Variety (Mar 1939)

t Wednesday, March 1, 1959 PICTURES VARmJY s PIC CYCLE ON HORSEBACK Arbitration Deal Holds Up Agents' Licensing by GuOd; Await Assembly Action on Shifting Cornish Power Hollywood, Feb. 28. Franchisement of agenti by Screen Actors GuUd Is being held up until a deal can be set giving the SAG auttiority to arbitrate dis- put;es between actors and their rep- resentatives. ' While Artists Managers Guild has not agreed to the proposed clause limiting contracts to one year, the real hitch is on the State Labor Code which vests power of arbitra- tion in the State Labor Commission. The actors have drafted an Assem- bly amendment giving them the right to conciliate disputes, but the bill has not yet been called up for passage. In the meantime, Laurenc* W. Beilenson, SAG counsel, has been conferring with the State Labor Commissioner In an effort to get his approval. If this obstacle is re- moved, the SAG will then be In a position to push for Immediate ac- tion on- its licensing program. The actors are apt to insist on the 12 months' clause, although tops In the AMG have asked the maxi- nium be lifted to five years. When this was- turned down, agents started a move to compromise on tjro or three years. Smaller agents, however, favor SAG minimum, be- lieving they would have a better op- portunity of capturing some of the top talent after the plan becomes effective. Situation will be discussed this week at conferences between Sag tops. Guild board of directors, Kenneth Thomson, executive secre- tary, and leaders In AMG. ' Executive committee of Pro- ducers Association has turned over negotiations with the Screen Direc- tors Guild to a special sub-com- Toittee jcomposed of Y. Frank Free- man, chairman; Pandro Herman and E. J. Mannix. Committee Is now working out details of wage scales and working conditions for as- sistant directors and unit managers Counter-proposal wlU be submitted • to SDG negotiating committee this •week. Committee also will consider request of directors for more time to prepare script and cut pictures. ' New Writer Complaint National Labor Relations Board has issued a new complaint charging major film companies with unfair la- bor practice in negotiations with the Screen Writers Guild. Producers have been given until March 1 to file answers, and hearing has been set for March 6. Original complaint was withdrawn to correct defects In service secured on studio executives. Bernard L. Alpert, special NLBB attorney han- dling cases, said he would stipulate with producers' attorneys that an- swers filed in original case could stand in present action. 'Following temporary bog-down In negotiations with producers. Society of Motion Picture Film Editors has applied for American Federation of Labor charter. Society has a paid-up membership of more than 900. being largest remaining independent craft in film Industry. 'Decision to seek AFL charter was reached when producers nixed re- quest of Editors for 44-hour week, with time and half lor overthne. Companies had offered to ameind present contract to call for straight time after 64 hours. 'Jeff Kibfe "ias ffled a pelitTon w NLRB demanding return of $3,- 000,000 to members of International Alliance of Theatrical Stage Em- ployees before he will withdraw his action asking for an investigation of the lATSE. He claims money was collected Illegally by agents of the lA international officers in dues and assessments. Wants Officers Removed Kibre, head of Motion Picture Technicians Committee, also de- niands withdrawal of Harold V. Smith, lA international representa- tive, and all other officers who were associated with the international. He also wants assurance from the pro- ducers that they wiU negotiate wage Nylander's Jam Hollywood, Feb. 28, Dr. Towne Nylander .was sus- pended as Southern California Regional Director of the NLRB for assertedly remarking, 'ni tell you frankly that when we go into a hearing the employer hasn't got a chance.' He denied saying it. Aaron Warner, Denver district director, assumes temporary charge pending investigation into charges. Dr. Nylander has been promi- nent in the sundry film Guild parleys. FILMS' BIGGEST BANK NIGHT ENDED MON. Climax of Motion Pictures Great- est Year campaign, which began last fall, the announcement of winners in the $250,000 Movie Quiz contest, brought the biggest nation-wide bank night in the history of the film business. Prize winners were announced from the stages of 7,200 cinemas in this country and Canada on probably the worst night on an exhibitors' calender, Monday, It failed to stimulate ordhiary Monday night business. Drive lead ers expected capacity turnouts. The three big chains, Lbew's, RKO and Paramount reported little or no ap' preciable Increase. There were numerous complaints from exhib circles that letters had been sent in advance to winners House ops said they felt this took the edge off the contest and hurt biz. Harry Cohn's Added Cohnnbia Picts Stock Washington, Feb. 28. Belated report to the Securities & Exchange Commission last week dis- closed that stock dividends fattened the Columbia Pictures holdings of Harry Cohn, company president, dur- ing September. Both indirect and direct interests were swelled. In his own name, Cohn picked up 41 shares of common, raising his total to 1,723, and 1,719 vothig trust certificates, giving him 70,522 at the latest count. Only other film company report in the semi-monthly summary of in- siders' standing showed Henry R. Winthrop of New York, new Loew's director, without any financial inter est in the company. scales and working conditions with the Studio Local of the lATSE. _..World..Events, Inc.,. has been, or ganized here for the production of short subjects. William Castle, vice- president of the Studio Carpenters, is president of the new firm, Fred Lane, secretary-treasurer, and Harry Marsh, v.p. First production is planned for May 1, with a release based on aviation. Motion of SAG for non-suit in $25,400 suit of Seymour L. Simons was granted by Superior Judge Cle- ment D. Nye. Simons claimed money was due him in advertising fees that would have accrued had not SAG discontinued its Screen Guild Maga- zine. Court held that Simons had been fully paid and that his contract with the SAG was now null and void. INTO AGTIONERS 'Jesse James,' 'U. P.* Cue Studios to Yippee Cleanup —Early West Fave Sub- ject—They'll Take It Away from Lo Again DE LUXE GUNPLAY Hollywood, Feb. 28. Out of Hollywood, from now until the end of tiie present production year in midsummer, will flow the rootln', tootin', shootin'est, bowie knife-^wielding bunch of ride-'em- cowboy, major budget westerns the picture biz has witnessed in a decade. Some $15,000,000 worth of shooting, scalping, train and stagecoach rol>- bing, hypoed with gentle love, mad brawls for the protection of honor and 'curse you. Jack Dalton' villains has been budgeted. Action personi- fied in breechclouts, coonskin caps, chaps or miner's boots, depending on the picture, will predominate. From the Alamo to the Canadian border the boys with quick tempers and fast draws will rule the screen. 'Thar's gold In them thar reels,' and so far Hollywood has found nothing to per- manently supplant them. It is the inevitable cycle that the biz falls into when it takes a gander at what the guy next door is doing. It's a tossup whether Cecil B, De Mille with his 'Union Pacific' at Paramount, or Darryl Zanuck with 'Jesse James' at 20th-Fox revived the cycle on the 1938-39 program. It did not take long for other studios to fall In line, however. 'Jesse' teed off first and from present returns at the b.o. the picture seems destined to be one of the top grossers of the year. 'Union Pacific' is not far be- hind in cost and cast, though a long way from being ready to release. It has been rolling with from one to three units shooting since last No- vember and is now in' the home- stretch. Both the Indian and Chi- nese extras got a workout oh the picture, with many a redskin biting the dust as the Chinamen laid the ties of the first transcontinental rail- road. On the Warpath Par has three more big westerns to go this spring and summer. First will l>e 'Geronimo,' yam of the last of the great Apache Indian chiefs. The title of the picture will be changed, but the boys with the scalp- ing knives will be tiie main dish just the same. 'Buffalo Bill' will be made by Harry Sherman for Par this spring, using locations in the Jackson's Hole country, Wyo. It will be his first Class A western produc- tion of the year. Par execs admit they are looking favorably at other early western stories in order to capitalize on the. surge of American- ism sweeping the country. The third definitely slated is 'Lives of a Texas Ranger,' sequel to 'Texas Ranger' made two years ago. Fred Mac Murray and Lloyd Nolan' will play the leads, film to go this summer. RKO will put 'Virginia City' to work in the next few weeks. The title may be changed. It is a yarn of the Comstock Lode in Nevada and is one. of several such stories around the studios. It is likely that Richard Dlx will play the lead. Columbia is hof gbihg 'to' b'e left beHind.' "'Ari- zona,' tale of the Tombstone days, is getting dressed up by Claude Binyon, the scripter making his headquarters in Tucson. The original is by Clar- ence Buddington Kelland and Wes ley Ruggles will produce. It will be Ruggles' first effort for Col since leaving the Par tepee. Universal rolls 'Destry Rides Again' when the snow is off the mountain slopes, with James Slewart playing the lead. 'Destry' is a remake of the picture of that title. Republic, whose stock in trade is westerns, went overboard on 'Man of Conquest,' the life of Sam Houston. It is from 'Wagon Wheels,' by Harold Shumate, (Continued on page 20) On die Heels of die Radio Showdown, Exhibs Would Now Batde Night Baseball's Increasing Competition Mugg*s Luck Minneapolis, Feb. 28. Walt Raschicl^ Variety's St. Paul mugg, won $10 prize In Movie Quiz contest On his way to the theatre last night (27) via auto to play stooge to Sol Fisher, manager, who announced the huge haul, Raschlck isuffered a flat tire and one smashed fender. If .luck holds out, he flgures he will just about break even after everything is paid up. Hollywood, Feb. 28. WiU Wayne, who won $5,000 prize in Movie Quiz contest, is a former L. A. newspaperman now between jobs. Miriam Lundy, short story editor of the N. Y. Daily News aiid wif« of Todd Wright ('Trader* on tha News), won $500. • Helen Bernard, stenog In NBC's New York headquarters^ won one of the $1,000 prizes. ESTIMATE U'S 1ST QUARTER PROFIT 250G Universal'! first quarterly report for the company's fiscal year, which began last fall, will be out In about two weeks, according to latest es- timate. This first three-month report on earnings is expected to show net profit of approximately $250,000 for the period ended Jan. 31, last. Earn- ings are ciurently estimated at even a higher rate per month than this, with expectation that tha April quarter will bring tha first six months' total up to nearly $600,000. Dividend of $1.75, taken from operating surplus, was declared last week by Keith-Albee-Orpheum on 7% preferred stock. Dlwy covers the quarter ended June 30, 193S. It is payable April 1 to stockhclders on record March IS. BOA'S $7,412,e7t Profit Annual report of Radio Corp. of America, sent to stockholders this week, shows net profit of $7,412,072 for 1938, or approximately $1,600,000 less than in the preceding year. Com- pany's loss In revenue Is shown by the fact that gross income dipped from $112,630,498 in 1937 to $99,- 968,110 in the past year. RCA actually made a better show- ing with Its gross Income than if did in 1936 when the total gross amounted to $101,186,310, yet the net profit was only $6,155,930 or nearly $1,300,000 less than In 1938. Radio Corp. of America declared two preferred dividends at the regular meeting of directors Feb. 24. Corporation declared the 87%e'regU' lar quarterly on the first preferred and $1.25 on the B preferred, both covering the first quarter of 1939. Both diwys afe'payaBle Apfin fo stock on record March 8. Chicago, Feb. 28. Having tasted some victory in their' battle to keep star talent off the radio, exhibitor associations are now girding for a tussle with night baseball this coming season. Circuits and indie theatres are agreed that they must work to> gether against a mutual bugaboo and have gotten together in several in- stances for the raising of a fund to battle the forces of electric light baseball. Theatres are planning to get ball fans into- the theatres by using tha sides of their theatres on which to erect electric playboards that wlU give the games play-by-play, whlla other houses will install these boards in lobbies or foyers, These latter houses then, will advertise that patrons can see and hear the ball games and yet stay for the regular picture shows for the same price. Theatres expect to plug this 'added attraction' with plenty of ballyhoo in an effort to get back some of tha coin lost heretofore to night base- ball games. Particularly will the circuit houses In the big league towns get to work on this angle, since they feel that, with the big leagues going into night games as an important item this year, the opposition will be stronger than ever. Can. Co.'s Profits Montreal, Feb. 28, United Amusement Corp., Ltd., operating 15 second-run film houses here, shows net profit for year ended Dec. 31, 1938, at $106,404, before in- come tax, against $100,170 in 1937 Net working at $144,601 represents, decline of $20,354 from previous year. £. A. Cousins, president, attributes to taxes and licenses the heavy drain on gross receipts and hopes that some relief may be obtained from briefs submitted to Tax Revision Board of the province. Par Now Also Plans To Follow Headfines For Screen Material Paramount is reported setting up a so-called spot news department, similarly to that of Warner Bros., with plans to alter the production policy for the making of pictures based on current news or headlines, Warners has followed the headlines for many years now, and has foimd the policy to be generally successfuL Such a policy for Par would place it in direct competition with WB oa pictures covering thhigs that ara happening In the news. Up to now some other companies have done this In a lesser way, hera and there turning out a picture that has been In the nature of having t>een inspired by news or other cur- rent events. Bosworth Stricken In St. Lonis on RKO Chore St. Louis, Feb. 28. Hobart Bosworth, vet screen star, who came here last week to serve as a judge in RKO's 'Gateway to Hoi- lywood' contest to select 'John Archer' and 'Alice Eden,' Is seriously ill in the Deaconess hospital here, suffering from Influenza and com- plications. While his condition has improved he is not entirely out of danger. Bosworth, who Is 72 years old, was worn out by the strain of a month's travel His wUe flew hera i.rom Hollywood. Kay Francis at RKO Hollywood, Feb. 28. Kay Francis, former Warner star, is set for the Carole Lombard pic- ture, 'Memory of Love,' at RKO. Production starts March 15 under John Cromwell's direction. FOB TflE CAUSE! Hollywood, Feb. 28. Brian Donlevy is in a Yuma, Arlx, hospital with a shoulder wound as result of being stabbed by Ray ItliU land while doing a scene on location for 'Beau Geste.' Not serious.