Variety (Apr 1949)

PICTURES Wednesday^ April 6, 1949 1 'Bad Bo/ Not So Cood $11,000, Cleve.; 'Set-Up' , 17G,'Game'Smash 25G Cleveland, April 5. "Take Me to Ball Game" switch- ing Loew's State back to straight film policy, is displaying heltiest pitching form this week. Variety Club's heavily ballyhooed .benefit flttst-night showing of 'Bad Boy got it rolling but it's only okay at Allen. "Set-Up" looks good at Estimates for This Week Allen (WB) (3,057; 55-70)-"Bad Boy" (Mono). Barely okay $U.OOO. Last week. "Walking Hills" (Col.), smart $15,000. . ^ ^„ . • Esaulre (Community) (700; $2.40) —"Red Shoes" (EL) (15th wk). Nice $7,000 after $7,200 last week. * Hipp (Waifner) (3,465; 55-7(^)— "Kiss in Dark" (WB) Just okay $17,000. Last week, "Johnny Be- linda" (WB) and "Sierra Madre (WB) (2d runs), $17,500. Palace (RKO) (3,284; 55-70)- "Set-Up" (RKO). Good $17,000 or over. Last week, "Dear to Heart (RKO), $15,500. State (Loew's) (3,450; .55-70)-- *'Ball Game" (M-G). Smash $25,000. Last week, "Cheated Law" (Indie) and Jack Carson stageshow with Marion Hutton, Robert Alda, stout $32(000. ^ DO(Hr SWINGS WIDE IN DENVER, $15,000 Denver, April 5. Intermittent snow here failed to deiit biz greatly although it did cut into some spots. "Knock On Any Door," big at the Broadway, is giv- ing this house its best week in months. "Red Canyon" also is nice at three spots. "Volpone" shapes strong enough to hold at Vogue, Estimates for This Week Broadway (Cinema) (1,500; 35-74) —"Knock On Door" (Col). Big $15,- 000. Holds. Last week, "Act of Murder" (U) and "Countess Monte Cristo" (U), (3d wk-5 days), $3,000. Denham (Cockrill) (1,750; 35-74) "Nick Beal" (Par) and "Dynamite" (Par) (2d wk). Fair $9,000. Last week, $11,000. Denver (Fox) (2,525; 35-74) "Red Canyon" (U) and "Ladies of the Chorus" (Col), day-date with Webber. Nice $14,000. Last week, "Wake Red Witch" (Rep) and "Christopher Blake'-' (WB), big $17,500. Esquire (Fox) (742; 35-74)—"Dear Secretary" (UA) and "Rose Yukon" (Rep), day-date with Paramount Fine $3,000. Last week, "Wake Red Witch" (Rep) and "Christopher Blake" (WB), fine $3,000. Orpheum (RKO) (2,600; 35-74)— "Set-Up" (RKO) and "Strange Mrs. Crane" (EL). Not up to hopes, but still good at $12,000. Last week, "Dear to Heart" (RKO) and "Gun Smugglers" (RKO), fine $16,000. Paramount (Fox) ^2,200; 35-74) "Dear Secretary" (UA) and "Rose Yukon" (Rep), also Esquire; Trim $11,000 or near. Last week, "Last Days Pompeii" (RKO) and "She" (RKO) (rfeissues), good $9,000. Webber (Fox) (750; 35-74)—"Red Canyon" (U) and "Ladies of Chorus" (Col), also Denver. Nice $2,500. Last week, "Wake Red Witch" (Rep) and "Christopher Blake" (WB), fine $3,500. 'Pacific' Shows Way In BuffJ17,000:'Beal'14G Buffalo, April 8. "Canadian Pacific" is showing the way here this round, with nice session at the Buffalo. "Nick Beal" also:is good at Great.Lakes. ' - Estimates for This Week Buffalo (Loew) (3,500; 40-70) — "Canadian Paciflc" (20th) and "Texas, Brooklyn" (UA). Nice $17,- 000. Last week, "Ball Game" (M-G) and "Bad Luck Blackie" (Col) (2d wk), solid $11,000 in 5 days. Great Lakes (Par) (3,400; 40-70) —"Nick Beal" (Par) and "Own True Love" (Par). Good $14,000. Last week, "Kiss in Dark" (WB) and "Homicide" (WB), $15,000. Hipp (Par) (2,100; 40-70)— "Johnny Belinda" (WB) and "Sier- ra Madre'' (WB) (2d runs). Fancy $9,000. Last week; "South of St. Louis" (WB) (2d wk), big $7,000. Lafayette (Basil) (3,000; 40-70)— "Knock On Door" (Col) and "Blondie's Big Deal" (Col) (2d wk). Down to $10,000 after wow $20,000, over hopes, on opener. Century (20th Cent) (3,000; 40- 70)—"The Set-Up" (RKO) and WASHINGTON (Continued from page 12) (2d wk). Strong $7,000 in 5 days after terrific $11,000 last week. National (Heiman) (1,600; 44-74) 'This Is N. Y." (UA) and "Texas, Brooklyn" (UA). These double features not so hot, doing only $5,000. Last week, "State Dept. File 649" (FC), stout $8,000. Palace (Loew's) (2,370; 44-74)— Mother Is Freshman" (20th) (2d wk). Dropped to $10,000 after dis- appointing $16,000 opener. Playhouse (Lopert) (432; 50-85) "Sleeping Car Trieste" (EL). Hefty $6,000. Last week, 'Sara- band" (EL) (3d wk), so-so $3,500. Warner (WB) (2,164; 44-74)— 'Kiss in Dark" (WB). Lure of Oscar-winning Jane Wyman not paying off too well, with only $15,- 000 in a days. Last week, "Red Pony" (Rep), mild $11,000 In 6 days. SEATTLE (Continued from page 13) week, "Atlantis" (UA) and "S.O.S. Submarine" (SG), $7,700. Fifth Avenue (H-E) (2,349; 50-84) —"Family Honeymoon" (U) and "Clay Pigeon" (RKO) (2d wk). Okay $8i500 in 10 days, after great $13,000 last week. ^ ^ ^ Liberty (Ind) (1,650; 50-84)— "Knock On Door" (Col) and "Lone Wolf and Lady" (Col) (3d wk). Still flrie at $7,000. Last, week, good $8,r 700. Music Box (H-E) (850; 50-84)— "Mother Is Freshman" (20th) and "Alaska Patrol" (FC) (4th wk). Good $4,000 after $4,800 last week. Music Hall (H-E) (2,200; 50-84)— "Boy Green Hair" (RKO) and "Gun Smugglers" (RKO). Slow $7,000. Last week, "Joan of Arc" (RKO) (3d wk), very good $6,500 at $1.25 top. Orpheum (H-E) (2,600; 50-84)— "Kiss in Dark" (WB) and "Flaxy Martin" (WB). Mild $8,000 in 9 days. Last week, "Red Pony" (Rep) and "High Fury" (UA), good $8,500, state finals in Talent Quest one night helping. Paramount (H-E) (3,039; 50-84)— "El Paso" (Par) and "Michael O'Halloran" (Mono). T»assaWe $9,- 000. Last week, "South St. Louis" (WB) and "Jlggs, Maggie in Court" (Mono), moderate $7,800. Roosevelt (Sterling) (800; 50-84) —"Johnny Belinda" (WB) and "Sierra Madre" (WB) (2d wk), Good $4,500 on return date. Last week, $5,200. LOUISVILLE (Continued from page 12) "Clay Pigeon" (RKO). Nice $14,- 000. Last week, "Wonderful Urge" (20th) and "Mine Own Execution- er" (20th), $15,000. State (Loew's) (3,000; 45-65)— "Ball Game" (M-G) and "Golden Eye" (Mono). Solid $19,000. Last week, "Knock On Door" (Col) and "Blondie's Big Deal" (Col), niildish $12,000. Strand (FA) (1,000; 45-65)— "Last Days Po*npell" (RKO) and "She" (RKO) (reissues). Surpris- ingly brisk $6,000. Last week, "Station West" (RRO) and "Dis^ ney Cartoon Carnival' (RKO), neat $5,000. SEE SIMPFS DETROIT TEST STALLED INDEF Detroit, April 5., The $8,000,000 triple-damage anti-trust action filed here by the Society of Independent Motion Pic- ture Producers last year, with con- siderable fanfare, against Para- mount's United Detroit theatres and Cooperative Theatres of Mich- igan is now becalmed with little prospect of an early ti;ial. Tiie case cannot go to bat until all eight indie producers show up in this town and submit to examina- tion before trial. So far, only one of them, Walt Disney, has done so, and theire is no indication that the others are readying for a similar quiz. David O. Selznick, for instance, one of the plaintiffs, is heading for Europe in the spring and may not be back in the U. S. for many months, maybe two years. Several others have made several trans- continental treks without stopping off for their quiz. Under court pro- cedure, no trial can be had with- out firt complying with the exami- nation procedure. Order for the quiz was made five months ago. Since then, dates for appearances of these indies were set several times, but on each ocr casion were put off. Among the still-missing are Samuel Goldwyn, Walter Wanger, Edward Small, Benedict Bogeaus, Hunt Strom- berg, William Cagney and Selz- nick. Marvin L. Faris, SIMPP exec, has had his examination along with Disney. Case was much heralded iRS. a test of the right of producers to book pix without claimed monop- oly Interference. But it now looks as though the test won't come for a long time. Herb Yates Continued from page 4 Nassers-UA Continued from page 3- It is understood they are willing to pay Miss Pickford her entire $2,700,000 share in cash^ so that Chaplin can exercise the option he holds on her stock, but want to make a: better deal with Chaplin for his end of the company. Chap- lin holds the Pickford option until next Monday (11) but can - get v a 10-day extension if he desires. - Hopes of making an arrangement for Chaplin to - take a smaller amount of cash than Miss Pickford were said to have been so . strong when Wiesenthal left New York last week that there was possi- bility of an . agreement being reached by the end of this week. In the meantime it appeared that the offer of Si Fabian and Ted Gamble to buy the company if they could obtain a firm option was gor ing by the board. With interest in the greater quantity of cash which was apparently obtainable from the Nassers, Miss Pickford and Chaplin seemed to be giving Fabian and Gamble the brush. Edward Nassour, who is also inter- ested in obtaining the ■ company, stallments. Quarterly payments Will be at 25c per share. He re- fused to predict when common stock divvies could be made in the face of persistent questionings Rep's outstanding . bank loans, now reduced to $1,200,000^ would be completely paid off by Novem- ber, Yates said. Company is pay- ing $175,000 monthly until the loans are cleared. Interest on the loan runs 5%. ■ True to form, stockholders ques- tioned Rep's head closely on tele- vision prospects. Republic is not in television and won't go in until it can be paid well, Yates replied. "I think that is a matter which may develop within the next six months," he added. Tele is not profitable now as evidenced by a top of $7,500 being paid by spon- sors 'i^r.15. minutes, of - film pro- gramming. Rep's expenditures for the first 12 weeks of 1949 are $101,217 lower than the equivalent period of '48, Yates said In pointing up company economies. Rep will hold the line for the rest of the year. In; 1946, expenditures were $14,179,000, he notedj in '47 they were pulled down to $10,430|000, while those in '48 were only $6,780,468. Management expects to close a^ deal for the sale of Molding Prod- ucts Corp., company subsid, some time this month after extended ne- gotiations. Price would be $850,- 000, a figure authorized by stock- holders last year. The non-theatri- cal outfit made $100,000 during '48. "Wake of the Red Witch" is "practically the biggest picture ever distributed by the company,'' Yates said. He sees a $3,000,000 do- mestic gross for the film and an added $1,000,000-$1,500,000 from overseas. Pic's negative cost was $1,150,000. Yates said his original salary has been cut drastically. It previously ran to $75,000 In salary and $100,- 000 in expenses. Figure now is: $37,500 salary plus the $100,000 ex- penses. Edwin Van, Pelt, veepee of the Chemical Bank & Trust; Douglas T. Yates, son of the prez and vee- pee of the foreign wing; Edward L. Walton, Coast gales chief, and John Petrauskas, Jr., treasurer, were elected directors for a three- year term. Ue Stuff-Pictures Harold Russell's book, "Victory In My Hands," which was released March 15, is stirring considerable comment in the trade through iti sharp needling of Samuel Goldwyn. The armless vet, who won an Oscar for his performance in "Best Years Of Our Lives," reveals that he was originally Infced by (SoldiKyn's former eastern talent scout Miriam Howell, for $500 per week, which was later torn up for a $250 per week pact plus $100 for living expenses. After the film was com- pleted, he was ticketed for 52 weeks at $420 per week with four six. month option periods. Later he was offere^l a $1,500 per week post as a CBS commentator to pinch hit for Ifate Smith, but the Goldwyn office, Russell claims refused to let him go until it was too late. Russell was finally signed up by the William Morris agency for a lucrative personal appearance tour, but quit after one week at the Oriental, Chicago, to join up at speaker, for the Anti-Defamation League. The book was written in' collaboration with Victor Rosen. Life mag will initiate a series of off*the-record round tables next Week to guide its editors' in a study of the film industry which it will publish next summer. Eric Hodgins, former publisher of Fortune and author of "Mr. Blahdings Bulldi His Dream House," will be moderator of the discussions and coordinate the opinions expressed into the final Teeoff session next Tuesday (12) will be lield in New York with critics presenting their .-views. Sessions will follow with producers, directors and writers In Hollywood, with exhibitors in Chicago, with a typical film audience in some midwestem town and with a group of ^'thinkers" —sociologists, psychologists, philosophers, etc., in New York.; Life has previouslyi.done similar round-tabled articles on "The Fur> suit of Happiness," "Modem Art" and "Housing." Squawk has been registered by 20th-Fox on use of the title "Quick- sand," for the Mickey Rooney-Sam Stiefel film now in production for United Artists release. Fox claims interference with the label "Sand," on which it holds a priority with the Motion Picture Assn. of America title registration unit. Matter may go to arbitration, with the result hinging on 20th's ability to show that it has under way and has spent coin on the "Sand" production. Paramount made pix tagged "Sand" back in 1920, "Quicksand" in 1918 and "Quicksands" in 1928, while Lewis J. Selinlck made another likewise .called "Quicksands" in 1923. No present-day protection It claimed on any of these, however. Eagle Lion is pulling a new publicity angle in connection with the preem of "Tulsa" in Tulsa next week by hiring the local newsreel rep to picture the various events in connection with the opening. They: Include a lengthy parade, a 12-hour square dance, decorations and banners throughout the town, etc. EL's plan in getting pix of it all is to turn out a trailer for use in other cities; Idea is to get penetration outside the area of the effect of the preem. In Tulsa for appearances In the trailer will be players Susan Hayward, Robert Preston and ChlU Wills, as well as producer Walter Wanger and director Stuart Helsler. Paramount is sendixig Into release next week a nine-minute short starring Alan Ladd and moppet Mary Jane Saunders to plug 11 of Its forthcoming pix. Film, which is being offered to exhibs for free, it similar to product pitches issued by Par last year and the year before. Pic bears little resemblance to a trailer, but rather purports to be « view of what's going on at the studio through the eyes of little Mary Jane, whp, incidentally, takes the original Shirley Temple role in Par's forthcoming remake of "Little iSliss Marker"—"Sorrdwful Jones." Ladd narrates the film, whicli shows a brief scene from each picture. The U. S. film industry, described as "the greatest instrument for swaying minds that man hat ever created," was urged to throw Its weight behind peace at last week's session of the Unitd Nations Edu- cational. Scientific & Cultural Organization In Cleveland. Dr. Jaime Torres Bodet, UNESCO director general, asked the American delegates, "Why not try to persuade your studios to turn out a series of films, explaining how ignorance imprisons man; how Ignorance of ofher coun- tries' ways creates political tensions which might be avoided if all men made an honest attempt to understand each other.": RKO, Par Decrees as Club Continued from paf4 I ; "The Hunted" (Mono). Not so big | was still in New York this week, at $10,000 or near. Last week,, but was awaiting the outcome of ■"The Plunderers" (Rep) and "An-i the Nasser negotiations before Sel oh Amazon" (Rep), $10,500. I jumping in. ■LYNCH'S 30TH ANNI FETE Albany, April B. Some 400 industryites showed up at a testimonial dinner tendered George V. Lynch, Schine circuit film buyer; Monday (4) at the Ten Eyck hotel here. Pete honored Lynch's completion of 30 years In the business. Sir Ccdric Hardwicke, stage and film star* emeeed. ; privileges were made than were granted; or that the independents in these situations were so con- vinced of their inability to survive a bidding contest with an affiliated theatre that few such requests were made. "In either case, the failure of these defendants to employ com- petitive methods of distribution In more than a fraction of the situa- tions where affiliated flrst'run the- atres faced other firstrun theatres, is convincing proof of the need for divorcement relief to create a com- petitive film market. ^. . "The inferior boxofflce per- formance of the independents' films Is concededly In part a result of their cheaper cost. But their cheaper cost is also a necessary result of their lack of competitive access to that part of the market which yields the critical revenue, All of the defendants' testimony as to the high cost of their pictures and . theatres, as compared with those of the independents, shows only that their illegal conduct has put them in a position where they may now be able to continue, to dominate the market by possesion of superior financial resources alone." The brief added that if the three majors escaped the divorcement to which Par and RKO agreed in their consent decrees, the follow- ing would be the result: "1. The competitive advantage resulting from the leverage on the film market now exercised by Loew, Fox and Warner as a result of their integration would be sub stantially increased. "2; In the areas where theatres: of Fox, Loew and Warner Wt' in I competition with RKQ or Far» mount that leverage could be used to prevent any substantial cpmpe- titlon from the new RKO and Paramount theatre companies. ■ "3. The Important areas domi- nated by the firstrun theatres of Fox, Warner and Loew could not be penetrated competitively by the films of the new RKO and Para- mount picture companies. "4. In short, the effect of with- holding divorcement relief as to Fox, Loew and Warner would tend to nullify the competitive benefits of the relief already granted against Paramount and RKO- "Withholding such relief would also tend to prevent effectuation o( the consent judgments of Dec. zi. 1948, as to Fox and Warner. Mpls. Lower House Kills^; Local Stele Tax " " Minneapolis, April 8. Although recommended by i" legislative committee, the Minnfl- sota state legislature's lower house killed a bill to permit municipali- ties to impose amusement a«™'': sion taxes up to 20% in event oi the federal law's repeal. ■ ine measure was bltteriy fought oy theatre interests. , _ Adverse vote came shortly alter a fighUng speech against it by Kep- L. Haeg who argued that it calieo for an unsound policy and declareo the remedy lies in a decrease w government costs. i.w. Previous to killing the measure, the House approved an amendmem to require referendums o"/"*,,,- mission tax In any municipanw with a home rule charter, fi- Paul a year ago defeated municijiial admission tax.