The Exhibitor (Jun-Oct 1939)

7 Schine Circuit, Majors Named in New Gov’t Suit Department of Justice Announces Action Washington — The Department of Justice announced August 6 that an equity suit would be filed August 7 in the Federal District Court for Western New York against the Schine circuit and the majors. The defendant exhibitors, according to the an¬ nouncement, were to be Schine Chain Theatres, Inc., Schine Circuit, Inc., Schine Theatrical Com¬ pany, Inc., Schine Enterprises Corporation, Schine Chain Theatres of Ohio, Inc., Schine Lexington Corporation and Chesapeake Theatres Corporation. The distributors, that the department said would be named defendants, were Loew’s, Inc., Radio-Keith-O'rpheum Corporation, Universal Pictures Company, Inc., Universal Film Exchange, Inc., 20th Century-Fox Film Corporation, United Artists Corporation, Columbia Pictures Corpora¬ tion, Warner Brothers Pictures, Inc., Vitagraph, Inc., Paramount Pictures, Inc., and Paramount Film Distributing Corporation. The suit, the department said, would be simi¬ lar to that brought on April 2 8, 193 9, against the Griffith Amusement Company and associated com¬ panies operating in Oklahoma, Texas and New Mexico. "This suit asks,” the statement continued, "that the exhibitor defendants be dissolved and their properties rearranged under several separate and independent corporations in such manner as to create competitive conditions and prevent further violations of the Sherman act.” "This proceeding,” the department’s statement added, “is designed to break the monopoly con¬ trol exercised by the Schine theatre organization in the exhibition of motion pictures in parts of New York, Ohio, Kentucky, Maryland and Dela¬ ware . . . Because of the control of this chain of a large number of theatres it is able to make blanket contracts for all desirable pictures for all its theatres without competing with local independent exhibitors.” NLRB Split Seen Washington — A split within the National Labor Relations Board widened last week with the disclosure that the newest member, William M. Leiserson, declined to sign an amended complaint alleging eight major motion pictures com¬ panies were violating the Wagner act. Board revealed that Chairman J. War¬ ren Madden and Edwin S. Smith August 1 issued a new .complaint charging the film companies were discriminating against employees who belong to the Screen Writers’ Guild, Inc. Actors Back AAAA In Inter-Union Battle Hepburn, Hayes Support Group Atlantic City — As the AF of L met here this week, blasts came from various stars defending the Associated Actors and Artists of America, the AF of L parent body of actors, in its fight against the move of the stagehands union to organ¬ ize all performers in the country. Katherine Hepburn and Helen Hayes were two who led the fight for the AAAA, while a delegation of stars was due here from Hollywood by plane to attend the AF of L council session August 10. The AAAA wants the council to nullify the IATSE action in chartering the American Fed¬ eration of Actors, the group led by Sophie Tucker. Meanwhile, an internal battle in the Theatrical Managers, Agents and Treasurers Union resulted from the decision of the executive board, after members had disapproved, to name a committee to confer with George Browne, IATSE head, here on the possibility of the TMAT affiliating with that body. The TMAT motion picture division has approved affiliation, with a charter from the IATSE, and it was reported that Browne was considering a charter for that division alone. Meanwhile, in Hollywood a strike by Holly¬ wood actors was threatened by Ralph Morgan, Screen Actors Guild president, to force the IATSE to recognize the Guild’s position as sole spokes¬ man for cinema actors, following a strategy con¬ ference of the SAC steering committee and board of directors, attended by Edward Arnold, Ann Sheridan, James Cagney, Franchot Tone, William Henry, Jean Muir, John Garfield, Dudley Digfes, Olivia De Havilland. (For more union news see page 10). John Ferguson Passes New York City — John Ferguson, father of Metro’s William R. Ferguson, died August 3 at his home in Lynn, Massachusetts, at the age of 92. He is survived by another son, Kenneth J. Ferguson, and a daughter, Mrs. Walter Whitmarsh. Para-Odeon Deal London — Negotiations are under way for leasing by Paramount Pictures, Inc., of most of its theatres in England to Odeon Theatres, Ltd., of London, of which Oscar Deutsch is managing direc¬ tor, it was indicated last weekend. Business Spurts Upward To Best Takes in Weeks Summer Slump Is Kayo’d As Better Pictures Come New York City — With the advent and continuing of "better pictures,” the Main Stem socked the summer slump for the proverbial loop, to go into the pre¬ fall spurt with vigor. The complete report to The Exhibi¬ tor follows: "BEAU GESTE” (Paramount) — At the Para¬ mount, opened August 2, with Phil Spitalny and His All-Girl Orchestra on stage, did $11,000 on the opening day, with $9,500 on the second, and $25,000 more on Friday, Saturday, and Sunday. "EACH DAWN I DIE” (Warners) — At the Strand, opened July 20, with Eddie Duchin and His Orchestra headlining the stage show, did $1 8,500 on the Friday, Saturday, and Sunday of the third week; good. "FOUR FEATHERS” (United Artists) — At the Capitol, opened August 3, did, according to report, the house’s best business in months. "GOODBYE, MR. CHIPS” (Metro-GoldwynMayer) — At the Astor, opened May 16, was ex¬ pected to do $11,000 on the 12th week. "I STOLE A MILLION” (Universal) — At the Globe, opened Saturday, August 5, did $4,050 on Saturday and Sunday, the biggest take in months. "IN NAME ONLY” (RKO'-Radio)— At the Radio City Music Hall, opened Thursday, August 3, with stage show, did $60,000 on Thursday, Friday, Saturday, and Sunday; very good. "OF HUMAN BONDAGE” (RKO-Radio) — At Loew’s Criterion, opened August 2, is expected to do $9,500 on the week, best in a long while. "THE PORT OF HATE” (Metropolitan) and "SOUTFIWARD, HO!” (Republic) — At the Central, opened Saturday, August 5, did $1,100 on Saturday and Sunday; fair. 'STANLEY AND LIVINGSTONE” (20 th Century-Fox) — At the Roxy, opened August 4, with stage show; did $31,723 on Friday, Saturday, and Sunday, to top everything except "Alexan¬ der’s Ragtime Band” and "Jesse James.” "THEY SHALL HAVE MUSIC” (United Art¬ ists) — At the Rivoli, opened July 2 5, was ex¬ pected to do $17,500 on the second week. Columbia Men Meet New York City — Columbia division managers were in town last week for a series of conferences with President Jack Cohn and general sales manager A. Mon¬ tague, Nate Spingold, and assistant sales manager Rube Jackter on the exploita¬ tion for "Mr. Smith Goes to Washing¬ ton.” Following the sessions, the conferees adjourned to Montague’s cruiser for a sail, later a steak dinner ashore, with Montague as the chef. CIO Certification Delayed New York City — Because the IATSE refused to give its consent, stating that it had jurisdiction and no one else, in¬ formal hearings before the State Labor Relations Board on petition from the CIO ushers, doormen and cashiers union, for certification as a collective bargain¬ ing agency in RKO houses, was delayed last weekend. No consent election can be held until formal hearings are sched¬ uled. ♦ August 9, 1939 THE EXHIBITOR QUAD.