What does this do, gentlemen? This places in the power of the exhibitor what? That if that picture does not click at the box office, he decides whether or not the film is fairly described in the synopsis. The exhibitor decides that. Then he says to the distributor it does not. The distributor says that it does. Then you have to go to court, to a jury or a judge or somebody to decide, in their opinion, whether it did or did not. It lays down, in my opinion, gentlemen, a gateway to lawsuits, and if you might call it that, blackmail, and criminal prosecution, that will work harmfully to this industry.

Now, referring briefly, gentlemen, to section 4 in connection with the synopsis. The salesman when he comes out to see me, must have a synopsis of that picture. I say that they will not make a synopsis until the picture is finished. That being true, and pictures not being made by the turning of a crank and all coming out in 1 month-they are made two or four a month, and sometimes more, and sometimes less. So that the salesmen will have to at least make 12 trips to my town to sell me $12.50 and $15 pictures, 200 miles from my town to the exchange. So you can see, gentlemen, that when you apply this synopsis, regardless of whatever construction you put on section 3, that the synopsis clause prohibits the sale of any more than two to four pictures a month. No exhibitor can exist, gentlemen, and buy his pictures after they are made. No exhibitor can exist and wait until the end of 12 months, and the picture has been run and the radios have played sketches of it and the theme songs have been played over and over again over the radio. We want them hot, in the little towns, the little town exhibitors, gentlemen; as first-run theaters we play lots of times on a day and date ahead of the big cities. We play them sometimes after they are played in the big cities. I prefer playing them after them, for the benefit of the advertising. The CHAIRMAN. How much more time are you going to require? Mr. WALKER. Just a minute or two.

The CHAIRMAN. The committee will have to adjourn very shortly. Mr. WALKER. Just a minute or two. I will cut it down.

Gentlemen, it is my sincere and honest belief, however, that whatever may be wrong with the buying or selling of pictures at the present time, this bill is in no way the remedy for that evil. I think that if the agreement were made between the producers and distributors that have been put into effect would have been a long step toward solving a lot of our problems.

I am proud of the history of the motion-picture industry. I am proud that I have had a part in it. As I said, I first became connected with it in 1917, and I have seen it grow from the 5-and-10-cent show on up to the present shows we have. I am proud of the men who have been at the head of this industry, and I want to say to you, leave this word with you, that we are satisfied with this system. Insofar as the Neely bill is concerned, it would not correct it. There are some things, as I have said, we would like to correct, and I believe we will correct. I have never been in my life in a position where I could not sit down around a table with a bunch of fair-minded men and settle my differences.

But, under this system, gentlemen, taking my own case: In 1917, for $3,750, I bought an original theater, five blocks away from the town, a little old frame opera house, with a few opera chairs and mostly wooden benches. Today I am within two doors of the square.

I have an investment there of better than $20,000 and do not own any building or any of the improvements. That has been built up from that little business. I am giving my people under this system, gentlemen, the same pictures that you see here under the same conditions; the same kind of talking equipment; same upholstered seats; cooling system and heating system, in a little town of 2,700, and I am giving them that at a price which is half of what you pay here in Washington. And, it has been done, gentlemen, under this system.

Now, there are a number of things that I would have liked to have said on this, but I have listened to all that has already been said, and I have skipped over a part of it, because I knew the time was limited; but I ask you in all fairness, gentlemen, as a little country exhibitor, not to saddle upon us this proposed legislation, drawn and fostered, in my opinion, by those who know nothing, or at least care nothing for our business.

I make this plea to you because I represent, gentlemen, nearly 90 percent of the theater owners in Texas. I represent 98 percent of those who have been approached with these petitions, and in their name, I appeal to you to use your own fair judgment as to what is best for this industry, and I will tell you that the little independent exhibitor is not for this Neely bill.

I thank you.

Mr. WOLVERTON. Mr. Chairman.

The CHAIRMAN. Mr. Wolverton.

Mr. WOLVERTON. Mr. Walker, I have been very much impressed with the plan that you have pursued in getting pictures at a price advantageous to you. After hearing you relate it, I am inclined to think that you will get "every pound of wool from your sheep." Mr. WALKER. I try to.

Mr. WOLVERTON. I have been interested in your statement, and it seems to be unique.

You speak of representing a great many different interests. Your statement is unique in the factual information that it brings to the committee, based upon a survey that you or those under you have made, and you have asked the committee to accept it on your responsibility and honesty of purpose to be vouched for by the Congressman from the district from which you come. You have made reference to the fact that he is a member of this committee. I assume that you refer to Mr. South.

Mr. WALKER. Yes.

Mr. WOLVERTON. Well, I wish to say to you, while you have brought something to us, you can take something back to Texas, if you will tell these various interests that you represent in the State of Texas the high regard in which Mr. South is held by the membership of this committee as to his ability and high purposes, and I feel that then you will have carried something back that is worth while to them. Mr. SOUTH. I thank you. [Applause.]

The CHAIRMAN. We thank you, Mr. Walker.

Mr. WALKER. Thank you, Mr. Chairman.

The CHAIRMAN. The committee will stand adjourned until 10 o'clock Monday morning.

(Thereupon, at 1:05 p. m., the committee adjourned until Monday, May 27, 1940, at 10 a. m.)

MOTION-PICTURE FILMS

MONDAY, MAY 27, 1940

HOUSE OF REPRESENTATIVES,

COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE,

Washington, D. C.

The committee met at 10 a. m., pursuant to adjournment, Hon. Clarence Lea (chairman) presiding.

The CHAIRMAN. The committee will come to order.

I understand the first witness this morning is Mr. Joy. We will be glad to hear from you, Mr. Joy.

STATEMENT OF JASON S. JOY, REPRESENTING TWENTIETH

CENTURY-FOX FILM STUDIOS, HOLLYWOOD, CALIF.

Mr. Joy. Mr. Chairman, I am Jason S. Joy. I represent the Twentieth Century-Fox Film Studios in Hollywood. My sole purpose in being here is to discuss section 4 of the bill and its effect upon the production of motion pictures. In order to fully understand how section 4 will operate in practice, it is necessary to keep in mind the manner in which stories are developed today in pictures. Let us take an example of our picture Maryland, which is just in its final stages of production at the studio. The early conception, in April 1939, established the locale as the State of Maryland; time, 1861; characters, two middle-aged brothers opposed in war, in disposition, in vocation, and in abilities. The older brother, a gentleman of the Old South, a lover of horses, very benevolent; the younger married to a northern woman, shrewd in business, selfish, the girl adopted by the older brother in the South when her parents were killed, very much like him in disposition and particularly in her love for horses; the boy, the son of the younger brother, a fine fellow except when tied too closely to his mother's apron strings.

The story line picks up the two brothers just after the war as the older brother returns to Maryland to find that the younger brother has sold their great string of trotting horses which they had owned jointly and has used the money as capital for war profiteering; furthermore finds the mother a social climber and that she will not tolerate the older brother's interference in her son's life and desires not to have him interfere in bringing up of her son.

This causes the older brother and his adopted daughter to secure a string of trotting horses and spend most of their time at county fairs, living almost a gypsy existence, going from place to place and rarely returning to the homestead in Maryland.

During the course of their wandering they acquire a very old mare which eventually wins for them the Hambletonian Stake at Goshen,

N. Y., under such circumstances as to rehabilitate the family fortunes which in the meantime have gone from bad to worse in Maryland. This results in the reuniting of the family and permits the proper conclusion of the romance between the boy and girl and ends our story happily.

This is set forth in our first treatment, which is early in April 1939. On April 22, 1939, the second treatment of the story is: Period, 1885. The story picks up the brothers as young men living in the ancestral estate in Maryland. Both love the same girl. The younger brother wins out and the older brother leaves to become a wandering horse trader and trainer, as in the original treatment. An old horse, as before, saves Maryland family, but romance now between girl and gentleman jockey.

On May 13 the story was moved back again to 1861 with story pretty much as in first treatment except that the romance between the boy and girl is complicated now by the gentleman jockey who in this version is not quite as gentlemanly as he was in the other, or as he should be in order to win the girl's hand.

August 23 treatment: Has same locale and period; brothers' feud minimized but not lost; training and racing of trotters is built up: son's rival for girl's love now defeats heavy; same climax with old horse.

August 29 treatment: The same as above, except that a Negro character is introduced-a great man with horses but not to be trusted with dice or the truth. His conversion at a Negro revival service the night before the big race solves the complications in the plot-lets the old man and old horse win and unites the boy and the girl.

September 25, the story was entirely changed--the story line, the characters, and the period. The brothers are omitted. The horses are changed to thoroughbreds from trotters, and the time is the present. The part played by the older brother is now an employee on the estate. He is the trainer.

The story line involves successful businessman whose hobby, virtually an obsession, is the raising and breeding of thoroughbreds. When his son is 5 or 6 years old, he induces his wife to ride with him. Her horse is too much for her. She is thrown and killed. In his sorrow and remorse he gets rid of his stable and trainer and forbids his son ever to ride. The son is educated in Europe where he learns to ride without his father's knowledge. Upon his return to Maryland he finds the trainer with a horse capable of winning an important race at Pimlico, but no funds with which to secure a jockey. The son rides-trains and rides his horse-wins, is forgiven by his father, and thus the family, including the trainer, is reunited. Slight romance between son and trainer's granddaughter.

September 27 treatment: Same in all respects as last treatment except that it is the husband who is killed and not the wife.

November 11 treatment: First draft continuity was prepared as of November 11, 1939. It has the same story line, characters, and period as last treatment, except that all horses are hunters and the climax is the winning of the famous Maryland Hunt Cup Race. The continuity has developed the treatment into scenes, directions for action, and complete dialog. The romance has now achieved its proper proportion in relation to the other elements of the story.

November 21 is the final shooting script. Between the time of the first draft continuity and the final shooting script, 53 scenes have been eliminated and 21 scenes have been rewritten entirely for sake of characterization, and all dialog reviewed for improvement.

November 29, revised final script. Script rewritten to eliminate two elements which previously had seemed important, but which now get in the way of the main story.

February 13, shooting final: Changes made at advise of director and to accommodate talents of various members of the cast.

February 16, revised shooting final. On February 16 changes were made in 26 scenes and in some dialog.

While the writers, the producer, and the director have been occupied with the development of the dialog script, other departments at the studio have been occupied with matters directly affecting the final picture.

First, research has assembled all available data concerning locale, including exterior and interior buildings, furnishings, costumes, customs, language peculiar to the locality, and varied interests. Second, music department has secured or written music which should be used in scoring the picture. Third, the location department has secured outdoor sites in California to shoot outdoor scenes. These must match actual Maryland

scenes.

Fourth, the public-relations department has consulted the Governor of Maryland and the officers of the Green Spring Valley Hunt Club whose suggestions concerning the story in whole and in specific detail have been incorporated in the script. Permission also was granted to shoot the Maryland Hunt Cup Race when it was run on April 27 of this year. Incidentally, the director and his crew were in Maryland for 3 weeks prior to the race, picking up atmospheric shots and making close shots which could not be photographed during the actual running of the race.

Fifth, the first draft continuity was discussed informally with the Production Code Administration in November so that their suggestions could be incorporated in the script. The final shooting script was formally presented to them in February and received their approval.

After the first rough cut of the picture was seen at the studio, 29 scenes were re-shot and 11 new scenes were added; all of the scenes of the mother after the death of her husband were retaken to change her character from that of a woman soured by her husband's death and her misapprehension that she had caused his death to that of a woman who divorces herself and her family from horses in order that her son may not suffer a similar accident. In addition 16 scenes were eliminated. Most of these had to do with her personal continuance of her husband's business.

Inasmuch as I left Hollywood before the final scenes had been cut into the picture, I can only indicate the further steps required before its exhibition.

First. It will be sneak previewed at least once, or as many times as may be necessary, for the public to register its opinions concerning the various elements of the picture.

Second. The Production Code Administration will officially see the picture and any eliminations and changes required by them will be made.

235749-40-pt. 2- -11