The only one of these influences which seems to be generally misunderstood is that of the managers. It has been assumed repeatedly that managers and authors are affected in the same way by the censorship. When a prominent author protests against the censorship, his opinion is supposed to be balanced by that of some prominent manager who declares that the censorship is the mainstay of the theatre, and his relations with the Lord Chamberlain and the Examiner of Plays a cherished privilege and an inexhaustible joy. This error was not removed by the evidence given before the Joint Select Committee. The managers did not make their case clear there, partly because they did not understand it, and partly because their most eminent witnesses were not personally affected by it, and would not condescend to plead it, feeling themselves, on the contrary, compelled by their self-respect to admit and even emphasize the fact that the Lord Chamberlain in the exercise of his duties as licenser had done those things which he ought not to have done, and left undone those things which he ought to have done. Mr Forbes Robertson and Sir Herbert Tree, for instance, had never felt the real disadvantage of which managers have to complain. This disadvantage was not put directly to the Committee; and though the managers are against me on the question of the censorship, I will now put their case for them as they should have put it themselves, and as it can be read between the lines of their evidence when once the reader has the clue.
The manager of a theatre is a man of business. He is not an expert in politics, religion, art, literature, philosophy, or law. He calls in a playwright just as he calls in a doctor, or consults a lawyer, or engages an architect, depending on the playwright’s reputation and past achievements for a satisfactory result. A play by an unknown man may attract him sufficiently to induce him to give that unknown man a trial; but this does not occur often enough to be taken into account: his normal course is to resort to a well-known author and take (mostly with misgiving) what he gets from him. Now this does not cause any anxiety to Mr Forbes Robertson and Sir Herbert Tree, because they are only incidentally managers and men of business: primarily they are highly cultivated artists, quite capable of judging for themselves anything that the most abstruse playwright is likely to put before them, But the plain sailing tradesman who must be taken as the typical manager (for the West end of London is not the whole theatrical world) is by no means equally qualified to judge whether a play is safe from prosecution or not. He may not understand it, may not like it, may not know what the author is driving at, may have no knowledge of the ethical, political, and sectarian controversies which may form the intellectual fabric of the play, and may honestly see nothing but an ordinary “character part” in a stage figure which may be a libellous and unmistakeable caricature of some eminent living person of whom he has never heard. Yet if he produces the play he is legally responsible just as if he had written it himself. Without protection he may find himself in the dock answering a charge of blasphemous libel, seditious libel, obscene libel, or all three together, not to mention the possibility of a private action for defamatory libel. His sole refuge is the opinion of the Examiner of Plays, his sole protection the licence of the Lord Chamberlain. A refusal to license does not hurt him, because he can produce another play: it is the author who suffers. The granting of the licence practically places him above the law; for though it may be legally possible to prosecute a licensed play, nobody ever dreams of doing it. The really responsible person, the Lord Chamberlain, could not be put into the dock; and the manager could not decently be convicted when he could procure in his defence a certificate from the chief officer of the King’s household that the play was a proper one.
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