Boxoffice (Jul-Sep 1939)

ARNOLD WON'T CHANGE RDUNG ON TRADE PACT; WASHINGTON DESCRIBES ISSDE AS "DEAD DDCK" Strict Legal Approach Is Aimed at "Monopoly," Real or Fancied Plam ^aik 0 0 By EARLE A. DYER WAsraNGTON — Any appeal which may be directed to Thurman Arnold to alter his opinion on the code on the ground, yet to be demonstrated, that a majority of exhibitors want it or something like it is expected to fall on deaf ears. As a lawyer and official of the department of justice, it is pointed out here in informed quarters that Arnold is not, and cannot be, concerned with the wishes of a majority in any industry, film or otherwise, but rather with monopolistic practices, whether actual or otherwise, applied by, or to, a minority. This is viewed as the strictly legal approach and, in connection with it, it is declared here lawyers for the major companies in New York certainly ought to be aware of it and, in the doing, any appeal to Arnold for a re-consideration on any but lines in consonance with the law is futile and a complete waste of time. Tire basic factor influencing Arnold, of course, is his belief that the August 10 edition of the code is reared on an illegal industry structure and thus cannot be condoned by the department. It is further pointed out that the assistant attorney general obviously cannot change his decision for this reason without stultifying the government in its all-industry suit. For these reasons, reliable Washington opinion concludes the code is completely a “dead duck.” Frederick Wood Likely Counsel for Schine Buffalo — Frederick H. Wood of Cravath, de Gersdorff, Swaine & Wood, New York legal firm, most likely will be retained by J. Myer and Louis W. Schine as defense counsel in the government’s anti-trust suit against the circuit with Willard C. McKay, New York counsel for the circuit, assisting Wood. The Schines have been mulling over such names as former Federal Judge Thomas D. Thacher of the Southern District Court of New York and Louis Nizer of Phillips & Nizer and executive secretary of the New York Film Board of Trade. Thacher, who is a member of the firm of Simpson, Thacher & Bartlett, has been actively engaged by Paramount for more than a year on the all-industry suit in addition to representing the distributor on other important cases and it is felt his services cannot be secured at this time. (Continued on page 38) Hollywood is on the upbeat. Definitely so. That, briefly., sums up the findings on a three-week visit to the various production lots in the studio city. While we were there every lot was bristling with activity; even on the smaller independent production stages. And that activity seems to be continuing with more production in progress than in many a moon; and each company has many pictures finished far ahead of release date. That, too, is a healthy sign. Hollywood is still Hollywood in many respects, but it is a wiser as well as older Hollywood. It is learning its lessons and it is beginning to heed them. It has begun to listen to outside of Hollywood and it has begun to supply what exhibitors and pubHc have been asking for. A new element of showmanship and merchandising sense has entered upon the scene. Men with experience in the retail end of this business are now part and parcel of picture making. The result is evidencing itself in some of the current attractions and in the already-finished productions for the new season. The cry for new personalities seems at last to have been heard. There are several startlingly fine new discoveries on the horizon. And they are being launched with care, well-groomed for starring careers by proper casting in vehicles with mass audience appeal; and, in addition, a more sensible buildup is being employed for these new boxoffice potentials. In the crop of early releases for the new season already completed there is a greater variety of story and type of production than has been the case in the recent past. Unless there is a later juggling of release dates the cycle period seems to be over. This is not to say that there will not be a timing of pictures with events and activities that are seasonal. But better judgment in the timing of such releases is indicated in initially set release dates. It is to be hoped that these schedules will be maintained throughout the new season. The big picture is more in evidence than in many a season heretofore. Not only big from the standpoint of cost and magnitude of production but in every way that the word implies. And the second string of product also has shown marked improvement in recent weeks. We saw much of both in the many previews we attended on the coast. We mentally recorded the winners and it is gratifying to see how well they are clicking in pre-release runs. From all indications — current productions in their initial runs, those finished for early new season release, those now shooting and many others readying for early production — it would appear that the motion picture will this forthcoming season reach the renaissance period in its history. That has been predicted before. But, based on actual deliveries rather than on promises, the outlook is that encouraging. So we repeat: Hollywood is on the upbeat. In its delivery of a goodly proportion of entertaining, mass-audience appealing product lies the answer to many of the industry's problems. That's basic. The rest of the job is up to those who have to sell that product to the public — to merchandise it to get the greatest returns from it. 4 BOXOFFICE :: August 26, 1939