T
THE HONGKONG TELEGRAPH. WEDNESDAY, NOVEMBER 11, 1936.
FILM CONTRACT 'LIFE SENTENCE, SAYS K.C.
...
Bette Davis Would Have to Play
In Chorus, If Told To
-Sir William Jowitt
KORDA ON "SALE"
OR HIRE OF STARS
Toeplitz Denies Bribery Allegation
66. A
LIFE sentence" was how Sir William Jewitt, K.C., described in the King's Bench Division recently a contract between Miss Bette Davis, 28-year-old film actress, and Warner Brothers Pictures Inc., who seek an injunction to restrain her from appearing on the stage or in any film without their consent during the currency of the contract.
"If a producer chose to order her to play in the chorus shej was bound to do it," declared Sir William. "She could be sent to Timbuctoo or Saskatchewan or wherever the producer liked."
It was alleged at the previous hearing that Ming Davis had no ground for repudiating the contract and the suggestion was put for- ward that she desired to do so merely because she had been offered a large salary by another producre.
In answer, Mins Davis maintained that the company had broken the contract by requiring her to do unreasonable things. It was also contended that the court would not enforce a prohibitive clause to! A contract of that description.
OBJECTION BY MR.
TOEPLITZ'S COUNSEL
"We discussed the lending of the serviers of Miss Bette Davis for the roir of Elizabeth in Mary Queen of Scots, which your studio subre quently refused to permit."
-Principals-
In The "Gast"' I'laintiffs: Warner Broilers Pictures, Inc. famous Ameri- Counsel
тап
film producers.
are: Nir Patrick Hastings, K.C.. Mr. Norman Birkett, K.O.. and Mr. F. Gabon.
Defendant: Blonde, blue-eyed Alloy, Stette Davis, Hollywood star. Launsri: HIT walitam Nawitt. R.C., and Mr. J. 1 5. Fall
Interestest parties are repre- sented by Mr. G. Gardiner and Mr. 11, J. Brown.
does me good, makes me do better
work. Once in a while a part comin long peculiarly suited to me and I want to feel that, when such a chaner comes, i am at liberty to take the Fart.'
"She says: I am willing to take lees money so long as you give me my [rights,"
"do not want it to go forth." Shr William added, " that this young lady Is a mere money-grabber,
"Su Patrick Hastings does not set-
le dram- the argument as i do. aflently talked about 'slavery, and it has been said she was called upon to endure 'slavery at £000 a week, Tint is not quite right, beenuse that £800 a week would not come until some years have passed,
"The question is whether a person of superior authority con force artists Before further evidence was called: Mr. Gerald Gardiner said: " appear!
Mr. Korda said it was not uncom-to work. They may be threatened for persons who are not parties to the case, but against whom a criminal man for an artist to resent such a with punishments if they do not work, refusel. If an artist became tired or put in much circumstances of dim- charge was made in the course of through acting too long under the hot culty that, if they don't work, they yesterday's proceedings and which, it would not be possible to get received n wide abillenty In t Press.
"The persons concerned are an English company, Toeplitz. I'roduc. tions, Limited, and is managing, director, Mr. Toupi.tz.the elurre being one of bribery.
"Can I merely point out that there has been no evkicner as yet?"
Sir Patrick Hustings sarggested that il the evidence lud aut yet been heard and Mr. Justice Branson ub
starve.
satisfactory photographis and, unless "Thru comes the question whether there were very unusual elreum-tant is not slavery, A well-known stances, he did not think the producer judite has said that the court will be
turns contracts wett ingest on her going on,
careful lest it service into contracts of slavery. "GILDED BARS
MR. TOEPLITZ'
AFFIDAVIT
OF SLAVERY**
of
Miss Jean Batten, whose recent flights have gained her the
admiration of the entire world.
Gypsy's Chant Over Wife's Ashes
"Bringing Her Back to Life"
(By A Special Correspondent)
Simonsbath, Nov. 10.
"That is how the term 'slavery" ON
real that the
24270%
and I suggest
I found the man, Sim
Nowlan member of a Romany tribe, sitting alone beside three small heaps of
in ashes which he said were the remains He was chanting of his young wife. slowly in high-pitched tones, oc- casionally stirring the ashes with the first finger of his left hand. Looking up angrily he told me to go away. But later he told me his story.
a lonely Exmoor hillside a few miles from here I have St Patrick Hastings also read a letter from Miss Davis' solleitors essence of slavery is not that it is no just watched a man who told me because the bars are he was trying to bring back to stating that she entirely repudiated less slavery
who died there. the contract with the plaintiffs and alleled but because some superior life his wife,
to served: “There has been no evidence: that, in the opinion of the solicitors, authority, anys; "You have got
continue to work under the contract exactly a year ago. Except the evidence of the mauging. It was unenforceabile in lase. director of the plaintiff compony, who It was also stated that the company -
Dealing with Miss Davis's contract, didn't speak to that matter at all."
had not allowed Miss Davin to appear; Str. Willam said that it was for a Sir Patrick Hastings for Warner, in a picture siner last December; had year, with un option of yearly exten- Brothers) raid he wished to put in pale hes me salary siner March and slon until 1912. It had clauses deal cheques showing payments made to that she had been advised that she int with illness and fire at the studio, Miss Davis this year-frum Jan. 4 tlown wh free to water into any other?
There was an "extension" clause to June 18,
entret.
by which the period could be extend- An abavit by Mr. Toeplitz rated! ed for a time equivalent to that in
which an artist wus il. Sept, 11 was read
Supposing he said, Miss Davis "My company has arranged for i
A notice could be the production of a film tentatively, "walked out." entitled '11 Take the Low Rout given, the effect of which was that in which the defendant is by far the the producer could refuse to pay the most important performer to be artist any compensation and would Atried immediately.....
Ive the right to extend the terms of the agreement, and all its provisions, "Before making arrangements for a period equivalent to that during my company has made inquiries as which her failure. refusal or neglect to defendant relations with the continued. plaintiffs in this action and were
The producer also had the right! informed that the defendant had¦ been advised by her lawyers in to continue the suspension und refuse U.S.A. that she was free to accept to pay any compensation for a period
equivalent to the period of suspen-; employment.
slon.
Mr. Alexander Kordo, the film pro- ducer, then HVC evidence and, answering Mr. Norman Birkett, R.C. (also for Warner Brothers), said if # film star "walked out" in the course of making a picture, the loss was con. siderable.
Mr. Korda muid it--wits-etistomary for Bim stars to have long-term con- tracts.
Mr. Birkett: 'Take a production like! "Romeo and Juliet"; fr Juliet "walks i out" Is it possible to continue the picture exactly where she "walks
out" or have you to start it all over again? We have to start all over
again.
Mr.
Under cross-examination, Korda said Bat nobody was indispen- sable in the film industry. There were distinguished artists who were! free from long-term engagements; they made their own arrangements for particular films, were very well known and very few.
If Alms had been completed at a great cost and a well-known star de- clined to perform in a new film, theị company might have to get one of the free stars for new films.
"On the faith of that, my com-)
"Let us suppose," said Sir William, pany made extensive preparations | on the film. It would be impossi-this lady, having gone away in ble to secure an adequate substitute breach of her contract in June, de- for the defendant, except after such cides: I will not work for anyone a deny as would necessitale the else, but will wait until 1942, and cancelling of the existing arrange then I shall be free to exercise my ments, involving a loss of £38,502, art once again." though every possible effort has been made to find a comparable
"Not at all.
She will not have eaten up any of the time, because the period, let alone the extended period, will never have come to an end,
artist free to take the part.' Sir William Jowiti. Infiniated that! he did not intend to cuil any evidence COULD BE for the defence.
ONLY MOTIVE
But sometimes the material would MONEY NOT be of no use because it would have been prepared for the particular |
i
therefore."
The services
"NOON TILL NOON"
*My people say that after 12 months, If one tales out of the ground the ashes of the dead one, he or she will come back to life. They told me I must make three parts of all that is left of her, and ask her to come again to me. I must do this with my hand. must sit here from noon until noon, and then she would be here."
E RADIO BROADCAST
Service of Remembrance From London
BRAHMS' REQUIEM
Radio Programme Broadcast by Z.B.W. on a Wavelength of 353 metres (845 k.c's), 34.20 metres (8,750 k.c's), 19.75 metres (15.19 mega- cycles).
10.50 a.m. A Relay of the Service of Itemembrance from the llongkong Cenotaph. A short descriptive com mentary by K. Stuart-Smith.
11.10 a.m. Close Down. 12.30 p.m. A Concert.
nt . M.
1 p.m. Time and Weather, 1.03 p.m. The Rand Grenadier Guards,
1.30 p.m. Reuter Press, Rugby Weather, Time and Announce-
1.45 p.m. A Planoforte Recital by Alfred Cortot.
2 p.m. The J. H. Squire Celeste Octet.
2.15 p.m. Close Down. 3.50-5.30 p.m. (approx). A Run- Blog Commentary on the Charity Football Match between the Com- bined Services v. Rest of Colony (under the
of the Hongkong misplees Football Association). Kick off by C. G. Sedgwick. Music by The Band of The 1st En. The Rear Admiral
Relayed from Royal Uster Rifles. the Hongkong Football Club Ground, Proceeds to Earlilaig's
Fund 5.20-6.20 p.m. Chinese Programme. 6.30 p.m. London-A Descriptive Talk from Whitehall, London.
6.25 p.m.
A Service of Remem- Many gypsies did as he was doing. brance from the Cenotaph, White- hall, London. Brief descriptions of he said.
the scene by Major J. B. S. Bourne- May. The Combined Bands of the
At 11 a.m. Brigade of Guards.
For the Silence. thought and prayer during the Silence: In remembrance of those who made the great sacrifice, O God, make us better men and women, and give us peace in our time."
I
As I left three hours after noon Nowlan shook his fist at me shout- ing that I had kept his wife from returning to him.
could not engage in any other occupa- lon, whether for love er for money. The contract gave the producer the exclusive right to photograph her op- pearances at places of all and any kind.
"That means that she ought not to. allow her husband to take a snapshot of her in the back garden because that is an appearance of a kind," declared Sir William, who added that he was not suggesting that the plain- tills ever contemplated that they had pose that they would use them.
The Last Post
A Short Service, conducted by the Rt. Rev. and Rt. Hon. the Lord Bishop of London. Hymn, O God our Help in Ages Past (First four verses and last). Collect. The Lord's Proyer. Blessing.
7.30 p.m. Grand Opera. "Die Meistersinger von Nurnberg" (Wagner)-Jerumi Jerum! (Schus terlied); Verachtet mir die Meister nicht..
...Rudolf Bockelmann (Bass- Baritone): "Lohengrin" (Wagner) Elsa's Dream; "Tannhauser" (Wag- ner)-Elisabeth's Greeting....
Elisa- beth Rethberg (Soprano); "Carmen" (Bizet)-Captain, it seems two girls had a sharp quarrel....Besanzent (Mezzo-Soprano), Pauli (Tenor) Spada (Bass); "Carmen" (Bizet)-- And now, now let me read my fate! Besanzon! (Mezzo-Soprano),
and Ferrari (Soprano)
Beltacchi "Carmen" (Bizet)--The (Soprano); Flower you Flung to me....Fernand Ansseau (Tenor).
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"Sing Baby Sing"
BO10082 WHEN DID YOU LEAVE HEAVEN .... „Victor Young and Orch. B010100 WIIEN DID YOU LEAVE HEAVEN
BC10009 DID I REMEMBER
"Suxy"
.Frances Langford.
"Rhythm On The Rango"
"Hearts Divided"
BC10101. TWO HEARTS' DIVIDED
MY KINGDOM FOR A KISS
B010093 BC10098
"Swing Time"
...Dick Powell.
...Bing Crosby,
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....Ted Foi Kita and Band. THE WAY YOU LOOK TO-NIGHT............Jenry, King and Orch. -A' FINE ROMANCE.
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SENT TO TIMBUCTOO
The Reveille. God Save The King. "Unless and until she carries out
7.15 p.m. The London Symphony her contractual relation, the period
BC10083 EMPTY BADDLES "I am the last person in the world of time which this bar is to last never
Orchestra.
(Rimsky- "Ivan The Terrible" artist. I would be a matter of conto stand up for her or anyone els..comes lá an end-it in a life sentence, got those powers; nor did, he cup-
ROUND-UP LULLABY. siderable expense to engage the free and to brush to one side as a light]
"The Snow B010684 I'M AN OLD COW HAND Koraakey) Storm Music; stars.
I CAN'T ESCAPE FROM YOU. Maiden" (Rimsky-Korsakov)--Dance matter a breach of contrael in this į Regarding the place of perform- If the producer chose to order her of the Tumblers: "Le Roi S'Amuse" "SELLING"
case or any other" said Sir Willlum.ance, Sir William said Mics Davis to play in the chorus, she was (Delibes)-Passepled; Pavane. FILM STARS
could be sent to Timbuctoo, or bound to do it. There were penafiles "I can put on one side the dramatic Saskatchewan, or wherever the pro- for absence, Mr. Korda added that he had con- suggestion by Sir Patrick Hastings ducer liked. tracts enabling him to transfer and that all Miss Davis wanted Was i
"It is a contract which could only lease the services of artists: such a mancy.
she had to render be rendered tolerable and bearable were to act on the Alms, on the by any human being If the persons thing was not uncommon.
"He tus portrayed her as a young legitimate stage and in vaudeville, to for whom the artist is working show "Sometimes an actress hears of a voman who wants nothing but money broadenst, including television, and tact, good temper and consideration." particular film and says she would and who, If the money were sufficient to make records. like to be loaned for that picture," he would submit to anything..
There was no evidence that this explained.
"A most unusual and extraordinary woman had walked out in the middle "Also we may think an-: "He read a letter she had written clause, to us over here, at any rafe." of a Blm. The trouble in that case other company has an actor for whom und emphasised her first sentence in Sir William Jowitt proceeded, "is was that she was asked to play a we have a part which we would like which she said: 'It seems our main that the producer has the right to use certain part in "God's Own Country," him to play.
problem
is gelting together on the the services of artists for personal and she declined, but there was no "It is not a simple matter of selling money, but he did not stress the rest appearances, and the right to lend, evidence that she walked out" in the and buying things. It is very seldom of the letter which makes it quite ease or sell arthts to other pro- middle of the play. that an actress of standing is sold plain that, though money may have ducers. against her will. In many cases an been out of her motives naturally,
Sir Patrick Hastings: "I am only actress wants to be louned for the that was by no means all her motive, the contract, Sir Wiliam said: "It is this lady from performing as a film Dealing further with the terms of asking for an injunction to restrain filma,"
"Sir William
Jowitt (for Miss "For instance, she says she would an astounding thing, whether meant actress in this country. I cannot ask Davis): If a producer transfer an be willing to take less money if con- or not, but what the parties have your lordship to restrain her from actress against her will, it would be sideration was given to her rights. said, in my submission, is this: That neting as u Alm actress elsewhere. hard on her?-An actress doesn't Those rights were to go out and per- she will not make any private ap- always understand her will or what form, I think, for instance, in a flm perances in any way connected with, JUDGE'S REPLY she wants to dol
having to do with Queen Elizabeth." for instance, theatrical shows.
means that she won't be able to go to "IS THAT SO?"
the theatre.
SAYS JUDGE
But she sometimes does?—Yes, And, if she does, then it would be putting a great strain on her?-If she does.
TO SIR PATRICK. "The American Courts may take the view that she is entitled to act in Sir Patrick: I am not asking for an America. All I am asking, in effect. He agreed that the mere physical
injunction to restrain her from going acting for Mr. Toeplitz, who is the Is that she should be restrained from to the theatre. work of acting for the films was hord
only one to have made her on offer Mr. Justice Branson: Is that so? I SNAPSHOT WOULD work. "But she gets well paid for thought the rights she was asking for
that we know." it," he added, amid laughter.
Re-examined, Mr. Korda said the pictures should not exceed four and were, among other things, that the
Mr. Justice Branson: Your injune. leaning clause of contracts worked that she should have five consecutive contract stood, Miss Davis could not If you want to amend the injunctior Sir William contended that, as the tion seems to go further than that just as rouch for the benefit of the months' vacation and make a picture become a waitress at a restaurant, an you must say so specifically.
assistant in a hairdresser's shop in the Sir William Jowitt had not finisher Sir William: That is what I mean. wilds of Africa-it they had hair- his argument when the hearing war She has written: 'Mentally a change dressing, establishments there--and adjourned.
artist as for her company.
Sir Patrick read a letter in which Miss Davis's ngent said:
on her own account.
DE "APPEARANCE" -
8 p.m. Time, Weather und An- nouncements.
8.03 p.nt. The Band of II, M. Coldstream Guards.
and Overture "Poet
Peasant (Suppe): Youth and Vigour (Lau- tenschlager); March-Colonel Bogey (Alford); The Standard of St. George Changing of the Guard (Flotsam and (Alford); Old Panama (Alford); The
Jetsam); Forade of the Puppets (Kuhn).
8.30 p.m.
A Light Concert. English Composers.
Song-Glorious Devon' (Edward Orchestra-Summer Afternoon-Idyll German)....Robert Radford (Bass);
(Erle Contes); Orchestra-Like to a Damask Rose (Elgar); Queen Mary's Song (Elgar)....Light Symphony (Continued on Padè 4.)
Ico House Street.
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