The Film Daily (1945)

Wednesday, September 19, 1945 "J*S? 11 Vaught Sustains Griffith Objection (Continued from Page 1) per, general sales manager for 20thFox, began. P. T. Kime, Government attorney, attempted to question Kupper regarding the contents of several letl^rs between him and his Oklahoma ^ity and Dallas branch managers, and between him and other 20th-Fox executives. Judge Vaught upheld defense counsel's objections on the ground that they were hearsay so far as the defendants in the antitrust case were concerned. This ruling apparently set aside the bulk of the Government's plans for the handling of Kupper's crossexamination. 20th-Fox Selling Practices Earlier, Judge Vaught himself had directed a number of questions at the witness concerning 20th-Fox's selling practices during the 1933-39 period covered by the Griflfith case. He sought to clarify the relationships between the former distributor defendant and the exhibitors on trial with questioning to this effect: Judge Vaught: "Now, let me get one thing straight in my mind. Mr. Kupper, say here is a town that has seven theaters." Kupper: "Yes sir." Judge Vaught: "We will say theaters Nos. 1, 2 and 3 are owned by 'A,' and 4 and 5 are owned by 'B,' and No. 6 is owned by 'C and No. 7 by 'D.' Now, how would you determine to whom to lease your product in that town?" Kupper: "Well, naturally, the first consideration I would give would be to the first-run which would have the ability to pay more than second or third and on down to seventh run; then I would adjust myself as we went down to the lowest, whoever owned it. Of course, I would have in mind the best performance in the town, who was our regular established account. I don't think I would deviate from not selling away from the established account, and so on down through the seven runs. Who Makes Decisions? Judge Vaught: "Is that decision made by you entirely?" Kupper: "It is more or less, I would say, a definite company policy." Judge Vaught: "Now suppose you go into a town where there are three theaters and they are owned by different people. Would you resei-ve the right to, or did you, sell to whom your best judgment dictated in that case?" Kupper: "Always, we felt that we had the right to pick and choose our customers, and I would naturally do so and sell the one who would give us, or throw off, the greatest amount of revenue, the one I could get the most advantageous contract from." Judge Vaught: "Suppose you had a regular customer in town, and some new concern came in and built HOLLYWOOD SPEAKING By SALPH WILK ; HOLLYWOOD A FTER post-war plans have ail been put ** into effect and Hollywood gets to a peacetime basis. Director George Sidney, cf M-G-M "Anchors Aweigh" fame, will promote a series of screen grand operas. He has prepared an outline for Rossini's 'Barber cf Seville," adhering to the score but modernizing the libretto, as a starter. o e Director Stuart Heisler is allotting 50 minutes of singing time to Bing Crosby in ."aramount's "Blue Skies," Technicolor musical film which also stars Fred Astaire and Joan Caulfield. Bing will render 28 Irving Berlin numbers, some new, some old. • • Boris Morros' music company, American .Recording Artists, will record the music of Federal Films, formed by William LeBaron and Morros. « • John Carradine will have the title role in Universal's horror picture, "The House of Dracula," with Lon Chaney, Onslow Stevens and Lionel Atwiil. Marshall Thompson is Metro's choice for the lead in "Star From Heaven," to be based on Lieut. Marvin Park's "A Foxhole Flicka." • • Esther William's next picture for Metro will be "Fiesta," an extravaganza in Technicolor with music. Miss Williams will leave Oct. 12 for Mexico, where the picture will be made. Richard Thorpe will direct and Robert Cummings produce. • • Joan Caulfield, appearing with Bing Crosby in the Irving Berlin musical, "Blue Skies,' has been scheduled by Paramount fcr the lead with Bob Hope in "Monsieur Beaucaire." • • Carl Esmond and Leonore Aubert have been signed by Republic for the leads in "The Cat Man of Paris," a murder mystery. e • Kay Francis will be starred in "Wife Wanted," a drama to be produced by Jeffrey Bernerd for Monogram. The film will be based on a novel by Robert E. Callahan. Green-Walsli Ta(i(le Jurisdictional Row (Continued from Page 1) in the controversy. The conference is the first called by Green for the sole purpose of trying to end the sevenmonth-old strike. "The only picket lines the lATSE recognizes are those approved by the lATSE," Richard F. Walsh, lATSE head, said yesterday before he left for Washington. He was commenting on the theater picketing campaign which New York unions backing the studio strikers propose to put into operation here. a better theater, a nicer theater, and in a better location. Would you feel free to sell to the new man if you wanted to?" Obligation to Old Customer Kupper: "No, I don't. I think I would have a very definite moral obligation and relationship with the customer in that town, and unless he proves himself unsatisfactory, I would continue to stay with my old account." Judge Vaught: "Now, in making these contracts generally, and particularly in making these contracts with the Griffith interests covering this period, at any time were you solicited by the Griffiths or any of their agents, as a condition to their purchase of your product, not to sell to any of the other exhibitors in the town?" Kupper: "No sir, there never was any discussion; the thought was never entertained." Kupper then testified about several specific towns where he continued to do business with independents after Griffith had come in. His testimony is expected to take up most of today. Construction Gets "Green Liglit"0ctJ5 (Continued from Page 1) on home construction and public works, it was disclosed here yesterday by War Mobilization Director John W. Snyder. Coincident with the announcement, he revealed a six-point program to speed expansion of the construction industry. The program was worked out in conferences among Snyder, Economic Stabilizer William H. Davis, WPB Chairman J. A. King, Price Administrator Chester Bowles, and National Housing Administrator John B. Blanford, Jr. Under the six-point program OPA will take action to tighten price controls over building materials, and WPB will prevent hoarding of such materials to avoid artificial shortages. CSU Asks Probe of L. A. Labor Council Action IVest Coast Bureau of THE FILM DAILY Los Angeles — CSU business agents wired international presidents who meet in Washington, D. C. today that the resolution adopted by the Los Angeles Central Labor Council, condemning Hollywood studio strikers for accepting CIO support was "railroaded through" and asked that the action be investigated. Dudley WUliston 111 Indianapolis — Dudley Williston, head of the Williston Circuit, was stricken by a slight heart attack while on a business trip to New Albany. He was taken to St. Edwards Hospital where he will remain for several days before I'eturning to Indianapolis. Rehearing is Asked In Goldman's Suit (Continued from Page 1) for a rehearing, but no date has yet been set. On Aug. 2, the Circuit Court reversed the decision of Federal District Judge William H. Kirkpatrick who held that Warners and the other majors were not guilty as charged in the action. In its reversal, the Circuit Court directed Judge Kirkpatrick to issue an injunction against the defendants, comprising Loew's, Paramount, RKO Radio, 20th-Fox, Columbia, Vitagraph, Inc., Warner Bros., Warner Bros. Circuit Management Corp., Stanley Co. of America, Universal, Universal Exchanges, and United Artists. At the time of the Circuit Court's reversal of the decision handed down by Judge Kirkpatrick, it was understood by channels close to the defendants that they would move to take the case to the U. S. Supreme Court. Yesterday's reported step by the defendants for a rehearing apparently confirms the earlier expressed intention of themselves and their affiliates. Doob is Campaign Director for 8tl! Loan (Continued from Page 1) many other Bond-selling promotions. In wake of the '42 drive, Doob became chairman of WAC's Public Relations Division, holding the post for two tenns, and during the Third War Loan was appointed by Secretary of the Treasury Morgenthau as In granting Oscar A. Doob a leave of absence to serve as Campaign Director for the Victory Loan drive, and expressing gratification that Louis B. Mayer had accepted chairmanship for Hollywood's participation, Nicholas M. Schenck, President of Loew's, Inc., declared: "This final War Bond drive is the most important in ivhich we have engaged: it must have our supreme effort. The talents and facilities of the industry must be put behind Secretary Vinson to make this 8th and last Bond campaign the tnost successful of all." the WFD's Assistant National Director, and served during the Third campaign in Washington. Doob has been campaign director of the industry's March of Dimes drives since that began in 1941. Until the Victory Loan campaign is over, Ernest Emerling will be acting as director of Loew's Theaters, during Doob's absence. 'Spanish Main' Tradeshow Oct. 3 RKO Radio will tradeshow "The Spanish Main" on Oct. 3, instead of Sept. 26, as originally scheduled.