Motion Picture Herald (Jul-Aug 1936)

18 MOTION PICTURE HERALD July 2 5, 19 3 6 PARAMOUNT SUES SAM COLDWYN FOR LOSS OF COOPER CONTRACT Adolph Zukor Asks $5,000,000 Damages for Paramount, Charging "Interference by Goldwyn and Goldwyn Co." The doorbell rang Monday in the recesses of the Samuel Goldwyn mansion on its high knoll that overlooks the surrounding territory in Hollywood. The proper, Englishtrained butler hastened to answer. At the portal the servant found a well groomed man, the cut of whose clothes, the luster of. wellpolished boots and, in fact, whose appearance as a whole was that of a well turned out gentleman. So effective was the caller's appearance that the butler immediately surmised the gentleman must be one of the new members of the United Artists board of directors he had heard the master and mistress speak of while dining. He allowed the gentleman to enter, took his hat, and when he was asked to inform Mr. Goldwyn he had a caller, the welltrained man sought out Mrs. Goldwyn since he knew his master already had retired to his rooms and by now was in his bed. From the confines of the lavishly furnished living room, where all of Mr. Goldwyn's motion pictures are privately shown to audiences of friends before they are previewed, came the gracious Mrs. Goldwyn to welcome the new "member of the board of United Artists." Great was her surprise, however, when the well-groomed young man turned out to be not of United Artists, but a representative of Paramount Pictures, Inc. — or rather a process server bringing the papers of Adolph Zukor summoning Mr. Goldwyn to court to answer charges of luring Gary Cooper from Mr. Zukor's company and to show why he should not pay some $5,000,000 for so doing. From his bed upstairs Mr. Goldwyn refused to stir, suggested that the caller be put in telephonic communication with Abe Lehr, his personal executive assistant. Mr. Lehr finally convinced the young man he could deliver his papers to him instead of to Mr. Goldwyn and after receiving authorization to do this from the federal court clerk, the visitor retrieved his hat from the ready hand of the butler and left. The action of Mr. Zukor against Mr. Goldwyn was not wholly unanticipated, however. The suit was prepared by W. K. Tuller, Pierce Works and Jackson W. Chase of the law firm of Omelveny, Tuller and Myers and handed to the clerk of the United States district court at Los Angeles at 9:15 Monday morning. The lengthy complaint, setting forth Paramount's list of grievances, asked $4,000,000 damages for the loss of Mr. Cooper by the company, and $1,000,000 punitive costs from Mr. Goldwyn. Mr. Goldwyn said he would not reply until he had seen the complaint. Mr. Cooper declined to make a statement, but his manager, Jack Moss, said : "Well, we're signed with Sam Goldwyn, TRAFFIC VIOLATORS ARE FORCED TO VIEW FILM Police Judge Twain Michaelsen of San Francisco passed novel sentences this week on traffic violators brought up before him. All those who pleaded guilty, or were found so, of violating traffic ordinances were sentenced, instead of the usual monetary fines or prison sentences, to sit through a screening of Paramount's "And Sudden Death," at the Fox Theatre and to further prove they had seen the picture. all right. But as for trouble between the two studios, I don't know anything about it. It was just one of those things that sent us to Goldwyn instead of staying with Paramount." Mr. Zukor, however, accused Mr. Goldwyn of a "breach of morals and ethics," as well as violation of the law. "In the 25 years I have been in motion pictures I have never permitted our executives to interfere with the negotiations between a star of another company and that company for continued services of the star. This has always been and always will be a matter of principle with our organization," Mr. Zukor said. He added that Paramount began negotiations with Mr. Cooper for a new contract in October, 1935, 14 months before the expiration of his present ticket. An agreement was reached in January, he said. But at the same time, said the complainant, and without the knowledge of Paramount, "interference by Goldwyn and the Goldwyn company" prevented the signing of the contract. The complaint further asserted that Mr. Cooper was persuaded to sign up with Mr. Goldwyn "by means of false and fraudulent representations and statements." Say First Chance from Goldwyn Hollywood, however, was inclined to believe that sentiment played quite an important part in the star's alignment with the Goldwyn forces instead of continuing with Paramount. His friends claimed that he got his first chance through Mr. Goldwyn 10 years ago last month. Arriving in Los Angeles from his native Helena, Mont., the actor vainly hunted a job as a newspaper cartoonist and eventually landed in Hollywood as a cowboy extra in "The Winning of Barbara Worth," which starred Ronald Colman and Vilma Banky. Mr. Goldwyn was said to have picked the actor out of the crowd. He gave him the second lead in the film, and saw him go on from there to become one of the most important players in the industry. Mr. Cooper's intimates said the actor had long hoped for an opportunity to go back to Mr. Goldwyn. Paramount, however, has had him under contract since 1926. Salary, it is understood, did not influence the player in making the change from Para Goldwyn in Bed When Process Server Arrives; Butler Thinks He's Member of Board of Directors of United Artists mount to Goldwyn. He is reported to have been receiving "more than $100,000 a picture." Following the filing of the suit, Mr. Zukor issued a statement, which read in part: "When Gary Cooper came to Hollywood he was an inexperienced player in whom Paramount saw possibilities. He was a likeable, personable young man and it was our company which decided to take a chance on him as star material. "At great expense, the company, through these efforts, has developed Mr. Cooper into one of the most important and highly paid actors in motion pictures. "Under Paramount's guidance Mr. Cooper has come to the screen in such outstanding successes as 'Lives of a Bengal Lancer,' 'Morocco,' 'The Virginian,' 'Farewell to Arms,' 'Desire,' 'Design for Living' and many others. Cites Current Films "At present Mr. Cooper has just completed 'The General Died at Dawn,' a picture which executive previews have proven will be the one in which he has given his best performance to date. And again, under Paramount's direction, he is ready to start in a picture which is expected to equal or surpass his past screen triumphs — Cecil B. DeMille's 'The Plainsman.' "In October, 1935, Paramount entered into negotiations with Mr. Cooper for a new contract to be for a period of four years, following completion of his present contract which expires December 4, 1936. "Compensation to be paid him was agreed upon by Paramount and Mr. Cooper in January, 1936. Both were ready, willing and able to execute the contract. "Our complaint alleges that at this time interference by Goldwyn and the Goldwyn company thwarted and prevented the signing of this contract. "In the making of motion pictures, every producer realizes that any star has the right — as does a man or woman in any other profession — to better himself. "But in the 25 years I have been in motion pictures I have never permitted our executives to interfere with the negotiations between a star of another company and that company, for the continued services of the star. That has always been and always will be a matter of principle with our organization. "Our attorneys, after careful study, have advised us that such conduct as that alleged in our complaint, is not only a breach of good morals and ethics, but is a violation of law and gives us a legal right of action against Goldwyn and the Goldwyn company for all actual damages suffered and also for punitive damages where such wrong-doing was willful and malicious. "Under the circumstances, we will fight for the rights of our company."