Variety (Jun 1938)

Wednesday, Jii 1938 PICTURES VARIETY Luce, Stinman, Van Sclmiiis Being Doped for New RKO Board Members enry R. Luce, publisher ot Tinje, Life and Fortutie, is among those outside of the mahagemtint who are jiow' mehtldnied as, possible meiribers of RKO's new board of directors, upon that film company's reorganlza- ■iipa and emergence from .77b. Luce was'an 'orlBinal member ol the board of -Paramount, upon . that company's xeorgariization two years ago. He attended one :or.two board meetings, and after several mohths i-etired Xrorn the setup. In the event that Luce shouldn't ^cvve, Jor some reason or other, his substitute might be Charles Still- man, On the Hocketeller side, the name ost heard for board menribership is that of W. G, Van Schmus, man- ing director ol the Radi ity usic Hall. A certain appointee is Peter Rath- , chief aide to Floyd Odium, president of Atlas Corp., sponsor p£ RKO's reorganization plan. He also inay be, named chairman of- the ^liance committee or some si ilar <:ommittee to be formed. . Odium is at present in Italy, but his absence from the scene of opera- tions, at this time, it is held,, will not hold tip whatever " reorganization proceedings are gong on; He is ex- pected, to return' in about a month. So far as known, neither fie,'his associates, nor other, creditors have definitely selected their board repre- Eentatives, nor has it been deter- rhined by them how many directors, the company shall- have—niiie or leveh. It's mostly j t talk at this time. Fact that Federal Judge William O: Bondy put off until June 27: all court, hearings on RKO's amended plan of reorganization might be an Indication, that the court expects present hearings before special mas- ter George W. Alger, on fairness and feasibility of the plan, to be washed up by that date. Hearings before the special master were to have been re- sumed today (Wed.). - Host of the objections to the amended plan may prove to be of minor Importance. and the fact that the special master, by past associa-. tion with the problem, is familiar jwith the RKO matter, should hasten the conclusion of the present pro- ceedings. Borah's Beef ashington,! June- 7. Concentriited control of this film industry was cited last .week in the senate as another reason why Congress should make a sweeping study of the monopoly, problem and rcwite the' anti-trust statutes. Sena- tor William E. Borah, of Idaho, outstanding big-busiucss hater, commented during a speech oh the subject that 'in motion pictures, three companies dominate the field.' Gave no details or any ex- planation why the variation on the usual chant about the •Big Eight.' IINII-Pll DiE Jury Fails Iq Agree in fo. Indies |]y[| Suit; Momand Soon; Coast Quiz MiOs-UniTersa] Talkmg 0. R. Cohen Colored Fibnasical 'School of Tomorrow/ Last Word m Visoal Educ^ as'39 Fair Show 'School , of Tomorrow,' now being considered by educators in - the east for the New York World's Fair liext year, promises to be one af the most amazing exhibitions being lined up for the exposition. Every modern; instructional device suggested or considered in the last four or five years will be iiicorpprated in the exhibit.' One titiusual feature will be that a regular classroom, will be viewed in progress by thousands through a long . glass window. Despite the throng looking at the class, newly- designed glass will prevent the pu- pils from seeing any of the specta- tors. In this futuristic model classroom each instructor will have numerous gadgets to carry on her work. One ;will swing her desk around and place a talking picture machine in position to throw an instructional film production on the far side of the room. Another buttoii can be pressed and a model course in air- way instruction will be received in the room by radio. Still other but- tons can - be regulated by the in- structor to time in a television pro- gram designed for pedagogical work. AH latest improvements in ventila- tion, lighting and a loiid speaker : s.vstem are to be included in this 'School of Tomorrow' exhibit. De- I tails are befing worked out' by the educaiional division of the fair. bepartnient of Justice In- dictments Forecast—^Just Where Suit Would e rought Is Uncertai GATHERING EVIDENCE Irving Mills and Universal are talking an all-Negro filmusical. Octavus Roy Cohen has a script ready, and Mills, who is a prominent manager of colored talent, is bring- ing principals together. Mills handles Cab Calloway. Diike Uington and kindred organizations. EUS. BERGNER FICTS FOR PAR IN ENGLAND New Orleans, June 7. Louise eavei'a, sepia flicker acV toes.s, avers that she and her hus- band,.Robert Clark, plan to produce ,a series of all-Negro films. She's on a week's personal appearance at .the Lincoln theatre here,. , Actress said, she also intended to take a fliiig. a'l the legitimate stage this fall ill a Theatre Guild peiv forniance on the advice of Fannie Hurst. Charpentier Relents, Okays 'I^uise' Film Paris, May 28. Gustave Chai'penli.cr's 'Louise' is going to be lllnicd'atler-25 years ot refusals by the author- po.>;er. He is said to have relented wheii Roland Dorgeles, playwright triei-id of Char- pentier was recently chosen to do tl>e film. ada>)tallnii. Abel Gance w ill, direct and 'Vvonne Pi'intemps and Georges Tliill will star. Work is scheduled to start in September. esolialiohs are said to have Ij'^ph .<;t.irted for an Aniericjn \-'i-sion ."ilai-ring Grace Moore. Paramount in London may make one or Iv/o films there with Elisabeth Bergner, additional lo contemplated pictures to be made for Par by Her- bert Wilcox and Zoltan Kord^J brother oC Alexander Korda iLoii^ don Films). Zollan Korda will do 'Lawrence of Arabia' for Par at Denham. This is in accordance with a deal long a?o di.<;cussed and ncgotiulcd by the parlies. John W. Hicks. Jr.. Parampunfs foreign sales chief, will not return from the.Coast until the first ot next week. He did not leave New York until late Friday (3i night, remain- ing over in N. ■y. for the .Tohn Clark funeral. icks plans lo be back in his orfice ne.Nl Monday. Fred W. Laiigc, Par's European manager who accompanied liicks to Hollywood. robably will plane back late Ihi.s week. Both conferred on production mailer.- Robert A. Graham, .special rcpre- sentalive for Par in Australia, has icturncd to New 'ork and will awail. at home of! ice for Hieks. He was on special as.signmenl in Aus- si3 lerrilory.for the last two ycai'S. Gi'aham ■^-jrob.ibly will, gel another a.;.<i'.'iiinonl ill the hear fuUirc in th? foreign field. Washi , June 7. Early start in the threatened drive to break up an alleged film industry conspiracy to thwart independent competition was forecast in Govern- ment quarters late last week. De- partment of Justice announcement that anti-trust indictrheiiLs -will be sought against : major distributors was said to be imminent. Absence ., of Attorney General Homer S. Cummings prevented definite decision whether to drag virtually the ehtiire industry into court on charges that the big boys play together and deny adequate film, supply to independent theatre, own- ers, Report on the investigation of reams of exhi itbr complaints, which has been going on in a score of' prihcipai trade centers for the past y.ear, is on the cabinet officer's desk. New crusading spirit of the .Roose- velt Administrati ' eradicates the smug self-assurance which the in- dustry has displayed throughout the period since NRA was launched and independents began . clamoring, for Federal help in fighting the chain houses. Lack of funds, feeling that industri which gouge the public for luxuries should receive prior at- tenti , and doubt about possibility of winning convictions i,n film cases have prevented earlier action, al though numerous individuals in high oITicial posts are. thoroughly con- vinced the major producers and dis- tributors are, violating the' anti-trust statutes; Lately President Roosevelt has insisted the understandirigs be 'tween large, units in. many lines of trade are preventing economic re., coyery and party responsible for the country's business, troubles. Ag' grcssive action on a wide front is desired, while Congress is oh the verge of 'looosling the Justice be partment war chest and making prosecutions more likely. Where the film industr. ight be dragged before a jury is uncerta Mass of evidence compiled by the D. J. sleiiths in past year reported to be ample for action in almost any jurisdiction. Complaints come from such a -\yidespread area that the Government presumably catx pick whatever court it ,prefers. Attitiide of judges and pro.spective juirors has been receiving study by the D. J., which in recent actions against other industries—notably oil and automo- bile—has selecl(»d the area where it wa.s felt there are best prospects of victory. The D. J. asent.? have dug deeply Tnto indie charKes of conspiracy, checking the books of numerous big distributors, ogliiig records of the Hays organir.ations. getting ,elemen- tary educati the economics of theatre business, and taking a(Ti- davil.s from hundreds of thcalio owners. Billing the Opppsish Hollywood, June -7. Fight tween Laurel The-, aire Co. and Fox. West Coast over product broke out in the open over-the weekend when the marquee on Laurel's Studio ~ City house in Sari Fernando valley carried line under Test Pilot' reading 'in spite of Fox est Coast Theatre.s.' Laurel has a court iiction pending agaiiist F-WC charging conspiracy, Frances Fanner's Suit Ended; With Erickson Motoring to Coast rial of the $75,000. breach of con- tract suit against France's Farmer, stage and screen star, brought, by Shepherd Traube, theatrical man- ager (hot agent, he claims) a.s . his 10% bit of Miss Farmer's estimated earning power up, to and including 1941, ended abruptly Monday (6) ,when both sides rested their case and Supreme CoXirt Justice Samuel Rome;- G.i., June 7. Damage suit, for $53,500 by Mrs; B, Smith, former owner and oper- ator of Joy theatre, at Rockiii i t, Ga., agailnst major film distribuloi's. Lam Amus, Co. and O. C. Lam. the- atre chain operator., wound up in mistrial when Jury in U. S. istrict court couldn't get together on ver-- dict. Trial had lasted two weeka and went to jury Friday (3) noon. ■Veniremen were recalled at 1 and 5 p.m. to be feinstructcd in makini; decision and were dismis.^ed by Judge E, Marvin Uriderwood at U b!clock' that night when they couldii' agree, . Distributors involved were Metro- Gdldwyn-Mayer, Paramount, 20 th Century-Fox, RKO-Pathe, United Artists, 'Vitagraph, Republic Pictures and Warners. Judge Underwood Wednesday (I)' had directed verdicts, ill favor of 20lh, ViUgraph, RICO and Rep., when it was shown that contracts, termed favorable to ' rs.. Smith'^ theatre,, had been refused by her prior to time of alleged tr'ansactibii with Larh's outfit. Petition for dam- ages, charged distributing companie.i signed., exclusive .contracts v^ilh' Lam firm, which operates rival theatre at Rpckmart, allegedly conspiring to force plaintiff's theatre out of business In 1035 and 1930. Charging violation of Sher I. Rosenman reserved decision, per mitting the battlers to file Additional ^ anti-trust act; plalntifT, had she won, briefs on their claims. Traube testified that he contracted in 1036 to handle , both stage and picture business for Miss Farmer, he was to receive 10% of everything she made up to the eiid of the agreement in 1941, Plaintiff took credit on the witness stand for haying, 'made' Miss Farmer, not only into a fine actress but also taught her how to be beautiful. All ol \yhich the star of the present Broadw'ay. hit show, 'Golden Boy,' vigorously denied. She declared Traube was- practically useless to her in locating jobs and that It was through her own ef- forts, shortly after the agreemeiit was signed, that- she finally hooked up. with the stage and with Para- mount, Her last appearance in pic- tures was in Par's 'Ebb' Tide.' She adiTiitted. she sent Traube part ot her first earnings while on the Coast, but contended she did this because she 'felt sorry for hi ,* Her main defense to the suit was that Traube was not in th* position to bring such an action because he was not a licensed' agent. Traube ad- mitted this fact but contended his contract with the star classified him as her manager and not as her agent. He sought to back up his. contention by producing considerable corre- spondence held between them while Miss Farmer was on the Coast. Lief F.rickson and Mis.s Farmer would have been- entitled to. triple damages—$103,500. More than 25 yitnes.<;e.s were heai-d; defense placing more than a dozen on stand seeking to prove plaintiff had refused contracts they orCered, They stressed fact that since filih cornpanies .must oITer their mer- chandise on the markets, there is nr» thought of trying to kill compclitioii ambng theatres. Lam -and his chain were repre- sented by Graham Wright and.Leoii Covington, of here. Robert S. Sams, of Atlanta Arm of MacDpugal, Troutman & Arkwrishl, and George Bell, of Atlanta,. attorney for Re- public . Picture.s, were cotii^scl foi: film firms. John' I. Kelly and Bert Rogers, th of Atlanta, and Ed i Maddox, of Rome, were batting for ; plaintiff.. i The case, si ilar to others filed In Federal courts in Georgia, by indie theatre operators, was considered aa test of prevailing methods used in contract distribution of films throughout state. . Attorneys for.plaintiff are expect- ed to. file motion for new trial with i view of taking case to highest Fed- ' cral- tribunal. Oklahoma City, June 7. irst court tifl in the A. B. Mo- j mand $0,500,000 anti-trust suit is set 1 for June 25 before Federal Judge A. P. Murrah. ^Mrs.Enckson) on Sunday f5i, with. Defendants, charged by Momand Uie clo.s.ng of their show Golden I.,having .forced his chain of 28 Boy, started by motor for theXoa.st i,,^^!^^ the rocks through dis- intending to travel partly through, ^...j^j^^tg \>ooy,\n% practices, are: practices,, 20th-Fox, Locw's, Vitagraph, RICO, United Artists, Universal. Columbia, Canada, and arriving on the Coast in about three weeks. ■ They report, June 22 at the ^^J^-\ c.vllM^ Amu^e. Co., Consolidnlod mount stud.0 lo resume i '"cdiale theatres. Paramount, Publix Thea- work in hJms. |,.p^gg, Theatres. Warner.?, First : National, Warner Theatres. Pcthe ! E.>:change and Educational Film Ex- ' change. Joy Setting U.S.N, Co-Op Washihglon. June 7,: Col. Ja.ion S. Jov, luiblic relaliuni I director for- ZOlli CenUiry-FoN. is in Mhe nation's capital lo chil-cli.Tl wilh I naval ofrtci is on the fil 'SpIinliT I Fleet,' which i.'i ijein;; readied for ! nroduclion. Will sc<' alvnui .^hootln',' ' some scenes at.ihe U. S. N'.^val .\r:i j.emy at Annapolis. Md. I ' ic will be-dii-ectpd by .TLihn ord. I wilh Richard .CIreciiP, i-iilsh star. 1 playini the lead. Nanrv Kcllv, ot Now -yoi'lc. aiifl Sliiii Sunim'-rvilli?. SHOWMEN TO BOSTON FOR GORDON FUNERAL nol yd been f;ohipl.?t(? 'Various film men who wnre a.ss dated or dealt With him pi-ii-jr lo hi.s- retirement, were in Bosjon oiiday ifi,»,to attend the nrncial of Natli-n Gordon,-one of the oldosl Ihpalir 1 operalor-pionccis of the liusincKs. Ik- ' died in,Boston,' hi,-.' home. Fi ida.v '.'i >: i Gordon foiiiidod ttie (Joi-don cir- . mil ill lower New En;;laiid which ' later bccanic the Ooidon & Rl;,(.l: : irtiiil. nioyl pownifiil chain iri Mi.-il I Icrriloiy prior to sellout. 'I'lift hirk isliint' had (•naliollcd all of upjJi'i- j New F,ilP,land. now Hie Maine at .Nc'.v j liaiiio.-ihii' 'i'liciilies. Inc., in vlmh ; Par Ins' a iiibslaiiLial in'crcsl. -. I»v.-ir-r Now Knidaiid is llie: ()I,v.mi|)i.' tlKiiii wlii< li viiUrols ciilM'-ly. , Hollywood. Jtiiie 7. I Uncle Sam's tax sk-iilhs hav i moved into the Universal film ivc- change after pj-obing the 20lh-F ).'c' and Columbia ofTice's, wilh Warner slill to be investigated. . izzers arc getting ihe low'doy.n on complaint); of anli-lru.sl vioblioiu covering .several years. A;her Joins Korda ; ving Asher, f.irni^'V K'^'if i'al in la- a;;ci- for Warncis in L-nul in. h.'c-ini." .•m a.s.spciale producer wilii L.hhI >ti ^'ll;il.s (Kortlai. Ilo will bo as.-:ocial(>fi wilh (Icr Korda. head of Itnl (Mciioaiiy, <(i rirtfrminalinn of Ihe oniiiany j ',i-'li- cy and production.