MOTION PICTURE FILMS WEDNESDAY, MAY 15, 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 please come to order. I will ask the clerk to read a telegram from Mr. Pettengill, a former member of the committee. (Thereupon, the clerk read the following telegram:) Hon. CLARENCE F. LEA, SOUTH BEND, IND., May 14, 1940. Chairman, Interstate and Foreign Commerce Committee, House of Representatives, Washington, D. C. I am sorry that I am not able to be present at the hearings on the NeelyPettengill bill. However, I don't want my absence interpreted as evidence of any lack of interest on my part. Block booking and blind selling in advance of production is a monopolistic practice not known in any other industry. Essentially it is an effort to compel movie theater operators and their customers to underwrite the risks of production. As a man who has written three books I might personally wish I had a stranglehold on the book trade of the country. However, it is to the public interest that neither I nor anyone else has such a hold and that books as well as automobiles have to sell on their merits. Please read this telegram into the record with my affectionate regard for my old colleagues. SAMUEL B. PETTENGILL. The CHAIRMAN. Mr. Atkinson, I understand that you desire to proceed further. STATEMENT OF HENRY R. ATKINSON, MEMBER OF LEGAL DRAFTING COMMITTEE, BOSTON, MASS.-Resumed Mr. ATKINSON. Mr. Chairman, as promised yesterday, I have here a memorandum on the position indicated that a decree in equity in one district court will be binding on the parties throughout the United States, which I will not read, unless the chairman wishes me to do so, but submit for the record. The CHAIRMAN. Very well. (The memorandum referred to is as follows:) MEMORANDUM ON BINDING EFFECT OF A DECREE IN EQUITY ENTERED IN PURSUANCE OF A FROCEEDING UNDER SECTION 5 OF S. 280 TO RESTRAIN VIOLATION OF SECTION 3 OF S. 280 The decree of a court is binding on all persons before it. (See Longsdorf Encyclopedia Federal Procedure, sec. 1047.) A court may thus restrain a party from doing certain acts outside of the district of the court. Section 5 of S. 280 contains the following sentence: "Whenever it shall appear to the court before which any such proceeding may be pending that the ends of justice require that other parties should be brought before the court, the court may cause them to be summoned, whether they reside in the district in which the court is held or not, and subpoenas to that end may be served in any district by the marshal thereof." It follows that a district attorney of the United States, "under the direction of the Attorney General," could bring a proceeding in equity to prevent and restrain violations of S. 280 in the district of the State under whose laws the distributor was incorporated, for instance in the southern district for New York, or in any district in which a distributor consented to be sued (see U. S. Code, title 28, sec. 112, note No. 100, and cases cited), and the court could summon whichever other parties appeared necessary, whether incorporated in New York or not, and order each or all of their officers, agents, servants, employees, and attorneys to refrain from doing such specified acts in any part of the United States as the court might determine to be violative of section 3 or section 4 of S. 280. The court would enforce such a decree by proceedings in personam against the party before it. Respectfully submitted. MAY 14, 1940. HENRY R. ATKINSON. Mr. ATKINSON. I have also from the Twentieth Century Association, of Boston, a petition with 58 names addressed to the chairman of the committee, which I think it will be unnecessary to read, except that it is very strongly in favor of the bill, and I will submit it for the record. The CHAIRMAN. Very well. (The petition referred to with signatures in part is as follows:) THE TWENTIETH CENTURY ASSOCIATION, Boston, Mass., May 11, 1940. Hon. CLARENCE F. LEA, Washington, D. C. We, the undersigned, members and guests of the Twentieth Century Association, Boston, Mass., respectfully petition your honorable committee to report promptly and favorably S. 280, the Neely bill, now before you, to prohibit compulsory block-booking and blind buying in the motion-picture industry. Our association has for years heard discussions of this important agency of public amusement and education, which influences millions of youth weekly, and we are convinced that its evils cannot be avoided and its great possibilities for good fully realized until Congress thus restores community freedom in the choice of films. The bill has already passed the Senate by a vote of 48 to 26. We urge that no pressure of other business can justify the failure of the House, at this session of Congress, to pass this measure of fundamental importance to every community and every American home. Ada C. Adams, 21 Pearl Street, Natick, Mass.; Josephine T. Church, 4 Humboldt Street, Cambridge, Mass.; Ruth W. Noyes, 248 Chestnut Street, Clinton, Mass.; E. Tallmadge Root, 55 Putnam Street, Somerville, Mass.; Louis T. Golding, 46 Cotswold Road, Brookline; Dorothy P. Kendall, 70 Court Street, Dedham, Mass.; Freder ick W. Brooks, 50 Joy Street, Boston, Mass., (by E. T. R.); Walter B. Bullen, 27 Ripley Terrace, Newton Centre; Wolcott Cutler, 41 Monument Square, Charlestown, Mass.; and 49 others. Mr. ATKINSON. Also I have from the Greater Boston Presbyterian Ministers Association, representing a constituency of over 4,279 church members and a constituency of over 2,376 Sunday-School pupils, a resolve asking for the passage of the bill, signed by the secretary, which I will offer for the record. The CHAIRMAN. It may be received. (The paper referred to is as follows:) WORLD-WIDE COMMUNION OF THE PRESBYTERIAN CHURCH Mr. HENRY R. ATKINSON, Dodge Hotel, Washington, D. C. The Greater Boston Presbyterian Ministers Association, representing a constituency of over 4,279 church members and a constituency of over 2,376 sundayschool pupils, believe that the present plan of block-booking and blind selling of motion pictures to exhibitors, which compels exhibitors to buy pictures which they do not want, in order to secure pictures they do want, is unfair and unjust, therefore, be it Resolved, That we do hereby respectfully urge the passage of the Neely bill, by this session of Congress. In the name of decency and good morals we present this request. We hereby authorize the secretary of our association to sign this resolution, and forward same to the Interstate Commerce Committee. Sincerely, 41 Nixon Street, Dorchester, Boston, Mass. JOHN A. MCCLELLAND, Secretary. The CHAIRMAN. Sometimes we get so many resolutions that it becomes impractical to print them all in the record. In cases of that kind we usually summarize them, showing those which are sent in for and those against, but these you refer to may go in the record. Mr. ATKINSON. Thank you, Mr. Chairman. The CHAIRMAN. Thank you, Mr. Atkinson. STATEMENT OF MRS. MARY R. CARVER, 3232 PARK PLACE NW., WASHINGTON, D. C., REPRESENTING THE COUNCIL OF WOMEN FOR HOME MISSIONS The CHAIRMAN. Mrs. Carver. Mrs. CARVER. Mr. Chairman, my name is Mary R. Carver, 3232 Park Place NW., Washington, D. C., and I represent the Council of Women for Home Missions. For several years the Council of Women for Home Missions has been registering its support of the Neely bill, S. 280, to prevent compulsory block-booking and blind selling of motion pictures. It wishes to again express its conviction that this legislation is needed. The Council of Women for Home Missions is a national organization representing 23 national home-mission boards and has in its constituency at least 5,000,000 women. There are several reasons for our keep concern for the passage of such legislation. First, because of its importance to children who are, naturally, a chief concern of the women of this country. Moving pictures are important in their educational effect for good or ill and the mothers of any community should have more choice than is possible under the present system, as to the kind of pictures their children see. Second, the Christian women of America work to create the spirit of good will among the peoples of various races in our own country and between nations. When pictures are shown which do not encourage such a spirit but tend to create misunderstanding, it should be possible to register disapproval with some hope of having effect, as is not the case under the present system. Third, the present system is fundamentally undemocratic. For one group in any industry to be able to so nearly dictate the policies of the whole industry, as is true with motion pictures, the ideals of democracy which we still claim to cherish in the United States are undermined. The CHAIRMAN. Thank you, Mrs. Carver. Mrs. CARVER. Thank you. STATEMENT OF MRS. ELIZABETH ST. JOHN, REPRESENTING THE HAWAII CONGRESS OF PARENTS AND TEACHERS, HONOLULU, HAWAII The CHAIRMAN. Mrs. St. John. Mrs. ST. JOHN. Mr. Chairman, I am Mrs. Elizabeth St. John from Hawaii. I represent the Parent-Teachers Association of Hawaii, as chairman of the legislative committee. Hawaii lies 21 degrees north of the Equator, 2,000 miles from the west coast of the United States, and the opportunity for music and regular drama are limited as compared to the mainland, thus the moving-picture films become unusually important as the education. and recreational outlets. While many films have come to Hawaii that are satisfactory, yet under the present system of block-booking many films have arrived which the parents do not care for. The result was that the Hawaii Congress of Parents and Teachers consulted the managers of the motion-picture houses. Every manager interviewed tried to cooperate, but the block-booking and blindselling system does not allow nearly enough freedom for communities who wish to have a part in choosing their films. The dissatisfaction in Hawaii over the block-booking and blendselling system is general. So far in the parents' and teachers' investigation of this subject we have found no one in the Territory who desires to retain the present system; no one who does not favor the Neely bill, S. 280, which passed the Senate in July 1939. Our parent-teachers association membership is over 15,000. The legislative committee studies the text of all bills, and works with the legislative chairmen of individual schools. The Hawaii Congress of Parents and Teachers never endorses as its policy any measure which is not backed by 51 percent or more of the local units. An actual trial of synopsis in the Territory of Hawaii has been tried. When the Parent-Teachers Association of Hawaii found that block-booking could not be changed, a monthly bulletin was issued by our motion-picture chairman working with the parents and teachers and with the moving-picture-theater managers. This bulletin rated the films as excellent, or good, or fair, or poor; and also as suitable for adults, children, or the family. Since the Parent-Teachers Association works on a very slender budget, there came a time when for financial reasons the monthly synopsis of films was dropped. Instantly such a protest was heard from our members that steps were taken to restore this bulletin. The Hawaii Congress of Parents and Teachers realizes that movingpicture films are tremendously important in the Territory. The Hawaii Congress of Parents and Teachers is dissatisfied with the present system of block-booking and blind selling. The Hawaii Congress of Parents and Teachers supports the Neely bill, because this bill will allow us community freedom in the selection of motion pictures. I have here a resolution adopted by the Hawaii Congress of Parents and Teachers which I will read if you wish, or merely submit to the reporter. The CHAIRMAN. What was that document? I did not quite hear what you said. Mrs. ST. JOHN. A resolution of the Hawaii Congress of Parents and Teachers. The CHAIRMAN. Is it a brief article? Mrs. ST. JOHN. Reasonably. The CHAIRMAN. That may be inserted in the record. Mrs. ST. JOHN. May I simply submit it for the record? The CHAIRMAN. Yes. Mrs. ST. JOHN. That is all I have, Mr. Chairman. The CHAIRMAN. All right; we thank you, Mrs. St. John. (The resolution referred to is as follows:) RESOLUTION Whereas the Neely bill (S. 280) passed the Senate last July by a record vote of 46 to 28, representing the greatest forward step yet taken toward the attainment of community freedom in the selection of motion pictures; and Whereas the Hawaii Congress of Parents and Teachers endorses such a measure for the protection of children and youth in the Territory from the evil effects of bad pictures; and Whereas this bill is now before the House Committee on Interstate and Foreign Commerce: Now, Therefore, be it Resolved by the board of managers of the Hawaii Congress of Parents and Teachers, That this organization present its endorsement of this measure to abolish blockbooking and blind selling of motion pictures; and be it further Resolved, That our Delegate to Congress be informed of our action and that he be requested to transmit to the House of Representatives the desire of the Hawaii Congress of Parents and Teachers that this bill be passed in the same form in which it passed the Senate; and be it further Resolved, That the secretary of the Hawaii Congress be instructed to send this resolution to the Honorable Samuel Wilder King, Delegate to Congress from Hawaii. JANUARY 10, 1940. (Mrs.) ELIZABETH TUTTLE, Recording Secretary. STATEMENT OF MRS. HOWARD S. SHEPARD, SHREWSBURY, MASS., REPRESENTING THE WORCESTER BETTER FILMS COUNCIL The CHAIRMAN. Mrs. Shepard. Mrs. SHEPARD. Mr. Chairman, I am Mrs. Howard S. Shepard, of Shrewsbury, Mass., the official delegate from the Worcester Better Films Council. I have been the president of the council since its organization in 1931, and during these years have worked for better motion pictures. Each week I edit a movie digest which appears in two Worcester newspapers, evaluating the films to be shown during the coming week at the most frequented theaters, in respect to their suitability for the family-children from 8 years and up-for adults and young people from the age of 18. |