Variety (Apr 1939)

VARIETY PICTURES Wednesdaj, April 5, I939 LY BILL PROPONENTS SPURN FILM INDUSTRY'S VOLUNTARY REGUUTION Pettijohn Advocates Rbundtable Parleying, Myers. (Allied) Doubts Results—Parade of Witnesses, Pro and Con. on Meiasure Washington, April 4. . Film producer proposal, to attempt negotiation of a voluntary trade practice agreement^ in conjunction with public groups, was spurned at the outset of today's (Tuesday) ses- sion of the Neely bill hearings, at -which reform spokesmen renewed their barrage of appeals' for 'free- dom of choice.' After Senator Wal- lace E. White, Jr., the Maine Demo- crat expressed l>iewilderments how legislation would remove cause of complaints, Charles C. Pettijohn, Hays spokesman, offered to call a session of distributors, producers, ex- hibitors, and squawkers, and voiced <!onfldence 'we can get an agreement id put it on the table quick, if the only object Is to have local choice.' The industry is ready to withdraw from blocks booking any films which representative local groups dislike and offer others at a fair price,' the Hays official said. Possibility of reaching an under- standing was doubted by Abram F. Myers, chairman of Allied Staties As^qeiation board. Havbig rejected l^te$t distributor committee proposi- tion, spokesman for the Indie Thea- tre Owners said, 'Intelligent right of selection cannot be exercised un- less goods are labeled,' Pix must be identified before any acceptable purchase plan is possible; Allied has presented many suggestions to major distribs, who always have turned them down, Myers replied. Commenting exhibs' no longer are given advance Information about the future output that formerly was available, before contracting for next season's supply. Departing frequently from his pre- pared statement, Pettijohn opened t' e industry's fight w.'th attack on proponents after Henry R. Atkinson of Boston, representing Massachu- setts Civil League, Boston chapter of Motion Picture Research Council, and 29 "public, groups' had begged to- 'community freedom' In selecting screen entertainment Pt«dul!er- distrlbutor spokesman noted Atkin- son "never made, sold or exhibited a picture—nor did the pieople who wrote the bill.' T know of no business in the world that so many people think they can run and want to run and, in my opin- ion, can't run,' Pettijohn quipped. Three Improvements The only three ways of improv- ing quality of films and insuring ex-,, hibitlon of the picture communities desires, Atkinson said,' are national censorship, which is practically im- possible and unsatisfactory; unoffi- cial censorship at the source, which is not dependable; and enactment of the Neely bill which meahs 'Control over the screen from' close to home.' The usual parade of spokesmen for women's organizations boosted the Neely proposal. Including Massa- chusetts Civic League, American Home Economics Assn., American Assn. of University Women, YMCA and WTCU. Long letters ttbm Dr. Roy L}rman Wilbur, head of the Mo- tion Picture Research^ C^oimcil, con- tained admission 'Some notable films' were produced in recent years, but .studios still turn out too many 'stupid, commonplace features' which appeal to emotions of horror, tear and lust Rush act of block-booking abolish- ers was braked this week at outset of Senate hearings on the customa:^ Neely bill. Although sponsoFS clam- ored for speedy action. Interstate Commerce Subcommittee, chair- manned by Senator Ellison D. Smith, Democrat, of South Carolina, intends to afford foes ample chance to dem- onstrate reason for apprehension and, expects advocates to point to pros- pective benefits. Wrangle oyer proc lure featured initial session Monday ,3) before large audience of reformers and pal- pitating stenos waiting to ogle Rob- ert Montgomery. Charge of unfair tactics last year—wHen legislation sped through the upper chamber- was fired by Charles C. Pettijohn, general counsel of Motion Picture : oducers and Exhibitors Ox Amer- iL.>, with'Senator Matthew M. Neely, West Virginia Democra/, complaining enem'les want to talk legish^tlon to death. General committee attitude was reflected by Senator Smith, who said he does not want to take any step which will retard development of American films and confessed he shirked obligation last year by not paying more attention to the pro- posal. After Pettijohn recalled sim- ilar legislation on Congressional schedule constantly since 1928, Smith decreed full opportunity for both sides to teU their views, although Neely appealed to backers to limit their testimony. Neely Charges Stalling Via Flock o* Witnesses "The proponents would delay ac- tKn by putting on a lot of wit- nesses.' Neely told colleagues. 'No- body can logically contend the sen- ate Is not' thorou^Iy Informed oh this question. There were only two 'ponents of the bill' in'the senate it year. For the proponents to consume time Is to waste time. If those who were for it U.'' year have changed, their minds, they are not going to be Influenced by hew tes- timony, I'll take my . chances on be- ing able to pass this bill without any support from any witnesses; I mere- ly want to get it on the calendar.' To this. Hays organization strate- gist reminded Neely the industry asked for and was denied hearing last year.. Only one of the many bills ever h&s been taken up at pub- lic hearings and committee which listened to evidence shelved the proposal. "We have licked it every time but once'—lait year when it was slipped through the commit- tee without warning and hustled through the se ate with less than a full day's debate. It industry spokes- man cannot convince legislators of the dangers in 'the proposal,' 'well take our medicine and fold up and go otit of business,' Hayser stated. Idea of examining the biU thor- oughly was backed by-Senator Alben W. Barkley, Democratic leader, and Senator Wallace E. Whit:, Jr., the Maine Democrat who made the only vigorous argument 'agaihst it on the floor last spring. Barkley observed there have been many (Ranges In Senate roster since last hearings were held in 1936 and commented few members are likely to go back and read old hearings. New testi- mony-taking la Imperative, in his estimation. Agitation for abolition of basic dis- tribution methods, is based on condi- Uons from 1929 to' 193S, he said. At present the Industry is 'an entirely different business ^ith a different crop of pictures.' Grea^ improvement —via production code authority and cooperation with religious and civic groups—cited as reason wliy legisla- tion is unnecessary under existing conditions. No Moral Problem, It's Merely a B.O. Proposish No moral problem Is involved in the controversy, MPPDA attorney contended. Selection of films is 'merely a boxofflce proposition' with exhibitors—who disagree about de- sirability of such leglslatioa .Noth- ing in the bill will eradicate dual or triple billing, but measure would de- stroy the voluntary self-government which has lifted quality of cinema output in recent years. With independent exhibitors on hand to support bill, Pettijohn said only industry group favoring rental of pix separately are theatre owners who 'want to buy retail at wholesale prices.' They are the sort who would take the cream on the top of the bot- tle, leaving the milk for competitors, he stated. Denial that film producers-main- tain 'large and powerful lobby in Washington' opened Pettijohn's at^ tack. Also scoffed at idea the indus- try has barraged lawmakers with propaganda, but offered to flood com mittee with commtmicatlons from in- divlduals who haven't scanned the bill if members desire. Many advo- cates who have deluged .Congress with appeals for enactment are. mis led and do not understand true sltua tion, he added. Passage of legislation would be playing Into hands of foreign rivals, (Continued on page 47) Goetz Party, with 'Cliips' Pic, Now on the Coast Ben Goetz, head of Metro's Brit-; ish production, arrived from London last week with Mrs. Goetz, Mr. and Mrs. Sam Wood and Greer Garson, co-star of 'Goodbye Mr. Chips,- print of which he brought with him. All are now in Hollywood where Goetz will confer with Metro studio heads on English productions for '39-40. He has nothing set on this pro- gram, but stories on 'busman's Honeymoon,' "Ruined City,' remake of 'Journey's End' and "National Velvet' are in preparation. Pro- ducer will'also take up question of an En^h film laboratory, which was to have been constructed last year in cooperation with other American producers.. Other Ne ws of Inter est to Films Australian film tops form council .Page 13 Hicks on foreign biz Page 13 Odeon-WB product tallcs Page 13 Quota hike vetoed lo England Page 13 Yanks win point in France on duals Page 13 Bert Lytell's address. Page 23 Radio reviews: Bebe Daniels-Ben Lyon, Faris-Londtes, Lupe Velez, Merle Oberon, Claude Rains, 'Circle' Page 26 Metro-Robbins 2c disk ultimatum ...Page 39 McClintic may make "I^ton' claim... .....fage 49 British GN Chiefs Due m N. Y. For Needed Product Jeffrey Bemerd and Maurice ^. Wilson, Joint managing directors of Grand National Films, Ltd., of land, are due to arrive in New York tomorrow (Thursday), for confer- ences with E. W. Hammons, GN president In view of reported lin- settled GN- product conditions, thie British distributors are anxious to learn what product they can expect .for the balance of this season. It is not unlikely that Bemerd and Wilson will ,se^ to-close other prod- uct deals while in this country to make up the GN deficiencies. "While Wilson is a rep of British financiers, it Is understood the British GN did not put up any coin ior Hammons' American requirements, but went along on a picture-to-picture prop- osition, which, called for payment on receipt of prints in England. AIs* ProdacIng London, March 26. Jeffrey Bemerd and, Maurice J. Wilson will also line up Hollywood names for a string of films they in- tend to. produce shortly. Foremost is Dr. A. J; Cronin's bestseller, The Stars Look -Down,' which was orig- hially bought by Max Schach, of Capitol Films, then became the prop- erty of Grafton Flhns, a subsidiary of CF. Leads will be played by Mi- chael Redgrave and Margaret Lock- wood, who returns from Hollywood, with Carol Reed directing. Then there is 'Newmarket Heath,' to be m&de in color, in which Frances Day may be starred. Film dealing with the life of Leslie Stuart, the composer, is another, for which Roland Young is sought for the title role. Also skedded are ii remake of Eric Von Stroheim's 'Alibi,' from the French, which Stro- heim is to direct and 'Return of Markover,' in which Will Hay will star, with Billy Benet in support' Latter is part of contract Just closed with Hay for three pictures. WEISMAN FILES FINAL FOX THEATRES REPORT Milton C. Welsman, receiver of Fox Theatres, filed a final report on the corporation's assets in. N. Y. federal court yesterday (Tues.) and asked that the assets be turned over to Kenneth P. Steinreich and him- self as trustees, appointed by Judge Martin T. Manton on Feb. 6. Among the assets listed is $119,415 in cash. Claims totaling ^8,400,000 were disposed of by the court for $B,100,3{I0. The only claims still im- settled are those of William Fox for $7,186,627 and Alfred K Fiegel, whose $248,047 claim was disaUowed by the court but who is appealing The report ran 734 pages. Pecks of Georgia Fde Another Trust Suit Against the Majors FILM-RECORDED WILLS, NEW FRENCH IDEA Paris, March 27. A certain section of the French legal profession is mulling the terms for a law which would make it pos- sible to record wills with films in- stead of i>archments duly sworn and subscribed to. Although moveme'nt for the enact- ment of such a law has-ju^t gotten under way it already has many ad- herents, especially following the re- port that a metal film container has been developed in the U.S. which makes it possible to conserve films for tmllmlted periods. Backers of the project point out that such a process would have nu- merous advantages. First, they pohit out, that Instead of the heirs attending tite reading of n will they would attend the "showing' of a will. Hays Staying in N. Y. Untfl About April 15 Although this annual session and quarterly dfarectors' meeting Is out of the way. Will Hays, head of Mo- tion Picture Producers & Distribu- tors of America, will remain in New York to be in touch with develop- ments «Iong the legislative front for about two weeks more. Final ses* sion of the directors' meeting was concluded Wednesday (29). after preliminary huddle earlier in the week. Haya now contemplates going to the Coast about April 15. PAB SIGNS EOWABO'S PIC Difficulties over distribution of WiUiam K. Howard's Indie .'Back Door to Heaven' having been set- tled. Paramount will release the film on April 21, Howard Is now on the Coast ar- ranging a preview of the picture there. N. Y. to L. A. Neil F. Agnew: Barney Balaban. Robert Benchley. Jack Benny. Joe Bemhard. Thomas V. Bodkin. Helen Carew. Thomas Coley. Joan Crawford. ' Greer Garson. Hank Garson. Robert M. Gillham. Don Goetz. Martin Gosch. Stanton L. Grlflis. Alfred Hitchcock. Mann Holiner. Laurence Irving. Dorothy Lamour. AI Lewis. Doro Merande. Jack Mills. Gabriel Pascal Roy Rowland. Martha Scott Nate B. Spingold. William Wadsworth. Sam Wood. L. A. to Y. Jack Dolan. Alice Faye. Judy Garland. Clifford Goldsmith. Alan Hale. Lillian Hellman. James Hogan. Joe Penner. Vtoqent Price. Irving Rapper. Charles Ruggles. Leon O. Turrou. Atlanta, April 4. John W. Peck, Sr„ Mrs. Gertrude Peck and John 'W. Peck, Jr., of Mon- roe, Ga., last week filed suit in Fed- eral court here against nine motion picture companies seeking an injunc- tion to prevent alleged stifling of com- petition in the Milledgeville, Ga., area and asking an additional $14,440 hi damages. They ^arged "unlawful restraint and monopoly' in their ef- forts to get first-class product to. show in theatres in Eatonton and Sparta, Ga. Named as defendants are Para- mount RKO-Radlo, Vitagraph, Inc; - United Artists, 20th Century-Fox, Columbia, Universal and Republic. Peck, Sr., and Mrs. Peck early in March filed suit for $285,000 damages in . same court charging eight picture companies with violation of CUayton Anti-Trust Act in distribution of films. They claimed they were forced' out of theatre biz in Syla- cauga, Ala., and Dublin, Ga., because defendants (Par, RKO,. Metro, Vita- graph, 20th-Fox, UA, U and Col) conspired and agreed among them- selves not to sell, lease or license to - them any first-class feature film,. This, they charged, followed building of opposition houses in these two spots by Roy Martin, ,Georgia chain operator. A. C. Bromberg, described as a distributor for some of the fihn companies, was also listed as a de- fendant in this suit Dlatrlba Exam. Indie Federal Judge Edward A. Conger, in N. Y., has granted the application by . Eugene Levy, George Walsh, Netco Theatres Corp., Paramount,' 2i0th Century-Fox,' Joseph Leev, Big-U Film .Exchange, Inc., .RKO Radio and United Artists to exsimine David and Philip Sherry, of Miller & Sherry Enterprises, Inc., of King- ston, N. Y., before trial. This is in connection with a $226,000 Sherman anti-truat suit brought against them filed by Orange County Theatres; Inc., which charges they could not get product for their Strand, New- burgh, N. Y. . • ' A-dmllar application to examine the Columbus Trust Co., of Niew- burgh was denied. The examination will concern the (Continued on page 43) SAILINGS April 14 (London to New York) Adolph Zukor (Queen Mary). April 12 (Vancouver to Melbourne) Alex Hanlon, Alex Gerber, Salici Puppets, Ross and Edwards, Carr Bros, and Betty, Bozo Snyder, Loret- ta Grey, Murray Green and Elsa Lang, Jack Blckle, June and Trudell Van (Niagara). AprU 12( Paris to New York) Jean Sablon (Re de France). April 7 (New York to London) James Roosevelt (Queen Mary). April 1 (New York to Paris) Merle Oberon, Paul Draper, Jacques Rubinstein, Robert Florey, Mr, and Mrs; Sam Eckman, Jr., Mr. and Mrs. Edward Petry, Mr. and Mrs. Edmond Johnstone, Yvette Mercier-Gouin (Normandle). April 1 (Los Angeles to Sydney) Stanley Bros., Senator Murphy, Four Franks, Carl and Leone, Mignon, Sammy Cohen (Monterey). April 1.:. (New York to London) R. H. Bruce Lockhaft, Mr. and Mrs. Richard Tauber (Aquitania). April 1 (London to New York), George M Cohan, Marie Burke (Queen Mary)., ARRIVALS Gabriel Pascal, Greer Garson, Mr. and Mrs. Max Factor, Mrs. Erno Ra- pee, Mrs. Lucie Llllie, Sir Robert Peel, Mrs. Raymond Massey, Herbert Wllcoxv John W. Hicks, Ben Goetz, Jeffrey Bemerd, Maurice Wilson, Mr., and Mrs. Sam Wood, - Henri Bernstein.