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2246 MOTION-PICTURE JURISDICTIONAL DISPUTES
information to the effect that at a producers meeting in Hollywood Mr. Benjamin had made some statement, that he had talked to myself —
Said Mr. Eeilly—
and that a "fix was in in this case."
Mr. Herzog, as I recall, then stopped discussion and sent us out. Mr. Mitchell, Mr. Wright, and I conferred. We have known Mr. Benjamin for many years. He is a man of the highest professional integrity.
We knew the people on the other side we were dealing with. We knew the story was completely false. We did not have an opportimity at that moment to get a telephone call through to Los Angeles because they gave us a very limited time, but we knew, knowing the situation, that the thing was just a dastardly lie.
So we went back in the hearing. Mitchell was acting as our spokesman that day. We discussed it. We agreed that the thing was so brazen and so baseless, that we would take this position : that we would not discuss any question of the qualification or disqualification of Mr. Herzog and Mr. Huston, until we had gotten this thing cleared up.
When we went back in the room, apparently Mr. Isserman had gotten in a little ahead of us. I think Judge Levy had gotten in a little ahead of us, so Chairman Herzog said :
I will take your statements in the order in which you have come into the room.
Isserman said :
So far as Mr. -Herzog and Mr. Huston are concerned, ohviously in my judgment their small interest in independent theaters can't possibly affect their bearing on this case. So far as Mr. Reilly is concernedHe said this — we are making no charges, and on the facts as we know them —
And this is clear in my mind ; I remember them very clearly —
on the facts as we know them we intend to make no charges and we are not making any motion here to have Mr. Reilly disqualify himself.
Isserman then went on to say that in his judgment the matter of disqualification of Mr. Reilly was entirely a matter for Mr. Reilly's conscience. But he did make it very clear that he was making no charges on the facts as they then knew them, and intended to make no charges.
Then they got to Judge Levy and, as I recall Judge Levy's statement, he said in effect that he was in a very embarrassing situation, that obviously he thought all members of the Board would act fairly in this case, and act properly, but in view of the fact that these interests were there, he was a little fearful that in an effort to lean backward, his situation might be prejudiced. But he made it very clear that he had no objection to any of the Board members.
Then speaking for us, Mr. Homer ISIitchell used some very strong language about the charges that were made. He said, he knew they were falsehoods and he knew they were lies. He wanted to know from Mr. Isserman right then and there whether Mr. Isserman was making any representation to the Board at that time that those statements were true. '
Isserman immediately said, "No." He said :
As I stated before, I am making no charges, and on the facts as we know them I don't intend to make any charges.