Motion Picture Daily (Apr-Jun 1940)

ednesday, May 8, 1940 Motion Picture Daily 4ppeal Aim of e,ll(p.S. Oklahoma Dismissal Plea {Continued from page 1) fbpen, to let the suit "just sit," which ■the Department would not consider because it would suit the defendants 'perfectly, the other to file a motion f, -dismissal which, if granted, would „Kl an appeal on the question ■Kvh«ner the motion for the bill of particulars was too broad. ' The whole purpose of the maneuver it was said, is to get the right to such an appeal to settle the question of how far the Government may be forced to disclose its hand in antitrust suits. It was to pave the way for this motion, it was revealed today, that the Government in April asked that the time alloted it to furnish the bill of particulars be curtailed by one month, making the final date May 1. The Government's appeal on the bill of particulars will go directly to the U. S. Supreme Court. If the decision there is favorable to the Government, the Oklahoma City suit can be reinstated with the Government having the advantage of not being required to furnish a detailed bill of particulars, or of having to furnish only those particulars which the court directs. However, if the Government loses its appeal it will be prohibited from introducing any evidence at the trial of the reinstated case which has any bearing on the disputed particulars sought bv the defendants. It would be left with only a very circumscribed case against the defendants, which probably would force the Government to file an entirely new suit and complaint. Time thus would be lost instead of saved by the Government. Disclosure of the Government's purpose in the maneuver is likely to dissuade defendants from opposing the dismissal order in the Federal court at Oklahoma City, which is now being considered. Industry attorneys now are inclined to let the Government proceed without a contest on its course, in the belief that it does not have any advantage in risking its procedure on the appeal. Flexibility Keynote of 'IP Convention (Continued from page 1) budgeted in accordance with its requirements. Top-bracket budgeting will not be stressed in selling product, he said. While Universal shares the belief that American exhibitors must aid in the effort to improve the level of production values, since companies must look almost exclusively to the domestic market for profitable distribution, Universal believes exhibitor cooperation should not be forced on the basis of production costs alone, Scully said. Para. Officials Enthused Over 'Way of All Flesh' Hollywood, May 7. — Paramount officials are reported highly enthusiastic over the new film version of "The Way of All Flesh," made on a nominal budget by Eugene Zukor as associate producer. The film is scheduled for national release on May 31. Directed by Louis King, the cast is headed by Akim Tamiroff and Gladys George, and also includes William Henry, Muriel Angelus, Berton Churchill and Roger Imhof. Executives who have seen the film report it a standout production. Paramount has purchased "Transatlantic Clipper," an original story by William H. Wright, one time David O. Selznick production assistant, and John Speaks, former Paramount producer. The picture, according to the studio's announcement, will be an airplane story having: 1. not a single forced landing ; 2. no blind flying against terrific headwinds ; 3. nary a parachute jump; 4. no pilot who has lost his nerve but overcomes his fear and drops bundles of food to starving Eskimos, and 5. no serum flown through the year's heaviest storm to end an epidemic in a snowbound frontier post. "Actually,'' according to the studio, "the story is a gay comedy laid 10,000 feet in the air and involving the adventures of a clipper crew who play nursemaid to a newborn baby found adrift in mid-Atlantic." Arthur Hornblow, Jr.. plans an early start on "I Wanted Wings," story of peacetime Army flight training, at Paramount. . . . "Man Hunt," current best selling novel in England written by Jeffrey Household, has been purchased by 20th Century-Fox. . . . Warners will place Jeffrey Lynn and Brenda Marshall in the top spots of "The Embezzler," and Dennis Morgan and Elizabeth Earl in the leads of "River's End," the latter an adaptation of James Oliver Curwood's novel. . . . M-G-M has signed Ann Sothern, the "Maisie" of the "Maisie" pictures, to a new term contract. . . . Donald Ogden Stewart is doing the script for "The Philadelphia Story" at the same studio. Meet for Labor Talks Hollywood, May 7. — The committee representing producers in labor negotiations has been ordered to meet some time next week to draft an an swer to the request of the studio unions for a conference on adjust ment of working conditions. 350 Expected At Pacific ITO Meet (Continued from page 1) dent, William F. Rodgers, Loew's general sales manager, and Joe Pasternak, Universal producer, who will replace Darryl F. Zanuck. The Association of M. P. Producers will tender a dinner in honor of the exhibitors on Wednesday night. Studio visits are planned and the convention will wind up with a dinner dance on Friday night. Among the important topics up for discussion will be the launching of a coastwide conciliation program to settle disputes. In effect such plan would be an extension of the plan adopted by the I.T.O. of Southern California and Arizona which was responsible for the settling of 115 cases, according to Robert H. Poole, conention chairman. Following registration, the conciliation plan will be considered. The procedure will be to have exhibitors file written grievances which will be studied by an impartial committee of three drawn from the exhibitor's territory. Columbia will be host at a luncheon on Wednesday. Hugh Bruen. convention co-chairman, Poole, Pasternak and L. O. Lukan. trustee, will make organization talks. J. M. Hone will be heard on legislation on Thursday; Arthur Aaronson on advertising accessories ; and Rodgers on distribution problems After Universal plays host at a luncheon, the afternoon session will hear Kuykendall on "M.P.T.O.A.'s Viewpoint" ; William G. Ripley on government in business ; John K. Hilliard, Paramount studio sound director, on theatre sound standardization ; and Carl Hyde, on the effect of social security on theatres. Bob White, trustee, will preside, Thursday, and Rotus Harvey, another trustee, on Friday. Resolutions will be presented on Friday, 20th Century-Fox will be host SAG Neely Hearing Spokesmen Named (Continued from page 1) tives for the hearing within a day or two. All three guilds are on record as opposed to the Neely block booking bill. Goldwyn Sees Block Booking End As Boon Washington, May 7. — Proponents of the Neely block booking and affili ated theatre divorce bills, which will be up for hearings here next week before House and Senate committees, respectively, have not yet listed the names of those who will appear on behalf of the measures with the clerks of the committees. It is believed opponents of the measures will not present a complete list of their spokesmen until this has been done, since proponents of the measure are to be heard first. Major company spokesmen who will appear in opposition to the measures have not been designated yet since many of them may be attending annual sales conventions at the time the hearings are on and, therefore, an accurate schedule of appearances cannot be made at this time. Acquires Eight Films Non-Theatrical Pictures Corp. has acquired for 16mm. release eight Harry Goetz-Edward Small productions originally released through United Artists. The films are "Count of Monte Cristo," "Last of the Mohicans," "Let 'Em Have It," "The Melody Lingers On," "Transatlantic Merry-Go-Round," "Joe Palooka," "I Cover the Waterfront" and "Red Salute." (Continued from page 1) good for the industry, particularly in the light of the increasing problems resulting from the European war and the currency situations in many parts of the world. Goldwyn also advocated the sharing of the producers' burden by the exhibitor in the approaching "industry crisis." He believes that Hollywood should restrict production to about 200 features a year, spending on them as much as is spent now for the present output of about 600 features annually. In this way, Goldwyn said, production quality could not only_ be maintained but could be constantly improved, providing product which would merit and command higher admissions, longer runs and better returns to the producer. "The exhibitor in America is in the position now of deciding for himself whether or not he wants to remain in business," Goldwyn said. "If he does, he has to prepare himself to get more out of every good picture he buys and to return more than ever before to the producer. Otherwise, there will be no industry. Producers now have a foreign market shut off that normally provided them with an amount larger than their annual profits. That has to be made up if the business is to continue and the only place it can be made up is here. Costs Going Up "Production costs cannot be reduced. If anything, we may expect them to increase. The exhibitor has an obligation to give the public everimproving pictures, and to turn out those pictures under present day conditions is likely to involve an everincreasing cost." Goldwyn declined to comment on current efforts to settle his court and company differences with United Artists other than to state that no settlement had been reached yet. He said he had no production plans for the immediate future but that he has 10 writers working on scripts now. Among his story properties is the Edna Ferber story, "Nobody's in Town," which he said will be made in color and half of the picture will be made in New York. Work is also progressing on "Natchez," "The Little Foxes," "Seventh Cavalry" and "Mcintosh," he said. His sales policy for "The Westerner" will be determined during his visit here of three or four weeks. Film Studio Telecast Hollywood, May 7. — The first televising of the production of a motion picture took place today with the Don Lee station, W6XAO, transmitting a scene from "Dreaming Out Loud." at a cocktail party with a banquet W6XAO sent the signal six miles by ending the meeting on Friday night. ' short wave to the transmitter. Samuel Goldwyn's "The Westerner," will have its world premiere at Fort Worth, Texas, on June 25. at the Hollywood and Worth simultaneously. The opening will be part of a three-day celebration sponsored by civic and state officials. The chief features will be a charity ball on the evening of June 24 and a number of community parades. From Hollywood will go Goldwyn. and the film's cast, headed by Gary Cooper, Walter Brennan and Doris Davenport. The film will open in theatres throughout Texas on Tune 26.