District Attorney Considers Steps to Prohibit Passover Passion Play Production in New York

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As a result of the protest voiced by Louis Marshall against the contemplated presentation at the Hippodrome of the Freiburg Passion Play by Morris Gest in association with David Belasco, District Attorney J. H. Banton has taken under consideration the question whether the presentation of the Passion Play is not contrary to the law of the state of New York, the “Jewish Daily Bulletin” learned from reliable sources.

Action on the part of the District Attorney would be based on Section 2074 of the Penal Law of the State of New York which prohibits the presentation of any play in which the “Deity which is worshiped, reverenced, adored or venerated by any religious denomination or sect or class of people professing a particular and well defined form of religious belief and practice” is personified by a living character.

The District Attorney will make clear his stand on the question in a few days. His decision, it was stated will most likely prevent the presentation of the Freiburg Passion Play to which objections were raised.

Mr. Marshall, as president of the American Jewish Committee, based his objection on two reasons, first, because the presentation of the play may lead to a recrudescence of religious prejudice as was shown by experiences of the past and, secondly, because millions of Christians regard the presentation of such plays as a vulgarization of what they hold as sacred. Mr. Marshall voiced his particular objection to the fact that this presentation is sponsored by Jewish producers.

The violation of this section of the law carries with it a six months prison sentence and a $500 fine.

Section 2074 of the Penal Law of the State of New York reads as follows:

“No person, association of persons, company or corporation shall in any public or private place, hall, theatre or auditorium, present or enact or suffer to be presented or enacted any exhibition, play, drama, tragedy, opera comedy or performance in which there shall be a living character representing the Deity or known by any appellation which may by recognized standards of any particular form of religious worship or belief indicates the Deity or is reasonably referable alone to such Deity which is worshipped, reverenced, adored or venerated by any religious denomination or sect or class of people professing a particular and well defined form of religious belief and practice. Any violation of this section shall be a misdemeanor. Any license granted to the owner, proprietor, or manager of the place where the offense is committed must, upon conviction of this offense, be revoked.” (Continued on Page 4)

The “Chicago Sentinel” in its current issue editorially lauds the stand taken by Louis Marshall on the Passion Play production in New York, declaring:

“Mr. Louis Marshall has again risen to the position of eminent leadership which he has long occupied in American Israel. A report was published recently that two Jewish producers, Messrs. David Belasco and Morris Gest, are making arrangements for bringing to this country the Oberammergau Passion Play. Upon hearing this news Mr. Marshall immediately lodged a protest with these two gentlemen, explaining to them the inadvisability of their proposed step. The Passion Play depicts the crucifixion of Jesus as it is related in the New Testament, and the harm which such a production is likely to do to American Jewry can be easily seen. The fact that two Jews are contemplating to bring this play to America reflects very little credit upon the good name of our people, to say the least. Originally it was rumored that Mr. Otto Kahn had something to do with this project but we are glad to state that this gentleman has disclaimed any connection with this undertaking. Now that Mr. Marshall has pointed out to Messrs. Gest and Belasco the untold harm which the Passion Play is bound to do to their own brethren we hope that these two theatre magnates will see the wisdom of cancelling the proposed engagement of the Oberammergau production.”

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