Variety (Jun 1938)

Wednesdaj, June 1, 1938 JPICTURE8 VARIETY THETRE N OT RESPONSIVE' Several Inle Exhibs Veer to Pars Side in the N. D. Divorcement Appeal Minneapolis,, ay 31. Northwest Allied States' leaders, Bi ing the state of : North . Dakota ia the defense of its theatre divorce- ment law in Federal court at Fargo, it, D., this week, admit; that dif- ficulty lias been experienced 4n ob- tainhig independent exhibitor wit- nesses to testify that theatres; oper- ated by the inriesota Amus, Co. (Paramount), one of the plaintiffs endeavoring to invalidate the meas- enjoy unfair advantages', and lovide unfair coinpetition justify- in? the law's enactment. These leaders charge 'timi ity' on the part of many exhibitors who were counted upon to testify for the N. . state attorney general. They say the exhibitors in question fear 'reprisals' oh the part of the. major fllin distributors that would prevent them from securing desired product or compel them to pay higher prices than otherwise for their product. As a matter of fact, some of these exhibi rs will testify for the plain- tifts, instead of the defendant, nd will assert there has'been no unfair competition and they are not desir- ous of forcing the Minnesota Amus. Co. out of business in North Dakota. Northwest Allied leaders allege some of these witnesses previovisly" had complained, ^o theiri against Min- nesota Amus. and now have turned 'traitor.' Vp to V. S. Slip. C't The trial before three Federal court judges this week is only the first gun in a fight that will not be settled until the U. S. supreme court has ruled on the constitutionality, of the law—the first of its kind enacted in the U. S. — which prohibits producers and distributors from owning or operating, theatres and which would compel Minnesota Amusement to, relinquish its North Dakota theatres. Regardliess of the outcome of this first skirmish an ap- peal will be carried to the ration's highest tribunal,- both sides having announced they are prepared for a last ditck fight.' Northwest Allied was Instrumental In having the divorcerhent law passed and is aiding the North Dakota state attorney general 'in the present defense, supplying a num ber of lawyers at its-own expense to help him. In order to lend 'moral support' to the defense, many of the organization's leaders, including President W. A. Steffes^ are on hand in -Fargo, attending the hearing. Abram F. Myers, chief counsel of national Allied' States, who was ex- pected to be one of the lawyers as- sisting the. defense, was unable to leave Washington, D. C, Paramount,, et al., tlie plaintiffs, argue that the divorcement law is unconstitutional because it is al- legedly discriminatory and con- fiscates their property without due process of law. They also contend tlveie is no justification for the meas- ure and'they ask for a permanent injunction to restrain its enforce- ment. Pending the outcome ot the present suit, a temporary restraining Older already granted will continue in effect. If the law finally is sus- tained by the U. S. supreme court, national Allied States has indicated :that it win try to have similar measures passed in other states. The chain divorcement bill, which Was passed in North Dakota last year, will be argued on appeal in Fargo, N. D., starting! (today) 'Wednesday: According to Paramount attorneys. It will probably last from 10 days to three or four weeks, A mass ot evi- dence will be presented and much testimony taken before the specially convened court of. two circuit and one district judges who will hear the case. Par win attempt to convince the touit that the statute is discrimina- tory since Paramount is the only niajor chain opcraiting in North Da- kota, the others there being in- dependent. Besides, an unestimaled loss would be sustained were it nec- e.<sary that Par liquidate its intoie.-it; in, that stale. The company has 10 houses in North Dakota. The suit to declare the law uncon- --liiuiibual is 'brought,'joinlly by 4 A'S ANNUAL MEETING NEXT MONDAY IN N. Y. Annual meeting of- the Associated Actors and Artistes oit America will take place next Monday (6) at the organization's headquarters, 25 West 45th street, N. Y. Frank Gillmpre will preside. Principal business of the meeting is expected to be the proposed revision of the constitution. Kenneth Thomson, executive sec- retary of the Screen Actors Guild and vice-president of the Four A's, is due Saturday in New York from the Coast to attend the session. Lau- rence 'W. Beilenson,, SAG attorney, previously reported coming east, ..is now not expected to do so. UNION LABOR'S TAGS TO HELP SPREAD WORK ollywood, May 31. Studio employment -u'ill be done under union control, according to agreements now being worked out between the producers and leaders of various union crafts. First of the pacts will; become operative this \yeek, when each worker will be re- quired to present a metal identifica- tion (^isc to the timekeeper when re- porting for work. Second pact re- quires all calls for workers to be placed through union headquarters and will become effective as soon as preferential lists of workers are filed by the studios. Major' studios are installing special tabulation machines to handle the identification discs; Each tag carries the name, phone number, address and union number of the worker. Each craft will have a differently colored badge. Plan will, hot apply tO:W:orkers regularly employed, with preferential workers exempted from rule requiring them to be called through union headquarters. The rnajorily of unions are in favoi' of the plan, which must be ratified by all the unions participat ing. New setup will eliminate the pos-^lbility of a worker doubling shifts or going from one studio to another in the same day. The busi neSs reps of the crafts say the plan will result in more even spread of the work and enable them to tell at a glance just who is employed. METRO'S N, 0, FBEEII New Orleans, May 31, Metro's "Toy Wife,' dealing \yith the history of early New Orleans, will have its world preem at Loew's State here 'Thursday (2). James Briant, M-G exchange man- ager, and Rodney D. Toups, manager of the theatre!' handling arrange- ments. The Lonff Way 'Bound Hollywbod, May -31, Betty. Amann, Manhattanite who entered, pictures via Europe, will make her screen debut in 'The Re- turn of the Fox' at.Paramount, Harry Sherman production is now rolling, with Williarh Bpyd starring. Paramount, Pictures, Inc., its north western theatre subsidiary, Minnc sota Amus. Co., and a subsidiary of the latter, American Amus. Co. Austin C. Kcough, v.p. and legal head ot Par; Louis Phillips, senior altorncy-pf the firm, and Sam Bovcr- man, another Par attorney, left New York Friday (27) to prepare for the opening of the Fargo "battle. Eyes or the rest, of the industry are on the contest since, if Par ins, the threat of si-milar chain divorcement niiives elsewhere are virtually nul- litied. Maiiagerial. Defense on Why Picture House Bal- lyhoomg Has Bogged Down—Examples of Giv- Id Gags the Switch NEED MORE STEAM Replying to recent comrhent on ex- ploitation, several managers 'have written in to say defensively that they do not do much of it any more because the public does not appear to respond to the effort. That isn't news. The public is not as respon- sive as it was a year ago because, it has not as much money to spend. Therefore, exploitation must be made more persuasive, more con-, vincing. It is easier to get a quarter out of a man with $5 in his pocket than it is to get the same man to dig it he only, has,a dollar, but he prob- ably will dig if the appeal is made strong enough. .One writer, provides another thought when he declares that he is using the same stunts, but they dp not bring in as much coin. Even ^Yith the. - country in a better, financial posture, a manager cannot expect to repeat old gags to . the same reaction. The two add up to the solution of the entire question, which is more and better exploitation. Not merely more, but better. In treating of ex- ploitation. Rick Rickeison, in his valuable 'Mainagement of Motion Pic- lure 'Theatres' writes: 'Too much streiss has been placed upon the quantity and riot enough, on the quality.' Which hits the nail squarely on the head. One manager may do a dozen stunts, not one of which will bring an extra dime to the box office. Another may work a seemingly trivial stunt that will add perhaps a couple of hundred dollars to the box office report. It is quality—sales quality—which counts... Nothing else will. And ticket selling ideas must offer something new. Granted -that there are compara- tively few basic stunts on which; ex- ploitation ideas may be biiilt, it is possible so to vary these that they seem new, and therefore apipeal A (Continued on page 3S) Lively Competish to Corral Coin Of WOShrinersonL A. Spree RADIO CORP. AND PAR VOTE REGULAR DIWYS Paramount's board of directors on Thursday (26) voted the regular quarterly dividend of $1.50 per share on first preferred and 15c on the sec- ond preferred. This is payable on July i to stockholders of record at the close of bu-iness June 15. Radio Corp. of Atnericai main- tained its regular $3.50 annual rate on the convertible first preferred stock; last week by - declaring the usual quarterly dividend of 87.%C; It also declared $1.23 cash divvy on 'B' preferred stock. The quarterly pay- ment on the first preferred is pay- able July 1 to stockholders on record June 8, The 'B' preferred dividend is payable to holders of such stock at the cioSe-of business June 15. HR. OF SHORTS' IDEA SWEEPS CHICAGO Chicago, May 31. Esquire, newest and most modern theatre in Chicago, which .hit a ne-w high in present-day innovation with its full hour of shorts to take the place- of the extra feature, has start- ed a new trend, and theatres throughout this territory are begin- ning to copy the setup. Sixty mi - utes .of shorts .as a regular part of the pirogram. is the new idea. The State-Lake, in the, loop, tags it.the 'State-Lake Sixty.' Rio the- atre oh the northside has added it to its. regular double feature policy as the 'Rio Hour.' Exhibitors, especially the indie spots, see in these 'hours ot shorts' a possibility of finally breaking down double features which they have opposed frorh the start. Believe that with proper exploitation, the shorts can be built up as a 'Second' fea- ture of sufficient b.o. to do away with the No. 2 featurc-lengther. Indiscriminate Choice of Stills Give False Slant-Paskow s Idea In a move to correct the .general impression held by . some fans that features are cut when they, reach neighborhood theatres, Robert M^ Paskow, advertising, manager of Warner Bros, circuit in Newark, has written general sales managers of all filni companies suggesting more care in selecting still sets. In his note to picture corhpany managers, Paskow points out that patrons form the idea regarding picture trims because cer- tain stills are displayed showing scenes which do not appear in the feature: He suggested that still depart- ments exercise care in picking a rep- reseiitative set of stills for distribu- tion to exchanges as a means of cor- recting this false idea, that material is cut from feature productions be- fore showing in nabe houses. Paskow contends that inanagers ot his circuit do not screen all pictures and consequently must rely on selec- tions handed them from the home, office. He also indicated that even some, trailers sometimes arc mislead- ing but usually can be examined early enough to prevent complaints. Stating that such a .•vilLiatibn on stills may or may not apply to cer- tain compnni •.. W.-irncr Bros, cii ciiit ad chief susficstcd a careful check (o^rcnicdy the situation if e.<<i5ting. Three-Way Premiere For Lloyd's 'Beware' Hollywood, May 31, Premiere of Harold Lloyd's new starrer, 'Professor Beware,' will be held in New York, London and Paris simultaneously in July..' rehch version of the corriedy is being edited, while a print b( the original is on its way' to London. Settle Condor Claims 1,0s. Angeles, May 31. Siltlcment by Clinton E. 'Miller, trustee ot Condor Pictures, of two claims totaling $11,799 by RCA Manufacturing Co., has been ap- proved by federal court. j Claim.s, for sound recording, cover j four Coiidor pictures di.stributcd by ; RKO and three released by Grand I National. I Albert FT. Licberm.in's plan to rc- orsanizo Condor will be'hcnrrl June' C by Federal Judi;e George Cofiiruvv. ! Hcarih.-; will determine whelhor the phui will he .>;iibinitlpfl to creditors and slocklioldcis ol the torporalion.. I.os Angeles, May 31. Picture houses, e.-cpecting to spli a bonanza with- the arrival ot 100,- 000 Shriners for th ir annual con- vention June 7-9, "will be up against plenty of competition. Chief rivalry will come from the. Shriners them- sislves, who are putting on three days of ■ entertainment in the Coliseum, beginning with the Shrine Escort parade on June -7 and winding up with the dtion Picture . Electrical Pageant on the night of June .9. In addition, the noble.'! will .be of- fered amusement in various other spots, Helen Hayes, in 'Viclori Regiha' at the Billmore theatre, al- ready has a heavy advance sale; ■Then there is the Roller Marathon at the Pan^Pacific,'the Ice Follies at the Polar Palace and the Philhar- monic-light opera series. Shriners opening parade June will be.followed in the afternoon by the 'Cavalcade of California,' a com- bined fiesta and rodeo, which will be repeated that night and twice the next, day, Hollywood studios -will co-operate with the Shriners in the electrical pageant with floats bearing film pulchritude in the flesh. RKO, Pararhourit, Metro, 20th-Fox, Univer- sal, Warners, Monogram, Fanchon Se Marco, Jules Brulatoiir, Harold Lloyd, Leon Schlesinger, Fox-West Coast Theatres and the Wester Costume Co. -will be, represented. In return for. this co-operation the Shriners -will not ask to rubberneck the picture- studios. Robert A. H.effner, dircctor-generai of. the con- vention, has promised the Will Hays office that there will be ho official requests foi: isjts. As a preli inary welcome to the Nobles, many of whom are arriving in advance of the conventioh, there will be a bathing beauty. contest at Santa Monica June C. Boyer s Acting In Three fix Wins Him Diploma From USC Hollywood, ay .31. Charles Boyer was awarded the 1938 diploma for distinguished, act- ing by American Institute of Cinematography of the.Universty of Southern California at its annual dinner last Thursday (20). Award was based on his performances in 'Conquest,* 'Mayerling' and "To- varich.' Last year's diploma was won by Luise Rainer for her work in "The Good Eaiih.' Others hon- ored, this year were: Louis B. Mayer, for distinguished contributions to the advancement of motion pictures for the past 30 years. . Herbert Wilcox, as producer and director of 'Victoria the Great.' Clarence Brown, for achievements as director .of notable pictures, in- cluding 'Conquest' and 'Of Huhian Hearts.' James ascvi, for distinguished achievement in creating technical effects for 'The Hurricane.' Norman Reijly Raine, ei . Herald and Gbza Hcrczeg for their achieverncnls ax collaborators in v.'rilinc the. screenplay of 'The Lite of Emile Zola.' Foreign Parites to Give Studio Slant on Product Johri W; Hicks, Jr., Paramount for- eign sales chiet. and Fred W, Lange, company'.s general manager for con- tincnl;il Europe, leave for the Coast, tomorrow (TIum's.) to give the Par studio the iciults ot thrir finding.'? in the Eiiri>i)can situation. Neither will remain in Iff)llwood more, than three oi', four day.s. Probably the British quota may come in for discussion and it i.-> understood th.il liie two offlcial.s will stress the iiccid I'm- more interna-. ti()iial picluriv. I.nn;,"' ,nccon)ptii\iccl Ilicks back t» r. .S. v.'hcn the P.-ir.nmount f6rci,''n oilier rclMriiod to M; Y. aljout a week a;:').