Variety (Sep 1933)

Tu'esdayt September 5, 1933 PICT E S VAKtETY STAND FOR DUALS Plenty i^f Maneuvering in New York As Code Hearing Time Approaches; 50 Trade Groups Reps in Capital .Everybody In film business this week Is abusing the word 'etrate/jy'. ^hey'r^' llnlne: up defenses for their pet clauses, arranging and flghting among each other lor proxies and what-nots, and yet finding time to backhand so'nie of each' other^s pro- posals In the tentative code^ which enter the li^ashington ring com- ine'nclng Sept. 12.- At least 50 trade groups expect to represented. How many will clutter the talk areiia presided over by D. A. Sol A. Rosenblatt, and how many days' or weeks the main battle royal will take, no one—even those highest bracket spokesmen — can ponjecture. "With the picture armies setting themselves, it is being circulated that the reports of some of the committees, as represented in their memoranda to Washington, which now furnishes the fighting mat, may be attacked bebause certain com- mitteemen designated ' by the Gov- ernment did not function, but turned thef reins over to subalterns. Harry 'Warner and Nicholas Schenck are among two of the leaders who will be charged with doing this if this ■phase of battle, part of the indie producer strategy, gets a chance to ^materialize. .1 Looking for Out (,•■ Already certain of the major (leaders are known to be looking for an out which would save them the Washington trip. But their lieuten- s^ntSy in two such cases anyway, are Vrging them to be seen in the code court if for no other reason than possible moral effect. Another angle, only revealed in the last few days because the code record generally publicized con- tained no mention of the fact, is that many' of the committeemen did not vote either way on certain propositions contained in the form- ula now in the government's hands. Affiliated theatre circuits as a body, it is now stated, refused to commit themselves when exhibitor commit- teemen were on the subject of nam- ing Hays writings as industry moral stajidards under the govern- ment. Reservations of this kind during the committee sessions are cur-, rently reported to have been many, with the result that at Washington matters which now seem in agree- ment, more or less, are liable to de- velop sharp opposition from unex- pected quarters. Pettijohn Sidetracked Major circle strategists, including some of the oldest hands at indus- try politics, arc seemingly retaliat- ing by propagandizing indie out- posts. Charlie Pettijohn almost had indie exchanges convinced they jshould let him be their proxy r - the tnatter of Films Boards of Trade (Continued on page 11^) COAST INDIES LEAVING FOR WASH. MEETINGS Cotlitis Hollywood, Sept. 4. Hollywood is currently try- ing to keep straight on the half dozen or more (iodes now oc- cupying the attention of vari- ous film! groups. In addition to the industry code, which gets top billing, there is the agents' code, pro^ ducers' code, writers' code, lab men's code, extras' code, and so on. With' all these codes Holly- wood is still trying to figure out. its first' code—the Hays code on morals. Hollywood, Sept. 4. B. B. Kahane, president of Radio Pictures, leaves for New York -Thursday (7), going on from there to WasHington to attend code meet- ings. After that Kahane returns to the New York office, where he will re- main three weeks handling procluc- tion problems. Also going to the code meets are Adolph Zukor,: Phil Goldstone, rep- resenting the indie producers and J3en Bernstein, representing the Indie theatre owners of Southern California. jliatter replaces Gus Mctzgcr, president of the body, who will remain here. Belief here is that the producers win ond their work at Washington in two to three day.q, with the ex- hibs and distrlbs lingering about two or three weeks longer. L. A. PRODUCERS GIVE IN ON 2 CLAUSES Los Angeles, Sept. 4. Tomorrow (Tuesday)' night some 50 Academy branch executive com- mittees and board of governors meet for a final ironing out of the organizations' stand on the NRA code. They will also select at this session the members who will go to Washington to represent the Acad- emy at the' hearings. Present indications- are that the only fight will be on the employee attempt to put a 48-hour week limit on production units, and prob- ability of a split on the employee efforts to extract the teeth from the producers' agreement before its inclusion in the code. Producers' section was at the Academy meeting Friday (1), but with few of the big shots present, and okayed the code committee's recommendations except that which limits the number of hours a unit can operate. All producers will sticlc to their argument that no limit can or should be placed on the hours of production In the code verbiage. It Is probable that the matter eventually will be put Into the lap of the administrator for de- cision. On the other hand producers are now agreeable to the elimination of the clause which would exclude age'rtts from their clients' confer- ences with the producers save those at which financial matters are to be the main subject of discus- sion. Surprise move weCs the Academy producers' assent to the recommen- dation that producers' agree- ment be changed to permit rival producers to bid for a player's services at any time during the life of his contract and not forbid propositions until the final 30 days of the life of the document, the present convention. Henry Herzbrun made a plea for the retention of' the limited open season as the only* protection against raiding and contract- breaking, but the meeting was v/ell attended by the smaller producers and indies who fought for the ex- tensive open season. High exec- utives who fought vigorously at the previous meeting were not present Friday but it is likely this will de- velop into a major issue before thf hearings. B, B. Kahane, who helped draw up the producers' code, asked to bo excused from voting on the que? tion Friday. ilES PROTEST Producers, Distributors, and Exhibitors Preparing to Fight Against Exclusion of Double Features Notice Given Indie Studio Staffs In HoDywood, Pending Outcome of Double Features Future Via Codes CLAIM RUIN IN SIGHT ...independent' producers and dis- tributors are preparing to tell Wash- ington.that the end of double fea- turing in the U.S. will completely destroy their' department of the« in- dustry and will throw over 50,000 people in picture^.and associated'in- dustries oiit of wOrk. They are setting themselves tp prove that in many instances dual- ism is the small exhibitor's only method of retaliating against the big picture house with the stage show. They have solicited numerous telegrams and letters which they will turn over to Deputy, AdmlnlSr trator Sol A. Rosenblatt, hoping to prove such contentions on .or after Sept. 12. Ired by what they term an effort of the majors to conceal the real situation, and what they term a; de- libetate effort to narrow production down to the point where they would be squeezed out of the business and major prices would ascend accord- ingly, Indies who were designated by the. government to compile the codes are now revealing what went on behind the scenes. fid Golden of Moiiiogram, who Is leading the Indie producOr^dlstrlb fight to save dualism, quotes hlniself as telling committeemen In star chamber: 'I made the statement that there Is no situation in the U.S. that re- quires more than 325 features for exhibitors In any locality, city or town, on a single feature policy. 'And I asked any sales manager present to refute that statement. And no one did. 'I made a further statement—was it not true that the only reason that the majors wanted a single feature policy was so that they could get more income for their pictures? 'And they said: 'Yes*. 'I then asked was the code being (Continued on page 37) ^ Crushing Men 'It Is pitiful the way men In the business axe being crushed* replied Exhibitor Coordinator Charles O'Reilly when asked about the content of bundles of code- fan mail he Is daily re- ceiving anent the hearing in "Washington on Sept. 12. ACTORS AHACK NON-THEATRE CLAUSE Los Angeles, Sept. 4. Actors from' both Vaude and the legit ar« banding to defeat clause 51 in the NRA code which, seeks to prohibit' performances in auditor- iums and halls not generally de- voted to theatrical exhibitions. Latest to swell the ranks Is Eddie Cantor, who has wired Deputy Ad- ministrator Rosenblatt to protest that Inclusion of such a clause might close theatre doors to all in- dependent attractions and permit managers on the Inside to set their own terms for playera* services. Cantor additionally pointed out that such a clause would have a tendency to decrease employment rather than to open additional jobs, which is the basic idea of the entire NRA act. Comedian stated that he contemplated another of his barn- storming tours. Prank Gllmore, of Equity, on an inquiry from Cantor, stated that his organization is fighting clause 61. Added In his wire to Cantor that if any action of -Equity had created any impression that body was In sympathy with the clause In ques- tion he wishes to enter official dis- claimer of such support. ' ' / y/'^"'/ ■'''^ Mayer at Hearings Hollywood, Sept. 4. Louis B. Mayer leaves 'here Thursday (7) to attend the code meeting (12) at Washington. Sam Wolf, attorney for indie pro- ducers, is hitting the same trail. Hollywood, Sept. 4. New strength was given the in-.^ dependent producers' fight against* the NRA code clause against double billing when the Independent Mo- tion Picture Producers at r. meet- ing Saturday (2) decided to ^« two weeks' notice to- all etnployeeS.' Immediately in preparation for lay—. Ing some.off If double bills are pro- scribed by the code. This action will be brought before the film code hearings as a demon- stration cf the Indies' contiention they cannot.carry out the employee^ provisions of the NRA act If the. market xor their product lb so se-. riously curtailed by an official act. Active producers among the 13. members of the IMPPA whose em- ployees will bo affected are Phil Goldstone, M, H. Hoffman. Trem "Carr, Larry Darmour, Nat Levlne, •SIg. Netifeld, Harold Hopper, for- Mayfalr; General Film Productions, Keneth Goldsmith and Harry Hoytr Layoff form was sent to producers Saturday- and employees will- r©-^ celve their notices tomorrow (5). Sixty key Independent' exchanges throughout the country have been urged -o take slniilar action. Orgain- Izatlon will nOw ask theatres play- ing Independent product to also give notice to house employees. Howard Hurd, business managdP'- of the cameramen's union and the- soundmen's union, has indicated- they will support the Indies In the* contemplated campaign. It is an-<- ticipated that. a mass meeting of Indie employees will be held thlis week.' Shorts- producers, who have beeu expanding their production pro»; prams In expectation that the abol- ishment of ■ duals would -Kive them more bookings are worried oyer the indie stand, but are taking ne con* certed action. Sonie of the shorts men are' grumbling that poor quality of- product turned out by one or two companies has had much to do -with the popularity of the double bills* They argue the best way to fight the duals Is the production of semi- shorts of three to four reels ia length, of a quality to copapete with the full lengths. Producers dolner shorts for release through affilia- tions with major companies are urging better stars and more ad.* vertlslng on short releases. | ^ THEATRE GIVEAWAYERS HOWLING AT CODE BAN — i Hollywood, Sept. 4. ■ Clause in the film NRA cod« ruling out theatre premiums -will run Into opposition at the Wash- ington hearing Sept. 11. Represen- tatives of companies manufactur- ing or distributing gifts especlaUy. for theatres will be on hand, as the clause would be practically a death' blow to. many of them. Andrew. Stone, originator of the Race Night idea, which Is belnff^ used by the new Race Night Corp., and on which $100,000 Is reported to have been invested. Is at present in New York representing his and other premium companies. TAY GARNETT Director of "S O S ICEBERG" returns soon from Germany and Greenland, where Universal's epic of ice and snow was photographed in its entirety. This super special of Universal's climaxes a series of a dozen pic- tures tlie young director has made since his rise from the writers' ranks only a short time ago. lie goes Into his next production for Universal Immediately upon his return to Hollywood. I CANADA MAY OBSERVE NRA'S PICTURE CODE Canadian film trade associations^ In which U. S. production and dis- tribution companies are chiefly Va^ terested, are set to pef.4uade above the line exhibitors that they should abide by the picture code, at least. In regard to what comes out as faii; trade practises. The Canadian group hooked up with the Hays office already, it Is revealed. Is making plans to stein double features and giveaways.