Variety (Nov 1938)

VAjmnr picvintfis Wednesdaji November 16, I939 Film Cos. iiid IL S: Must FOe More Briefs Today (Wed.) in Suit; Fix Dimiands Parti(»dars The Government and the eight major picture eorporations and their affUlates. besides two banks, are due to file additional briefs today (Wednesday) with N. Y. Federal Judge William Bondy in'connection with the request for . bills of particu- lars sought by the corporations in the anti-trust suits filed against them. Last Thursday <10) Judge Bondy indicated he was inclined to gcaai the requests. Should this oc- cur it would mean trial Of the action would be delayed <for almost a year from the. filing of the cbmpl^ts. If the specified violations are named the def^dants will make formal mo- tions tor dismissal of the charges on insufficient grounds. The defendants named in the "ac- tions and who were represented at Thursday's hearings by a large, staff of attorneys were: United Artists, Cjolumbla Pictures and affiliates; Paramount Productions,. Inc., and subsids; 20th Century-Pox, Inc.; Na- tional Theatres Corp., Loew's, inc.; Keith - Albee - Qrpheum, Universal, Irving TVust Co. and Chase National Bank. CqI. William J. Donovan, speaking on behalf of. all the defendants ex- cept Cot and UA, told the court th£C the bill should be granted in order th£it the- defendants be pre- pared to put in a proper defense of e£Ch allied .violation of the law. /.ssistant U. S. Attorney Williams opposed the motion on the groimds th^L it would result in. long ^and iin- necessa)ry delay. •What's the rush,' Judge Bondy Ironically remarked. 'The Govern- ment has been preparing this ease fcir the ^ast five years and additional time will not do much hann.' Louis Frohlicb, for Columbia, con- tended there was jiotbing in the complaint to hold CoL to trial and that, should the bill be granted he would ask ior immediate dismissal of the- action so far as Columbia was concerned:, 'The motion picture Industry js on trial for its life and thfe is no time for quibbling,^ he said. Williams .hisisted that, the defep- daijts' , request {or particulars was an effort to limit the iGovemment's Issues before trij^t Judge Bondy then indicate^ he might grant the motions by saying: 'In my opinion it is necessary to particularize the issues and -1 be- lieve the Supreme Court upholds me on this point If- the government has the f^cts, and I. assume it has or you would not bring these actions, then present them so that the de- fendantSvtwiU have an bpporfuniiy to <Jefend;theiiB.''. Aiioi^neys Areinnients Williams insisted that most of the facts gathered by the "govetnment wer6 taken from the defendants' books and that ttiey know more about the particulars- because of this than the goveniment Donovan pointed out that during the past five years there have been trery many . actions large and small in which the 4e|$ndants have been involved and if the companies •re required to prepare for trial they will never be p'repiared unless in- formed of specific chargesi Williams Insisted that" to grant .a bill at present , would mean that he would be prevented, from including other cases which may arise when the case comes to tri^t Judge Bondy Bsspred him that'if such occasion arose he would allb-ftr the govern- ment 20 days after the trial started to file additional complaints. Williams also held that United Artists was particularly not entitled to consideratioii, as It liad failed to co-operate with the government in its investigation. Judge Bondy finally wound up the hearing by reserving decision and allowing both sides." to submit addi- tional briefs on their contentions. Should the bill he granted it would mean from four to six weeks for the government to prepare them and at least an iadditional two months for the defendants to file answers. BONOBING TSMmKS John Herrman, a cameraman on th' Jast Byrd expedition, \yill, be given a Con*" al mecjal 'this tvesk at ColuKibus, O. He.rrjrnan presently represents jparajnount newsreel at Cleveland. Glamour Driving Millions From Bj)^ Sez BirdweH San Diego, Nov. 15, Too much emphasis on glamoUr and too little on plain human, quali- ties— that's what's the matter with Hollywood, take it from Russell Birdwell, in a speech to the San Diego Advertising Club. Pictures are losing millions an- nually at the box office, David O. Selznick's chief praiser declared, be- cause the public is tired of looking at glamorized faces and hearing about yachts, race horses and steams heated -swimming pools. Cartpomst Killed In Coast Crash; Tornado Fatal to L. E. Royster Hollywood, Nov, 15. Collision between two autos last Friday night .(U) brought death to P. E. Spencer, chief animator for Walt Disney, and injuries to Louis Ostrow, associate producer at Metro, and James Gaither, MG sound tech- nician. Spencer, 34, was-credited with cre- ating the character of 'Dopey' in 'Snow White, and the Seven Dwarfs.' He leaves his widow. The others will recover. L. E. Eoystcr Killed L. £. Royster, with Columbia Pic- tures in Kansais City, and a brother of Harry L. Royster, Paramount home office theatre executive, was killed- late Friday afternooii (11) when a tornado near Dodge City, Kan., blew his car off the road. He was 43^ and bad been with Co- lumbia's K. C. exchange as film salesman for five years, previoudy having been in ssdes for Fox in that territory. Royster was calling on exhibitor accounts when caught In the cyclone. Harry Royster, accom" panied by Mrs. Royster, left for K. C. Saturday (12)^ services held there Sunday, burial in Boliver, Tenn., the following day. Fatal MUsourl Accident St Louis, Nov. 15. Joe D. Orenbaum, 35, manager of the Roxy, Crystal City. Mo., near here, was fatally injured in an au- tomobile accident near Durant, Okla,, Wednesday (9). Orenbaum failed - to -negotiate a curve-on U. S. Highway No. 70 and his car ran off the toad and down a gully, overturning twice. His neck was broken. SAILINGS Nov. 19 (New York to London),. Arthur Levey (Queen Mary). Nov. 19 (London to New York), Greta Keller Europa), Nov. 18 (London tp South Africa), Lassiter Bros., Lucan and McShane, Elsie Prince (Stirling Castle). Nov. 12 (New York to London), WiUiam J. Cell,,David W. Hurburd, Jr., Gilbert Miller, Albert Prejean, Andre Daven, S. W. Smith, George Alfred and George Blac, Jr. (Nor- mandie). Nov., 12 (London .Ip Kew York), Eugene GooSsens, Glen Bryan Shaw, George Sanders (Queen Mary). Nov, 11 (Los Angeles to Hono- lulu), Adolph Ramish, Louis Rosen (Lurline). F. J. HARRIS'POimCO ORBIT ON RISE AfiAM Pittsburgh* Nov. 16. Sweeping GOP victory at polls in Pennsylvania last week meikes ex* State Senator Frank J. Harris, head of theatre chain bearing his name, a fcmgpin again In Penn poUttcs. Harris since losing senatorial post in lattt pemocratic landslide has-been Republican chairman in Allegheny county and credited by many with cutting, down recent Pemocratic ma-> jorlty in and around Pittsburgh. In primaries, he ran for lieutenant- governor with Gifford Pincbot, who lost to Governor-ielect Arthur James, but after his defeat quickly swung into hne again and did yeoman work for James. Understood Harris is a cinch for the state Senate again at next elec- tion if he wants It, but there will probably be bigger things in store for him now that'GOP's In the saddle once more. Although head of amuse- ment company, Harris is not Its ac- tive prejcy, his nephew, John H. Harris, looking after that end. J. fitorold Murray Loses Hartford; Nov. 15. J. Harold Murray, former musical comedy star and film player, was de- feated in his race for St{ite Senator from the 34th district at. the elections held Tuesday (8). Running on the Democratic ticket, Murray polled 4,291 votes as compared to 6,703 for the Republican incumbent Arrigoni. Miurray is president of the New England Brewery Co. here. 2 Lose in upstate NX Troy, N. Y., Nov. 15, Harry M. Brooks, president of the Troy Motion Picture Operators' Union for the past 25 years, legisla- tive representative of the state or- ganization and Its former head, was Overwhelmingly defeated by Repre- sentative E. Harold Cluett, Republi- can, of Troy, in the 29th Congres- sional District. Running on tiie Democratic-American Labor Party tickets in a district always heavily Republican, Brooks lost by 3'4,748 votes. Julius Rothstein, general manager of th6 building which is the site of the Avon. Warner Bros.-leased pic- ture theatre in Utica, bowed to State Comptroller Morris S. Tremaine, Democrat, by 435,000 ballots. It was Rothstein's first public venture Into politics. Rrooks, on the other hand, sierved as a Republican asaemblytmgi in 1926. N. Y. to L, A, Monty Banks. ■ Ralph Bettison. Earl C^rroll.v Red Cavanaugh. Berton Churchi Lud Gluskin. Mack Gordon. Marcel Hellman. Mr. and Mrs. Al Jolson. Talbot Jennings. Sam Kurtzman. Dorothy Lamour. Joe tiaurie. Ann and Ben Litt. Mr, and .Mrsi Frank Lloyd. Bob Marco. Montague Marks. Eddie Meade, Gail Patrick, Harry Revel. Casey Robinson. Tiny Ruffner. Lou Smith. James Stroock. Mabel Todd. Arthur Ungar. Hal B. Wallis,- Joseph K. Watson. Scha«fer's Coast Hop George J. Schaefer, president of main RKO subsidiaries, but not of parent company pending final ap- proval of reorganization pl&n, may go to the Coast to visit the RKO studio after Thanksgiving, which he will spend here. Other News of Interest to Fhis Australia's new restrictions , , Page 13 Fascist influence' In South America , Page 13 U. S, out of. Italy ' , .Page 13 Texaco staying in Hollywood. Page 25 Radio reviews; Robert Morley, Lew Ayres-Maureen O'Sulli- van, Parkyakarkus Page 28 Franchot Tone's radio playlets page 29 Wrigley OK's l^askyalr show ; ; Page 30 W. C. Fields off the ail' , ..Page 32 John Boles opens I'itt stage policy page 43 Fims' 5 Major Menaces Industry expects the year 1038 to go down In the file* as be»}ng one overflowing with mienaees to its welfare, but little actual damage jlnfllcted* Although the actual llfteblood of the busings has been placed In jeopardy by some of the threats, actually noting has hap- pened to date. The resume of menaces include five basic ones: (1) Neely anti-block booking measure. Passed in U. S. Senate but never brought to vote in the House.. (2) Theatre divorcentfent legislation and threat of regulation by Federal Government to that end. North Dakota law now up to Supreme Court on appeal, with divorcement named as one of needs in Federal anti-trust- suit. (3) 'Antl-^trust tiXvil suit against, major companies and countless subsidiaries and affiliates. Probably take at least four years to decide. (4) Labor situation on the Coast. Numerous threats of strikes but none actually occurring; no Interruption to production. (5) Ohio play date law. Passed but tossed into ashcan when courts ruled on it. Other less vital subjects to come up include the flUng of an appeal to the Supreme Court on the Hoblitzelle case (Texas) and the two actons -in Chicago. Montague Marks and Fairbanks, Sr., In Anglo-H'wood Production Unit R. G. Fear Places Loss Id DIG Suit at $2,000,000 Los Angeles, Nov. 15. Ralph Gordon Fear, owner of a film processing machine, filed suit against M<etro-(3oldwyn-Mayer to de- termine the amount of damages due from the studio for breach of con- tract over the use of his apparatus. He claims his losses exceed $2,000,000 and demands an accounting. Federal Judge George Cosgrove rendered judgment in- favor of Fear last April 18, holding that Metro had processed films -from other studios, b"eaking the contract to use the ma- chine only for its own work. Cavalcade of Fihns For New Yoili's 1939 W«rid Fair All Set Hays office staff has completed looking at the industry's historical pictures, about 200, in- picking mate- rial for the 'Cavalcade of America' feature being prepared by the film business for the New York World's Fair. This is the industry's gift to the exposition. It will be shown in the auditorium of the Federal Bldg. at the fair. All selected material, chosen in New ,York, will, be shipped to the Coast, where a committee of direc- tors and Cecil B. DeMille will make final selection of what shall go into the compilation. This group also will decide what additional scenes must be shot, ho-jsLa. moving super-' imposed cavalcade sequence will be incorporated into the picture and frame the narration. Estimated that the production would cost in excess of $1,000,000 If made as .a new production by any one company. By making use of available historical footage from ma- jor companies and producers outside the Hays group, the actual cost will be kept down to a fraction of this figure. Because it will be impossible to employ screen credits giving every producer represented in the feature full acknowledgement, a special booklet or souvenir program may be turned out for distribution at the fair's exhibition hall. Now that the picture is nearing completion, the industry is wonder- ing who is going to distribute the production after it completes the en- gagement at .the New York exposi- tion. It is expected that those at- tending the fair and seeing this in- dustry historical special will enthuse so much it may whet the appetites of thousands of others. With exten- sive word-of-mouth thus developed, the industry doubtlessly will not shove the picture back into the vaults after the fair is over. Com- pleted feature probably will include shots from product of 50 or more companies. Lavenstein Back East Hollywood, Nov. 15. E. H. Lavenstein, Republic pur- chasing agent, is returning to New York. Bunny Brown moves in. Arrival of Montague Marks, British financier, from London last week, re- vealed the formation of two new producing organizations by Marks and Douglas Fairbanks, Sr., called Albion Films, Ltd., and Douglas Fairbanks Productions, Ltd. They will make a minimum of three pictures in Hollywood and London on an estimated total budget of $2,- 500,000; release via United Artists. First pictiure will be produced at either Denham or Plnewood studio, the other two in Hollywood. Seven stories or plays have so far been purchased by the Marks-Fairbanks group. Which will be the first has not been decided. Announced some weeks ago by Fairbanks was a film on TiOla Montez.' Dennis F. O'Brien, attorney for Fairbanks In N(BW York, believes the deal has not been legally signatured to date, having originated In London by Fairbanks with preliminary nego- tiations handled by his London bar-" rister, Philip Guedalla. Effect of the application of U. S. laws on the contracts being worked out Is being studied and it may take some time for aU points. Involving as they do American, British and Continental financing, to be satisfactorily con- cluded. Marks is on the Coast conferring with Fairbanks, both leaving there for New York today or tomorrow (Thursday), planning to sail for Lon- don Nov. 20 to put the first picture in production there around Jan. 1. L. A, to N. Y. Russell Bennett. Sam Berkowitz. Frederick H. Brehnan. Elaine Sterne Carrington. Eddie Davis. Arthur Dreifuss. Douglas Fairbanks Leo Fischer. Lucien Henri. Louis Hyman. Charles Kaufman. Madge Kelly. Nancy Kelly. William C. Kent, Andre Kostelanet^ Marc Lachmann. E. H. Lavenstein. Irene Lee. Erich Leinsdort Ilona- Massey. Dudley Nichols. Frank Orsatti. Gabriel Pascal, Vincent Price. Max Reinhardt, Randolph Scott. Salka VIertal. Franklyn Warner. Louis Weltzenkorn. Herman Wobber. Yolanda. ARRIVALS Leslie Howard, Noel Coward, Phil Reisman, Monty Banks, Orlando Barerra, Walter Gould, Mr. and Mrs. Frank Lloyd, Eva Turner, Hans Hermann Nissen, Matthew Hohner, Stephen Mitchell, Clement Butson, W. J. O'Bryen, Theatre des Quatre Saisons, Andre Barsacq, Jack Rob- bins, Jimmy MqHu^h, Ann and Ben Litt, Gracie Fields.