly religious people) no sane solicitor would advise his client even to chance it except in a broadly cultivated and tolerant (or indifferent) modern city. The lighter plays would be no better off. What lawyer could accept any responsibility for the production of Sardou's Divorcons or Clyde Fitch's The Woman in the Case? Put the proposed King's Proctor in operation to-morrow; and what will be the result? The managers will find that instead of insuring them as the Lord Chamberlain does, he will warn them that every play they submit to him is vulnerable to the law, and that they must produce it not only on the ordinary risk of acting on their own responsibility, but at the very grave additional risk of doing so in the teeth of an official warning. Under such circumstances, what manager would resort a second time to the Proctor; and how would the Proctor live without fees, unless indeed the Government gave him a salary for doing nothing? The institution would not last a year, except as a job for somebody.

COUNSEL'S OPINION

The proposal is still less plausible when it is considered that at present, without any new legislation at all, any manager who is doubtful about a play can obtain the advice of his solicitor, or Counsel's opinion, if he thinks it will be of any service to him. The verdict of the proposed King's Proctor would be nothing but Counsel's opinion without the liberty of choice of counsel, possibly cheapened, but sure to be adverse; for an official cannot give practical advice as a friend and a man of the world: he must stick to the letter of the law and take no chances. And as far as the law is concerned, journalism, literature, and the drama exist only by custom or sufferance.

WANTED: A NEW MAGNA CHARTA