Pre-Code vs Post-Code: "The Criminal Code" and "Convicted"

The title of the 1931 film"The Criminal Code," based on Martin Flavin's 1929 play, refers to two different codes -- the one in the law books, cut and dried and in black and white, administered by men like district attorney Martin Brady (Walter Huston). The other is the unofficial code among prison inmates to protect each other, even if it leads to physical abuse or solitary confinement.

Bob Graham (Phillips Holmes) is one of those inmates. He was sent up the river by Brady, and when Brady is named warden of the prison where Graham is serving his time, their paths cross again, as do the paths of Graham and Brady's daughter, Mary (Constance Cummings).

The 1931 film, directed by Howard Hawks, has an Oscar-nominated screenplay by Seton I. Miller and Fred Niblo, Jr. And it's a much bleaker view of prison life, with morally dicey characters to match, than its 1950 remake, "Convicted." (Miller and Niblo are also credited with the screenplay of "Convicted," along with William Bowers.)

In "Convicted," Broderick Crawford is the D.A.-turned-warden, here named George Knowland. And Glenn Ford is the inmate, here named Joe Hufford. Dorothy Malone plays Knowland's daughter, Kay, even though in real life Crawford was only 14 years older than Malone.

The characters of Brady and Knowland are similar on the surface -- assured, self-made men who believe in the system and in the sanctity of the law. But Brady has rougher edges -- he smokes stogies as opposed to Knowland, who prefers a more professorial pipe. And Brady is a bit of a politician -- he is given the warden's job as consolation for a losing race for governor, and he's always worried how things will look to his enemies. By contrast, Knowland is more able to see life's gray areas, if just barely.

The movie begins with a death -- the son of a prominent political figure has been killed by accident in a nightclub fight. The character played by Holmes and Ford -- we'll call him Bob/Joe -- is the "killer," although both prosecutors know that the act was accidental and in self-defense.

"Tough luck, Bob," Brady tells Bob in the 1931 film, "but that's the way things go ... you gotta take 'em the way they fall."

But Bob doesn't have to take 'em that way, and Brady knows it -- but he doesn't tell Bob.

"If that kid belonged to me," Brady tells his assistant (and no one else), "I'd make a plea of self-defense and fight it out. I'd get him out ... he'd never serve a day. A thing like this is liable to happen to anyone."

Brady is content to "let things fall" and let Bob face the music. Bob's counsel is just this side of incompetent -- he's a corporate attorney, hired by the brokerage house Bob works for, who knows nothing about criminal law. And Brady offers no guidance whatsoever.

In the 1950 film, Knowland at least advises Joe's attorney to hire a criminal lawyer. But it's for naught.

As expected, Bob/Joe is convicted of manslaughter and sentenced to 10 years in prison. In the 1931 film, Brady stands stoically by as the sentence is passed and a bailiff picks his teeth. Bob's useless attorney blows off the whole thing with a simple "the best man won, I'm afraid" as Bob is taken away to the big house. In the 1950 film, Knowland at least shows some pangs of conscience -- he tells off Joe's lousy lawyer -- and his humanity is further emphasized by having daughter Kay with him, noting his sadness:

In prison, Bob/Joe makes friends with his two cellmates. One plans to escape; the other (Boris Karloff in the 1931 film, Millard Mitchell in the 1950 film) wants to off the yard master. Seems the head bull caught the prisoner, just after he was paroled, having a beer. Thanks to that parole violation, the prisoner is back in stir -- for 12 years. (That's one heck of a beer.)

Despite all that, Bob/Joe's best friends are his cellmates, and between them they illustrate that other criminal code -- the one that isn't in the law books.

Bob has been in prison, wasting away, for six years before Brady becomes warden; in the 1950 film, Joe has only been in for three years before Knowland's arrival. Because Brady/Knowland is responsible for putting so many of the inmates behind bars, they greet his arrival with "yammering" -- a long, loud series of growls. Both men decide that the only way to deal with the uprising in the prison yard is to confront the yammerers:

Meanwhile, Bob has been falling apart in prison. He works every day in the prison's dirty, dusty jute mill, spinning fiber into burlap. Then he receives word that his only contact with the outside world -- his mother -- has died. This leads to a breakdown in the jute mill and, after a doctor's intervention, Brady appoints Bob as his chauffeur.

In "Convicted," Joe is close to his father. and while he's in stir, Kay visits the old guy, creating a bond between she and Joe even before they meet. As opposed to Bob's stint in the jute mill, Joe works in the prison laundry -- not a perfect setting, but at least it's cleaner. Joe's breakdown occurs when he learns of his father's death, and as a result he's put into solitary -- it isn't until he's released from there that he joins Knowland's staff as chauffeur.

Still, Joe's time in solitary doesn't seem to affect him as much as Bob's. In general, in fact, Holmes looks like hell for a good part of this movie, while Ford looks like ... Ford.

As the prison chauffeur, Bob/Joe spends more time driving around the warden's daughter than he does the warden himself. And things start improving as prisoner and daughter are drawn to each other.

Then comes a crisis, one involving both of Bob/Joe's cellmates. One attempts to escape, only to be shot and killed because one of his co-conspirators was a stool pigeon. The other cellmate -- the one determined to kill the yard warden -- also sets his sights on the stoolie.

Warden Brady/Knowland is hiding the stoolie in his office.

"I gotta get him off my hands," Brady says to the head of the parole board. "Pardoned, paroled transferred -- anything!" So he has no hesitation about letting the guy go. Knowland is more principled -- he wants the guy transferred, but not set free.

This guy doesn't need Frankenstein makeup.

But it ends up being a moot point very quickly, because Bob/Joe's cellmate, who works as the warden's cook, sneaks into the warden's office and knifes the pigeon. (Karloff is supremely scary as the cellmate in the 1931 film; in the 1950 film, Millard Mitchell seems a lot more comfortable as a convict than he does as a studio head in "Singin' in the Rain.") The only witness to the murder is Bob/Joe, who won't talk, and he ends up in solitary, as much to save the warden's pride as anything.

It falls to the warden's daughter to set her father straight:

Bob/Joe is released from solitary and paroled, and the "happy" ending fits each film's tone -- Brady looks a little uneasy at the idea of his daughter marrying a convict, even a noble one; and Knowland and Joe joke about his picking up the daughter as nonchalantly as if it was a Saturday night date.

Lee Tracy Bigmouth Theatre: "Clear All Wires" and "Washington Merry-Go-Round"

Between 1929-35, Lee Tracy appeared in more than twenty films as a reporter, shyster lawyer, press agent, publicity man, promoter, politician and puppeteer.

And in all of them he. Talked. All. The. Time.

Fast, and with authority, punctuating his words with jabs into the air. Or, when he is "contrite," spreading his fingers over his heart. Sometimes he uses this gesture so often that it looks like he's pledging allegiance to his co-star.

Tracy first found fame as Hildy Johnson in the stage production of "The Front Page," and although he didn't play Hildy in the 1930 film version -- Pat O'Brien did -- Tracy found himself typecast as the quick-thinking, ever-scheming, fast-talking operator who was just this side of a con artist.

In the 1933 film "Clear All Wires," for instance, Tracy is Buckley Joyce Thomas, foreign correspondent for the Chicago Globe. He's a freewheeling scoop machine given to dressing in military garb, and when the movie opens he's been missing for days, captured by enemy insurgents in Morocco. In reality, he's been treated like a king -- his unflappable style has charmed the leader of the group, who has given him an exclusive interview.

When Buckley is released, he is greeted with joy by his right-hand man, Lefty (James Gleason). Buckley's disappearance "shoved beer right off the front page," Lefty tells him. Buckley starts dictating his big story, even as his rival, Pettingwaite of The New York Times, pooh-poohs Buckley's methods. So Buckley takes a break from his story and lets him have it, in a standard Lee Tracy diatribe:



We then move to Russia, where Buckley has swiped Pettingwaite's hotel suite. He's there to cover the 15th anniversary of the Soviet Revolution, and he meets an old flame, Kate (Benita Hume), but it's hard to romance her because he has another old girlfriend, Dolly (Una Merkel) along. This makes for crowded quarters:



(Notice that the aria Dolly is practicing, badly, is the same one that Susan Alexander practices, badly, in "Citizen Kane.")

"Clear All Wires" is based on a play by Bella and Sam Spewack, and it has funny moments, but it's largely stagebound -- most of the action takes place in Buckley's suite. And the actual plot -- something about Buckley's battle with the Soviet secret police -- isn't really that interesting. Tracy keeps things hopping largely because Tracy himself keeps hopping. And talking.

The 1932 film "Washington Merry-Go-Round," on the other hand, has a stronger script that gives Tracy an actual character to play. He's Button Gwinnett Brown, a newly elected congressman who is a namesake and descendant of one of the signers of the Declaration of Independence. "His blood is bluer than one of Sophie Tucker's songs," we're told.

Brown takes his heritage -- and his responsibility -- seriously. He's heading for Washington in 1932, at the peak of the battle between the government and the "bonus army," World War I veterans who want an early payment of the bonus they're scheduled to receive in 1945. The bonus army has set up a camp across the river from D.C. in Virginia, and one of Brown's old Army buddies is a leader. He invites Brown to speak to the men, and what he tells them isn't exactly music to their ears:



Voted into office by the local political machine, Brown turns on his benefactors and lets them know he will be his own man in Congress. He's helped by Alice (Constance Cummings), who becomes his political mentor; she's also the daughter of his state's Senator (Walter Connolly). In the typical Tracy tradition, Brown makes speeches in the darndest places, including the Library of Congress:



"Washington Merry-Go-Round" offers odd little foreshadows of Frank Capra's "Mr. Smith Goes to Washington." The screenwriter, Jo Swerling, was a frequent Capra collaborator, but he didn't work on "Mr. Smith." Still, as in "Mr. Smith," Brown gets inspiration from a late-night visit to the Lincoln Memorial, and, as was the case with Claude Rains's character in "Mr. Smith," Alice's distinguished Senator father is revealed to be an unwitting partner of the movie's bad guy, power broker Norton (Alan Dinehart). Brown's friend killed himself over his involvement with Norton, so he becomes Brown's sworn enemy:



Like "Mr. Smith," "Washington Merry-Go-Round" tries to make nice with the powers that be before decking them with a sucker punch. The movie is "dedicated to those public servants in Washington who, despite the malignant force which operates to defeat the principles of representative government, are serving their country sincerely and well." But most of film is cheerfully cynical about how Washington really works, and how bosses like Norton worm their way into the system.

As for Tracy, he kept playing roles like this up until 1934, when he was scheduled to play a reporter in MGM's "Viva Villa," opposite Wallace Beery. The company was on location in Mexico when Tracy created a "scandal." One story is that he urinated off a balcony onto a military parade; another is that he returned an obscene gesture from someone watching the parade and thereby "insulted" Mexico. Whatever the reason, he was replaced in the film by Stuart Erwin.

But it's too simple to say that incident alone ruined Tracy's career. Like James Cagney's gangster, Barbara Stanwyck's tough dame and Joan Blondell's golddigger, Tracy's fast talker with loose morals was very much a pre-code character -- one that was phased out with the rise of the Production Code, Mexican balcony or no Mexican balcony.

"Movie Crazy," or Lloyd Bridges

In the 1932 film "Movie Crazy," pre-code meets pre-pre-code.

As small-town boy Harold Hall, Harold Lloyd plays the same sincere, guileless but resourceful character he played in silent films. He's followed his star to Hollywood, where he wants to break into pictures in the worst way.

Lloyd's character is right out of the early 1920s, but the people he meets -- particularly actress Mary Sears, nicely played by Constance Cummings -- are right out of a wisecracking pre-code movie. Mary ends up falling for Harold in spite of herself because he's so genuine, and so accident-prone -- her nickname for him is "trouble" -- and she provides great sarcastic commentary as she watches his pratfalls. As a result, "Movie Crazy" nicely bridges silent and pre-code comedy.

We begin in Littleton, Kansas, where Harold lives with his parents. He mistakenly sends someone else's photo -- an all-American good looker -- to a Hollywood studio in hopes of getting an audition. The studio extends an invitation and Harold is on a train at once.

Harold has hardly stepped off the train before he's tapped to be an extra in a movie scene being shot at the station. The stars are pompous matinee idol Vance (Kenneth Thomson) and Mary, in heavy makeup as a Spanish maiden. As you might expect, Harold ruins every take in practically every way possible, from tripping over the leading man to pulling down a stack of noisy metal milk cans.

Then we cut to the studio, where Harold meets Mary, out of makeup. It starts raining and Harold "helps" her put up her convertible top:



Harold ends up back at Mary's place, where she takes pity on him and lets him inside to get dry. He has a seat, and reminds us that thanks to his silent movie training he still knows how to take a fall:

Lloyd stays true to his long-established character in "Movie Crazy" -- his best comic moments come in largely silent slapstick sequences. My favorite part of the film is his screen test, a series of botched takes. All he has to do is enter and answer the phone, and he blows it beautifully:



Harold doesn't know that Mary is also the Spanish woman -- he thinks they're two different people.

Mary keeps teasing him while dressed as her Spanish character, and he never pushes her away convincingly enough, so Mary dumps him. This leads to a sequence at a fancy dress ball. Harold mistakenly thinks Mary has invited him, and he ends up putting on a magician's jacket by mistake. In echoes of the formal dance sequence in Lloyd's "The Freshman," his coat unleashes chaos at the party and he endures the ultimate humiliation of being thrown out and rejected by Mary.

As is the patten in this kind of movie, Harold's triumph follows a few minutes later -- he ends up in a fight with Vance, his rival for Mary. He doesn't that it's being filmed, on a set that's supposed to be a sinking ship. Again, Lloyd's visual gags carry the day:



By the end of the picture, Lloyd is back in good graces with Mary and the studio. The kid from Kansas has stayed true to himself -- in a pre-code world he's gotten ahead by sticking to his own code.

Here are the full cast and credits for "Movie Crazy."