Motion Picture Herald (Jul-Aug 1943)

32 U.S. Answers Crescent Plea, Trust Suit Set Government answers to petitions to set aside the Crescent Amusement Company decree at Nashville were filed Monday by Robert L. Wright, head of the film unit of the Department of Justice. They were directed against the pleas of Mrs. Katie L. Rhuland of Lawrenceburg, Tenn., and J. M. Hobbs of Elizabethtown, Ky., that to require separation of the Rockwood Amusement Company's partnership in their enterprises would work undue hardship. Mr. Wright contended that stockholders in these partnerships were fully represented in the litigation and that they "have no standing to attack relief granted the plaintiff." He characterized claims made in the petition of "managerial problems" and "financial losses" incurred by carrying out the decree as "conjectural" and "hypothetical." The corporations seeking to escape the divesture order were held by Mr. Wright to have profited greatly by their connections with Rockwood and Crescent in meeting local competition and in securing lower prices for films and to have "actively participated" with the defendants in practices that led to action for violation of the anti-trust law. At Federal Court in Newark Judge William F. Smith denied defendants' motion to dismiss anti-trust complaint filed by the East Orange Amusement Company, owner of a motion picture theatre at 125-135 Main Street, East Orange, N. J. The plaintiff company does not operate the theatre. The defendants in the suit, filed October 21, 1941, include Vitagraph, Inc., Warner Bros. Circuit Management Co., Warner Bros. Theatres, Inc., 20th Century-Fox, United Artists, RKO-Proctor Corporation and Metro-GoldwynMayer. They contended that the plaintiff as owner, and not the operator, was not a person "injured in his business or property, within the meaning of the statute, and therefore, not entitled to recover. The plaintiff replied that because lessees were unable to obtain first-run pictures eight tenants had breached their leases. "The damages sustained by the plaintiff," the court ruled, "as owner of the theatre were not derivative, but were independent of the damages sustained by any one or more of the tenants as operators of the theatre." The court directed that the defendants submit a pending motion for a bill of particulars. The eastern district Federal Court at New York will try early in the autumn the antitrust complaint of J. P. and Josephine F. Benitoa, operators of the Modern Theatre, Miami, and the Liberty in Liberty City, Fla. Wometco and Paramount circuits, Paramount, RKO, Loew's, Warners, Twentieth Century-Fox, United Artists, Universal, Columbia, Universal and Monogram were defendants. It was placed on the non-jury Federal autumn calendar last week on stipulation by Emil K. Ellis, plaintiff's attorney. The plaintiffs allege that the defendants conspired with the circuits, which operate 31 houses in Florida, to eliminate competition and restrain trade by exclusive contracts. California Film Workers' Average for April $64.49 Film industry workers in California earned an average weekly wage of $64.49 in April, a drop of 14 cents per week as compared with the March figure, according to figures released by the California Labor Statistics Bureau in San Francisco. In Ap_ril, 1942, the employees drew an average of $11.06 less per week. MOTION PICTURE HERALD "CRASH DIVE" ARMY CHOICE FOR MAY The Army Motion Picture Service has released its list of five best films for May, from a box office viewpoint, as reflected by attendance of soldiers at post theatres. The group was representative, five different companies taking honors. Twentieth CenturyFox's "Crash Dive" led; UA's "Lady of Burlesque" was second, followed by Universal's "White Savage", Columbia's "The More the Merrier" and MGM's "The Human Comedy". Universal Regional Meet Is Held in Chicago In a two-day regional meeting at the Blackstone Hotel, Chicago, on June 26th and 27th, E. T. Gomersall, Universal assistant general sales manager ; Allan J. O'Keefe, newly appointed western sales manager, and M. M. Gottlieb, Chicago district manager, outlined the company's policies and plans for the 1943-44 season. All salesmen and head bookers of Mr. Gottlieb's Milwaukee, Detroit, Minneapolis and Chicago district attended. The Detroit office was represented by : T. L. Mendelssohn, branch manager ; Ben Robins, Jack Stewart, Fred Bonnem, Lou Berman; Milwaukee, F. W. Mantzke, branch manager ; D. McFadzen, R. Bassett, E. Gavin, Orval Peterson ; Minneapolis, L. J. Miller, branch manager ; G. Courshon, F. E. Abelson, P. Halloran, W. Brown, F. Eisenberg, A. Zacherl, K. Adams ; Chicago. E. Heiber, branch manager ; Vob Funk, Al Kent, Ted Meyers, Max Brodsky, William Weinshenker, Max Factor, Eddie Kretzke, Paul Sadzeck. ITOA Hears Reports on Industry Practices Reports on film rentals, percentage playing and picture allocation were given at a meeting last week of the Independent Theatre Owners Association in New York by Jack Hattem and Leon Rosenblatt, members of the two-man committee appointed to make a study of exhibitor conditions. Harry Brandt, president, presided. Samuel Rinzler, independent circuit operator and member of WAC's exhibition committee, spoke on the salvage drive and the forthcoming campaign to raise $130,000,000 in War Stamps at theatres for a new aircraft carrier, the Shangri-La. It was announced that the organization's annual installation of officers would take place at the Astor Hotel in New York on September 9th. Move to Add First Run In Hollywood Area The Hollywood Egyptian theatre may be changed to first run to eliminate congestion of first run pictures in the area. Edward A. Alperson, RKO Theatres head, and Charles Skouras, president of Fox West Coast, have held discussions concerning the move. The Egyptian is now second run. The theatre would play RKO, Metro and 20th-Fox product, and would provide an RKO outlet for first run with the Hillstreet, Los Angeles and Pantages, Hollywood. Attends Son's Graduation Jay M. Sutton, co-partner of the Hawaii theatre in Hollywood, recently visited the U. S. Naval Academy in Annapolis, where his son, M. B. Sutton, received his commission in the Navy upon graduation. July 3 , 1943 Republic Books Rogers in 15 First Runs A unique record for first run bookings and for the number of bookings in a single city is claimed by Republic Pictures for two Roy Rogers pictures. The company announced this week that "Song of Texas," latest Rogers release, had been booked into 15 first run key city houses, in addition to the Oriental, Chicago, and the Strand, Brooklyn, New York. The following theatres have booked "Song of Texas" : Ambassador and Fox, day and date, St. Louis ; Mayfair, Baltimore ; Rialto, Atlanta ; Paramount, Denver ; Adams, Newark ; Kirby, Houston ; Rialto, Dallas ; Empire, San Antonio ; Palomar, Seattle ; Strand, Wichita Falls ; Arcade, Jacksonville ; Strand, Tampa ; Orpheum, Los Angeles ; Adams, SanDiego, and Fays, Providence. At least 126 theatres in Chicago and its suburbs will play Rogers' "King of the Cowboys" during the month of July and according to Will Baker, Republic branch manager in that city, more playdates are expected to be added before the end of the month. The company has scheduled a coast-to-coast billboard campaign featuring the cowboy star through the month of July. In Chicago, a spot radio campaign has been planned for the month on Stations WGN, WIND and WJJD. Roy Rogers and his famous horse, "Trigger," is scheduled to appear at the Oriental theatre in Chicago between July 16th and 22nd, in conjunction with the run of "Son of Texas" at that house. Reelect Paramount Officers For One-Year Terms All officers of Paramount Pictures were reelected unanimously to serve one-year terms at a special meeting of the board of directors of the company last week. The officers are : Barney Balaban, president ; Adolph Zukor, chairman of the board; Stanton Griffis, chairman of the executive committee ; Y. Frank Freeman, Austin C. Keough, Neil F. Agnew, John W. Hicks, Jr., Henry Ginsberg and Leonard H. Goldenson, vice-presidents ; Walter B. Cokell, treasurer ; Austin C. Keough, secretary ; Fred Mohrhardt, comptroller ; Norman Collyer, Jacob H. Karp and Frank Meyer, assistant secretaries. 20th-Fox Film in St. Louis As Pre-release Showing A pre-release showing of "Heaven Can Wait," 20th-Fox film, will be held at the Ambassador and Fox theatres in St. Louis the week of July 8th, Tom J. Connors, vice-president in charge of sales, announced last week. The national release date has been set for July 23rd. Jules Field, exploitation representative, is handling the promotion on the special showing. "Bombardier" Has New York Premiere at Criterion RKO's "Bombardier" had its New York premiere at the Criterion theatre on Thursday. Direction is by Richard Wallace. Robert Fellows produced the film. Many of the scenes in the picture were produced at Kirtland Field near Albuquerque, N. M. Factor Enters Army Max Factor, Universal booker in Chicago, has left the company for Army service. He was formerly president of Chicago's Film Booker Club.