The Film Daily (1940)

"Sift* V* DAILY Friday, March 29, 1940 LOEW'S INDEBTEDNESS! End of Blind Selling, Limited Block IS SAID $16,081,000 Booking Said in D of C Consent Plan (Continued from Page 1) indebtedness of $16,081,000 and no current outstanding loans. The indebtedness consists of $3,750,000 in 2% per cent notes maturing in 1944 and payable at the rate of $375,000 semi-annually beginning Feb. 1, 1940. In addition, the answers state there is outstanding $12,331,000 in 3Y2 per cent sinking fund debentures, maturing in 1946, for the purchase or redemption of which semi-annual payments of $375,000 are being made into a sinking fund. There are 4,000,000 shares of common stock authorized, with 1,665,713 outstanding and also an authorized issuance of 300,000 shares of $6.50 cumulative preferred stock with 136,722 shares outstanding. Loew's employs 12,281 persons, divided into 4,881 in production, 2,283 in distribution and 5,117 in exhibition. All other answers dealing with figures were made confidential. {Continued from Page 1) NO IATSE WALKOUT CALL IN PHILADELPHIA New England Allied Exec. Calls for Neely Pressure (Continued from Page 1) hibitors, Howard wrote that it was "up to you to get busy and defeat this campaign by pointing out to your Congressmen that the preservation of the independent exhibitors, with their home-owned theaters, is more important to the welfare of their constituents than the protection of the monopolistic practices of the motion picture trust." $2,500,000 Budget Planned for 20-Fox "Brigham Young" (Continued from Page 1) Ameche may play Joseph Smith to Dean Jagger's Brigham Young. Others in the cast will include Jane Darwell, John Carradine, Dorris Bowden; another lead will go to either Mary Astor or Kay Francis, it is reported. Talent Unions to Defer Tele Scale Establishment stood to contain provisions for the elimination of blind-selling, restrictions on block-selling via provision for possibly maximum units of five or six trade showings in each exchange district, mandatory leasing by districts and other "reforms," will get to first base, however, still remains anybody's guess. Proposals Said Second Draft It is reported that the proposals now being studied by the majors, defendants in the suit, represent a second draft, the first being found unsatisfactory several weeks ago. They supposedly embody the views of industry executives who have, for more than a year, been Department of Commerce callers from time to time. It is further emphasized here that more than defense acceptance is necessary to make the proposals the basis for a consent decree. Approval of the Department of Justice, of Federal Judge Henry Goddard, assigned to try the case, and, at least indirectly, of the indies whose complaints support the Government's case — all are as essential. It is understood that the present proposals make no mention of divorcement, avowedly primary objective of the suit. The Department of Justice's reaction to that omission is not indicated. In sounding the projected Code's death knell on Aug. 17 last, Arnold reaffirmed the position that divorcement must be obtained. According to sources close to the newest moves looking to a settlement of the suit, the key to the proposals is found in the arbitration provisions, which, it is understood, provide for designation by the American Arbitration Society of panels of neutral arbitrators in each exchange district. A single arbitrator probably would be assigned to each dispute. For Appeal Board of Three The contemplated setup, it is reported, calls for a three-member arbitration appeal board, to be appointed by the Court, who also will designate the chairman. Under the system said to be suggested, exhibitors entitled to arbitrate under the terms of the consent decree, should one materialize, may require the distributor to arbitrate by notifying the district arbitrator board. Provision is made, it is understood, for appointment of a neutral arbitrator by the board chairman should the parties to the dispute be unable to agree.. "Teeth" are said assured by provision for arbitrator authority not only to award costs against either party or to apportion them but for penalization in the form of liquidated damages. The exhibitor found by the arbitrator to have instituted proceedings for their "nuisance" value would face penalization similarly under the proposed plan, it is reported. Drawn on Code Concessions It is understood that the proposals embrace, in at least substance, many of the concessions which were features of the trade code, adoption of which was vetoed by Thurman Arnold, Assistant Attorney General in mid-August. These, presumably, would include forced selling of shorts, newsreels and trailers, guarantees against separate score charges, provision for cancellation of pictures deemed locally objectionable, etc. It is also proposed, it is understood, that contracts specify any preferred playing time and that commitments shall hold competitive restrictions to clearance. Sales contracts, it is understood, would contain clauses making mandatory arbitration by distributors of disputes arising from alleged unreasonable clearance, over-buying and contentions that prior runs are delaying playdates. Presumably, discriminatory charges by indies against ch'cuits also would be subject to arbitration, but informing sources profess to lack definite information. (Continued from Page 1) has been making an extensive study preliminary to setting up workingconditions and rates to govern tele performances. $7,500 More for Alger Federal Judge William Bondy yesterday granted George W. Alger, former special master in RKO proceedings, $7,500 as a final allowance for services in that matter. Alger previously received $34,500 in ad interim allowances. Artkino In New Offices Artkino Pictures, distributors of Soviet films for North and South America, have leased space on the 10th floor of the Powers Building, 723 Seventh Avenue, and are moving into their new offices today. 100 Bookers Attend Dinner for Max Factor at Chicago Chicago — More than 100 bookers from Chicago and nearby territory, attended the testimonial dinner at the Congress Hotel, to Max Factor, Great States booker, who has joined the Pioneer Theater circuit, as assistant to Prexy Harold Field. The boys presented Max with a desk set. Among the out of town bookers present, were Rolland Viner of the Anderson circuit, Russell Hurt of the Alger Theaters, Sam Traynor of the Bailey chain and Harry Grampp of the Hainline circuit. Harry James, United Artists booker, presided at the dinner. Windsor Cleric Turning Producer; $100,000 B. R. Washington Bureau of THE FILM DAILY Washington — Claiming $100,000 financing pledged for the venture, the Rev. R. Anderson Jardine, British cleric who married the Duke and Duchess of Windsor, plans to turn film producer. Tentative title of first pix is "Miss Spiritual America." The cleric says he will discuss a plan to produce in the East with Mayor LaGuardia in New York next week. 1,417 "GWTW" Dates Addition of 30 "Gone With the Wind" engagements yesterday brought the total to 1,417 in 1,288 cities. (Continued from Page 1) is unknown, although confabs are still being held. However, it has been decided definitely by the IATSE that any move on their part to strike members would be inequitable to their contracts with the Waiflr circuit. Circuit Execs, and Exhibs. at Luncheon for Pasternak (Continued from Page 1) seven hits, discoverer of Gloria Jean and the man who re-established Marlene Dietrich as a box office attraction. Introduced by William A. Scully, general sales manager, Pasternak spoke briefly, saying that without the company's co-op from exhibs., his work would have meant little. He said he wasn't going to pledge "million dollar or two million dollar" productions, but rather films that would attract "25, 40 and 50 cents" to the box office. At the center table, with Pasternak, were seated Nate Blumberg, J. Cheever Cowdin, William A. Scully, William J. Heineman, Joe Seidelman, John J. O'Connor, Fred Meyers, John Wright, Arthur Mayer, Harry Brandt and Clayton Bond. Amonj theater men who attended were: John J. O'Connor, Fred Mevers, Max Fellerman and Harry Mandel, RKO; Oscar A. Doob and Eugene Picker, Loew's; George Skouras, John Benas, William Powers, Milton Hossfeld, William White and E. Zabei, Skouras Theaters; Clayton Bond, Ed Hinchy, Leonard Schlesinger, Don Jacocks, Harry Goldberg and I. J. Hoffman, Warners; Fred Schwartz, Sam Goodman and Al Hovel, Century Theaters. Also Leo Justin and Morris Jacks, Walter Reade Theaters; William P. Phillips, United Artists Theaters and John Wright and James Dunn, Rivoli; Joseph M. Seider, Prudential Circuit; Arthur Mayer, Rialto; Leo Brecher, Plaza; Joe Philipson, Paramount Theaters, Sam Rinzler, Irving Kaplan and Manny Frisch of Randforce: J. J. Thompson, Cocalis Theaters. Also Si Fabian. Harry Brandt, Jack Hattem, Harold Eskin, Harry Katz. Trade press was represented by Terry Ramsaye. Motion Picture Herald; Sherwin Kane, Motion Picture Daily; Don Mersereau, Chester B. Bahn and Al Steen, Film Daily; Ben Shlyen, Red Kann and Bill Ornstein, Boxoffice; Chick Lewis and Tom Kennedy, Showmen's Trade Review; John Flinn, Variety; Herman Schleier and Jack Harrison, Hollywood Reporter; Lionel Toll, Independent; Paul Greenhalgh and Lou Mentlick, The Exhibitor. Universal Home Office was also represented by C. D. Prutzman, S. Machnovitch, Peyton Gibson, F. T. Murray, J. J. Jordan, Leo Abrams, Louis Pollock, Hank Linet, Morris Alin, Andy Sharick, Barney Goodkind, E. Winer, D. A. Levy. Max Cohen, C. C. Margon and Fortunat Baronat. Maternity Center Ass'n Critical of Gov't Feature Maternity Center Association of New York raps the U. S. Film Service's feature, "The Fight for Life," as "fear provoking" in a statement.