Boxoffice (Jan-Mar 1941)

Newsreels Are Fair, Hays' Message Says New York — Without departing from the canons of scrupulous fairness and good taste, the newsreels have “brought home to us the horrors of war and I think they have contributed in no small measure to America’s determination to support right and justice, but to remain at peace unless we are attacked. By bringing us news and information and knowledge, they have greatly widened our horizons and better equipped us to fulfill our responsibilities as thoughtful citizens. This is one of the great merits of a free screen.’’ Will H. Hays is speaking of “Motion Pictures in 1940-41.” It is the MPPDA president’s annual message to the industry in Film Facts, annual statistical publication of the MPPDA. Discussing some of the current economic aspects of the industry in the American scene, Hays declares there are 9,187 towns with theatres in operation and out of each quarter paid at the boxoffices of about 17,000 houses an average of almost 17 cents remains in the community. “In total,” he states, “this means that movies are responsible for the expenditure of $650,000,000 annually in American cities, towns and hamlets everywhere. This is $2,000,000 every business day.” In Detail on Investments Hays dwells in detail on the industry’s investment in theatres and the position it occupies as a customer for steel, stone, lumber, furniture, printing, etc., and points out it is one of the heaviest taxpayers of the nation, contributing levies annually of approximately $250,000,000. He also observes science has found the motion picture a useful adjunct, that education has discovered the film is “an animated blackboard,” and that “all business recognizes it as a salesman without limits of territory.” In conclusion, Hays has this to say: “During the season the industry took its place with all others in our land to promote and expedite national defense so that we shall be ready, if such a tragic attempt ever should be made, to defeat any attack on our free institutions. This voluntary cooperation between all of us, between government and industry, transcends any selfish or partisan interest. It is another manifestation that our nation stands resolute and united. This spirit and this active participation in the defense efforts are our soundest security for the future.” Washington— While Will H. Hays places theatre grosses at $650,000,000 annually preliminary figures of the census bureau released this week place the 1939 total at $673,045,000. Approves "Lash" New York — “The Lash of the Penitentes” has been approved by the National Board of Review. After previously being rejected, Imperial Pictures of Boston complained, and a revision was ordered and then approved. Arthur J. Homans and Vincent Hart represented Imperial. Moves and Counter Moves Mark Posen ”U” Suit New York — Two applications in Samuel I. Posen’s stockholder suit against Universal featured the court news of the week, with ten officers and directors of the company first filing an appeal to the appellate division of the supreme court from an order of Justice Charles B. McLaughlin of the supreme court ordering their examination before trial. Second move was an application by Posen, a director of the company as well as the plaintiff stockholder, to examine Willard S. McKay, former general counsel of Universal before trial. The company, its officers and directors are being sued for an accounting, with Posen charging that over $2,000,000 was lost through waste and mismanagement. Removal of the responsible officers is also sought. Federal Judge William O. Bondy ordered the examination before trial of Charles Rogers and Mary Pickford in connection with a $300,000 breach of contract suit against them by Arthur T. Michaud and James V. Peppe, Rogers’ former managers. It is claimed the orchestra leader breached a ten-year managerial contract at the insistence of his wife, Miss Pickford, who offered to secure him either an acting or a directorial position in Hollywood. Seek $75,000 From Warner Alvin R. Harnes, physician, and Howard A. Gray, film research man, filed suit in (t " ~ ■ ft The AAA Gets Going ; Names Arbitrators New York — While not complete, the AAA has named partial arbitration panels in most of the 31 tribunal centers. Buffalo, New York, Philadelphia and Washington panels appear on pages 21 and 22. Here is where the interested reader will find the others: City — Page No. Atlanta 72 Boston 61 Charlotte 72 Chicago 38 Cincinnati .59 Cleveland 59 Dallas 72 Denver 36-A Des Moines 46 Detroit 59 Kansas City 46 Los Angeles 36-A Memphis 72 Milwaukee .... 38 Minneapolis 46 New Orleans 72 Oklahoma City 72 Omaha 46 Pittsburgh 59 Portland 36-A St. Louis 38 Salt Lake City 36-A San Francisco 36-A J the federal court against Warner seeking damages of $75,000 for allegedly misappropriating an idea of theirs for a picture. The Warner film involved is “Dr. Ehrlich’s Magic Bullet.” The company has filed a general denial to the suit and asked for a dismissal. RKO filed a general denial in the federal court to a $100,000 action against it by Helen Twelvetrees in which the actress seeks an injunction against “I’m Still Alive,” claiming the film is based on the story of her life with her former husband. Freeman H. Owens, inventor, filed a federal court suit against Bell & Howell Co., claiming infringement of a patent for photographic cameras. An injunction, accounting of profits and damages are sought. Warner filed a denial in the federal court to Thomas Carlton Upham’s suit in which the plaintiff claimed “Mayor of Hell” was based on a story of his. The company states the film was based on a story by Islin Austen, called “Junior Republic,” and the screenplay was written by Edward Chodorov. Warner also claims that, since the film was made in 1933, plaintiff is guilt of laches. A dismissal is asked. The circuit court of appeals upheld Federal Judge Edward A. Conger and denied a plea of Harry G. Fromberg, trustee in bankruptcy of Grand National, to remove James A. Davidson, trustee of Educational Pictures. Fromberg claimed Conger erred in refusing to allow him to vote Grand National’s claim of $966,745 in favor of Sidney Abrams as trustee. Trial of Joseph M. Schenck, chairman of the board of 20th-Fox, and Joseph H. Moskowitz, eastern representative of 20thFox for alleged income tax errors was postponed to March 3 by Federal Judge Alfred C. Coxe. Matthias Correa, newly appointed U. S. attorney for the southern district of New York, will try the case, which is presently being revised with several of the charges being dropped in accordance with recent decisions of the treasury department. Producer Seeks Revision Of "Baker's Wile" Pact New York — Phillips & Nizer, representing Raphael Hakim, French producer, has filed suit in federal court against “The Baker’s Wife, Inc.,” for a revision of contract, an accounting and return of all prints and advertising matter outstanding. Other defendants are Joseph Malcolm, Nat Sanders and Joseph Gilbertson. The plaintiff, who produced “The Baker’s Wife” and sold it to the defendants in December, 1939, says he modified the contract in July, 1940 and again in November of the same year. There have been a number of breaches in the modified contracts, the plaintiff holds. The court is asked to terminate the deal as of February 1 when Hakim, through counsel, notified sub-distributors of his desire to regain control of the film. BOXOFFICE :: February 22, 1941 N 20-A