Motion Picture Daily (Jan-Mar 1946)

4 Motion Picture Daily Wednesday, February 6, 1946 Tilt on Anti-Trust Damages to Court Washington, Feb. 5. — The U. S. Supreme Court tomorrow or Thursday will hear arguments on the question of whether it is necessary to definitely prove the extent of damages suffered through allegedly monopolistic practices of film distributors in order to support a claim for triple damages under the anti-trust statutes. The case involves the Jackson Park Theatre, Chicago, appealing from a Circuit Court decision reversing a District Court judgment of $360,000 in triple damages in its favor against the five theatre-owning distributors who, it is alleged, refused to give pictures to the theatre until after they had been shown in certain of their own competing houses. The Circuit Court reversed the decision on the ground that the exhibitor did not prove earnings in an "open market" for comparison with what they actually earned under the distributors' allegedly illegal system of distribution. Court to Consider Goldman Plea Today Philadelphia, Feb. 5. — The U. S. Circuit Court of Appeals here will hear arguments tomorrow in the mandamus proceedings brought by William Goldman to force U. S. District Judge William H. Kirkpatrick to appoint a jury to determine the extent of damages due Goldman in the antitrust suit decided in his favor by the Circuit Court in reversing the District Court. Ask 40% Boost (Continued from page 1) Review "Sentimental Journey" (20th Century-Fox) C OME use stars and some use gongs to evaluate attractions under their ^ scrutiny. Best way to convey fast word on "Sentimental Journey" could be to describe it as a three-handkerchief picture. Or three-and-a-half if anyone is interested in splitting a handkerchief. The attraction, aptly described, gives top billing to John Payne, Maureen O'Hara and William Bendix. After their principal supporting players are catalogued, the credits get around to presenting Connie Marshall. She is an adorable youngster of seven who fills a pivotal role. It is so pivotal she walks away with the show. And this, in the face of rather formidable competition. Miss O'Hara is lovely to behold, does well in an out-and-out sympathetic role and Payne is good. As for Bendix, he is beneficiary of a fat characterization enriched by amusing lines ; he takes to both with highly laudable results. Miss O'Hara, successful actress with a heart condition, is married to Payne, her stage director. Then she meets Connie, who reminds her of her own wistful day-dreaming childhood. Payne consents to the adoption, but finds his two-person world is thereby enlarged to accommodate a third. Through the strangeness of it, he resents the intrusion. Miss O'Hara dies, having quietly indoctrinated Connie with the need to take care of Payne as best she can manage. The conflict between the man and the child and the detail of how it works into the successful conclusion foreordained by the departed wife make up this journey into the sentimental. There is not much solid meat in the screenplay, written by Samuel Hoffenstein and Elizabeth Reinhardt, from a story by Nelia Gardner White, but there is nice and heart-warming incident charmingly moulded into the resultant pattern. "Sentimental Journey," above all, perhaps, is a gentle offering in times still stern and, as such, has an excellent chance of cutting a swath of box office distinction in its wake. Women will cry over it and with it and a lot of other eyes will grow damp as well. Walter Lang's direction is a reflection of his appreciative approach to his material. In view of her young years the tender-aged Miss Marshall does a decidedly unusual job of acting. Unquestionably she will get the bulk of the acclaim, and deservedly so. It seems an easy forecast to make that this youngster will be appearing in many future attractions provided Hollywood can find the proper dramatic cloak to throw around her capable and appealing shoulders. Sir Cedric Hardwicke, in a small role as the doctor, continues polished and poised. Mischa Auer remains true to the Auer tradition. Additional satisfactory support comes from Ruth Nelson, Olive Blakeney, Trudy Marshall and others. Walter Morosco produced. The musical theme is the popular number by Bud Green, Lee Brown and Ben Homer. From it the film draws its title. Running time, 94 minutes. General .audience classification. Released in March. Red Kann Two Arbitration Complaints Filed A clearance complaint has been filed in the Buffalo tribunal, and a designated-run complaint has been filed in Oklahoma City, the American Arbitration Association reported here yesterday. In Buffalo, David and Mina Zackem, operating the Artistic Theat-;v Buffalo, have filed a clearance <m plaint against Paramount, RRd/ Radio, 20th Century-Fox and Warners. Complainant claims that its present clearance is "unjust and unfair," and asks that it be given the same "classification" as the Little Seneca Theatre, also in Buffalo. In Oklahoma City, Juanita B. Berry and Jack A. Crooks, operating the Oklahoma Theatre, at Norman, have filed a designated-run complaint against Paramount, RKO Radio, 20th Century-Fox and Warners. Complainants, who previously had secondrun on product of the above distributors charge that they refuse to sell them first or second-run. Griffith Amusement Co., operating the Sooner, University, Variety and Boomer theatres, all in Norman, is the only competition in the town, according to the complainants. Restoration of secondrun is sought as relief. Top French Films (Continued from page 1) of the anticipated French production during 1946, are expected to benefit from the reduction. In 1945 a total of 80 French films were made. After commercial exploitation, producers of the selected films which enjoy the profits of the concession by the government must deposit a lavender print with the Ministry of Information. The government then will pay the expenses of making prints and handling free non-theatrical distribution throughout the country. The tax reduction proposal was made by M. Andre Malraux, Minister of Information in the government. Canada Ceiling (Continued from page 1) negotiations with the additional 30odd IATSE backroom service employes locals, representing an additional 3,000 workers, until negotiations for the "white collarites" are nearly completed. As reported in Motion Picture Daily on Jan. 31, service employes of "B" locals have decided to conduct their own negotiations in the exchange territories in which they are located. RKO Theatres Sets Pact with Cashiers RKO Theatres has reached agreement on a contract with IATSE Motion Picture Theatre Cashiers Union, Local No. B-52, covering about 100 cashiers and secretary cashiers in the 40 RKO theatres in Metropolitan New York. Increases are retroactive to Sept. 1, 1945. Scales of $27 to $35 a week are established for the secretary cashiers and $25 to $32 a week for cashiers. The cashiers' union is reported to be planning an organization drive among similar personnel in other New York circuits. Studio Labor (Continued from page 1) Canadian Pioneers Pick 11 Directors Toronto, Feb. 5. — The fifth annual meeting of the Canadian Picture Pioneers, held at the Royal York Hotel, Toronto, has elected a board of 11 directors, and also laid plans for the development of the Clair Hague Memorial Fund for the assistance of former film men in distress. The new board, which will pick new officers, comprises : Ben Cronk, Leo Devaney (who was president last year), Oscar R. Hanson, Morris Stein, Ray Lewis, Clare Appel, Jack Arthur, Len Bishop, Nat Taylor, Tom Daley and Earl Lawson. Canadian Tax (Continued from page 1) Dismissal Asked in CBA-Loew Action Dismissal was asked in U. S. District Court here yesterday by Cross Bay Amusement Co., Inc., Long Island, of a suit brought by Loew's, Inc., to restrain the former from using the name E. M. Loew. Admitting the use of the name "E. M. Loew's Cross Bay Theatre," the defendant contended that the plaintiff entered into an agreement with Elias M. Loew several years ago, was granted use of the name. Asserting in its dismissal request that theatres in several cities have used the E. M. Loew name without having suits filed against them, Cross Bay has filed suit again Loew's and other companies, alleging that those mentioned were engaged in a conspiracy in violation of anti-trust laws. Golden to Chicago Hollywood, Feb. 5. — Robert S. Golden, vice-president in charge of production for Golden Pictures, has left here for Chicago to attend the premiere of "Breakfast in Hollywood" at the Oriental on Thursday. directly governed by the routine factor of supply-and-demand in a retail trade sense. The government has also announced the abolishment of wage controls as of Feb. 15, which means that workers will again be in a position to seek salary increases. Labor priorities were dropped some weeks ago, the classification of employment as to essentiality having been struck off. Theatres and the film trade had been in the non-essential category during the war and were only able to employ unskilled workers not required by other industries. Feld May Be Signed By International Hollywood, Feb. 5. — Milton Feld, who recently resigned as Universal executive producer, will become a producer for International Pictures, with a Technicolor production of "Bloomer Girl" as his first assignment, if conferences scheduled for next week between Feld, Leo Spitz and William Goetz eventuate as expected. Discussions to this end began last December in New York. Feld arrived here this week. lenge to the AFL. Neverthless, IATSE executives met today to discuss the development, and studio managers expressed relief when the carpenters reported for work Records for 'Bells* In 10 engagements in three weeks, RKO Radio's "The Bells of St. Mary's" played to 1,425,064 with a gross of $660,503, said by the company to set a record. In the first eight weeks of its release, the company estimates that the film has played to eight per cent of the population with 1,425,064 patrons having been drawn in Washington, Boston, Providence, Rochester, Denver, Kansas City, New Orleans, Des Moines, Omaha and Minneapolis. minion invaded the field by imposing a 20 per cent excise on theatre grosses on top of the provincial levies. The federal tax is bringing in $13,500,000 annually. In deciding to maintain amusement, gasoline, estate, business and other taxation, the Canadian government has offered a $12 per capita subsidy to provincial treasuries, based on 1940 populations. The arrangement means, however, that theatres will still have both federal and provincial amusement levies which, combined, run as high as 35 per cent of grosses. RKO Buys Air Time RKO Radio has purchased 16 spot announcement on WNEW, here, to promote "The Spiral Staircase."