Variety (Apr 1939)

VARIETY PICTURES Weanesdaj, AptH 12, 1939 HALF A LOAF THEORY PREVAILS AMONG EXHI6S FAVORING REVISED TRADE CODE Allied as a Group Agin' It, but Individual Indies Like the Concessions—'Better Than Nothing/ General Attitude—Reservatioiis Made for Future . On the premise that "half a - loal Is better than none,' but with the teservation that the right to seek ad- ditional reforms or concessions in the future will not be denied them, the majority of the country's exhibi- tors are expected to speedily accept the trade practice code, now offered by the distributors. Tliis may very likely Include exhibitor members of Allied States Assn., although as indi- cated. Allied will not consider ac- tion on the new. draft submitted. The executive committee of Allied States considers it is without power to consider the final draft drawn and submitted because there is no l)rovision to cover abolition of block booking, blind selling and producer- owned circuits; also because a reso- lution passed by the Allied board Is to ttie effect that any proposals, to merit consideration, must contain all the details -of arbitration. Allied will not convene its board of directors in ' special meeting to consider the trade practices code, as drawn,' the or- ganization also informs. Although the position of Allied' is a disappointing one for the distribu- tors, it is expected that the Motion Picture "Rieittre Owners of America and other exhib bodies, possibly some that are affiliated with Allied, vriU accept the - draft with reserva- tions or tentatively. In view of the 10 to 20% cancella- tion privilege, arbitration proposals and lesser features of the plan, gen- ■ eral exhibitor .opinion, including among leaders in exhib politics. Is tiiat while greater reforms might be desired, what is being given now is vrell worth taking as a starter. .The presumption is that if any Allied member wants to contract for ' 1939-40 film under a contract em- bodying the proposals of the trade practices code, he will be free to do BO, regardless of whether the Alil<!<l exec committee and board refuses to accept it V.hether or not Allied ' may indicate to its exhib members that they may accept the pact, as ' individuals, is not known in the face of determination by Allied leaders to disregard' the plan, in the face of ' their fight against block booking, blind selling, circuit ownership by distributors, and for arbitration 'Which includes the details of the machinery to govern it Because of the Allied resolutions which preempts that national or ; ganizatiou from considering the trade practices code, Allied's execu- ; tive committee has voted unani' Bibusly to appear before the Inter state Commerce Committee o< the Senate, and before the House com- mittee, it hearings are held, in sup' port of the Neely bill. Ed KuykendaU, president of the MFTOA, and other exhib leaders are taking the other side of the fence in opposition .to the Neely bill. Among these is Frank Cassil, president of the Missouri-Kansas Theatre Own' ers Assn., who stated Sunday night <9), before leaving for Washington, that he would argue against the Medy measure. Cassil added that he Is in favor of the trade practice pact, . ss now drawn, and his organization will probably approve it. 30% Cancellation Liked Although provision for some suit' able form of arbitration is felt to be an important step forward, the abnity to reject up to 20% of pic tores contracted when the rental averages less than $100 is interest- ing Cassil as well as other exhibs. There is no change in exclusion privileges when the rental averages over ^0, the 10% cancellation rc' mrlning the same. KuykendaJI, now in Washington Is expected to reach New York Ghoi'tly, at which time he may indi- cate MPTOA's acceptance. Pact is in the hands of this national outfit's directors, same as with local bodies. Irc'^oendent Theatre Owners A.s5n. of rf.Y, of which Harry Brandt is president, may take action at a meet- • ln.s; to be held today (Wed.). ITO of Southern California Is ex- pected to accept the draft at an early date, while the MPTO of Ne- braska-Western Iowa and the MPTO of Virginia have given it executive approval. Allied Theatre Owners of Iowa St Nebraska and the Inter- jnountaln Theatres A'ssn, of Utah may also take early action, together with other liidie bodies which will recommend the pact to its members for use in buying the new season's (1939-40) pictures. Even If some organizations may reject the pact in whole or part, re- fusing to endorse it, all individual exhibitors will be offered the pro- visions as part of the 39-40 deals when the salesmen come around- Thus, the position of the distribu- tors is that even if Allied States has turned thumbs down on it and others may follow suit, through wanting changes or for other reasons, those exhibs that do want the pact em- bodied in their contracts may have it A majority of the country's ac- counts, in that event, may buy under the new trade practices code while a minority may not The following year, however, those that snubbed their noses at « 10-15-20% cancella- tion and other provisions may regret the advantages enjoyed by competi- tors who took the 'half loaf' handed them this season. The provisions for arbitration would apply only with respect to those ' accounts which signed contracts under the trade practices code. committee on the back for a good ' job. j Although they believe the code should be immediately adopted, ex- hibs' consensus is 'that it should I really only be a starting point That j is, after it has been In effect a short time, they believe the trade practice meetings should be resumed to . reopen the code and gain inore advantages. In the absence of punJab Sid Sam- uelson, Allied officials were timid to venture for public constuiption whether they thought the code good, bad or In'dlfferent Majority of execs hesitated to say they had even read It United Motion Picture Theatre Owners, in a statement by President Lewen Pizor, came out flatfootedly in favor of the draft. CoL's 3 RegwDal Meets; A. C, May 8-11, First Columbia Pictures will hold three regional sales meetings on the '38- 40 product lineup. First convention gets under way In AUantic City on May 8-11, the other two meets are Chicago, May 14-16, and Los .An- geles, May 20-22. Total number, of pictures to be produced will not ^ be made public until Abe Montague and Jack Cohn address the delegates in AUantic City. Approximately-the same num- ber of films produced for the '38-39 season 'Will be released next season —40 features, 16 westerns, 126 shorts and four serials. Col«. Body Approves Denver, April 11. nieatre owners and managers of Rodky Mountain region through a committee appointed - by President Charles Gilmour Indorsed in -effect the proposed Fair Trade Practice act They feel that what differences remain can be 'worked out through conferences, .^nd -sentiment is that an amicable agreement is to be pre- ferred over Government interfer- ence. Exhibitors thoroughly favor equit- able system of arbitration. Organ! zatlon reserves the right to enter into negotiations to obtain further equit able adjustment of differences. Neb.- la. MFTO Endorses Omaha, April 11' C. R Waiiams, president of MPTO foi Nebraska and western Iowa, ex' pressed pleasure with the proposed Industry trade practice draft submit- ted to exhibitor organizations last week. 'It is by far and large the best thing we have ever had,' he said. Time and an application of the agreement will probably bring some modifications, but as a whole it is what we want' DON WOODS, MISS AMES SET IN BRITKH FILM Hollywood, April 11. Frederick Brisson, London agent in Hollywood for the past month, has set Donald Woods and - Adrienne Ames for leads in British production of 'First Episode.' Players leave for London end of this month. Percenter has a deal on with .Para- mount to import WUl Fyfe, British character actor, to HoUyweoid for one picture and possible option. TilUe' as Pic Series Hollywood, April 11. Republic has closed a deal with King Features Syndicate for-a series of Tillie the Toiler' pictures, based or. the cartoon strip by Russ West- over. Only one picture in this series v.-as announced at current Republic Convention, with more to follow if first one clicks. Deal was handled by William Saal, for Republic. "Wothering' Sli^ From Music Han to N.Y. Rhroli Jazzes Up Nat't Ads United Artists' national magazine campaign on Samuel Goldwyn's 'Wuthering Heights,' which is costing approximately $100,000 and designed to reach some 40,000,000 circulation, occasioned some quick maneuvering around, when the picture was 'fiold away from P^dio City Music HalL Full page ads in color are breaking currently in such magazines as Sat- evepost, Ladies Home Journal, Mc- Call's and the American Weekly the first three weeks in AprlL Ads in these magazines, involving approxi- mately 2,700,000 ckculation, carried an announcement of the Music Hall engagement When decision was reached two weeks ago to shift the picture to tiie Rlvoll. N. Y., AprU 13, it was too late to diange the ads shaped, to concentrate on the Music Hall open- ing. To cover one situation thQ American Weekly on Sunday (9) ran a two-column correction in the N. Y. Journal-.American on page 2. 'Wu- thering Heights' ad in American Weekly cost UA and Goldwyn $16,500. PAR WOfTT CUT SCHEDULE; 60 TOGO TTTT AT THE S3SINS Hollywood, April 11. History takes another ride in a 15-chapter serial, 'Overland with Kit Carson,' to be produced by Jack Fier for Columbia. Cllffhanger will featur* Gordon EUlott and Iris Meredith. Hollywood, April 11. Barney. Balaban announced' ' on BSonday (10) Hiat Paramount will again-tum out 60 feature productions for the coming season. Decision not to cut the number of pictures - this year 'was made de^ite heavy trade losses abroad in dictator countries.' Balaban, Stanton Griffis, Neil F. Agnew, Edwin L. Weisl, Russell Ho<> man, Leon Netter and Robert II Gillbam were among party of Par- amount executives who arrived here on Monday (10) for product discus- sions with studio officials. Eastern contingent remains here until Apirll 24 and then joins the Cecil B. DeMiUe 'Union Pacific' trek ■to Oinnaha for world premiere of that picture April 28. . blscusslng the ouUook for next year, Balaban states that production budget for the "39-40 product will ex- ceed that spent by Paramount for the current season output The Par- amount proxy expressed confidence in ability of the company to exceed the gross business experienced with the '3nS-39 lineup of pictures, basing expectations on the plan to give com- pany's films a special appeal for English-speaking and South Ameri- can countries. Balaban looks for no curtailment of studio personnel and activities due to- current war scare and loss of foreign business. Since the new pro- gram o^'pictures will concentrate on markets friendly to the U^ S. present business losses In dictator-ruled na- tions will be overcome, and there will be no necessity for cutting. 6 'Weeks In London ^ London, April 11, Samuel Goldwyn's production of 'Wuthering Heights' has been booked for' at least six weeks at the Gau- mont Haymarket theatre, starting April 26. Agreement, which carries no 'shutout' clause, was consum- mated by Arthur Jarratt of Gau- mont-Britlsh, direcUy with Gold- wyn, Convention After All On and off for two years now, there may be a Paramount theatre convention, after all, at:an early date with Barney Balaban presiding land department executives as well as theatre partners and their associates attending. The convention may be held in May in Texas, probably at Dallas, headquarters of the Interstate and Robb & Rowley, circuits, partners in the Par chain. COWAN Wni PRODUCE SINC LEWIS' 'ANGELA' Record Year for Aidi-Pix Attacks; Legal^ Legislative, Nationalistic NW Indies Like Cede ' Minneapolis, April IL While Northwest Allied States members. Including its president W. A. Steffes, are refusing to l>e inter- viewed relative to the new industry code, many of them are saying privately that it should be gratefully accepted. Because of the national Allied States' refusal to approve the pact they'll not voice any opinions for publication, there apparenUy be- ing a 'gentiemen's agreement' among them to withhold comment and abide by the national organization's stand. At the same time, the majority ap- parentiy are well satisfied with the results obtained and they make no bones—privately—in letting it be known that they're getting more than they expected. Harold Field, owner of a large circuit of Iowa theatres and building a new $150,000 suburban house here, has come out openly for acceptance of the code. 'It's a move In the right direction,' says Field, who is not a Northwest .Allied member, 'and its adoption should benefit the entire industry. Through experience gained under its provisions, conclusions can be reached regarding other changes that may be necessary. Every branch of the industry should be the gainer.' Philly Zone OS's Code Philadelphia, April 11. New draft of the trade, practice code has the approval of the great majority of .exhibs in this territory. Although they believe that it Is far from perfect, they are of the opin- ion that considerable gains have been won -and are ready to pat the Current year probably will go down in the records as the one in which the industry was the target for the greatest number of attacks, both from the legislative sector, from independent organizations, other em- batUed associations and the Federal government. This does not take into account the lambasting received from various foreign nations in the form of restrictions, higher taxes, quotas and absolute bannings of prod- uct Film business never was faced with such a sweeping civil anti-trust suit while being confronted in vari- ous key cities with other anti-trust suits and claimed damages runiiing into millions of dollars. Heretofore It either was one big court action or a few waller suits. On the legislative front Introduc- tion of some SOO different bills di- recUy or indirecUy affecting the film industry has marked the current 44 state legislature sessions. The sweep of measures proposing divorcement of theatres from distributors, or at- tempting to include theatres in chain store laws, has marked the conven- ing of solons. Number of proposals for censorship also has hit a new high. It is too early now to appraise the extent"ot-new laws or the 'dam- age done. Neely and the Code Presently the Industry's attention is focused on the Neely anti-block booking bill on. which hearings 'be- gan this week in Washington. Major interests feel that it would, alter the entire distribution setup of the busi- ness, but Independents are clamoring tor it as a means of ducking present block-booking, as it has been known in recent years. Race between the picture business' fair trade practice parleys in order to frame a list of industry reforms, before actual hearings began on UTe Neely bill, resulted in the trade prac- tice regulation framers beating the industry reformers (by statute) by a couple of days. Whether or not the bam door was locked after the horse was stolen (the industry put its own house in order) probably will be de-. termined during ensuing weeks, as the Neely bill advances for vote In the two houses. Neely bill passed the Senate last year, but never came to a vote in the House of Representatives. Inde<r pendents, however, are beating the tomtoms louder than ever this year, and there have been so many squawks registered with legislators in Washington that a showdown is expected. Much depends, industry leaders, believe, on whether Wash- ington solons can be convinced that the new trade reforms -will be placed in active operation at once, and whether they will remedy the al- leged evils the Neely proposal aims to cure. Legislative decks were cleared off in four or five more states during the last 10 days, leaving less than 25 state legislatures^still in session. This means to'lhe trade that only about 300 measures affecting the' industry still remain to be brought up for vote, this year. At one time there were more than 500 bits of legislation pending In the 43 states having legis- latures In session this winter. Probably 10 more legislatures will wind up their work by the middle of this month, while Florida first opened its legislative session 10 days ago. Hollywood, April 11. Ijester Cowan has signed a pro- ducer deal with Sinclair Lewis to handle the pictures for his unit First Is 'Angela Is 22,' with Lewis repeating bis stage role. Associated with Lewis in the film enterprise Is John' J. Wildberg, who produced his play. No releasing deal set Parro 'Irish' Washup HoUywood, April U. Frankie Darro winds up his four- picture contract at Monogram with •Irish Xuck.' Mary McC^arthy is doing the screen play from an original by Charles Molyneux Brown. Stndio Contracts Holljrwood, April II. Ray Milland inked three-year con- tract at Paramount Warners signed Robert Prinz, actor. Paramount handed player ticket to Susan Paley. Al Friedman penned scripting deal at Metro. 20th-Fox pacted SUnley Rauh. scripter. Spring Byington's option lifted by 2OU1-F0X. Leon Schleslnger signed I. Freleng as cartoon director. Barbara Reed inked player pact at RKO. Paramount contracted Tom Coley, actor, Florence Creorge signed by Metro. Ben Hecht handed new Metro writing ticket Metro handed player pact to Doro- thy Humel. Metro lilted Carey Wilson's three- way option as producer-writer-com- mentator. Warners renewed David Lewis, associate producer. Metro picked up Its option on Spanky MacFarland, moppet