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VARIETY PICTURES Tuesdays June 6, 19^3 Landlord-Exlubs Accottnt for 500 More Htfuses Beopeniog but inept with 500 theatreis reopening dur^ Ing May. a month which in. librniai times witnesses the start of regular summer closi , Industry pilots are finding, it difficult to account for the most/ fi^eakish box office weather they have ever experienced^ They figure, however, thai the present total of 15,000 lighted houses, the highest which it has : been during this season in any Vear of the de- presision, will be peak tor; the im- mediate hot months. However,, the Ma,y additions have not.addied a dollar to th^ national gro?s over what it was during . the first three weeks after the bank 'moratorium,. w:hen. 1,000^ houses re- lighted. Receipts .are. still fl.uctuat- ing between $20,000,006 and $21,- OOOtOOQ: as they ;did when the 6pera.tr Ing theatres totalled 14,600^ .. lA: attempting/to; analyze thie na- tional situation, . fllni. sa,yanta are. finding, a. new, specie of .theatre .6p- eratoit—the. .liahdlord-^a^hlbiton Landlords Now Op^ 2)006 Thete - are " some -2,000 theatres throughout the coutttry tCday being run bjl'- rahdldfcls; These arie= diviiled IntOAtwO'-class^s.., __; L^^: Th6 first Is- the type of landlord who believes that pictures can't lose. BelteVihg ialso that'lte has'^prpflted by the mistak^9 i>f th^ rejgulsr ealhib whcgave up the'• house this:land- lord" (uSuaHy 'with ho show" expe- rience) tiirhs exhib over night. • Ijn- yariably,,.-after a few months, he nbsia-dives, and generally another professional tenant comes along, or thd^houise $tays dark. Thus. It is pointed-out. such type of dperatlon cannot-foe looked .upon -.as-permanent>. although for the tiine It does infla-te -the industry's show-' Ing in lights. Its benefit^ to the business* however, are' held to be thati once cured- ol' the. exhib habit, the landlord- is weakened'to. the point'where a-fimart.^hownian can alnoost dictatd-terms of rental. In the-second' department of land lord-^hltt elas»-!fication is the renter who-assumes mo^t of the operating expense-but cuts in a-professional exhibitor, who becomes, a. .partner type of manager. 2nd C[a8tl;{Bette'r' Second class' Is ' h<»ld to come nearer to buccess. At least, if the exhib is capable .and honest the house stands a chance of paying' tames.'whereas.-if closed, it would come out of the landlbrd's own pocket. Delving further into the freakish condition of this season, in a year whlbh started with the all-time Jan- uary total low of.'13,600 as against ■an- evcn-i6;006-for-the- same month of '32, analysts are finding other contributory reasons.' With reduction in overhead and film rientals' during the past two years figured currently to reach a saving of at least 35% for the aver- age theatre, times are held less dif- ficult for the exhibitor to carry on than any time during the depression: Even when an average national ad- mission scale reductiprt of approxi- mately 20% is taken into cbnaldera- tion, the exhibitor, from the stand- point of operating percentage, IS figured better open than shut;. Partial a:ppreciatlon of this, and the take^a-chiELnce alttitude; with the hope of being able to hold over the summer to a generally predicted bright faLll, is also believed resppnsi ble for the current b.o. freakishness iat this time. in an effort to account for addi- tional theatre openings, not reflect ing themselves proportionately in the national gross, picture pilots ad vance the belief that competition among: exhibitors Is so keen that in many overseated territories this type of theatre reopenlngs merely tends to dent the receipts of the established houses. Taking No Chances The Par home offices are be- ginning to resemble a studio lot. Executives, afraid of snub- bing the •wrong person with b. lot of new faces around, are now sayinsr 'Hello,' with that t smile, to almost anybody. Writers' Gufld Gets dose Shop Qause ■■ ■Hollywood-, June B. Screen Writers' Guild today (Monday) was within 30. votes of haying; the •22jO^ necessary adop'- tiori .ol /Airticle ' In the new code :of-practice* - This is considered the. erucial clause ^nd consists of closed shop principles. Committee nt. Academy Writers have drawn up revisions to the ex- isting writersrproducers' code which if ratifled will exclude j^t'oducers, associate, producers, supervisors and directors from, getting scenario credit on the screen. New clause is aimed at studio execs,- Who try to hog credit be- longing to the'scrihblers" ' Another atiiendMent -would- com- pel the -studios—to . filei_*lth_the. Aeademy a list of all persons work- ing, on a story to be printed in a tnonthly bulletin and thus give a break-to those who contribute to a picture '.'but do not get their names on the screen* So -far the producers ha-ve made no move. Ugaihst the new code and it is understood no objections Will be raised Within the Oulid itself, although these rUles can discipline writers under contract who peddle stories on the outside. Latter prac- tice -i^ :known to. exist, but the pro- ducers' so. far have been unable to chec^. Should the closed- shop clause be adopted, and w;hich is .expected In a few days, it will become effective Septk 1, but only at the discretion of the Guild's board of directors, clause provides that no Guild member, can work on a story iCor the screen with non-Guild members. HoBywooitat-Fair Sez Metro. WB honuse Tlieir Stars' Stopovers Starting RKO Hillstreet, lios An- geles, June 19. tor an Indefinite irun HORACE HEIDT AND ORCHESTRA Just concluded a sensational three weeks' engagement at RKO Albee, Brooklyn^ Thanks'to' Harold B. Franklin and Herschel Stuart Joan Bennett May Pick $55,000 Ont Of Ae %t Sky Hollywood, JUne 6. Fox liiome offlce»-are expected to okieiy ^65,000 payment claimed to be due Joan Bennett on her contract, which expired with that organiza- tion-last-week: This amount 19 al- leged due Miss Bennett for conces.- sions she made during period of her contract. She was to haye been given a stipulated $8,000 bonus on each pic- ture when finished and shipped to New York and a weekly bonus be- sides. ■ WARBLER ON HORSEBACK Extra Ust SHIl Hi WKarloii tor WB James B. Wharton, novelist and New York newspaper man, leaves for Hollywood Wednesday (9) with a Warner writing' contract. Wharton's last book was a warm yarn, *S|iu.ads.' He was set through the ■William Morris office. ' - Maynar/d . Adds. Troubadoring Hie Fast Riding to Hollywood, June 6. Ken Maynard who, with his voice and violin is acquiring a rep. aS a sagebrush troubador, is using a widely-sung cowboy lament, 'Strawberry Boan,' as the basis of his next pic for U. Song,. written about an outlaw hbss. was bought from Ciirley Fletcher, cowboy poet and iex- rodep rider, .whose saddle days ended when he was thrown for a broken leg. Maynard Is using tune and words of 'Strawberry Boan' as a foundation: for jseven song. .;num= hers in.;the coming opera. Not So Hot Hollywood. June 6. Ti-io of. indie. i>rpduceri3, each attempting to make American 'Cavalcade' pictures from old stock shots, are having trouble getting the events of. history to fit In with sex angles of their stories. There Is plenty of old studio- made negative showing Amerl-^ .oan celebs in action, but the' Indies no can. find any love scenes of the historically great. Academy's Agent With Bhnie Fest Par Tri-Stars — Hollywood, June 5. Paramount will "Put three names ahead of the title in its billing of 'Three Cornered Moon.* Tri-starring goes to Claudette Colbert, Bichard Arlen. and Mary Boland^ Hollywood. June B.. First publlo hearing by the. Academy's agents* committee on its proposed new code o|(_practlGie and standard contract turned oiit to W a- dud» _ ' '.. Although all agents'.were . fnvltW only 35 turned up. with nnost of the' big timers absenting themselves. First line agents that did attend, explained to the Academy commit- tee that they were only there .. to see what went on. They still ques- tioned the right of any body, of agents to work with the 'Academy for the code without authority from the 10. percenters as a whole. The jproposed code was read, clause tot clause, "and .there was -some- -discussion on . the articles which rambled repeatedly from thei main course and got into ^' chewing contest over the evils of agenting here, either from' agents' who blamed 'their competitors for raiding, e&ch . others* clients, or else ..from members of. the conimittee who dug up experiences' between clients ahd agents that were any- thing but ethical.' Lioster Cowan., executive aeore- tary of the Academy/siaited for the committee that It Will be several weeks before the code, proposition can be thoroughly woi^ked out and that at this time there is no as- surance that agents -will ever be part of the Academy or that a code will be put Into effect. He admitted that this hearing, with others to follw, is mainly a fishing expedition to find out Just how the artists' representatives felt on the code thing. From in- jl.lc*tlons of the fi rst meeting.. this isn't niuch. Another meeting for discussion of protest agents code and contract With Academy will be held Thurs- day night (8). Chicago, June Warner Brothers Is mentioned here as interested in VaUng 4U of.^ part of a feature in": the Hollywood studio on the World's Fair grounds. No details iare available. . This concession promoted . by local building contractor; Oscar Bbsenthal. With Burton. Holnies and iRCA Instlti-rtes, inc., tied in is scheduled to be inaugurated Friday, (9), Grant Withers and Dorothy Deere are handling the openin£;-v - - night festivities. Lee Tracey. Buddy Bogers. Fifl D'OrSay and Francis; X. Bushn^an are to give the Hollyfn' 'wood flavoi., . . Stars Will Take Bows Concession further states thiit Metro and Warners have promised— tb haye those of their stars Gom><.- muting bietween New York and thei coast to Stop oft for appearances at, the fair. This is distinct froni thei possible feature to be made by" Hollywood studio Includes radio broadcasting set-^iip v/ith ac- ■ cbmmddations for seating a 1 audience. Adr-^sslon to the com-- blnatlbn film-radio Jreplica has been reported-as BOc, but this price may be- reduced. A 'Brown Derby* res-: taUrant and a 'Malibu Beach Club' are ^to be . Attached .to the group of buldingS; which are located on -the Xake. jMlchlgan' pide of^^the so- called Northerly Island enrectly;"b€=^:— hihd <3€orge K. Spobr's spectaculum ■ < and the Pabst Blue Bibbon Casino. POISON IVY GIVES FOX UNIT THE WOR KS French Postcarfbig of Stars Holly wood Peddlers liitrocluce New Racket to Newspapers Par's 'Alice' Stunt Hollywood, J^^ne•5 Althoueh screen placenlents failed to hold up to the high of 4,598 reached week ending May 26, the seven days ending June 2 rated higher than average,.-with 3,758 days of work, Cecil B. DeMlUe aided the total •by using, almost 300 high school youngsters qaily for 'This bay and Age' at Paramount. Hollywood. June 6. Peddling nude photos purported to be of Hollywood's most exclusive and irreproachable femme stars to dramatio critics of middle west newspapers, is the latest Undercover racket to be unearthed In connection with undesirable emigres from the Picture colony^ TEp5r6ach""of""tHe'"turtive "rpicture^ peddlers is like those in the French postcard racket. Displays tire flashy nude shockers not .even labeled for politeness, 'art studies.' Sly intima- tion is that the purveyor, who represents himself in most cases as 'an assistant director," has secured the 'all together' fotos of.the femme celebs during certain .intimate stu- dio'tests, and that they are not to be duplicated. Nudes actually bear the facial likeness of the stars, but from re- ports boomeranging back to Holly- wood are comjposites made up of various heads and bodies cleverly double printed. Technique of the pic peddlers Is to approach the editorial stafC cf smaller news sheets - in the sticks, where presumably mOre credulity is to be expected, ahd to offer the fotos in exchange "for-an average sum of $10. iEIard luck stories are Used lo alibi the gale. The phoney 'assist- ant-diEector^.olalms-he has = just-lost his job in Hollywood and is com- pelled to part with the .nudeo in order to make his way east. Tlp-ofC came when a dramatic editor of one of the larger Missouri valley dailies reported back to a niajor coast studio that he had bought a set of nudes of their top femme star for $10."' ^et is at pres- ent in the safety vault of the paper, ahd the studio is trying to catch up with the racketeefs who are legally liable under the obscene literature and picture laws In effect In most states. ' Hollywood, June S. Paramount is trying a 'iBentle men Prefer Blondes' stunt to ob tain a lead for 'Alice in Wonder laiid.' Studio Is writing letters to dramatic editors and -women's clubs asking whether they would prefer, ah American or English girl ahd wl\ethet* she should be ah ama- teur or professional, blonde or bru- nette. Picture goes into production In September for release at Christmas .timoi WB Dates Carriilo Following completion Of his As- signment in 'Shoot, the Workg'. fot Universal, which went into produc- tion Friday (2) at the Astoria, 1,. I., JS,tudio,.JEie^JSaMUla^ stage engagements.. He is so far set with Warner Bros, for Washington and Phila- delphia, opening June 23. Cummings Back at Fox Hollywood, June 5. Irving Cunimins will return to the Fox lot to direct 'Madame,' a Sol Wurtzel production. Story is by William. Counselman and Henry Johnson. Cummings has been directing at Gblumbla, Los Angeles. June 5. :EntIre unit oh 'Paddy, Neait Best Thing' at Fojt is suffer ing from poison ivy. " Troupe-picked-it up at Point liObos State Park where they were shooting last week. ^Fark was filled With* shrubbery and all nicmbers of cast. Including ianet. Gaynor and. Henry Lachmah, dlrectbr, are suffering. It will dfe- lay the^ shtotlng-^chedule' -some- what. After Ban Was 0?ar Holly wood,'- June S. First day aftbr the S.crben Guild's ban- on members placing theii; nahies on term contracts was over, Manny SefC was given a termer at Warners* Ticket got the notary public's seal Thursday Seff Js .now .working on 'The Low-- down.* story for William Powell. Henry Blanke will supervise. Jos. Santley Story Will Star Ruth Chatterton Hollywood, June 5. Warners 'has purchased 'The House on 56th St.' for Buth Chat-' terton?s-nextr-story_going^into„wo.rk:l late this month. It's an Original by Joseph Santley. She.rid£tn Gibney is doing the adap- tation: Trio Awaits Vclez HoIlyWoiod, June 5. picture assljgnhiiehtsV in. succession await Lupe Velez, who leaves .'Strike Me Pink* in New York this Week. First Is 'Joe Pa- lOokai,' for Edward Small; then 'Malibu' and "Laughing Boy,' both at Metro. Joyce-Selznlck olBce agenting*' Animals in 'Malibu' Hollywood, June Sr Chester Franklin has been taken on by Metro to direct 'Malibu,' an asiimai^wry^Twith^butfvfoup-^^^ characters. Story Is by Vance Hoyt, an ama.teur naturalist and f ormei- jn?d-. leal doctor. "Written around ani- mal life in the Malibu Hills. 'Companions' for U. S. .. Hollywood, June. 5- Fox will release in this countryi 'Good .Companions', made from the J. B. Priestly novel by British Oau-; mont. Film features jeasio Matthewp.