The Film Daily (1941)

Wednesday, September 3, 1941 Warners Asking 50% For "Sergeant York" (Continued from Page 1) sirable policy in establishing a minimum admission base. Sears explained that the company had spent over $3,000,000 in making and merchandising the production. "Whatever public demand has been created for the picture has been created by us," he declared. "We have put so much time and effort into it and we think we should share in the public response. We believe our share is 50 per cent." The Warner exec, then cited the run of the picture at the Astor as an example of the merchandising undertaken by the company. He said it was really "an advertising run." According to Sears, pictures are usually booked in the Astor for eightweek minimum run. "Sergeant York" was booked for maximum of eight weeks and moved over to Hollywood after six. Although pix played to capacity house entire time, total money expended for various mediums was $15,000 more than receipts. He said company is first realizing profit from pix during Hollywood run. Will Share on Extra Advertising He added there were no restrictions as far as single billing was concerned and the company would share equally any advertising above normal advertising budget. While Sears admitted he had virtually closed a deal with FWC for the first three pictures tradeshown by Warners, "International Squadron," "The Smiling Ghost" and "Navy Blues," he shied away from allocating pictures into groups or blocks. Asserting his organization was geared to sell pictures, not blocks, Sears stated, "I don't propose to use the consent decree to force unimportant pictures into the theaters." Production Is Flexible Sears said company would make as many pictures as market could absorb. There would be no set number. If lesser budgeted pictures were undesirable, company would stop making them. There was no sense in marketing pictures which exhibitors did not desire, he explained. Observing that sales were generally slow, Sears stated, "Production, distribution and exhibition are all feeling their way. I don't find no pat formula. We will just try to merchandise the pictures as efficiently as possible." NICK-WEST0N SENTENCES UPHELD U. S. Circuit Court of Appeals Rules Anti-Racketeering Statute is Constitutional Wood's Whodunit A nation-wide contest titled "Who Was the First Gazabo to Show a Double Feature?" is suggested by Pete Wood, secretary of the ITO of Ohio. Wood contends that the question could be placed in the same historical niche as "How Old is Ann?" and" Why Does a Chicken Cross the Road?" St. Louis — The five-year prison sentence and $10,000 fine imposed on John P. Nick, former first International vice-president of the IATSE, and the similar sentence and fine of Clyde A. Weston, one-time business agent of Local 143, operators, following conviction in Federal Court here for labor racketeering, were affirmed by the Circuit Court of Appeals in an opinion just filed. The decision of the Appellate Court, awaited with marked interest, swept aside all of the defense contentions of error and held specifically that the Federal anti-racketeering statute is constitutional. The only recourse that is now open to Nick and Weston is an application for a writ of certiorari for a review of the decision by the U. S. Supreme Court. Sigmund M. Bass, who, with Bryan Purteet, defended Nick and Weston in the Federal court trial here last Fall, said yesterday it had not been decided by the defense whether the Appellate Court would be asked to grant a rehearing or to make direct application for certiorari to the Supreme Court. The opinion was written by Pre siding Judge Kimbrough Stone, with Judges Harvey M. Johnsen and Joseph W. Woodrough concurring. The Circuit Court dismissed as unsound the defense contention that tbe anti-racketeering statute abridged in any respect whatsoever the right of Nick and Weston to enjoy their constitutional privilege of freedom of speech. "The law covers no action by a labor leader honestly acting for the members of his organization," the opinion read. "It does cover the compulsory payment of graft to a labor leader for his own individual enrichment. Thus construed the act is clearly as protective to labor organizations and their membership as it is to employers. "Payment of graft to a labor leader is clearly the purchase of his loyalty to his organization, and the result is betrayal of his organization. Labor is likely to suffer more through such a sellout than the employer who, willingly or unwillingly, pays the bribe. By punishing the traitorous leader, who uses his power for his personal enrichment at the expense of his organization, the act is truly at least as protective of employes as of employers." Twelve Features Getting The Gun at West Coast (Continued from Page 1) lege comedy, with Maxie Rosenbloom, Arline Judge and Marie Wilson. Lew Landers directing and Wallace MacDonald supervising production. Work suspended on "The Lady is Willing" because of Marlene Dietrich's broken ankle. At M-G-M: Ten shooting, including "Johnny Eager." gangster story, starring Robhert Tavlor and Lana Turner with Virginia Grey. Mervyn LeRov directing; "Steel Cavalry." armv story, with Wallace Beery and Mariorie Main. S. Sylvan Simon directing: "Achilles" has been changed to "Her Honor." At Paramount: Five shooting, including Harry Sherman,' "Tombstone," historical outdoor drama, starring Richard Dix and Frances Gifford, with Broderirk Crawford. Don Castle. Kent Taylor and Clem Bevans. At Renublic: Two shooting. At RKO-Radio: Five shooting, including "Come On Ranger." Tim Holt western, with Edward Killy directing for producer, Bert Gilroy. Frances Neal feminine lead. At 20th Century-Fox: Six shooting, including "Son of Fury," based on "Benjamin Blake" adventure novel bv Edison Marshall, in which Tyrone Power and Maureen O'Hara are starred. Roddy McDowall and George Sanders in important roles. William Perlberg associate producer and Tohn Cromwell -Ursine "Remember the Day." a novel by Philo Higlev and Phillip Dunning. Picture «fars ClaudeHe Colb»rt with Tohn Pa^ne in the male lead, and Douglas Wheatcroft. 12'•par-oVl voungster. Producer William Perlber<? and director John Cromwell. At TTiiver=al: Six shooting. including ""Keen 'Em Flving," with Abbott and Cosvllo and Carol Bruce. William Gsrgan, Dick Foran. Martha Pave. Arthur T"bin dire-tinp -"d ™-od"cer Glenn Tvron. "North of the Klondike." outdoor action picture with Pa»l Malvern, associate producer and Erie C. Kenton directing At Warners: Ten shooting, including "Remember Tomorrow," picture about foreign News via Radio Going Into 4 F & M Theaters (Continued from Page 1) four of the circuit's ace houses, — Ambassador. Fox, Missouri and St. Louis — , whereby broadcasts by news commentators are to be presented in the auditoriums as part of the regular house programs by hook-up with KXOK, the St. Louis Star-Times station. Idea back of the step is to meet the tremendous competition of the news periods which are held to be hurting film th eater attendance. F & M's investment in the radio reception equipment is said to be already some $3,500, and in addition to this sum the circuit intends to use an advertising budget to drive home the availability of the newscasts to fans in the sector, convincing them that' they can have their commentators and movies, too, via their admission tickets. The new service will become effective commencing next Monday. Va. Film Censorship Nets State $19,771 Richmond, Va. — Annual report of the Division of Motion Picture Censorship, just released by Col. Peter Sanders, chairman of the Board, shows that the fiscal year, ending July 1 last, was the most proff£5|gJd year in its history. With \/ ,;.bs collections of $39,297.34, after deducting expenses, a record $19,771.75 was turned back to the State treasurer. This was an increase of $1,121.14 over the previous year. Total of 1,389 films were screened during the year with a total footage of 5,126,000, compared with 1,312 films with footage of 4,867,000 the previous year. Twenty-six eliminations were ordered during the year, and three films were rejected, "Highway Hell," "He" and "Tomorrow's Children." spy activities in this country, co-starring Pnscilla Lane and Richard Whorf. Robert Florey directing. At United Artists: Arnold Pressburger's Shanghai Gesture," drama, with Gene Tierney, Victor Mature. Walter Huston Ona Munson, Maria Ouspenskaya, Albert Basserman and Phyllis Brooks. Josef von Sternberg directing: Still shooting, Korda's "Jungle Book ; Small's "Corsican Brothers" n, V^^r Thr2e„ shooti"£> including "Billy the Kid Wanted western starring Buster Lrabbe Sam Newfield directing and Sigmund Neufeld producing. f SaSV £oldwyn: Shooting, , "Ball of Fire" for RKO release. McConville Flying to Cuba For Havana Sales Confab (Continued from Page 1) by plane today for Havana where the first of the company's two Latin American conventions opens Friday. Delegates attending the Cuban parley will include Ernesto P. Smith, Pedro Martinez, Carlos Perez — from Cuba; Michael Bergher, Jorge Oiler — from Puerto Rico; Christiaan Van der Ree — from Venezuela; Enrique Davila — from Colombia; Harry Prosdocimi — from Panama; Ed Kerner — fiom British West Indies; and Rafael Sevilla — from Mexico. In October, the second convention will take place in Buenos Aires, Argentina, attended by delegates from Argentina, Brazil, Chile and Peru. Program for the three-day Havana convention includes a complete analysis of each territory's business during the past year, plans for the new season's product and special screenings of "Here Comes Mr. Jordan" and "Our Wife." HUT to Pay Pfd. Dividend Toronto — Hamilton United Theaters Ltd., FPC subsidiary, has declared a Vyi per cent dividend on preferred shares to be paid Sept. 30. Braden Breaks Leg Toronto — Harold Braden, Hamilton United Theaters executive, is confined to his home with a broken leg, the result of an accident. For the Booh Boston — Here's one for the book. In 1932, the new $500,000 Paramount Theater opened. A pipe organN costing some $35,000 was installed and on opening night Arthur Marrel headlined as concert organist. That night, however, the organ was closed and has never since been used — not for a single note.