I can,

Valentino came over to this country in theatrical acting companies. however, inform you that Eugene O'Neill, America's greatest dramatist, is the son of James O'Neill who came here from Ireland, but who would have been excluded from this country had the Dickstein bill been in effect, as he was a practically unknown actor when he left Ireland. Eva LaGallienne made her first appearance in New York in October 1915 at the Hudson Treater. She was an unknown actress in England, having played in only two plays there. Walter Slezak, Mady Christians, and Tonio Selwart, three German actors of distinguished merit, did not come over to this country with German touring companies. Each of these actors has shown the greatest popularity. They have only been able to act by permission of Actors' Equity Association. None of them were of distinguished merit and ability in Germany.

Among the older actors coming from England may be remembered E. A. Sothern and William Faversham, who have given unlimited employment to American actors who have acted in their companies.

I respectfully request that the contents of this letter be read to the members of your committee.

Very truly yours,

LAWRENCE LANGNER.

Hon. SAMUEL DICKSTEIN,

Room 425, Old House Office Building, Washington, D.C.

DEAR MR. DICKSTEIN: Referring to my appearance at the hearing in Washington last Tuesday, February 20, I beg to furnish you with the following information:

Actors' Equity Association objects to the employment of alien actors who have not played 100 weeks in the United States. You will appreciate how little Equity has to complain of when I inform you that so far as I have been able to ascertain, there are only 18 such actors performing in New York City out of a total of nearly 500 named actors now employed. These are as follows:

The Green Bay Tree.-James Dale, Laurence Olivier and Jill Esmond. This is an English play requiring an all-English cast.

The Shining Hour.-Adrienne Allen, Marjorie Fielding, Cyril Raymond, Derek Williams, Gladys Cooper, and Raymond Massey. This is an English company which rehearsed in London, went to Canada, and came from Canada to New York. It is understood the play was put on with English capital, and is giving employment to at least 30 labor-union members and theater employees at the Booth Theater, all of whom are United States citizens.

Richard of Bordeaux.-Margaret Vines, Francis Lister, Henry Mollison, Cyril Chadwick, and possibly 1 or 2 others. This is an English play, said to have been put on with English capital, at the Empire Theater, which employs a large number of American actors, a large number of extras, a large number of stage hands and theater employees; total number of United States citizens in this production approximates 50.

The Wind and the Rain.-Alexander Archdale, Frank Lawton. This is an English play that gives employment to a number of American actors, stage hands and theater employees, estimated at a total of over 30 United States citizens.

Ziegfeld Follies.-Oliver Wakefield. One member of a cast which must easily employ over 200 United States citizens.

The Pursuit of Happiness.-Tonio Selwart. One alien actor in the cast of a play giving employment to over 20 United States citizens.

I believe that the failure to use foreign actors in the above plays would have resulted in six additional theaters being closed. Producdrs will not risk $15,000 to $40,000 producing a play with actors who are not suited to the parts, and no law can compel them to invest money in a play unless there is some possibility of a

return.

I have further checked through a list of the current plays in New York for the total number of actors appearing in these plays emanating from foreign countries. According to my figures, based on a publication called "The Cast," dated February 17 and including the additional play of this week, I find that there are a total of 493 named actors employed. Of these actors 41 are of European origin. That is less than 10 percent, but Actors' Equity itself would have protested against the exclusion of many of these famous actors of alien origin. Many of them are on the council of Equity, and are some of the most famous actors in the country.

The exclusion of this 10 percent from the theater would bring severe damage and possibly result in the closing of 8 plays out of the current 23 plays, or more than 33% percent.

There are close to 30 empty theaters in this town at present, and hundreds empty all over the country. Keeping a foreign play out does not bring an American play in any more than keeping a European novel out makes for the reading of more American novels.

The above figures illustrate the absurdity of the position of Actors' Equity Association in the matter. If all actors of foreign origin were deported from this country it would result, in the writer's opinion, in twice as much unemployment as there is at the present time in the American theater.

In conclusion, I oppose the Dickstein bill because it is a bill to increase unemployment in the United States at a time when the American theater is beginning to recover due to the efforts made by the Democratic Party.

Very truly yours,

LAWRENCE LANGNER.

The CHAIRMAN. I would also like to read a letter from George A. Graham, president of Charter No. 2, Hotel Greeters of America, in which they endorse H.R. 3674. The letter is as follows (reading): FEBRUARY 24, 1934.

Hon. SAMUEL DICKSTEIN,

Chairman Committee on Immigration,

House of Representatives, Washington, D.C.

DEAR SIR: On behalf of this association, embracing within its ranks the clerks, managers, etc., of the majority of hotels in this district, we wish to go on record as being in complete accord with the entire contents of H.R. 3674, known as the Dickstein Alien Actor bill. We urge its passage into law as speedily as possible, with no amendments or alterations that might tend to weaken its purpose.

The American actor has always been a good patron of hotels and restaurants, and we feel the passage of this bill will tend to increase employment among our American artists and will prove of material aid to this, the hotel industry.

Very truly yours,

GEORGE A. GRAHAM.

The CHAIRMAN. We will now hear from Dr. Henry Moskowitz, of the National Association of the Legitimate Theatre, and the League of New York Theatres.

STATEMENT OF DR. HENRY MOSKOWITZ, NATIONAL ASSOCIATION OF THE LEGITIMATE THEATRE, INC., AND LEAGUE OF NEW YORK THEATRE, INC.

Dr. MOSKOWITZ. Mr. Chairman and gentlemen of the committee, I represent the executive advisory board of the League of New York Theatres and also the National Association of the Legitimate Theatre, Inc. I represent the national managers and producers.

Mr. WEIDEMAN. Are you an attorney?

Dr. MOSKOWITZ. No, sir. I have come before this committee prepared to present facts and not mere arguments, and so I took the 25 plays that are now playing in New York City, that are advertised in the New York Times and other New York papers, and I asked the producers of those plays certain questions: First, "How many aliens have you in your shows?" Second, "How many actors have you in your shows?" Third, "How many people backstage—that is, stage hands and musicians do those people support''? Fourth, "How many people in front of the theater-that is, ushers and box-office men, etc., do these people support?" Fifth, "What is the amount of investment involved in your play?"

I shall give you the data for the record. I will not burden many of the details, but I will give you the recapitulation.

you with

There were 25 productions employing 765 actors and actresses, of which there were 47 aliens, or 6 percent of the total, but of these 47 aliens, there were 2 English companies which have a total of 29 aliens, leaving 16 alien actors in 23 productions.

There were 529 stage hands, musicians, and other backstage employees; 612 front-of-house employees, including ushers, ticket takers, porters, treasurers, box-office assistants, and so forth. Then there were 250 administrative employees for productions, and $1,004,000 represents the approximate total investment of these 25 productions. Now, these 16 alien actors are so necessary to 25 percent of the productions in New York that if they were not found, those productions would close.

Now, if the object of this bill is to help employment, I say in that connection that this bill defeats its own ends from the standpoint of employment, for every time an alien actor is employed, the American producer employs at least 10 American actors along with him, so that my viewpoint is that from the standpoint of employment this particular bill defeats its own ends. May I therefore ask that this be inserted in the record, as I do not want to burden you with all of the details in regard to those plays. I have all this data here, and I would like to submit it for the record.

(The data submitted by Dr. Moskowitz is as follows):

RECAPITULATION-NEW YORK CITY, FEBRUARY 26

Twenty-five productions, employing 765 actors and actresses, of which there are 47 aliens, or 6 percent of total, two English companies, total 29; leaving 16 alien actors in 23 productions; 529 stage hands, musicians, and other backstage

employees; 612 front-of-house employees, including ushers, ticket takers, porters, treasurers, box-office assistants, etc.; 250 administrative employees for productions; $1,004,000 approximate total investment of 25 productions.

Mr. ROBERTSON. In your opinion, Dr. Moskowitz, what percentage of those alien actors now employed, which you say give direct employment to domestic actors, would be excluded under the terms of this proposed bill?

Dr. MOSKOWITZ. Under the terms of this bill, in my opinion, if the term "recognized merit" had to be interpreted, I would say that at least 60 percent of these actors who are not well known would be excluded.

Mr. LANZETTA. How would you interpret the word "merit"?
Dr. MOSKOWITZ. I am not a lawyer.

Mr. LANZETTA. What is your definition of it?

Dr. MOSKOWITZ. I think "merit" represents excellence. I would say it is almost a synonym for excellence in a profession.

Mr. LANZETTA. You mean reward?

Dr. MOSKOWITZ. Reward would not be applicable here. Fitness. What I would like to see here, gentlemen, is, if we are going to talk about an amendment to this law, I would like to see an amendment something as follows.

Personally, I am opposed to the entire principle of this bill, but I have had enough experience in legislation and politics to know, that legislation is frequently a matter of compromise, and if I must compromise with my principle I would like to make a certain suggestion. I think, for example, that if you took sections one and two and amended it along the following lines:

Any alien actor shall be permitted without question under any one of the following conditions:

(1) If the employer of the alien actor furnishes to the Secretary of Labor with a warranty that the alien actor is required for a part or role or act to be played in the United States and that the alien actor will be so employed by the employer.

In other words, that guarantee means that that actor just comes in and we guarantee that he will be employed by us to fill this particular part, and by such employment he will give American actors work. It is suggested that the second condition may be as follows:

If an employer furnishes the Secretary of Labor with a warranty to the effect that upon the admission of the alien actor, he will be employed by him in a performance in the United States together with a minimum of 15 United States citizens.

In other words, there again he is to play in the United States and there will be employment for American actors.

Then the third condition may be as follows:

If the employer furnishes the Secretary of Labor with an affidavit to the effect that the alien actor forms part of a foreign troupe or company which has either rehearsed together or played together in a foreign country prior to the admission of the alien actor to the United States, which actor will perform in said troupe or company in the United States.

I think the law should contain a provision to the effect that where the Secretary of Labor has given permission hereunder no individual, organization, association or trade union shall refuse to permit the alien actor to work or shall require him to pay them sums additional to the amounts paid them by actors who are United States citizens.

Mr. SCHULTE. Have you made any provision for employing American actors?

Dr. MOSKOWITZ. You can make that provision too. I wish to say, gentlemen, that the work of casting an actor for a part in a play is a very delicate and important one. I believe that somebody has asked here I think it was one of the Congressmen:

If there were not American actors who could simulate a foreign talk.

Well, there may be, but if you have a standard of excellence for a particular part and you feel that part must be played 100 percent right and you know that that part, even though that part may not be a headliner, may be an important part, even though a subordinate part, and you want that person-you try to get the perfect person for that part.

Mr. WEIDEMAN. In that case you will look for somebody who has superior talent for that part?

Dr. MOSKOWITZ. Yes, not only superior talent, but especially adapted to the part.

Mr. TRAEGER. I think he means type.

Dr. MOSKOWITZ. Yes, but I would like to say that instead of having a general phrase which can then be interpreted into "especially adapted", I would like to see the words "especially adapted" put in. To my mind that would be better, because then that would cover the situation, that would be better than to say that a man is a recognized actor.

Mr. WEIDEMAN. Let me say, Doctor, that the mere fact that a man is a lawyer does not indicate that he is a man with any special ability. A medical man, as a matter of fact, has greater analytical power. If a man has superior talent, you would not have any trouble in getting him in. You would not have any trouble, and you have signified that you would be willing to ride along with the folk we have here.

Dr. MOSKOWITZ. With a distinction for all persons who have recognized ability.

Mr. WEIDEMAN. Section 2 of H.R. 3674 provides that this class of people are permitted to enter, notwithstanding the provisions of the contract-labor law, and there are no restrictions on those having professional engagements within the United States of a character requiring superior talent. Now, unless you have need for an actor having superior talent you would have no use for him, would you? Dr. MOSKOWITZ. No. But I think if I would have to go to the Department of Labor

Mr. WEIDEMAN. Let me stop you right there. You do not have to under this law

Dr. MOSKOWITZ (interposing). But the actor would have to demonstrate to the officer of the Government abroad that he had superior talent.

Mr. LANZETTA. You infer that he would.

Mr. WEIDEMAN. The law says that he is exempt from the contractlabor provisions of the immigration laws.

Dr. MOSKOWITZ. But if he goes to the American consul abroad and wants a visa the consul will ask him a great many questions about the law in general, and ask a good many questions regarding this law, and he would require a demonstration to prove that the man had superior talent before he gave him a visa.