Variety (Oct 1938)

^bdnesday, October 5, 1938 PICTURES VARIETY 1 U'S PROD. COST IN '3/ AT $10A Data in Studios' Defense Vs. Unfair Practice Charge—Directors' Hear- ing Due to Conclude To- night (WedO EXTRAS' FATE Hollywood, Qct, 4. Metro spent $32,000,000 and Univer- sal $10,00*0,000 in production of mo- tion pictures during the last fiscal year. Metro studios turned out 39 featur-e length pictures and 67 short subjects during that period, while Universal released 44 features and 20 shorts. Expenditures, shipments of prints and foreign sales w^ere disclosed in questionnaires submitted to the National Labor Relations Board dur- ing hearing on petitions of the Screen Directors Guild. Directors charge 10 major companies with unfair labor, practice for refusing to negotiate •with the Guild and ask to be certified as exclusive bargaining agent for directors, unit managers and assistant directors. Canada, Australia and England were listed as the best foreign mar- kets, with Italy last. Metro re- ported forwarding 45 negatives, to Canada, 43 to Australia, 40 to Eng^ land and one to Italy. A total of 550 prints were shipped td foreign coun- tries, but studio kept no record of prints made in Europe. ■ Metro forwarded 66 negatives of short subjects to Canada and 57 to Australia. Others were shipped from the eastern laboratory, but no record of these was kept by studio. Ship- ments of prints of short subjects totalled 978. Metro reported shipping 27 original negatives outside .the state of Cali- fornia and 18 fine grain duplicate negatives. A total of 12,377 prints were forwarded to points within the United States, while prints of short subjects going to same points was 13,547. This figure does not include prints distributed from the eastern laboratory. Universal, which has always en- Joyed a lucrative foreign business, sTiipped 44 negatives outside the "state, from which 6,770 prints were made for distribution in U. S. only. Duplicate negatives shipped to for- eign countries totalled 131, with Australia receiving 37, England 46, France 4, Canada 44. From these, 235 prints were made for Australia and 1,147 for England. Universal re ported foreign figures were incom plete and included prints of only 17 of 46 duplicates exported. Shipments of short subject prints to foreign countries totalled 493. Heariner Nears End Hearing on petitions of the Screen Directors Guild is expected to be completed tomorrow (Wednesday). Attorneys will then make their argu- ments before William R. Ringer, NLRR trial examiner, and latter will rule on motions to dismiss and ad- missability of certain evidence. Most important of latter pertains to de- linquence of SDG members, several of whom have never paid any dues. If the examiner holds delinquency must be considered in deciding whether Guild is a properly consti- tuted bargai ing unit, the Guild will loscitsmajority atmany of the major studios. E. J, Mannix, general manager of Metro, was one of principal wit- nesses for the ■ producers. Mannix said producers surpervise shooting'of pictures, recommend writers and directors and are directly resDonsible for cutting of picture. He said directors make recommendations, but that similar suggestions are received from property men, etc. Witness said that many directors do not even view daily rushes of pro- duction, latter being viewed by the producer, who also handles cutting. He said the only director who ever hfJd a contract giving him approval of final cutting was Ernst Liibitsch, and that the latter cabled from Europe giving his producer authority to cut the picture. Testimony of Mannix was con- trary to that of Reeves Espy, v. p. and general manager of Samuel Goldwyn Studio, who said direc- tors sit in with the writers at his studio during preparation of the script, discuss the cast with Gold- wyn and. aid in cutting. He said di- rectors also aid Goldwyn in select- ing cast, and that ii| the.director ob- jects to any player the latter is re- moved. Charles Chic, production manager at Metro, testified that unit mana- gers have final say when companies are on location and also exercise considerable authority on. the sets. Manager said that on one occasion a company was recalled from Siam on advice of unit manager, who had reported no progress was being made. Chic told board that .before shoot- ing starts at Metro a complete chart is made by cutter of entire produc- tion, showing length and cost of each scene. He said that elimination of certain scenes in 'Yellow Jack' re- sulted in a saving to the studio of approximately $50,000. Unit Boss Backed Up On another occasion during shoot- ing of 'The Great Waltz' Chic said the director insisted that Louise Rainer change costume, but that the unit manager objected because nec- essary retakes of scenes in which she had already appeared in the cos- tume would.have cost the studio $1,- 000. When the director insisted, the matter was taken up with Mannix and other executives and the unit manager was sustained. Val Paul, studio maniager at Uni- versal, testified that directors fre- quently demand certain assistants. Witness said' that Gregory LaCava objected to assignment of a first as- sistant director in 'My Man God- frey' and after shooting for 10 days denianded the first assistant be dis- missed and the second assistant pro- moted to first. This was done. Fred Leahy, production control manager at Paramount, told the board that cutters are assigned as creative assistants to the director and that assistant directors are merely physical assistants. He said cutters work directly with the di- rector, suggest scenes and cuts and discuss quality of scenes and the re- action they are likely to draw from theatre patrons. George L. Bagnall, v. p. in charge of production for Paramount, testi- fied that work of a director is of such an unusual character that a unique employment clause is in- serted in their contract. This gives the studio authority to apply for injunction in case of a breach of contract by a director. Clause states that because of their creative work their loss could not be 'reasonably or adequately compensated in dam- ages.' ■ Sid Ro,!?ell, studio manager for RKO-Radio, said assistant directors seldom shot scenes, and that often a cameraman is assigned to direct and shoot scenes on location, v^ith the assistant director there merely as a business representative. $220,000 for Talent Several budgets were introduced during testimony of Rogell, includ- ing that of 'Bringing Up Baby,' Lat- ter budget showed that Howard Hawks was paid $87,000, Katharine Hepburn, $72,500 for eight and one- half weeks; Gary Grant, $75,000 for 10 weeks, and Charley Ruggles, $30,- 000 for eight weeks. Cost of cast was listed as $220,026.64, with total budget cost given as $776,776,07. Plan calling for reduction of 3xtra registration from present 12,000 to 15,000 players to approximately 2,- 500 and placing of these under con- tract to Central Casting Corp. will be considered by permanent commit- tee to be named soon to arbitrate differences that may arise over in- terpretation of new agreement be- tween the Producers and the Screen Actors Guild. Players would be paid from .$60 to $75 monthly, with overage when they worked more than guarantee. If this proposal is anproved. Sec- retary Perkins of the U. S. Depart- ment of Labor, the .State Welfare Commission and the Slate Labor Commi.<;sion will be asked to appoint representatives to supervise _ the work of weeding out the occasional player and chiseler. Theodore Lorch has been elected vice president, and Adabell Driver, secretary, of the Junior Screen Ac- tors' Guild. Lorch replaces Harry Mayo, who resigned to accept post of studio checker for the SAG, and Driver takes place of Jack Grant, who also retired to. become a checker. JTew members of the Junior Coun- cil of the SAG are Eddie Cutler, Frank Edmund, Gus Reid, Bud Ray and Elliott Sullivan. Plan of the Screen Actors' Guild to license agents will be explained tomorrow (Wednesday) night at mass meeting of actor representatives. Proposal will be outlined by' SAG committee headed by George Mur- phy. Artists Managers' Guild has named committee composed of Abe Lastfogel,. Leland Hay ward, Bert AUenberg, Frank Vincent and M. C. Levee to confer with actors. Agents are not expected to offer much opposition unless it develops that actors plan to cut 10% fee now received by actor representatives. Ratify Producer Pact Mass meeting of Senior Screen Actors' Guild will be held Friday (7) to ratify new 8-year agreement with the producers and to approve new set of by-laws. Old by-laws, adopted before closed shop agree- ment was negotiated with the pro- ducers, has been completely rewrit- ten by Laurence Beilenson, counsel for the SAG and the American Fed- eration Radio Artists. Special committee of the Motion Picture Relief Fund is preparing, to make a survey of the extra situation to determine if anything can be done to aid economic condition of players. Extra placerhents during September set a -new low for the past two years. Less than 14,000 jobs were passed out. Campbell McCuUoch, head of Cen- tral Casting, advised the committee that average number of persons em- ployed as extras during past eight months has been only 4,000, while extra membership in the SAG is 8,400. J. P. McGowan, executive secretary of the Screen Directors' Guild, and a member of the relief committee, reported that 80% of the extras work intermittentlj'. He at- tributed part of decrease in extra jobs to-reduction in the number of westerns being produced. Dr. Towne Nylander, regional di- rector of the National Labor Rela- tions Board, has set Oct. 14 as date for conference with film executives and officials of International Alli- ance of Theatrical Stage Employes on charges that the lATSE is a com- pany union and producer dominated, Chai'ges were filed by Jeff Kibre, member of Local 37 of lATSE and head of Motion Picture Technicians Committee, In the meantime lATSE has turned the West Coast Studio Local back to the members. Local officers have boon elected and all international officers of the lA removed from Coast offices, including Harland Holmden, v,p., who was sent here from Cleveland. Harold V. Smith, a local business representative, is now in charge on the Coast. Election of studio scenic artists will be held here the last of this week to determine whether the artists will affiliate with Motion Pic- ture Painters' Local 644 or the Scenic Artists' Association of Amer- ica. Herbert Sorrell, business rep- resentative of Local 644, claims to have a m.-^iority of the workers in major studios. Extras were granted modified au- tonomy under provisions of the nisw by-laws of the Screen Actors Guild. Junior Actors Guild, replaced by Class B Council, is vested witht au- thority to initiate legislation and des- iffnate three members to meet with Guild directorate and particioate in discussions when such legislation comes under consideration. By-laws prohibit the board from calling a strike of Class B members, even if approved by Class A mem- bers, unle.rs 75% B members vote for a walkout. On written petition. 30% Clas.s B members of the board are required to take vote on question of B mem- bers withdrawing from- Guild. In event 51% B members vote in fnvor of withdrawal, proposal will be held as passed. Hollywood Agents Decline Mass Huddle with Screen Actors GuOd Non-Aryan Picts Corp, Albany; Oct. 4. First use .of the term 'non- Aryan' in show .business was in- corporated at the Secretary of State's office last week in the chartering of Non-Aryan Pic- tures Corp., authorized to con- duct a motion picture business, with principal office in Man- hattan. Its papers were filed by Roosevelt theatre, Ul-117 E. Houston street. New York. Di- rectors are Elliot Westin, 129 E. 82nd street; Benjamin Radin, 130 W. 42nd street, and James Ross, 306 W. 44th street. Capi- tal stock is ""OO shares, no par value. MONO THIRD OF WAY THROUGH SKED BY DEC. 1 Hollywood, Oct. 4. One-third of Monogram's 1938-39 program will be ready, for release by Dec. 1, according to President W. Ray Johnston. Sked calls for 26 features and 16 westerns. Three set for October- release are 'Mr. Wong, Detective.' 'Sweetheart of Sigma Chi' and 'Where Buffalo Roam.' Four for November are 'Gangstc^r's Boy,' 'Gun Packer,' 'Gang Bullets' and 'Roll, Wagons, Roll.' Four skeded for December are *I Am a Criminal,' 'Mother o' Mine,* 'The Last Outlaw' and 'Midnight Patrol.' Four others have already been re- leased. Canadian Authorities May Help B.R. Sexer Montreal, Oct. 4, Provincial health authorities are reported so greatly interested in the showing of 'Damafied Goods', which has been booked into His Majesty's starting Oct. 10 by Irving Sourkes, with Grand National here, that a request has been made for the French-language sub-titles. Dr. Paquet,x.provincidl Minister of Health, and municipal authorities are all steamed up and are reported backing the picture with testimon- ials. It is understood that Provincial Government may foot the bill for French subtitles in view of the atti- tude taken by the health authorities that picture would help clean up the province. Kay Kyser's Film Dicker Pittsburgh, Oct. 4. Deal is on the fire for Kay Kyser orchestra to make a picture in Hpl- lywood next summer. Kyser appear- ing at Stanley. Negotiations being carried on with two studios. WB reported most likely. Lew Wasser- man, of MCA, handling arrange- ments. Flicker would be based on an idea of Kyser's own, with his entire radio crew, including Virginia Simms, Ish Kabibble. Sully Mason and Harry Babbitt, working throughout the pic- ture in the mnnner of Waring's Pennsylvanians in 'Varsity Show.* Asking price Of Kyser is said to be $250,000. Call for Casey Jones Hollywood, Oct. 4. Paramount is scouting the Holly- wood area for a vacant lot big enough for a sound stage 500 feet long, to be built for Cecil B. De- Mille's 'Union Pacific' Picture re- quires five long spur tracks. Outside location is necessitated by a shortage of vacant space on the studio lot. Hollywood, Oct. 4. Artists Managers Guild has notified George Murphy, chairman of the Screen Actors Guild conimittee han- dling the proposed ehfranchis3ment of agents, that it .is declining to at- tend the mass mee.ting of agents called by the Guild for tomorrow (Wednesday) night. Decision was made early this iporning at a meet- ing of the agents' GuOd; that the mass meeting was no place at which to discuss this matter; but that they would gladly appoint a committee to confer at the pleasure of the SAG's committee. Agents' Guild pointed out, in the letter, that the SAG had fought for recognition as employees, and that the agents, in turn, were employees of the SAG, organized as a guild, and heretofore they should have the same opportunity of bargaining .with the SAG as the latter's members had with its employers. The agents' Guild sets forth that it believes, judging by the proposals of the SAG, that under its proposed franchise system, many of the bigger agents would be driven out of busi- ness. Especially those like Myron Selznick and the Edward Small com- panies, it is specified, since both agencies also have production Inter- ests. The SAG proposal is that 10%ers can't function also on the producing end. " Another phase that the agents contest is the requirement that should an agent be refused a license by the SAG, he could not be em- ployed by any of the other agencies which are given franchises. TECHNICOLOR'S NET IN 8 MONTHS, $S62,612 After declaring a 35c dividend, Technicolor last week released a re- port cpvering net result of opera- tions in the eight-mont'h period end- ing Aug. 31. This revealed net earn- ings to be $862,612 as against only $451,258 in corresponding period in 1937. Latest dlwy is payable Nov. 1 to stock on record Oct, 17. Technicolor also paid 50c. last Aug. 1, makin:; a total of 85c. payable on stock this year. Shares on N. Y. curb exchange advanced several points, after news of distribution and favor- able earnings statement. Par and 20di in Big Campaigns on Fi'ms Paramount is appropriating $100,- 000 to .cover national campaign which, together with assignment of special exploitecrs, will mark the day-and-date booking in 21 key cities of 'Men With Wings' on Oct, 28, For. its 'Submarine Patrol' and 'Suez,' 20th-Fox is likewise vmloos- ing the bankroll for a big bally. Voteur's Non<Suited The $1,000,000 plagiarism suit of Ferdinand Voteur, playwright, against Warner Bros, was dismissed yesterday (Tuesday) by N. Y. Su- preme Court Justice Louis A. Va- lente for lack of prosecution. Voteur claimed in the action which was started in September, 1936, that his play, 'Resurrection Morning,' had been thefted by WB in the pic- ture, 'The Walking Dead,' DISNEY'S BY-PEODUCT COEP, Sacramento, Oct. 4, Consolidated Corp., a new com- pany to handle Walt Disney's varied activities, filed papers with the sec- retary of state. Grouped in the new outfit are Walt Disney Entcrpi*ises, Walt Disney Productions, Inc., and Liled Realty & Investment, Inc. Capital stock is 200,000 shares, par value, $10. Directors are Walter E, Disney, Roy O. Disney, Gunther R, Lessing, George E. Morris and Ed- ward M, Francis,