Variety (April 1933)

42 VARIETY EDITOIIIAL Tuesdaf, April 18, 1933 Trade Mark Reelsterod PobUsfaed Weekly br VARnrTT. Sid Sllvermiin, President Inc. Inside Stulf-Pictores 15 YEARS AGO (From 'Variety' and 'Clipper') Friars grave a dinner to William Morris to celebrate the 10th Lauder tour under his management. Her- bert Hoover, then food administra- tor, made out the menu and at- tended the banquet. Playwrights were fooling with the Idea of their own theatre in which to try out their plays. Edwin Mil- ton Royle was one of the leaders. Caruso's agent was offering him for pictures at $75,000 per. Para- mount got him, made two and re- leased one. Poor stuff. Harry Houdlni announced $200,000 had been pledged for the magic the- atre he was about to build In N. T. Never went through, Alexander Herrmann tried it 25 years before and flopped. Keith circuit decided to show all Chaplin films even though some of them did run into a third reel. Dramatic shows playing the mili- tary cantonments were stfu-ving. The boys wanted comedy and mu- sicals. Authorities frowned on too much gta-l show. Burlesque season was to close earlier than the previous year, but business so good shows booked ex- tension tours. Police crusading against gambling In office buildings in the Times Sq. sector. Plenty of floating pok^r and dice games and handbooks. Army helping things along by raiding for liquor sales to service men. Richard Bennett telling the Cin- cinnati papers that he had been double-crossed out of the lead In •The Copperhead' In which Lionel Barrymore was making an out standing hit. 50 YEARS AGO (Prow 'OH<>per') 'Hazel Kirke' was celebrating its 2,500th performance, which, of course, included road tours. Showman was trying to sell a hog vrlth six legs and a tent to show It In. The New York Strand got a surprise turnover last Tuesday afternoon (11) when a Are atop th» theatre building forced an abrupt termination of the performance and the exit of the audience. The withdrawal was orderly and well handled. The Are, said to have been caused by the dismantling of a large elec- tric sign on the roof, and resulting in the death of a worker who was overcome by smoke, interrupted the matinee just as the feature picture, '42nd Street', was going into the number, 'Young and Healthy'. The screen suddenly went dark, house lights came up, and the house manager appeared from the wings saying, 'Due to some unforeseen trouble we must ask you to leave the theatre. There is nothing to get excited about.' Ushers threw open the side exits, cautioned the audience against excitement and the most dominant note of the retreat was the patrons audibly wondering if they could get back in the house with the same stubs. Business was three-quarters or more downstairs and about 25% on the shelf at the time of the emergency. The house resumed after about an hour. But somebody ought to keep in mind that gate on the 47th street side of the Strand's back alley. Only one wing was open, merely permitting a single flle, and if the three or four hundred had been in a hurry there could have been complications. The bankers may in future And greater opposition from Adolph Zukor in Paramount Publix matters than they had ever expected, with the Par founder, on inside, lining up .at least to the extent of protecting himself from bank persuasion. Zukor's retention of David L. Podell as personal counsel is in line with this and other views in mind. Zukor, from accounts, fears there may be trouble with bankers who in the past have had little difficulty In gaining co-operation from the Par head. During the past few months, Zukor began asserting himself in no uncertain terms with the bankers. His most Important point was In the discharge of John Hertz as chairman of the flnance committee, brought in on banker and other persuasion. Zukor's demand that Hertz go was based on the payment of a salary to Hertz of $2,760 a week and the failure of Hertz to come to the aid of the company flnandally when it had been virtually promised his entrance into Its affairs would mean that. Podell, from accounts, was largely instrumental in convincing Zukor to withdraw as a trustee candidate so that he would have greater free- dom in watching over P-P's varied interests, including those not in bank- ruptcy. With a Federal Court decision, expected four months ago, still not in sight, Warner spokesmen deny that the dispute with Western Electric Is being amicably adjusted. Pending the decision, however, all arbitration proceedings between the two are declared definitely off. Whatever comes up on the star chamber end, which was allowed to continue over a period of three years, will now probably be brought out in the open, according to the Warner viewpoint. Nd reason Is advanced for the delay In the decision. Warners made their application last fall for a temporary injunction restraining Western from Imposing service charges on reproducing equipment. Until the court's attitude on this flrst point is made known the plaintiffs cannot very well press their second and major action, one attacking the entire license arrangement of the electric. me to Bcram out of the vast motion pitcher Industry.* Schnos's 'ahamtf will be spread (two-page spread) to the world shortly. Toothpaste carton-admission gag worked by the Fox; San Franclscoi for its flrst week didn't pan out as expected and only five hun^h^^ cartons were presented. Deal, for two weeks, was similar to that worked recently by the old Roxy, New York, but Coastally It brodled. Proposition called for free admission to any show upon presentation of a large Regum carton, and admish to matinees for a small cardboard. Toothpaste plugged it'over four stations and in drug stores, resulting in okay publicity for the house, but natives failed to b^vy dentrlflce In large quantities. Fox, how- ever, drew some 75,000 cusl»mers during flrst week without ben'eflt of dentriflce. A gag man in New York was given a quick assignment for a story on the Coast. When he got to the lot he asked the scenario editor what lie was to do. Latter told him to stand by as the story was a secret The man waited four days and flnally met another writer in the com- missary who Inquired whether he had flnlshed his work on a certain story. The gag man replied that his job was still a secret, so the other fellow replied, 'If it Is, the only one that does not know It probably ig the watchman on the back gate'. Ten minutes later the scenario editor confirmed what the gag man had been queried about and told him thiit the only reason it was a secret was that they did not want to hurt the feelings of a man whom he had just taken oft the story. When Paramount's 'Song of Songs' is released, Brian Ahern, at his own request, will be an unknown to the fans. Ahern has refused to permit the studio to give him any bulld-up publicity, preferring to await his reception by audiences before going for any of the bally. Player, not sold on the screen when he first signed with the studio, agreed, to go pictures only when the studio granted his request to do 'Peter Ibbettson' as his second picture. Both the studio and the star have chilled on the latter. Ahern still insists the stage is his flrst love and that he misses his long association with Katharine Cornell. During the past few weeks, William Randolph Hearst has been contacting Ahern In an attempt to get the actor for his original part In 'Barretts of WImpole Street', which Marion Davies will do for Metro. Latter studio was the flrst to make Ahern a screen offer of $2,500 weekly on contract. He turned it down, claiming he was not interested.. RKO is known to be ready to extend H. B. Franklin's agreement for another year, having expired April 12, but It Is likely that some new features may be Included which will give Franklin a wider fleld of oper- ation In RKO affairs with the posslt lllty that these may touch somewhat on the film side of things. However, there's nothing official on this point. Presently the RKO problem Is mostly with the picture end which is showing pretty big red figures while the theatre end is in the black and operating within costs. The matter rests until M. H. Aylesworth, RKO head, returns from the coast this week. It Is known that the matter of a new agreement was taken up with Franklin before Aylesworth left for Hollywood more than a week ago. Considerable gnashing of teeth at Metro over 'Gabriel Over the White House'. Picture came in on under a $200,000 budget, and execs and pro- ducers on the lot are getting the 'It can be done' treatment from the front and home office. However, worse than this Is the realization that the feature was com- pleted and ready to ship inauguration day (March 4). Some of the studio heads and Cosmopolitan execs were under the Impression that to release It so soon after President Roosevelt's taking office would be a tough break for the picture. Now the general belief artfund the studio Is that bad the picture been released on or about March 4, It would have grossed much better than It has, getting out a month after the Inaugural. Bamum-Bailey show was to fol- low Forepaugh into Philadelphia. Was using brief street parades and a calliojie three weeks in advance. Unusual exploitation for thos2 times. Metro's decision of three months ago to cut down Clark Gable's assign- ments, fearing that the fans were getting too much of him. has gone by the board with the player currently spotted for three pictures. which will be released by midsummer. Pictures are 'Black Orange Blossoms', in which he is teamed with Jean Harlow; 'Night Flight', with on all-star cast, and 'Stranger's Return', in which he splits the top spot with Miriam Hopkins. Former two are now In production, with Gable working be twoen them. 'Stranger's Return' will start In four weeks. In the case of 'Night Flight', Gable's part Is small ,and is in support of John Barrymore and Helen Hayes. Circus row over a troupe of Be- douins on the W. W. Cole show. Ernest Cook, who brought them over. Inserted a card denouncing Forepaugh for the statement that he (Forepaugh) had brought them over and sluffed them to the Cole outfit. John McCullough, Modjeska and Mary Anderson were all doing Shakespearean repertory In New York the same week. Henry Bergh, founder of the S. P. C. A., raved because the Barnum show had destroyed a 'bad' elep- phant. Called on the public to stay away from the show, but it didn't. Children's Society haled Barnum & Bailey into court for permitting the Elliott troupe to use children in Its acrobatic and bicycling turns. Released in General Sessions on the testimony of physicians that their work was beneficial to health. New theatre announced o;i Fourth avenue for the Klralfy Bros. Not yet built Kiralfys then in their heyday. Hanlons were surprised at a per- formance at the Academy of Music, Montreal, to have a man cross the stage during the last act. Discovered that he was a sleep walker. ■Black Flag* CO., playing Phila. tailed the circus parade with men carrying banners for their own •how. Still a regular stunt. Attorneys for Fox West Coast and the major distributors withdrew their objections in U. S. District court Los Angeles, to a list of over 1,000 questions which counsel for Aubrey Wardman, Whlttier, Calif., ex- hibitor, presented to them for answering before trial. Wardman is suing for $900,000 damages on a restraint of trade charge under the Sherman anti-trust law. Court stipulated, however, that the dlstribs and F-WC could again object to the interrogations upon giving 10 days' notice. Largest number of questions, 380, were aimed at F-WC. Published accounts of the numerous directorships held In companies by film magnates isn't as unusual as thought. Each major company has numerous theatre affiliates and subsidiaries which may comprise any- where from 150 to 250 separate corporations, and any of the major flfrms' execs may represent the company on all or nearly all. Fox Film, alone, before shifting its theatre burdens had more than 240 separate affiliates. Individual theatres are usually separate corporate entitles although owned wholly or in part by the major company Involved. It's as easy for a major company exec to have membership on 100 boards as on one. Pending appeal of the Edward Quittner action against Paramount Publix, Hays' office and individuals. Federal Judge' Caffey denied a mo tion of defendants for an additional allowance of $2,000 to cover costs of the trial. Judge Caffey, In denying the motion, commented: 'The proof adduced at the trial showed so much fault on the part of the defendants (P-P, Hays, Adolph Zukor, Sidney R. Kent Sam Katz), that I do not feel that the plaintiffs (Quittner) should be penalized by being required to bear the additional item of costs sought to be imposed. Routine legal duties as chief of counsel for the Paramount Publix organization and subsidiaries have been taken off Austin Keough, so that he may devote major portion of his time to receivership and bank- ruptcy matters. Keough Is maintaining a close contact with P-P lawyers engaged In receivership-bankruptcy matters and himself Is making personal appear' ances as P-P's legal head at all hearings possible to cover. These Include numerous out-of-town court hearings. In signing the formal release contract for J. Walter Thompson ad agency, endorsing LUx soap, Jimmy Durante scribbled all over the docu ment his sotto voce thoughts: 'Oh! the Irony of it; oh! the klck-In-the- pants of It. After Mr. Mayer of Metro-Goldwyn-Mayer sees my bond some physog and what Lux soap has done for me, he'll ups and say to me, 'You're not the Schnoz of old,' and he'll be In a mood to dicker tor Decision of RKO to give up the idea of a split-week vaude and picture policy for the RKO Roxy, In Radio City, is Intimated as to have been impelled by the Rockefeller Interests which are Intent on maintaining a high standard even at risk of a deficit. This is said to mark the second time that the Rockefeller principles of what should or should not be done in the Radio City theatres have been manifested and acquiesced in by RKO. The split-week vaude and picture thing was headed for the RKO Roxy beglnninr April 27, but shifted last week and Instead RKO -is shoving in a tabbed version of 'Melody'. A stage comic brought to one of the major studios on the Coast to do a short found himself, through no fault of his own, listed as a writer on the lot to work on a musical. The comic was explaining a gag to a stage director at the studio In front of a number of writers. It struck the stage director very funny so without saying a word to the actor the former shouted to ':he producer of the picture, 'Slign him up quick as a writer before the New York crowd stops us from hiring any more". Although M. C. Levee has dropped his original Screen Guild produc- tion plans, organization will be brought Into use for the selling of his clients. In his deal with Columbia for Frank Borzage to direct 'A Man's Castle', It is announced that It will be the flrst picture to bear the official insignia of the Guild. To date, however. Guild has only been a Levee brainchild. Giving honors to a picture before It Is even In script form is considered both new and unique In the Industry. Insidious methods of taking tests at a major coast studio have been dropped with the release of an exec's relative from the job. Former practice was for the relation to play rhummy and bridge on the set almost all day, paying little attention to the tremulous testees, with the result that several bets were muffed, to be picked up later by other studios. Charges for tests are much lower now than before, when it cost from $500 to $750 for each tryout. John Barrymoro's contract with Radio for two pictures Is said to call for $50,000 per picture providing pictures do not run over 16 days each with a percentage that would average the actor $100,000 per film. In case production runs over the 15-day period, Barrymore receives $75,000 and a percentage of the gross equal to the shorter shooting period guar- antee. Pictures are to be made during next season at periods that will not interfere with Barrymore's Metro contract. Henry Travers, who created the role of the father in the stage pro- duction of 'Reunion In Vienna' and was brought to the coast to play the same part In Metro's picturlzatlon of the play, ducked out of Cali- fornia following the earthquake and refuses to return to the ground^ quivering spot. This, despite the fact that he created a favorable Im- pression In the picture, and has a chance to go under a term contract to two major studios. Dissemination of publicity matter In Paramount Publix will be split between production-distribution on one hand and theatres on the othen. Bob Gllham, new head of the department has appointed Al Wilkle Idi charge of dispensing publicity on pictures and Jack Mclnerney every- thing pertaining to theatres. The Shuberts, who bought back their theatre properties for $400,000, want to get rid of the Winter Garden. House, at present dark, la belnff offered to theatre operators In New York at a greatly reduced rental* asking $6,800 monthly and probably $6,000 would close a deal. Radio's deal with Wheeler and Woolsey on their new three picture contract gives the team a straight 20% of the pictures' gross returns Pictures will be brought in for around $150,000 each. Their P^®'*^ contract on 'Diplomanlacs' was for $70,000 against a gross of $600,000 with 20% of the profits over that figure. Exblbs are booking revivals of Columbia's 'Dirigible* on strength oj the Akron disaster. Topical interest flgured to make a reissue worth while. Throwing out scripts Is not only the prlvUege of the majors. Eagle Productions, small coast Indie producer, tossed out "Fighting in the Dark, when three writers failed to make It Jell. Reason given was that the newspaper and gambhng phases couldn't be reconciled.