Showmen's Trade Review (Oct-Dec 1947)

SHOWMEN'S TRADE REVIEW, October 25, 1947 7 House Hunt For Film Communism Fails to Prove Red Taint Exists in Motion Pictures Committee Rejects Request — — — — — — — — To Cross-Examine: Hears ffy WaV of Explanation One-Sided Testimony ^ ^ ^^^^^ SP^HT The Kleig-lighted, televised, publicity-trumpeted inquiry of the House Committee on unAmerican Activities into the motion picture industry, which opened Monday in Washington, neared the end of the week without conclusively establishing by evidence a single charge that communists were introducing their views to the screens of the nation. The hearing to date has been particularly quiet — and one-sided. Chairman Parnell Thomas has indicated that there will be sensational testimony Monday, after he and his colleagues hold a closed hearing. But to date all the testimony has been purely opinion and sa\e for bursts of applause by the 400 some-odd spectators when some actor witnesses carried a point that went over, it has been orderly. Only one lawyer — Charles J. Katz of Hollywood — Aas thrown out of the hearing. Katz had interrupted to demand a right to cross-examine witnesses who had named his clients as communists or fellow travelers. He claimed that by cross-examination he could have saved time by showing that the charges were unfounded. He might have had logic on his side, but the committee had force on its and Katz was not only escorted out of the hearing but outside of the Capitol by police. The committee also gagged Paul V. McNutt, legal representative of the Motion Picture Association. Their rule effectually prevented the iilver-haired, silver-voiced orator, who is no political babe in the woods, from pulling another Wendell Willkie and smoking issues into the open by cross-examination and legal maneuvering. McNutt's demand that since there was a charge of communist taint in motion pictures the pictures so accused should be examined also did not get to first base, the committee intimating that this would be discussed in closed chambers — without an audience. 'Try to Dictate and Control' But if McNutt had to be silent in the hearing, he wasn't outside where he took the committee to task for trying to control movies. "It became perfectly apparent," he told the press, "during the chairman's questioning of Mr. McGuinness, that the purpose was to try to dictate and control, through the device of the hearings, what goes on the screens of America. "This is no concern of any Congressional committee. It is the concern solely of those who produce motion pictures. You don't need a law to impair the constitutional rights of free speech. It can be done by intimidation and coercion. That is the way of all totalitarian regimes, which we hate." The line which the hearing was to take was indicated early when Chairman Thomas opened it. Thomas stated that he believed the majority of the motion picture industry's workers were "patriotic and loyal Americans." He later denied any efforts at censorship were behind the hearing but insisted there was communism in Hollywood and the inquiry was to determine its extent. Immediately after this Thomas refused to consider a motion by Attorneys Bartley C. ( Continued nn Page 8) Motion picture industryites — especially exhibitors— who may be called upon to defend the industry or refute arguments advanced against it, may be interested in the following information about the House Committee of Un-American Activities and its hearing: The committee is over 10 years old. Until six years ago it was a temporary committee. Now it is a standing committee and as such can make recommendations to Congress for legislation. On the basis of the eviaence so far offered, it could advise Congress to legislate against communists. It could also advise legislation on motion pictures, though it is doubtful if any steps to dictate the content of films would be held constitutional. The committee at first was unofficially known as the Dies committee, after its chairman Martin Dies. It is today known unofficially as the Thomas Committee, after its present chairman. Rep. Parnell Thomas of New Jersey, former bond salesman and insurance broker. The committee has the right to set up its own rules of procedure. It is not bound by ordinary rules of evidence or fair play. It is not bound to follow the procedure used by other Congressional committees. It is entirely within its legal rights when it refuses attorneys for witnesses the right to cross-examine other witnesses, even though such cross-examination might save time by establishing the fallacy of some testimony The cuinplcte text of Louis B. Mayer's {see cover) formal statement read before the UnAmerican -A-ctivities Committee Monday follows : Communism to me is so completely opposed to the principles of democratic government that I welcome the opportunity provided by this Committee to be of any service possible to bring out the true facts concerning reported infihration of Un-.^merican ideology into motion pictures. Like others in the motion picture industry I have maintained a relentless vigilance against Un-American influences. If, as has been alleged, communists have attempted to use the screen for subversive purposes, I am proud of our success in circumventing them. I have abundant reason to cherish the blessings of our democracy and to resist with all my strength any effort to undermine it. I join with this Committee in every determination to safeguard the precious freedom entrusted to us. During my twenty-five years in the motion picture industry I have always sought to maintain the screen as a force for public good. The motion picture industry employs many thousands of people, as in the case of the newspaper, radio, publishing and theatre businesses. We can't be responsible for the political views of each individual employe. It is, however, our complete responsibility to determine what appears on the motion picture screen. It is my earnest hope that this Committee will and would at least give those accused of communism an opportunity to answer. The committee's hearings are public — at present. Ever since the dawn of AngloSaxon justice, grand juries have heard onesided evidence presented them by the prosecutor. But the grand jury hearings are secret. Their purpose is only to determine whether the prosecutor has enough evidence to warrant a public trial where a petit jury will then hear both sides and bring in a verdict. The congressional committee cannot convict anyone, but its open hearings of one-sided evidence can create erroneous impressions and hurt the individual and even the industry. To date none of those who have been accused of "un-Americanism" have been able to answer, though the accusations have been broadcast by press and radio. Witnesses appearing before the committee enjoy immunity from slander or libel suits for whatever they say. The committee, however, if it wishes, may call upon the House of Representatives to cite witnesses for perjury, if it feels it has cause. Witnesses supposedly are not required to answer all questions put to them. However, actions for contempt, etc., may be instituted against them through the House, the Department of Justice or a fedc-ral grand jury. Chief complaint to date is that the privilege of cross-examination is refused. Chief {Continued on Page 12) perform a public service by recommending to the Congress legislation establishing a national policy regulating employment of communists in private industry. It is my belief they should be denied the sanctuary of the freedom they seek to destroy. Communism is based upon a doctrine inconsistent with American liberty. It advocates destruction of the system of free enterprise under which our industry has achieved popularity among the freedom-loving peoples of the world. Our hatred of communism is returned in full measure. The communists attack our screen as an instrument of capitalism. Few, if any, of our films ever reach Russia. It hates us because it fears us. We show too much of the American way of life, of human dignity, of the opportunity and the happiness to be enjoyed in a democracy. More than any other country in the world, we have enjoyed the fullest freedom of speech in our means of communication. It is this freedom that has enabled the motion picture to {Continued on Page 12) Nickel for Nothing? Marking what is thought to be a reverse in policy, Essaness' Oriental in Chicago this week is showing a short by the International Nickel Company on its regular program. The short tells about nickel, its alloy and its distribution. Mayer ^Proud^ of Industry, He Tells Investigating Committee in Capital