Variety (Apr 1939)

to VASmTY nCTORES Wednesday, AprU 12, 1939 piloses Strike Move to Land Its Own Men Into Empnre Boodis, But Wins Screening Room Increase ANSELLS-F&M ST. LOO POOL OFF After thwatening distributors to refuse film service to around 75 New York Independent theatres that- it couldn't land for its members, and, accepting completo defeat on that count, Local 306, Moving Picture Machine Operators of N, Y., has settled its strike on another ground. It's « mild victory with respect to getting more money for operators in home office and exchange screening rooms. Original strike embraced lat- ter angle, Ops went back to work Monday morning (10). To just what extent this victory adds up, as against defeat in its ma- jor objective to knock off the booths using Empire operators, is' a ques- tion. One of the conditions which appear to have been Imposed by both Local 306 and distributors in effect- ing a settlement, is an agreement not to officially announce the terms of settlement Ops went back to work Moiiday morning (10). Fearing that interpretation over one point in the settlement of the strike might create difficulties,- dis- tribs and union executives asked C6mmissioner Arthur S. Meyer of the N. Y. State Mediation Board to ^t in as arbiter with-them at a meet- ing scheduled for yesterday (Tues- day) afternoon at 5 p.m., but subse- quently indicated that they would no doubt be able to ajgree among theni- selves and - wouldn't need Meyer. Latter as result did not attend. Is- sue over which -agreement had been reached over the weekend, but over which some question arose yesterday, was declared not to be of sufficient importance to require Meyer as a mediator. VHien the operators walked out of screening rooms it -was without re- gard to negotiations for the increase now granted or as result of any ul- timatum that if demands weren't ' met the strike would be pulled. There was -no opportunity to ne- gotiate that matter, althon^ claimed the, ops had been .promised, raises and were being stalled on. the mat- ter. Real reason for strike was Em- pire situation.'' Aside, from, other angles and the spot: 306 was placed in when the Department of Justice ruled its strike to be illegal. It is known that oper- ators have been -getting varying amount; for working in screening rooms, with result that if a uniform scale of $87.50 a week is to-apply, the boosts will be more in some cases than others. In all cases the increases granted now are retroactive to Sept ^ 1. 1837. ^, At that time operators in theatres were earning $76.50 a week. This had represented a cut of 10% in 1932 fi-om a weekly scale of $85. When the ops, in the theatres were given a 10% increase on $76J0, their scale was raised to $84.15 on a six-day basis. After that occurred, the op- erators in screening rooms of dis- tributors complained that they also should get tiie 10% boost In various cases this incregM to $84.15 was granted during flie winter of 1937-38, while, in others it assertedly 'wasn't About two months ago the operators at 20th-Fox, numbering 14—the high iai any company ■ in number _ em' pldycd-^-struck. for a boost and' for about a week picketed '20th's h.o. and newsreel studio. A 10% Increase was granted these operators, all of -whom work only five days a week, bringing their pay for that period up to- $76.50. For a six-day week -at 20th-Fox the recent 10% increase would have brou^t the pay up to around $81, as compared with $64.15 - in ' some bUter screening booths. In some companies, on the other hand, the operators never got an increase on top of the 10% given all boothmen in Uie theatres, as well as. shortly latterward in some prO' jecUqn rooms, Thus, for luilformity of scale, the -salary 'Increases and the amount of - retroactive pay to Sept 1, 1937, that is to be pald,.wai vary according to what various com- I>anies have been paying. New pro Visions for scree ning rooms nus to "—Sepnri64DrRTirdecIireff. " " '■• U% -BetrMoUvo Where increases to $84.15 for 6i^i-day week' oeCUraM in the -winter of 1037*38, the boost of 10% was paid at that time retnaistlvely to Sept 1, v/ith. result in certain cases now, if there ii to he any refi«actlve 'p&^ to that date, it wiU. not be luge, E^tributor and ielrcuft ropresenta 10 p.m. Friday night until 4 a.m. and again froiA ll ajn. until 10 pm. Sat- urday, with operators and exchange -workers going back on the Job Mon- day morning (10). A recommendation was made to pay the exchange workers their sal- arite for the two weeks they were out of work in connection with a fight that did not concern them in any particular but was enUrely for the benefit of Local 306. Whether or not the "backroom boys' will get this two weeks' salary or not is up to each individual company. Ex- change employees were out of work because they couldn't cross operator picket lines, although why Para- mount and 20th-Fox branches were picketed when they don't" employ operators anyway, was never ex- plained. All other exchanges have their own projection rooms. The decision of the exchange workers not to cross picket lines Mardi 27 was reached by this union's executive committee headed by Lou Johnson^ president, at a meeting held at 306 headquarters. While oidy around 75 operators, working in screening cubicles were affected 1»y the strike, around 30O exchange workers were thrown out of jobs for the two weeks. They receive a minimum of $24 a day for day work, $26 for night work and a maximum of $88, compared with an aVeirage for ops that is nearer the latter figure. - The contract of the exchange em- ployees union. Local 51-B, a t-wo- (Continued on page 47) TOTACT' APPMiiP AGAIN IN N.Y. STATE St Louis, April 11. The joint booking and manage- ment pact between Fanchon & Marco interests and the Ansell Bros., which has been, in effect for two years and which involves four nabes, will end May 29. The contract which con- cerned the AnseUs' Ritz and Varsity and F&M's Shenandoah and Tivoli carried an 8-week cancellation clause. Ansell Bros., who additionally own and operate the Empress a midtown house just around the comer from FfitlVTs 5,000 scater Fox, are planning to increase their holdings in th.e lo- cal nabe'field by building or leasing three additional houses before the end of the year. Ansells will re- suine the bookings and management of their three houses as indie op orators and the Shenandoah and Ti- voli, which are part of the St Louis Amusement Co. -chain that is op- erated under F6cM management re- turns to. the amusement company, Reports have -been current on film >w that major pix distributors would be much happier if the An- sells and F&M were not working to> gether. THEATRE'S CLOSING HITS ALL LOCAL BIZ Albany, April 11. A new move 'is on in-the long fight to obtain a license for the exhibition in N^w York state of 'Ecstacy,' the foreign-made picture with Hedy La- marr. -Eureka Productions, Inc., rer cently submitted a 'reconstructed 1930 version' which, the company claims, eliminates much of the objec- tionable material that successively led the'motion pictiuf division of the State lUucation Department Dr. Frank P, Graves, education commis- sioner, and the Appellate Division, Third Department to turn thumbs down on the feature. Further cuts could be made. Eureka indicated in an appeal filed with the Board. of Regents after Director. Irwin Esmond again rejected the film. In his answer, Esmond declares that the present version is 'substan- tially the same' as that reviewed by the Appellate Division in September, 1937, and thereafter in an unanimous' decision held to be objectionable widiih'the meaning of section 1027 of the Education Law. Reported that the M. P. Division doubts whether 'Ecstacy' could be revised in su6h a inanuer It would be licena- able; virtually the entire basic parts of picture woidd have to be snipped. The ntlde isequence was the one which' atfrdcted thef widest publicity. Syracuse, N. Y., April It When a recent $30,000 fire forced closing of the town's sole pictture house, the Palace, for a period of two months, stores in the nearby suburb of Beldwlnsville, particu- larly the smaller shops, grocerl^ confectlonaries, ete., noticed, marked decrease in business. Sudden cessation of country folks who used to flock into the village of nights to see the flickers, particularly affects these shop-owners. Even restau- rants are suffering Saturdays, as the farmers used to get In before dinner so as'to be sure ot getting a seat in the theatre when banko ran that evening. The letting of contracts for repair of the theatre, therefore, is watehed as a matter of communi^ interest in the village. Rubens' Cartoon Tnuler Idea to Attract the Kids Jules J. Rubens( operator of Great States Circuit, out of Chicago, left New York Monday (10) after confer- ring with Barney . Balaban, -Leon Netter and other hgme .office execu- tives on operating matters. Rubens has a new stunt under consideration for a theatre program, pointed for kids, that will Include a series- of comlQ strijp!' cartoons much the sanie as. used by newspapers, with. im< printing of. current or coming. bills for ad value. Great States will test it out flrsi Cieorge 'Trendfe, operator of the United Detroit group for Far, was also In during the past week to dis- cuss theatre problems and other ' mulius. • -~ Evetett ■ Crosby Sued Lbs Angeles, April 11. Everett Crosby, agent, was sued for $2;S0O by' NBC Artists Service, charging arriears on a contract deal Involving Florence <aeorge. PUlntiff .. claims Crosby bought vwi-iiv.w'"* —• Miss George's xontraot for $7,500, but tives wrestled with union men from | paid only $5,000. Film Paradito Hollywood, April 11. Heaven has replaced Hell as a locale for film titles. 'Hell's Angels,' 'Backdoor to Hell' and others of similar tem- perature are being cooled off by •East Side of Heaven,' 'Back IJoor to Heaven,' 'Heaven on a iShoe- string,' 'Heaven With a Barbed Wire Fence' and 'An This and Heaven, Too.' NEW INDIE OKLA. BUYING POOL SLOWS BIZ Disney, Stold Soed In Phillr, N. Y. Suit On'SiiowWliite'Soiig Philadelphia, April 11. Suit against Walt Disney, Leopold Stokowski and others, charging plagiarism of ideas, has been filed in Common Pleas court here by a young Philly advertising man and amateur violinist Injunction is .asked to restrain recording now go- ing on of the Philly Orch for a new Disney cartoon feature and an ac- counting of any profits derived from use of the idea. Mark S. Tutelman names as defendants, in addition to Disney and Stoki, Disney Produc- tions, Ltd., Philadelphia Orchestra, RKO and Deems Tbylor. RKO dis- tribs Disney cartoons and Taylor is doing the running commentary on the new feature. ' Tutelman alleges that 'in 1024 he got the idea for a plan to synchron- ize music of classical renown with animated cartoons which, would de- pict a story in the composition se- lected.' He said that from 1924 until 1937 he wrote numerous scenarios for' this purpose, including 'Nut- cracker Suite,' 'Danse Macabre' and 'Sorcerer's Apprentice." On March 30, 1937j^^at Stoki's re- quest, he declares, he "mailed him' for bis confidential perusal scenarios of 'Nutoracker' and 'Macabre' with a letter 'setting forth detailed plans of production and pointing out com- mercial possibilities.' He claims he never got an answer and the condiM- tor still has his scenarios. He main- tains that Stoki gave tiie idea to Disney for the musical cartoons and that the plan now being' used is his- Orch is now recording 'Sorcerer's Apprentice' and 'Nuteracker,' and Tutelman asks an accounting of -any profit derived from these. Copy of the Mtiladelphian's original letter to Stoki is attached to the brief. Oklahoma City, April 11. Independent exhibitors over the state are being urged by backers of the new indie buying i>ool now be- ing formed to.withhold buying any. new product until they have an op- portunity to discuss any and all problems in a . group meeting to be held here in May. Exchanges have noted the effect of the buying hold-off by leading in- dependents and are exerting extra effort to sell the product deals now, believing formation of the pool will make prices even more debateble. Leaders of the pool deny this, how- ever. They point out that it Is their belief the present prices on product prevailing in Indie deals are satisfac- tory providing their competitors, the circuits, pay the same prices and have no advantages in clearance over them. They have stated that it will be their aim to hold these prices only if distributors use the same fig-. ures in dealing with their circuit- competitors. Should this not be done it is understood that the indie buy- ing t>ool will then seek to secure, lower prices and. percentages in alignment with figures prevailing for circuit-controlled houses. JOHN MAY/OF SCHINE, NAYBEABANKPREZ Newsnebnan's $9,000 Award Vs. March of Time A jury before N. Y. supreme court Juctioe. Timothy A- Leary, -Friday (7), awarded Harrison Forman, March of Time cameraman, a $9,000 verdict In a $35,000 suit against Time, Inc. He was in Cliina in 1037 when war .broke out Japan invad- ing. Time accepted his c^le offer to cover the war, agreeing to pay only for what was used. Justice Leary, at conclusion of the trial, denied an application by Time to set aside the- verdict, as well as one by the plaintiff who also sought it set aside on the grounds of being insufficient Louis de Rochemont prez of March of Time; testified that the $2,000 paid Forman for the 156 feet of China stuff used was above the previously understood figure of $3- $5 per foot Pathe Film testified also that Forihan was offering to peddle the rejected film around the trade.. Fanny Holtzmiann, for Forman, In- troduced cables from de Rochemont to Forman that the stuff was 'swell, exciting, thrilling,' and that M. of T. had failed to reject it in time, only using the 156 feet in the September, 1937, release of the newsreel. Salt en 'Snew 'White' Seitg Modest -Altschuler has filed a N. Y. supreme court suit against Walt Disney, RKO Radio Pictures, Irving Berlin, Inc., and Frank Churchill charging the plagarism of his 'Russian Soldiers Song' In 'Whlstie While You Work,' part of the 'Snow White' score. Damages of $250,000 are sought as well as an injunction against the picture, and an accounting of profits. Defendants' answer is that Alt- schuler's song was never copyrighted and hence in the public domain. Syracuse, April 11. Upstate theatrical and banking cir- cles are still buzzing with reports current ini' Syracuse that John A. May of Ciloversvllle, comptroller of Schine Theatres, Inc., had been of- fered post of president of the Lin- coln National Bank tt Trust C^., in Syracuse. Directors of the b^nk have been seeking a president since death of late William T. McCaffrey. May is widely known upstate, hav- ing been a candidate for.^tate comp* trolfer last November on the state Republican ticket May is reported willing to accept the post at a salary of $25,000 annually, provided he li given chance to buy certain stock. Metro Scribes Droop Hollywood, AprU 11 Metro's scripting staff is down to 80, Idwest.flgure in six.years. Roster usually nms well over 100. 'Latest to check out were Brown Holmes,' Florence Ryerson and Edgar' Allan Woolt Three writers, Elliott. Gibbons, Wellyn Tottman and James Webb, checked off the Republic lot with their chores done. Gibbons screen- played Tlight at Midnight' and Tott- man and Webb collaborated on The Girl from G6d's Country.' Warners Sets Quintet Of Pix for EarSy Start Hollywood, April 11. Starting dates 'were announced for five pictiues between now and June 1 at Warners, beginning with 'Nancy Drew and the Hidden Staircase' April 17. Untitied Secret Service feature rolls April 20; 'Hobby Family,' May 15; The Return of Dr. X,' May 25, and 'Hit and Run,' June 1. Cite Baker-Riser's Chain On Labor Contempt Chge. Supreme Court Justice Ferdinand Pecora, in N. Y., Monday (10), turned over to Referee- Harry C Kane an application to punish for contempt the United Long Island Theatre Corp., the Cross Island Amus. Corp., the Northern Amus. Corp., the Laurelton Amus. Co., Inc., Linden Operating Corp., and tii* Merrick • Gables Amus. Corp., brought by the New York State La- bor Relations Board. Seven theatres are involved, all operated by Sam Baker and O. Riser of the' United L. I. Theatre Corp. This board on April 4, 1038, or- dered the defendants to cease mak- ipg it obligatory for a projectionist to give up membership in Local 306 before he could obtain employment It is alleged that the -defendants have failed to comply with the order. O'Connor's Coast Visit On his first trip to Hollywood since becoming v.p. and gen. mgr. of RKO Theatres John J. 0'0>nnor left Friday (7), in company with Charles Koerner who assumes command of the Pacific C^oast division of the RKO chain, formerly handled by Cliff Work. Koerner is shifting from the Boston territory. O'Connor, going and returning, Is making some stops at points where RKO operates theatres. DOUBLE BLOW HoUywood, April 11. Rushing work on 'Gone With the Wind,' David O. Selznick is sending a second unit to CMco tomorrow (Wed.) to shoot exteriors, with Ches' ter Franklin directing and Wilfrid Cline handling. Technicolor. ' Latest' addiU6n' to the - 'GWTW troupe is William J. Scully as unit manager. STORY BUYS Hollywood, AprU 11. Monogram bought 'Death Hops the Bells,' mag yam by Charles Moly- lieux Brown. Edward Small purciiased the H. G. WeUs book, 'Food for the Gods.' Walt Disney acquired T. H. 'White's 'Sword in the Stone' for cartooning. Hugh Wiley sold four more 'James Wong stories to Monogram. Republic took over screen rights to Achmed Abdullah's 'Storm Over Bengal.' RKO bought Oliver Drake's 'Along the Rio Grande.' Rita Weyman sold 'Headline News' to RKO. Monogram - purchased 'Son of the Navy.' by Grove Jones and True Boardman. (^rey Ford and Alastair MacBain sold the'ir mag story, 'Maluk' to Far- amount Larry Damiour-putchased 'Crimi- nal at Large,' by mc Tayloir. Hal Hudson and Kenneth Earl sold 'Opened by' Mistake' to Paramount Republic bought 'Seven MUllon Dollars,' by Sinclair Lewis. Atlas'acqulied Dick Barb's western yarn, 'Midnight Rider.'