The Film Daily (1938)

Friday, November 11, 1938 DAILY UA, COLUMBIA WILL ASK SUIT DISMISSAL (Continued from Page 1) bill of particulars will be furnished to defendants. Pepper, at the request of William J. r^jovan, spokesman for the group of h producer-exhibitor organizations, comprising' Paramount, M-GM-Loew, RKO. Warners, and 20thFox, also explained to Judge Bondy that the position of Universal in the action is similar to that of Columbia and UA since it is not engaged in exhibition, and is therefore not subject to a host of charges which the Justice Dept. has brought. Opening Gun in Equity Suit The hearing, moved from Room 506 to Bondy's chambers, was nominally the opening gun in the equity suit, and as such found an immovable object, — the adamant Government.— strenuously defending itself against having to render a bill of particulars, and an irresistible force, — a "million dollar" array of legal talent representing the industry, — presenting equallv stout pleas that the bill of particulars be forthcoming from the Government. Paul Williams, special assistant to the Attorney General, together with Moses Lewis, Shelby Fitje and William L. McGovern, represented the Justice Dept. Williams said the Gov't was insistent on speed and argued that the anti-trust suit current is a civil action in which bills of particulars are less common than in criminal actions; that the _ Justice Dept. has made, in his opinion, sufficiently direct charges to permit the defendants by and large to prepare defenses; that most of the material which the Department has in hand is from the files of the defendants themselves and, therefore, the latter should know what to expect. New Rules of Procedure Bondy, in turn, reminded Williams that the spirit of the new rules of civil procedure is that if the plaintiff has the facts, these should be given to the defendants, and, further, that under the new rules the industry will be able to ascertain in any event who the Government's witnesses are to be. Williams asserted as a point that if the bill is given, it will hamper the Government in uncovering anything pursuant to the rendering of the bill. Additionally, he said, the case is limited to a single conspiracy; that the proper thing for the defendants to do would be to ask for the bill directly rather than through Seeks Capital Idea Paul Williams, special assistant to the U. S. Attorney General, who fought the granting of a bill of particulars to the industry in Federal Court yesterday, declared at the hearing's wind-up that he is going to Washington to "take the matter up with my superiors," indicating that he will thus get a decision as to whether the Justice Dept. will stick to its inflexible attitude or modify its stand. Fairbanks Planning Three Films for United Artists (Continued from Page 1) prise. Marks arrived on the Normandie and left immediately for the Coast where he will confer with Fairbanks. Two of the proposed pictures will be made at the Denham or Pinewood studios in England while the third will be produced in this country. Finances are being obtained from English and Continental Europe interests, although Marks indicated some money may be obtained from American sources. Product will have triple quota rating, Marks said, and will be released by United Artists. First picture, as yet undetermined, will be ready for release in May for the 1938-39 program, while the remaining two will be released on the 193940 schedule. Fairbanks will not appear in the features, but will act only in a producing capacity. Marks and Fairbanks are scheduled to return to England Nov. 20. counsel; that questionnaires had been sent to defendant companies, which give them an idea of the charges, and that UA had refused to answer the questionnaire. Criticises Government Stand Donovan sharply criticised the Government stand, citing that (a) the charges are so general that an opportunity for adequate defense is limited; (b) the industry has some 10,000 booking transactions annually, and this has taken place over some 10 years, and therefore the Government might cite any one of the 100,000 transactions, giving no quarter for a defense; (c) that granting of relief in preparation for ! a trial is a legal cornerstone and | should be accorded the industry in the present action both as a matter of principle and in consideration of the case's magnitude. He also riddled the original complaint as being vague, lacking in specifics, and offering frequent and puzzling ambiguities. Bondy said that the Justice Dept. has filed briefs covering its arguments as to why the bill should not be given, and told the industry's counsels that they can have one week in which to file answering briefs. In the interim, he is taking the motion under advisement and study. Bill of Particulars Expected Observers declared, following termination of the hearing, that the bill of particulars will probably be ordered. Among those representing industry interests in Federal Court yesterday, in addition to William Donovan, Louis D. Frohlich, and Benjamin Pepper, were Thomas D. Thacher, for Paramount; Ralph Harris, for 20th-Fox; Jerome C. Strumpf, representing K-A-O; Robert W. Perkins, for Warners; John W. Davis, for M-G-M; Saul E. Rogers, for Cortland Smith; and Otto C. Doering, Jr., assistant to William Donovan. 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