Variety (Aug 1938)

VARIETY PICTURE OROSSES Wednesday, August 3, 1933 My Up in Spots Despite Heat; Tlich'%ideM2ip,^^ Phila4elphia, Aug: 2. PhiUy biz mixed, but generally poor. Terrific heat Is still dogging the town. Sunday the shore crowds broke records, with resultant nega- tive effect on theatre, b. o.'s. Way in the lead is the Karle with $21,500: That's a heat take for mid- winter and plenty gratifying now. Pulling 'em in is Frances Langford and Schnickelfritz band on stage, with 'We're Going to Be Rich' flick- ering. Nothing else even comes near that flgUre. At the" Fox 'Amazing Dr. Clilterhouse' is in its second week and grabbing off an oke $9,000 after a swell $16,200 in the initial gallop. At the Stanley Shirley Temple again Is proving weak for a de luxer, al- though satisfactory in getting kid trade in the nabes. She's getting weak $11,000 in 'Little Miss Broadr way.'- ■ ■ ■ . Estimates for This Week Boyd (WB) (2,350; 37-57-68-75 )— •Carey's Chickens' (RKO). Chicks are squawking for lack of b. o. gTO- ceriesi pbbr $9,100. Last week, 'Andy Hardy' (MG). nice $13,000, Earle (WB) (2,758; 25-37-42-57-68) —;Going to Be Rich' (20th) and vaude. Frances Langford' and Schnickelfritz band on stage. Step- ping- along at a lively cold-weather pace for big $21,500. Last week, 'Sky Giant* (RKO) and WiU Osborne orch., $19,600, good. Fox (WB) (2.431; 37-57-68-75)— T5r. Clitterhouse' (WB) (2d week). One' of the few this summer to achieve a second- lap. Oke $9,000' after v. : $16,200 last' week. Karlton (WB) (1,066; 37-42-57-68) —'Monte Cristo' (UA) (reissue), tike most of the repeaters now, grossing n.s.h. at $3,(k)0. Last week, 'My Bill' (WB) (2d run), $3,000, weak. KelUi'a (WB) (1,S70; 37-42-57-08) —'Gowboy' (WB) (2d run). Show- ing very little poweir at $3,200. Last week, 'Wonderful Time" (RKO), mediocre $3,800. Stanley (WB) (2,916; 37-57-68-75): —'Miss Broadway' (20th). Shirley Temple, much better in the' nabes. Little to talk about here with $11,000. Last week, 'Give a Million' (20th), $10,200, poor... Stanton (W9) (l,45'7; 26-42-57)— ♦Saint New York* (RKO). Mystery 'thriller just what the M. D. ordered for this two-gun palace and getting neat $5,200. Last week, 'Seven Seas* (MG) (2d week), sweU*"$4,200 after opening $6,400 gross. %m BW-Vande lOG, 'Chickens'18,500, Denver Denver, Aug:. 2. Business Is pretty good around towri, despite record hot weather, which drove all who could get away to the mountains and parks. Estimates for This Week AUddIn (Fox) (1,400; 25-40)— •Cowboy from Brooklyn' (WB) (2d run). Only fair $2,500, moves' to. Rialto because of shortage of films. Last week, 'White Banners' (WB) (2d run, nice $3,000. Broadway (Fox) (l.lOO; 25-40)— •Lord Jeff' (M-G) and 'Fast Com pany* (M-G) (2d run). Fair $2,500. Last week, 'Shopworn Angel* (M-G) and 'Crime Ring' (RKO) (2d run), mild $2,000. Denham (Cockrill) (1,750; 25-35 40)—'Tropic Holiday' (Par) (2d week).. Average $5,200. Last week, sariie pic, strong $8,500. Denver (Fox) (2.525: 25-35-50)— ♦Miss Broadway* (20th), and stage show.. Tvpical Shirley Temple biz; big matinees, fair nights;. $10,000. Last weiok, 'Cowboy from Brooklyn" (WB) and Benny Meroft and band on stage, nice $11,500. Orpheum (RKO) (2,600; 25-35-40) —'Mn'her Careys Chickens' (RKO) ana 'Sky Giant* (RKO). Nice $8,500. Last week, 'Lord Jeff' (M-G) and •Fast Company' (M-G), average $8,000. . P.iramount (Fox) (2,200: 25-40)— •When Were You Born* (WB) and •My Bill'. (WB). Good $3,500. Last weak. 'Men Are Such Fools' (WB) and 'The Beloved Brat* (WB), okay $4,000. R'alto (Fox) (878; 25-40)—'White Banners' (WB) (2d rim). Satisfac- tory S2.000. Last week, 'Rage of Paris' (U) (3d run). 'Moto's Gam- ble' (20fh), good $1,800. PEE^ACE SCOllES Hollywood, Aug. 2. • Ivan (Pieface). Hanson, 15Tyear-old Idah(> hillbillyi Won a job iii: Metro's •Northwest Passage* by shooting the rapids of the Yosemite River, on a raft. Kid was put to work by Director W. .S. Van Dyke, with a promise of fiiture roles in Hollywood. . Prov. Hot, but ^Algiers' Pacing for OK $10,000 . Providence, Atig. 2, Ideal vacation weather beginning to- hurt stands as ■ the long awaited summer heat hit town with a bang. Loew's tops with 'Algiers.' Estimates for This Week : SUte (Loew) (3,200; _ 25-35-50)— 'Algiers' (UA) and 'Everybody's Do- ing It' (RKO). Looking for $10,000, okeh. Last week, 'Love Finds Andy Hardy' (M-G) and 'Storm in a Tea- cup' (UA), outstanding $14,800. Majestic (Fay) (2,300;'25-35-50)— 'Miss Broadway' (20th) and 'Crime of Dr. Hallef (U). Doing nicfely,. $8,000. Last week, 'My Bill' (WB) and 'When Were You Born* (WB), fair $6,000. Strand (Indie) (2,200: 25-35-50)— 'Army Girl* (Rep) andThe Shadow* (Col). Only so-so $5,000. Last week. Tropic Holiday* (Par) and 'Bar 20 Justice* (Par) soared to $8,000. 'ANDir DANDY AtmiNBUFF Buffalo, Aug. 2. Grosses are see-sawing within nar- row limits, with current week's take shiswing a little Improvement over 'Love Finds Andv Hardy' Is climb- ing nicely at the Buffalo; but 'Pro- fessor Beware' is h. g. at b. . Re- issue of 'Mr. Deeds* also isn*t draw- ing. £stlnui«s for This Week Bollalo (Shea) (3,500; 30-35-50)— 'Andy Hardy* (MG). Doing well and should go to good $13,000. Last week, 'Miss Broadway* (20th), topped anticipations .and came in with nearly $11,000,-satisfactory.. Centary (Shea) (3,000; 25-35)— 'Sky Giant' : (RKO). and «Mystery House' (WB). Showing Improve- ment and .may get nice $7,500. Last week, 'Always Goodbye' (20th) and 'Going to Be Rich*. (20th). fair $6,500. Great Lakes (Shea) (3,000; 30-50) -j'Professor Beware* (Par).. Lloyd pic not doing well and ;Won'i get over $7,000, so-so. Last week, *Dr. Clitterhouse' (WB), $7,500, fair. Hipp (Shea) (2,100; 25-40)—'Give a MiUlon' (20th). Bracing notice- ably and should come in' with over $6,500. Last week, 'My Bill' (WB) and 'Passport Husband ' (20th), mild $5,500. Lafayettodnd.) (3,300; 25-35)— •Mr. Deeds' (Col) (reissue) and 'Womisn in Prison' (Col). 'Deeds* showing, little strength; maybe $4,000, poor. Last week, 'Devil's Party' (U) and 'Jury's Secret* (U), $3,800, very poor. Gov H V Demands (Continued from page 3) a reasonable amount to absorb the fair pro rata of such employee's Idle time, .is a fair trade practice, Matter of spotting pictures was handled in Exhibitors' Resolution No. 8:' That the refusal of a dis- tributor to lease a photoplay or photoplays to an exhibitor for ex- hibition within a reasonable time after its prior run, shall be con sidered an unfair trade practice CVote on this was sharply divided, with unaffiliated exhibitors favoring the measure). Special Contracts On the matter of contracts and allegation that there are special types of such, the 1927 Trade Prac- tice Conference report said: 'Exhibitors' Resolution No. 6: iFrom the standpoint of the In dependent exhibitor this is prob- ably one of the most important reso lutions passed by the conference It provides a means Whereby jus- tice -and equity should supplant the alleged unfairness to which in dependent exhibitors claim they have been subjected in the matter of being compelled to enter into contracts containing clauses of which they disapprove, but were left no choice other than to forego the purchase of films or sign on the dotted line.. The resolution pro vides for rewriting of the standard uniform contract ' and for such modification and changes in the system of arbitration as a' commit- tee of six shall deem. necessary, (three were, to come from In- dependent delegates and three from producer-distributor members).' ■ Fart of the resolution reads that the iise of a standard uniform con- tract providing for arbitration both of disputes arising out of said-con- tract and of the provisions of the contract itself is a fair trade prac- tice.' This resolution (No. 6 for exr hibitors) was included .as a. rule ap- proved by the FTC. : DIstrib-Tbeatre Operations' Regarding the Department of Justice, complaint that monopolistic power : tends -to drive independent theatres out of business, or compel them.' to sell out on producer terms, the 1927 ccinterence had thil to say: . 'Distributors' Resolution. No. 16-A: That any agreement among distributors to prevent any exhibitor from contracting for the picture: of such distributors, or to exact from such exhibitor a higher rental for the pictures, of SMch distributors than could, otherwise be obtained .in open, competition, is an unfair trade practice. , Also, in 'Distributors* Resolution No. 18: 'That the use of buying power for the purchaise of more photoplays than ah exhibitor can:consume (over- buying), in order to deprive a com- peting exhibitor of the opportunity of piurchasing his supply of photo- plays, whether it be an attempt, to comer the market agaiinst such com- peting exhibitor, or :whether it be with the thought of forcing a com- peting exhibitor oiit of business, or the compelling of- such, competing exhibitor to sell his theatre, is an unfair trade practice.' (-Both resolu- tions were adapted as fTC rules.) THiis also covered the allegations on ftill line forcing, high rentals, etc, brought up ' by the' Department of Justice last week.: Regarding divorcement o.f theatres frofm producer-distributor companies, Myers, in making his report back in 1927, said: •Sidney S. Cohen delivered the keynote address: for . independent theatre owners.... C!ohen represents the extrenie of Independent exhibitor views, ile advocates, for :e;tample, that all producers be compelled to dispose of their theatres.' Cohen died in N. Y. in 1935. Regarding the restoration of free enterprise and. open, competition, brought out in jiistlCe. department statement, the 1927 trade parley showed that the exhibitors* resolu- tloii: Nol 4 failed to reach a vote. However, the director of the con- ference report showed the resolu- tion, as amended and presented,'to read as follows: 'Tliat coercive blocic booking is an unfair trade practice, and that all distributors be compelled to furnish exhibitors with the quotation on each and every plctiire offered' for sale, with the exhibitor having the privi- lege of ' selecting . any of these pic- tures at an agreed price. However, if the exhibitor, feels that more than one, most, or all of any group of pictures are of such- .quality as to be desired by the public patronizing his theatre, then ' and in that case the distributor should be permitted to sell said exhibitor more than one, most, or all of said group of pictures; further provided, however, that no inducement greater than a.10% dis- count be allowed for such quantity sale.' The subject matter of this resolution, was treated in the state- ment of policy offered by the pro- duceir-distributor-affiliated g r.6 u p s and accepted by the independent ex- hibitor group. Kent's Attltade Speaking of this Exhibitors' Reso- lution No. 4, the conference director wrote: 'The distributors* position and the length to which they were willing to go in this matter were stated by Sidney R. Kent in the following lan- guage: 'We believe that there is a public interest; not to the extent that some would indicate, because we believe the public has a misconcep tiori of what block booking is. If a picture does not happen to be popu- lar, that should not be blamed on block booking, because you get poor ones in any . method. ■ As far as changing the present method of wholesale selling is concerned, these distributors will, not object to pric ing pictures individually or negoti- ating with exhibitors of their own free will on the basis of less than a block of pictures^ We want to be the final judges—and the- loss of business would be our penalty—as to whether or not we shall , accept the proppsition. Further than, that ;cann6t go, because of the limitations that have been imposed upon the profits here. We are willing lo meet in conference to talk over any plan that anyone else has to suggest that may be practicable. We have "ot been able to find it. We believe we are within our legal right to sell as we are now selling. We have hot been able to And a substitute.' Regarding a resolution proposed to prohibit producers and dtstribu- Inside Stutf-Pictures How to dissuade a nationally known magazine outfit from swampliie tK studio with sight-seeing mag fans is a diplomatic problem confronting on' of the major press agents. Publishing firm, with four monthly flim xtiJ^ started several years ago to send semi-annual excursions of circulatioh contest winners to Hollywood to gander the studios. In return, studiM were promised plenty of free space. Presently the publishing house got the profit-making idea, picking up oglers from all parts of the east and midwest and collecting'a divvy from the railroads at so ihuch 'per hea± Most recent stampede practically wrecked the valley hbnie of a featur^ male t^ctor, who made the mistake of inviting the oglers to a cocktail party. . Hollywood knew it all the time, but now there is official proof that Russell Bird\yell pulled a fast one when he wept those tears lover the sad fate of passe picture star's. When those eight former celebrities, working as extras in David O. Selznick's "The 'Ypung in Heirt,' signed a petition for a 'career insurance' law and filed it with Gov; Frank Merriam, the. nation's newspapers fell for it hard. Now the. American InstitiiUoa of Propaganda Analysis, organized to teir the world what is what in propagandist. movements, brands tiie story as out-and-out press agentir Not only that, one. of the members of the institute Is Russell Birdweli himself. Concludihg booker and ad salesmen • conventions in the south and far west, ;Warner Bros, over'the weekend (30-31) held a session in New York to cover the. Eastern and. Canadian. branches of. the company,' with A. W, Schwalberg, supervisor : of; exchanges, presiding at the. meeting. Stanley Hatch,'advertising accessories, sales mgr. and .1. F. Dolid, assistant to Nor«' man Moray, shorts sales manager, also figured prominently : in the con- ference. ■'. .': Regional booker and ad sialesm.en attended from the New York, Albany, Boston, New Haven, Philadelphia, Pitisburgh,\Washingtoh, Montreal and St John exchanges. Meeting of the Southwest Editors Association is scheduled shortly to discuss a Ibok-see into the Interstate circuit's.policies, particularly follow -ing the take-over of the Austin Dispatch by Karl Hdblitzelle and Bob O'Doxinell. Editors are still burning over 'what they allege is unfair tnd« competition and . practice on the. part of the theatres in accepting screen 'advertising. '■.-'-■'' . Newspapers squawk that the theatres^ are not licensed for the.exhibitioii of screen, ads or as a medium, for advertising of products other thaii no- tion pictures, vaudeville aiid other recognized show business items, Flock of reissues which hit-Philly territory during the past couplamontbi have turned out to. be a false start. Oldies quickly' made the rounds. A few showed .pretty good profit at the b.O;, biit most were mediocre and plenty piay^ to carmine ink. Now they're practically. all washed up and it's difficult to sell an exhib a reissue with a bonus tied to ea(:h reel Initial biggie was 'Son of the Sheik,* which came in with a load of fan> fare and exploitation. It clicked neaUy in the early spots but nis.g. by the time it reached the Subsequents. Paramount's 'Sheik,* on the other hand/fiived from the start P. A.*s in a major.studio ,aire red behind the ears as a result of an eaves- dropping plot-concocted by a supervisor-recently installed over the de-. partment Scheme consisted of a set of direct communication boxes in various department offices, with, the control box in his own., By tuminj. a key he could listen, tb what was going on iii any office. Plot was tipped off when the supervisor complained to his secretary that the spying con- trivance was too sensitive. Flies, buzzing around the boxes, interrup.ted the conversations and interfered \yith his gumshoeing. Strategic maneuvers-by Paramount will bring entire ^American Legion up to the front line to plug the forthcoming picture, 'Sons: of the Legion.' SSaneuver No. 1 was to cast Keith MacKenzie, six, in the film, His father is Victor MacKenzie, advance man for the Legion convention to be held in. Los Angeles in September. Maneuver No. 2 'was to have Evelyn Keyes; femme lead in the piicture, appointed official fiying hostess to the Legioa Miss Keyes will, accompany MacKenzie oh an air tour of 37 major cities, plugging the show, Farewell dinner tossed, in Pittsburgh for Mike Cullen, elevated from managership of Pehn theatre there to hedd of Loew's midwest divlsioh, had .qne of the speakers crediting honored guest with 'great^ publicity stunt in picture industry.' He recalled that on morning 'Scar- face' (WB) opened at Penn several years ago, the notorious Volpe brothers (3), were' wiped out by machine guns in Pittsburgh's biggest gangland killing. Speaker kiddingly remarked that Cullen had engineered the coup in behalf of the Paul Muni pic. : Less'hoofing and more drama 'will mark Fred Astaire's future film* if the dancing st^r has his way at RKO. He is ready to Shelve his foot- work and do straight roles with a femme lead strong enough'to support a dramatic theme. Under his contract Astaire has the right to approve his stories and leading women, and may insist on a serious yarn for hiJ next picture. Arthur Mayer booked 'Crime Over London* from Gaumont-British fot his Rialto, N. Y, second picture from this firm he has ever played at his bandbox house. However, understood that what he saw when it was screened for him, and what was delivered after the censors and the Hays office got through with it, was something else again. Mayer bought the picture before the emasculation. 'Inside Nazi Germany,' March of Time release which stirred up so mud discussion in U. S., has been banned in Hong Kong, according. to word ,, received in N, Y.. Film had been set for showing at two theatres, but J the British censor's office screened it for the German consulate, Ban j followed. t Arthur DeTitta, Washington bureau manager of Fox Movietone, is i*- ported being groomed for an important post in-Europe. Task, if deal goe* through, would be to .Americanize or pep up foreign shots for Fox news* reel. Tony Muto, formerly attached to the Hays: office in Washington an» now publicist for the lATSE,, is scheduled to get the post he vacates. Metro's new Robert Taylor starrer, "The Crowd Roars,* is parading i^- der a title once owned by Warners arid used on a picture released in 19». Burbank studio swapped it to the Culver City outfit for some library I footage. tors from operating theatres,. Com- missioner Myers stated back in 1927: 'There was a provision in the com- iiiis-sion's order in the Famous Play-, ers-Lasky case which T will :read to you as indicating the, limitations which the commission obviously felt were imposed on : its jurisdiction in' such matters. In the first instance, the Supreme Court held at its last session that the Federal Trade Com- mission had no' power under its act to divest property that had already been acquired, and secondly, you-d» not find in this order provision WJ. divesting ownership, and apparently i you might gaUier from this orde> fc that , the commission did not [ within its jurisdiction to prevent «, distributor or producer from entei* k ing the exhibition field under circumstances—in other words, ■tj'" I the exhibition of products by .a.^J^j tributor or producer, whs not i" of itself, an unfair method of wn> petition.*