Harrison's Reports (1930)

HARRISON’S REPORTS April 12, 1930 XL — TITLES. Salacious, indecent, or obscene titles shall not be used. y.ll.—KEFELLANT SUBJECTS. The following subjects must be treated within the careful limits of good tastes : 1. Actual hangings or electrocutions as legal punishments for crime. 2. Third Degree methods. 3. Brutality and possibly gruesomeness. 4. Branding of people or animals. 5. Apparent cruelty to children or animals. 6. The sale of women, or a woman selling her virtue. 7. Surgical operations. Some of the provisions may be ambiguous, but if a producer should sue you for refusing to accept a picture ot his that violates, in your opinion, any part of this Code, it will not be the producer that will determine whether you are right or not. Not even the arbitration board, in case there is an arbitration provision in your contract, will have the right to determine all cases of violation of this Code. Suppose, for example, a picture violates provision X-2 ; since there are no laws in the United States making the “unfair representation” of the history of another national unlawful, the arbitration board can determine w’hether your claim is justified or not But if the picture violates, say, 2-a, under the heading, “CRIMES AGAINST THE LAW,” then the matter differs ; because your claim is that the showing of the details of safe-cracking, or of theft, or of robbery, is a violation of the criminal laws, the arbitration board cannot handle it, for arbitration boards are not empowered to determine matters of criminal nature. Should it attempt to try the case, they might make themselves criminally liable for attempting to force you to teach crime. The producer, when you notify him that a certain picture of his violates one provision of the Code, will naturally deny it and will inform you that you must accept the picture. If you should refuse to change your stand, he may, in case there is an arbitration provision in the contract, submit the matter to the board. The board may, despite your assertion that the picture violates the criminal laws, render an award. In such an event, your lawyer will advise you what to do. In case there is no arbitration agreement in the contract, the producer may 1 1 ) refuse to serve you with any more pictures from that contract until you have paid for the picture under dispute; (2) attach a C.O.D. on the next shipment, even though you may have paid for the picture shipped. In either case the producer breaches the contract and makes it possible for you to sue for damages (a C.O.D. cannot be put on goods already paid for). You may also demand the cancellation of the entire contract. In case the distributor sued you in the courts for breach of contract, it will be up to the jury to determine whether there has been a breach of contract or not. And it is doubtful if a jury would be found in this country that will give the producer a favorable verdict when you assert that the picture is either immoral, or teaches crime. The best he can get is a hung jury. Even though the producers did not intend to do away with block-booking, their new Code of Ethics brings about the nearest thing to it, provided you are willing to fight for your rights and to refuse to capitulate at the first producer resistance you encounter. The ambiguity of the Code in most places makes one believe that they put it out as a harmless document, as harmless as the Code of Ethics they adopted at the Trade Practice Conference, to which they paid very little attention afterward, intended to pacify those that are just now warring against the Hays organization. But the provisions will be, as said, interpreted, not by the producers themselves, but by the juries. And this is a thing that the producers seem to have failed to take into consideration. Watch each review closely to learn if a picture violates any of the provisions of their Code with the view of rejecting it. The producers own most of the theatres in the choice locations, particularly in the big cities. Consequently they produce their pictures with a view to suiting these theatres. And what is good for the picture-goers in the big cities is not always good for the picture-goers of the small cities and of the towns. So if your theatre is in a small town, this Code places in your hands the means by which you can reject pictures that are unsuitable for your customers. Watch Harrison’s Reports for the necessary information. THE EFFECT OF THE CODE ON THE MINDS OF THE AMERICAN PUBLIC They thought that, by adopting the Code and by informing the public of iL the producers were delivering a master stroke, the kind that would silence for ever those who were fighting motion pictures. But they have infiamed them more. Some of the papers have attacked the producers and Mr. Hays; some, have ridiculed them. But not one of the worth-while papers has taken them seriously. They are well aware oi the fact that the Code was adopted by the producers and Mr. Hays under compulsion. “To put it more specifically,” says an editorial in the New York Morning World, “Mr. Hays is afraid of the women’s clubs and the ministers. They have the power in many communities to hurt the motion picture business. It is this fact, rather than any love of virtue for its own sake, which has inspired him to assemble in one code all the known counsels of perfection. ... If the ministers and the women’s clubs had less power, and more people could be brought in to see the films by adopting a different code, Mr. Hays, w'e take leave to think, would have had a different code.” Neal O’Hara, writing in his comical column in the New York Evening World, ridicules the Code. Under the title, “Cleaner and Purer Movies,” he writes partly as follows : “Will H. Hays has sent the movies out to the dry cleaners and they are coming back sweet and pure. When you read that hereafter the films will have no emphasis on sex, no sympathy with crime, the scenes of passion eliminated, profanity forbidden and the use of liquor restricted, it sounds like the scenario of ‘The Ten Commandments.’ We wish brother Hays luck. “Every movie producer of importance has taken the pledge to love, honor and obey the new rules. But wait till they start making pictures under them. If there is going to be no sex talkies, there’s a great chance for an oyster to star in place of Great Garbo. “And poor Clara Bow. When Clara comes on the lot and starts churning up her ‘it,’ they will reach for the fire extinguisher. If Qara expects to stay in the films, she will have to play Little Eva in ‘Uncle Tom’s Cabin’ and die inside three reels. . . .” W’Tiat we really need is not a New Code of Ethics, although this paper has welcomed it because it can advise exhibitors to reject pictures they could not reject otherwise. hut a law, such as Senator Brookhart has introduced in Congress. It is a law that will do the work. ST.VTEMENT OF THE OWNERSHIP, MANAGEMENT, CIRCULATION, ETC.. REQUIRED BY THE ACT OF CONGRESS OF AUGUST 24, 1912, OF HARRISON’S REPORTS, published Weekly at New York, N. Y., for April 1, 1930. County of New York. State of New York. Before me, a Notary Public, in and for the State and County afores.aid, personally appeared P. S. Harrison, who, having been dulj' sworn according to law, deposes and says that he is the Editor and Publisher of the HARRISON’S REPORTS and that the following is, to the best of his knowledge and belief, a true statement of the ownership, management, etc., of the aforesaid publication for the date shown in the above caption, required by the Act of August 24, 1912, embodied in section 443, Postal Laws and Regulations, to wit: 1. That the names and addresses of the publisher, editor, managing editor, and business manager, are: Name of Publisher, P. S. Harrison, 1440 Broadway, New York, N. Y. Name of Editor, P. S. Harrison, 1440 Broadway, New York, N. Y. Managing Editor, None. Business Manager, None. 2. That the owners are: P. S. Harrison, 1440 Broadway, New York. N. Y. 3. That the known bondholders, mortgagees, and other securityholders owning or holding 1 per cent, or more of total amount of bonds, mortgages, or other securities are: None. 4. That the two paragraphs next above, giving the names of the owner', stockholders, and security holders, if any, contain not only the list of stockholders as they appear upon the books of the company but also, in cases where the stockholder or security holder appears upon the books of the company as trustees or in any other fiduciary relation, the name of the person or corporation for whom such trustee is acting, is ^ven; also that the said two paragraphs contain statements embracing affiant’s full knowledge and belief as to the circumstances and conditions under which stockholders and security holders who do not appear upon the books of the company as trustees, hold stock and securities in a capacity other than that of bona fide orvners; and this affiant has no reason to believe that any other person, association, or corporation, has any interest direct or indirect in the said stock, bonds, or other securities than as so stated by him. (Signed) P. S. HARRISON, (Owner). Sworn to and subscribed before me the 2Sth dav of Ma-ch, 1930. A. W. NOYES. (My commission expires March 30, 1930.)