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18
MOTION PICTURE HERALD
September 2 7, 1941
GUILD UNITS ATTACK INQUIRY
Senate Auditors May Tighten Purse Strings to Curb Inquiry
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"The potent propaganda is not movies about Hitler ; it is Hitler himself — his words and his deeds. The record — the bare, factual record — of this man is what conditions the mind of America toward hatred of Nazidom — not any ephemeral shadows of Europe's Armageddon. What movie genius could produce so herce a piece of anti-Nazi propaganda as Hitler has himself brought forth in "Mein Kampf?" he asked.
"In the face of this reality, which oppresses the mind of every American, whether he has ever seen a movie or not, it is idle, certainly, to single out the motion picture industry as a force in the moulding of public opinion. Without a doubt, the movies are potentially a powerful instrument of political expression ; no one could or would gainsay that. But in my opinion, no convincing evidence can be presented showing that their influence in determining our people's attitudes toward other nations has been anything but negligible," Senator Downey declared.
Even if the press, radio or films abused their freedom of expression he added, it would be better to endure incidental distortion and defamation rather than to lose the fundamental right.
Stands on "Free Speech"
Turning to the monopoly issue the Senator inquired of Chairman Clark, "if 500 men control an industry are they to have the right to free speech, but if the operation of a business is by 50 men are they to be denied protection of the Bill of Rights ?
"Is there any law giver who could aptly frame a statute stripping from a monopolist his fundamental human rights, any judge who could administer such a measure?" he asked.
"Almost every large American industry is now involved in the complications of the antitrust law. The movie producers are no exception. Their cases are now being reviewed by the Department of Justice.
"I think it will be difficult for this Committee, however plausible its argument, to convince the American people that it can justly develop this investigation into a monopoly inquiry. For this Committee to raise the monopoly question as an apparent inducement to the movie industry to submit to its censorship, can lead only to national misunderstanding. I hope I may be permitted to urge upon its members to avoid placing itself in this ambiguous position," Senator Downey continued.
"I am likewise convinced that any attempt to secure data on the foreign markets of movie companies, or the birth places of movie leaders cannot be justified before the bar of American public opinion. Such collateral inquiries can be relevant only if we intend to forbid, to the foreign-born citizen, his freedom of expression, to deny to the American business leader whose genius has developed a market abroad, the right to express himself on international issues.
"Surely, if we cannot have faith in an untrammeled freedom of expression for all our citizens, wherever born, however far flung their enterprises ; if we yield to the fear that our democratic heritage can be wiped out of our minds and hearts by a flickering propaganda, then the foundations of the Republic are weak indeed," he concluded.
Film Unions Protest Committee's Tactics
The Screen Actors Guild at a meeting of its directors in Hollywood on Monday voiced a demand that the Senate investigation be stopped. According to Edward Arnold, president, the directors passed a resolution condemning the aims of the inquiry. It said, in part.
"It is clear that the purpose of the inquiry
CONTINUANCE of the inquiry by the subcommittee was threatened over the weekend by a move within the Senate to bar further expenditures by the subcommittee of the Interstate Commerce Committee. Burton K. Wheeler, chairman of the latter body, named the five subcommittee members, who proceeded to conduct the hearings without direct Senate authority or an appropriation to meet the expenses of calling witnesses.
Senator Scott W. Lucas, of Illinois, chairman of the Senate Audit and Control Committee, which must approve all the subcommittee's expenditures, on Friday observed that the hearings had been undertaken without approval or instructions from the Senate. It was not, he added, in keeping with Senate practice, and said that he would not approve any expenditures until there were more indications of how long the film inquiry would last and how much the committee would spend.
Vouchers for $552.04 signed by Senator D. Worth Clark, chairman of the subcommittee appeared likely on Monday to precipitate a showdown on control of the hearing's purse strings. The vouchers were sent to the Audit and Control Committee for approval. They are to pay the expenses of Jimmie Fidler and George Fisher, Hollywood columnists who testified last Monday.
For Traveling Expenses
The sum covered traveling expenses of the two columnists who flew to Washington from Hollywood. An additional voucher would pay them the customary $3 per day witness fee. Mr. Fisher submitted an account of $264.50 for his half hour appearance on the stand. Jimmie Fidler's testimony, on a per word basis was much cheaper. For three hours on the stand he
is to block production of motion pictures which are termed anti-Nazi because they deal realistically with war subjects and to effect censorship on free expression of American culture. . . . The inquiry has quickly indicated that it is designed to breed religious and racial discord in our nation, thereby to destroy the unity of the vast majority of the American people who support the foreign policy of the nation.
"Therefore be it resolved that the SAG does hereby condemn the action of the subcommittee as an immediate threat to the free thought, free speech, and the very fundamentals of liberty upon which our great nation was founded and demand that this inquiry be stopped."
Kenneth Thomson, executive secretary of the SAG, who had just returned from Washington, attacked the testimony delivered by Jimmie Fidler and George Fisher. He urged an overwhelming protest from members of the industry, the public and the press against such "unqualified" testimony.
At New York the Independent Theatre Owners Association at a meeting last week in the Hotel Astor passed a resolution condemning the probe and pledged the assistance of exhibition in refuting the charges leveled against producers and distributors.
The resolution petitioned Congress to end the inquiry at once and charged that "the examiners have consciously and deliberately publicized unsupported and unfounded assumptions" calculated to injure the film industry." Copies of the
requested $287.54 for his travelling expenses.
Approval of the vouchers by Senator Lucas and his committee appeared in doubt. He again said he would approve no expenses for the subcommittee until it made clear how long it intended to sit, and how much money it would demand. If the audit committee rejects the expense request it will have to be submitted to the Senate. Chairman Clark expressed confidence that if they were the Senate would approve. Washington observers were less certain however.
May Set Limit
Senator Lucas also commented that he might recommend that the Senate set a $250 limit to the amount which a committee might spend without express authority from the Senate. If this were done the motion picture investigation would have to be ended unless the Senate approved a resolution calling for its continuance.
Senator Clark on Monday predicted however that the Audit and Control Committee could not squelch the hearings. He indicated that he was ready to submit expenses to the whole Senate if necessary. This week, he forecast, the committee would continue to hold daily sessions and would hear all of the subpoenaed witnesses.
Among those who would follow Mr. Schenck on the stand, Senator Clark said, are Harry Warner, president of Warner Brothers, Barney Balaban, head of Paramount, Darryl F. Zanuck, production chief for 20th Century-Fox, Will H. Hays, president of the Motion Picture Producers and Distributors of America and others.
Control of the audit committee headed by Senator Lucas rests solidly with administration supporters. The only isolationist member is Senator Charles W. Tobey, New Hampshire Republican, who is also a member of the subcommittee.
resolution were sent to the committee members and to Vice President Wallace, as presiding officer of the Senate.
The New York Screen Guild, union of publicists, readers and home office workers, also attacked the investigation, passing a resolution on Friday, September 19th, which charged that the hearings are an effort to censor the motion picture industry.
The Screen Publicists Guild, in a telegram to President Roosevelt, asked his support in ending the unauthorized Senate subcommittee investigation. Steven L. Freeland, New York cochairman, and Nat W. James, Hollywood cochairman, signed the message.
Numerous other labor groups, including several not associated with the industry, also attacked the investigation as a threat to free expression. Actors Equity, the Associated Actors and Artistes of America, and other groups passed resolutions and issued statements. The American Civil Liberties Union published a lengthy attack on the subcommittee. Thomas J. Lyons, president of the New York State Federation of Labor, parent body of many of the theatre employe unions, called the subcommittee "a sounding board for the America First Committee" and condemned its conduct of the film investigation.
The committee was to hear Harry M. Warner, Darryl F. Zanuck and Barney Balaban on Thursday and then adjourn, possibly until the week of October 6th.