Mid-West Photo Play Corp. v. Miller

Citations

• 102 Kan. 356
• 169 P. 1154
• 1918 Kan. LEXIS 42

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Moving-picture Films — Decision of Board of Review — Review by the Courts. Under the act relating to motion-picture films (chapter 308 of the Laws of 1917) the Kansas state board of review is given full power and discretion to determine whether films and reels offered for its examination and decision are moral and proper for exhibition, and its determination is conclusive and not open to review or interference by the courts unless its action is fraudulent, arbitrary, or in excess of its authority.</p> <p>2. Same — Censorship by Board of Review — Redress of Aggrieved Party. The redress for an aggrieved party provided for in section 15 of the act is not a reexamination of the picture by the court nor the exercise of an administrative and non judicial power, but is such redress as a court may give.</p> <p>3. Same — Petition to Court for Review — No Cause of Action Stated. In the absence of allegations or proof that the board acted arbitrarily or dishonestly, it must be presumed that it acted in good faith and that its determination was an honest exercise of its best judgment.</p>