Motion Picture Daily (July–Sept 1938)

MOTION PICTURE DAILY Wednesday, July 27, 1938 Coal, Packer Decisions Up In Film Case (.Continued from page 1) terest in retail meat stores, ended in a consent decree and, for that reason, established no legal precedent. Practically every important antitrust case of recent years in which were involved issues similar to those raised in the film suit will be used by the Government as a basis for argument. Among these are cases involving the steel, oil and other large industries. While the Department of Justice maintains a strict policy of not discussing pending cases, there was no hesitancy today in explaining that precedents are sought wherever possible because of the practice of courts in giving weight to past decisions. This is particularly true of the Supreme Court where every opinion is interspersed with sub-citations. ITO Insists Trade Should Govern Self The I.T.O.A. "still maintains the stand that self-regulation would be best for the industry," despite the Government's contention that its antitrust suit against the eight major companies is for the benefit of the independents. This comment is made in The Independent, publication of the I.T.O.A., which recalls that the organization repeatedly has "asked that the distributors and producers take notice of the handwriting on the wall and give to exhibitors the concessions they are rightfully entitled to." It is also declared that "self-regulation would be the wisest thing the industry could do for itself." Allied to Discuss Suit The Government's anti-trust suit and the trade practice program now in work will be discussed at a meeting of Allied of New Jersey at the Berkeley-Carteret in Asbury Park today. New York meetings will be resumed in September. Selznick Talks Hold Silverstone on Coast (Continued from page 1) Silverstone today said he would remain here possibly two weeks longer. He declared he was talking daily with Mr. Selznick on production matters as well as the new pact to replace the one which expires when Mr. Selznick delivers two more films to U. A. Concerning the progress of the negotiations Mr. Silverstone said : "Mr. Selznick and I understand each other perfectly and are in complete accord." Durante Asks Dismissal Jimmy Durante will apply today to N. Y. Supreme Court Justice Peter Schmuck for an order dismissing the suit of Morton A. Milman against him for the recovery of $4,800 allegedly due as commission. Mr. Milman claims he secured employment for Mr. Durante as a radio performer for 24 weeks. Director Guild Hits Producer Associates (Continued from page 1) said the rehabilitation of the industry lies" in changing the present system of production, "eliminating the involved, complicated and expensive system of supervision which separates director and writer from the responsible executive producers." The guild, which will have a hearing Aug. 22 before the National Labor Relations Board examiner on a petition asking to be declared sole collective bargaining agency for directors, assistants and unit managers, cited figures showing that whereas the number of directors with feature credits in 1926'27 was 246, the number dropped to 234 in 1936 37 and the number of producers, including supervisors and associates, rose in the same period from 34 to 220. The guild said this was despite the fact that American made features numbered 743 in 1927 and 484 in 1937. Capra Supervised Preparation The guild declared that the best pictures are largely those in which the director has had real participation in the dramatic and mechanical structure from its inception in direct association with the executive producers and without the interference of intermediaries. Continuing, it declared, "The director has for ten years been steadily pushed out of his initiating role and has thereby been less able to offer the industry his technique, inspiration and mechanical skill. These have been taken over by minor executives unfamiliar with dramatic construction for the purpose of motion pictures, unfamiliar with the physical problems and possibilities of actual production and divorced from the spontaneous life of story, which the actors and director together live on the set for first time." Copies of the analysis, which was prepared under the supervision of Frank Capra, guild president, were distributed today. Fred Beetson, executive vice-president of the Association of Motion Picture Producers, this afternoon said that his office had not received a copy of the guild statement and so had no comment. Retitle Columbia Picture Hollywood, July 26. — The Columbia film formerly known as "West of Santa Fe" will be released under the title, "The Colorado Trail." Casey Asks Decision On Status of Extras A decision as to whether or not approximately 20,000 Hollywood extras are affected by the provisions of the new Federal maximum hour and minimum wage bill will be sought by Pat Casey, producers' labor representative, in Washington within the next few days. The bill will become effective Oct. 15. It exempts "professionals," but no ruling has been obtained yet as to whether film extras will be called "professional" workers. The bill established a 44-hour maximum work week. Mr. Casey is deferring his return to Hollywood, he said, until a ruling has been obtained from Washington. A delay in obtaining the ruling, however, would result in his leaving for the coast some time next week. No requests for an annual meeting on basic wage and hour agreements have been received yet from any of the studio internationals, Mr. Casey said. "Clitter house" Big At $45,000 in Week (Continued from page 1) tween 20 and 60 per cent ahead of average weekly business in five key city situations, according to the Paramount home office. The spots are San Antonio, Kansas City, Salt Lake City, Dallas and Houston. Kendor in Carmel Spot Kendor Productions, Inc., producers of a series of "New Talent" musical shorts, has taken over the Rockridge Theatre and Rockridge School of Theatre and Screen in Carmel, N. Y. The new setup will be under the management of W. Ray Cozine of Kendor, assisted by Robert Kendall Goodhue of the William Morris Agency. First two productions of the season, "Away From It All" and "Old Autumn," will star Aline McMahon and Marie Kenney, respectively. Sue Over Shelby House Shelby, O., July 26. — H. B. and D. W. Brickley, owners of the Opera House here, who leased the building to the Lion Theatre Corp. for six years from Jan. 1, 1935, have filed suit in Common Pleas Court seeking to regain possession of the property. Plaintiffs contend the defendants are three months in arrears in the rent. Warners Ask Exchange of Debentures for New Issue (Continued from page 1) listed on the New York Stock Exchange. Registered holders of certificates will be entitled to interest on the deposited debentures. The new debentures will bear the same rate of interest as the present debentures, six per cent, and will mature Sept. 1, 1948. They will be authorized in the maximum of $29,400,000 and will be issued only in exchange for the present debentures. The new debentures provide for a sinking fund under which there will be retired three per cent of" the large aggregate principal amount of debentures which shall have been outstanding at any one time, on Dec. 15 of 1939, 1940, 1941; four per cent on Dec. 15 of 1942, 1943 and 1944; and five per cent on Dec. 15 of 1945, 1946 and 1947. The letter points out that the company has always paid the interest on the day of maturity and has retired the full amount of debentures required under the purchase fund. The New York Trust Co. is named in the letter as depositary. British Deal Assures "U" New Finances (Continued from page 1) Woolf, head of G.F.D., and associates, beginning with the new releasing season and continuing until the amount is paid off. t >; Mr. Cowdin was gone ( ■.h/1veeks. On his arrival he authorized a' lormal statement saying "he had concluded a new distribution agreement with General Film Distributors for Universal's product in Great Britain for a long period of years on a much more satisfactory basis for both." The statement also said that Mr. Cowdin's associates in Great Britain "had arranged for a very large sum of money to be placed at the company's disposal for a substantial length of time, which will enable next year's program to be strengthened still further." An additional comment was that Mr. Cowdin "was very much pleased with the progress of the company's business throughout Europe." To Give Details Today Mr. Cowdin will give details of the new arrangements to the directors at a meeting tomorrow. He said that the board does not have to ratify the agreements and that they are in force. He may go to the coast to confer on production in about two weeks, he said, but in the meantime will discuss plans with Clifford Work, general manager of the studio, who is in New York. Mr. Cowdin declared there will be no changes in the studio's executive personnel. Joseph H. Seidelman, vice-president in charge of foreign distribution, is in London and will remain abroad another two months, Mr. Cowdin said. State Books Sullivan Ed Sullivan, Hollywood columnist for the Daily News, will make his annual appearance at Loew's State in the week beginning Sept. 1. Wall Street Warner Stocks Off on Board Net Open High Low Close Change Col 14% 14% 14% 14% — % Cons 1% M 1%' 1% Cons. pfd... 7% 8% 7% 8% E. K 179 180 179 180 —1 G. T. E 15% 15J4 15 15% — % Loew 48 49% 48 48% — % Para 11 11% 10% 11 Para. 2:.... 11 11% 11 11% Pathe 95% 9% 9% 9% + % RKO 3% 3% 3 3% — % 20th Fox ..25 25 24% 24% + % W. B 6% 7 6% 6% — % W. B. pfd.. 39 39 39 39 —2% Fractional Curb Changes Net Open High Low Close Change G. N % % % % — % Tech 22% 22% 22% 22% + % Trans-Lux 2% 2% 2% 2% Univ. Corp. 2% 2% 2% 2% Bonds Have Fair Gains Net High Low Close Change Keith 6s '46 90 90 90 +1 Loew 3%s '46 99 98% 99 + % Para. Pict. 6s *55 9554 95% 95% +1% Para. Pict. '47.... 81% 81% 81% + % RKO 6s '41 73% 73% 73% —1% W. B. 6s '39 79% 79 79% (Quotations at close of July 26)