Variety (Dec 1939)

VARIETY PICTURES Wednesday, December 6, 1939 Rumblings That a Voluntary Trade . Practice Code May Yet Eventuate; Each Distrib on Its Own bidividually Vocal Sockers irollywood, Dec. i. Pai-amounl's 'Golden Gloves' sounds more like a .gabfest than a knuckle tournament, with 28 featured names and 84 bit play- ers in the cast, Hoster is one of the largest on the lot in six months. Would Bunch Pix Stars on One Radio Show to Curb AD-Week B.O. Inroads Withers Mono Producer The trade practice code, or what amounts to the code which the De- partment o( Justice killed last sum- mer, may yet be put to use by the film business through voluntary ac- tion on the part of each distributor, it is predicted. This appears to be the only way under which the re- forms sought by the medium of the code can be adopted in relations be- tween exhibitor and distributor. Hinted that the recent move on the part of Warner Bros, in setting lip a new merchandising policy, fol- lowed by similar action on the part of other distributors, started the ball rolling in that direction and that by the time the 1940-41 sales season rolls around additional reforms may be effected. This might include arbitration and provisions for the handling of clearance, with some ac- tivity already begun in that direc- tion. Meantime, exhibitor leaders nnd theatre owner organizations are giving support to a move concerning arbitration and clearance by openly declaring themselves for it. The important point involved is that while the Department of Justice knocked out the code, threatening the distributors as a group for hav- ing evolved it In what is legally called 'in concert' there should be no reason why a distrib can't set up his own sales policies strictly on his own. If another distrib wants to do the same, possibly with the policies varying here and there on trade practices involved, he Is supposedly within his rights to do that When the famous Thacher decree was handed down 10 years ago, it declared against the so-called Stand- ard Exhibition Contract, embodying compulsory arbitration, only because the distribs were *in concert'. Re- sult was that each distrib had to drop the form of contracts all had used and make up their own individ- ually. About the only difference as a consequence of the Thacher de- cision was slightly different wording of clauses to cover the same things nnd provisions for arbitration that were to be voluntary rather than compulsory. Under the arbitration features, if the exhibitor signed the contract with the arbitration clause to govern, he also agreed to respect the award made. Most of the distri- buters continued such a clause while others, notably RKO, has added one since the code blowup. Mistake to Sabmlt It Orr Vice Hirsch at U Hollywood, Dec, 3. J. Albert Hir.'sch. advertising man- ager at Uiiivcr.sal for five years, checked out to be a stage producer in New York. Succes!-or at U is Troy Orr, re- cently with 20th-Fox. Hughes Back To Making Pix, Names Casting Director Hollywood, Dec. 5. Fred Schue.<:sler, Selznick-Interna- tion'al casting director, joins the Howard Hughes outfit in a like ca- pacity until S-I goes back into pro- duction next spring. Hughes is preparing to put his pic- ture into work about Feb. 1. Pro- duction personnel will be announced this, week by Noah Dietrich, general business manager of the Hughes en- terprises. Theatres Cheering LaGuardia'sMove Vs. Gum-Chewers Hollywood, Dec, 6, Grant Withers lay^ aside his grease paint and becomes a full-time asso- ciate director at Monogram with the completion of his current role in the Boris Karloff starrer, 'Mr. Wong at Headquarters.' ■ . New producer Is slated to handle the Frankie Darro group and other features. JULES RACHMAN'S 2D PLEA FOR CLEMENCY Lincoln, Dec, 3. Jules Rachman, the one-time Omaha exhib who killed his two business partners, Harry and Sam Goldberg, in 1932, came up (27) be- fore the pardon board a second time to try for clemency. He is serving a 15-year sentence, and with his good time, whether thcboard acted favor- ably or not, would be eligible to re- lea.<;e in 1941. Rachman submitted a letter from ■Elmer Rhoden, Fox widwest head in Kansas City, promising employment if released. Rachman's plea was opposed by Ralph Goldberg, the surviving brother of the murdered showman, who said that the 15-year sentence was too little even without time off for good behavior. The board, after hearing his' case, deferred action, which means they don't have.to make up their minds for three months, and indicates the Campaign inaugurated last week by Mayor LaGuardia to curb the chewing gum menace in New York is something that is close to the hearts of all theatre men. Sticky wads are not only a major. source of annoyance, on pavements, in front of film and legit houses—it's these outdoor gum-tossers that Hizzoner is attempting to delete—but inside the- atres as well. Attaching chewedrout chicle to the bottom of theatre seats' is a time-honored practice, but com- pares as nothing with the the diffi- culties of getting it out of rugs after several hundred pairs of shoes have ground it in. Expense to which theatres go to remove the well-masticated Wrig- leys is exemplified by the Capitol on Broadway, which employs two port- ers who do nothing else. They work in day and night shifts, using about five gallons of an expensive chemi- cal daily in scraping the stuff off the sidewalk in front of the house. Regular cleaners on the inside of the theatre spend a good part of their time in similar work. Among important theatre men who have long taken a personal interest in schemes to eliminate careless gum-tossing is Barney Balaban. He has at various times ..Itempted what LaGuardia is now doing, starting an educational campaign. Mayor has also obtained promi.<;e of several manufacturers to print a warning on tjie inside wrapper that it should be saved for use when gum is com- pletely masticated. JANE WITHERS LINES UP UNIT FOR VAUDE Jane Withers is the late.st Holly- woodite lining up a personal appcar- .. ■ J *u.* :» - '■■>' <■■'" '"un-oits iiic ance tour. She'll personal with her decish FILM PROCESS SUIT mistake to submit the trade practices code to the Department of Justice by the distribs collectively, but since that is past history now, there is no reason why the majors cannot place 1 into effect, virtually along the same , Mary PIckford Venture Involved In lines, the provisions that the code Stockholders Squawk covered. If a system of arbitration approaching that of the code is | Application by defendants to dis- edopted individually by distribs, the j miss a suit by James C. Richards, the N. Y. end Unit's opening date will be Jan. 3, at the Circle, Indianapolis, with Akron, Youngstown and St. Louis following in that order. Interstate is al.so offering her its Texas houses, but on strictly a per- centage basis. exhibitor accounts stiU do not have to agree to it any more than an exhib had to take the code, plus arbitra- tion, if wanting to buy pictures. In view of the fact that so many exhibitors, including many leaders in exhib politics, decried the action o( Washington in bumping off the code, the distributors are believed just as nnxious to effect better relations be- tween themselves and buyers as they Jr., Lester Soman and Mildred Soman, as officers and directors ot Film Treatizor Corp., reveals an ac- tion filed in August in N. Y. supreme court. Defendants include Frank Reilly, Newman Lawler, Paul O'Brien, Dennis J. O'Brien, Mary Pickford, Mary Pickford Co. and the Film Treatizor Corp. The plaintiffs seek an accounting of profits they should have received were when they began negotiations : from a proper exploitation of their on the trade practices pact. This is exemplified by the action of. War- ner Bros., Metro, Paramount and 20th-Fox, plus RKO so far as its lengthy arbitration agreement, in granting relief right on top of the failure to get the code past the De- partment of Justice. They didn't have to do this, it is pointed out. .Others which have not-granted an Increased exclusion privilege or com- mitted themselves on other points Eucb as score charges, forcing of chorls, etc., still do not have to do anything except that 'what one com- pany does a competitor will ulti- mately be forced to match,' it is ob- served. Sherman Rides Again Hollywood, Dec. 25. Vincent Sherman, who recently piloted 'The Return of Dr. X,' drew a new director contract at Warners. Next job is 'Teddy Roosevelt and His Rough Riders.' product, which cleans film and is non-inflammable. It is claimed that Mary Pickford, by virtue of control- ling two-thirds of the voting stock, and by neglecting the corporation's affairs, has almost put it out of busi- ness. As stockholders, and officers of the company, the plaintiffs feel that this neglect has resulted in severe losses to them. Ingster Directs at RKO Hollywood, Dec. 5. Boris Ingster, former screen writ- er, signed as director for RKO, with Before the Fact' his first chore. For several years he had been a scripter on the 20th-Fox lot Hays Back East Will Hays, who went to the Coast early last week, is due back in New York this week to make preparations for the final quarterly meeting of the Motion Picture Producers and Dis- tributors Ass'n board of directors. Fourth quarterly session of the di- rectorate is set for Dec. 13. ARRIVALS ' David Rose, Tilly Loscb. Joseph P. Kennedy, Other News Pertaining to Pictures American film firms revamp foreign production plan Page 12 Metro, Paramount to resume production in England. .. Page 12 New Aussie pix tax severe.... Page 24 Screen Guild show renewed Page 24 Radio reviews: Maureen O'Hara, Noel ■ Coward-Maurice Chevalier, Jack Buchanan, Al Pearce Page 26 Oboler seeks Cagney Page 37 AGVA's basic agreement for. vaude Page 43 Otto Preminger sues Ruth Selwyn ...Page 50 Cantor's colored musical ,.,' , Page 51 Hollywood-Broadway pact fomenting breach among drama- tists Page 51 Joe Schenck Sold Fox, Biomberg, Freiday's U Trading, S.E.C. Reports Washington, Dec, 3. More slock peddling by Joseph M. Schenck highlighted the latest Se- curities and Exchange Commission report today (Tuesday) on market operations of .film company insiders. Rest of the picture transactions were pretty minor. In five batches, the 20th Century- Fox board chairmen let go 3,000 .shares of his company's $1.50 pre« ferred during October, the Federal agency revealed. Pruned his wad to 15,284, in addition to 110,043 pieces of common. Biggest deal, Oct. 26, in- volved 1,300 tickets. Only other substantial ' trading was in voting trust certificates of Universal Corp. Nathan J. Blum- berg added 800, raising his pile to 4,000, while William Freiday shifted from a holding company to his own account 1,500 and grabbed another 100. Gives him 2,900. Report showed that H. P. Farrlng- ton of New York unloaded 1,700 shares of Trans-Lux Corp. common, keeping 100; Robert W. Perkins of New York picked' up his first 500 shares of Warner Bros, common; "Thomas P. Loach of New York got rid of 7 shares of Pathe common, leaving him with 11; and Loew's ac- quired another 258 shares of Loew's Boston Theatres. Belated statement showed that Hugh G. Davis of New York, new Monogram board member, holds no stock in the company. 'ANGELS' DELAYED IN JLMaiT,jm^ASKS77G Los Angeles, Dec, 5. Columbia filed a $77,359 suit against the Arch-Rib Truss Co., Ltd., and the Smith Bros. Trucking Co. for damages sustained through delay in contracting a set for the picture^ 'Only Angels Have Wings.' Filmr company charges that negligent op- eration of a boom wrecked part of the set and held up production. Listed among the added expenses are $7,812 to Cary Grant for five ex- tra days, and $7,500 to Jean Arthur for nine days. Largest item is $50,- 000, estimated loss in delaying re- lease of the picture nine days. Hollywood, Dec. 5 Harry Brandt, ITO prexy, here to talk with major studio execs on a concentrated radio program for the Industry. Has been on a nation- wide tour to regiment sentiment among exhibitors against the Ncely bill in the next session ot congress. He contacted some 750 theatre opera.i tors in 15 cities, and the majority .share his viewpoint on film buying. He said all they ask is proper clear- ance and an opportunity to buy prod- uct on a fairly competitive basis in the open market. Brandt's suggestion on radio is to bunch the stars in one show weekly so as to prevent a seven-day spread, competing with their own picture.s. NW Squawk Minneapolis, Dec. 5. Back from a Chicago conference to discuss ways and means of fight- ing radio appearance of screen stars more effectively, president W. A. Steffes and other Northwest Allied leaders plan to file further protests with heads of major distributing companies. Independents here claim that radio is becoming more severe opposi- tion and that they're losing patrons heavily during the nights when film luminaries head ether program.s. Special rental concessions will be sought from the companies who.<!« stars 'are the worst offenders,' ir» indicated. Brandt on Radio, Neely St. Louis, Dec. IS. Another blast against the Neely bill and the producers who permit their stars to appear on radio pro- grams was delivered here last week by Harry Brandt, prez of the Inde- pendent Theati'e Owners of New York, en route to the Coast where he will continue fight to bar radio en- gagements of film stars. Brandt told members of the MPTOA, of Eastern Mi.ssouri and Southern Illinois that pa.<:sage of the Neely bill probably will create an artificial shortage of screen fodder and. also will result in an upping of rental charges. Brandt asserted there is no genu- ine merit to the bill from the stand- point ot indie operators but ho warned that, unless continuous vigi- lance is maintained by theatre operators, the bill might slip through Congress, Screen stars, Brandt said, are losing their popularity because of radio appearances and the theatre operators who pay high rental prices for films in which these stars appear are the losers. Brandt was "voicing—the-sentimenls-of—the-local- organization which has long fought the use ot screen stars on air pro- grams. Fred Wehrenberg, prez of the local MPTOA, was one of the first exhibitors to squawk to the studios on this score. AL JOLSON READIES SPRING MUSICAL U.S. Housing Indirectly An Aid to Film Theatres Washington, Dec. 5. Film theatre construction and modernization has been stimulated by the New Deal slum clearance pro- gram, although such properties are aided only indirectly by ti>e Federal Government, U. S. Housing Admin- istrator Nathan Straus claims. Chek- up on the aftermath of huge public outlays to provide low-cost mass housing showed exhibitors anxious to cash in on trade from new neigh- borhoods. According to the survey, five new houses worth $354,000 have been erected in the vicinity of low-rent projects. In addition, outlays total- ing $20,000 were made to dress up four existing theatres. Al Jolson flew back to Hollywood Monday (4) after a weekend trip east to huddle with Vinton Freed- ley on his new stage musical. Looks likely that the mammy- singer will do the show this spring. Martin Freed, his mu.sical director, accomped him both ways. Pommer Bows at RKO Hollywood, Dec, 5, First American production by Eric- Pommer under his deal with RKO is 'One of Six Girls,' a yarn by Vicki Baum, Maureen O'Hara gets the top ?pot. Kanin Producing Till Leo McCarey Improves Hollywood, Dec. 5, Gar.<:on Kanin doubles as producer and director on 'My Favorite Wife* at RKO until Leo McCarey recovers from his auto crackup injuries. Picture two days late on the get- away. L. .A. TO N. Y. Ntll F. Af:new J.ours ('nlhtei>n' J. Cheever Cowdln HefTina Crewe Freil FlnltollinfTQ DavIO FranhllD .lunn Unle Harry W. U<>«iz wmiam Ooeta HowarU HnvvhR rtufutpl Holman Muriel Hulohlnmn r.^ulH Tlyman Orry Kelly Alexniulor Korrta Dick ^Inrvln John Monkn r>>uifi rhiiiipif Geo Palmer T'ulnam David Rackln Ceoree Uaft Murray SMverfl<'n« J.nu t'iinUh Anna Stpn Ornnn \VclI« N. Y. to L. A. Ru.<.iii:ll nirilwell <■>. II. BllKKH Hrynn X'"oy Afiiiiin Ki'4>e4l l>«vlrt Tlanim Al Jolson W. Bay .lohnMlon Sol r..>.i«oc Vehiidl ,M«nuhli Munle Vro>!cr Avch .«:fil\vyn A\mte Torrltnl