Variety (Oct 1938)

VARIETY PICTUBIHI Wednesday, October 26, 1938 NEELY Bill, OR SOME OTHE ANH-BLOCK LAW, HELD CERTAIN OF PASSAGE IN '39 Trade Leaders Envision Its Coming Up This Winter, and Becoming Enacted—Foresee Tempering the Synopsis Aspects—^AU This, Regardless of Self- Regulation Moves t The Neely bill or some similar na- tional legislation against block book- ing is certain to come up in the next session of Congress, opening Jan. 1 next year. There is a reason- able ceriainty of its passage, in the opinion of trade leaders who recently completed a survey of sentiment throughout the nation. There are some industry leaders who envision much pressure being exeiied to get the Neely measure, or its counterpart, through the next Congressional session, no matter vrhat is done in present trade prac- tice conferences. Only a bangxip han- dling of trade practice problems be- fore next year will prevent a com- plete overhauling of the present blook-booking system. And even this is dependent, to large degree, on the reaction Of exhibitors to fee conces- sions made by distributors in these industry parleys. Present concensus of sentiment is that if the trade practice parleys had been successfully completed a year iigo, there would not be the present rising clamor for anti-block booking reform via a national statute. Gen- eral belief in the trade is that if two or more major companies fail to agree to major points, acquiesced to by others, it might well result in in- dependent exhibitors insisting that the present trade practice confer- ences Sivere a failure. Of course, a system of booking which would eliminate selling of pictures in, groups as at present might stay Neely anti-block booking lelgislatlon. It is barely conceivable thovigh a few hold out hope for it One thing that the Neely measure or similar statutes will do, if nothing else, will be to force each picture 40 '-be-sold individually. The prob- lem of synopsis probably will .be changed; or tempered, or handled by ■Ik brief general description of each production. At least,, that is the latest -word; on the subject. Anti-block booking law - possibly jttigbt -direct attention to each in' t dividual feature, presenting a tough I task for distributors in obtaining sell- } ktg.angles on minor Alms or ^-called .♦B' product It might resuMrin-fewer films being produced because, more attention would be focused on lesser driaw pictures, and they would be tougher to dispose of to exhibitors. Whether new anti-block booking regulations will halt the widespread booking of entire season's, product into -a vast, majority of big de luxe theatres will depend largely on how the actual. wording of the statute emerges from congressional haUs. If there is an abrupt departure from ina^<; selling and it becomes neces- sary I.- distributors to actually 'sell' each teature to an exhib and keep him 'sold' on his picture merchan- >dise, many in the industry predict .a rise in the cost of product by means of upping film rentals. Others, however, forecast that it merely will mesa), a realignment of sales approach and carry-through methods by distribution -companies. -So much stress -viMl be placed on the value of each film that the distrib- utor is likely to emphasize this all down the • line for • the exhibitor's l^ene&t There will be. more baDy- hooing of ea^ch film for the exhib- itor's benefit and more letting the theatre go out .and sell the picture to the public. This might possibly mean a ireturn to old showmanship methods, by many theatre operators. U. S. Ultimatum (Continued from page 1) grown so much more complicated than they were in 1933-35 that the NRA technic would prove of scant value in remedying what the reform- ers think are vicious situations re- quiring direct action. Surgery is re- garded as the only solution, with the Justice lawyers wielding the scalpel. C — ce s siena The t^ms on which Arnold wants to make a trade still have not been disclosed, due to the sh-sh position of Col. William H. Donovan, chief of the industry's legal battery. Unofficially hinted, however, he will make some concessions on the two major points —divorcement of theatres and aboli- tion of block boc^ng. Possible ground for a partial truce is the idea Pros and Cons As far as the principal major distribution companies have considered the Federal suit all now face the problem of com- ing to a definite decision on the- atre divorcement Before the commencement of the suit there was some indication that sev- eral were willing to accede to the Government's request. Others are as determined not to relinquish any dominance in exhibition, or jeopardize their investments therein, unless ab- sblutely forced .to do so. Canadian Censors Cancel 'Blockade' Mler 1st OKing It St John, N. B., Oct 2S. An about-face by the New Bruns- wick board of censors, has resulted in the picture 'Blockade' being .^|^»»«_ n/i a n o blockaded from some provincial the- ' fpijjm RvA JjKeC. ufiCS atreis and allowed in others. The .»« t n» i waiter Wanger-United Artists film UDtaini Of nCtOreS m had been approved for screening by I ~ Film Cos. Not Hasty 'Well, it took the Federal forces two years to prepare their anti-trust action against the Industry, so it is not sur- prising that the film companies do not want to rush into court wiiii a half-prepared defense.* That y/BB the opinion of one picture company leg^lite, ex- pressed unofficially this week when the question of when the film companies would have their answer ready was brought up. Although answer from the de- fendants is due Nov. I, it is likely that a postponement of 30 days or three months will be asked. the board and had been shown in a half dozen of the larger towns, in- cluding Moncton, second biggest city of the province, also Bathurst £d- munston, Sussex. Then, suddenly, the United Artist^* exchange in St. John, was officially notified by the board that the approval of 'Block- ade' had been withdrawn. The pic- ture had been ordered to the board's projection room in St John, for re- review, with negative results. Thus, the approval had been turned into rejection. It was a flat turndown, no allowance being made for cuts. Objection to 1i>e film showing had been submitted to the board of Cath- olic organizations, on the ground it is Communist propaganda To offset thus, the UA exchange manager, Charlie Chaplin, sponsored a private showing for local newspapermen. Their decision was that tiie film at- tacks war upon civilians, and wheth- er it is red propaganda should be left to the individual theatregoer to decide. An appeal was taken against the rejection by the censor board. Coun- ty Court Judge John A. Barry, Up- held the disapproval of the approval, after seeing the film at a special showing. He decided 'Blockade' could not be' shown, any further in New Brunswick province. He said he' did not base his verdict on religious grounds, announcing Tliis picture is not founded on fact according to the investigation of the British govern- ment. The picture, is, unquestion- ably for one side, but aside from that, the bloekading of civilian popu- lations in time of war, as shown in this picture, fs in an unfavorable light, whereas, in the event of war involving Great Britain, she would use her navy for the purpose of a blockade.' severed. When asked to explain the change That" the. InajbrsTeali of - the-censor of creating some types of a setup to take over management of producer- controlled theatres, with the govern- ment having a part in all activities. Federal people insist there must be an open market for independent stu- dios as well-as independent exhib- itors, and that this cannot be.achieved mitil the ties between the major pro- ducers and the exhibition end are Jones Settks % Snit Los Angeles, Oct. 25. Suit over commissions; filed against JBuck Jones by H; E, Edington*P, W. Vincent, Inc., was adjusted privately and dropped from the court calendar. A^ncy.had sued for $21,800 on a co^^tract scheduled to run until July 9, 1939. Pert Kelton's P. A.a Hollywood, Oct. 23. Pert Kelton goes east on a per- fonals tour. She opens In Philadelphia Nov. 11. little chance of winning tiie fight was seen in the fact that pick-and-shovel men largely comprised the latest con- tingent, to huddle with. Arnold and his D. J. associates. - Instead of -send- ing top executives, the home offices delegated lawyers,- some of whom have not been in the public eye, to continue the deliberations. Besides Col. Donovan, the crew comprised Austin C. Keough,. Paramoimt gen- eral counsel; Robert W. Perkins, gen- eral counsel for Loew's; WiUiam M. Mallard, general counsel for RKO; Bertram P. Shipnian of the firm of Mudge, Stern, WiUiams & Tuncker; and Ralph S. Harris and Richard P. Dwight of Dwight, Harris, Keogel & Caskey for 20th-Fox. AnnabeDa Shipped To London Dnit by ZOtlhFox Hollywood, Oct. 25. 20th-Fox is making no more Anna- bella pictures in America. Lack of roles to fit her accent, and cost of keeping her in Hollywood are the reasons for shifting the French ac- tress to the company's British outfit Under contract' to Robert Kane, 20th-Fox's British production head, Annabella will make two pictures a year in England. Talbot's Bad Burns Hollywood, Oct. 25. Lyle Talbot, film actor, was 'seri- ously burned when fire gutted his Beverly Hills home early this (Tues- day) morning. Franklin. Parker, house guest and Victor, was also bad- ly burned Both leaped 20 feet to the ground after being trapped by flames. Both are expected to recover. board, Frank C, Owens, chairman, said 'The Board of Censors makes no statements.' The appeal Judge's .^ie- cision was announced Oct. 22. New Brunswick Is the only province in the dominion which has blacklisted 'Blockade.' A singular development is that St John, largest community in the province, and where the film was originally approved, and then disapproved. Van Konkd Wins 13G Vorilict Over U in Court Los Angeles, Oct 25. Sam Van Ronkel, producer, won a $13,000 judgment against Universal Pictures Corp. in L. A. superior court Van Ronkel charged he was em- ployed to make 13 shorts at $1,000 each but deal was called off. Carl Laemmle testified in behalf of the plaintiff! Ffa-Maldiig in East Up fi^; Trade Wifl Watch aO. Reaction Boxoffice reception to the two currently-in-production pictures at Astoria—both for Paramount re- lease—will determine the future of important feature work iii the east. Current experiment with -Harold Orlob's 'One-Third of a Nation' (WPA play) and William K. How- ard's 'Home-Town,' both with Im- portant cast members and npt too stringent purse-strings, is predicated purely on the economic theory thai budgeted pictures with intelligent supervision from Manhattan have a good chance to compete with the Hollywood product. Howard's film is costlier, at around $300,000, and Orlob's picture may come In \mder its allotted $200,000 commitment. Latter has Sylvia Sidney starred and looks to be i-eady for Nov. 1 releasing. New Grand National setup is. also ogling the east for a produetion base, and Sam Coslow is currently in New York on a rather pretenti- ous musical idea. Tommy Dorsey's orchestra would background that. Industry at large is eyeing the Astoria experiment however for Its basic keynote. Now tlMy'T« Gotta Hnd AnoAer Son for Chan Hollywood, Oct. 28. With Charlie Chan's successor found, 20th-Fox Is on the trail of a replacement for Keye Luke as Chan's son. Luke left the Westwood lot after a salary disagreement. Sidney Toler is the new Chan. Fenton Upped Hollywood, Oct. 25. Leslie Fenton, former actor, has been made a feature director at Metro. He had been directing 'Crime Don't Pay' two-reelers. Brod Quits Goldwyn Hollywood, Oct. 25.. Sid Brod has quit as Sam Gold- wyn's production manager. He held the post for two years, moving over from Paramount. hmm and & Ahka Camden, N. J., Oct 25. Observations made during a 15- week tour of Europe and the Union of South Africa led Van Ness Philip, RCA Photophone export man- ager, to conclusions of unqualified optimism regarding the picture in- dustry abroad during the coming year. Back from a first-hand study of foreign markets, the RCA execu- tive believes the peaceful settlement of the recent European crisis is an yntold gain for films. 'I spent a number of weeks during June and July in England, France, Belgium and Italy visiting RCA Pho- tophone recording licensees, our equipment distributors and theatre exhibitors,' Philip stated. 'In each country I found the outlook very promising for the industry, with many theatres replacing obsolete equipment and some new houses be- ing built. There is hope that the more recent appeasement of the in- ternational crisis will permit this generally satisfactory development to continue.' Regarding the Union of South Africa, Philip said the market was showing unusual activity. 'Last year the Union of South Africa was ninth in RCA . Photophone's world mar- ket,' he said. 'In 1938 it jumped to fourth' place during the -first eight months with orders coming in that may push it even higher. Exhibitors there are very much alive to the necessity for replacing worn-out equipment* Ui.PR(ffilNGN.Y. MAM SETUP Department of Justice investigators were arouttd New York this week delving into data relative to reported instances during the past 10 years where independent theatre owners allegedly had to givie up business, either for reasons of being unable to buy product, or by threats of opposi- tion houses being built in their im- mediate localities. The sleuths are particularly inter- ested in histories of operators being forced out by alleged domination of the RKO and Loew chains, but are finding it extremely difficult to lay their hands on bona-flde evidence that will stand up. Their activity here would seem to Indicate the Government is not resting behind idle threats in its monopoly suit. According to legal heads of the major film companies, no formal answers to the Government suit have been filed as yet «nd there is strong possibility that additional postpone- ments beyond Nov. 1 will be asked. Utah Indie's Suit Price, Utah. Oct. 25. Suit for $10,000 has been filed in. district court ^lere by William and Elsie Haas Littlejohn, operators of the Bonnie theatre in Helper, Utah, against operators of the Strand to compel five major distributors to sell them part of their product. C. E. Huish and V. A. Gilhool, doing busi- ness as the C. E. Huish Enterprises, operators of 11 houses in Utah, are accused Of monopolistic buying prac- tices designed to 'drive the plaintiffs out of the theatre business.' Paramount, 20th-Fox, RKO, Uni- versal and Loew's, Inc., are named co-defendants. Two Off bans/ and An Orpban of Ae Falling European Fibn Market Hollywood, Oct. 25. Max Mack is here from London to lay plans for production of 'Two Orphans* in Hollywood. Managing -director and producer of Ocean Films, In London, Is making a bid for U. S. patronage with his product since the European market's declines He said he will inake several pic- tures here if 'Orphans* clicks. NICK HOOT GIBSON ON A BREACHED CONTRACT Atlanta, Oct. 25. John Law rode herd on Hoot Gib- son, screen actor, rodeo champ and circus performer, last week when Robbins Brothers Circus, with which film horse opera star is stellar after show attraction, filled two-day date here. Gibson's tilt with law came in form of $50,000 breach of contract suit filed in Fulton Superior court against performer by Macon Circus Equipment Co. and associated enter- prises. Papers were served on Gib- son on circus grounds by Deputy Sheriff Herb Edison. Petition charges Gibson entered into a contract Februaiy 10, 1937, to appear beginning April 8, 1937, for not more than 20 weeks at $750 per week, plus a share of all main and side show receipts; that Gibson left show about June '26, 1937, and that petitioners lost $4,800 in printing and advertising and had to refund about $3,000 to ticket purchasers. Re- mainder of amount asked in damages Was not itemized. Attached to petition was copy of an assignment of interest in the con- tract from Gibson to Western Pro- ductions, Ltd., of Los Angeles, Calif. Muni as Joe Pulitzer Hollywood, Oct. 25. Joseph Pulitzer, founder of the New York World, is the subject of a picture in preparation at Warners, with Paul Muni in the title role. History of Pulitzer newspaper ac- tivities is being written for the screen by Louis Weitzenkorn, at one time Simday editor of the World.