Boxoffice (Oct-Dec 1940)

The Decree as Viewed by Myers For the Allied Membership REVIEW FLASHES ESCAPE (M-G-M) — Ethel Vance's novel, upon which this is based, was one of the more popular fictional contributions to the literary cycle exposing conditions in Hitlerized Germany. As such, its picturization might have been considered a hazardous venture because of the boxoffice fate of some so-called anti-Nazi films. There need be no apprehension regarding "Escape" as a motion picture. It is, first and last, a magnificent production, incorporating in superlative form every element to assure wide appeal to all who seek the best in screen entertainment. Nor was this accomplished through compromising the book's basic theme. The liberty-stifling cruelties of the Nazis are ever-present, but so excellently is the feature produced, directed and enacted, that they become a mere background for a supreme photoplay. Directed by Mervyn LeRoy; produced by Lawrence Weingarten. MAYERLING TO SARATEVO (SR) — Further French dissection of the Hapsburg dynasty, translated into film terms, emerges as an interesting period piece, costumed and "atmosphered" skillfully. A tale of royal intrigue wound about the archduke who would rather marry the woman he loves than make a royal match. John Lodge, Edwige Feuillere. Director: Max Ophuls. ONE NIGHT IN THE TROPICS (Univ)— An ambitiously projected musical with a Caribbean background, this slipped a cog somewhere along the way and missed fire. Story shortcomings and A. Edward Sutherland's heavy-handed direction fail to capture the required Latin atmosphere, and the musical score composed for the picture by the renowned Jerome Kem is likewise disappointing. Allan Jones, while in fine singing voice, relinquishes the acting honors to Robert Cummings. Leonard Spiegelgass produced. TEXAS RANGERS RIDE AGAIN (Para)— As action-freighted western fare this stacks up as the genuine article. A story of modern and large-scale cattle thievery down in the Lone Star State, it has what it takes to rustle coin at the boxoffice among sagebrush addicts and the general run of patronage alike. The Texas Rangers, streamlined and up to the minute, bag the villians via short wave radio to add a breath of novelty to the proceedings. James Hogan directed. Complete reviews on the above pictures will appear in an early issue. Advancing Admissions For "NWMP" Showings New York — Pre-release key engagements of “North West Mounted Police” have been so successful that exhibitors are volimteering to advance admissions on the film, according to Neil F. Agnew, Paramount sales manager. On the basis of the advance playdate grosses, he is confident the film will be the company’s biggest money picture in the past 12 years. To Remove Conflicl With Stale Laws (Continued from page 16) a submission, in the form and executed in the manner prescribed by the Administrator, which shall provide in substance that such complainant submits the controversy to the arbitration and undertakes to abide by and to comply fully with whatever final award may be entered therein. Any exhibitor or distributor who intervenes as a party in any arbitration proceeding as provided in the Rules of Arbitration and Appeals, shall file with the Clerk of the Arbitration Tribunal a submission, in the form and executed in the manner prescribed by the Administrator, which shall provide, in substance, that such intervener submits to the arbitration and undertakes to abide by and to accept whatever final award may be entered therein. Representatives of the Department of Justice, duly authorized in writing, shall be permitted reasonable access during regular office hours to all books, ledgers, accounts, correspondence, memoranda and other records and documents in the possession or under the control of the Appeal Board, of the Arbitration Tribunal, and of the Administrator, which relate to the arbitration system and to the arbitration of claims and controversies under this decree. XXIII. Jurisdiction of this cause is retained for the purpose of : (a) Enabling any of the parties to this decree to apply to the Court at any time for such orders and directions as may be necessary or appropriate for the construction or carrying out of this decree, for the enforcement of compliance therewith, and for the punishment of violations thereof; (b) Enabling any of the parties to this decree to apply to the Court at any time for a modification of this decree in order to conform it to any Act of Congress enacted after the entry of this decree; (c) Enabling any consenting defendant to make any application to the Court referred to in any provision of this decree; (d) Enabling any of the parties to this decree to apply to the Court at any time more than three years after the date of the entry of this decree for any modification thereof; (e) Enabling any consenting defendant to apply to the Court at any time more than three years after the date of the entry of this decree, to vacate this decree, or any modification thereof, or to vacate or modify any provision thereof, on the ground that under the economic or competitive conditions existing at the time of such application, this decree or any modification thereof, or any provision thereof, is inappropriate or unnecessary, or oppressive or unduly burdensome, regardless of whether or not such economic or competitive conditions are new or unforeseen. The right of each consenting defendant to make any such application and to obtain such relief is expressly reserved by them and is hereby expressly granted. Whenever obligations or prohibitions are imposed upon the defendants by the laws of any State or by rules or regulations made pursuant thereto, with which the defendants by law must comply, the Court, upon appication of the defendants, or any of them, shall from time to time enter orders relieving the defendants from compliance with any requirement of this decree in conflict with such laws, rules or regulations, and the right of the defendants to make such applications and to obtain such relief is expressly granted. Any application by any party to this decree under the provisions of this Section shall be made in open court upon notice to all of the other parties to this decree, and each such party, upon such application, shall have the right and privilege of requiring the production of witnesses upon whose testimony such application is sought or opposed, and of examining and cross-examining such witnesses in accordance with the rules of the Court. A Profit This Year New York — Heywood-Wakefield seating company’s net for nine months ended September 20 is reported at $178,604. The same period last year produced a net loss of $138,402. (Continued from page 14) theatres in each district. The language is too broad to require that the separate deals as to each district must be made within the district. Circuit deals can still be negotiated in New York or at the headquarters of the circuit. But the deals must be separate and one may not be conditioned upon another. Controversies arising upon the complaint “of an exhibitor thereby affected” may be arbitrated. It can only be supposed that an affected exhibitor would be one who sought to compete with the circuit for the product and failed. In any case, the power of the arbitrator extends only to the making of a finding as to whether the provision has been violated, and, if he so finds, the imposition against the offending distributor of a penalty of $500 to be paid into the arbitration fund. This provision becomes effective with respect to features released after August 31, 1941. Selling on Some Run A matter of grave concern to exhibitors in some territories has been so-called exclusive selling; i. e., their inability to buy pictures on any run. The difficulty in providing a remedy for this abuse is that the bars may be let down so far as to require the licensing of pictures to nontheatricals and fly-by-nights. The provision as written is perhaps as good as could be devised. Again, there is no present sanction in the law for fixing the terms upon which a run may be granted. The authors have attempted to curb the power of the distributor to prevent the granting of the run by merely demanding exorbitant terms. Their solution of the difficulty was to provide that the terms shall not be “calculated to defeat the purpose of this section.” In barest outline, the provision is that no distributor shall refuse to license its pictures for exhibition in an exhibitor’s theatre on some run (to be designated by the distributor) upon terms to be fixed by the distributor (not calculated to defeat the purpose of the section), if the exhibitor can satisfy “reasonable minimum standards of theatre operation” and is “reputable and responsible.” unless the granting of such run “on any terms” to the exhibitor for such theatre “will have the effect of reducing the distributor’s total film revenue in the competitive area in which such exhibitor’s theatre is located.” The burden of proof of showing that the granting of a run will reduce the distributor’s total revenue rests upon the distributor. An exhibitor may arbitrate his claim that he has been refused a run contrary to the section. If the finding is in the affirmative, the arbitrator may make an award “directing the distributor to offer its pictures for license to the complaining exhibitor ... on a run to be designated by the distributor and upon terms and conditions fixed by the distributor which are not calculated to defeat the purpose of this section.” A distributor against whom an award has been entered may institute a further proceeding to be relieved of the award on the ground that the granting of the run has had the effect to reduce its total film revenue in the competitive area. This section becomes effective when the decree is signed. Nicholas Schenck Flies to Hollywood on Fall Visit Hollywood — Nicholas M. Schenck, head of Loew’s and M-G-M, arrived here Wednesday by plane from New York on his regular fall visit to the studio. He is expected to remain here a week and return to New York via the air lanes. 250 in Greater N. Y, Play "London Can Take It" New York — More than 250 theatres in the Greater New York area are now showing “London Can Take It” simultaneously. According to the local Warner exchange, it is the first such instance on record. The subject is a one-reeler narrated by Quentin Reynolds, reporter for Collier’s Weekly, now in England. BOXOFFICE : ; November 2, 1940 17