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 constitutional 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 constitution.
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.
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