Pre-Code vs. Post-Code: "State's Attorney" and "Criminal Lawyer"

The 1932 film "State's Attorney" and its 1937 remake, "Criminal Lawyer," are based on the same story by Louis Stevens.

But in the hands of different screenwriters working under different production codes -- and performed by lead actors with distinctively different styles -- you get two, well, different movies.

Stevens's story is about a flamboyant attorney who's the mouthpiece for a big-city gangster. Thanks to the gangster's influence, the attorney becomes the chief prosecutor and starts dreaming of the governorship. But then the gangster commits murder, and, thanks to the love of a good woman, the attorney risks the wrath of his biggest backer -- not to mention his life -- to see that justice is done.


Both films follow that plot. In the 1932 film, John Barrymore plays the attorney, named Tom Cardigan. In the 1937 film, Lee Tracy plays the attorney, named Barry Brandon.

The screenplay for the Barrymore film, "State's Attorney," was written by Rowland Brown and Gene Fowler. Brown was responsible for some tough, notable pre-code movies, including "Hell's Highway" and "Doorway to Hell." Fowler was a longtime Barrymore crony -- he kept vigil at Barrymore's deathbed and later wrote the Barrymore biography "Good Night, Sweet Prince."


So the character of Cardigan is very much colored by what seems like Barrymore himself -- a wisecracking blend of impishness and melancholy, with plenty of boozing thrown in. Barrymore slides from comedy to drama with great grace and style. He doesn't look like he's acting, which is the best kind of acting.

The Tracy film, "Criminal Lawyer," is likewise heavily colored by its leading man, which isn't necessarily a good thing.

Tracy's screen persona was that of a fast-talking operator who was often just this side of being a con artist. Barrymore knew how to let silence work for him; with the characters Tracy played, there aren't any moments of silence, because to stop talking meant that the rubes were more likely to catch on to your scheme.


Beyond that, the script for "Criminal Lawyer," written by G.V. Atwater and Thomas Lennon, is scrubbed clean of spice. Sure, there's crime aplenty, but very little of that sex stuff.

Both movies begin with a party thrown by the gangster -- in the 1932 film it's Valentine "Vanny" Powers, played by William Boyd, and in the 1937 film it's Larkin, played by Eduardo Ciannelli (seen with Tracy at left).


The party is raided, and we end up at night court. In both movies, the gangster orders the attorney to sweet talk the female judge into releasing the party without bail. But the attorney is feeling contrary, so instead he makes sure the judge sets bail -- at fifty bucks a person, which the gangster grudgingly pays.

Here is where things begin to diverge.

Next up on the night court docket is a woman -- in the 1932 film she's June, played by Helen Twelvetrees; in the 1937 film it's Madge, played by Margot Grahame.

Both women have been picked up for soliciting, although in the 1932 film it's much clearer. June, in fact, works for Vanny, which means he also does some pimping on the side. But as opposed to Vanny's well-heeled patrons, she really does need help, and Cardigan jumps in. First he reaches into his coat pocket, pulls out a wedding band, and slips it on June's finger. Then he stands before the judge and proceeds to pull on her heartstrings:


This is a pretty cynical scene, but Barrymore plays it completely straight and practically makes you believe him. As Brandon, Tracy isn't as conniving as Cardigan -- he doesn't carry a wedding band in his pocket. Madge is already wearing a costume jewelry ring, so he turns it so that its large setting is hidden and only the band shows. Oh, and Madge doesn't work for the gangster -- she's apparently a freelancer.

The way Cardigan cross-examines the cop who arrested June also has more of a pre-code bite. Seems the cop served a hitch in reform school, and if we don't get the point that he's a bad egg we hear that after being paroled he was sent back again for torturing a dog. In "Criminal Lawyer" we don't hear anything about that.

In both movies, the attorney ends up taking the woman back to his place. Cardigan gently removes June's coat and pours her a drink, and she asks him what he wants for breakfast in the morning. Brandon, on the other hand, wastes no time in getting Madge an apartment in his building. No impropriety (or breakfast, for that matter) here! June is pretty clearly kept by Cardigan, but not Madge -- she goes to work in Brandon's office, where she can gaze at him longingly.


Once they become chief prosecutors, both attorneys hitch their star to a headline-heavy murder case -- a housewife (named Nora Dean in the 1932 film, Nora James in 1937) is accused of killing her husband as he slept. Nora whoever contends it happened during a break-in. Both attorneys are determined to break down Nora on the stand, and the 1932 treatment is much more lurid than the 1937 one. Cardigan has the bed where the murder take place brought into the courtroom, so that the jurors can see the bloody sheets. Then he takes the murder weapon -- an iron sashweight -- and incessantly taps it on the metal bed as he questions the suspect, causing her breakdown. In the 1937 film, there are no such histrionics, and Brandon takes only about five seconds to elicit a confession from Nora.

Romantic rivals rear their ugly heads in both movies in the form of the spoiled daughter of a political kingmaker. In the 1932 film it's Jill Esmond as Lillian, who purrs lines like "to me there's something thrilling about a woman killing for love." She's hot to trot for Cardigan, who willingly (if drunkenly) marries her to ensure his political success, even if it means shafting June. Her 1937 film equivalent, Betty, played by Betty Lawford (Peter's cousin), is kind of wan, and she shanghais Brandon into marrying her.

In both movies, however, the woman's character is quickly disposed of because the attorneys quickly have second thoughts, and because the women have eager suitors waiting in the wings. And as luck would have it, both suitors are played by actors with tangential relationships to Astaire-Rogers musicals.

In the 1932 version, Lillian is wooed by Alvarez, played by Raul Roulien, who would also play Gene Raymond's rival for Dolores Del Rio's affections in "Flying Down to Rio." In the 1937 film, Brandon's romantic rival is Bandini, played by Erik Rhodes (left), the comic actor best known as the Italian gigolo in "The Gay Divorcee" and "Top Hat."

There's a scene in both movies where the attorney meets with the suitor and lets him know that he's cutting the daughter loose. In the 1937 film, it's done with lots of mugging from Rhodes, and in the 1932 version it's done over a glass of saline laxative -- see for yourself:

 

 

The dramatic climax of both movies comes when the gangster goes on trial for murdering a rival ("Bird Legs" Duffy in the 1932 film and "Bird Dog" Duffy in the 1937 film, if you must know). The murder was witnessed by June/Madge, but she won't talk for fear the gangster will harm Cardigan/Brandon. In the 1932 version, there's an even stronger reason for Cardigan to back off from prosecution -- he himself was a burglar and served time in reform school.

And the ending, the same in both movies, is what you'd expect for that time -- the attorney walks out of the courtroom with his self-respect intact, along with the woman who stood with him through thick and thin.

We'll close with one more moment from the Barrymore movie -- a drunken conversation between Cardigan and a carriage driver where Cardigan is plinking out the wedding march on a series of half-full glasses of beer:







"Silver Streak," or Train Man

The star of the 1934 film "The Silver Streak" isn't first-billed Sally Blane, or even male lead Charles Starrett.

It's the future.

Specifically, it's the future in the form of the Pioneer Zephyr, a streamlined diesel train here called the Silver Streak. But incidental roles in the movie are played by the Century of Progress International Exposition, also known as the 1933-34 Chicago World's Fair; by Boulder Dam (now known as Hoover Dam), at that point the nation's largest construction project; and even by the recent development of the iron lung.

All these projects sent the same message to depression-weary America -- that prosperity was connected to innovative engineering and improved infrastructure.


As a film, "The Silver Streak" sends a much simpler message -- work hard, be handsome, develop a streamlined train, and you end up winning Loretta Young's sister. But it's a fast-moving B movie that's very much a product of its time, with lots of cool location footage of the Zephyr, the Chicago World's Fair and Boulder Dam (with real workers in bit parts).

We begin in the offices of the Stuffy Old White Guy Railroad, run by B.J. Dexter (William Farnum). Passenger revenues are off, and Dexter's assistant Allan (Hardie Albright), who is also his son, supports a plan for a new, more efficient streamlined train developed by lantern-jawed Tom Caldwell (Starrett). Caldwell pitches his idea to a skeptical board of directors:  



Caldwell is thrown out by the seat of his blueprints, but he has another booster -- Dexter's daughter, Ruth (Blane, Young's real-life sister). She approaches a locomotive manufacturer on Tom's behalf, and before you can say "Amtrak," the Silver Streak is ready for its maiden run.

The elder Dexter and Ruth are on board, but things don't go as planned -- there's an engineering glitch:


(Dig that 1934 streamlined Chrysler Airflow on the road, by the way.)

Naturally, instead of spending a little more time figuring what's wrong with the Silver Streak, the decision is made to scrap the whole project and put in on display at the fair in Chicago. Tom tells off Dexter, and he and Ruth break up.

A few weeks later, Tom has figured out the engineering problem, but the railroad management would prefer to keep the train as the world's largest paperweight.

Meanwhile, Allan Dexter is leaving the family railroad because of his father's refusal to be innovative. This leads to a nice scene where the elder Dexter puffs his stogie like a locomotive and reminisces about trains of the past:



Allan Dexter goes to work at the dam in Nevada. Turns out that the men on the project are coming down with infantile paralysis, and no sooner does Allan get there than he passes out. Ruth has come to see him, but that's not enough -- he needs an iron lung immediately. Father Dexter is beside himself -- how to get an iron lung cross country toot suite? If only there was some sort of really fast train to take it!

The last third of "The Silver Streak" is all about the 100 mile-an-hour overnight race from Chicago to Las Vegas. Edgar Kennedy, God love him, steps in as an old school co-engineer and gives us several good examples of his slow-burn takes in between thrill sequences like this:


There are lots of complications along the way, including close calls with oncoming trains, tricky curves and guys who almost don't get their handcar off the track fast enough. On board, meanwhile, Tom has to deal with hysterical passengers, an escaping murderer and, worst of all, Arthur Lake as comedy relief.

To the surprise of no one in the civilized world whatsoever, the Silver Streak makes it to Vegas, the train's future is assured, and Ruth and Tom make up.





In real life, by the way, the Pioneer Zephyr made headlines in May 1934, when it traveled from Denver to Chicago in about 13 hours, almost breaking the land speed record for that time -- and the engineer happily endorsed Camel cigarettes after his run.

And if you'd like to see the real Pioneer Zephyr, it's on permanent display at Chicago's Museum of Science and Industry.