Variety (Apr 1939)

Wednesday, April 19, 1939 PICTURES VARIETY 27 Neely Talkathon Ends (ConUnue<J from page 4) forts of the monopolists must not nrevail.' . . Explaining Allied does not desire to shaclde producers, Myers chal- lenged the majors to show their sin- cerity by accepting the amendments he proposed to Section 4. Quoted objections by Sidney R. Kent and Jason Joy and said, 'If they will meet AUied at this half-way point, they will prove conclusively that they do not seek immunity for the motion picture industry; if they op- pose the passage of the bill with these amendments, they will demon- strate their opposition to any regu- lation which threatens in any degree to neutralize the monopolistic power which they wield over the industry or the dictatorship which they exert over the screens of the United States.' Shortcomings of the. Justice De- partment's anti-trust suit are a rea- son for enactment of the legislation, solons heard, because the New York petition does not touch blind selling. Further, the outcome of the litiga- tion, which may be filled with end- less delays, is uncertain. The legislation follows a blazed trail' and is not radical, Myers in- sisted. Resembles the Clayton Act, in its provisions against offering films In blocks at lower prices, tnd the food and drug laws in its synopsis requirements. Pettijohn's Sunimatioh Stresses Disunion Opponents were the only witnesses to present any information about production and distribution, which are just as deserving of considera- tion as a minority of exhibitors who favor the legisli'v.ion, Pettijohn de- clared in. his summary. Disagree- ment among supporters as to rea- sons for the bill was charged, with reference to the different under- standings of 'community selection' of films. Pettijohn said exhibit6rs want to pick features which most people will see, women's clubs want pictures they thihk public should see, and public wants right to see any picture it desires to see. 'In days like these, no great Amer- ican business, with its facilities to keep happy 88,000,000 people each week, and with its ability and will- ingness, as denionstrateiil by past performances,, to serve a useful pur- pose, should be hamstruiig by .a piece of inflexible Federal legislation which attempts to- specify how pic- tures should be marketed and made by statute,' Pettijohn declared. 'If we are to have a bill, let's have ■ fair bill—fair to all concerned— fair to the producer, distributor, the exhibitor, and the public. It it Is wrong to sell more than one picture at a time, it's just as wrong for any- body to buy more than one picture at a time. And while we're solving blind buying by statute, let's do something for the public, which is buying motion picture entertainment blindly. Let the bill provide that the public pay on the way out in- stead of on the way 'in. Foes of the reform scheme occu- pied the stand all last week, when numerous women spoke a good word for the majors, nullifying the com- plaints- of crusading sisters at the outset of the hearings. Chief atticker was Ed Kuykendall, veteran MPTOA president, with CpL Jason S. Joy, story editor for 20'th Century-Fox, and Carl E. Milliken, secretary of the Hays organization, bolstering the arguments of the ma- jor producer-distributor companies. Advocates of the ban had some of their props weakened Thursday (13) when the committee heard a letter from Dr. Ray Lyman Wilbur, presi- dent of the Motion Picture Research Council and of Stanford University, qualifying his support of the legis- lative penacea. Dr. Wilbur, who served in President Hoover's cabinet, has been one of the leading flnger- polnters for several years, although he has steered the frequent crusades by remote control. Gist of the com- munication was that if the majors are willing to make sincere attempts - ^ lemedy...conditionsabout.Jwhich. the table-pounders have been com-, plaining, Congress might give them a chance to show their good faith. Onliwon Towels and Tissue ECONOMY WASHROOM SERVICE Wrttc A. P. W. Service, Albany. N. Y. Even though It was noted Dr. Wil- bur emphasized abolition of block leasing, the majors felt the letter was a virtual surrender and counted cn the recanting to take the life out of the Neely bill campaign. Statistical evidence" that theatre- owners are hot as hog-tied as the indie crew claims was offered by Charles C. Pettijohn, the MPPDA general counsel, to round oiit tables showing the rdatlve desirability, of difie.rent'plx from six. major studios. His figures tended to bear out the contention that the arty films rre most likely to be spumed by exbibs. Comparison was: Highs and Lows in No. : Of Cancellations Shown Less than- 20 cancellations on: 'Lady Be Careful' (screen version of salty play, 'Sailor Beware'); 'Last Gangster,' 'Big City,' 'Desire,' 'Alca- traz,' 'I Am the Law,' 'They Gave Him a Gun,' 'Saratoga,' 'Her Jungle' Love,' 'Bad Man of Brimstone,' 'An- gels with Dirty Faces,' 'A Slight Case of Murder,' 'Little Tough'Guys,' and reissues of 'Dracula' and 'Franken- stein.' Films heading the list of rejections: 'Music for Madame,' 5,873; 'Quality Street,' 4,837; 'HitUng a New High,' 4,662; 'Great Garrick,' 3,389; 'April Romance,' 3,871; 'Saint of New York,' 3,756; 'Winterset,' 3,259; 'Midsummer Night's Dream,' 2,971; 'Great Expec- tations,' 2,730; 'Under Your Spell,' 2,136; 'Good Fairy,' 1,897; 'Green Pas- tures,' 1,503; 'Crime and Punishment,' 1,506, and 'Girl From Paris,' 1,472. Giving the 'viewpoint of the larg- est group of exhlbs, Kuykendall went overboard for the trade practice agreement—even though it falls short of MPTOA wishes—and conctirred in the majors' argument that the Neely bill is impracticable. While in accord with the objectives of the legislation, MPTOA members do . not feel the Neely bill will be helpful, organization head mdin- tained. Con'vinced It will mean 'nothing but damage' and writing of a 'practical and effective' law of this kind is impossible. 'We have led the fight for an un- conditional option to cancel a rea- sonable number of pictures out of each contract for any group of pic- tures. The Neely bill offers no such option to- cancel after the pictures are licensed. We firmly believe that this is the only practical solution of the problem.' Picking up the majors' parallel, Kuykendall presented - economic arguments against the proposed re- form. Exhibs, acquiring only exhi- bition rights, are in a unique posi- tion and 'unlike other retail stores, the theatres cannot carry a variety of articles in stock and on sale at the same time.' He pointed to the advantages of buying in large lots in order to get the benefit of lower prices in stressing the idea that the Neely plan would increase costs. 'Retail prices wilh wholesale buying wiU do us great damage,' he com- mented. The bulk of theatre operators dis- like compulsory block booking, MPTOA leader asserted, if they are forced to accept 'unwanted pictures to get the ones we want,' but still need a dependable supply of product. Proposed trade practice pact will benefit the little operators, Kuyken- dall maintained, differing diametric- ally with the Allied States Associa- tion leaders. Noted that 10,059 houses are ih towns with fewer than 10,000 people and said the bulk will pay less than $100 per film, thus re- . ceiving^ the right to reject 20% of the total bought. The larger the- atres have sufficient economic power to wriggle but of tight contracts and to . win their own concessions, he added. Higher rentals would be inevitable, acording to Kuykendall's view of the industry. Congress should pause pe- fore outlawing a distribution system under which bulk buyers get better terms. Without doubt, the effect would be to lift costs and wipe out many little houses which now carry a good part of the production cost -d.e;3PJteJ;he_small sums each jay. No surety the leigislation, despite the stiff penalties, will eliminate compulsory block booking, Kuken- dall argued. Particularly in com- petitive situations where bidding is lively. In many spots, rivaby will make the exhibs keep on booking in blocks, no matter what Congress does about it, but the buyers will have to pay fatter rentals. Portion of the bill aimed at blind selling is 'fantastic,' he said. Im- possible to. make an advance blue- print, white the financial burden on studios will mean another hike in cost to exhibs. Law would put ex- hibitors on the spot, making them responsible for the calibre of pic- tures that they are powerless to con- trol, wrecking the production code administration and destroying the sanctity of contracts. Enforcement provisions are .so vague that exhibs may be. subject. to same . severe penalties as are provided for dis-' tribs. Measure is 'an open invita- tion' to unscrupulous competitors to file cfMnpIaints and instigate prosecu- tions! Kuykendall and Myers P)Ein One Another's Orgs. Name-calling provoked an out- burst when Kuykendall blasted the Allied crowd and told Senator Neely the rival exhib outfit would run out on everything it cannot dominate. Recalled how Allied fought the NRA code and has been bleating to the Justice Department since the Blue Eagle died. Abram F. Myers, the Allied coiusel, took offense, promis- ing 'recriminations' and protesting the MPTOA head attacks 'every- body who doesn't belong to his dis- tributor-subsidized organization.' Several of his followers backed up Kuykendall. Ridicule came from Henry R. Berry, of Hartsville, S. C. Lyle M. Wilson, of Roanoke Rapids, N. C; Harry E. Hogan, of Fort Wayne; Oscar C. Lam, of Rome, Ga. Leo Brecher, of New York; and Wil- liam F. Crockett, of Virginia Beach. Va. They foresaw practical diffi- culties and financial injury, with Brecher fearful the bill will -give producer-controlled chains a tighter grip' on the whole toade. They aired peeves—such as excessive clearance and sketchy advance notices—^but could not see any help from th^ leg- islation. Absolute impossibility of produc- ing quality films under the measure was related by CoL Joy, who said that sale of films individually would encourage quickie production. Point- ing to 'Alexander Graham Bell,' he said, 'My wife would have had to find $5,000 and I'd have spent one year in ■ jail' if 20th Century-Fox had. sent out the final shooting script as a synopsis in attempt to comply with requirements such as Senator Neely proposes—^because 146 com- plete scenes were scrapped and 46 others were altered while l^nsing was in progress. Mrs. Wilder Tileston, of New Ha- ven, said intelligent patrons much prefer to make their own selections of film fare and will not allow 'well meaning pressure groups' to dictate their entertainment. She hit at one of the reform group arguments by disclosing ttie Labor Department's Children's Bureau has no evidence of connection bet\yeen juvenile crime and pictures. The Hays organization's efforts to lift standards was related by Gov. Milliken, who remarked about the difficulty in trying to sell the pub- lic what it doesn't desire. Reluct- ance of theatre audiences to be im- proved' is a consideration that can- not be overlooked, he reminded the solons, and any move to try and im- prove the morals of patrons will boomerang, until they are ready to be uplifted. 'You have to convince people' that they like high-grade screen entertainment before it can be sold, he added. The industry's self-discipline has been effective, due In large degree to the aid of informed public opin- ion through the Legion of Decency and Better Films Councils, the Hays exec related. Process cannot be, wholly successful in a short time, however. Governor Milliken stressed the ratings of the International Federa- tion of Catholic Alumnae. In 1922 the organization was able to approve only 25% of the output, he said, but with the Improvement in pro- duction control the situation has grown better steadily. 'When the 1927 Hays commandments were adopted, the Federation was pass- ing 40% of the product; in 1030 when' -the revised canons were adopted the ratio had' gone up to 50%; in 1934 when the Breening process was adopted the Catholic women were satisfied with 77%. In the past two years, over 90% of all pix_ have been placed in the A category by'tEe "LegioiS,""ahd'none of the small number of condemned fiickers have been given the Hays stamp. Inside Stnff-Pictiires -Although Bayard 'Veiller 'wrote 'Within the Law* for stage production in September, 1912, and although it has l>een made four times as a motion picture, the current remake by Metro marks the first time that 'Veiller haa profited directly in the motion picture rights. Financial sidelights of 'Within the Law' are well known in legit circles. .After the spring try-out of the play, William A. Brady sold, tor $10,'000 his quarter interest to Arch Selwyn and A. H, 'Woods. Veiller, as author, sold his royalty rights to Selwyn for $2,500. Sooh before the play opened in New York, with its story of police corruption and protection, the murder of Herman Rosen* thai, a gambler, had opened wide a scandal which subsequently led to death sentences for five men, including Police Lieutenant Becker. ''W'ithln the Iiaw' ran two years at the Woods' Eltinge theatre and was played on tour and in stock for a.dozen years. Selwyn voluntarily gavo Veiller royalties which'amounted to close to $20,000. The author never participated in the sale of the film rights \intll several months ago when Metro paid $10,000 for the dialog privileges. Major studio execs are in a fever over the slow methods of a producer- director who has maneuvered himself into an expensive jam. With an outside star drawing a heavy salary, the script is not ready to shoot Sev- enteen writers have 'worked on .it, and now the p-d has been told that further scribes will have to be paid out 'of his own pocket Then th is leading man trouble. P-d turned down one male lead after t^ts and spumed another as too young. A month ago he refused a name player for the male spot, and now he wants him but can't get him because the actor is busy. '„ Life magazine states that under no circumstances does. it exchange est for advertising with film companies. The pic mag is surprised that sucb an impression should prevail and points out its prestige and policy ought automatically to prevent credence of such a report It is true that Life is carrying considerable film business but any pub- licity department professing . any business-office , connection 1^ doing iso for alibi reasons. Life carried $71,121 in film advertising'the first quarter of 1939. Satevepost carried $55,125 and Collier's $33,705. Martin Starr,:former talent agent now a radio commentator, has with- drawn his suit against Dorothy Lamour, Supposedly without settlement or payment He sued for $35,000. Action was dropped when attorney Louis Nizer, representing' Miss. Lamour, persuaded him that he had no case. Starr is reported to have told Miss Lamour he was dropping the action because of Nizer's opinion. Miss Lamour expressed her appreciation for having helped her in early stages of her career, Starr is credited with having selected her from among beauty contest winners at New Orleans. ' Three major studios have been forced to enlarge their still and portrait departments to keep up with the rising demands for production and per- sonality art by dally newspapers' and picttire mags. Paramount, RKO and Universal completed new quarters last week and other studios are mulling similar improvements. With dailies clamoring for weekend and midweek layouts, the studios are getting more free space than at any previous time in Hollywood history, Universal's still lab has been turning out an aver- age of 18,000 prints weekly for.several months. Nice Haul, George Hollywood, April 18. George Raft goes Into the top role in 'I Stole a Million' at Universal on a one-picture deal Frank Tuttle directs on budget of $500,000. Nine money-making westerns by the same producer-director-'writer combo is claimed as a record for one year by Republic. Trio consisting of William Berke, producer; George Sherman, director, and Betty Burbrldge^ writer, made The Three Mesquiteers series on average budget of $35,000. New York Theatres THEBE'S A BETTER SHOW AT THE 7Ui At. * SOth Bt. ROXY ALL 9eo TO SEATS PH. 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