Category Archives: Topic

The Corrosive Influence of Pinball


New York City Major Fiorello La Guardia toppling a pinball machine (August 1938)

America has a long history of concerns about the corruption of youth (a concern that today seems greatly diminished but by no means absent). The anti-comic book crusade of Dr. Wertham and others that ultimately led to the creation of the Comic Code is one example of such a concern but it is by no means the only one. Another object of worry was the pinball machine. Pinball was not a harmless way to pass the time, at least not to the cultural powers of the day. It was, gasp, a form of gambling. Not only could you win free games, but winning clearly depended on nothing more than luck. So concerned were communities of the day that pinball machines were banned in many places across the country, including New York City.


Headline #24 (May 1947) “Grim Pay-Off For The Pinball Mob”, pencils by Jack Kirby, inks by Joe Simon

I do not see how anyone can doubt the testimony of former major La Guardia about the dangers of pinball. I mean after all they named an airport after him! But if the reader still doubts the evil nature that pinball represented than I will appeal to even higher authorities, Joe Simon and Jack Kirby. They present their case through the mouth of a soda shop owner when a gang brings one of the machines into his store:

I said get that infernal thing out of my store! There’s a school across the street … I won’t have those kids losing their lunch money!!

Unfortunately the owner’s arguments are overruled by a thug’s fist. Simon and Kirby show that the gang is not limited to pushing pinball machines but they are also involved in running a gambling house. When the public objects to all the gambling a detective uses the pinball connection to trace the gang to their bigger operations. Thus Joe and Jack show us that the danger of pinball goes beyond the corruption of youth.

There is irony in Simon and Kirby’s voicing their concerns about pinball at the same time that many in the public were complaining about the danger comic books, and in particular crime comics, presented to the nation’s youth. Did they really see pinball as a corruptive danger? Or were they just trying to divert attention away from comic books?

Pinball games continued in spite of the ban imposed by many communities. New York lifted its pinball ban in 1976. The City Council did so largely because Roger Sharpe demonstrated that pinball required skill, not luck. He proved this playing a game where he announced that he would land the ball in the middle lane and proceeding to do just that. After that pinball flourished in New York. The pinball industry did quite well at the time driven by the digital age. But in the end home computers and video games brought about a severe decline in the pinball industry. I have not been able to find any company that is currently making pinball machines. With no more pinball games I guess we can say that they no longer present a danger to today’s youth.

Mort Meskin’s Dark Fighting Yank


Fighting Yank #29 (August 1949) “Fireworks on the Fourth”, pencils and inks by Mort Meskin

Mort Meskin was the most important artist in the Simon and Kirby studio, second only to Jack. But he did important comic book art before and after his stay in Joe and Jack’s studio. Mort often inked his own work and he was a talented inker. Inking of Meskin’s pencils are generally fairly light. That is overall there are significantly more white or colored areas in a panel as compared to black ones. Now there are exceptions such as panels displaying night scenes. But look at the splash for “Fireworks on the Fourth”. Lots of black and since the actions occurs indoors there is no reason that so much blacks had to be used. To my eyes, the inking in “Fireworks on the Fourth” seems to flatten the image. This may not have been an accidental effect as Meskin’s comic book art often exhibited a narrow depth of field.

But let me digress. During the war years there was a flood of patriotic superheroes published in comic books. Of course all superheroes in American comics would be expected to be patriotic. By patriotic superheroes I am referring to those with a costume or a name that distinct patriotic overtones. With so many patriotic superheroes it must have been difficult to come up with an costume that was appropriate and original. Most had a costume based on the American flag with the most famous examples being MJL’s Shield as well as Simon and Kirby’s Captain America. But that was not the direction taken by Standards for their Fighting Yank. This hero had a costume based on the type of clothing used during the Revolutionary War. Not that the flag was neglected; it appeared on the Fighting Yank’s chest. I am not sure if the Fighting Yank was the first to use the Revolutionary War theme but in any case there were others as well. Since it really was not that spectacular of a costume one might think the Fighting Yank would have been one of the less successful patriotic heroes. But actually he did quite well lasting from November 1941 (Startling Comics #10) to August 1949. It really was a long run since most superheroes, patriotic or otherwise, did not last nearly as long. The last issue of Fighting Yank was #29, the very one with Meskin’s interesting inking.

The inking has a greater emphasis on black than normally used by Meskin I still feel that he did the inking. While cloth folds are blocky they still exhibit the long sweeping curves that Mort preferred. When inking such folds Meskin typically used multiple brush strokes which he sometimes overlapped. This inking technique is often revealed by looking at the ends of the cloth folds were sometimes the separate ends of the individual strokes are reveals. This can be seen here are for example inking of the man in the blue suit on the left side of the splash. In Steven Brower’s recent book on Mort Meskin (“From Shadow to Light”) Jerry Robinson remarked that to keep things interesting he and Mort would often varied how they created the art. I think that this inking technique is an example such a practice.


Fighting Yank #29 (August 1949) “Fireworks on the Fourth” page 3 panel 5, pencils and inks by Mort Meskin

Meskin put this new inking style to good use. In the panel shown above he uses a low light source to provide dramatic lighting. This is something he rarely did when he later worked for Simon and Kirby. While Mort’s inking is the basis for the image’s drama, the colorists use of a light violet shadow greatly enhances the effect. The use of two color tones on the face is uncommon in golden age comics. It is pretty rare, but not unknown, in Simon and Kirby interior art where generally colored areas are separated by the line art or isolated in white areas.


Fighting Yank #29 (August 1949) “Fireworks on the Fourth” page 7 panel 2, pencils and inks by Mort Meskin

The colorist did not limit his use of multi-tone coloring to simple shadows but he also often put them to dramatic effect for scenes meant to have low light levels. Certainly the most spectacular of these multi-tone panels is the one from page 3 that is shown above. The combination of an orange background and the yellow to green toned figures is just stunning. The combinations of Meskin’s great pencils and his unusual inking along with the colorist efforts combine to make this an unforgettable piece of comic book art. One might be tempted to credit such exceptional coloring to Meskin himself however other Standards comics should be checked for multi-tone coloring before such a conclusion is reached. Coloring of golden age comics was generally handled by the publisher and not the artist who did the original line art. Standard Comics may have had to fortune of using one of the more talented colorists in the business.

Not Just Any Crime


Headline #23 (March 1947) “Burned At The Stake” page 4, pencils and inks by Jack Kirby

Simon and Kirby tried to vary the type of crime that was portrayed in their stories. But of course they could write very different stories that deal with the same type of crime. So there are multiple gangster, western outlaw and other stories. But there was one crime category that Joe and Jack only dealt with once in their crime comics, treason. It probably should not be surprising that treason was so rarely featured in the stories. After all it is not what one normally comes to mind when you think of crime. What is truly odd is that it was not treason against the United States that Simon and Kirby wrote about but against England. For “Burned at the Stake” is about the failed attempt by Guy Fawkes and others to blow up the English King and his parliament. Perhaps the reason Simon and Kirby selected this story is that Guy Fawkes seems to have generated the greatest public reaction to a traitor. Sure everyone in America knows of Benedict Arnold but when was the last time he was hung in effigy? In England Guy Fawkes’ effigy has been hung and burned on November 5th for the last 400 years!

While Simon and Kirby’s version of the gunpowder plot is relatively accurate, it completely leaves out the religious background. There is no mention of the Protestant faith of England’s rulers or the difficulties faced by the Catholic minority. One might accept Simon and Kirby’s assertion that Fawkes went to Flanders to seek glory, but only religion would explain why he joined the Catholic Spanish side against the Protestant Dutch Republic. As Simon and Kirby present it, the leaders of the plot objections to King James I seems based on little more than personality. Also there appears to be no explanation for Guy Fawkes’ joining the plotters other than something akin to a lark. Some understanding of the religious issues is needed to make the whole story comprehensible but nowhere is that subject mentioned by Simon and Kirby.

Joe and Jack’s handling of Guy Fawkes is very out of place with the treatment typically reserved for traitors. Fawkes is by no means a sneaky or cowardly villain but an individual to be admired, even if reluctantly. When discovered by the King’s guards, Fawkes puts up a valiant but unsuccessful fight to avoid capture. Afterwards Guy refuses to reveal the names of his fellow conspirators even under extensive torture. The only glaring inconsistency is Fawkes’ gallows confession of guilt. Guy was said to have repented but since history is written by the winners one wonders how accurate testimony of that confession was. But this story is in a crime comic and American morality of that day required that “crime never pays” (which phrase Simon and Kirby conclude the story).

I have previously discussed the double page splash for this story (The Wide Angle Scream, It’s a Crime). Until recently Guy Fawkes has not occupied much of a place in the American conscious. That is not true for the English, I once worked with a lady originally from England who despite being Catholic took part in November 5 celebrations. However Americans were re-introduced to Fawkes through Alan Moore’s graphic novel “V for Vendetta” and the movie based on it.

A Simon and Kirby Valentine


Headline #23 (March 1947) “To My Valentine”, pencils and inks by Jack Kirby

After the failure of Stuntman and Boy Explorers for Harvey Comics, Joe Simon and Jack Kirby began looking for a publisher that they could produce comics for. They eventually made a deal with Prize Comics where they converted the existing Headline Comics from a superhero to a crime title. The first crime issue was Headline #23 (March 1947) and it is packed with great stuff. Full of material all drawn by the dynamic Jack Kirby. The premise, at least initially, was that Headline would consist of true stories often presented by “Red Hot” Blaze. One of which was “To My Valentine” the story of the St. Valentine’s Day Massacre.

The story as presented by Simon and Kirby starts with a dramatic full page splash. Cupid with a machine gun having just finished mowing down a line of men. It seems at least one of them had a handgun so it can be presumed that they were criminals. Text presented as a scroll informs us about the war between two gangs one headed by Al Capone and the other Bugs Moran.

The first story page depicts a man discarding a Valentine Day card and then abusing the store’s proprietor when he asked to be paid for the damaged card. An odd start for a crime story, but then again Simon and Kirby were always very original in their story telling. This beginning indicates the story is taken place on Valentine’s Day and introduces the reader to the thug-like nature of the man.

On the next page the readers follows the man to his arrival to a group of gangsters as they prepare for some undisclosed criminal activity. Only they become interrupted by the appearance of some uniformed policeman. Or rather as is revealed in the last panel, as members of the “other mob” dressed up as cops.

Page four has the arrival of boss and massacre of the apprehended gangsters. Pretty dramatic stuff. But interestingly nowhere is either gang mentioned by name. The reader will learn later that the victims belonged to Bugs Moran gang but the name of the leader of this particular confrontation is never revealed. While some of the facts about the St. Valentine’s Day Massacre are well known the perpetrators have never been positively identified.

Page five introduces “Red Hot” Blaze as he bridges the story from the massacre to the arrival of a reported to interview a prison inmate. Only the reporter finds out that the inmate is out, not on bail but for a stroll. The reporter does not wait for the inmate’s return as he already has a great story for his newspaper. The reporter returns later to interview the prisoner only to be roughed up by the inmate right in front of the sheriff. When the reporter objects to the treatment he has received the sheriff responds he did not see anything. “Red Hot” Blaze describes the story as an example of the corruption in Chicago at that time. Still this sub-story seems only remotely related to the rest of the Valentine’s Day Massacre story. It takes up two pages, as much room as the massacre itself. Why did Simon and Kirby include it?

Page five ends with Bugs Moran hearing about a party the other gang was having and on the final page of the story we find Bug’s gang performing their own massacre at their rival’s party. This was supposed to have taken place at the Manning’s Hotel but a Google search fails to come up with any mention of Bug’s revenge.

“Red Hot” Blaze returns once again in the last two panels and in the final one says:

Just another thought cousins! … it isn’t hard to give crime another boost to a new heydey … Those who play ball with the black market boys and their like are only giving a new ‘go-signal to mob rule! Don/t encourage them … you’ll pay a higher price later!!!

Here Simon and Kirby reveal the story’s real theme and the explanation for the sub-story of the newspaper reporter from Chicago. “To My Valentine” is not just, or even primarily, about the gang war between Al Capone and Bugs Moran. Rather the story is concerned about the corruptive influence of organized crime and the dangers involved in supporting it. The years immediately following War World II were prosperous especially when compared to the pre-war depression period. But although many were now earning good incomes the country’s industry as a whole took some time to re-tool from the production of military goods. People had money but could not always spend it on the goods they wanted. Under such conditions a black market sprung up (or rather continued from the war years). Here Simon and Kirby are warning about the possible outcome of supporting the black market and allowing it to prosper.

The Gangs of New York

Simon and Kirby crime tales, at least the earlier ones, were based on true stories. In a recent post I wrote about Simon and Kirby’s “Let Me Plan Your Murder” and the serial killer H. H. Holmes on which the story was based. I noted differences between the story which Joe and Jack presented and the facts that can be found on the Internet. These differences could be explained either as “poetic license” or inaccurate sources. Unfortunately there is no way to decide between the two explanations without knowing the actual sources used by Simon and Kirby. I remember reading somewhere (but regrettably I am not sure where) that one of the books Simon and Kirby used was “The Gangs of New York” by Herbert Asbury (1928). The book covers New York’s criminal elements from 19th to the early 20th centuries. Apparently this book was quite popular as there were four printings in the first year alone.


Clue Comics vol. 2 no. 1 (March 1947) “King of the Bank Robbers”, pencils by Jack Kirby

One of Simon and Kirby’s first entries in the crime genre was “King of the Bank Robbers” which was about George Leonidas Leslie. The same title was used for Chapter 10 of Asbury’s TGoNY. Asbury’s presentation pretty much matches the story depicted by Simon and Kirby. The main difference between the two takes is that Asbury went into more details than Simon and Kirby. However Joe and Jack embellished the facts to make it more of a story.


Real Clue Crime Stories vol. 2 no. 5 (July 1947) “The Terrible Whyos”, pencils and inks by Jack Kirby

Another example of a story taken from TGoNY was “The Terrible Whyos”. Without Asbury’s book a reader might doubt the accuracy of some of the things presented by Simon and Kirby. For instance in the story of perspective new member to the gang being rejected because he had not killed anyone. This might seem like an exaggeration but according to Asbury:

It has been said that during their period of greatest renown the captains of the Whyos would accept no man as a member until he had committed a murder, or at least had man an honest effort to thus enroll himself among the aristocracy of the underworld.

At one point Pike Ryan presents a poster showing the business rates, that is what to charge for commissioned crime ranging from blackening eyes to “da big sleep”. In the book Ashbury describes how when arrested Pike Ryan was found to have just a list and while the wording is not identical the rates were just as Simon and Kirby provided.


Real Clue Crime Stories vol. 2 no. 4 (June 1947) “Dandy Johnny Dolan”, art by unidentified artist

Simon and Kirby where not the only ones making use of Ashbury’s TGoNY. “Dandy Johnny Dolan” had no involvement from Simon and Kirby. While it just does not have the Simon and Kirby magic touch, it still is a rather nicely written and drawn story. But once again the events found in the story match what Ashbury presents in TGoNY, particularly how a cane Dolan took off one of his victims lead to being arrested for the crime.

All the comic book artists that used “The Gangs of New York” took liberties with the facts presented by Ashbury. In some case just to make a better story but in other cases because the true facts might be a little bit too much even in those pre-Comic Code days. Simon and Kirby might present some woman as a gangster’s girl friend but in reality she might have been a prostitute (and the criminal a pimp).

Even today “The Gangs of New York” is an enjoyable read. I understand it was reprinted about the same time as the movie of the same name came out. Ashbury does have a peculiar take on gangsters. As he tells it the gangs were all a thing of the past:

for there are now no gangs in New York, and no gangsters in the sense that the word has come into common use

It is hard to understand what Ashbury’s use of the word gangsters was if it excluded organized crime of his day. “The Gangs of New York” was published in 1927 about eight years after prohibition came into effect with the Eighteenth Amendment of the Constitution. Trade in illegal booze provided an abundant criminal income which propelled organized crime to great strength. Ashbury may have been blind to the new gangster, but the crime comics, including Simon and Kirby, were not.

Another Brief Pause and a Joe Simon Interview

Normally I provide at least one post every week. This is often difficult because I have a full time day time and in my “spare time” I am actively working on restorations for Titan’s Simon and Kirby library. The only way I can succeed in keeping my blog going is plan my post ahead of time and write it during my lunch hour. Unfortunately this week when I came to do the actually writing I realized that my planned subject (an opinion piece) really did not warrant posting. But with my tight schedule I was unable to switch to another topic. So this will be one of those rare weeks when I will have to take a brief pause. I should return to my normal blogging next week.


“Wilton of the West”, pencils and inks by Jack Kirby

However, I do not want to leave my readers without something to look at so I will follow the example of an earlier pause (A Brief Pause) and provide an image from Jack Kirby’s early work for the Eisner and Iger studio. This particular strip appeared in Jumbo Comics #3 (November 1938) but my image is from a scan of what was either a proof or presentation piece. Presentation pieces were made to be provide potential clients with examples of a proposed syndication strip. The nice thing about proofs like this one is that the paper was of a much higher quality and so provides a superior copy.


“Wilton of the West” panel 1, pencils and inks by Jack Kirby

The work that Kirby did for Eisner is interesting because you can see him learning his trade. Jack was already better than many of the contemporary comic book artists but that is not saying much because there were a lot of really poor comic book artists at that time. However Kirby was not yet as talented as the artist then working on published syndication strips. On this particular “Wilton of the West” you can see Jack not completely successful experimenting on his inking. Kirby has put a lot of effort into the brush work, particularly on the splash like panel I show above, but it is not very effective. I believe much of the problem is that all parts of the panel seem to get the same amount treatment. The final result seems cluttered and unfocused. Kirby quickly learned from his mistakes and had already improved in a Dr. Hayward strip done a short time later (shown in the same A Brief Pause post that I linked to before).

On a different subject, the reader might be interested in a recent interview that Joe Simon gave Big Shiny Robot.

Simon and Kirby and Graphic Novels


Young Allies #1 (Summer 1941) pencils by Jack Kirby

Simon and Kirby had a tendency to do things in a big way. If they drew a guy running they would portray him with his legs so widely separated that it would almost look like he was executing a split. A full splash page might not be enough for Joe and Jack and they would use two pages for a splash. Their motto seemed to be take things to the extreme. One of the things that they pushed was the story length. Simon and Kirby stories were often a few pages longer than their contemporaries, but that is not what I am referring to. Sometimes Simon and Kirby would create stories that extended to much greater lengths.

The first occasion for Simon and Kirby to execute a long story was Young Allies #1 (Summer 1941). I have written about this comic before (Young Allies and the L Word). Only most of the splash pages seemed to have Jack Kirby’s directly involved while the rest of the story appears to have been executed by a number of different artists. Still it is obvious that Simon and Kirby were the guiding hands. The story is divided into 6 parts that are referred to in the comic as chapters. While it was described as “a complete comic adventure thriller”, designating the parts as chapters indicates that Simon and Kirby had the idea of a novel very much in mind.

Simon and Kirby did not call Young Allies #1 a graphic novel but should we? But to answer that question we need to know what the definition of a graphic novel is. Despite the common use of this term in recent years there is a lack of agreement about what constitutes a graphic novel. Is it the length or the subject matter? Is a lengthy sequential graphic story sufficient or need text be present? Does the text have to appear in word balloons? I could go on but the point is there is no generally accepted definition of a graphic novel except perhaps it has to be lengthy. Actually I am not surprised by the difficulty in agreeing on a definition as aspects of cultural are often difficult to define. The reader might think they know what rock and roll is but in some cases it is hard to distinguish between rock and roll and blues, jazz or even classical music. Rather than trying to come up with yet another definition of what characteristics are fundamental to a graphic novel, I prefer to use a cultural definition. Today there are a lot of what are described as graphic novels but they all seem to trace their inspiration back to a number of works that appeared from 1976 to 1978 but especially Will Eisner’s “A Contract With God” (1978). A graphic novel should be part of that cultural tradition. In order to be a graphic novel a work should also possess some characteristics that distinguish it from other cultural objects, particularly comic books. Of course the work’s length is certainly an important factor.


It Rhymes With Lust (originally 1950, image from 2007 Dark Horse Reprint) art by Matt Baker

However there are older works that appeared before 1976 that have characteristics that distinguish them from normal comic books. For instance “It Rhymes With Lust” by Drake Weller, Matt Baker and Ray Osrin (1950) was 126 pages long and more like a pocket book in construction. Such productions would be called graphic novel precursors. The precursors may have had a spirit in common with the modern graphic novel but they were culturally dead ends which at the time had little impact. Was Simon and Kirby’s Young Allies #1 such a precursor? I think so but just not as good a precursor as others. Young Allies #1 was unique in that the entire comic was devoted to one story 57 pages long. Perhaps there were previous examples done by other comic book artists but I am not aware of them. Now 57 pages might seem much less than the 126 pages for “It Rhymes With Lust” but that is like comparing apples to oranges as the physical size of the two works are very different. The art found in Young Allies #1 was the size typical of comic books of the day, 6.5 by 9 inches. The art in “It Rhymes With Lust” was 4.5 by 6.5 inches. The total art area for Young Allies #1 was 3334.5 square inches compared to 3685.5 square inches for “It Rhymes With Lust”. The Young Allies had roughly only 10% less art. While Young Allies #1 was lengthy it was otherwise not distinguishable from standard comic books and was sold with them as well. Further it was meant for the same audience.


Boy Commandos #4 (Fall 1943) pencils by Jack Kirby

Simon and Kirby repeated the idea of a full length story in Young Allies #2 (Winter 1942). Shortly later Joe and Jack left Timely for DC and subsequent Young Allies returned to the standard comic book format of several individual stories. But Simon and Kirby had not discarded the idea of extended stories and returned to it for Boy Commandos #4 (Fall 1943). This time the cover reference was nothing more than “special invasion issue”. However it too was divided into six sections designated as chapters. Boy Commandos #4 had some single page fillers so although the Boy Commandos story occupied the entire book it was slightly shorter at 50 pages.


In Love #1 (September 1954) pencils by Jack Kirby and John Prentice

After Boy Commandos #4, the idea of a book length story went dormant but not forgotten. When Simon and Kirby created Mainline, their own publishing company, the romance title In Love declared at the top “book length love novel”. Technically this was inaccurate because the each issue contained six pages of other romance stories. But now Simon and Kirby actually called it a love novel and even included a book icon to make the connection clear. “Bride of the Star” (In Love #1, September 1954) had 20 pages in three chapters, “Marilyn’s Men” (In Love #2, November 1954) 19 pages in three chapters, and “Artist Loves Model” (In Love #3, January 1955) 18 pages in two chapters. The idea of a extended story was abandoned for In Love issues #4 to 6.


Double Life of Private Strong #1 (August 1958) pencils by Jack Kirby

In a way the idea of an extended story was still not completely abandoned by Simon and Kirby. The first issues of the Double Life of Private Strong and the Adventures of the Fly (both August 1958) included origin stories that were covered in several sections. However these sections were not named as chapters and no reference was made to their being novels or extend length stories.


Sandman #1 (Winter 1974) pencils by Jack Kirby, inks by Mike Royer

Simon and Kirby went the separate ways after Private Strong and the Fly until Carmine Infantino brought them back one last time for Sandman #1 (Winter 1974). Once again they turned to a comic length story, this time in two sections with a total of 20 pages. But comics had changed over the years and by 1974 comic length stories were not at all unusual. Simon and Kirby’s attempts to push the envelope of a comic story had been forgotten while true graphic novels would make an appearance a couple of years later.

My Two Cents

I have been reading a number of reviews of “The Simon and Kirby Superheroes”. One recent and rather nice one is from Ain’t It Cool News. There are other reviews that are complimentary but a surprising number of them comment on the cost of the book ($49.95 list, but of course much cheaper at online book distributors like Amazon). I can understand, especially in these economically trying times, that the price of a book is an important issue. What surprises me is that in all the reviews of DC Archives or Marvel Masterworks I have read not one commented on the price those volumes. Yet they list at about the same as “The Simon and Kirby Superheroes” (the Boy Commandos archive is $49.99 and the Daring Mystery Marvel Masterworks is $59.99).

I would have bought a copy DC’s Boy Commandoes archive had I not been given a copy. However I still regret deviating from my policy of avoiding Marvel Masterworks to buy Daring Mystery volume 2. Price is not the issue, or at least not the most important issue. When I buy a reprint I want to read and see the work of the original artists. Reprints based on scans provide that. Now some restorations of scans are better than others and I admit that I prefer my own. But even poorly restored scans are better than recreated art. People keep commenting to me that many of the recent reprints based on scans are disrespectful to the original artists. I find it hard to understand what could be more disrespectful than recreating the work by those artists.

“The Boy Commandos by Joe Simon and Jack Kirby” by DC

I do not believe it is out yet, but last weekend Joe Simon gave me a copy of “The Boy Commandos by Joe Simon and Jack Kirby” volume 1. The current law requires that I admit to any financial benefit that I received when blogging about published books. I am not kidding, bloggers have been prosecuted for failure report that that the publisher gave them the review copy for free. In my case I supplied some of the scans used in this book and I believe the restorations for the covers. With that out of the way, the best way to describe this volume is that if you liked DC’s Newsboy Legion archive than you will like this book, perhaps even more so. It is very much the same approach. The reprints are based on scans with the yellow page color replaced by white. The dimensions of the book required that the scans be reduced in size. Some have criticized DC’s approach to these archives and I even wished they had decided to published a larger volume so that scans could have been printed full size. However I am a big believer in the use of scans in reprints rather than the reprehensible sanitized recreations that Marvel continues to put out. The DC archive includes one story (“Satan Wears A Swastika” that I restored for “The Best of Simon and Kirby”. The version from TBoSK was enlarged so it has a distinct advantage over the one in the DC archive. Personally I prefer my version (a completely biased opinion) but I do not think the reader would be able to find any true discrepancies between the two.

The Boy Commandos were Simon and Kirby’s biggest hit for DC. While Sandman and the Newsboy Legion were prominently featured in the titles they appeared in, the Boy Commandos was the only Simon and Kirby comic to get its own title. Since the feature also appeared in Detective Comics and World’s Finest there are a lot of Boy Commandos stories. The first volume of the DC Boy Commandos archives only makes it as far as Boy Commandos #2 and Detective Comics #72 (they started in issue #64). Potentially there are a number of volumes of this archive to come. For those only interested in Simon and Kirby drawn work (and I fully understand) this is the only archive that DC has so far published that is nothing but Simon and Kirby.

There are other reasons that the Boy Commandos are special. Of all the creations that Simon and Kirby did for DC, the Boy Commandos were the only one that actually fought the Axis Powers. The war was the biggest event of the time and yet most superheroes stayed on the home front (and that included Sandman). While the Newsboy Legion did paper and metal drives, they remained residents of Suicide Slums. But in story after story the Boy Commandos confronted the greatest evil of the day. The American spirit versus the tyrannical evil in its purist form. Now some readers may find it a bit unrealistic for youngsters to fight in the war and of course they are right. But if the reader is willing to suspend their disbelief to read superheroes comics they should have no problem in doing so for boy warriors. Especially today when it some parts of the world it has become a sad fact of life. And the rewards are worth it. This is Simon and Kirby at their best. Imaginative stories full of action and humor. Something not to be missed.

Joe Simon’s Fawcett Testimony

Captain Marvel, Special Edition (March 1941) bleached page art by Jack Kirby

Not very long ago Ken Quattro (the comics detective) posted some court transcripts of testimony that was given during the DC versus Fox copyright infringement trial. This trial concerned DC’s claim that Fox’s Wonder Man was a copy of Superman. The transcripts of a number of witnesses was provided but the most surprising was that by Will Eisner. In the past Will Eisner had always maintained that, despite pressure from Fox to take the blame, he had told the court that Fox had instructed him to copy Superman. But the court transcript that Quattro obtained showed that in fact Eisner denied that Wonder Man was a copy of Superman. The transcript is a fascinating discovery that re-wrote comic book history as we know it.

The DC vs. Fox transcript brought to mind another trial, that of DC versus Fawcett. This was actually a more important case because Fawcett’s Captain Marvel was selling quite well, perhaps even better than Superman. One aspect of this lawsuit was of particular interests to me because in his book “The Comic Book Makers” Joe Simon had a chapter describing how he became a witness at the trial. I have recently had the opportunity to read a transcript of Joe’s appearance. Right up front, I want to say there were no big surprises to be found in the transcript. But in light of the historical importance of the DC/Fawcett trial I thought I would write about what the record shows.

Joe’s first appearance in court was on March 9, 1948. Under questioning from the plaintiff (DC) Joe first provided a brief description of his career. Mostly Joe dwelled on his work as a newspaper staff artist and while he mentioned the newspapers he worked for, Joe did not go into detail about the comic book publishers he had dealt with.

Then Simon was asked about his involvement with Fawcett Publications. Joe describe being contacted by Al Allard, Fawcett’s art editor. Simon was asked if he was willing to take on an assignment to put together a magazine of Captain Marvel. This work would end up being Captain Marvel Special Edition, the first time the big red cheese had appeared in his own comic book have previously appeared in Whiz Comics. Allard stated that Captain Marvel was a “take-off of Superman”.

Joe returned later with some sketches of Captain Marvel that he and Jack Kirby had drawn to show what they were capable of. Allard then introduced Joe to William Parker to supply the script. Ed Herror was also there. Joe asked Parker if they could make any changes in the script, telling him that they “were in the habit of changing script to improve the cartoon, having been writers and editors in the field ourselves”. Parker instructed Joe that they definitely could not alter the script, “they are following a definite pattern there, definite formula, and they had taken the formula from Superman”.

Joe brought the pencils for each story one at a time back to Fawcett for lettering. Afterwards they were retrieved and inked. The final inked versions were delivered by both Joe Simon and Jack Kirby. The payment for this work was done by check sent through the mail.

The above testimony was in response to questioning by the DC lawyers, DC then requested that Fawcett supply the original art that Simon and Kirby had done which had previously been subpoenaed. Fawcett did not have the art at that time and therefore questioning of Joe was stopped for the day.

The date that Simon reappeared as a witness is difficult to read on the copy of the transcripts that I saw. I believe it was either March 13 or 15. The original art that Simon and Kirby created for the Captain Marvel comic was then available. Under questioning from the DC lawyer Joe discussed the changes that had been made to the original art, which seems to have been rather abundant. From his testimony the changes had been made in both the penciled and the inked art. A copy of the published comic book was available but instead Simon would identify the changes by the art style. The most memorable change was that a rifle that in the original Simon and Kirby version was bent “so that it could shot around corners” had been altered into being bent like a pretzel. The DC lawyer produced a large photostat from the summer 1940 issue of Superman which also had a rifle similarly bent.

Joe was then cross examined by the Fawcett lawyer. First he was asked about his latest employment which was by Crestwood Publications (which in my blog I normally refer to as Prize Comics). On questioning, Simon reported that he got paid on a royalty basis. The lawyer asked to verify that if Crestwood was not satisfied with the art that Simon and Kirby produced then they do not accept it. Joe corrected that as part of their agreement they have to accept it whether they liked it or not. He added that they have never disliked anything they had done. On questioning about the characters that Simon and Kirby did for Crestwood Joe replied that the only “natural character” was Charlie Chan. He said that they had produced two issues to date but that none of they had yet to appear on the newsstands. As for other characters that Simon and Kirby produced “all others were true stories”. (At the time of this testimony Simon and Kirby were producing Headline, Justice Traps the Guilty and Young Romance.)

On questioning about other characters that Joe had previously created he mentioned Marvel Boy, Young Allies, T-Man, the Newsboy Legion and Captain America. The Fawcett lawyer seemed intent out getting Joe to describe the costume but the DC lawyer would object, sometimes successfully and other times not.

Joe was asked how long he had known Herron, Allard and Parker which in all cases was not long before working on the Captain Marvel comic. The Fawcett then proceed to question Joe about the changes to the art. The lawyer would ask Joe if there was any indication of whiteout on some panel. And Joe kept trying to explain that whiteout was not required for changes to the pencils and that he could tell what was changed by the style.

During redirect by the DC lawyer, Joe was asked about what other work he had done for Fawcett. Joe stated that while they did no more work on Captain Marvel they later did some for Wow Comics (this would by Mr. Scarlett that appeared in Wow #1).

On recross by the Fawcett lawyer, Simon was questioned about whether he had heard Mr. Herron testify to writing scripts for Captain America and Joe had answered that he was not present at Herron’s appearance. Joe was asked if he had done the art for the Sandman character from Adventure Comics #87 which he had done for “several issues”. One objection from the DC lawyer, Fawcett said that they trying to show that “he draws not only characters having these traits but he draws them for the plaintiffs”. Joe was also questioned about Manhunter.

Like I wrote at the beginning, there are no big surprises in the testimony. Joe mentioned a few times that people at Fawcett had admitted to him that Captain Marvel was a copy of Superman. Simon was not asked this directly but since he was DC’s witness I presume they were already aware of what Joe would say. In “The Comic Book Makers” Joe says that before the trial the DC lawyer “skillfully led us into the testimony he was seeking”. Another objective of the plaintiff (DC) seemed to be the reworking of the art. It was not elaborated during Joe’s testimony but I believe it was DC’s argument that these changes were made to make the art more similar to that found in Superman. The defendant’s, Fawcett, objectives seem to be to discredit Simon as a witness. Their attempts at questioning Joe about the art changes seemed to be directed at making it appear that Simon could not reliably identify the changes. The questioning about Joe’s career and the work that he had done for DC was clearly aimed at “trying to test the credibility of the witness’s testimony”. The idea being that if Joe worked for DC his testimony was biased. Surprisingly Fawcett never just asked Joe directly if he was currently doing work for the plaintiff. Had Fawcett asked that question Joe would have had to answer yes since Simon and Kirby were still doing Boy Commandos.

Simon’s testimony does provide evidence about one detail of comic book history. Sometime back I read the suggestion that Simon and Kirby’s Mr. Scarlett was done sometime before their work on Captain Marvel Special Edition. This suggestion was based on a dates provided from a second source for the Captain Marvel Special Edition and Wow #1 (in which Mr. Scarlett first appeared). Unfortunately neither comic has a proper cover date. Joe’s testimony places the Captain Marvel work before that done on Mr. Scarlett.