Held in Studio
The hearing was held before Examiner John S. Biggs in the projection room of the Pickford-Fairbanks Studio. A "court set" was prepared for the occasion.
Mary Pickford was the first witness called by W.H. Fuller and H.A. Cox, attorneys for the Commission. Both Doug and Mary were sworn together by the Examiner as the proceedings opened. She appeared before the investigators with her makeup on, a bright scarlet scarf knotted about her famous curls. Her costume was covered by a Japanese kimono. Doug, who did not work on his film yesterday, wore a tweed suit and was collarless.
Under questioning by Attorney Fuller, Miss Pickford related her motion picture career and recounted the signing of a starring contract with Famous Players-Lasky Corporation in 1914. This concern is named as principal respondent in the Government's complaint against the film combine.
Suggested to Quit
"When I went with them," she stated. "It was with the guarantee that my pictures would be sold solely upon their merits and not marketed to exhibitors with a lot of other films they didn't want.
"For two years I constantly received complaints that exhibitors could not purchase my films alone. I complained to Mr. Zukor and he promised to remedy the matter, but nothing was done," she continued. "I again went to him and told him that I would walk out unless he lived up to the stipulation in my contract."
"We compromised and I'was given my own company with the Artcraft Pictures. But the same thing happened all over again. I wanted to make less pictures and spend more money on them to produce bigger and better films that would have to be sold on their own merits. Finally conditions grew worse instead of better and I was compelled to resign from the company. I simply could not get them to sell my pictures as we had agreed.
"When Mr. Zukor found out that I was actually leaving him," Miss Pickford declared, "he said to me 'Why don't you retire? I will give you $250,000 if you will quit the screen!'"
Denounces System
"Did he give you any reason why he made the offer," asked Attorney Fuller.
"He did not,"' Mary answered. "He gave me no reason."
On questioning regarding her work with the United Artists Company, of which she, Doug, Charlie Chaplin and D.W. Griffith are copartners, Miss Pickford launched into a bitter denunciation of the "block booking" system.
This, it was explained, is the method of marketing films in large quantities to keep the exhibitor supplied for so long a period that his theater is not open for independent bookings for many months. It is this system, she said, which "crowds out" chances of selling films of individual merit.
"Block bookings will sound the death-knell of the motion picture industry," she testified. "If this practice is kept up I will retire from business if conditions become any worse than they are now!"
Squeezed Out
In many cases, she said, it is impossible for independent producers to obtain showings for their films in the "key cities," upon which they depend for the greater part of their profits. Los Angeles, it had been previously shown, was the "key city" of Southern California.
"I have experienced great difficulty in selling my pictures in certain cities throughout the United States," Mary continued. "The theaters buy supplies months ahead and there has been no room for our pictures. Producers who own their own theaters naturally put their own films in them.
"Many times our films have been forced into cheaper houses. One place we were forced to exhibit a film in a schoolhouse because of the lack of theaters open to bookings." She named Philadelphia, New Orleans, Canada as the principal sources of difficulty which she said caused her to worry and expend a great amount of energy which she should be properly putting into her productions.
Before Miss Pickford was excused from the witness stand, Robert T. Swaine, counsel for the Famous Players-Lasky Corporation asked her to produce the books showing the earnings of her company.
Calls for Books
Objection was immediately entered by Government counsel on the ground that it was unfair to allow other companies to examine the books of her concern.
The question was settled by Examiner Biggs who ruled that she must produce the books before the commission when she visits New York in the near future. The data contained in the books, it was stated, will not be made public until the commission passes final decision as to their application to the record in these hearings.
When Mary left the stand, all the members of the hearing arose and bowed as she passed from the room and returned to a nearby set where a corps of actors awaited her appearance.
Fairbanks followed Mary on the stand and told the investigators that he had been engaged in the motion picture industry for eight years, prior to which he had been an "actor, studied law, was in Wall street, and in the hardware business."
Doug's Plight
He testified that he joined the Artcraft Company at the same time that Miss Pickford began her own productions. The same difficulty in the sale of his pictures was experienced, he said.
"Why do you make such big pictures now?" he was asked.
I do it to please the public who demand better productions," he answered.
"However," he continued. "I am awaiting the outcome of this inquiry before I do anything on my next picture! The Thief of Bagdad, upon which I am working now, will cost $2,000,000 without direct assurance that there will be one cent's return or getting any part of it back. Because of conditions as they now exist, I am at the mercy of the combination."
"What combination?" asked the Famous Players' counsel.
"All you fellows who are 'block bookers' and control the theaters," retorted Fairbanks.
With the close of the Pickford-Fairbanks testimony, the hearing officially adjourned until January when they will open at Jacksonville, Fla.
"Mary, Doug on Stand in Federal Hearing," Los Angeles Examiner, November 11, 1923.
© 1997, David Pierce, on editing and revisions (if any)
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