Variety (Apr 1939)

VARIETY PICTURES Wedneeday, .April .12« I939 FILM BIZ THINKS IT HAS NEEY'S PET BLOCK BOOKING BILL CURBED Industry Spokesmen Supported by Laymen and Two Senators in Opposing Measure — Cite Trade Reforms Washington, April 11. Film producers appeared to have licked the Neely block booking bill this-week at the tail end of Senate Interstate Commerce Committee hearings. Spokesmen for the majors laid down a statistical and verbal barrage that obviously made a strong impression after independent exhibitors spiUed the beans and shocked the women's groups by con- fessing their motives ar« irioney- maUng, not uplifting. With never more than two mem- bers of the subcoDm>ittee present, the perennial panacea looked In danger of being shelved with two members — Chairman Ellison D. Smith (Dem.), Sonth Carolina, and Wallace K White, Jr. (Republi- can), Maine—openly unsympathetic toward the .arguments of the indies and their feminine allleg. Hearings due to wind tip the latter part of this week. . Customary yelpa about producer V)ppre8slon' were placed in the rec> ord Wednesday (5) when Allied States Association leaders occupied the chair most of- a five-hour session. But bigwigs of the Hays organiza- tion met a more sympathetic re- sponse when they catne on to refute the claims of great benefits for the public alid to point accusing fingers at the indies. Tipoll on the committee's attitude came Uonday (10) as George J. Schaefer, pr^ident of BKO, offered arguments against the measiure. Senator White said he cares nothing for legislation intended only to rem- edy unfair trade practices or break up a monopoly—since the Federal Government already has agencleis charged wiili such duties—and ex- pressed doubt the bill will discour- age the showing of 'offensive' pix. Chairman Smith sfaal«d his uncer- tainty, noting that producers are stimulated by the profit motive and Inquiring what would happen if liighly moral' films are not boxoSice smashes. Throughout last week's proceedings, the pair made observa- tions and Inquiries whidi reflected skepticism about the desirability of such legislation. - Detailed answer to Indie exhlbs* arguments was again given by Schae- fer today (Tuesday), who declared the affiliated chains are required to purchase in blocks Just the same as anyone else. He denied United Art- ists sells plx individually, asserting 'Snow White' (RKO) had been booked singly, but scoffed at the idea the Indie producers were being frozen out. Figures on 1BS7-S8 bookln£.s were presented by Charles C. Fettljohn, Hays spokesman, to show the oppor- tunity allowed to reject undesirable films and emphasize that th« best quality pictures are not always in greatest demand. They buy box of- fice attractions,' Pettljohn said. That's what the record ^ows. The exhibitors have a variety of ways of getting out of playing pictures they don't want.' Kenneth Thomson, secretary of Screen Actors Guild, and Ralph Block, former president of Screen Writers Guild, backed up the pro- ducers' claim that passage of Cie bill will straightjacket the industry, cur- tail output, and reduce jobs, 'Legis- latiiin would make it Impossible for producers, directors, writers and ac- tors to use their talents to Improve a picture after production,' Thom- son asserted. Effect would be 'de- moralizing' with 'insurmountable ob- stacles* placed in the way of crea- tors, block-maintained. Both stressed Impossibility of complying with the synopsis proviso. "The writers of Hollywood do not feel that the public has a 12-year- old mind,' Block said. 'Bather do they feel, as creators, that they must strain every Imaginative sinew to keep up with the growing -demand of -th7 film public-for-engrosslnc, stimu--|- latlng, window-opening entertain- ment' Praise for the film. Industry was given by Mrs. Francis Flagg, New- tonville,. Mass., who chlded her sis- ter reformers. She favsred . any move to Improve quality of plx, but . said neither, blockbooklng nor blind selling has prevented organize tlons, In which she is active from- discour' aging exhibition of unwholesome features. 'Abolition of the present distribution system would not raise the moral quality,' she asse:ied. Returning to finish his story Mon- day (10), Metro's general sales man- ager, William F. Rodgers, discussed in detail the provisions of the latest trade practice agreement proposal, contending the attempt to adjust dif- ficulties via negotiation makes legis- lation superfluous. He told the solons 'there is no question this code will be accepted', and said that even the exhibs who do not subscribe will enjoy benefits. Even if It is impos- sible to satisfy everybody, the major distrlbs will embody the concessions offered so far in their next season's contracts, he promised, .The arbitration provisions afford sufficient protection for both the public and the theatre operators, Rodgers said. Told lawmakers that even if contract called for 50 pic- tures, every one could be rejected on ground they are offensive if con- vincing proof is offered. That propo- sition is subscribed, to by seven of the 'Big 8,' he noted, «nd was made by the distrlbs 'wlfltout suggestion of the exhibitors or anyone else.' ' 'With exclusion for cause and the possibility of postponing pictures that may be harmful tO' children, they are amply protected from the istandpoint of the public groups,' Metro exec said. No occasion In the future for ex- hibs to complain they cannot, get 'outstanding* films or are hog-tied by dating Rodgers explained. The pact cannot go farther toward -permitting operators to pick and choose, how- ever,' because "the industry could not make enough outstanding pictures to support any exhlbitorsT playing time' It Individual purchases are per- mitted. On percentage deals, ^e proposed agreement provides mate- rial relief, he added. The small theatre has decided ad- vantages under this proposal, which does not give them all the Neely bill provides, but does give nu- merous concessions they never had before,' Rodgers said. 'We have agreed not to take away pictures from the small man solely to give them to the big man. The theatre has reason to expect the product wlU be offered to him again. Sometimes it is not profitable to deal with the small man, but nevertheless we have bent backwards,' Biz Abandiming Forcing Shorts and Score Chaiieres Majors will abandon forcing shorts and disciard score charges. Rodgers promised, even though added cost of sound has meant .'tremendous* in- crease In production budgets. He observed that dropping the score charge will mean $600,000 a year to Metro alone. The pact has been laid before 'every organized body* and accepted by most, committee found out For the benefit of theatre-owners not in associations, it has been printed in every important trade paper. Some provisions are acceptable to Allied, although on a few points they 'want more,* he admitted. - Majority of MPTOA, Southern California Thea- tre Owners, and numerous state groups will go along, he claimed. In winding up, Rodgers fired «t the indie claim that England and United Artists get along selling, films indi- vidually. He told the solons Loew*s contract with UA not only gives no titles, but requires the chain to buy films en masse. 'We have no choice I In the matter; we have no exclusion ' privilege,' he said. The British do have trade showings before booking, he admitted, 'but there Is no selec' tivlty in England.' Only question to be settled when films are screened is the date and price. Admitted the blocks are not as big as In the U. S. Curtailment of production will be Inevitable^ according to Rodgers, If the Neely bill passes. All studios will be forced to wait until product is finished before marketing, and Metro will reduce output 'not less than 25%' as a result He added 'if we're forced to curtai! our produc- tion, we'll have to curtail our em- ployment' Distribution cannot be renovated according to the requirements of the Neely bill, Schaefer maintained, de- nying there is 'any such thing as the Big's.' Compared film lea^big plan with marketing of automobiles, em- phasizing the impossibility of manu- facturing without assurance of an outlet The -producer , has determined in advance that he will make some 50 pictures' during the course of the year,' RKO head explained. Tor these 50 pictures, he sets up a budget running from $10^000,000 to $35,000,-' 000 with the more Important com- panies. Under the provisions of the bill, the producer would be expected to undertake the obligation of a $35,- 000,000 budget and leave the dealer free of any obligation. . 'Unlike the automobile business or, for that matter, any 'manufac- turing business, the theatre does not carry an inventory or a stock of mo- tion pictures on hand. He does not produce the pictures himself. The stock of shows necessary to cany on business Is secured by merely sign- ing a license agreeinent with no in- vestment by the exhibitor, who is the dealer, and pictures are deliv- ered by the wholesale distributor and paid for one by one by tiie ex- (Contlnited on page 27) SAIUNGS April 26 (New York to Sydney), C. V. Hake (Mariposa!. April 21 (New Ypzk to London), Truman Talley, Robert E. Sherwood (Queen Mary). April 19 (New York to London), Sidney R. Kent, Herman Wobber, W, J. Hutchinson (Washington). April 15 (New 'York to London), Sir Gordon Craig, R. Sutton Davis (Aquitania). April 14 (London to New York), Dave Berman (Queen Mary), April 8 (New York to Havre), Mona Barrie, Simon 'Van Lier, Mr. and Mrs. 'Vladimar Golschman, Emll Baum, Herman Busch, Germaine Johnson, John Diarrow troupe, K J, Richter (Paris). April 8 (London to New York), Morris Helprin, WUl Fyffe (Aqui- tania). AprU 7 (New York to London), Lew Ayres, James Roosevelt, Her- bert Wilcox, Sewell Stokes (Queen Mary). April 7 (London to New York) Bobby Henshaw (George Washing- ton). April 7 (San Francisco to Hono- lulu), Harry Brand (President Cleveland). ■ Nedy Needing Sdel^ts Washington, April ii.' Before yowling about monojtoUea of the majors and th« way they are 'compelled' to accept films they don't want the Indle exhibitors should make sure they are above criticism. Sid Kent Jabbed both Nathan Yamins and Sidney Samuelson where it hurt In his appear- ance before the Senate Interstate Commerce Subcommittee. 'I can't go Into Fall River and make Yamins take what he doesn't want' Kent commented. If you went into New Jersey you'd find It wasn't a case of forcing down the throat of Samuelson what you wanted to force.' Char lid TettQehn got one oS~st Yafailns' expense, toor- When the Bay Stater was explaining he'd take care of himself, the Hayser rasped 'well agree you don't need any guardian when you do your buying.' The Women . Four-fifths of the nation's adult women favor the Neely bill and arc represented by approximately a dozen spokesmen, If the claims of the female reformers before the Senate committee are correct Curious press-table listener kept a box score showliig that 50,000,000 women allegedly belong to the organizations on record in favor of abolishing block booking. World.Almanac shows the 1030 census takers found only 60,637,960 women In the country. ARRIVALS (At Port o/ New Yorfc) Felix Aylmer, Arthur Schwartz, Mrs. Ruby Jacob, Jean Drouant Jacques Greber, M. Lechevaller- Chevignard, Pierre MerlUon, Henri Vermeil, Jacques Morane, Benjamin Heifetz, Buster Shaver, Olive and George, Jean. Borotra, George M. Cohan, Elizabeth Arden, Mr. and Mrs. Albert Enders, Grogan Sharp, Jeffrey Bernaed, Maurice J. Wilson, Marie Burke. Otha- Ne ws of htere st to FAns us. CompanieiB in foreign drive page 19 U. S.'"plx and'Aussie curls'. .... .TT.TT.. Page 19 "ClrcIe'-KeUogg execs shift Page 28 E. C. Hill vice-WlncheU ..Page 29 Radio reviews: Joe E. Brown, Kitty Carlisle, Jack Buchanan, Walter Huston, Fred Allen, Mickey Rooney, Jack Benny, Marx Bros, Claudette Colbert Bebe Daniels-Ben. Lyon... .Page 30 ASCAP's $8,100,000 hi 1938 ....Page 41 New Acts: Arthur Tlreacher ; .!..Page.48 Neely's Paramonnt Shares Decline of Paramount's stock Is a sore point with Senator Neely. He owns a batch. Paid top price for the stock, before the crash being In the 80's. So he told the audience at last week's hearings the paper had slumped so much In. value 'I forgot all about It' ' Senator SoiHh's Oacglng Senator 'Cotton Ed' Smith, subcommittee chairman, kept the listen- ers chuckling whenever , he presided over the hearings. - Punctuated the serious testimony with candid observations, such as 'when you go by a theatre on Sunday you can't get a seat, but you go to church and you can't find anybody there.' Coek'e Tow Attending ,the hearing proved to^ be a sort of sight-seeing tour of the Senate Office Buifding. The first two days the committee net on the fourth floor—in the quarters of the Immigration Committee; then it moved down a flight to the Agriculture and.nreiby committee suite; the final, day's proceedings were conducted on the second floor In a conference room. TWO FOR ASTAIRE ON NEW DEAL WITH MG Hollywood, AprU 11. Fred Astalre Is slated for two pic- tures instead of one under his new deal with Metro. Second chore, still undetermined, is in addition to his co-starring Job with Eleanor Powell In 'Broadway Melody of 1940.' Dancer reports at the Metro lot July 1 so fails round-the-world trip is off. Jack Cummlngs produces, Wortzers 25 Yr& at Fox Sol M. Wurtzel, 20th-Fox executive producer, is this month celebrating his 25th anniversary with Fox. Pro- ducer has turned out approximately 700 pictures since 1917. Wurtzel joined the company In 1914 as secretary to William Fox, and was shifted to the Coast studio in 1917. Twenty-seven of the 28 yarns on Wurtzel's 1939-40 production pro- gram at 20th-Fox are set with only the Dionne Quint picture on the doubtful list If a suitable baby story cannot be found, another type will be substituted. O'Brien-Garfield Teamed Hollywood, April 11. Pat O'Brien co-stars with John Garfield in the forthcoming Warners picture. Dust Be My Destiny.' Jane Bryan gets an Important sup- porting part L. A. to N, Y. Lew Ayres. William A. Brady. Pat C^asey. Broderick Crawford. James A. FitzPatrick. Grace George. W. Ray Johnston. Maurice Leo. Ray Milland. Bob Miller. William -S. Paley. John U. Reber. Irving Rubine. Franklyn Warner. Ted Williams. Lew WoUson, Anna May Wong. Ed Zabel. N. Y. to L. A. Max Gordon. Russell Holman. Charles W. Koerner. Leon Netter. -RoBierfTIohtgomery. Ruth Morris. John J. O'Connor Artie Shaw. J. J. Shubert Harry SoboL Judy Start. Irma Warner. Edwin Wei^. WiUiam' C. White. ResfraiDt SiDts hdicagoNow May Peter Out Chicago, April 11. With apparently little progress behig made In .the two restraint suits now pending In Federal courts here, it Is Indicated that both law squabbles will go up In smoke. Par- tlcuhirly does it appear that the suit of the Indie exhibitors against Balaban & Katz and the major dis- tributors will peter out with the Indie exhibitors themselves evl* dencing a growing disinterest In the entire affair. With double features and protec- tion as their prime objections in their suit the exhibitors are now indicating that they have no basic objection to clearance, and, with the theatres going Into triple and quadruple bUllngs, double feature exhibitors a>e looked upon as ultra- conservatives. Exhibitors are agreed that some clearance setup is .necessary for the efficient and practical operation of the industry, and therefore cannot discover Just what clearance can be set up for all situations. They are beginning to agree that the clearance and protection arrangement cannot be put down In black and white, but must be figured separately for each situation, and particularly that clearance and protection can be set up sensibly only by people in the business and not by someone outside the industry. Examine CA Examination before trial of Harry J. Muller, United Artists treasurer, and Edward C. Raftery, UA attorney, by special U. S. Assistant Attorney Cieneral Robert L. Wright has been concluded In New York, except for a "possible recall after the Govern- ment has read the testimony. Hear- ings meantime adjourned till Thurs- day (13). Examination started last Thursday (6) with representatives from most major companies present Informa- tion elicited was far from important United Artists refusing to answer any leading questions. The Government sought to' secure Information linking the corporation to production and financing of its producers, but this was not allowed .tOL.be. answered. — . Muller's testimony covered the structure of the corporation, the du- ties of its officers, operations of ex- changes, etc. Information covering the financial statements of UA, and Its annual reports, was denied on the grounds that such Information Is personal, as the company has 20,000 shares pt conunon o.utstand- Ing divided among Its five .ownei&- .