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 const.i.tute 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 plat.i.tude. 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 n.o.ble 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 pa.s.sed 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 ill.u.s.tration 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 a.s.sistance 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 a.s.sured 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 circ.u.mstances, 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 inst.i.tution 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

This leads us to a very vital question. Is it not possible to amend the law so as to make it possible for a lawyer to advise his client that he may publish the works of Blake, Zola, and Swinburne, or produce the plays of Ibsen and Mr. Granville Barker, or print an ordinary criticism in his newspaper, without the possibility of finding himself in prison, or mulcted in damages and costs in consequence? No doubt it is; but only by a declaration of const.i.tutional right to blaspheme, rebel, and deal with tabooed subjects. Such a declaration is not just now within the scope of practical politics, although we are compelled to act to a great extent as if it was actually part of the const.i.tution. All that can be done is to take my advice and limit the necessary public control of the theatres in such a manner as to prevent its being abused as a censorship. We have ready to our hand the machinery of licensing as applied to public-houses. A licensed victualler can now be a.s.sured confidently by his lawyer that a magistrate cannot refuse to renew his licence on the ground that he (the magistrate) is a teetotaller and has seen too much of the evil of drink to sanction its sale. The magistrate must give a judicial reason for his refusal, meaning really a const.i.tutional reason; and his teetotalism is not such a reason. In the same way you can protect a theatrical manager by ruling out certain reasons as unconst.i.tutional, as suggested in my statement. Combine this with the abolition of the common informer's power to initiate proceedings, and you will have gone as far as seems possible at present.

You will have local control of the theatres for police purposes and sanitary purposes without censorship; and I do not see what more is possible until we get a formal Magna Charta declaring all the Categories of libel and the blasphemy laws contrary to public liberty, and repealing and defining accordingly.

PROPOSED: A NEW STAR CHAMBER

Yet we cannot mention Magna Charta without recalling how useless such doc.u.ments are to a nation which has no more political comprehension nor political virtue than King John. When Henry VII. calmly proceeded to tear up Magna Charta by establishing the Star Chamber (a criminal court consisting of a committee of the Privy Council without a jury) n.o.body objected until, about a century and a half later, the Star Chamber began cutting off the ears of eminent XVII. century Nonconformists and standing them in the pillory; and then the Nonconformists, and n.o.body else, abolished the Star Chamber. And if anyone doubts that we are quite ready to establish the Star Chamber again, let him read the Report of the Joint Select Committee, on which I now venture to offer a few criticisms.

The report of the Committee, which will be found in the bluebook, should be read with attention and respect as far as page x., up to which point it is an able and well-written statement of the case. From page x.

onward, when it goes on from diagnosing the disease to prescribing the treatment, it should be read with even greater attention but with no respect whatever, as the main object of the treatment is to conciliate the How Not To Do It majority. It contains, however, one very notable proposal, the same being nothing more or less than to revive the Star Chamber for the purpose of dealing with heretical or seditious plays and their authors, and indeed with all charges against theatrical entertainments except common police cases of indecency. The reason given is that for which the Star Chamber was created by Henry VII: that is, the inadequacy of the ordinary law. "We consider," says the report, "that the law which prevents or punishes indecency, blasphemy and libel in printed publications [it does not, by the way, except in the crudest police cases] would not be adequate for the control of the drama."

Therefore a committee of the Privy Council is to be empowered to suppress plays and punish managers and authors at its pleasure, on the motion of the Attorney-General, without a jury. The members of the Committee will, of course, be men of high standing and character: otherwise they would not be on the Privy Council. That is to say, they will have all the qualifications of Archbishop Laud.

Now I have no guarantee that any member of the majority of the Joint Select Committee ever heard of the Star Chamber or of Archbishop Laud.

One of them did not know that politics meant anything more than party electioneering. Nothing is more alarming than the ignorance of our public men of the commonplaces of our history, and their consequent readiness to repeat experiments which have in the past produced national catastrophes. At all events, whether they knew what they were doing or not, there can be no question as to what they did. They proposed virtually that the Act of the Long Parliament in 1641 shall be repealed, and the Star Chamber re-established, in order that playwrights and managers may be punished for unspecified offences unknown to the law.

When I say unspecified, I should say specified as follows (see page xi.

of the report) in the case of a play.

(a) To be indecent.

(b) To contain offensive personalities.

(c) To represent on the stage in an invidious manner a living person, or any person recently dead.

(d) To do violence to the sentiment of religious reverence.

(e) To be calculated to conduce to vice or crime.

(f) To be calculated to impair friendly relations with any foreign power.

(g) To be calculated to cause a breach of the peace.

Now it is clear that there is no play yet written, or possible to be written, in this world, that might not be condemned under one or other of these heads. How any sane man, not being a professed enemy of public liberty, could put his hand to so monstrous a catalogue pa.s.ses my understanding. Had a comparatively definite and innocent clause been added forbidding the affirmation or denial of the doctrine of Transubstantiation, the country would have been up in arms at once. Lord Ribblesdale made an effort to reduce the seven categories to the old formula "not to be fitting for the preservation of good manners, decorum, or the public peace"; but this proposal was not carried; whilst on Lord Gorell's motion a final widening of the net was achieved by adding the phrase "to be calculated to"; so that even if a play does not produce any of the results feared, the author can still be punished on the ground that his play is "calculated" to produce them. I have no hesitation in saying that a committee capable of such an outrageous display of thoughtlessness and historical ignorance as this paragraph of its report implies deserves to be haled before the tribunal it has itself proposed, and dealt with under a general clause levelled at conduct "calculated to" overthrow the liberties of England.

POSSIBILITIES OF THE PROPOSAL

Still, though I am certainly not willing to give Lord Gorell the chance of seeing me in the pillory with my ears cut off if I can help it, I daresay many authors would rather take their chance with a Star Chamber than with a jury, just as some soldiers would rather take their chance with a court-martial than at Quarter Sessions. For that matter, some of them would rather take their chance with the Lord Chamberlain than with either. And though this is no reason for depriving the whole body of authors of the benefit of Magna Charta, still, if the right of the proprietor of a play to refuse the good offices of the Privy Council and to perform the play until his accusers had indicted him at law, and obtained the verdict of a jury against him, were sufficiently guarded, the proposed committee might be set up and used for certain purposes.

For instance, it might be made a condition of the intervention of the Attorney-General or the Director of Public Prosecutions that he should refer an accused play to the committee, and obtain their sanction before taking action, offering the proprietor of the play, if the Committee thought fit, an opportunity of voluntarily accepting trial by the Committee as an alternative to prosecution in the ordinary course of law. But the Committee should have no powers of punishment beyond the power (formidable enough) of suspending performances of the play. If it thought that additional punishment was called for, it could order a prosecution without allowing the proprietor or author of the play the alternative of a trial by itself. The author of the play should be made a party to all proceedings of the Committee, and have the right to defend himself in person or by counsel. This would provide a check on the Attorney-General (who might be as bigoted as any of the munic.i.p.al aldermen who are so much dreaded by the actor-managers) without enabling the Committee to abuse its powers for party, cla.s.s, or sectarian ends beyond that irreducible minimum of abuse which a popular jury would endorse, for which minimum there is no remedy.

But when everything is said for the Star Chamber that can be said, and every precaution taken to secure to those whom it pursues the alternative of trial by jury, the expedient still remains a very questionable one, to be endured for the sake of its protective rather than its repressive powers. It should abolish the present quaint toleration of rioting in theatres. For example, if it is to be an offence to perform a play which the proposed new Committee shall condemn, it should also be made an offence to disturb a performance which the Committee has not condemned. "Brawling" at a theatre should be dealt with as severely as brawling in church if the censorship is to be taken out of the hands of the public. At present Jenny Geddes may throw her stool at the head of a playwright who preaches unpalatable doctrine to her, or rather, since her stool is a fixture, she may hiss and hoot and make it impossible to proceed with the performance, even although n.o.body has compelled her to come to the theatre or suspended her liberty to stay away, and although she has no claim on an unendowed theatre for her spiritual necessities, as she has on her parish church. If mob censorship cannot be trusted to keep naughty playwrights in order, still less can it be trusted to keep the pioneers of thought in countenance; and I submit that anyone hissing a play permitted by the new censorship should be guilty of contempt of court.

STAR CHAMBER SENTIMENTALITY

But what is most to be dreaded in a Star Chamber is not its sternness but its sentimentality. There is no worse censorship than one which considers only the feelings of the spectators, except perhaps one which considers the feelings of people who do not even witness the performance. Take the case of the Pa.s.sion Play at Oberammergau. The offence given by a representation of the Crucifixion on the stage is not bounded by frontiers: further, it is an offence of which the voluntary spectators are guilty no less than the actors. If it is to be tolerated at all: if we are not to make war on the German Empire for permitting it, nor punish the English people who go to Bavaria to see it and thereby endow it with English money, we may as well tolerate it in London, where n.o.body need go to see it except those who are not offended by it. When Wagner's Parsifal becomes available for representation in London, many people will be sincerely horrified when the miracle of the Ma.s.s is simulated on the stage of Covent Garden, and the Holy Ghost descends in the form of a dove. But if the Committee of the Privy Council, or the Lord Chamberlain, or anyone else, were to attempt to keep Parsifal from us to spare the feelings of these people, it would not be long before even the most thoughtless champions of the censorship would see that the principle of doing nothing that could shock anybody had reduced itself to absurdity. No quarter whatever should be given to the bigotry of people so unfit for social life as to insist not only that their own prejudices and superst.i.tions should have the fullest toleration but that everybody else should be compelled to think and act as they do. Every service in St. Paul's Cathedral is an outrage to the opinions of the congregation of the Roman Catholic Cathedral of Westminster. Every Liberal meeting is a defiance and a challenge to the most cherished opinions of the Unionists. A law to compel the Roman Catholics to attend service at St. Paul's, or the Liberals to attend the meetings of the Primrose League would be resented as an insufferable tyranny. But a law to shut up both St. Paul's and the Westminster Cathedral; and to put down political meetings and a.s.sociations because of the offence given by them to many worthy and excellent people, would be a far worse tyranny, because it would kill the religious and political life of the country outright, whereas to compel people to attend the services and meetings of their opponents would greatly enlarge their minds, and would actually be a good thing if it were enforced all round. I should not object to a law to compel everybody to read two newspapers, each violently opposed to the other in politics; but to forbid us to read newspapers at all would be to maim us mentally and cashier our country in the ranks of civilization. I deny that anybody has the right to demand more from me, over and above lawful conduct in a general sense, than liberty to stay away from the theatre in which my plays are represented. If he is unfortunate enough to have a religion so petty that it can be insulted (any man is as welcome to insult my religion, if he can, as he is to insult the universe) I claim the right to insult it to my heart's content, if I choose, provided I do not compel him to come and hear me. If I think this country ought to make war on any other country, then, so long as war remains lawful, I claim full liberty to write and perform a play inciting the country to that war without interference from the amba.s.sadors of the menaced country. I may "give pain to many worthy people, and pleasure to none,"

as the Censor's pet phrase puts it: I may even make Europe a c.o.c.kpit and Asia a shambles: no matter: if preachers and politicians, statesmen and soldiers, may do these things--if it is right that such things should be done, then I claim my share in the right to do them. If the proposed Committee is meant to prevent me from doing these things whilst men of other professions are permitted to do them, then I protest with all my might against the formation of such a Committee. If it is to protect me, on the contrary, against the attacks that bigots and corrupt p.o.r.nographers may make on me by appealing to the ignorance and prejudices of common jurors, then I welcome it; but is that really the object of its proposers? And if it is, what guarantee have I that the new tribunal will not presently resolve into a mere committee to avoid unpleasantness and keep the stage "in good taste"? It is no more possible for me to do my work honestly as a playwright without giving pain than it is for a dentist. The nation's morals are like its teeth: the more decayed they are the more it hurts to touch them. Prevent dentists and dramatists from giving pain, and not only will our morals become as carious as our teeth, but toothache and the plagues that follow neglected morality will presently cause more agony than all the dentists and dramatists at their worst have caused since the world began.

ANYTHING FOR A QUIET LIFE

Another doubt: would a Committee of the Privy Council really face the risks that must be taken by all communities as the price of our freedom to evolve? Would it not rather take the popular English view that freedom and virtue generally are sweet and desirable only when they cost nothing? Nothing worth having is to be had without risk. A mother risks her child's life every time she lets it ramble through the countryside, or cross the street, or clamber over the rocks on the sh.o.r.e by itself. A father risks his son's morals when he gives him a latchkey. The members of the Joint Select Committee risked my producing a revolver and shooting them when they admitted me to the room without having me handcuffed. And these risks are no unreal ones. Every day some child is maimed or drowned and some young man infected with disease; and political a.s.sa.s.sinations have been appallingly frequent of late years.

Railway travelling has its risks; motoring has its risks; aeroplaning has its risks; every advance we make costs us a risk of some sort. And though these are only risks to the individual, to the community they are certainties. It is not certain that I will be killed this year in a railway accident; but it is certain that somebody will. The invention of printing and the freedom of the press have brought upon us, not merely risks of their abuse, but the establishment as part of our social routine of some of the worst evils a community can suffer from. People who realize these evils shriek for the suppression of motor cars, the virtual imprisonment and enslavement of the young, the pa.s.sing of Press Laws (especially in Egypt, India, and Ireland), exactly as they shriek for a censorship of the stage. The freedom of the stage will be abused just as certainly as the complaisance and innocence of the censorship is abused at present. It will also be used by writers like myself for raising very difficult and disturbing questions, social, political, and religious, at moments which may be extremely inconvenient to the government. Is it certain that a Committee of the Privy Council would stand up to all this as the price of liberty? I doubt it. If I am to be at the mercy of a nice amiable Committee of elderly gentlemen (I know all about elderly gentlemen, being one myself) whose motto is the highly popular one, "Anything for a quiet life" and who will make the inevitable abuses of freedom by our blackguards an excuse for interfering with any disquieting use of it by myself, then I shall be worse off than I am with the Lord Chamberlain, whose mind is not broad enough to obstruct the whole range of thought. If it were, he would be given a more difficult post.