Variety (Apr 1949)

nCTCRBS Wedneeday, April 13, 1949 Mills. 400-Seater Shuts Out Par s Gant Deluxer in Bid for 'Ball Game Minneapolis, April 12. The independent World is re- ported as having guaranteed M-G-M $10,000 rental and JO veeks minimum, playing time for "Take Me Out to the Ball Game Proves Nothing? The moral of "City Across the River*'' UniVersal's juvenile delin- quency pic currently playing the Gapitol on Broadway, isn't V'hich will play the 400-seat house , making much of a dent on the instead of the Paramount circuit's ; gangs of kids flocking to the early- ..OOO-seat Radio City which bid un- , ^^.^^he^SyTd hCd! successfully for the film. , j^^^ gjgjj. g classroom riot, the Deal is considered a result of j ,.Qugh.tough juves in the audience the consent decree. With the ex-1 on opening day began whooping ccption of three first-run pictures "Kin the teach', kill the teach'," a year ago at the liyeeum, legit roadshow house, and the reissued "Gone With the Wind" at the same theatre, this is the only time in years that M-G-M has sold away from the Paramount circuit down- town houses here. Since dissolu- tion of Par and RKO pool and an unwritten agreement regairding product division, RKO has had no Metro product in its two local the- atres. During the pool M-G prod- tact also spotted only into pafa«iount houses. Explanation for the "Take Me Out to the Ball Game" deal is that the World's "competitive bid" was considered more desirable than that of the Paramount circuit, "Red Shoes" is now in its eighth week 4t the World where it's be- ing roadshown at. $2.40 top. REMARQUE SUES ENT FOR 'ARCH' PAYMENT Los Angeles, April 12. Erich Maria Remarque, novelist, ftled suit for $50,000 against Enter- prise Pictures, charging breach of Censoring of Drew Pearson's references to _;Brooklyn ■ in- hia prefatory remarks, incidentally, leaves unchanged the landmarks within the film which obviously point to where the action occurs. M-GFu-sttoShow Upped '48 Profit 'Variety' Sues SWG ssge contiBUtd from pat* i mam resolution barring its members from advertising In any and all trade papers. The Guild's spleen against another trade paper—not weekly or Daily Variety — t was supposedly the maiP Iffeifisoft for this action by SWG. Before filing suit. Variety con- sulted Thurman Arnold, viho gave the publisher of both papers a de- tailed opinion ; why he (Arnold) thought the Guild was acting il- legally. Within that same year, 1948, the Screen Writers Guild re- tained the Arnold, Fortas & Porter law firm of Washington, D. C, in its own currently pending litiga- tion against the major film studios, the producers association, et al., tor alleged conspiracy and re- straint of trade. Judge Arnold, even While he was being consulted by the Guild and its house counsel, MOnis Cohen (Kenney & Cohen), pointed out that the SWG was siting the stu- dios on the same issues of "free- dom of thought and freedom of ex- pression" for which ; Variety is now suing the Screen Writers Guild. As new counsel for the Guild. Judge Arnold could not act I for Variety, ; which was . this First official gain in profits to i paper's original intention. At the be registered by any major com- same time. Judge Arnold reiterated pany in the present year over 1948 has been turned in by Metro. Bearing out the industry's convic- tion that the panic is -over and profits for '49 will go ahead of '48, Metro has announced a 28-week take of $4,117,117 for the period ended March 17. The net repre^ * Oscars at the B.O^ Since 1928 Whatever kind of "artistry" it Is that an Academy award stands for, It generally goes hand-in-hand With lM)xo0ice. That Is evident from the rtudy of past winners of the Oscar for "Best Production." Comparison of the Acad's choice each year since the first award was made in 1928 with Variety's annual summary of top-grossing films, reveals that the Oscar-winner was generally at the head or near the head of the b.o. list. That point is seen as significant in current hot discussions of "art" versus "commercialism'' in films, growing out of Acad prexy Jean Hersholt's recent swipes at the studios and the majors' subsequent withdrawal of financial support for the awards. Hersholt declared that some execs wanted the Oscars discontinued because they desired "t« make commercial pictures, unhampered by considerations of artistic excellence." Complete list of Oscar-winners for "Best Production" indicates how closely allied are Acad honors and b.o.: 1928, "Wings" (Par), "Sunrise" (Fox). 1929, "Broadway Melody" (M-G). 1930, "All Quiet on the Western Front" (U). 1931, "Cimarron" (RKO). 1932, "Grand Hotel" (M-G). 1933, "Cavalcade" (Fox). 1934, "It Happened One Night" (Col). 1935, "Mutiny on the Bounty" (M-G). 1936, "The Great Ziegfeld" (M-G). 1937, "Life of Emile Zola" (WB). 1938, "Can't Take It With You" (Col). 1939, "Gone With' the Wind" (Selznick-M-G). 1940, "Rebecca" (Selznick-UA). 1941, "How Green Was My Valley" (20th). 1942, "Mrs. Miniver" (M-G). 1943, "Casablanca" (WB). 1944, "Going My Way" (Par)* 1945, "Lost Weekend" (Par). 1946, "Best Years of Our Lives" (Goldwyn-RKO). 1947, "Gentleman's Agreement" (20th). his positive opinion that Variety was acting within its rights and, of course, he Will not participate in defending the SWG in this suit. Although the alleged abuses by the SWG in barring its members | from advertising in Variety and I DAILY Variety and/or any other sents a slight but significant ad-1 . , nflnf.r<! date back to 1940 nvor tho jSa BHfi 74.1 QPnr«iri trafle papCTS, OdlC OdLK lO laiv vance over the $3;886,745 scored by M-G for the first half of fiscal '48. Announcement is regarded cumulative evidence of the indus- try's upswing. In the smaller com the reason for delaying, legal ac- tion until now was not .only the war but also postwar considera- tions. ■ Proposed'Code' Refused Among the"considerations" ad- Committee to Pkk Oscars-New Idea : Trade interest has been stirred to some degree in the plan of re- verting to selection of Academy award winners, by a committee, in- stead of continuing the present method of voting by Acad mem- bers. Scheme: is seen as a lot more fiexible and satisfactory for pub- "Arch of Triurabh " i ^^^^ ^^^'^ Republic showed i vanced by both papers is the de-1 u,, relations purposes — and the Plaintiff ripclarpi the first of five « VroRt before taxes, of $413,800 cision not to sue for specific dam- i oscars are viewed as a prime pub- $10,000 installments, due last Jan- uary, has not been forthcoming. Dieterle's 3 in Italy; 1st to Be in Director William Dieterle dis- closed that he made a deal for three pics in three years with Italian distributor and financier Ferruccio Caramelli shortly before leaving for Europe on the Queen EliMbeth last night (Tues.), Car- amelli also in New York, departs homewards tomorrow (Thurs.) to prepare the ground for Dieterle's Initialer for him, "Stromboli," which will roll at Stromboli in the middle of May. Pic will star 'Italian actress Anna Magnani with dialog in English. While working on "Stromboli," Dieterle plans to shoot the ex- ages, despite the monetary losses \ jjg relations stunt—in that many entailed. A sympathetic considera- tion by Variety and Daily Variety as regards a proposed "Code of i Ethics," after considerable and for its first quarter. Twentieth-Fox, Columbia and Universal are also reliably reported set to release im- proved quarterly reports for the current period. In Metro's instance,^ the bigger j considered conferences with the take is directly attributable to a Guild, its counsel and sundry of successful conversion to less costly product. This is attested to by the disclosure that the company's gross sales and operating revenues are down to $55,455,000 for the 16 weeks ended March 17, against $59,127,000 for the equivalent stretch last year. No figures were aired for the first 12 weeks of the half-year period. 'Equivalent earnings on icommon stock were 80c. per share against 75c. in ..'48. Operating profit be- fore taxes or reserve for contin- gencies and depreciation came to $10,935,845 against $10,433,649 in '48. Reserve for Federal taxes amounted to $2,783,810. With its half-year report in. teriors for a film which he's sched- i Metro now appears certain to beat uled to do for Hal Wallis at Para- i its 1948 net. That total was $5,309,- mount in September. This pro-1 659, which means that Metro needs ductlon will be completed in Holly- less than $1,500,000 for a full six wood. Accompanying:. Dieterle to ! months to turn the trick. Europe was his production aide, | ' "———— JL. Victor Stoloff. Caramelli has also wrapped up a financing deal for a Burt Lancaster starrer to be made in Italy by Harold Hecht and Frank Ross. 2 New Sexers Due its officers and board members, achieved little beyond stalling the legal clarification of this issue. Variety even presented a letter detailing its compromise proposals to the general membership. Al- though several of the SWG of- ficers and board members were sympathetic to the idea of ameli- orating its relations with the trade press—'a relationship in which the plaintiff papers took the initiative although, by the Guild's own ad- mission, the advertising tabu was not aimed at either weekly Variety or Daily Variety — the rank-and-filers rejected the pro- posal. The communique from Variety would have proposed an arbitration method, including a "code of fair trade practices" to be worked out by both sides, but that too was rejected. tr...:. Whe.fi Variety originally pro- posed . to list the comparative losses in advertising suffered by both papers since the boycott, at- PROD. B.R. NO PROBLEM { oiHcially had observed that ".such a victory would mean the destruc- tion of the Guild." What Cohen meant was that-a favorable verdict more factors can be taken into ac- count by a committee than by the general membership. Idea is currently being pushed in New York by Lester Cowan, indie producer who for some years was exec director of the Academy. He has contacted and enlisted ten-j Pulitzer Prizes S Cantinued Troni' page 1: s been made that an outside agency - make the awards, instead of peo- ple with a personal interest in the outcome. Pulitzer committee iins been mentioned as a natural be- cause of the prestige which its prizes have long held in the field of newspaperdom, literature and the theatre. Pulitzer advisory board, on its Own initiativei considered the idea of film prizes two years ago. Dean Ackerman disclosed. Plan was voted down at that time. In view of that, he explained. It will not be considered again unless a formal request is made from important sources. He indicated he'd be highly pleased to present the. rec- ommendation to the advisory board if he received such a pro- posal. Board, consisting of newspaper tative support from a flock of top editors and publishers from cities NAT HOLT nNDS INDIE Two new sex pictures are about to go into release. Stanley Meyer Is handling one, "Sally and Bob," , , v hile Neil Agnew-Charles Casa- ' complete Chances for an indie producer to obtain financing are "better than ever" now ^ providing he watches his operating expenses. That is the opinion of indie Nat Holt, who proved his point this week In New York by lining up financial backing for nave's Motion Picture Sales Corp., is handling the other, "Sins of the Fathers." Meyer is son-in-law of Universal pre.vy Nate J. Blumberg and for- merly with United Artists Theatre Circuit. It is underetood he plans to states-right the film. Agnew and Ca.sanave will handle their own cli-stribution via regional sale.s of- ifict's they have set up. Alee Moss, former; exploitation chief for Para- mount and pub-ad topper for three more pictures he plans to shjDot in the next year-and-a-half. First money is coming from east- ern banks, Holt saidi with the second coin coming through the for Variety would entail treble damages, court costs, and would make the Guild, its officers and directors individually liable for the money damages, since it was Variety's thought at the time to name them all co-defendants. The Guild, however, continued to re- fuse to negotiate. Variety and Daily Variety then elected to file .suit and limit the action to an in- industryites Cowan, is also pushing for exhib participation, in the Oscar selec- tions and to that end has been in telephonic huddles with Arthur Lockwood, prexy of the Theatre Owners of America. Lockwood, in Boston, said this week that he was not sure enough of the feasi- bility of the plan to comment as yet, but would take it up with the TO A exec committee and board. In any event, it is' likely that Lockwood will meet with Acad prez Jean Hersholt when the lat- ter arrives in the east next month. Cowan is setting a confab for them, as well as meetings' by Hersholt with other industryites. > Cowan's pitch is for a committee of 15 or 18, with each of the Hol- lywood groups—producers, direc- (Continued on page 24) N. Y. law firm of Feiring & Bern-[ junction Without damages, against stein, which also backed produe tion of his late.st film, "Canadian Pacific," now in release by 20th- Fox. Each of the trio will be budgeted at $800,000, same as "Pacific," with the first to be lensed in Cinecolor and the other the Screen Writers Guild, Inc., only. In bringing suit Variety is aware that.if it wins it will only be a symbolic victory, for obviously no lawsuit can. force anybody to ad- veftise.. But Variety wants to pre- Howard Hughes, is associated with " Technicolor. Holt's present ] serve the freedom and . privilege MPSC on "Fathers" on a per- centage arrangement and will han- dle exploitation and publicity. Grandpappy of the sexers so far as gross goes is "Mom and Pop," which is handled by Kroger Babb!s Hygienic Productions. It has been playing for a number of years to 1 j^ont^h tremendous biz in towns through- ' out the Ctountry. Separate per- formances are given for men and women and a lecture accompanies the showings. It is expected that both these policies will be followed by Meyer and MPSC. contract with 20th calls for that company to distribute two of the three, but release plans for the third haven't been linalized. Two earmarked for 20th release are "Fighting Man," starring Ran- dolph Scott, which rolls next on a southern California location and at the 20th studios, and "Caribou Trail," In which Scott will also star and which will be lensed during July and August in British Columbia, Third of the trio is "Santa Fe," which Holt has scheduled for 1950. of the turndown by whomever it solicits, or whomever it tries to do business with. , Variety doesn't want to be re- strained from doing business by the dictatorial mandate of any or- ganization. Europe to N. Y. J. Cheever Cowdin Sam Eckman, Jr. Ed Perkins Gregory RatofF Harry Alan Towers N. Y. to L. A. Mrs: Eddie Cantor Jed Harris Katherine Hepburn William Howard Henry JafTe George Joy Lawrence Langner Gunther Lessing Mort Lewis Anthony Mann Armina Marshall Ken McEldowney Harold Mirisch Gregory Ratoff Jean Renoir Maxwell Shane Charles Simonelll N. Y. to Europe Monty Banks Mr. & Mrs. Robert Casadesus Harold Clurman Everett Crosby William Dieterle Gracie Fields George Freedland Florence George Maria Hightower Alfred Junge Fmile Littler Joe Magee David Nlven Ivor Novello Watterson Rothackcr : Raymond Gram Swing Q. I. Woodham-Smith throughout the country, is sched- uled to meet in New York April 28 and 29 to make its annual selec- tions.. They will be announced May 2. L. A. to N. Y. Irving Allen Lemuel Ayers Curtis Bernhardt Art Cohn Valentina Cortesc Paul Douglas Billy Kckstine Charles Einfeld Dale Eunson Glenn Ford Andre Hakim Arthur Hornblow, Jr. Cy Howard John Huston Al Jolson Austin Keough Al Lichtman Walter MacEwen Arnold Manoil Ernst Matray James K. McGuinness Otto Preminger . . E. M. Roberts Wynn Rocamora Mike Romanoff . Adrian Scott Jack Segasture Henry Senber Sam Shain Al Shenberg Anne Shirley Murray Silverstone . Andy Smith, Jr. Victor Stoloff Arnold Saint Subbcr Franchot Tone Spencer Tracy Arthur Treacher. Paul Valentine Kippee Valez Hal Wallis STILL HERE Henry Morgan