Variety (Feb 1939)

VARIETY ncnuiES Wednesdftj, February 1, 1939 loew s Readjusting Admissions To Encourage the Downtown B.O.; Nabes Quick Gearance a Factor Baltimore, Jan. 31. First slash in downtown admission prices .in. years takes effect here Thursday (2) when I^bew's Century will discontinue its stage shows and cut its scale to 25c. arid 40c. after 6 pjn. for the entire house. Chil- dren's prices remain at 15c. Previous scale called tor 35c., 4pc. and 55c. Of other deluxers, Keith's will follow suit, with the New and Stanley im- decided, and the _combo Hipp deter- mined to stick to its present setup at 66c. top. .Discontinued stagie shows at the Century were the latest of several ex- jperiments in this direction. Origi- nally essaying a combo policy utiliz- ing topflight flesh, house went into straight picture policy after disa- 'gveement with local musical union anent scale. Maintained admission prices- for straight pix and recently instituted' new policy' of half-hour staje flashes employing^O-piece orch, set in at Special scale approved hy union in effort to mdke work for tootOTs. Latter no hype to h.o., how- ever. 'Annoimcement of lowered scale t>cought with it a statement that f olr lowing a survey made by Iioew's-in, other key cities, deluxers* inrices had to be" brought closer to current nabe scales in order to bring hack ^lown- town the large numbers of stub hold- ers shopping strictly lor price. Local subsequent runs maintain scale of iSc. to 35c. at present, and they have e^fpressejj themselves as determined taitick to. it in spite of current move. Feeling .^ong other first-run eidiibs is 'ihat .best means of combating nabe <■ iriroaids into their biz js not by price- cutting but rather by a stricter main- tenance of present '21-day interlude between deluxe-and nabe showings.. Certain situations, not only Loew's, but other houses,.have been known to waive protection and clearance al- iriost enf ieely so that the second runs, at considerably lesser scale, get-pic- tures, direct from their downtown (or loop) .pre-releases. This has creiated a Jet's-wait-'til-it- comes-around .attitude in the nabes, e^ciaOly with film? clearing their first runs s,o fast. Small reduction in prices at scat- tered neighborhood theatres of Loew's circuit is expected to be fol- lowed by a few readjustments in one or two BKO circuit theatres, but this., tegatded in the trade as entirely a minor New York City reallocation. No general revision of the scale downward in Manhattan or else- where in the east is anticipated. Clianges mide by Loew's, an- nounced Jan. 27, to become effective Feb. 4, lowered prices'5c to 10c for weekends, and generally for early- bird :^ows, at the 175th St., the Rio. Sheridan, Alpine, Orental, 46th St, Coney Island, Boro Park and Kings thejitres. Biggest changes were for last six named, when early-bird mat- inees trimmed in price for Sundays and holidays (up to 2 p. m.). Understood that it's the desire of circuit operators to bring starting prices more in line with Times Square competition and also to meet certain independent Competition on early shows. One operator said that some theatres in his major .circuit actually had been starting the daiy with prices higher than those charged by the Roxy and othef mid- town cinemas at eiarly-bird matinees. .Expetienoe of major circuits with early-bird prices has been that, al- though indies wanted them wiped out, when- they were removed so as to conform with the scale for the full afternoon the majors found that there always was one independent who failed to eliminate his cut-rate eariy scale. Saenger's 75 Houses' Hiars. B«0. ior Re%«es All Saengei- Theatres in Missis- sippi, Louisiana and Alabama set aside the full day's receipts Thurs- day (26) for benefit of the German refugees; The -circuit numbers around . 75 theattes. Final tally not computed as yet. • Recently the Interstate circuit, Operating in Texas and Oklahoma, iuraed over a day's grosses, tb the eauae cause. Yachtm Four Again Hollywood, Jan. 31. Yacht Club Boys, recently reduced to three by the departure of Jiminy Kern, are four agaih with the addi- tion of Jimmy Craig. Qther mem- bers are Billy Mann, Charlie Adler and George Kelly. Kern is now a Paramount writer. MCA has booked the quartet for tour of Interstate Theatre circuit, starting Feb. 25. Wasd 'Gorila' lam wiA Wk, Balbdat'fi'Pic Hollywood, Jan. 31. The Ritz Bros, were suspended and theii* pay stopped on Monday (30) for refusing, to iicciept roles in •The Gorilla' at 20th-Fox. It's indi- cated that legal action >vill be taken by the 'studio and that the Ritzes will be held accountable for all losses due to their walkout. Screen version of the stage chill- er was written expressly for the Ritzes and may have to be shelved after prepai^tioins cost, around $175,- 000. Understood an ^ecutive order was issued at the. studio to buy no more material ior the Ritz fireres. 'Gorilla' is a B-budgeter, and the comedy trio is known to have balked at being taken off the A production Toster. U.S. MAY REVIEW RD.m»| Washington, Jan. 31. Ruling on the legality of the North Dakota film divorcement }aW appears probable following conditional grant- ing of Paramount's petition for re- view of the lower tribunal decision holding the legislature has the rii^t to prohibit producer ownership of theatres. In two appeals presented by Par and a pair of subsidiaries, the U. S. Supreme Court Monday (30) noted 'probable jurisdiction.' Up to the attorneys to convince the jurists ,that there is reason for Federal action.- Failure to develop an appealable interest may cause the matter to be tossed out. Sleuthing M-G Again Los Angeles, Jan. 31. Uncle Sam's investigators, seeking anti-trust violations in motion pic- ture distribution, moved temporar- ily into the Metro exchange after eyeing the Fox-West Coast books. Metro-is the spot where the G-men teed off in their investigation nearly a year ago. WB TO FIGHT BACK Reported iTired of Indie Pliilly Exhibs' Sniping Philadelphia, Jan. 31. Plan sprung last week by Dave Shapiro, operator of the Admiral Theatre, to force better runs for his house by reducing admissions and then getting an injunction when re- fused film, came to a ^dden end yesterday. He announced the sale of the house to Fred Gladdeck, son- in-law of Bob Lynch, manager of the Metro exchange here. Other exhibs who were pondering suits ag£tinst Warner Bros, to obtain better runs were doing considerably more pondering alter it was learned that the citcuit had decided to stiffen its attitude and fight back, since the influx of lawsuits would make it un- profitable to do otherwise. By 9ILL HAlUGAN Oh, those good pie pre-1929, prohi- bition days when jtou had to go abroad to reaJy enjoy a vin com- pris dinner. We were going along fine. Sleeping imtil noon, lunching with prime ministers of Europe qnd dining with the world's great writers and- dramatists. Sxipper with the town's most attractive belles and bed at dawn without a care in the world. Ihen one day I walked over to the American consul's office and there was a letter from Eddie Bran- nick with a pass for the Polo Grounds enclosed. I left Budapest that night. We had visited Charles Cochrane in London,' seen Pauline Lord and George Marion in 'Anna Christie.' (I remember we took the three Brox Sisters). We sat in a box. Then one night Bthelind Terry and I went dancing at the. Grafton Galleries and we had seen the Prince of Wales. Make no mistake, the Piince had seen Ethel, too. Doubt if there was ever a more beautiful brunet. We had lunch at the Savage Club with Hannen- Swaffer -and one night we dined with George Kaufman and Paiil Whiteman at Simpson's on the Strand. Hu^ Ford was along, too. He had just staged 'Meiton of the Movies,' but the British couldn't ifiake head or tail of the Kaufman satire on Hollywood. It was a dis- mal flop and -we yfese sorry. We left New York with more bag- 'gage than Adolphe Menjou. As a matter -of record, the stuff in the tnmks were the costumes of 'Ro- mance.' Doris Keane had asked S. Jay Kaufman to lug the stuff over as she was £oing to do 'Romance' in London and wanted the costumes copied in Paris. When Doris got to Paris a few weeks later she had. an attack of something or other ■ and sent to America for a doctor. The medico took 10 days to make the trip and after taking one look at Doris ordered an -operation the fol- lowing morning at the American Hospital in Neuilly. Doris, grabbed a boat for London that night. We shoved off the next day for Vienna on the Orient Express and the fol- lowing night we were dining with Dr. Arthur Schnitzler in his garden in tiie Austrian capital. Schnitzler told us he got ;$400 for. the ^Affairs of Anatole' from a Hollywood pro- ducer and he was wary about letting any of his other works be filmed. Vienna was still suffering from the after-effects of the war so we pushed on to Budapest We were just in time for. the opening of Franz Le- hax's operetta, 'Ihe YelloMi; Jacket* (flbt td be. confused vith the Ben- svcao production)'. After the show Lehar played for us 4n a little back room of the Press Club over a seidel of beer and a glass of tok^y. He told me he would come to America if he was -assured that he would have an orchestra of 60 pieces; I thought it would be a great attrac- tion to have Lehar in the pit con- ducting the 'Merry Widow' and other Viennese operetta scores. He has never been to America. Like a lot of other dreams, it never came to pass, tie was always talking about Willy Pogany. The kronen was 1,000 to the dollar and we were having a hard time trying to spend over $5 a day, although we amazed Molnar with the size of the tips we bestowed on the Gypsy orchestra at the Jardin de Paris and the boys who played at Jarbeau's in the Park late after- noons. we lived at the Gtellert hotel on the not too blue Danube and tl>e Prime Minister's dar, with two men on the box, was always waiting to take-US seme place, so'we didn't miss a thing. S. Jay Kaufman had col- lected $3,000 in America for the re- lief of the Budapest Press Club and they were so grateful—and their hospitality is so wonderful anyway— that iat times it was embarrassing. Dead Enders Chase M^ont fr«n %tdien' • Hollywood, Jan. 31. Trouble with the Dead End Kids on the set at Warners caused E. A. DuPont to be removed from his directorial job on 'Hell's Kitchen.' He was replaced by Lewis Seller, who directed the Dead Enders in 'Crime School.' Official explanation was that Du- Pont had been taken ilL He had been on the picture two weeks. DuPont checked off the lot Mon- day. WB studio announced he had finished out his term stipulated In his contract Court TrouUes Multiply for J. P. Nek; Ouster and Injunction Suit Aim at Caff. Nans Sacramento, Jan, 31. Aiming at Nazi -anti-Jewish propa- ganda in California, Assemblyman Jack -Tenney, Los Angeles^ intro- duced a meas'ure in the legislature preventing'the publication or broad- cast, of any information tending to incite 'religious, color or race hatred.' Exempting the publication of news as such and fixing an 'intent' clause to protect, regular newspapers in the publication of. news, Tenney aimed the bill at a pro-Nazi group which he said is becoming increasingly more active in California. inoritv Loew Stocldiolder h ye First atten^it at an appeal from the recent decision by N. Y. Supreme Court Justice Louis A. Valehte in the stockholders' suit against Loew's, Inc., occurred yesterday (Tuesday). -Attorneys for Max Pakula, of Brook- lyn, holder of 20 shares of preferred stock, asked leave to intervene in the case in'order to enter a . subsequent appeal from the judgment Justice Ferdinand Pecora reserved decision on the request. The petitioner was not 'one- of the original plaintiff stockholders. Plaintiff in the present action con- tends that the $500,000 in bonuses which Judge Valente ruled should be returned to .the corporation by the five leading -executives of Loew's is much too small and should be jacked up to a much greater amount, al- though he does not specify what the amount should be. Emil K Ellis, who handled the plaintiffs' case at the trial of the action, has not indi- cated an appeal would be taken from the decision. In fact the latter has indicated his clients are satisfied 'with Justice Valente's decision so far as the return of the bonuses and the amoimt is concerned. Ellis Fees Emil K.. Ellis and counsel asso- ciated with him in suit of 12 stock- holders of Loew's, Inc., will file their applications for fees and allowances with Judge Valente some time this week. No specific amounts will be asked, counsel to leave this up to the court based on findings of fact and law. The five defendants, .Nicholas M. Sqhenck, Louis B.. Mayer, J. Robert Rubin, David Bernstein and estate of Irving Thalberg have not yet de- cided whether to comply with Jus- tice Valente's xlecision ordering re- bates of over $500,000 to Loew's, Inc., or to appeal the decision. Counsel for Loew's, Inc., in the suit Joseph M. Proskauer, is studying the de- cision and action of the five execu- tives wUl depend on his advice. Studio Contracts Hollywood, Jan. 31. RKO renewed Leigh Jason's director ticket. Edward Norrls inked player pact at 20th-Fox. 20th-F6x picked up Joan Valerie's player option. William B. Davidson signed two- picture deal at Warners. Mary Maguire's player ticket re- newed by 20th-Fox. 20th-Fox picked up Esther Brode- let's player option. Dorothy Dearing's player option hoisted by 20th-Fox. Paramount lifted Janet Waldo's player ticket. John Liters option taken up by Warners. 20th-Fox extended Amanda Duff's player pact one year. Joe C. Gilpin was signed as a pro- duction executive by Columbia. Universal took up Nan Grey's op- tion. Universal signed Irene Hervey to make two pictures annually for a term up to five years. St. Louis, Jan. 31. Court troubles are multiplying fo, John P. Nick, v.p. of the ITASE and head of MPO Local No. 143, indicted jointly with Edward M. Brady, State Legislator, on an extortion charge several weeks ago, and a new action filed in the loqal Circuit Court re- quires Nick, Clyde A. Weston, busi- ness agent of the local, and Georg* E. Browne, prez of the lATSE, to ap. pear in court on Feb. 9 td defend several charges. Nineteen members of the local, joint plaintiffs in the suit, ask that Nick, Weston and Browne be removed from control authority, supervision and operation of Local No. 143; an order for an election of officers under supervision of the Court, with voting restricted to those found by tijie Court to be bona fide members;. appointment of a receiver to take charge of the lo- cal union's affairs and assets, to re- ceive any funds due, and to recover from the defendants any funds found to have been appropriated by them and converted to their own use. The petition alleges that acts of the defendants have brought the -union into public disrepute and put the plaintiffs in constant fear of their lives. The petition further alleges the defendants have converted to their own use assets of about $45,000 belonging to the Projectionists' Edu- cational Society, a benevolent cor- poration ' affiliated with the union. Members of the union also belongs to the society and the plaintiffs claim a property right in the so- ciety's assets. . It is averred in the petition that the defendants control large excess in .union dues, assess- ments and initiation and permit fees, without bond. It .is currently re- ported that an annual collection ot approximately $59,000 is made from dues and assessments. A further charge made -in the pe< tition is that the defendants intimi- dated the plaintiffs and other mem- bers of the local by threats of bodily injury and threats of depriving them of their livelihood through tearing up their J union cards^ Additionally the petition alleges that on numerous occasions! when the plaintiffs and others v attempted to assert their rights tiiey were removed from the- atre jolis by the defendants 'who brought into this -jurisdiction azkl made members undesirable indi- viduals possessing police records, v^o have so conducted themselves as to require police intervention.' Asserting, in the petition, that they were forced to acquiesce in acis of the defendants, the plaintiffs declare they did not really acquiesce but by reason of fear failed to act in de- fense of their rights. Nick and Wes- ton, according to the petition, have refused to permit an audit of the accdtmts, although the defendants had absolute charge of the books, property and business affairs. Nick and Weston are charged in the pe- tion, with having been guilty of such acts of misconduct as to bring these plaintiffs and Local No. 143 and labor organizations in general into public disrepute and disfavor. The suit was filled by William Robinson, L. C. Chambers, J. G. Westermayer, E. Schober, Ben Hess, C. A. Reinhart J. C. Chambers, W. J. Weaver, Osborne Reed Myers, Charles W. Miebe, Charles B. John- son, Harry G. Witte, Edward* Sieg- fried, T. O. Savage, H. A. Deweetz, Al Gasser, Al Friedland, Robert Thomsen and George Pallme, on Friday (27), and within a few. hours Circuit Judge Ernest F. Oaklet is- sued the order requiring the pres- ence of Nick, Weston and Browne in court. Nick, suffering from arthritis that has settled in both knees, is at lib" erty on a $25,000 bond, on the ex- tortion charge, and has been con- fined to his hoihe for more than • monUi. Whether he will be able tp appear in court as skedded is prob- lematical. Palestine Pic Plan Oklahoma City, Jan. 31. A film based on the present civij strife in Palestine is to be produced this summer if plans of George I** han, owner of the Bayz theatre, Blackwell, materialize. Lahan other big business interests in tbe southwest He has announced that he has tW completed story ready, has secuie» backing of $150,000 for the film, an° ■ will leave for Hollywood in Mate" to discuss production and distribu- j tion for the film.