Showmen's Trade Review (1945)

October 20, 1945 SHOWMEN'S TRADE REVIEW 19 'Names' on Stand At Anti-Trust Trial The elite of the industry, in the persons of top executives of each of the five theatre-owning companies, is expected to be represented on the witness stand (in the flesh or through deposition) next week in New York, when major film companies answer Department of Justice charges of monopoly in the New York antitrust case. The Government rested its case October 11 after introducing almost 500 pieces of evidence. The case was then set over to October 22 by the three-man statutory court comprised of Circuit Judge Augustus N. Hand and Federal Judges Henry W. Goddard and John Bright, in order to allow the defense opportunity to call witnesses and generally ready its case. The defense asked for three weeks to prepare, was given one. When the trial resumes U. S. Prosecutor Robert L. Wright will be heard in a summation of his evidence and exhibits. When the expected formalities of request for dismissal by defense attorneys and denial of the motion have cleared away, the defendant companies will launch their counter-attack to the Wright case with Paramount probably the first to call a witness. The initial witness, either by appearance or deposition, it is rumored, will be Adolph Zukor, one of the founders of the industry, whom the defense will offer as an authority on the whole industry setup under which theatre ownership, defendants claim, is necessary in order to provide outlets for the product made at their studios. Establishment of this claim by the defense would dispose of half of the U. S. case under section two of the Sherman Anti-Trust Act, dealing with intent to monopolize. The other half, dealing with the power to monopolize, is expected to come under defense attack by testimony of independent exhibitor witnesses. $165,161 Monogram Net Profit Monogram has reported a net profit for the year ended June 30 of $165,161 after all charges, compared with a net of $177,822 the prior year. Gross profit was $401,764 compared with $546,835. Domestic and Canadian film rentals increased 9.45 per cent and foreign rentals 26.95 per cent over the preceding year. Schine's William Tubbert Dies William J. Tubbert, 47, manager of the Watertown properties for Schine Enterprises, Inc., and with the circuit for a decade, died in Watertown last week after a brief illness. He had been city manager for RKO in Syracuse before joining Schine. Funeral services were held in Syracuse. 'Spellbound' at Astor Nov. 1 David O. Selznick's production of Alfred Hitchcock's "Spellbound," an RKO release starring Ingrid Bergman and Gregory Peck, will open November 1 at the Astor on Broadway. SHOWMEN'S TRADE REVIEW Title and Trade Mark Registered U. S. Patent Offici Published every Friday by Showmen's Trade Review Inc., 1501 Broadway, New York 18, N. Y. Telephont BRyant 9-5606. Charles E. "Chick" Lewis, Editor and Publisher; Tom Kennedy, Associate Editor; Jama A. Cron, General Manager; Ralph Cokain, Managing Editor; Dodd Coster, Equipment Advertising Manager; West Coast Office, 6777 Hollywood Boulevard. Hollywood 28, California; Telephone Hollywood 2055. Ann Lewis, manager. London Representative, Milton Deane, 185 Fleet St., London E.C. 4; Australian Reprelentative, Gordon V. Curie, 1 Elliott St., Homebuih, Sydney, Australia. Member Audit Bureau of Circulations. All contents copyright 1945 by Showmen'i Tradt Review, Inc. Address all correspondence to the New York office. Subscription rates: $2.00 per year in the United States and Canada; Foreign, $5.00. Stnglt oopies. ten cent*. Industry Offer to Krug J. A. Krug, chairman of the War Production Board, has been offered the post of president of the Motion Picture Producers Association at an annual salary of $75,000, it has been announced by Eric Johnston, president of the MPPDA in Hollywood. Krug was given a week to decide whether to accept. Johnston declared that Krug's job, should he accept the offer, would be the formation of an over-all council of the guilds, crafts and producers. This council would be in charge of longrange labor policies, research, technological developments and films as an aid to education. Six Majors Named in New Orleans Trust Suit An anti-trust suit against six distributors (20th Century-Fox, Columbia, Paramount, RKO, United Artists and Vitagraph) and United Theatres, Inc., seeking triple damages of $861,728 and alleging restraint of trade has been filed in the New Orleans Federal Court by Grosz & Grosz, Inc., operators of the Cortez, a 650-seat independent house. Two United Theatre houses, the Escorial and Carrollton, which play in opposition to the Cortez, are alleged in the complaint to be favored by the distributor defendants on rental terms and desirable pictures. In the three counts listed by the plaintiff in seeking damages it is charged (1) that since October 1, 1938, the limit under the seven-year statutory law, an actual loss of five cents per adult admission has been sustained, with 526,248 admissions paid. Triple damages totaling $78,937 are asked on this cause of action. (2) That the loss in attendance over a seven-year period because of inferior product amounts to an estimated $238,759, or tripled, $718,078, and (3) that an estimated $44,820 (tripled) loss in salaries has been suffered. A jury trial is requested. Dismisses Suit, But Rules State Anti-Trust Law May Be Invoked Although he dismissed the suit, Supreme Court Justice Bernard Botein ruled this week that New York State's Anti-Trust Law — the Donnelly Act — could be invoked against motion picture distributors who single out specific theatres to show first-run films. The suit, brought by the Leader Theatre Corporation of Brooklyn seeking an injunction against Randforce Amusement Corporation, operators of the Culver Theatre in Brooklyn, and 20th Century-Fox Film Corporation, alleged that prior to its purchase from the Randforce Circuit a year ago in August, the Leader Theatre had enjoyed first run for 14 years. Following the purchase, it is charged, the defendants conspired to restrain trade in violation of the Donnelly Act because 20th-Fox gave its first-run films to the Culver. An appeal from the decision will be taken by Leader to the Appellate Court. Doyle, Lederman in New Posts Arthur Doyle has been appointed 20th-Fox representative in India, China and Burma and Dan Lederman has been made manager in the Philippines, it has been announced by Murray Silverstone, president of 20th-Fox International Corp. Tradeshow 'Fallen Angel' Oct. 24 Twentieth Century-Fox's "Fallen Angel" will be tradeshown in all exchange centers October 24. Johnston Steps In To Settle Strike Eric Johnston, new MPPDA president, and heads of major producer-distributor companies gathered in Hollywood this week for a concentrated effort to end the eight-month-old studio jurisdictional strike which last week culminated in rioting and bloodshed. Since flareups at the Warner studio last week brought the strike to a climax of mass demonstrations there has been continued picketing tactics to prevent nonstrikers from entering Warner Bros, studio, where production has remained at a virtual standstill since the violence that began there last week as mass picketing was initiated by the CSU union. The demonstrations of CSU strength continued to concentrate at the Warner plant as sit-down tactics were introduced this week and police and special deputies were occupied with bodily removing recumbent pickets from the sidewalks by dragging them to the curbs and depositing them in the gutter. There were no announcements as to progress, if any, made by Johnston and his conferees up to Wednesday night. The new MPPDA head declared that "this is one of the most complicated jurisdictional strikes I have ever known and it will take time to settle it." Johnston originally planned to depart from the coast this week, but postponed his leaving after stating further that he was not seeking a quick settlement but a long-range one. He was empowered to act for the producers and distributors at a meeting attended by Barney Balaban, N. Peter Rathvon, Nicholas M. Schenck, Spyros P. Skouras and Harry Cohn. During the past few days Johnston has met with Herbert Sorrell of the Conference of Studio Unions, Roy Brewer of the IATSE a:?d Earl Ruddy, U. S. Conciliation Commissioner. He is scheduled to meet with Richard Walsh, IATSE president, now on the coast, before the weekend. Sorrell welcomed Johnston as a "man with a reputation in fair dealing between labor and management" and the general industry attitude seemed to be that Johnston alone might be able to work out a solution between the warring factions. One break in the solid front on both sides came late this week, when Walsh agreed to revoke two of the five studio charters issued since the strike started. These covered replacement carpenters and painters, a majority of the disputed jobs involved. Warners Acquire Victoria as Third Broadway Theatre Outlet Warners have acquired a third Broadway outlet, the Victoria, at which a re-issue, "It All Came True," is now playing. Following this run, "Danger Signal" has been booked, with other new product to follow. The Victoria will not be exclusive for Warner films but will be used to absorb pictures coming along at a time when neither the Strand or Hollywood can take them. The Strand normally plays 12 features yearly and the Hollywood four or five with the company distributing a minimum of 20. It is expected that Warners will occupy approximately half the Victoria's screen time. INDEX TO DEPARTMENTS Advance Drpe 57 Box-Office Slants 33 Current Product Summary 63 Feature Booking Guide 59 Feature Guide Title Index 62 Hollywood 56 Newsreel Synopses 55 Regional Newsreel 44 Selling the Picture 38 Shorts Booking Guide 64