Variety (Sep 1938)

VARIETY PICTURES Wednesday, September 14, 1938 Major Cos. May Ask ft. a Further Delay to File Answers After Nov. 1; Some See Trial Stalled Until 1940 Although most of defendant com- panies are scheduled to file answers to the Government's anti-trust civil action on ,Nov. 1. further delay in actual filing may be sought by most of companies because right now one or two of them are averse to hurry- ing, their replies .even, to'that extent. There is no assurance that there will be additional postponement of time when defendants must reply, but it looms as a possibility. Unless present tactics are com- pletely altered, it will be 1940 before actual taking of testimony is started. This date is seen now because of previous experience in anti-trust acr lions. The ASCAP suit, in which the anti-trust angle is stressed, but which is regarded as considerably more simple in its details than, the case against the film companies, just now is coming up. for trial r having been filed three years ago. Involved nature of the federal ac- tion against major picture companies and affiliates is being appreciated more and more as legal experts delve into details. Now estimated that there are 15.different major charges, most of them so elaborate that they constitute virtually 15 different law- suits all filed- iri one action. To fur? the'r complicate matters some of them appear to be unrelated. Example of this is the 'move-over' phase of film bookings and other ex- change matters appeals in tne same bill of complaint as the clause seeking to halt borrowing of stars and exchange of talent Alsp, some attorneys classify the anti-trust law, under which the Government is suing, as being a bit ambiguous and requiring plenty of interpretation. Actual word use is "conspiracy to in- terfere with interstate trade and commerce.' Just what portion? of the suit may be applied to this loosely defined stipulation is the major, head- ache that legalites on both sides will have to consider during the next two years or more. Another thing the action will at- tempt to settle is whether, baldly speaking, It is illegal for a picture corporation to buy a theatre building for its affiliate setup. Effort, of course, will be made to apply the anti-trust statute to this phase. To the lay mind and even to some attorneys, the exchange of a top star for an ace director because both com- panies feel they will be benefitted; seems a difficult thing to place in the category of 'combination in con- spiracy in restraint of /interstate trade and commerce.' John W. Davis has been retained by Metro-Goidwyn-Mayer as chief counsel in its defense of the gov- ernment's anti-trust suit against ma- jor film companies. Firm of Davis, Polk, Wardwell, Gardiner Sc Reed is preparing Metro's answer to the complaint U. S. SLEUTHS DUE TO WIND UP COAST PROBE Monday I Am a Man Hollywood, Sept. 13. reddie Batholomew gradu- ated into the he-man class yesterday (Monday) when he returned to school the Metro lot. After using a lot of per- suasion on Aunt Cissy, he wore a sweat shirt instead of an Eton collar.- STARTS Hollywood, Sept. 13. illion-cVollar studio construction program *at Universal to provide, for the 1938-39 production schedule starts as soon as the home office goes over the details of the'plans okayed last week by J. Cheever Gowdin. Construction includes six-story, air-conditioned administration build- ing, and. two large air-conditioned stages lb "be erected to the south , of the present Stage 20. Other stages will be remodelled, sound-proofed and equipped with all modern inv provements. PITT HEARS HARRIS MAY BUY A BALL CLUB Pittsburgh, Sept. 13. Rumors flying thick and fast here, putting name of John H. Harris, of theatrical family bearing his name, as prospective . purchaser of Pitts burgh Pirates baseball club in Na- tional League. Reported franchise and property had been placed on market for $3,000,000 and said it would likely go to 'a party in Pitts- burgh: who had made a fortune in the motion picture business and had backed; several sports enterprises without using his, name.' Descrip- tion points to Harris: Latter has been behind several boxing promotions here, • owns hockey team and at one .time backed McKeesport baseball team, a Pirate farm. William E. Benswanger, presi dent of pennant-bound Pittsburgh team, denied club was for sale, but fairly reliable sources hint other wise. Possibility that if Harris makes an effort to buy club, Joe E. Brown film comedian, might possibly come in with him. They're close friends and Brown's interest in baseball is well' known. At one time he was part owner of Kansas City Blues in the American Association; Los Angeles, Sept. 13. Uncle Sam's probers, looking for anti-trust law violations In .local film exchanges, will wind up their field work next week, but it will take six weeks more to compile the evidence. Currently the investigators are finishing up their survey of the Fox West Coast theatres. Exchanges By JACK OSTERMAN We have often wondered why they call it a swan song when someone leaves. Personally, we don't know who wrote it and never have heard _ swan sing on key* The nearest we every got to one was watching Eva LeGallienne play it some years ago. However, what inspires this column is the fact that we are leav- ing to work on a musical play (Go on, laugh; remember Gilbert and Sullivan had to wrlte' their first one and Rodgers and Hart carried on from there) and want to devote our time to the aforesaid. could save our Ives a lot of time, probably, by writing the plot in this space but think it'll look much better with girls and scenery. Read the prolog the Other riite and have already received an advance, from Cain's, which: makes it look surefire. •We'll mi the noise of the typewrit- ers banging away and the noise of the boys that bang 'em. We'll-miss the 46th Street characters that passed by our 24-sheet window. We'll miss the faces who anxiously.askfor mail, meaning this is their only, address. In fact we'll miss the entire setup, but who knows, we may finish- the show by next Monday and might be, with you again^-'you never know' ( lug for John Shubert!). It Happened Last Week Raps received for leaving the fol- lowing out of pur-'Marching Through Georges' paragraph: George Prim- rose, Price, Raft, Geo. (Honey Boy) Evans, Geo!' (T calla Rosie, she no answer') Beban and the father of 'Bringing Up Father'-KJeo e c- Manus. Sorry, Georges! Ed Sullivan, the actor, who also writes as a sideline, playing soft ball in the middle of 46th street Saturday afternoon - and whistling,■' 'Shine on Harvest oon Dancers.' Wonder if Bill Terry produced The Valley of the Giants'.. Jt's get- ting so. now you can fly to California, stay for three insults and fly back in time for dinner. . .Since Jack Demp- sey started showing old Chaplin comedies in his Broadway place, it costs him. more to clean the windows than the bar.' And we have a new remark for people who act screwy, They're re- hearsing for a 1 !' Korda, Pkkford, Fairbanks in UA Biz Moves; Presidency Talk Again Now You're a Cobra Hollywood, Sept. 13. Makeup for rattlesnakes— Hollywood does that too. Lack- ing cobras for a sequence in 'Gunga Pi .' RKO technicians dolled up a troupe of rattlers with leather hoods to make them look like the ferocious reptiles. New millinery is un- popular with the rattlers. Only real cobras in Holly-' wood are under contract to. Walter Wanger for Trade Winds!' They ithout makeup. L A. DAILIES TO DROP REVIEWS OF PREVIEWS GRIFFIS BACK, FAVORS MORE THEATRES Cohan Asks $500,000 For Screen Autobiog Hollywood, Sept. 13. George M. Cohan's price for his appearance in a picture based on the .story of his life is $500,000. The two probed were Metro, 20th-Fox, Para- i must go together, mount, Radio, Columbia, Universal and Warner Bros, SAILINGS Sepl. 22 1 K"-•• York to London) Al T^hai.. ' (U- .'e /ranee). | Sopt 'A York ■ London) i Betty Allen. A Smith. '—nrriy \ Thompson (Queen iSnry). Sept. 14 (London to "i Mr. and Mrs. Robert, (Queen Mary). Sept. 14 (New York to. London > George Oppenhcimer, Eliot Paul, Natalie Kalnius, Bennett A. 'Cerf, Eddie Moran, Arthur Jarrett. Fer- nnnd Gravet, Paul raper, Russet H ilmah (Norniandie). Sept. 13 (New York' to Lim on) John Stevenson. Elsie Davenport, Duanc ant) Leslie, Paul Oskar tParis). That is the information disclosed by Jack Curtis^ the comedian's agent, in his negotiations with Metro. Curtis left for New York Satur- day (10) to talk over the picture deal with Cohan. Paramount is more likely to expand on foreign production rather than on theatres abroad: As regards televi- sion,' no official point of view is forthcoming from the firm so far as the foreign, end is concerned. Stanton Gri s, chairman of the executive committee of Par, returned Monday (12) from a brief sojourn to London and Paris where he delved into Par activities. Returning with him .was .also Paul Raibourn, who had gone. abroad principally to Study television. Griffis has returned prepared to recommend that Paramount expand on the theatre end, stating that Par has .only 16 theatres in the London area. First impression Is that Griffis must have some deal in the embryo by 'which such expansion could be realized. From London, the advices are that such a deal might possibly involve the Odeoh (Oscar Deutsch) circuit and Par. The same advices treat the situation lightly and do not look for any conclusion of such a project John W. Hicks, Jr., vice-president in charge of foreign, leaves for Eu- rope in about a week on routine business for the company. . Other News of Interest to Films Hollywood, Sept 13. Formal previews of motion pic- tures were dropped'by the downtown dailies of Los Angeles as a result of an agreement between publishers and exhibitors. Arrangement allows for general stories, and columnar comment but formal reviews are withheld until a picture opens its regular 'run. Exhibs contended that previews are a dis- tinct function of the trade papers. Rodney Paritages. Thornton Sar- gent, Jack Gross, Ben Wallenstein and -Harry Wallin represented the exhibs in-the conference. L. A. to N. Y. Dr. Saul C- Colin. Ricardo Cortez. J. Cheever Cowdi Bing and Larry Crosby; Matty Fox. Gale Gltterm'an. W'll Hays. Lotte Lehman. Russell Dyck Lewis, Arthur Loew. Lawrence Lowman. George McGarrett. RobertMizzy. Robert Mom Victor Moore. William Morris, Mike Nidorf. Mary Pickford. Otto L. Preminger. Harry Richmen. Buddy Rogers. James Rogers. Leo Turtledove. Kay Van Riper. William A. Wellman. Thornton Wilder. Jerome Wilzin. N. Y. L. A. Edward L. Alperson. Nancy Carroll. Harry Cohn. Frank Craven. Ben Freedman. Mr. and -Mrs. Lewis Ben Goetz, E. W. Hammons. Pete Harrison. Sonja Heme. Mrs. Seima Heni Leif Hcriie. Peter Holden. Jose Itur '. Alexander Korda. Joe Mankiewicz,- Roger Marchetti, Claude Ruins. Jack Skirball. Nate Spingold. Gladys- Swarthout. P. J: Wolfson. William Wyler; forecast dismal, future for Fr -a Odcon-GB merger.. . Jack- ."'s top hookup. lolsor, r>- ' E. G. Robinson's shows Raan , . , ->•<; 6f Hollywood Hotel. H. atv Air, <Vn»h Heibert, Norma tr.' .vto Lotis '1..,.,^ Metro -bins i- .'ii. A i'V 100-year rehewai r. ci).j.y)ii;lii. disputes..... '.bins i. ! WB blame* /.'SC'. Ne\C act reviews of (Set.) Davis.,.. Talk bootlegging Broadway .Hit.: .Page 13 ......i.........Page 13 Page 24 .................Page 25 nklin. Lux The- Fred Stone Pages 30-31 ...Page 41 Page 41 t .Hilhai: 'Vayne Morris, Johnnie .Page 47 . .Page 49 ARRIVALS Alexander Korda, Burgess Merer dith, Robert Donat, Guy Beauchamp, Giovanni Martinelli, Nino Marti i; •Mr. and Mrs:. Charles B. McCahe, Oscar Harhmerstcin, 2d. Paul Reuil- lard, Thercse Quadri, Mr. and Mrs. Heinrich von Schnitzler, Eddie Lewis, London Casino Revue, Alfred Lunt, Lynn Fontanne, Sonja Henic. Kitty Carlisle, Peggy Hopkins Joyce, Gilbert Miller, Ben Goelz! Dale Car- negi. Harry Novak, Sabu, Brian Ahcrne, J. H. Scidelman,. Mclchor Guzman, Edward Everett Horton, Jill Ster Alexander Korda is.in California, having- planed .out onday (12) ni , following his arrival in New' York with Stephen Pallos from Lon- don. Korda and Pallos, his business associate, now in the U. S., the probability also arises for an el of a president of UA, sooner than might have been antici- pated. Whether ill be done is something else. Douglas Fairbanks is London, next week. is going to the Coast to prepare a 'Lola Montez- fllm for UA release,. Mary Pickford is on her way to New York from the Coast. Both Korda and Pallos have much to accomplish here in the few weeks that each remains on this side. They, are in America on matters ,outside of UA, additionally, such as production by bther : American majors in the London Films (Korda) studios. With the Korda studios, booked to capacity for such production by various majors, Korda can concentrate on UA's needs, and it. is probable he will embark on a new policy and schedule of only four or five 'A' films yearly, making no secondary films of so- called 'B' product whatever. To elect a president of United Artists, or' a chairman, other than Maurice Silverstone, requires the unanimous consent of the sharer holders and ; there is no such unani ity at present. If a president or chairman will be named,. Maurice Silverstone will probably be the one. He is presently general manager of the company, with the fullest man- agement powers to. which neither the presidency nor the chairmanship,, if he were so named, could add. Korda and Pallos' brought, with them a print of 'Prison Without Bars,' latest Korda production. Sabu, youthful, native Indian star of Drums,' arrived yesterday (Tuesday ), a day following Korda. They will be here to see the premiere of the pic- ture at Radio City Music. Hall. Korda may go to Hollywood soon, where it is presumed he will- see Goldwyn, Charles Chaplin and Mary Pickford, his associates in UA. Following their arrival, Korda and Pallos huddled with Silverstone, and Korda's representatives, Emanuel Silverstone and Morris Helpfjni Pallos may' remain here for si weeks. Korda returns to London be- fore him. Andy Smith's Future Plans Uncertain; UA's Meeting Was Routine Andy Smith, Jr., sails for London Sept. 21. Further than this Smith's future plans are unknown. He re- signed from United Artists Thurs- day (15) as sales manager under George J. Schaefer, v.p, in charge of distribution. Schaefer announced Smith's resignation on that date, while the company directors were meeting at a- regular board session'. His resignaton was not unexpected. The board meeting was routi , the directors being informed of Smith's withdrawal from the firm prio^'to Schaefer's official an ounce- meht of the fact, .aurice Silverstone, operating head of- the company and general manager of UA, reported on the state of the company. No extraorelinnr matters were on the agenda, it was learned afterwards. Schaefer's new contract'was not taken up. Neither Silverstone nor Schaefer are members of the. board. Attend- ing the meeting were James Mul- vey, William S. McKay, Charles ■Schwartz, Dennis F. O'Brien. Ed- ward C. Raftery and Emanuel Sil- verstone. Not all are directors of the company. ' Mary Pickfordi who iva.s to have been present, did not attend. It is understood that included in Silverstotic's report was a survey of a simplified operating- plan for the company which has been put into operation iri the firm with his ad- vent. The company's annual share-, holders' meeting is schedued for No- vember.