Variety (Sep 1935)

VARIETY P I C ¥ E S Wedneadayt September 25, 1935 With Otterson's Coast Departure, Zukor in Charge of Par; Freeman, Lynch Empowered to Handle Deals Three days after the Parambuht Ijoavd; voted him full authority to nesotiate anew the. currently ex- piring operatinET. and theatre part- nership deals, John B. Otterson, oii Saturday (21) disparted for a ?ec-^ •■imTf nrtslt~to^"HollyTVDod7 -whTch: may last ■ about two weeks. Understood tiiht Otterson Is not going abroad, for the present, anyway. Before de- parting, Otterson empowered T. Prank Freeman to handle the ex- piring theatre! operating agreements. It Is pfllclally stated that S. A. Lynch will continue to handle nego- tlatlons. on the partnership ar- rangements which also expire cur- rently. Adolph Zukor, chairman of the boardi is Jn charge of Paramount, In'the east, while John E. Otterson visits on the Coast. John Hertz, of Lehman Bros., is understood to have sponsored the motion In the board. It Is expected that under Free- man all existing operating agree- ments, with possibly only one ex- ception, will be renewed for another year. Company has taken no official policy relative to the expiring partnership agreements, but Otterson's own at- titude* Is held to be in favor of re- newing same, depending on the out- come of negotiations which will en- Bu») for the next two months or so. These arrangements were to have expired Sept 28, but will not be disturbed for a period of at least 60 days pending negotiations. There Is no company record gf such an at- titude, but downtown opinion would indicate that , the Par director.*) are thus,' asTPed without having .made such overtures directly to the part- ners. Some sources. In the field, are au- thority for an account that Otter- son woulcl like to have ell exist'' Ing" partnerships to continue liidef. Still another claims Otterson's at- titude, to' be for .a five-year exten- sion of all the partnerships. Man- agement ideas t^nd "'to Indicate thdt It la the board's Ideas at lea^t that renew&Is' shall be limited to only ia tine-yeiar extension. ' ' $1 AN HOUR REVEALED AS SCRIB'S WAGE SCALE 'Top Hat,' Midwest, Okla- ... Jho;m...CJty; ..§ep.U _26 L. Capj_, ALt . toona, 28;° State, Spokane, 28; Martini, Galveston, Oct. Rlaito. Butte, 4; IJA, Berkeley, Cal., 6. ' reckles,.' Orph, Salt Lake City, Sept. 26; Orph, Memphis, .27. 'Jalpa,' Avon, litica, Sept. ; Bgyptlan, Ogdeiri, dct. 9. 'Peler Grimm,' Egyptian, bgden, Oct. 23. 'Hot Tip,' Pal, Ft. Worth, Sept. 25; Opera, House, Tuc- BOh, Oct. 7. 'Hia Family Tree,' Al- bee, Prov., Sept. 26. COLUMBIA 'Sh« Married Her Boss,' State; Boston, Oct, 4; Roch- ester, Roch.». 4; Pal, Bridge- port, 4; Music Hall, N. T„ 10. 'Superspeed,' Hollywood, Det., Oct. 3. • irl Friend,' Roxy, N. T., Sept 27; RiV, Toledo, 27; Fairbanks, Springfield, O., , 18. UNITEQ ARTISTS 'Dark Angel,' Loew's, Nash- ville, Sept 27; Pal, Dallas, 28; Warners, Milwaukee, Oct. 4; Buff, Buff, 4; Aztec, Ft. Worth, 25; Albee, Cincy, 25. ' .'Red Salute,' Pal, Cihcy, Sept 27; Hipp, Buff, 28; Loew's Century, Balto, Oct. 4; Loew, Richmond^ Va.,-11; Ritz, Birm- ingham, li. 'Barbary Coast,' Fox, Phoenix, Sept 28; 'Warners, MilWv Oct .4; Orph, Salt L. C, 10. PARAMOUNT irginia Judge,' Far, H., Sept. 27;' Allyn. Hartford, 27. 'Big Broadcaat,' Carolina, Charlotte, Sept. 20; Criterion, Okia City, Oct 4; Pal," Dallas, 5. ' 'Two For Tonight,' Alabama, B'h^m, Sept 27; Worth. Ft. Worth, Oct. 6; Malestic,. San Antonio, 6. SEPIA SPECIAL Lubltsch Lining up Negro Toppers For 'Chocolate Princess' Hollywood, Sept. 24. Paramount is lining up a fllmusl- cal whi ;h will includa a.n aU-Negro cast under title of 'The Chocolate Princess.' Idea and story has been developed by Erni3t- Lubltscb,;rWhQ. will supervise the production. Plan as mapped out provides, for securing -a3M«p •names -aroong Negro talient in the vaudeville, stage and TdAio fields, with picture slated to get before the cameras ^Ij^ next spring,. ACADEMTSliW NEW YORK'S DUAL BILLS SCRIBES Hollywood, Sept. 24. - New- basic agreement, and code practice tor writers drafted and ap- proved by the Academy's producer and writer committees, holds many benefits for writers over previous^ pact. Major imiproveinents Include (1), all .writing employment, even on a weekly basis, must be by written agreement, <2), producers cortimit- teed' for minimum- two years; (3), slniplified plagiarism warranty whereby writer assumes responsi- bility solely for. oflglhallty of his own work;. (4), writers holding contracts studios at present have 30-day option period to Include any favorable clauses of new agreement In their contracts thereby making It retroactive; (5), layoffs on writing contracts must be a minimum of one week, eliminates former prac- tice for layoffs; (6), writers to be Informed when others working on si me material; (7), credit for screen play to be divided not more than among three writers, and" neither directors nor producers can chisel writing credit unless worked on solo without collabora,tlon; (8), failure of studio and writers, on a, specific picture^ to agree on credits places aiithorlty with the academy com- mittee composed entirely of writers to adjudge disputes. Agreement Is being voted on by producer and director branches and goes into operation by a majority vote of each and signing of pact by Various major studios. Los Angeles, Sept 24. Woes of a playwright, came to light here In a Superior Court suit against Mann Page by Sidney Cook for reclssion of contract. Disclosure •was made that Page worked for Cook at $1 per. hour. Cook sued to end agreement which gave Page percentage- on 'Purely Synthetic,' three-acter by the for- mer, yWhen and if play saw produc tton:; Complaint told how Cook, after Page did some rewriting, took thp effort to New Tork and was snubbed by producers. Since that time Cook has revised the play. In terested an agent and producer In. the tiist and wants Page contract cance?Jed On .ground writer hadn't contributed anything to; subsequent work. On s^ime day ih rfiuniclpal court Charlotte Lemare wa.s sued for $300 by Marloii Redle, assignee for Grace ElUott, Miss Elliott, complaint said was promised that amount to adapt priglnal screen idea called 'Moon light and You," .based on song, 'Moonlight and Roses' Work was done, suit charged, but ho cash changed bands. COBB BOIURG OWN Hollywood, Sept. 24. Walter Wanger has assljgned Humphrey Cobb, author of Taths of Glory,' to write aii origlhal. Will be. for Henry Fonda or Charles Boyer. 'WISDOM' FOB LOUBABB : Hollywtiod, Sept, 24. 'There's Wisdom In Women,' Joseph C.Kesserllng's play produced, in summer stock this season and •Life Begins at Mlnsky's.' has been set as a starring picture for Carole Lombard. No other assignments made. DnPont's New Cellophane Fdm May Revolutionize All Sound Recording June Travis Draws Lead Hollywood, Sept. 24, Junel Tl-avls, daughter of Harry Grablner, president of Chicago 'White Sox,;, who was recentLv signed to a term contract at. War nera and wh^ has been playing bits at that studio, has been upped to femnio lead. opposite James Cagney and Pat O'Brien In 'Celling Zero.' Howard Hawks will direct. Recent test of DuPbnt's cello- phane ' fllni carrying only a sound tf4ek Proved.bo'succeissful that obr servers and experts in the enter- tairinient field think it may prove revolutionary not only to the picture business' but to. radio and phbnor graph field. Cellophane film wa.s given trial last week before RC-A o cials behind closed doors! The low cost of the new Inyention, its clear fidelity of tone and easy manner of operation impressed all in attendance. Figured-that this new film could be used on broadcasts In place ot electrical transcription's, with- pos- sibility later of being employed with real economy on re-broad casts of live talent programs. For pictures, it was regarded basically as showing possibilities in reduction of negaltive and positive print costs. Third outlet for new cellophane stock In via a new in vcntlon that may in time supplant present phonographs. Instead of records, this film would be run through comi)act sound head box; with photo-electric cell trans planting photographed sound track Into sound. Initial cost of this fllm^ CAITTOB SIGNS FIELDS Hollywood, Sept. 24. Sidney. Fields, straight man "with ^'-fe Begins In Mlnsky's,' had been signed to d. personal contract by I sound set would be biggest item Eddie Cantor ftr two years. with likelihood that it might be Fields .vvlU write .material for an marketed originally fof slightly act as -Cantor's feeder on h«i rir J under $100. Real economy would be progranjs,.,,,. I In records, with fllni costing around $4 or $6 being good for 15 to 18 minutes of music br recordings,, and set to last fbr years! 'Test cellophane film ran about 400 feet being 16 mllllrheter in width. Clarity of stock Is reported to have beeii largely responsible for flaw- lesis reproduction of sound as com- pared, with original live talent riiusic. Made of virtually hon-ih- flamatile stock, this film sizes up to be virtually tear-proof and unlimited durability, Ofiiciais who sat in at test were Interested primarily in how cost woiild compare with present elec- trical transcriptions. Estimated that 1,000-foot film would be obtainable for at least half as much as present films • with sound track, quoted at about $9. Perfection of manufactur- ing details is expected to lower cost of euch a cellophane film to present cost of electrical transcriptions. Im- proved fidelity of tone, longer life and longer playing time were claim- ed as advantages.over the records; Woi*k of making a cellophane film that will not tear at sprocket holes is rer jrted nearing perfection in the hands of DuPont's laboratoiy ex> perts. When this is done, company expects to have raw stock that will have all good points of present stuff used but at a bier saving in outlay for negative and positive prlntn for producing companies. By JOHN C. FLINN Seven-day exhibition of double features in the key lielghbprhobd tlfieatres bperated by Loew' affd KKO In the New York area, a new policy in effect for the past several weeks beginning with" releases of the current season, is creating dis- cussion In the trade of a pi-oblen^ regard'^'d "as the mo'stTroubldus' In several years. Competition of double-billing by Independent subsequent funs to 'the Loew and RKO larger neighborhood houses is the reason given by the " tcew" and •RKO-'-openttorB-for^^e- change in" exhibition policy adopted by the two circuits. Spokesmen for each have qtiallfled the explanation with the hopeful comment that 'tbe practice would wear itself out with- in a year, and next season would find a return to single features throughout the territory. Such op- tlmlstic forecast is not shcu-ed by the heads of several ot the major distributing companies. To assume that the 'way to bring ab^ut a return to normal single feature exhibiting in the New York territory is first to create a condi- tion of confusion and economic loss in the hope that all factions sub- sequently will be willing or be forced to a general agreemient against double-bills. Is strategy fraught with dangerous consequen- ces,' said the head ot one of the major .distributing companies. The preisldient of another distrib- uting bompany which handles a se- lect number of pictures said: Exhibldiig conditions in any .ter- ritory are merely a reflection of the policies adopted by the leading the- atre or circuit in the respective area. The complete breakdown of the fight against double-features in New York will mean tliat the prac lice will gaiii momentum in other sections.' 'And after double features, what then?.' he was asked. 'That's right.' he replied. "What then?' Throughout the 1934-35 season just closed ia. policy of mixed single and double bills was in force in the principal neighborhood thec.tres of the two circuits. A strong single picture was shown over the week end. from Saturda,y until Tuesday, and two pictures were iplayed gen erally on the short-end, Wednesday, Thursday ajid Friday. Twenty-flve of the 3S RKO houses in the distHct operated under this plan, which re quired 156 pictures annually. , The. balance of the theatres played straight double bllis, using 208 pic tures. In the current, season 62! ad- ditional pictures have been con tracted foi' exhibition In the 25 key spots. The same trolley and total film requirements maintain for the 63 theatres of the Loew circuit, RKO and Loew Lineup The RKO buy for the current sea^ son consists of 48 from Radio, 62 from Warner Bros., 18 from Univer- sal,. 44 from Fox, .12 from 20th Cen- tury, 15 from Republic and 9 from Gaumont-British. Distributor repre- sentation in the Loew theatres is 60 from M-G-M, 60 from Paramount, 40 from Cplumbia, 20 from United Artists, 18 from ■Universal and 16 from Republic. Prior to this season and for many, years the Paramount releases were equally divided between the' two circuits. None of the wiell known contro- versial issues of the fihn Industry such as block-booking, cancella- tions, selective contracts, forcing of short-subjects, giveaways and clear arice and zoning, ha3 lived as lonis or as prosperously as double-billing of features. Year after year the major distriijutors uhd some of the afilllated theatre .circuits announced determined efforts to stop the pvac tice. Notwithstanding, the sprea<l of the policy continued, until with- in the past several years nearly every exchange territory in the country has numerous theatres pf (ering dual features,; The Cleveland Situati Generally recognized as destruc tlve to theatre interests, if only be- cause of the complications attend- ant upon the length of entertain- ment offered for one price of ad- mission, double billing has ' been banned In certain territories by ex liibltor agreements. Such an agree ment between all the theatres in 'Cleveland, O. was made In August 1932, In settlement of a dispute which had arisen In that city- be- tween independent Interests and the theatres controlled and operated by Warner Bros,, RKO and .Loew's: In consideration of certain admission run ; theatres, distributor-owned, the subsequent run bouses pledged tbemiselves to the single-bill policy of- exhibition} and-agroed to-prohi- bitions against premiums, and two- for-one admissions,, The Cleveland agreement between the theatres ex-*- plred on July 8, last, and has not been renewed. Wltb the .start of the---eufpartt- -sectaEHi--'deuble-rfe-Slla have made their appearance In the Cleveland subsequent run houses. There has been concern expressed from tim^. .iojivafi.. hy^Drqdiiceja In Hollywobd that doubie-bllls would hnvft rin ftpprAr>tnh1ft inffpof ■ tm fllm rentals. The spread of percentage bookings for outstanding i9,ttractions has been countered by clauses in many theatre contracts that when a bouse plays a dual attraction the cost of the lesser feature could be BUbstracted from gross receipts be- fore- the. computation of percentage on account of the stronger fllinit Currently, one of the . major distrlb'- utors which is listing a group of 20 of the season's releases for percent- age booking, agrees to lower the share of" 5% In every house where double-bills are shown. First break in the double-bill pol-. icy of the RKO theatres, will occ\ir Oct. 6, when 'Top Haf will be shown single bill In all the theatres ot the circuit for fqll seven-djay engagement (To be continueH) Nabes Adv. Pix Far In Advance; Keeps'Em Away from Delnxers Becauise of the manner In which: RKO, Loew and independents are plastering the town on coming attractions, the downtown New York first run theatres are threat- ening to demand more protection, both as to run and advertising. Claim Is that their business Is beioiT Injured because pictures go Into, second runs downtown and first run neighborhood dates too early '"and that pictures on these subsequent engagements are being advertised too fat" in advanc<B. ' within recent weeks RKO and Loew have been heavily plugging big pictures of the fall season and increase of double billing under whibh public new gets 'two big ones.' Prior to this , move,' it had been the tendency to advertise as mtiny new pictures coming into neighborhoods as possible, often before these pictures had even reached their first run shpwlngs. Attitude of the downtown de luxe showmen Is that this advertisingr has the effect of keeping people away from the first runs, knowing the pictures will shortly come Into their neighborhoods. In the past, neighborhood operatlpns didn't ad- vertlse so much as now, which to- gether with the narrow; protection on run existent in New York, Is causing the complaints. Another factor which tendq to keep people in their neighborhoods or Jn waiting for the bic: pictures at second runs downtown Is the fact- that stage' shows are in the minority and thus do not serve ^s additional bait meriting the hlglier first run prices. Currently only tiiie Music Hall and Roxy, among all the first runs, have stage shows. Center will be added to the. list shortly, as also will the Paramount Meantline the Pal (2nd run) drops vaude Thur.sday (26) for the run of 'Top Hat.' WALSH THREATENS TO WALK ON WEST FaM Hollywood, Sept. 24. Mae West's picture, 'Klondike Lou,' halted at Paramount today with Director Rapul Walsh threat- ening to wal . Three-way scrap, involving, studio, director ind actress, flared up over the photb^'- raphy, after film has been in pro*- diiction 11 days with only four pages of script made. Miss West ordered retakes every day, over previous day's shooting, with Walsh burned. "Victor Milner first assigned to 'Lou' was recalled fojc. retakes on 'So Red the Rose,' studio ru.shlng In Teddy Tetzlaff. Miss West is demanding CaX'l Struss, now on 'Anything (ioes,* but Crosby is standing? firm and won't prices to be charged by the first release him.