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Vednn^T^ Avgwai S> 1936 PICT VARIETV WB Sates Drmbn Idea: Grad Sears Upped as Andy Simtt Jr., Resps With Gradweli L. Sears moved up to post of general sales irtanager in Warner Bros, and Andrew W, Smith> Jr., Efastem-Canadian sales head out jof the company, Warner Bros.' dis- "tribution machine may be broken up into several divisional sections. The hom& ofEice sales setup would re- main substantially the same except lor the change under which Sears becbmes. general sales head. Smith resigned voluntarily and after a vacation abroad he will an- nounce future plans. He declares plans for the f^l are being worked put hut prefer^ not to announce any- thing pending the trip abroad. Under standing, unconfirmed, is that Smith disagreed with plans changing the sales' setup in WB. He and Sears, who' came into WB together from Flt&t' National when ^at company was- merged with WB in 1931, had otiCupied equal posts, thfe resigning Smith as Eastern-Canadian division manager and Sears as Western- Southern chief, both under Major Albert Warner, v. p. in charge of dis- tribution. Major Warner will continue over sill sales, while Sears, under him, will supervise domestic and Cana- dian distribution. Sectional divisions would split th§ country up into pos- sibly eight parts, with one head over each, similarly to the manner in which' has its theatre domain 6Q,t i)p with zone manageris. Such a plaft -jvoUld place present sales dis- trict iaaoag^^s divisions, while Bob Itochrie and Roy Haines, ali.ShB hpme office, woyild probably function as chief aides ±o Sears. Mochrie and Haines are declared top ' candidates for Eastern-Canadian and Western-Southern divisions if final decision should favor continuionce of two major divisions as in past; over a sectional division setup. JOHN BALABAN'S BOY REPORTS B&K SHINDIG By BILL BALABAN (Age 10), Piano, m,, Aug. 4. We had a big picnic on our farm this week. It was for the managers of ■ the.'Great States Theatres and everybody had a keen timei There were a lot of others thfere, too, from Balaban & Katz, and we played baseball, went swijnming in the pool, had contests anS games and a lot of good things to eat. My uncle, Jules Rubens, gave me the cane concession to see if we could make the expenses of the picnic. I took in $5.40. Uncle Jules said that was enough. Nobody could throw the ring over the first prize cane, which had a dollar on it. The cane had a big elephant's head on It. In .the baseball game, the South- ern managers beat, the Northern managers. The winner of the rope- spinning contest was M. M. Rubens. He was. the only one to enter, so he got the prize. They were going to have a milk-drinking contest, but they had to call it off, because the managers had been drinking other things and didn't want milk. •Bill.. Harding, who is manager of the. Princiess theatre in Alton, won the prize for. catching the greased pig. Roy Roisan, the district man- ager frOm JoUet, won the boat race. Everybody kidded my Uncle Dave Balaban and Nate Piatt when they put on their bathing suits and wouldn't, swim across the long way of the pool; They swam across the short way and waded most of the time,' the sissies. For lunch we had cold cuts, salad, cheese, lemonade and pie, and at night ■ we had big, thick steaks broiled over charcoal. There were about 150 people there altogether, and we sure had a swell time. DAHIEIiJ-IYOlJ'S BRITISH PIC ; Ijondon, Aug. 4. Bebe' Paniels and Ben Lyon have been .grabbed by British Lion for one film. , Shooting; is to start immediately.. PhiDy Indie Merge? Philadelphia, Aug. 4. Latest peace gesture between lo- cal Motion Picture Owners and rebel Independent Theatre Owners, Inc., will be staged Thursday (6) when Charles Segall, ITO prez; Lewen Pizor, MPTO prez, and Ted Schlang- er, WB Philly division manager, con- fab. Actual merge seems just as doubtful as ever. Indies, who split from MPTO two years ago with 130 members, re- cently launched scheme to bring Pete Woodhull here as indie czar, plan being to collect $500 each from 25 members to finance it. Only 16 have coughed up so far and idea looks sour. However, since original indie burn at alleged producer dom- ination in MPTO affair still-stands, merging of both grojips isn't likely at present. WPA Sped with Pathe Because of Its 'Connections' Washington, Aug. 4. Unmoved by' favoritism and dis- crimination bleats, Works Progress Administration last week awarded conrtact for undecided number of 600-foot propaganda reels to the only bidder with hewsreel connections. Toeing out the lowest proposal, WPA' tried to hush the award, which \yas made only a few minutes after five bids were opened, but finally broke down and confessed Pathe had been-favored with the order al- though Its figure" wa?. $300 above the unit price stipulated by Pictorial Films of New York. In placing order with Pathe, WPA officials tacitly confirmed charges by Jim Handy Film Service, Detroit, that specifications for bids were framed in such a way that only one bidder could qualify for the contract. But government officials steadfastly maintained the protested clause—re- quiring successful contractor to ob- tain regular newsreel distribution for one story monthly plugging New Deal relief activities—was not unfair or unduly restrictive. Formal action on the Pathe bid was completed July 27, four days af- ter the bid opening, but ho announce- ment was forthcoming until 48 hours later. One official admitted that de- cision to accept the Pathe Offer was reached the same day the sealed of- fers were opened, although he con- tended the opening and award were not too close together. WB'S FOX, PHILLY Also Gets ZOfb-¥ox Product—Deal Is For 3 Years Philadelphia, Aug. 4. Operation of Fox Theatre, film and variety house here, went to Warners from 20th Century-Al Boyd interests last week. Brings WB chain to total of 105 houses. Contrary to expecta- tion, instead of entire crew going out, Harold S^idenberg stays as house manager and rest remain, with exception of Boyd, Frank Beuhler and Harry Freeman, p.a. Will con- tinue temporarily on that basis and on same policy. Only change is dis- tribution of 20th pix now is spread over all WB houses here. Under- stood Herman Whitman, Earle man- ager, is slated ultimately to be shifted to handle both Fox and Earle, Fox Theatre was built in 1924 by William Fox. Management went to Al Boyd, builder and former opera- tor of Boyd theatre here, in 1932, Understood WB contract for opera- tion of Fox. is ,f or three years. Year-End Production Sched- ules Below Par—^Anything Good Garnered by Ma- jors, Needing More Films Now That So Many Are Double-Featuring OVER PIX ^ ' ■ —■■ ■ — ■ ■■ . , , mm mm' — ■ ^» ■ ■ ■ ■ m NW Indies Secretly Set Their Next Season s Fix Despite Allied^ Edict Butterfidd's 101st House AS RESULT, BIZ QFF Mediocrity of currently available product has independent exhibitors and indie circuit operators, on double feature policy, badly worried. It will be another month before any- thing smacking of consistent box- office calibre will be available, they aver. Further aggravating the situation, which each year sees the weakest films released in order to clear up schedules, is that all half-way favor- able pictures have been grabbed by bigger opposition houses in order to fulfill their own dual bill require- ments. Last year and previously, the small indie was not confronted with major theatre opposition play- ing double feature programs. While this condition is especially true in the east and in (greater New York City, where numerous major circuits went dual on a wholesale scale last Spring, it also exists in many other key cities where big chain operations decided to fight fire with fire and start doubling. Al- though independents began to feel the effects of having major opposi- tion houses dualing within a month or 45 days after inauguirated, the seriousness of the set-up was not socked home until the summer dog days began. Only the dullest sort of film product, much of it from indie pro* ducers, is now available even for in- dependent circuit operators, the films being described as having little or no. drawing potentialties, in the opinion of the theatre managers themselves. It is becoming so serious that reg- ular patrons are squawking person- ally to the management while others are staying home no matter what special stunt night or how. many pic- tures are being shown. Even Reissues Too Few In some spots, the Independent ex- hibitor, has resorted to playing two reissues on a double bill. Where these are obtainable, they report business better than when newest but inferior releases are used.. How- ever, the number of admittedly strong re-releases is so limited that theatres playing dual, with one of two program changes weekly, con- sume this reissue product in three weeks' time or less. Biggest complaints In N. V. are coming from the Bronx and Brook- lyn where indies are finding to their sorrow that every half-way good feature has been grabbed by major circuits or opposition to .meet their dual requirements. The larger cir- cuits and exhibs have managed to corral this better product without overbuying simply because they need- twice the number of films they form- erly needed. Typical of this condition is one borough house which for the last six or seven weeks, has had few second- run or independent first-run features that could be rated as having even fair draw possibilities. With no adequate relief in sight for 45 days to t<vo months, several Independent operations, which form- erly had a stage-picture policy, are seriously considering restoring flesh shows and thereby cutting down the number of good films needed by one half. They believe this will assure them of one draw picture a week and that girl^unit .shows, even If produced under their own guidance, will pay in the long run. To some housQ managers, this appears to be the only put Detroit, Aug. 4. Butterfield circuit completed plans for new house in Bay City,.seating around 700, to open in October as chain's 101st house. Another house is being planned for Manistee, Mich., later in season. Site for new theatre in Lansing, circuit's 100th, was purchased week ago. while houses have jitst been com- pleted in Alpena and Traverse City. The Whitney, Ann Arbor, also has been leased to Butterfield, and the new Eastown is being built in Grand Bapids In conjunction with Allen Johnson, of that ci^. Among houses . redecorated, re- seated and generally.remodeled past few weeks are the Strand, Pontiac; Capitol, Lansing, and the Regent Flint. A dozen other of chain are replacing old signs with neon dis- plays. All large A houses of chain will bS' air-conditioned by next sum- mer. President E. C. Beatty revealed. Exhibs Suit in K€ A Partial Reason For Pool's Delay Kansas City, Aug. 4. Pooling deal to include the New- man, Mainstreet and Uptown thea- tres, originally set, ef,'ictiv'> as of Aug. 1, is as yet without the official .stamp. Temporary hold-up, according to local Pox office, is because of time they have been giving the lav/suit brought against them by 13 local Independent exhibs and now in court session. The delay otherwise does not denote any alteration of plans for thi; pooling deal. However, the theatres concerned have adopted the proposed policy and will string along with Pox mark- ing time untU the deal is officially set. The Mainstreet will be key house in the new setup and grabbing the best pix. Bookings will include 20th- Fox, Universal, Paramount, RKO and Warner products. During fall and winter season the Mainstreet will probably return to booking unit stage show. House has been- going through a tough period. The Up- town, neighborhood first run, will continue to get its share of the bet- ter pix but will be utilized as second run for the Malnstrcct films that warrant holdovers. The Uptown is located in south part of town and there is no subwban commercial dis- trict or large apartment houses near- by, 30 its status is that of a downtown house and must depend on transient and taxi trade. Policy outlined for the Newman is double feature. This house is the smallest (1,900) of the first run thea- tres and has lately found rough sled- ding. Lawrence Lehman, Mainstreet, and Ralph Lawler, Nev/mari, will be r*- tained as managers under the new set-up. This will mark the leave-taking from the.KC field of RKO, which has operated the Mainstreet, Paramount and Newman, The Uptown has been In the Fox fold for some time. Joe Santley's ^Profile' Hollywood, Aug. 4. Inltialer for Joe Santley under his new Radio directing contract will be 'Million Dollar Profile,' and Ann Sotherh, Helen Broderick, Erick Rhodes and Eric Blore topping cast, Phillip Moeller, Theatre Guild di- <ectov, was to ha\e done it. but now wants a settlement of his contract. Script is by Viola Brothers Shore, M«lLa Kent doing continuity, Ed- vard Kaufmdn is producing. Minneapolis, Aug. 4. Although Twin City independent! exhibitors, members of Northwest' Allied States, voted at an executive; session to refrain from buying new season product from distributors re- ' quiring percentage deals, a survey, shows that most of the important Minneapolis and St. Paul indepehd*' ents had closed deals prior to the; session and were going ahead with, their negotiatioiis. S. D. Kane, Northwest Allied ex- ecutive secretary, had announced-' that his investigation showed that there had been no buying yet by Twin City independents. He also' declared that if reports of exorbitant' demands concerning rentals, per-- centages and preferred playing time • prove correct he will request his board of governors to' combat the exchanges. Apparently, however, the Twin • City independents are keeping Kane in the dark regarding actual develop- ' mehts. Fop example, 20th-Pox, one - of the companies insisting upon the' objectionable percentage deals, has' closed new-season contracts with practically every important Minne- apolis and St. Paul independent cir- cuit and individual exhibitor. Among those who already, have bought, in the face of the four percentage deals ' required, are the Woempner circuit' of nine houses, Ben Friedman's' Edina and Albert Lea houses, the Rubensteln-Kaplan three Twin City Theatres, the Volks,' Nile and Cam- den, George Granstrom's Grahdview,' St Paul. Fred Holzapfel'j; Broadway, Leo Aved's Heights and the St. Paul' Mounds, according to Moe Levy, , 20th-Fox exchange manager. Levy says that his branch is ahiead of the corresponding period a year ago on deals closed. Out in the territory, selling of. new-season product has gone «5iead in normal or better fashion, other exchange heads declare. Metro, against which the independents are complaining the most bitterly be- cause of the large number of lis per- centage pictures, .has not made any effort yet to close Twin City inde-.- pendent deals, but when it is ready it will have no difficulty, heads of competing exchanges predict. 'It's the same thing every season,* said one branch' manager, 'The In- dependents storm against terms and say they'll not make any deals and. then go ahejd and buy secretly.' Some of the members of North- west Allied have been complaining recently because their sido-kicks don't stick together and' present a united front, even failing to abide by organization rulings on trade practices. WB Wants Jessie Matthews, L9Ge As Pix Bolsterers In desire to bolster Its pU»yer ranks, and supplant the missing Joe E, Brown, Warren William and cur-' rently Bette Davis, "Warners is try- ing to arrange deals with both Jessie Matthews and Beatrice LllHe, Latter has been an on-and-oft proposition for some time with Radio. Miss Matthews h^s other Holly- wood bids when and If she can get o vacash from G-B in London. Beery Suit Settled Los Angclos, Aug, 4. Wallace Beery has returned to Phil Berg as a client as recuU of the out-of-ccurt settlement of Berg's suit against the actor for $84,000 dam- oges. Berg brought action some tinf.e ax?o alleging that Beery had failed to pay commissions on a new contract rtt Metro and a 20th-Fox picture dMi. Under: tood a substantial part of the amount was paid in ca;>h by fieetjr*