Variety (Apr 1939)

VARIETY PICTURES WeAieedaj, April 5, 1939 Nova Scotia's Slam at Fix; Aimed Spedlicaliy at F. P. and Nathanson St John, N. B., AprU 4. Famous Playerg and N. L. Nathan- son of Toronto, Canadian head of the company, are' specifically aimed at in a bill introduced in the Nova Scotia legislature on March 31, In the first provincial attempt to regu- late film exchanges. The bill w6«ild empower -the Pro- vincial Board of Film Censors to li- cense and regulate all film exchanges distributing films in Nova Scotia. The exchanges would be compelled to provide the board with intimate information: on the distribution of the pictures, and the rental prices to the exhibltora The exchanges would also be forced to establish perma- nent ' offices and representation in the province,' with base in Halifax, the capital, and largest community. Malcolm Patterson, a government memt>er of the assembly from Cape Breton West, was the sponsor of the bill which made legislative history. He severely, condemned the Famous Players and Nathanson, claiming both were trying to drive the inde- pendent theatre operators in Nova Scotia and elsewhere out of the trade by discriminatory tactics. . Theatregoers of Nova Scotia are being compelled to pay into a racket being carried on in Ontario,' said Patterson in opening his charges. 'According to the independent the- atre operators of the province, a con- cern known as Famous Players Is carrying on business, in this province, it is a theatre operating company with a manager named Nathanson in Toronto. This concern owns a great many theatres throughout Canada. Nathanson also is head of distributing companies which own and control practically all the im- portant pictures that are shown in this province. In conjunction with the Nathanson distributors, they are today carrying on a system of diS' crimination against the smaller the atres and, if It continues, the small theatres will have to close and a monopoly will be created. 'Famous Players and the Nathan' son distributing- agency, in conjunc- tion, gave a Sydney, N. S., theatre operator the right to select his pic- tures and to fix the times for the pictures to be shown. Thus, if a'film were shown in Sydney, the same one could not be shown in neighboring towns at the same time or for months afterwards. 'It.seems to be that the people of this province who patronize the dif- ferent theatres are compelled indi- rectly to contribute to Famous Play- ers. They pay a legitimate price, plus a tax paid to Nathanson. 'We can shut oft this racket and prevent this man Nathanson and Famous Players from taxing the peo- ple of this province who attend the- atres.' Fltcclbbons Denlies J. J. Fitzglbbons, vice-president and director of theatre operations for Famous Players, denied his com- pany is discriminating against Nova Scotia exhibitors. He said, when apprised of the Patterson statement and charges, 'Anyone who has stu died the theatre business knows these things are ridiculous. There is no foundation for saying we aren't running our business in Nova Scotia according to regular business prac' tice. Certainly it can't be said, so far as I know, that we are compet- ing unfairly in Nova Scotia,, accord- ing to regular theatre operation practice.' v Famous Players is not the most heavily represented theatre chain in the maritime provinces, although that company hds the largest houses in the Atlantic region. F. G. Spencer of SL John has 10 theatres, owned or lezsed. J. M Franklin of St John has six. owned. At St John, the Famous Players has two exchanges, and at the same base, one in the name of Paramount and the other. Regal Films. P. J. Hogan has been Paramount exchange manager for many years, and A. E. Smith has been the Regal exchange manager for equally as long service: Both cover the maritime. provinces and Newfoundland personally, at in- tervals, in addition to the regular calls by the salesmen. NW Allied Disoloims Minneapolis, April 4. Northwest Allied has disowned the thestre divorcement bill belatedly Intr.'t'^uced into, the Minnesota state ]cfr(.-I.'<.ture and 'will not use its In- fiu'-nce or efforts to obtain its pass- age. At a meeting of. members It was decided to ignore the mce.sure, but to oppose bills which would make theatre cash gift nights illegal and establish dayli^t saving In the state. Sponsorship .'of the divorcement bill 1b shrouded in mystery. It did not make its appearance until the session ,waii approaching its end. Adjournment is schedtded for April 14. Northwest Allied originally was committed to a fight for a Minnesota theatre idlvorcement law during the current session, but the repeal of the North Dakota statute before theU. S. Supreme Court passed on..its consti- tutionality caused the body to drop its plana Steffes pointed out that fully three years would elapse be- fore ttift Minnesota law could be made effective^ compelling Para- moimt Northwest circuit to relin- quish its 89 theatres, and that in the meantime, the matter wdoubtedly will be brought to a much quicker head. Inasmuch as divorcement is one of the objectives of the Federal government's present anti-trust suit against a group of major producers. S BUU la Dei. WOmington, April 4. Three bills with a direct bearing on the film industry have been tossed In Delaware's legislative hop- per within the past few weeks: and now rest in committee. Two will admittedly never get out of the pick- ling vat, while another, to give Wil- mington a referendum on Sabbath films, is considered to have an even chance of passing on the fioor. Sunday pix measure, introed by Senator Paul' Rinard, would give cities of over 25,000 population the right to vote on whether they want films after 2 p. m. on the Sabbath. Wilmington Is the only city large enough to be affected Several Cath- olic groups are fighting the legisla- Uon The other measures are a bill aim- ed at long trailers and the Pepper bill, which would give Juvenile Court censorship powers over films. Trailer act seems to have no backers among politicians, clubwomen or church people, while theatre men are bitterly against it No Censor Bill In S. C. A censorship bm In South Caro- lina has not been introduced, as re ported, according to the National Council for Freedom from Censor- ship, which Is throwing its full force against further censoring of film. Regarding the Michigan censorship bill, Introduced recently, as a very vicious one, the Council is bitterly fighting its passage. It is also work- ing for the repeal of the Ohio sets soring statute, on the books many years. . . ITs 3 Saks Regbnak Start ISA in Cincy Return of Joe Seidelman, v.-p. in charge of foreign, gives ITniversal its full c<Hnplement of home office of flcials who will attend three regional sales conventions' this month. First opens April 15 in Cincinnati with three-day session , at the Netherland- Plaza. Chicago sales confab opens April 18 at the Palmer House. On the Coast, the convention will be in San Francisco at the St Francis. Each 'regional will be for three days. W. A. Scully, sales manager; Nate Blumberg, priisldent; Seidelman, F. J. A. McCarthy, eastern, sales manager; W. J. Heineman, western sales.manager; Louis Pollock, O. C. Binder, James Jordan, F. T. Murray, Andrew J. Sharlck and Morris Alin will attend the three sessions. REPORT CROSBY SET FOR LONDON YAUDE WB Patriotics Go On Hollywood, April 4. Warners winds up its 1938-39 Technicolor shorts, slate in May with 'BUI of Rights' and "Rose of Monterey.' Crane Wilbur directs both films. Studio starts 1940 sked in June with 'Monroe Doctrine.' London, April 4. Bing Crosby and Ted Iicwls are among the American names reported liiied up for the summer vaudeville policy scheduled for the Palladium here, which quits its present 'Crazy' show first week in June. The new 'Crazy' show;opens in the fall after the usual tryout In Brighton. Meanthne the ."Crazy* gang will make another film for Gainsborough. TMATTOORG. HUB THEATRES FAST MABQUEE CUMB Hollywood, April 4. Margaret Lockwood shares top billhig with Douglas Fairbanks, Jr., in 'Ruler of the Seas,' to be pro- duced by Frank Lloyd at Paramoimt This is her second role since com- ing to America. First was in "Su- sannah of the Mounties' at 20th-Fox. Boston, April 4. Test case of the authority of the local motion picture division of the Theatrical Managers, Agents and Treasurers Union to act as bargain- ing agents for 'front house' em- ployees of film houses in this area will come up some time during the week of April 12. Thomas R Roache, chairman of the Boston brandi of the picture division of TMAT, has petitioned the .Massa- chusetts State Labor Relations Com- inission for an election, by secret ballot during that week, and. the date will be announced this week. Roache claims his union, which re- cently began an organizational drive in this city, should have jurisdiction over house managers, assistant man- agers, student managers, and press agents. The first such group to signify .willingness to come under, this jurisdiction are the front house crews of the two Loew theatres, Or- pheum and State. Roache main- tains, that five out of nine employees declared themselves, union members (more than the 51% required by law), but that the Loew executives declined to recognize the union on the grounds that its members are executives and not employees. - In- timidation through a discharge and a 'forced resignation' is also charged by TMAT. The State Labor Relations Com- mission has since ruled on the Loew case, definitely establishing the status of ttie union members as 'em- ployees.' Gustave A. Gerber, coun- sel for the national TMAT organiza- tion, is slated to come to Boston for the elections which will have a di- rect bearing on the certification of the union as official bargaining agents. The election results will probably set a precedent for. future overtures to such chain organiza- tions as M. & P. and RKO In this district Legit houses here arie well organ- ized by TMAT, as are the. Boston Garden, and Boston Ar6na. This spring the union plans to go after the race tracks and ball i)arks. Indies ConqtlaiD Distribs Too Tongh on F3m Readjustments Dc.trolt Tao Detroit, April 4. Local theatres are being bothered by union . organizational efforts among ushers, cashiers, assistant managers, et aL,' but thus far have thwarted attempts by tossing or- ganizers out Mpis' Also Worried Minneapolis, April 4. Twin City exhibitors are worried over efforts now Ijeing made to unionize ticket sellers and takers, ushers and janitors. They fear move will lead to higher operating costs and insist they can't shoulder any additional burdens now because in- come is at rock bottom and expenses at an all-time high. Counter-Quiz feshiva's Refugee Dinner Grossed $3^00 to $4,000 Between $3,500 and $4,000 was grossed for the '5^eshiva College, New York, by the committee of the Mo- tion Picture Industry which put on a dinner and show at the Hotel Astor, N. y., Sunday-night <2). W. G. Van Schmus,'chairman of the committee, was unable to be present at the din- ner due to illness and after startinjg the committee off had to turn over many _pf the. details. to George J. Schaefer. Van Schmus is in St Luke's hospital. Among speakers from films were Schaefer, Louis Nlzer and James Roosevelt, while those taking bows on the dais included_Ned Dcpinet, Jack Cohn and Murray Silverstone. Amount realized by the film com- mittee goes toward scholarship for refugees from Europe. Minneapolis, April 4. Twin. City independent exhibi- tors are resenting the question- naire which Metro is requiring them to fill outi inquiring in- timately Into their financial con- dition, when they apply for film reductions or adjustments. Tlie exhibitors must give all details- - of operating cost^ including the salaries or other income they derive from theh: theatres before M-G even will consider any re- ductions or readjustments, they complain. President W. A. Steffes of Northwest Allied has suggested that when M-G asks for a boost they demand that it fill out a similar questionnaire for them, stating, among other; , things, .the salaries of executives, tops- and salesmen at the exchange. N.Y.SMALLTOWN SUNDAY BILL Albany, N. Y., April 4. The small town Sunday picture bill, withdrawn by Assemblyman William T. Webb, manager of Smal- ley's theatre, Sidney, N. Y., after it had reached third reading, was re- introduced last week by Assembly- man James E, Owens, of Ossining. Ministerial objections are said to have been a strong factor in caus- ing Webb's action at a time .the measure seemed set for passage in lower house. The bill permits 20% of the qualified electors in a village to petition for a referendimi ordi- nance permitting Sunday films and sports after 2 p. .m. and requires the board of trustees to submit it to the voters. If passed, It becomes a law without further ado. Bill is designed to force action where board of trustees.has neglect- ed, failed, refused to adopt or de- feated ' such an ordinance. Ex- hibitors favor the proposal, Maine Kayoes Sondaya Augusta, Me., April 4. The State Senate has K.O.'d a bUl to legalize Sabbath films, after the house had voted favorably on it Curfew by Midnight Charlotte, N. C, April 4. Neil McGlll, manager of the Im- perial, was given a summons on a charge of operating a theatre on Sunday. Police entered the house at 12:06 a.m. Sunday and found the pic- ture still being shown. It ended at 12:15 a.m. McGrill said he had tried to bring the program to a close by midnight, but as a protection displayed a sign in the lobby stating, 'all entertain- ment after midnight will be shown free df charge.' Hiriiinan RetmrnsSaUy Rand Pic to GN ReiW Hollywood, April 4. George Hlrliman's 'Sunset Murder Case,' starring Sally Rand, returns to Grand National for distribuUon. Pic- ture was originally fihned for GN release, but later withdrawn when Hirliraan decided to usie it as a road- show. Hirliman is dickering with the stu- dio for production of a group of mu- sical westerns, Minneapolis, April 4, Twin City Independents are com. plaining that distributors here are getting increasingly tough' in the matter of readjustments. The exhibitors Insist that their buslneia during the past three months^ due to weather, and' general conditions, has been 'tile worst ever* and they've been operating In the red much of tiie time. In the. face of this, they feel, the distributors' 'unjustified' and 'hard-boiled' attiv tude is all the more 'discouraging.' Other costs, as well as films, are at an all-^time peak, making things all the tougher, it's pointed out Formerly, according to the ex- hibitors, they could go to the dis-. tributors and obtain readjustments on unplayed pictures, or attractions falling down at the boxoffice, amounting to as much as 50%, but that's all changed now. On their part, the distributors as- sert they've been "much too good' in the past and. they're not going to be 'suckers' any longer. They say their blind and other checks have put them 'wise' to the fact that many independents have taken 'unfair' ad- vantage of them. One of them cites an Instance of an independent ex- hibitor grossing $2,500 on a picture costing him $75. mCANI^' SUIT AGAINST PARAMOUNT Depositions of Bill Pine, Dixie Davis, Frank Calvin, C. Gardner SuUlvan, Harold I,amb, Irene Fran- cis, Gladys Rosson, Edwin Justus Mayer, Jeanie MacPherson, Grover Jones, Bill Hebert, Emll Barrye and Preston Sturgls.'on behalf of Para- mount Pictures, will be taken In Cal- ifornia in connection with a suit brought by Zelme B. Tllden against Paramount Cecil B. DeMille and Adolph Zukor. The plaintiff claims the plagiarism of her play, 'Captaln-^What the Devil' In 'The Buccaneer.': She asks an accounting of profits and damages. 'Onnga' Fllolilnf Charge4 Los Angles, April 4. Harry Gould filed a . damage and Injunction suit here claiming copy- right Infringement on the story of 'Gunga Din.' Named as defendants are RKO- Radio, George Stevens, Fandro Ber- man, Ben Hecht, Charles MacArthur, Fred Giilol and Joel Sayre. Telco on the Market Washington, April 4. . Permit to peddle 30.500 shares ol $1 per capital stock wais sou.?ht f rom the Securities & Exchange Commis- sion last week by Telco Corp. of Los Angeles. Firm is a color proc- essor for motion. picture films. Statement showed 25,000 shares will be handed over to stockholders with tickets issued prior to regis- tration and 5,500 would go -to Rob- ert Hoyt, firm president in payment of indebtedness and patents. Public offering, without an underwriter, would be priced at $2, with proceeds earmarked for debt and working capital. National Screen Wins Against TiaOer Made Suit for damages by National Screen Service Corp,, against Trailer Made, Inc., Isador Sdiwartz, and Pathe Film Corp., was setUed in the N. Y. federal court last week when the action was discontinued against Pathe, and a judgment was entered against the two other defendants. Suit claimed the Infringement of music in the defendants trailers.' The latter agreed that they had Infringed unintentionally, and a permanent in- junction was recorded aguinst them. As to the 39. infringing pictures al- ready out the exchanges and branch offices are notified to return the trailers to their N. Y. offices, and to - destroy the sound tracks. National Screen Service Is author- ized to examine all the recorded mu- sic of the defendants and to destroy any that-Infringes. In case of a dis- pute as to whether or not the music does infringe, John RocchetU, of the Sam Fox Publishing Co., is to act as final arbitrator. Examination in the future,'from time to time of any of the sound tracks, was granted , to the plaintiff as were $3,000 counsel fees. Counter °uit was withdrawn. 'Fools' on a Spool Hollywood, April 4. Columbia Is readying a series of six shorts, 'Fools Who Made His- tory,' for its 1039-40 program. Briefies deal with men whose ideas benefited humanity, although they were considered screwy at the time. First is about Dr. Morton, dis- coverer of anesthesia.