Motion Picture Daily (Oct-Dec 1941)

4 Motion Picture Daily Thursday, October 9. 19 Gov't Opens Trial Against Browne, Biof f (Continued from page 1) ney, and Henry Uterhart, Bioff's counsel. Following today's session, an adjournment will be taken to Tuesday. Correa spoke for 45 minutes. He charged that Browne and Bioff exacted $50,000 annually from each of four companies, Loew's, Paramount, Warners and 20th Century-Fox, from 1936 until the indictment was returned earlier this year. The prosecutor alleged that $2,000,000 originally had been demanded as the price of peace in the industry. He made it clear that he did not consider the companies as willing victims but that they "had little choice but to yield, since they couldn't replace the union men without facing tremendous losses." Strikes Alleged After tracing the setup of the industry and the IATSE, Correa alleged that in 1935 the defendants called projectionist strikes to compel the companies to restore the union as a party to the basic labor pact in the studios. Correa pointed out that the industry depends upon a continuous flow of box-office receipts and that any falling off of receipts through strikes would be "disastrous." Correa asserted that representatives of the companies, at the 1936 meeting with labor leaders, were given the alternative of paying $2,000,000 to the defendants or having their business wrecked. Correa said the defendants had made it clear that they wished the money to be paid to themselves personally and not as union executives. Cash payments totaling §400,000 were made by the companies in varying sums of" $10,000 to $50,000, according to Correa. The balance was paid through a different arrangement, he continued. Executives of Loew's, concerned about paying in currency, devised a plan with the defendants whereby a nominee of Bioff's was made an employe of Smith & Allen, the agency selling DuPont raw stock, Correa charged. He declared that there was an understanding that the designee would collect a sufficient commission on purchases by Loew's of DuPont raw stock to equal the payment expected from Loew's. Bioff originally named his brother-in-law but designated a Industry to Aid in Setting Up Show Circuit for Camps 'Viva O'Brien' "Viva O'Brien," which is described as a "big aquamusical" with "14 scenes and one swimming pool," opens tonight at the Majestic. In the cast are Russ Brown, Marie Nash, Victoria Cordova, Milton Watson and others. It is a production of the Hickey, Hale & Robinson Company. Music is by Maria Grever and lyrics by Raymond Laveen. (Continued from page 1) Army and Navy was designated to handle entertainment in the camps, posts and naval stations, and the motion picture groups which are participating will work in close cooperation with that organization, it was said. The services of the film organizations were placed at the disposal of the Government by Y. Frank Freeman, chairman, and Jock Lawrence, secretary, of the Hollywood division of the Motion Picture Committee Coperating for National Defense, and Lawrence Beilenson of the Screen Actors Guild, who flew East for the meeting. Also attending were Alfred Harding of Actors Equity ; George Heller of the American Federation of Radio Artists, Lawrence Phillips, executive director, and Eddie Dowling, chairman, of the entertainment committee of the Citizens Committee ; Lee Shubert, New York producer, and Neville Miller, president of the National Association of Broadcasters. former intimate associate in 1939, Correa claimed. In selecting a jury Uterhart and Conboy were mainly concerned with the two questions of whether the jurors were prejudiced against union leaders and, secondly, whether any jurors had been influenced by articles written by the columnist Westbrook Pegler. Three jurors were excused because they admitted that Pegler's articles had prejudiced them and several others because of an expressed distaste for union leaders. Judge Knox on several occasions refused to excuse jurors upon admission that they had read the articles. The defense used 10 peremptory challenges and the Government four. All women were eliminated from the jury by challenges of one side or the other. Several jurors were excused when they stated that they were employed by the Chase National Bank, which is financially connected with 20th Century-Fox. Judge Knox read a list of 23 names and asked the jurors whether any of them knew these men personally. Correa stated upon being questioned by reporters that he did not submit this list, but that the probabilities were that they had been handed up to the court by the defense attorneys. He added that the list was very interesting and possibly indicated persons that the defendants intended to call as witnesses. Leaders Listed The names were : Nicholas Schenck, Barney Balaban, Jack Cohn, Sidney R. Kent, Albert Warner, Harry M. Warner, George Schaefer, Y. Frank Freeman, Edward J. Mannix, Harry Cohn, Joseph Schenck, John Balaban, Austin Keough, Charles Moskowitz, Arthur W. Stebbins, Louis B. Mayer, Al Lichtman, Smith & Allen, distributors of DuPont film on the West Coast, James Coster, Chicago theatre man, John Otterson, former president of Paramount, Pegler, and Duncan Underhill, Hollywood correspondent for the New York World-Telegram and Scripps-Howard. Unity in Industry Is Urged by Richey (Continued from page 1) that the industry has lost millions of customers by the competition of outside elements, the working of the consent decree even though it may not contain all the elements of solution it should, all of these things brought us to a realization that the other fellow's problem is sometimes our problem and certainly your problem is many times his problem." Regarding the current movement for unity among the industry, Richey declared : "Frankly, I don't believe such a conference or permanent working organization will overnight solve every problem of the industry. But I know this — that the closer the various elements in this business get together, the more they understand each other's problems, the nearer will they come to solution. "I am thoroughly convinced that if a movement for unity is contaminating, if sitting down with the other fellow to discuss and solve common problems is infectious, that we are in for the type of epidemic that will quarantine us from the outside world when we come to problems arising from within the industry." Comments on Inquiry \\ ith reference to the Senate propaganda probe, Richey said: "I am firmly convinced that the smear hearing in Washington has accomplished one thing and that is it has brought a new realization to the American people as to the important contribution motion pictures make in the time of national emergency." All officers were reelected at today's closing session of the convention. The officers are : Ray Branch, president ; W. James Olson, vice-president ; Edgar E. Kirchner, secretary-treasurer; Pearl M. Sprott, business manager. The entire slate of 12 directors also was reelected. The convention :losed this evening with a banquet and entertainment. Among those in attendance were Abe Montague, general sales manager of Columbia ; Arthur Kelly, vice-president of United Artists ; Arthur Greenblatt, Producers Releasing Corp. sales manager; and Abram F. Myers, general counsel and board chairman of Allied States. J. H. Whitney Is Du From Goodwill Trij Praised by Reisma (Continued from page 1) South America had occasion to mo and discuss matters with him. Reisman also praised Walt Disn and stated that his trip, like Wl ney's, has helped relations. "I cannot say too much for tl*r* complishments of Whitney an<{" I ney," Reisman said. Reisman reported that plans we well advanced for an exchange U. S.-made films and South Amei can films. Among film materi planned is some designed for infr quent filmgoers among the Sou\ Americans in order to familiari. them with North American vie" points. Other films will portra "stronger messages" for exhibition South American embassies. "These are methods," Reisman II served, which have been employed e fectively by Nazi agencies for son! time in South America. Now, we ar prepared to fight them with clubs in stead of cream puffs." Pro-Nazis Face Blacklist He pointed out that theatres i Latin America which habitually exhibit German propaganda films plac; themselves in danger of being put oi President Roosevelt's trade blacklist and once on that list no American dis tributor would service the theatr with films. Reisman said that South Americai governments are "very cooperative.' Film producers in Argentine and Bra zil are anxious to receive technica and other aid from Hollywood am efforts to obtain it for them will bi made. Molino Campos, Argentine carica turist, was signed by Disney and hi: gaucho characters will be used in Hp! ture Disney films, as will Braziliai parrots and South American extc riors, Reisman stated. Threaten Closing If English Set Curfew Loxdox, Oct. 8. — The general council of the Cinematograph Exhibitors Association, headed by Sidney Lewis, CEA president, at a meeting today threatened to close British film houses if the Government imposes a curfew on theatre operation. Following letters of appeal to the Prime Minister and other officials, CEA officers today also conferred with Ministry of Transport heads. They expressed the hope later that they had convinced the Ministry that there is no need to close film houses early in the evening. Dismiss Clearance Case in California The clearance complaint of Harvey Amusement Co., owner of the Westwood at Westwood, Calif., has been dismissed at the San Francisco arbitration board following hearings. American Arbitration Association headquarters here reported yesterday.' Meanwhile, Fred Rowlands, owner of the Alain. Columbus, O.. has filed an appeal with the national appeals board from the dismissal of his clearance complaint against the five con-, senting companies and the Eastern. Columbus, by Fred W. Koch, arbitrator, at the Cincinnati board on Sept. 16. The case is the 13th to go to the appeals board. Senate Inquiry Is Off Indefinitely (Continued from page 1) from Washington of several members of the subcommittee and the uncertainty as to when they would return. Other members of the group refused to comment on the move, Sen. Ernest W. McFarland of Arizona, who has consistently "sniped" the inquiry, said he did not want to stir up anything.