The screen writer (Apr-Oct 1948)

ways, placing restraints upon the channels of trade, blocking access to the free market, and imposing burdens upon commerce among the several states." IN discussing the purpose, scope and action of the alleged conspiracy, the complaint comments on the resolution of the Association of Motion Picture Producers by stating, "The resolution is deliberately so broad as to cover any proposal of reform which is condemned by influential groups as illegal and unconsitutional. Advocates of the Tennessee Valley Authority would have fallen within the ban of the resolution at the time that organization was attacked as unconstitutional. In a like manner the abandonment of the gold standard was regarded as an overthrow of the Constitution by illegal means by Justice McReynolds of the Supreme Court of the United States dissenting from the judgment of his associates in the Gold Clause cases." It is pointed out that the terms "member of a party" and "member of a group" are left undefined in that resolution. "It was drawn by skilled legal counsel. The lack of definition of these terms was intentional and deliberate. The uncertainty of its terms, the fact that they may be expanded or contracted without logical inconsistencies makes the resolu tion a more effective instrument of intimidation." ' | 'HE injury to the Screen Writers' -* Guild and to the minimum basic contract is summarized as follows : "The Giuld is injured in its good will as a going concern by restrictions upon the exercise of the original talent of its members * * * and in its capacity to discharge the obligations which it has assumed with respect to the employment, the remuneration and the working conditions of its members. The strength of the Guild as an organization is in large part dependent upon the basic contract setting forth the minimum terms of employment and conditions to which employers are induced to comply through the process of collective bargaining. "The conspiracy and combination of defendants as carried out makes the Guild's basic contract subject to revocation by standards so vague and uncertain that its validity as a contract is to a large extent destroyed. The writer whose work is satisfactory to his employer may now be discharged if through adverse publicity or prejudice other producers in the industry decide that he is a bad publicity risk because he has incurred the displeasure of some prejudiced group. "Prior to the conspiracy some of the individual writers now blacklisted were told by their employers that their work was satisfactory and that their contracts would be renewed regardless of the charges of the legislative committees which at that time had already received wide publicity. This action by individual employers was reversed by concerted action of all the producers. "The uncertain standards of censorship, based as they are upon the desire to placate intolerant or prejudiced groups, will, if continued, reduce all pictures to a common level. Writers of originality and ability to treat serious subjects will be deprived of an opportunity to exercise their unusual talents. Real life which is a proper subject matter of drama will under this censorship have to be closed to the screen or to be falsified." IN conclusion, the Thurman Arnold complaint petitions the court for relief as follows: I. That the employing companies in the industry be perpetually enjoined from any meeting, communication or collective action or decision — save in a lawful process of collective bargaining — respecting the hiring or firing of employees. II. That the three Associations be forever enjoined from meeting together and from individually and collectively taking any action — save in a lawful process of collective bargaining — resulting in or leading to the discharge, the refusal to hire, SWG Professional Group Accident & Sickness Insurance 'APPROVED AND RECOMMENDED BY YOUR BOARD OF DIRECTORS AND INSURANCE COMMITTEE) IT PAYS YOU $200 Month for Accident — $200 Month for Sickness $2000 Accidental Death — $10,000 Dismemberment PLUS — $7.00 Per Day Hospital — Plus $25.00 Miscellaneous Expenses Age up to 50 $35.90 Tel. TU. 4169 PROVIDES MAXIMUM PROTECTION AT MINIMUM COST SEMI-ANNUAL RATES Age 50 to 60 $40.40 FOR COMPLETE DETAILS COMMUNICATE WITH GEORGE P. QUIGLEY, Exclusive Representative THE NATIONAL CASUALTY COMPANY 609 SOUTH GRAND AVENUE, LOS ANGELES 14 Age 60 to 65 $49.40 Tel. TR. 3861 The Screen Writer, June-July, 1948 27