Variety (Jun 1938)

VARIETY PICTURES Wedbemlaj, Jii 1938 Ponies WiGafflop for 33 Days At H wood's Own; Plenty of Pic Silb Hollywood, June 7, Hollywood's own. horse track; a playground for actors, directors and execs of the film Industry, opens Friday (10), with picture personali- ties more in eyidernce than hayburn ers. Officially it is known as the Holly wood Turf Clubi although it is in Inglewood, some 15 miles from the center of the picture universe at Hollywood and Vine. List of stockholders resembles a who's who in pictures, jack L. War- ner is the moving spirit of the caval- cade, not only as the largest stock- holder,- bill as chairman of the board. Holders of shares include Al Jol- EOn, Warner Baxter, Ralph Beliamy, George Jesscl, Alfred E. Green, Joan Biondcll, Ronald Colman, Hal Wallis, Darryl Zanuck, William LeBaron, Anatolc Litvak, Edmund Lowe, Ernst Lubitsch, Frank . Orsattl, Joseph M. Schenck, Bing Crosby, Mrs. Lois Pantages, Myron Selznick, Hunt Stromberg, Harry Joe Brown, Irene Dunne, George Brent, Samuel J. Briskin, Harry Cphn,. Leon ,C!ord6n, Samuel Goldwyn, Bryan Foy, Mack Gordon, Mervyn Le Roy, Ijcwis Stone, William Keighloy and Robert Z. Leonard. Horse owners include Harry M. Warner; Raoul Walsh, Chico Marx, Barbara Stanwyck, Bing Crosby, Lin Howard, Joe -E. Brown, Paiiline Frederick, William LeBaron, Nat Deverich, ..Thomas Taylor, " Myron Selznick, Mrs. Lois Paiiiages, John Considine, Jr., William .Goetz, David Butler, Harry Cphn, Samuel Briskin, Leon Gordon, Ethel Hill, Jean Chat- burn, Robert Riskin, Howard Hawks, Al Joliion, Neil S. McCarthy, John Cromwell, bliver Hardy, Walter Connolly, Gregory Ratoff, Don Ameche,. Chester Lauck, Claude Binyon, Alma. Lloyd, Norbert Bro- dine. Jack West, Mervyn LeRoy and Carl Laemmle. First meet on the new track will run 33 day.s, from June 10 to July 23, with more than $100,0 in stakes, in addition to $8,000 daily in purses. Outstanding race of the meet will be the $50,000 HolIyWood. Gold Cup Handicap for three-year-olds and upward,'at a niile and a quarter, to be run July 16. | Hhchcock's Selznkk PahTer Cold, He's Now Dickering with 20th Can't Phony These , Hollywood, June 7. Men who look like Thomas Jefferson;-. John Adams, Ben Franklin: and John Hancock are being sought by Steve Trilling, Warners casting director, for the Technicolor briefie, 'Dec-' laratidn of Independence.' These characters are so well known- through postage stamps, currency end. statues, that the actors must look like them, or else. Joe Buloff > Par Pic Contract Stymies Chi Reopening for 'Cairo' Michael'Todd who presented 'The Man From Cairo' at the' Broadhurst, N. v., recently, ■ proposed reopening the show in Chicago lor a summer try but the plan is cold; Reason given is that Joseph Biiloff, who topped the cast, has a picture job arid is due on the Paramount lot late this month. Arrangements had been made to supplant two femme principals, with the balance'of the cast, virtually intact. 'Cairo' closed after iwo and one- half weeks but Todd rnade a ,last minute atteriipt' to keep the show go- ing. No dice, because Viola Roache and Helen. Chandler could, not be induced to go on, former being tied up with rehearsals for The Two Bibuquets.'. With a Chicago date in sight^ manager secured a concession to resume there, the eight weeks' lapse after a cl ing being waived by Equity. Alfred Hitchcock is dl ering with 20lh Century-Fox to direct one of the company's forthcoming pictures to be produced in London for quota requiremcnt.s. Assignment, if and when, would follow 'Jamaica Inn,' Maydowor production, which starts roliing at the end ot August, with Charles Laughton as star. British director landed in New York Monday (0), and trains for Hol- lywood Friday (10) to remain about Ihree weeks. 11 is his first visit there, Bnd he .says it's purely for pleasure. However, the 20th Century deal may be di.icussed. He confabbed about a directing job for Selznick-lnternational about a year ago, but that is now cold, he staled. Contract with Gaumont- British ha.s expired, but there is-also 8 pns.<;ibili(y of doing a couple of films for that sludi Hitchcock still hanUers to step from directing to the producing end, but says he's not ready yet. Expects to return to England early' In July, after spending a few more days in New York on his way. back from the Coast. His wife. Alma Re- ville, screen writer, is accompanying him. INVENTOR SUING RKO, DISNEY FOR $1,000,000 Los Angeles, June 7. Charging patent infringentent arid unfair competition by Walt Disney, RKO and others, Melville. ^Terwil- liger, Altadena (Calif.) inventor, has filed a $1,000,000 damage suit 'in federal court. Terwilliger claiins Disney has been i ing on his patents for six years in the production ot certain animated films. He asks an injunc- tion restraining further infringe- ments and an accounting of profits made by the defendants, estimated at $1,000,000, N. Y. Accessory Fmn's Execs m $125,000 Snit International theatre Accessories Corp.,. Sales On Soiind, iric, and the president of both concerns, Josef A. Tenney, were sued yesterday (Tues- day) in N. Y. supreme court by Philip S. Malickson, for $125,000 for breach of. agreement and slander. Malickson is v.p. and general sales manager for Sentry Safety Control Corp., arid Universal Projectors, Inc. Malickson clairhs.that he had an agreement with' Tenney to act in an aidvisory capacity for the defendant corporations. This understanding existed from May, 1931; to June of last year, he claims.' It has always imderstodd between him and Teniiey that h?/was to be paid for his ser- vices, which also consisted: of Intro- Vducing new sales riiethbds for the products of the Tenney <conceirns, When he asked Tenney for a show- down last June, the latter stalled him off and continued to ignore him as far as compensation for his ser- vices were concerned. He claims that, through his advice and inge- nuity the "Tenney Corps, increased sales from $20;000 in 1931 to Over $200,000 in 1937, and estimates his services to be worth $25,000. On his claim for ihe remaining $100,000 damages, Malickson charges the defendants with . circulating , a malicious letter to his associates, with Sentry and Universal Projectors which cost him the presidency of the latter concerns. Step Fetchit's Unique Ideas About Work Any Drastic Revision of the 4 A's Constitution Right Now Unlikely Couldn't take It Hollywood, June 7. Ice shower in, tropical Holly- wood caused a three-day dielay in the filming of Paremount's 'Spawn of the North.' Synthetic iceberg, with, a wooden frame, became top- heavy when draped with real ice and flopped into the studio lagoon. Brother-Preacher Of WB Xhain Gang' Author Wants Half Hjs Income IDAHO LOCALE FOR METRO'S 'PASSAGE' Star KIBng for Hope On Par's Opdon Lift Hollywood, June 7, Lifting Bob Hope's option last week, Paramount awarded him co star billing with. Shirley Ro.ss in 'Thanks for the Memory,' his- next assignment Hope is playing the lead role in 'Roberta' at the Philharmonic in Los Angeles this week, after which he will do a personal tour of the ea.st opening -at Loew's State. Newr York, June 23, with Jackie Coogan. G-B Scores Point in Its Suit Over 'Charley's Aunt' Gaumont- ritish Corp. won point in its. suit for profits.and dam- ages against ax J. Fink, assignor of Ideal Fil . ,• Ltd., when N. Y: Supreme Court Ju.stlce Samuel llof- stadter granted G-B an order di- recting that a commi.<:sion take dcposi lions in London. The officers to be e.xamined are Jeffrey. Bernerd and Edward Russell. Gaumont-Britis is suing, for its ."ihare of profits on American show- ing of the picture, 'Charley's Aunt which was distributed heie by Co- lunibia Pictures. The colored unit headed by .Stepin Fetchit and Eiiskine Hawkins* band closed last night (Tuesday) after four days at the Newman, Kansas City, which ■ Recently adopted a pol- icy of occasional, stage 'shows, as available, with the following devel- opments coming to light after -com-' plaints had reached the Paramount home office: 1. Fetchit, who says he writes his own acts, was doing a different act on each show because, as he oi)in.ed, people wanted to stay over to see him: twice at the same sitting. Also, when it was pointed out he wasn't doing 12 to 14 minutes, as desired, the artist .Fetchit - stuck to his con- tract irights, as he interpreted it, by contending that the contract merely said he was to make a personal ap- pearance and, he reminded, he made, the appearance. A new slant,' in his opinion as seen, is that it the contract doesn't .specify the minutes, rnaybe the arti.st' can get by with shorter working hour.<!. 2. Hawkins, a highlight of whose performance ,is a trumpet solo hit- ting high 'C,' set a new precedent, also, for fresh angles by saying that he didn't do the solo the first two days of a booking. His alibi was that the solo was pretty tough work and not easy to do. Playing the road on various other dales recently, the colored unit was booked into the Kansas City date for a week with the picture, 'Little Miss Thoroughbred.' When things' didn't go right and the reaction at the box office wasn't up to expectations, Harry Kalc.heim. P.Tr booking execu- tive ^it New York, flew out to K. C. to look into the situati . ith the closing of the show after four days, he made thie desired adjustment's un- der the contract!;, flying back to N; Y. Monday .(6). He was dr/.zy from the experience on his return. An effort will be made to get an adjustment on the film booked with the unit for the week's-date. It is a Warner picture. On closing of the u it last night (Tuesday), the New- man brought in "'Vou and Me' (Par) on a preview for biilante al the week. ickback from the Warner Bros, picture, /I .Am a Fugitive from a Chain Gang,' echoed yesterday (Tues- day) in N. Y, suprerhe court when the Rev. Vincent G. Barns of Pali- sade, N. J.; filed suit against his brother, Robert, who was the allege(] chief figure in the story and pic- .ture. The Rev,, wants a 50-50 break on the earnings.of Robert, the chain- ganger, "the iatter's .literary and picture earnings. Rev. Burns complains that ever since his brother became a convict in Georgia, he had enlisted his aid in bringing abbiit his freedom. The plaintiff engaged counsel, even pes-, tered high school officials,, including senators from Georgia and Idaho itr his brother's l>ehalf. Nothing came of his entreaties, but the .brother escaped the chain gang in 1932. He was caught in Chicago and returned. On a second escape- the plaintifT housed him In his home, during which tirrie the defendant decided hls^story was worth publishing for profit. The-plaintiff agreed and thny concocted his chain gang history. Of- fered to various publishers^, but it was refected. After revision by the plaintiff the story was: sold to Van- guard Press and later to Macfadden Publications. Warner Bros, finally picked it up after Metro had turned it down.. Warners paid $12,500 for the story. Plaihtlfl wants half of his brother'is take. NEW 2,000-SEATER ON SITE OF COHAN, B'WAY The thieatre that will replace the present George M. Cohan, old l»g'<- in the'new taxpayer that is to.rise on the site of the Cohan, Is already being, offered, for lease on comple-' tion. Present plans call for a picture house seating 2,000, nearly same capacity as the Rivoli but larger than the Criterion, RIalto, Astor, Globe, Gaiety, Central and Palacef. Realty interests already at work, on leases are asking around $80,000 a year for the theatre portion. Due to the importance of protect- ing theatres - they now operate in Times Square, possibilities on a lease include Arthur. Mayer, who has the Rialto; B. S. Mb.ss, operator of the Criterian, and Harry Brandt, who runs the Gaiety, Globe and Central. Circuits are not expected to be in- terested,, both Loew's and RKO hav- ing turned down offers for the Cri- terion after it was built. The Cohan is, part of the historic Fitzgerald building parcel on Broad- way and 43rd Street. Hollywood, June 7, W. S. Vnn Dyke, back from an ex- ploration lour of Idaho, has selected Payette Lake and the Upper repchc."; i of the Payette. River as 'lo(:ation site.'; j for Metro's 'Northwest Passage.' j While on the spot the Metro direc- i tor arranged for the housing, of 300 j cast and crew members and a carnp I W,Trn(?r's i-anch. at Calaba.ses, is site for 800 Nez Perce Indians who being dynamited io make room for will do tribal dances for the picture.' a balf-rivlle circular nice ti'iick. Clark Gable, Spencer. 'Tracy and I He will use the oval for workouts Wallace Beery have the top .roles. ! of his stable of yearlings; ' for Colbert H. M. Warner's Stable Hollywood, Ju The mountain back of Harry 1VI> Holl.vwood. June 7. Cl.TUdelle Colbcil'.s next starrer at Paramount will be 'Midnight," a modern lomantic comedy by Edwin Justus Mayer and Frani; Schulz. Picture 'will gel under way about Aug. I,-with Arthur Hornblofv. Jr., producing and Mllchvll Lei.^cii direct- ing. Dead End'Kid Signs First Coin-Proof Pad Lo.<: Ange1e.<;. Ju Bernard Punsie.v, 14. is. the first moppet signed under the new con- tract provisions ordered recently by Judge Emmet H. Wil.son iis a protec- tion for the. earning.s of children in plcturc.<;. Warners signed the 'Dead End' kid to a year'.s pact at' $250 por week with six yearly option< r<ii.';lns hi.s ] .<;alary to, $1,000 weekly. Courl guardian will hold ."iO'.'o of the bov'.<; ' .'iaiiiry in trust until he i.-; 2i; Drastic revision of the Associate^ Actors and Artistes of America con^ sUtutibn .at this time seems uhllkely,i Although the groups favoring a ms'i joir realignment are figured to hav* the. power to push through such changes, they wilt probably not ex- ert their- strength at present. ' Question of iconstitutional revision was one-of the causes of last fall's fight in the Four A's ranks. Figured all factions wish to avoid rekindling: that scrap by pressing the issue Just now. In general, the Screen Actors Guild, Ameirican Federation of Radio Artists and American Guild of Mui sical Artists favor broad revision, :While Actors Eqiiity Assn.. has been against any -drastic change. Atti- tude of the American Federation ot Actors is uncertai , although It may. lean towaM the Equity stand. Actual work of revision was slated to get under way' yesterday after- noon (Tuesday) when the consti- tutional committee, chairmaned by; Mrs, Emily Holt, held its first meet- ing. Session was' delayed to await the arrival of Kenneth Thomson, SAG execiUive-secretary.; He was held in Hollywood, by the negoti tions for revision of the year-ol SAG-studio contract. Regular annual ting of the Four A's international board was held. Monday (6) afternoon. Unlik* the session of last sunfimer and fall, it \yas a comparatively mild affair. ' Be.sides.the president's and treasuir- er's reports, the board elected Thom- son second vice-president and Leo Fischer treasurer. Terms ar« lor one year. Board al.so received complaints by several members of the Burlesque Artists Assn. that its president, "Toni Phillips, had refused to hold- meet* ings of the organization for a 'long perlodi Orders were issiied to Phil- lips to hold an eWeciitive committeo meeting within 10 days and report back'to the Fo'ur A's board. i. Ithough'a plan for revision ol.the , Four A's constitution and a realignra ' orgahi- tional setup was avolve^ last fall, by the committee working in separate groups, the recommenda- tions werie hot approved by all tha nriember giroups. Equity, In particu- lar, made a number of suggestions which, if carried out, would, nullify; rriiich of the reorganizational pr«h grain. Certain of the Equity prfr> posals would, in fact, tend to d«- centraliise power in the hands' ot ill* member groups, rather than concen- trate it in the Four A's board. ilespite Equity's opposition to .tha reorganizational plan last fall and winter; the legit group's present at- titude is hot clearly indi(;ated. Sinca (he Equity recommendations wera .made, the association has been through one of the hottest fights in its history and has held its annual elections. That fight resulted in the outright defeat of the insurgent group which had been instrumental in fostering and pu.shing opposition to the revision plan and to certain Four A's olTicials, particularly Thomson. Slncie the election of Arthur yron and Bert Lyteli as president' and fir.v-t vice-president, respectively, and of 10 new members to the council, the a.ssociation's policies may have changed. Philip Loeb, spearhead, of the insurgents, has gone to, Holly- wood. New Equity representative j on the, constitutional committee is Ellbt Cabot, who is identified with llie more conservative elements in the a.';.soclation. Partly to ascertain the Equity at- titude at fir.st hand and partly to cement relations between the SAG and the legit group, 'Thomson will go to Skcjwhegan, Me.,, this Weekend to confer with Byron, who is play^ ing the' slrawhat season at the Lake*' wood theatre there. SAG rep will return to New York next week to continue with Four A'a and eastern, SAG i.rTalis. Expects to return to the Cou.st at the end of next week. Shooting Up Nevada ilill; Hollywood, June 7. T U>r PfiMw r>AMOT<TT-c-n Columbia's ^Adventures of Wild F-WC CONV. CANCELLED .Bin liickock' irou is doing two Hollywood. Ju ' week? of shooting with camera and' Naljpnnt Thpalix-s- iF<!x - estPirtol in the hills near Kanab, Nev. Co;isU convent loh. .<:tlu<hiltd lor; Marly Webb Is producing the cliff- Aug, 1-5. at Del Monie. ;Ciilif., wa.v i haiificr in 15 chapters, with Gordon jsuddcniy callrd off (ndav:- I Elliotl, ajjd Carole Wayne in the top I No explanation .achanOcd tfir the i-vpol.s and 'am . Nelson and Mack I eanccllnlion, , >Vrljjht co-directing.. '