Variety (Sep 1935)

-tr^^sday, September - 25, -1935 PI C ¥ ES VARIETY GOVTS PARADOX ON FILMS Choice from Three Hollywood, Sept. 24. . New offlces are ready at.United Artlat studios for John -Hay-Whit- iney, expected in this week for a iortnight's production confabs with 'Meirlah C. Cooper and staff. J. Prexy of Pioneer Pictures will set the-first of eight Technicolor fea- tures t0| go into production under Cooper's direction. Initialer will be one of trio now being readied: 'En- core,' ah original by Oliver H. P. Garrett and Billy- Wilder; an un- titled pirate yarn -being adapted by Ray Harris from a Collier's story, iand an unnamed original by Wilder, haying a continental background. Cooper stepped .over into his new berth at Pioneer immediately after preview of his production for Radio, Uiast Days of Pompeii,' last week. Four films and the new Hlppo- df'ome show, 'Jumbo,' are using the regular billboards in the-metropoli- tan section, , the largest number at any ojtie time in nearly five years. The films ar e 'Dark Angel.* 'BroadT^ way Melody,' 'The Crusades' and 'A Midsummer Night' Dream.* Joe Berhat of iQeneral Outdoor Adyer- tlslng,: in charge of the theatre di- vision, has handled the business. Filins from Classics For B.O. and Otherwise Urged by WiD Hays trong suggestion that the pic ture industry might do well to pro duoe a number of features from the classics was made by .Will Hays when he spoke at the regular quar- terly directors' meeting of the MPPDA last Wednesday. (18). He made no specific references to al- ready completed product although holding i-i) the works of .•.William Shakespeare as an example of what he had in mind. His Idea was that even if some of the classic adapted to this screen did not reap a fortune at the box- office, they would go far towards Increasing good will among poten- tial picture theatregoers, with the result that all producers wouid benT eflt in the long run. Hayslan argument was further bolstered by actual gross figures Indicating that several recent pic- tures, along classical lines have ap- pealed to plx fans. Hays 'office directorial session, Which lasted from 2:30 until 6 p.m., failed to bring any definite, vote on any subject though way was paved for later action on several. It . had been expected that, some action would be taken on the matter of new rules for the title committee but directors did not take up the subject. D DEALS BRING ROBESON, SHERIFF FROM ENGLAND ollywood, Sept. 24. Paul obeson and R. C. Sheriff are coming over from England oh deals with Universal for the Carl Laemmle, Jr., unit. Sheriff sailed last Friday (20) and has several writing assignments awaiting him. Robeson was set by long distance phone to do his orig- inal 'Showboat' part in U's talker remake. He's due In Hollywood by Nov. 15. Vallee's 'Lucky Me* at Warners Set for Oct. Hollywood, Sept. 24. I-, Next Rudy Vallee picture at War- ners will be 'Lucky Me,' original by Bessie. Bacon, which Snm Blschoff will produce. Screen play is being done by Llllle Hayward and Robert AndrcWs. Slated for production latter part of October. METRO /HOOD' BUILDUP Hollywood, Sept. 24. Metro's 'Robin Hood of Eldorado" looks good to the studio, .hence execs, have decided to give It a buildup with added sequences.- It will go out as a special. Billboards BulGsh THIS SUMMER'S PICBIZBEHER THAN LAST ■LIIBEVl ; Si t ill Washington, Sept 24. Film patronage is holding up much better this summer than last year, according to indications given by latest Government tax figures. Although showing for year to date is poorer than 1934, August collections, based on Jiily business, showed encoufaglhg jump in amuse- ment tax payments. Revenue Bureau reported Thursday (19). Total U. S. take from 10% take on film patrons was $1,313,551, third high- est for any month in 1935. Poorer current year's showing so far is due largely to sharp slump in July col- lections, reflecting decrease in ad- missions during June. This year's August take was $36,- 637 better than the disappointing July, figure but a. big $319,834 ahead of the jmme month last year. August was the low point of the first eight months of 1934, hence considerable gratification at this year's August report. COLOR FILM AT NO EXTRA COST, CLAIMED Los' Angeles, Sept. 24. Action to determine his legal rights to a natural color process has been filed in Federal Court here by Richard Thomas, who set up claim in petition that color films can be turned out by his method at no cost to producers over expense of ordinary black and white film. Petition sets forth that three or more lenses are used by Thomas to register three or more color expos- ures upon a single negative film. Pictures In natural color of high- est fidelity without resorting to dye- ing or processing can be made by his method, Thomas declares. He Is also filing action to patent his process and wants coiirt to examine witnesses to prove his rights to in- vention and to protect his heirs in case of his death. Sequel to *Cair WHl Be Hot Weather Special Hollywood, Sept. 24. Business rolled up by film version of 'Call Of the Wild' resulted in purchase of Jack London's sequel to the yarn, 'White Fangs,' by Darryl Zanuck for 20th-Fox. New dog picture will go Into pro- duction early next year for release around June, with Zanuck expect- ing hot weather will help attract customers to feature laid in snow background. 3-Yr. Starring Pact for Irvin S. Cobb at 20-Fox Hollywood; Sept. 24. Irvin S. Cobb will be starred by 20th Century-Fox in a group of picr tures during the next three years, under provisions of contract signed with the writer by Darryl Zanuck. Fli'^t Cobb starrer will he 'Every- body's Old Man,' from original story by Patterson McNutt and Milton Sperling. Cobb was initiated into pictures by Hal Roach more than a year ago /n a group of starricir shorts .for Metro release. Until Anti-Tivst Case Is Out of the Way, Piz Industry Deaf to Setting Up Any Sort of Voluntary Code of Trade Practice NO PARLEYS No definite move towards setting up a voluntary code in the film in- dustry or substituting other machin- ery to supplant the .old NRA code operations will be taken until the St. Louis Justice department ac- tion is deflhitely settled. With indictments charging conspiracy and restraint still pending against Paramount, Warner Bros., RKO and certain individual officials of major film distributing companies, any- thing smacking of a voluntary agreement, even though headed for an official blessing by the Federal Trade Commission, is strictly taboo. Although the attitude of some leading Hayslan officials is under- stood to be that 'something most be <done' to substitute machinery for curbing questionable trade prac- tices, no move was. taken in this direction at the Hays office direc- tor's confab last week. It's likely that no step towards reviving Film Boards of Trade on a fulUinie basis, will be taken until after the St. Louis trial Is out of the way. Slant of certain Hays organization officials is th^t there is no reason for enlarging {Activities and present skeleton staff 'of these boards until it is better known what distribution companies want to accomplish through them and how such a plan can be carried out. Position of strictly liands-ofT on voluntary code or anything smack- ing of an- agreement among pro- ducers7distrlbutors is so strong that certain major company officials have been known to walk out of meetings where any discission of the topic fias come up. Th&y will have no part of conversation per- taining to Industry agreements while < Indictments stand against them. Certain major company leaders view present situation as para- doxical, with one bntncb of the Federal government . prosecuting major companies because of alleged agreement or conspiracy at St, Louis on one hand, and another division of the administration striv- ing to set up a voluntary code by agreement among the larger com- panies and Indies, on the other hand. Specified rules and regulations under which such a voluntary code would be permitted by the present skeletonized NRA are generally re- garded as not paj-ticularly pleasing to leaders of the picture industry, which would.prove a further handi- cap in moves for voluntary setup. .Eventually, many industry ob- servers believe much of the code work will fall on the shoulders of revivified film boards of trade, with the Hays organization as guiding light. y. 8. Mixet Rush Act Washington, Sept. 24. Move to put on the rush act in connection with St. Louis film mo- nopoly cases was blocked last week when high-up in the Justice De- partment threw cold water on plan of subordinate officials to request appointment of an expediting court to hear arguments on the govern- ment's injunction request. Cases will come up as previously sched- uled, with Injunction suit due for hearing Oct. 1 and criminal trial set to open Sept. 30. Prospects are for further postponement on the crlmT Inal cases. While lesser lights were fu Ing with exasperation over long string of postponements. Acting Attorney General Stanley Reed nixed the re- quest of Assistant Attorney General (Continued on page 23) Q. S. Govt's daim for Bi^j83 Tax Arrears Against Wm. Fox Details Remember? Metro's 'Dancing Lady/ re- leased In December, 1933,, In- cluded Fred Astalre a;nd Nel- son Eddy, both of whom ap- peared for just a couple of minutes. Astalre worked with Joan Crawford in a short dance number, while Eddy .did a vocal wltb the band. Both boys are doih' PAR HITS 5-YR. PROD. PEAK. 12 PIXINWORK Hollywood, Sept. 24. Five year production high was broken at Paramount last week when 12 pictures faced cameras. With the exception of one com- pany, all worked in the studio with every stige and street set occupied. Companies working were 'Coro- nado' on location at Coronado; 'Col- legiate,' 'Milky Way,' 'Anything Goes,' 'The Bouncer,' 'Bride Comes Home,' 'Millions in the Air,' .'Klon- dike. Lou,' 'Desire,' 'So Red the Rose' and"It's a Great Life.' Latter pair are drydocked for retakes. BUFFALO BILL LORES DE MILLE FROM BIBLE Hollywood, Sept. 24. Possibilities are that Cecil B. DeMllle will sidetrack the scriptures for his next picture and produce a saga of Buffalo Bill instead of 'Sam- son and Delilah' as announced. DeMllle' has developed an Idea around the plainsman and frontier character that appeals to him. He will make his decision some time this week. 'Samson and Delilah' script is still in the rough stages. Zanuck's New Qtrs. Hollywood, Sept. 24. Fox will build a new administra- tion building on the Pico street side of the Westwood lot to quarter Darryl Zanuck and executive staff. Alongside this structure it will also erect new stages to handle Increased product. Buildings will be finished Jan. 1. Metro Plans Annual Prod, of *BVay Melody* Hollywood, Sept. 24, Opening, reception of 'Broadway Melody of 1936' in its various runs has Influenced Metro to plan the picture as a yearly affair. Sam Katz has assigned Sid Sil- vers artd Jack McGowan, latter on loan from 20th-Fpx, to whip up the new yarn for the '37 edition. Studio will follow the present edition so far as new faces are concerned. Zanuck's Spill HollyM'Ood, Sept. 24. Daryl Zanuck suffered lacera- tions of the arms and legs Sun- day (22) when he was pitched heail- long from a horse Into & barbed- wire fence at his Sari Fernando i-anrh. After treatment. Zanuck wa.s able to attend a, party jit .Tt).soph M, Bchenck's home, Washington, Sept. 24. Repercussions from Senate prob9 of Fox Films and Fox 'Theatres af- fairs two years aiso echoed hero last week when the Internal. Reve- nue Bureau petitioned the U. S. Board of Tax A.ppea1s to sustain deficiency assessments, fraud pen- alties, and interest charges against William Fox to the tune of |3,- BV)h*,583.. In one of the biggest tax cases of receint years, Government aisserted that Fox ower. the treas- ury $1,880,142 in Income taxes on his earnings during 1929 and 1930, an(i is subject to penalties for eva- sion in the amount of $940,071,, as well as interest to d.ate to the ex- tent of |74i3,370. Substantial part of the iamount tho government seeks to recover from .the film magnate represents profits derived by Fox in 1930 from his complicated financial transac tions with Harley. L. Clarke, Chi- cago financier, who. Fox said, was lecder in the plot to oust him from control of his properties. Other in- come was from equally-puzzling dealings in the stock market on his own account. In reply to. Fox's petition for rer determination of his tax bill for 1929 and 1930, the government ac- cused the retired film magnate of attempting to duck a large part of his tax load through 'false and fraudulent' means. Robert H. Jack- sou, assistant general counsel of the Treasury Department,; Implied ths t except for the statute of 11ml- tat.'ons the case would have been carried back Into earlier years. Possibility of criminal charges against Fox, similar to those the government brought against Charles E. Mitchell, prominent New Tork banker, and attempted to bring: against, former" Secretary of the Treasury Andrew W. Mellon, was seen In the government's* action. Lengthy Revenue Bureau petition was filed with accusations that Fox and Herbert Leitstein plotted to reduce the film czar's tax liability' and to cover up various details of his income.: Bulk Bated oh 1930 Bulk of the government s claim Is based on Fox's 1930 income, with aggregate 1929 bill amountingr to only $66,427. In addition to a pre- vious deficiency charge of $1,601,644, government last week added $260,- 000 to cover other omissions which have just been discaVered. Government challenges more than $9,000,000 - claimed by Fox in stoclc (Continued on page 17) ROCERS' 10^ ON U'S 'W TOTALS $6,000 Hollywood, Sept. Cha,rles R. Rogers, Paramount producer, will get about $6,000 as his share of the net profits on 'Dia- mond Jim' from Universal to date^ Rogers had a story on Brady'A life, written by Mike Simmons and Arthur Caeser, which he tried to get Paramount to mak^ for 18 months, but studio executiveg were always Insistent that the public was not Interested in this type of yarn. When Universal announced It would make the picture, Rogers, who had the story registered with the Hays o ce, notified Carl Laemmle, with latter buying the yarn and deeding Rogers 10% of the net take. YATES-JOHNSON WEST Hollywood, Sept. 24. Herbert Tatcs, Consolidated Lab ht-Jid, and W. Ray Johnston, pres-- ident of Republic Pictures, are duo from the ca.st noxt %veek for con- Uihii with. Trem Carr and Nat Le* vino. Will Ic-'i.scs