AGAINST PARAMOUNT

Waipa Post, Volume 43, Issue 3392, 24 December 1931, Page 7

AGAINST PARAMOUNT

THEODORE'S DREISER'S CASE

" AN AMERICAN TRAGEDY."

The Theodore Dreiser-Paramount controversy has come to an end. The issue was settled in the latter's favour recently, when Justice Graham Whitchief, in a New York County Supreme Court, denied an injunction restraining Paramount from releasing the picture, " An American Tragedy," and from using the title of the book, or the author's name in connection with it. Thus ended one of the strangest—perhaps the first of its kind—law suits in history. Dreiser had charged that Paramount, in making the motion picture, had misrepresented the basic ideas set forth in his twovolume novel. The " An American Tragedy " controversy, as it is known, came as the result of a most unusual clause inserted in the purchase contract for the book between the author and Paramount. It read: "TENTH: The Purchaser agrees before production of the first motion picture photoplay to be made pursuant hereto to submit to the Seller the manuscript intended to be used as a basis of or from which there may be adapted said motion picture photoplay for such comment, advice, suggestions or criticisms that the Seller may wish to make with respect thereto and to afford the Seller opportunity to discussing with the scenarist of such motion picture the manuscript thereof and the Purchased agrees it will use its best endeavours to accept such advice, suggestions and criticism that the Seller may make in so far as it may, in the judgment of the Purchaser, consistently do so."

It's long winded and involved, but it merely states that Dreiser was to be given the privilege of passing criticism on the adapted manuscript. Whether or not such suggestions and criticisms should be accepted, however, was left entirely to the discrimination of the producing company.

It was Dreiser's contention that his novel is an indictment of civilisation, whereas, the picture version absolves civilisation and depicts the main character, Clyde Griffiths, as an inexcusable murderer.

Eegarding his " ideographic plan " for the book, the author stated:

" It was to be a novel which was to set forth in three distinct social, as well as economical phases, the career of a boy very sensitive yet not too highly equipped mentally, who finds his life, in its opening phase, painfully hampered by poverty and a low social state and from which, because of his various inherent and motivating desires, he seeks to extricate himself. In his case, love and material comfort, as well as a foolish dream of social superiority, are his motivating forces." Dreiser held that the talking picture version suggests the wrong psychology. His specific objections were that the picture left out all the first part of his book, showing the development of the boy, Clyde Griffrfhs, and ended the story with the lad receiving the death sentence. The death house scenes had been omitted as " too drastic," although Drieser referred to their deeply moving psychological probing, and urged that they be left in. In seeking,the injunction to prevent Paramount Z. from releasing "An American Tragedy," Dreiser filed affidavits from a group of writers in" support of his claim. Paramount retaliated with an even larger list of well-known names including the following: ," i\ .:.'■ Peter B. Kyne, 6vsren Johnson, Corey Ford, George Palmer Pitman, Aheppard Butler, Kohrad B.ercovici, Mrs Wilson Woodrow, John|j|3J?lden, Robert Emmett MacAlarney,-jLpwell Brentano, Arthur B. James R. Quirk, Morris Greene, LewisvE. Genslor, George Sylvester, Veireck and Charles Brackett. -',;'< Peter B. Kyne, said;in his affidavit: "I think th 4. picture, is splendidly produced, has a;splendid cast and is splendidly acted and furnishes very excellent entertainment. I should feel that if 1.. had: written a story and had it reproduced in mo- ■ tion picture form, I would be content to have as good a production as . that, knowing what I do of the. neces-.; sities of ah hour and entertainment and certain footage .. ." Owen Johnson/ noyelist, ,stated: " ... I wish to say that,' having witnessed the performance , of, 'An American Tragedy,' it seems to,me to be an unusually sincere attempt to reproduce the vital qualities bf the novel, insofar as the,motion picture traditions and audience will permit . . . the photoplay, 'An American Tragedy' is vastly superior in its interpretation of the novel on which it is based, to any other motion picture production which it has been my «ood fortune to have seen." Corey Ford, author, declared: ' . . . and I find that photoplay i&. infinitely' : more entertaining and more, cpnyinci ing' than the book upon which it is based. I consider it a decided improvement in every vay ; upon Mr

Dreiser's effort, and congratulate Paramount on having turned what I consider a dull and uninteresting novel into a live, interesting and convincing photoplay." George Palmer Putman, publisher and author, said: "Mr Dreiser is lucky to have his well-known work so faithfully portrayed on the screen. To me it is better than the novel. It is a magnificent job—the drama and suspense and anguish is there—clear cut and gripping, and pleasantly freed from the welter of words which made the book so hard to read." Konrad Bercovici, author, said: "... while it is true that a number of things in the book 'An American Tragedy,' have not been reproduced on the screen as I have seen it, it is also true that those scenes that have been reproduced do not do any injustice to the book, and in all I think it is magnificent." Mrs Wilson Woodrow, author, stated: " ... I consider photoplay an admirable interpretation of the novel. Even had I not read the novel, I should consider the photoplay an absorbing and poignant drama . . . ' An American Tragedy' is an extremely dignified picture and in perfect taste, and a remarkable and outstanding achievement." Robert Emmett MacAlarney, executive editor of the Curtis Publishing Company and Managing Editor of the Ladies Home Journal, declared: ". . .

" It is more than adequate and effective, not only in dramatic power but in conserving the theme of the novel which Mr Dreiser has created. . . Mr Dreiser's novel does not suffer in film form. On the contrary, it achieves far more powerful shadings and it represents more effectively the morbid theme of his novel than he has suceeded in doing between book covers."

Lowell Brentano, publisher and playwright, had this to say: " I can see no reason for Mr Dreiser's reported dissatisfaction. On the contrary, I think he should congratulate himself and Paramount. I feel that the picture version, by reason of certain eliminations from the book, achieved a sharper emphasis and focus and consequently portrayed the sentiments the author sought to achieve in the book more successfully." Of the several affidavits from prominent writers submitted as evidence by Dreiser, all agreed that the pic-

ture reproduces the letter of the book but fails to represent its psychology and social implications and therefore misrepresent the book.

The case dragged on. Paramount had booked " An American Tragedy " for a world premiere at the Rivoli Theatre, New York. It appeared that such plans would have to be abandoned temporarily, at least. While the case was a purely legal one from the standpoint of the attorneys, a touch of the melodramatic was injected into the proceedings by Mr Dreiser, who could not restrain himself and shouted out in court:

"That's a lie," when Attorney Lynch stated that Mr Dreiser was after front page publicity. Equally diverting was the statement of Josef von Sternberg, director of the picture, that Dreiser was antiquated and that he needed no advice from mossback authors.

After nearly three weeks of legal bickering, the case came to a dramatic close. Justice Whitschief denied Dreiser's motion for an injunction and held that he was wrong on every point of his petition. In summing up, Justice Whitschief pointed out: " The book consists of about 640 pages, in two volumes, and about 336,000 words. The picture is necessarily designed to be shown in about 100 minutes. Whether the picture substantially presents the book or not, depends upon one point of view. The plaintiff appears to view the book from the standpoint of the fatalist. Clyde, he says, has the sympathy of the reader, because he came to a tragic end through the vicissitudes of life, most of them wholly beyond his control, and largely because of a psychology developed by his starved boyhood.

" The difficulty in picturing such a viewpoint of the book is apparent. That view depends upon the frame of mind of the individual, upon his outlook upon life, and whether a fatalist or a believer in the power of the individual to overcome weaknesses of character.

" The plaintiff claims that instead of an indictment of society, the picture is a justification of society and an indictment of Clyde Griffiths. Upon this principal question of fact, there is a difference of expert opinion^

" Under these circumstances it is clear that no injunction pendente lite should be granted."