The Evening Star (October 20, 1947)
Warner names 16 screen writers fired by studio as ‘un-American’ as House probe of films opens
Ring Lardner Jr., Odets, Lavery and Trumbo on List
The names of 16 screen writers dismissed by Warner Bros. studios as “un-American” were disclosed today as the House Committee on Un-American Activities got off to a stormy start in its inquiry into Communist influence in Hollywood.
The names were contained in secret testimony of Jack L. Warner before the committee last May in California. They were made public for the first time today when Mr. Warner took the witness stand.
Nine of the 16 already have been subpoenaed by the committee. They were among 19 Hollywood personalities who tried unsuccessfully through their attorneys, to have their subpoenas to appear quashed at the start of the hearing today. This maneuver failed after a sharp exchange between Chairman Thomas and their lawyers.
A capacity crowd in the old House Office Building caucus room sat on the edge of their chairs for the exchange between Robert W. Kenny, one of the battery of attorneys for the 19, and Chairman Thomas.
Mr. Thomas agreed to accept a brief in support of the motion to quash the subpoenas and halt the investigation but he refused to hear any argument.
List of men fired is read
Mr. Warner, in his Hollywood testimony, which he heard read today, estimated that 95 per cent of the communism in Hollywood was among the writers.
The names of the men he said he fired, as read aloud by Committee Counsel Robert E. Stripling, included: Ring Lardner Jr., Clifford Odets, Emmett Lavery, Dalton Trumbo, Alvah Bessie, Gordon Kahn, Guy Endore, Howard Koch, John Howard Lawson, Albert Maltz, Robert Rossen, Irwin Shaw, John Wexley, Julius and Philip Epstein and Sheridan Gibney.
Mr. Warner said he didn’t know whether they were Communists but “I could tell from what they were putting in their scripts they were un-Americans.”
Firing denied by Kenny
In defense of his clients, Mr. Kenny told reporters, after the morning session, that it was “absolutely untrue” that the men named by Mr. Warner were fired from the studio. He said the majority of the writers named by Mr. Warner have been offered jobs at Warner Bros. “time and time again” and have turned them down.
Every seat was taken in the high-ceilinged old room, which accommodated approximately 400 spectators. Half a dozen newsreel cameras were trained on the witnesses and still photographers, more than 30 strong, had to be warned by Mr. Thomas not to block the view of spectators as they massed beside the witnesses.
Paul V. McNutt, former ambassador to the Philippines, appeared as an attorney for Mr. Warner and was an easily identifiable figure in the crowded room.
At the end of the morning session, Mr. Thomas announced that Adolph Menjou, Jack Moffet and Ayn Rand will face the committee tomorrow.
Corrects testimony on Davies
During his appearance Mr. Warner told the committee he wanted to correct a portion of his Hollywood testimony, referring to the circumstances under which his company decided to produce “Mission to Moscow.”
He declared he was in error when he indicated the suggestion might have been made by Joseph E. Davies, former ambassador to Russia, and author of the book on which the film was based.
“My brother contacted Mr. Davies after reading ‘Mission to Moscow,’” Mr. Warner declared.
He explained the picture was produced “to aid the war effort.”
Asked by Mr. Stripling whether he considered the film “factually correct” Mr. Warner replied he never was in Russia and could not say, but had considered it accurate at the time, insofar as Mr. Davies’ book was correct.
Mr. Stripling then read excerpts from “The Curtain Rises,” a book by Quentin Reynolds, describing the picture as living portrayed “a Russia that none of us had ever seen.”
Quizzed on trade body
Mr. Thomas asked whether Mr. Warner though any sponsors of an obviously subversive film would be “foolish” enough to try to get it produced.
“It would not only be foolish, it would be impossible in the motion picture industry in Hollywood or any place else,” the witness replied.
Rep. Vail, R-Illinois, then took up the questioning to suggest that the producers association could be an “excellent medium for the exchange of information” concerning persons known to be subversive who were seeking employment in the industry.
“That sounds rather logical, but it doesn’t hold water,” Mr. Warner commented, adding that legislation would be necessary before the trade organization would dare engage in such activity.
After explaining resolutions outlawing communism being considered by the committee, Mr. Thomas inquired whether Mr. Warner would be in favor of their enactment. Mr. Warner said he would, “providing it did not take away the rights of a free citizen and a good American to make a livelihood.”
Favors Communist ban
Pressed for his views on legally banning the Communist Party, Mr. Warner said he would be in favor of “making it an illegal organization.”
The testimony then turned to “Mission to Moscow,” with Mr. Stripling beginning to read the Los Angeles transcript. Mr. Warner made his correction when Mr. Stripling read this exchange:
Q. Were you asked to make “Mission to Moscow”?
A. I would say we were, to a degree. You can put it in one form or another.
Mr. Warner called attention to a later portion of that testimony in which he stated he was not sure whether the first overture was made to or by Mr. Davies. Then he testified to having checked on the situation and finding it was his brother, Harry Warner, who had approached Mr. Davies after reading the book.
“I’m rather surprised I said what I said, but I want to correct it,” he declared.
Reynolds at press table
Mr. Reynolds was sitting at a nearby press table when Mr. Stripling began reading the excerpts from his book, “The Curtain Rises,” written in 1944.
“It’s the first time I’ve ever known that Mr. Reynolds had been in Russia or had written a book,” Mr. Warner said when Mr. Stripling asked what he had to say of its disparagement of the film.
After Mr. Warner had pointed out he was not qualified to appraise the picture’s accuracy, because he had not been in Russia, Mr. Stripling asked if he did not feel he was on “factually dangerous ground” in making the production.
Mr. Warner replied he did not consider that to be the case, considering the war situation and added:
“When you’re in a fight, you don’t ask who the fellow is who’s helping you.” Mr. Stripling persisted, asking if Mr. Warner could defend a picture “which is a fraud in fact.”
The witness answered there could be “inaccuracies” in anything, but reiterated his company regarded the film as a national service.
Writers’ pictures praised
At one point, Mr. McNutt leaned toward Mr. Warner as if to whisper something, and Mr. Thomas rapped the handle of his gavel gently on the desk.
The hearing recessed for luncheon at the end of Mr. Warner’s testimony, and Mr. Thomas announced it would take the break from 12:30 to 2 p.m. each day and would halt testimony at 4 p.m. each afternoon.
Mr. Kenny, who made another unsuccessful effort to address the chair after the morning session, then turned his attention to newspapermen.
He said he could prove that Mr. Koch had to pay $10,000 for release from his contract with Warner Bros. Mr. Kenny also stressed that Mr. Rossen, “so strongly condemned by Warner,” is the only writer in Hollywood who has three pictures re-issued by Warner Bros. in 1947. He said he referred to “Marked Woman,” “Sea Wolf” and “Dust Be My Destiny.”
Another lawyer for the 19 men, Charles Katz, said the pictures Mr. Warner praised most and the writers he condemned most were “Pride of the Marines,” written by Mr. Maltz; “Action in the North Atlantic,” written by Mr. Lawson, and “Confessions of a Nazi Spy,” written by Mr. Wexley.
Mr. Katz said Mr. Trumbo was asked by Warner Bros. in 1936 to quit the Screen Writers Guild. Rather than quit the union, Mr. Katz said, Mr. Trumbo tore up his contract.
Within the last two years, Mr. Katz added, Mr. Trumbo was asked by Warners to write “Treasure of the Sierra Madres,” but was too busy working on “Thirty Seconds Over Tokyo.”
Mr. McNutt also had something to say after the morning session. Speaking for the producers, Mr. McNutt told reporters the producers are responsible for what appears on the screen and “there has been no indication of propaganda in pictures.”
As the morning session began, Mr. Kenny and Bartley C. Crum, another member of the legal stall for the 19 film industry figures who sought to have the subpoenas quashed, started their move. Mr. Thomas had finished reading his opening statement, which explained the reason for the investigation and which included the declaration, “there is no question that there are Communists in Hollywood.”
After identifying himself as an attorney for the 19 and recalling he had filed a telegram with the committee asking the subpoenas be quashed, Mr. Kenny said he thought “the most orderly way” to begin the investigation would be to dispose of the motion. Chairman Thomas interrupted him to ask his name. Mr. Kenny gave it and introduced Mr. Crum.
Mr. Thomas told Mr. Kenny his witnesses would not be called till next week, next Monday at the earliest. He said the brief would be received and taken under advisement.
Mr. Kenny attempted to pursue the matter, but Mr. Thomas rapping his gavel, said:
“You can discuss the matter further when you present your witnesses.”
Hearing begins promptly
Mr. Kenny again began to speak.
Mr. Thomas, displaying irritation, then explained that the committee had established “certain procedure” and commented:
“You, as former attorney general in the State of California, should know the necessity for preserving that procedure.”
For a third time Mr. Kenny tried to continue, beginning, “May I just ask–”
“You may not ask one more thing at this time,” Mr. Thomas stated firmly. “But please be seated.”
Mr. Thomas’ opening statement contained his expression of the committee’s convictions that some Communist elements were at work in the film capital, but emphasized it was not felt the majority of the industry had been affected by their efforts.
“We want to know,” Mr. Thomas continued, “What strategic positions in the industry have been captured by these elements whose loyalty is pledged in word, and deed to the interests of a foreign power.”
From preliminary investigations, Mr. Thomas said, the committee has learned that Communists have had “considerable success” in wedging into the motion picture industry. But that, he added, is no cause for condemnation of the entire industry.
“With such vast influence over the lives of American citizens as the motion picture industry exerts,” he continued, “it is not unnatural in fact it is very logical, that subversive and undemocratic forces should attempt to use this medium for un-American purposes.”
A total of 40 witnesses have been called by the committee, but the lawyers for only 19 of these witnesses were involved in the attack on the subpoenas.
McNutt request rejected
When Mr. Warner took the stand, he was accompanied by Mr. McNutt, who told the committee he represented the Motion Picture Association of America and the Association of Motion Picture Producers.
Mr. Thomas asked him if he represented in any way the 19 involved in the subpoena quashing move.
“I do not,” replied Mr. McNutt.
Mr. Thomas then told him he would be permitted to advise his clients only on questions of constitutional right.
Mr. McNutt asked for permission to cross-examine witnesses. Mr. Thomas replied that was counter to the policy of the committee, and “you are no different from any other attorneys who have appeared this year.”
Mr. Warner, after answering routine questions, asked permission to read a statement when Mr. Stripling asked him: “Since you have been in Hollywood, has there ever been a period when Communists infiltrated Hollywood?”
Suggests ‘test-removal fund’
In his statement, Mr. Warner declared his “firm belief” that no Warner Bros. picture “can be fairly judged to be hostile to our country or communistic in tone or purpose.”
He said he and his brothers would be “happy to subscribe generously to a pest-removal fund” to ship to Russia “people who don’t like our American system of government and prefer the communistic system to ours.”
He recalled that in his Hollywood testimony he stated that “certain people whom we let go” were subsequently hired by other studios, but he emphasized that “the producers who hired the men we discharged are good Americans.”
When Mr. Warner finished his statement, Mr. Stripling repeated his question about Communist infiltration in Hollywood.
“I have never seen a Communist and I wouldn’t know one if I saw him,” Mr. Warner replied.
Group of pictures named
Then Mr. Stripling started reading from Mr. Warner’s testimony before the committee in Hollywood. Several times, Mr. Warner interrupted to change the word “Communist” to “un-American.” Mr. Thomas observed there was little difference if the person is Communist or Fascist as long as he is un-American.
Mr. Warner said some of the writers he named had worked for eight or 10 months on a picture sometimes and had not produced anything.
Mr. Warner was then asked to name the pictures in which these writers attempted to inject Communist propaganda. The list follows:
- Mr. Bessie – “The Very Thought of You.”
- Mr. Kahn – “Her Kind of Man.”
- Mr. Koch – “In Our Time.”
- Mr. Lardner – “The Kokomo Kid,” but Mr. Warner said he didn’t put any message into that.
- Mr. Lawson – “Action in the North Atlantic.”
- Mr. Maltz – “Pride of the Marines.”
- Mr. Rosen – “They Won’t Forget” and “Dust Be My Destiny.”
Hollywood celebrities protest
Meanwhile, a telegram of protest from a group of Hollywood celebrities not under subpoena was released.
The message read:
“We the undersigned, as American citizens who believe in constitutional democratic government, are shocked and outraged by the continuing attempts of the House Committee on Un-American Activities to smear the motion picture industry.
“We hold that these hearings are undemocratic because:
“1. Any investigation into the political beliefs of the individual is contrary to the basic principles of our democracy.
“2. Any attempt to curb the freedom of expression and to set arbitrary standards of Americanism is in itself disloyal to both the spirit and the letter of our Constitution.”
The signers were listed as Paulette Goddard, Henry Fonda, Gregory Peck, Van Heflin, Myrna Loy, Katherine Hepburn, Burgess Meredith, Ava Gardner, Dorothy McGuire, Eddie Cantor, Norman Corwin, Cornel Wilde, Marsha Hunt, Paul Henreid, Barry Sullivan, Sheppard Strudwick, William Wyler, Anatole Litvak, Jerry Wald, Norman Krasna, John Huston, Philip Dunne, Doris Nolan, Sheridan Gibney, Richard Conte, Julius Epstein, John Houseman, Collier Young.
Court test threatened
Disclosure of the legal maneuver to quash the subpoenas came first at a press conference yesterday, presided over by Mr. Kenny, who with Mr. Crum, Martin Popper of Washington, Ben Margolis and Charles Katz of Los Angeles and Samuel Rosenwein of New York are attorneys for the 19 who attacked the subpoenas. Mr. Kenny said he would take the demand to court if he failed before the committee.
The 19 movie men protesting the subpoenas are Larry Parks, who starred in “The Jolson Story,” and these writers, producers and directors: Lewis Milestone, Dalton Trumbo, Albert Maltz, Edward Dmytryk, Adrian Scott, John Howard Lawson, Ring Lardner Jr., Alvah Bessie, Herbert Biberman, Berthold Brecht, Lester Cole, Richard Collis, Gordon Kahn, Howard Koch, Samuel Ornitz, Irving Pichel, Robert Rossen and Waldo Salt.
Parks among early arrivals
Mr. Parks and 18 other witnesses represented by Mr. Kenny and his associates were among the early arrivals at the hearing.
Despite the Hollywood reputation for colorful clothes, this group looked like so many businessmen in conservative sack suits. Mr. Parks was dressed in a plaid jacket and light gray trousers. He chewed gum, appearing interested but unperturbed.
Beside him in the front row of spectator seats sat Mr. Pichel, former actor, now a director. He wore a dark gray sack suit. Beyond the two of them sat a battery of lawyers.
A squad of policemen and, reportedly, some Secret Service men were on hand to keep order. At the start, their job was not too difficult since crowds did not begin to form until after 9 a.m.
First to arrive was a woman lawyer from California, who said she reached the scene at 8 a.m. She said she knew none of the witnesses but had come to Washington “because of the principles involved.”
“It’s going to be on inquisition,” she declared.