Motion Picture Herald (Nov-Dec 1944)

WILL ARGUE DECREE MOTION DECEMBER 5 Schine Testimony Ended; Crescent Decision Due Some Time Next Month Washington Bureau With the Schine case out of the way temporarily, the Department of Justice this week turned its attention to the New York Consent Decree suit and began preparations for argunient on its motion for extension of the Decree. The Department will ask Federal Judge Henry W. Goddard in the U. S. District Court, New York, December 5, to set a date for the hearing of the Decree modification proposals when arguments on the Arthur intervention petition, originally set for November 3, but postponed to that date, will be heard. The postponement was granted because the trial of the Schine case was at that time being held in Buffalo. With this development, the Department had three film suits actively under way — Consent Decree, Schine and Crescent. Seek No Further Postponement The taking of evidence in the Schine case was completed last week, and it was said at the Department that no further postponement of the New York argument would be requested. The case for the Government will be presented by Mr. Wright, who has been in charge of all the film suits. Meanwhile, the Supreme Court has before it for consideration the arguments presented November 6 and 7 in the Crescent Amusement Company case, and is expected to render its opinion early next month, following a two-week recess, which will start next Monday. The Schine case is about three months away from a decision by the Buffalo court and close to a year from a final decision by the Supreme Court, to which it is expected the suit will be carried by either the Government or the circuit, depending on which way the lower court verdict goes. It is explained that the Department has until December 15 in which to file briefs, the defendants have 30 days beyond that and the Government then has 15 days for its reply before the case finally goes to the court for decision. See No Early Decision Department officials, accordingly, do not look for a decision before February, at the earliest. If the decision is appealed to Washington, it is probable that so much time may be consumed in the process that the Supreme Court, which recesses as close to the first Monday in June as possible, would not be able to hear argument until it convenes for the 1945-46 term next October. It was pointed out that the Crescent appeals were filed in February, 1943, but the legal maneuvers took so much time that it could not be argued before the summer recess and was heard only about 10 days ago. The Rosecan arbitration hearing before the St. Louis arbitration tribunal has been postponed further from November 13 to January 15. Meanwhile, the U. S. District Court in St. Louis has given the defendants in the injunction suit filed by Harry Arthur, Jr., and the St. Louis Amusement Company until Friday of this week to file their answers to the injunction petition and the suit for damages totaling $285,000. Mr. Arthur brought this action after he had served notice of motion to intervene in the New York Federal tribunal, attacking the legality of the Decree in his petition and asking that his theatres in St. Louis be exempted from it. Complete Schine Evidence Buffalo Bureau Gradwell L. Searg, vice-president of United Artists, and Neil jAgnew, Vanguard Films vice-president, were among the last defense witnesses to testify in the Schine case before conclusion of the trial last Friday in Buffalo. Edward F. McClennen, Schine counsel, questioned both executives when they took the stand Thursday, asking them whether they had any knowledge of conversations with the defendants or their agents concerning agreements not to deal with any competing exhibitor or to restrict the terms of such dealings. Both answered in the negative. Mr. Agnew testified to general film practices : competition between distributors for exhibitor playing time ; the pushing back of sales conventions by distributors to get their product going first ; and admission-price clauses in film licenses. The previous day, Schine counsel said that the Opera House and Ada Meade theatres, Lexington, Ky. ; the Plaza, Malone, N. Y. ; the Memorial, Mt. Vernon, O., and a half interest in the corporation holding the lease on the Margie Grand, Harlan, Ky., would be disposed of by the circuit on or before November 15, to comply with the Court's divestiture order of May 19, 1942. In another trust action. Federal Judge F. P. Schoonmaker, Monday in Pittsburgh denied an application by the Penn theatre, Ambridge, Pa., for a temporary injunction, preceding trial, to restrain distributor-producers from refusing the Penn first run pictures, on the ground that the contract was not renewed. Joseph in East to Complete Durbin Film Ad Plans John Joseph, national director of advertising and publicity of Universal Pictures, arrived in New York this week for a series of home office conferences with Maurice Bergman, eastern department head, to complete the extensive advertising campaign for the Deanna Durbin Technicolor production, "Can't Help Singing," scheduled for Christmas release. The campaign, budgeted at $250,000, was set when Mr. Bergman attended studio conferences in September, at which time the magazine, trade and press campaign was organized and put into operation. Advertisements in national magazines with a reading circulation of 85 millions begin December 1 and will continue for four months. The newspaper, radio and billboard campaign set up at the studio conference will become active during Mr. Joseoh's visit to New York. The In-And-About Music Educators Group of New York will pay tribute to the Jerome KernE. Y. Harburg musical score from the Universal Technicolor picture, "Can't Help Singing," at the Autumn meeting in the Plaza Hotel, New York, December 2. The theme of the meeting will _ be "The Influence of Motion Pictures on Music Education." Miss Margaret Lowery heads the educators' group and Dr. Gordon E. Bailey, of New York University, is secretary and treasurer. Producing Unit A new independent producer appeared in Hollywood this week, joining the scores of independeni units which have come to the fore in the last twc years. Frank Melford, former producer for Sol Lessei and prior to that with RKO, has organized hh own company, Frank Melford Productions, tc make three "A" pictures, budgeted from $750,00( to $1,000,000 each. Mr. Melford is in New York He plans to close a deal for three properties j stage play and two novels, and also will arrange for distribution while in the east. Mr. Melford announced that Edward Ludwig who recently directed "Three's a Family" foi United Artists, will direct the first of the thret films, which will cost between $2,500,000 an* $3,000,000. The productions will be made over ; period of a year to 18 months and will go befori the cameras in about three months. He said that although the independent pro ducer is maintaining a high earning power in ; generally lush period of theatre business and de spite an inability to obtain star names, this handi cap inevitably will take its toll when busines: tapers off. Harriet Parsons, feature writer for Interna tional News Service, joined the ranks of inde pendent producers this week. Miss Parsons re signed from her INS post to devote full time t< RKO production. She is making "Enchanted Cot tafe" and is preparing "The Prodigal Women' and "Who Could Ask for Anything More?" Leonard Picker, former member of Columbia' ; home office legal department and for two years .'i studio executive, was made a producer by th<l company this week under a long term deal. RKO Closes Year Deal With Hawaiian Circuit RKO has entered into a one-year contract witi the Consolidated Amusement Company of Hono lulu, providing for the exhibition in the Hawaiiai islands of its entire lineup of 1944-45 pictures, botl features and shorts, it was announced last wee! by Robert Mochrie, general sales manager. Th deal involves about 120 theatres. Negotiations were carried out in San Francisc(j with RKO represented by Walter E. Branson, western division sales manager, J. H. Maclntyr^ western district manager, and N. P. Jacobs, Sai Francisco branch manager. Consolidated was rep resented by Ezra Parker, president, and Fred Wil Hams, general buyer for the circuit. RKO's first group of five pictures of the 1944 45 season has been sold to the Fox West Coas circuit of more than 300 theatres. The five ari "None But the Lonely Heart," starring Car Grant and Ethel Barrymore ; "Tall in the Saddle,' starring John Wayne ; Edward A. Golden's "Thi Master Race" ; "My Pal, Wolf" with Sharyn Mof fett. and "Goin' to Town" starring Lum and Abner Crosby Voted Favorite in Newspaper Radio Poll The annual readers' radio poll of the Clevelan* Plain Dealer has again named Bing Crosby, Paraj mount star, radio's favorite personality and "cap tain" of the 1944-45 All-American Radio Eleven His "Music Hair program was adjudged firs among all radio programs. Paramount's Bol Hope was voted first among the comedians, an( his show rated third among all program choices He' placed second to Mr. Crosby on the All American Eleven. Cecil B. DeMille's "Radio The atre" won first position in the field of radio dram; and fifth among all program choices. Ed Gardner who is appearing in "Duffy's Tavern" for Para mount, placed among the leading comedians. Bronston Sued by Duvivier Julien Duvivier filed suit against Samuel Bron ston in Hollywood November 13, asking $395,001 damages for failure to produce two films for which the complainant said, Mr. Bronston was to pay hin $200,000. ^ 30 MOTION PICTURE HERALD, NOVEMBER 18, 194