Variety (Apr 1939)

VARIETY PICTURES Wednesdajt April 19, I939 NEELY TALKATHON ENDS ITS WEARY COURSE; MUCH BfTTERNESS THROUGHOUT ]Wind8 Up Monday (17) with Only Its Sponsor at Hand—Myers' Offer to Modify—Second Week of Hearings Spotlighted by Recriminations Washington, April 18. Changes to meet the chief objec- tion of opponents, and warning that there will be a lively fight if Con- gress does not keep hands off the film industry, closed the Senate Interstate Commerce Committee's talkathon on the Neely block booking bill Monday (17) after bitter name-calling during the latter stages. With only Senator Matthew M; Neely on hand for the close, there was no bint how soon the subcom- mittee may stage a showdown on re- porting or shelving the perennial headache for major producer-distrib- utor companies. During most .of the time less than a quorum heard the testimony, which was more vol- uminous than ever before. Offer to modify the "section aimed at blind selling came from Abram F. Myers, counsel of Allied States Asso- ciation, during rebuttal in which he scoffed at contention the industry will be ruined if block selling is out- lawed, and insisted the distributors' trade practice proposals do not meet the needs of exhibitors and the pub- lic. Previously, Charles C. Fettijohn, general counsel of Motion Picture- Producers and Distributors of Amer- ica, summed up the opposition argu-; ments with a polnt-by-point analysis of the claims of bill's backers, insist- ing that 90% of theatre owners side with producers and distributors in protesting the legislation Is unwork- able and injurious. Personalities entered the proceed- ings with increasing frequency dur- ing the second week of committee listening. Parade of Motion Picture Theatre Owners of America members, blasted Allied spokesmen. Several women opponents of the bill ques- tioned the intelligence and sincerity of sisters who previously urged pas- sage. Myers and Fettijohn, as well as Mrs. Mary T. Bannerman and Miss Catherine Lyford, field marshals for the women.'s organizations siding with Neely, kept firing sarcastic re- marks at each other and interjecting interpretations or hostile comments, and Senators Neely and Wallace H. , White, Jr., had a heated exchange ' which later was blue-penciled from the transcript. Warning that Senator Neely will not have as easy a time as he did last year if he gets his legislation on the calendar—which is widely doubted—was tossed out subtly by Senator Sheridan Downey, new California Democrat, who appeared in the role of typical film fan and praised the Industry. Relating that he, his wife and his five children have been eager theatre patrohs for years, Downey credited the' films with material improvement in the past five to 10 years, declared he never knew a parent who believed his offspring were in any way in- jured by pix, and told Congress to keep hands off the industry. Senator Downey Would Let WeU Enough Alone If the movies at the present time are improving, should not serious consideration be given to leaving it in their hands,', he Inquired. With remark he Is "iamazed' at growth and accomplishments of the business, Downey reminded Senator Neely that exhibitors sire going to keep on giving the people what they want to see and the public is likely to keep on attending the pictures it now patronizes. Morals and taste cannot be bettered by upsetting esr tablished trade practices, he said. Persons who have been boosting the bill 'are being led astray by their own idealism,' he'remarked. Irked by claim the bill is sup- ported primarily by uninformed per- sons, Myers recalled the repeated controversies between indie exhibs and major distribs and insisted that opponents of the measure—who pointed to 'clianged conditions' since the - 1936 heari ngs—:have presen ted IRfle new'testtmony whicn cannot'Ee overcome by minor adjustments in phraseology. At the last moment he advocated rewriting of Section 4, which originally required a 'com- plete and true synopsis' as part of every license agreement. ' Tacitly agreeing with, producer spokesmen' who said the section aimed at blind selling Is filled with dynamite, the Allied leader said ex- hibs -would.be satisfied with 'an ac- curate' syhbpsis which gives 'a gen- eral outline of the story and descrip- tions of the pricipal characters.' Also suggested the committee add re- quirement that distributors furnish prospective customers in advance with information about 'the type' of film and the way the studio has handled 'questionable subject matter.' Trade Practice Code No Cure^ Says Allied Plea that loss of Etiropean markets ha:, injured the industry to the point where. Congress should be cautious about taking any action which would lL.flict monetary wounds merits little consideration, Myers said. Industry admits It expects to recoup in South America, be noted, while there is no concrete proof how the bill would cause. damage except to the extent it would remove monopolistic power f-om the hands of the majors. The trade practice suggestions, some of which are very desirable, wUl not cure the situation about which Allied has been squawking for years, committee was told. Condi- tions attached u the proposed broad-, er cancellation clause nullify much of the offer, while the principle of block booking 'is made all the more onerous by the very wording.' The proposition put forth by majors not only perpetuates, but even 'exalts' the objectionable distribution meth- od, to his mind. Exhibs still would not have sufficient freedom, while producers could effectively counter- act their apparent concessions by turning out cheaters. The gesture tt. give up dating is nothing more than 'window-dressing.' Scant value in the proposal to permit theatre- owners to obtain outstanding pic- tures as long as the strings are kept in the pending agreement Myers said, however, he is happy over tiie distribs' offer to quit forcing shorts and discard score charges. - Producers' fears about the conse- quences of the anti-block booking feature are wholly without founda- tion, Myers declared, particularly since the majors volunt^ily have cone a considerable distance toward giving up the practice. Cited the figures produced by the Hays or ganization spokesmen in tiieir at tempts to show exhibs have consid- erable freedom, remarking that 'jnost of the transformation which the bill would require has been accom. plished by the distributors in their own interest In comparatively recent years because the contracts today, without exception, provide for sep- arate price groups less than the en. tire block.' If distribs are sincere In talk about 20% cancellation, they are taking a. big a gamble as if block system were junked, Myers argued. 'They have no more assurance of a mar- ket under a cancellation system than tl ■ y would have under a selective systein,' he maintained, but they pre- fer the elimination method because it Is the one least likely to affect their monopoly." With pUo^ing time limited by the calendar and the clock, the indus- try as a whole will not lose money, he said. Decreased rentals from cur: tailment of bookings for shoddy films will be more than made up by the bigger return from good films. Workers wUI not suffer, because in- dependent producers will have a bet- t«>r chance and competition will force all studios to do a better job. 'The only menace to the B.g Eight from the enactment of the Neely bill is one which those fighting the bill dare not mention,' Allied pioneer contended. "That is the opening of the business to the competition of independent production. With com- pulsory block booking abolisherl, ttie Blg_EiAhtt.Jia-Cfaninon-with all other industries, will have to sell their products on their merits. An inde- pendent picture which is bettor than a trust-made picture will supplant it on the screens. The public will benefit greatly from the increased Incentive to make good pictures. Against these considerations the ef- (Continued on page 27) SCULLY DETAILS U'S PROD. PLANS FOR '40 Cincinnati, April 18. W. A. Scully, U's general sales man-^ ager, announced that the production budget would be $5,000,000 higher than in the season just closing, in outlining the 1039-40 program at the first Universal regional convention openinjg here this week. There will be 40 features in the lineup for the coming season liesides four special attractions, seven outdoor pictures, seven westerns,, four serials, 13 two- reelers, a special two-reel film and 43 single reels. In addition, there will be 104 Issues of Universal newsreel. The four specials Include three to be made by Harry Edington's Famous Productions,- plus 'The Mi- kado,' British-made feature in color, starring Kenny Baker and D'Oyly Carte Opera players. Richard Arlen and Andy Devine are set for the outdoor thrillers while Johnny Mack Brown will star In the westerns. Attorney Donovan's $65,000, Lrving Trnst's $37,500 New RKO Fees Federal Judge William Bondy yes- terday (Tues.) allowed William J. Donovan, as attorney for Irving Trust, trustee of RKO, $65,000 as an ad-interim allowance for his serv- ices for the period beginning Oct 1, 1937, to Sept 30, 1938. He . also al- lowed $588 disbursements. Donovan had asked $95,000 for the period. Since July 1, 1934, prior to this al- lowance, he had received $245,000. Irving Trust was allowed $37,500 for the same period. It had asked for $85,000. Prior to this allowance it had received $155,000. Eleanor Powell's NewM-G Pact Prior to Personals Hollywood, April 18. Metro handed Eleanor Powell a new contract pritjt to her scheduled departure Saturday (22) for the east on a personal tour, opening at Loew's State, N. Y.; April 27. She Is due back in June for 'Broadway Melody of 1040" and 'Dancing Cored.' Chris Schonberg accompanies to direct music. ' Stndio Contracts Neely Sidelights Washington, April 18. Statistics on cancellations startled Senator Smith, the subcommittee chairman. When Charlie Fettijohn recited the number of rejections of films high in the cultural and artistic scale, the South Carolina solon Inquired 'You mean to tell me they refuse to play those pictures? Then one man is the arbiter of what the public sees?' Flareops and Jagged Nerves Flareups became frequent 'last wedc as the strain of long sessions wore out nerves of the subcommittee and the stage managers for opposing sides. Frequent verbal tiffs Involved Fettijohn and Abram F. Myers, the Allied attorney. Sharpest outbreak was a rebuke for Senator Neely at the hands of Senator White. Irked by heckling of Witnesses attacking the bill, the Maine Republican voiced resentment Wednesday <12), accusing col- league of bias. When Neely began inquiring why Dr. Howard M. Le- Sourd, dean of the Graduate School at Boston University, was Intier- ested in the subject of blockbooking. White sounded off with quei7, 'Am I to understand that anyone who comes here either at the solici- tation of the motion picture group or with their knowledge is repudi- ated as a witness?' Neely scoffed fit the idea and drew retort 'You are challenging the motives bf anyone who appears here In connec- tion with this bill.' The author of the measure then rapped White as 'a partisan' of the Industry and 'an advocate of the opposition.' When' they cooled down both agreed to eliminate the remarks from the of- ficial transcript Dr. WUbnr's Letter Efforta to hurry the proceedings to conclusion nearly resulted in sup- pression of Dr. Ray Lyman Wilbur's letter intimating the Motion Picture Research Council may be satisfied. with the trade practice agreement Senator Neely proposed witnesses stop reading communications from persons for or against the bill but could not prevent Senator Smith from Offering the Wilbur letter. $1,«M,M« Salary Sbmcs a Bibbing Fat film salaries boomeranged. Senator -Neely sacrastically com- mented that 'one producer made more salary. than all 06 senators' according to recently-disclosed treasury figures. Referring to L. B. Mayer's seven-figure Income. Pettljolin Defines the Femmes .'There are two kinds of motion picture ladies: those who cooperate In elevating the standards and those who by the very nature of their profession are for the Neely bill,' according to Fettijohn. Majors Disclose Their Bookmgs Number of Contracts from High to Low, Per Company Hollywood,-April 18. 20th-Fox renewed Alice Armand's player ticket for one year. Charles 'Vidor inked director pact at Columbia. Jane Clayton signed with Harry Sherman at Paramount Lana Turner's player option lifted by Metro. Jane Wyman drew new player pact at Warners.. Warners signed Glen Langan as stock player. 20th-Fox hoisted Florence Roberta' acting option. John Huston's scripter option taken up by Warners. Columbia picked up Robert Ster- ling's player option. RKO signed Edgar Kennedy for six more shorts. Universal renewed Ken Gold- smith's producer contract for one year. 20th-Fox hoisted Nancy Kelly's option. Metro renewed Pete Smith's pro- ducer ticket for three years. Margot Stevenson signed to a play- er contract by Warners. Metro extended Dennis O'Keefe's pact for one year. Rudolph Mate, cameraman. Inked -foi-thrftp mnre-y.ears-4wiUi-Samuel Goldwyn. Ann Rutherford handed new play- er pact by Metro. 20th-Fox lianded player contract to Katherlne Aldrich. Julius Evans signed to develop new acting talent at RKO. Monetta Darnell drew player i>act at 20th-Fox. Washington, April 18. Exhibitor complainta about being forced to show films they would like to reject were undermined by tabu- lations on 1937-38 bookings offered the Senate Interstate Commerce sub- committee last week. Figures re- vealed wide variation In popularity of six major producers' product Comparative ratings, with the number of' bookings for the first 15 films and the least desirable pics, were:. ^th Centary-Fox 'In Old Chicago,' 12,214; Thin Ice,' 12,119; 'Happy Landing,' 11,941; 'Heidi,' 11,892; 'Rebecca,' 11,588; 'Can't Have Everything,' 11,439; 'Life Begins at College,' 10,969; 'Wife, Doc- tor, Nurse,' 10,943; 'Kentucky Moon- shine,' 10,860; "Wild and Wooly,' 10,835; 'Love and Hisses,' 10,832; 'Sally, Irene and Mary,' 10,600; 'AU Baba,' 10,685; '45 Fathers,' 10,633; 'Checkers,' 10,467, and 'Dinner at the Hitz' (57th) 3,581. Panunonnt 'Wells Fargo,' 13,200; 'Buccaneer.' 11.352; 'Jungle Love,' 11,499; 'Souls at Sea,' 11,224; 'Spawn of the North,' 11,132; 'Double or Nothing,' 11,076; 'Artists and Models,' 11,062; 'Blue- beard's 8th Wife,' 10,811; "Texans,* 10,580; 'Dr. Rhythm,' 10,370; "Tropic Holiday,' 10,298; 'Ebb Tide,' 10,066; 'Cocoanut Grove,' 10,062; 'True Con- fession,' 10,052; 'College Swing,' 9,569; and 'Love on Toast' (50th), 3,947. BKO-Badlo 'Stage Door,' 9,567; 'Radio City Revels,' 9,073; 'Life of the Party,' 8,708; 'Joy of Living,' 8,679; 'Fit For a King,' 8,676; 'Hawaii Calls,' 8,664; 'Having Wonderful Time,' 8,038; 'Snow White,' 7,815; 'Carefree,' 7,588; 'Mother Carey's Chickens,' 7,523; 'An- napolis Salute,' 7,508; 'Fight for Your Lady,' 7,479; 'Wise Girl,' 7,454; 'Go Chase YourseU,' 7,379; 'Sky Giant,' 7,379, and "The Hat' (46th), 845. Metro' 'Navy Blue and (Sold,' 10,873;. 'Bad Man ' of Brimstone,' 10,784; 'Test PUot' 10,733; 'Judge Hardy's Chil- dren,' 10,183; 'Yanks at Oxford,' 10,- 123; 'Love Finds Andy Hardy.' 10,047; ■Big City,' 9,998; 'Girl of the Golden West,' 9,997; 'Last Gangster,' 9,992; 'Rosalie,' 9,959; "Thoroughbreds Don't Cry,' 9,922; 'Double Wedding,' 9,862; •Ynii're On ly. Young Once,' 9,835; 'Firefly,' 9,720; 'Crowd Roars,' 9,802, and 'The Chaser" (45th), 5,455. trnlversal 'Three Smart Girls,' 10,569; "My Man Godfrey,' B,892; 'Magnificent Brute,' 8,269; -Talk of the Town,' 8,257; 'Wings Over Honolulu,' 7,911; 'Road Back,' 7,906; 'Two In a Crowd/ 7,573; 'Flying Hostess,' 7,200; 'We Have Our Momenta,' 6,950; "Girl on the Front Page^' 6,912; 'As Good as Married,' 6,784; 'When Love Is Young,' 6,725; 'Sea Spoilers,' 6,205; •Breezing Home,' 6,071; 'Mighty n-eve,' 5,997. and "Four Days' Won- der' (34th), 2,315. Colombia 'Theodora Goes Wild,' 10,298; 'Pen- nies From Heaven,' 9,907; 'More Than a Secretary,' 8,371; 'Adventure in Manhattan,' 8,130; 'Devil's Play ground,' 7,957; "Craig's Wife,' 7,653; 'When You're In Love,' 7,593; Devil is Driving,' 7,476j 'North of Nome,' 6,788; 'It's All Yours,' 6,779; 'Promise to Pay,' 6,623; 'Women of Glamour,' 6,214; 'Thunder in the City,' 6,190; 'Man Who Lived Twice,' 6,095; 'Le- gion of Terror,' 6,986, and 'Beloved Vagabond' (38th), 2,006. Fred Sckessler Named Selznick Casting Head; Mayo, Rettig Shifts Hollywood, April 18. Fred Schuessler moved in as Selz- nick-International casting director, filling the berth left vacant by the resigAtion of Charles Richards. Bob Mayo, formerly with Colum- bia, took Schuessler's old job at Paramount. Earl RetUg has succeeded Joe Col- luih, resigned, as casting director at the Hal Roach studio. Recently Ret- tig was imit business manager on 'Capt Fury.' 'Snow White' Billings Were 7,815; Rentals, $4,000,000 Washington, April 18. Figures submitted to the Neely committee listing names of films and total theatre bookings were studied with interest by representatives of the distributing companies who are attending the hearings on the pro- posed anti-blockbooking bilL Paramount leads with 13,200 book- ings for 'Wells-F^rgo,' nearly 1,000 billings ahead of the second most- played fihn, 'In Old Chicago' (20th), 12,214. Film rentals were not given. Of all pictures listed, 'Snow 'White' (Dis- ney-RKO) Is credited with the high- est returns, said to. be verging on $4,000,000, domestic. This despite the total bookings to date of 7,815 the- atres.