Motion Picture Herald (Sep-Oct 1937)

34 MOTION PICTURE HERALD September 25, 1937 JUDGE SEES NO 'MORAL LESSON' IN VSEX' FILMS Denver Municipal Jurist Praises Industry for Adherence to The Production Code Commendation of the motion picture industry's voluntary adoption and adherence to the Production Code of higher film standards, and an equally vociferous denunciation of sponsors and exhibitors of the socalled "sex" or "clinical" film came this week from the courts in Denver, along with the formal decision that that city would hereafter be closed to such exhibitions. The week also brought another loud censorship discussion, in Pennsylvania, over the banning of a "political propaganda" film. In a statement -following his decision to cut several scenes from the "sex" film, "Smashing the Vice Trust", Philip B. Gilliam, Denver municipal judge, said not only that the showing of such pictures in Denver theatres must cease but warned that any managers who display these pictures will run the risk of having their licenses revoked. He commended the motion picture industry for its stand on "sex" films, and added that "Denver would not be a city to undo all the good work." The decision on "Smashing the Vice Trust" followed a protest from the local vice squad. Cites Industry's Efforts "Now and then, in Denver, a motion picture is shown of the type commonly known as a sex picture," said the judge in preface to his decision. "Such pictures are usually played at the third-run theatres, and are advertised as being 'for adults only.' Whenever these films are shown there is usually a flood of protests to the authorities to have them stopped. "When parties involved are brought into the Municipal Court, for a violation of the ordinance prohibiting the showing of obscene pictures, they claim that there is a moral lesson involved and that the pictures are therefore educational," he continued. "For years the motion picture industry has endeavored to show to the public the type of entertainment that appeals to the people. Several years ago the Legion of Decency started a campaign against these sex pictures. The industrv recognized and appreciated the good work being done by the Legion, and were convinced that the public did not want such pictures. As a result, practically all of the producers joined the movement and will not put out a picture that has not been reviewed in the office of Joseph Breen and received a code number— designating that it is suitable entertainment for the public. "No discrimination is shown in this (industry) reviewing office, as they realize that there are many different types of appeals. Their purpose is not to discriminate, but rather to clean up motion pictures. "In other words, the motion picture producers have taken it upon themselves to im prove their industry, with a view to supplying the public with pictures of a high moral plane. Why, then, should Denver allow the tearing down of this commendable effort by permitting the showing of such sex pictures — films that the industry as a whole is against ? "In my opinion these socalled sex pictures are not educational. They are displayed always with an inference of evil. I, personally, do not think a theatre is the proper place for sex education. "The people of Denver, as a whole, object to such films, and I think their objections are well founded. As long as I am on the municipal bench I am going to have these pictures stopped, and if they are again displayed, the theatre managers will place themselves in serious danger of losing their licenses." For the second time this year, a motion picture based on the Spanish civil war has been barred from exhibition in Pennsylvania. And Governor George H. Earle, who prohibited the showing of the first film, "Spain in Flames," last February, has again been attacked for allegedly ordering the exclusion of the second film, "The Spanish Earth." The picture was scheduled to open last Thursday at the Europa theatre, Philadelphia, but at the last moment, said manager Earl Harrison, he was advised that the State Board of Censors had ruled against the picture. That the censor board had been deliberating on the film more than a week was a most unusual procedure in pasiuig on pictures, Mr. Harrison declared. Charges Propaganda Patrick A. Duffv, vice-chairman of the board, charged the film was "loyalist propaganda," the same reason given last February when the board barred "Spain in Flames." Mr. Duffy denied a charge by the North American Committee to Aid Spanish Democracy that the board had withheld its review until the arrival of Governor Earle from abroad. Mr. Duffy explained that he had been ill, and the board desired its full membership to pass judgment on the controversial film. The North American Committee, which collects funds for the Spanish loyalist cause and tangled with Governor Earle in the matter of "Spain in Flames," said the Governor was personally responsible in banning the second Spanish film. The committee pointed out that the film was not passed upon until Governor Earle had returned from Europe, although a decision one way or the other would normally have been issued a week aeo. "Spain in Flames" was banned last February because, according to Governor Earle, it was "recruiting propaganda for the Spanish loyalists." Under state law, a film can be disapproved only because it is "lewd, indecent or obscene." Columbia President East Harry Cohn, president and production chief of Columbia Pictures, arrived in New York this week to see a performance of the stage play, "You Can't Take It With You," which his company will turn into film. Mr. Cohn returns west on Saturday. Milliken Asks Church Support The motion picture industry "confines itself to the business of furnishing wholesome entertainment," Carl E. Milliken, secretary of the Motion Picture Producers and Distributors of America, declared Tuesday in an address to the Maine Universalist convention in Bangor, Maine. "In recent years," he added, "the motion picture has become the favorite recreation of the masses and the sole amusement of millions. This art industry, which attracts 200,000,000 weekly to 60,000 theatres throughout the world, confines itself to the business of furnishing wholesome entertainment. It does not seek to replace the teacner or the preacher. It cannot substitute for parental training of children. "Yet, by 15 years of effort under the leadership of Will Hays, the industry has developed its own self-government to make certain that accepted standards of morality are not flouted and the canons of good taste are not offended. A reviewing group of church women, after 15 years' experience, has approved 97 per cent of American pictures of the present year. It is also interesting to note that, at Mr. Hays' suggestion, motion picture producers are permitting the use of excerpts from non-current pictures for experimental use in character education," Mr. Milliken said. "Church leaders can make motion pictures increasingly helpful and character building," he declared: "First, by supporting the industry's policy of self-government; "Second, by training their young people to choose the best pictures; "Third, by using for teaching purposes in character building vitamins frequent in current pictures offered in the theatres ; "Fourth, by adopting this new art form to the use of the church program." British Costs Too High, Says Futter Describing production costs in England as excessively high, Walter Futter, Hollywood producer, who has been engaged in British production for the past year, said this week that American companies planning to send their own staffs to England may find expenses there prohibitive. Mr. Futter arrived in New York last week to arrange for distribution of his new picture, "Jericho," starring Paul Robeson (picture in pictorial section). Following that, he will go to Hollywood to sign an unnamed star whom he plans to feature in his next English production. Calling fallacious the belief that English production is economical, Mr. Futter said that British income taxes, exorbitant interest charges and the doubled salary demands of Amer ican players to make a picture abroad combine to skyrocket costs. Moreover, British studio rentals are three times those asked in Hollywood, he said, because of the high investment in them by English capitalists.