Variety (Apr 1939)

Wednesday, April 26, 1939 PICTURES VARIETY NOW PROBES PK LABOR Nkk, Westoa Browne Blasted From Mol of St. Loo lATSE Local 143 St Louis, April 25. John P. Nick and Clyde A. Weston were blasted from control of lATSE, Local No, 143, and George E Browne, international pre* of lATSE was enjoined from further Interfer- . ence with the St. Louis organization Is a sweeping decision handed down Friday (21) by Circuit Judge Ernest F. Oakley, who also appointed a re- ceiver to temporarily take charge of the affairs of the local. However, it required the services of a flock of . local gendarmes and deputy sheriffs before the receiver could be in- stalled in the Local's offices where ' he will conduct his work. Two gen- darmes have been stationed at the place to remain until the court's or- der is fulfilled. When Judge Oakley handed down his decision he personally phoned - the Telegraphers' National Bank ' cautioning against removal of any of the local's funds in the depository. When James A. McKeowu, prez of ,'thc John O'Brien Boiler Works, ap- pointed as receiver, went to the Local's quarters to begin straighten- ing out its affairs. Miss Loretta Mar- kle, sec to Nick, wa - the only per- son present. She refused to accept service- on. Judge Oa? ley's, decree and fled to an innei office in which 6h-> locked herself. After the Sheriff's attorney ad- vised McKeown that ti.e decree did not give him power to break down the door, McKeown appealed to Chief of Police John Glassco, who : dispatched the .gendarmes. When they arrived Miss TIarkle opened the door and accepted service. Nick ' Is reported out of the city and Wes- ; ton was not present. Ir the mean- time, McKeown,' et al., met C. R. Newlin, sec of the Stagehands' local, and Arthur Lyday, international lATSE representative, Indianapolis, ' who was. sent here by Browne to , make an investigation of the affairs ■ of Local No. 143. Neither would ac- . cept service so Deputy SherliS Green . stuffed copies in their pockets and McKeown proceeded with the work ' of gathering up records, etc., for study. Judge Oakley's order, effective Im- ' mediately, instructed McKeown, who posted a $100,000 bond, to appoint a committee of three union i^iembers, . whose membership antedates June 1, - 1935, to canvas the eptl:."> memiber ' ship of Local No. 143 as soon as poS' Bible. The committee is to prepare fiv'orn lists of members Inducted into t' . organization in accordance with the rules (.f the international and local union constitution and of mem' bers who obtained union cards otherwise. MoKeown in Control A meeting of those found by the c:urt to be bona fide members then wiU be caUed to elect a fu:. set of officers, who shall have direct ch&rge of the union'u affairs, under the receiver's supervision. McKeown . is to received through these officers, all dues, assessments, and other funds and. is to approve all expendi- tures, sign or countersign all checks and have access to the safe deposit boxes. Nick, Weston or their agents are enjoined from interfering In any way with the management of tlw union, from removing from the State, hiding or' tampering with books and other property. The in- junction order is directed against Browne, who was named a defendant In the ouster suit brought by 66 n'emoers of the local, but upon whom service was never obtained. Nick and State RepresenUtive Ed- ward M. Brady are awaiting trial on a joint extortion indictment growing out of an alleged payoff of $10,000 by theatre owners to fore- stall a wage increase demand in 1936 and liyck and Wcstor are Jointly charged In another extortion Indict- ment for an aUeged $7,500 payoff, . i Jder similar circumstances. In 1937. • Dillon, attorney for Nick and Weston, announced he would seek a rehearing of the case. Sympathy Hollywood, April 25. Cutting short his quips at the Masquers' salute to radio last Thursday (20), Jack Benny trailed off . into a semi-serious reference to his recent tiff with the Government •While at Palm Springs,' he said, 'I took a stroU out on the desert and accidently stepped on a rattlesnake. The viper curled up as if to strike, but after tak- ing one look at me recoiled, as if to say., "Buddy, ■ you've had enough trouble.' 20TH OUTBIDS DISNEY FOR mUEBIRD' BROADENS ITS iTI-TROST 0.0. Hollywood Studio. Labor Muddle Brings in Justice Dept. Actively—No Mere Taking Under Advise- ment' Gesture REVENUE DEPT., TOO Paris, April 18. Twentieth-Fox has won the film rights to Maurice Maeterlinck's 'Bluebird* from Walt Disney, who had been negotiating for it for some time. Disney wanted the story for 'Snow White,' but now the role she would have played will be given to a living character—Shirley Temple. Although the price 20th paid for the story was not revealed, it is understood that Disney had bid up to $25,000 and was just about ready to jump to $30,000 when the deal was closed with 20th. The latter is said to have clinched the deal with a take-it-or-Ieave-it bid in the neighborhood of $35,000. r. T. First Did It Maeterlinck's play was first pro- duced as a silent by Artcraft for Famous Players (Paramount) in 1918. It was • Maurice Tourneur- Marguerite Clark production. Win- throp Ames first produced the stage version at the New theatre, N, Y., in 1012. Silent rights were acquired by 20th-Fox from Paramount three weeks ago. TEDDY CARR EN ROUTE TOU.S4NEWUAPACT? Teddy Carr, co-managing director of United Artists' distribution or' ganlzation in England, is sailing for the U. S. today (Wednesday). While his visit is for the purpose of attend- ing the UA convention on the Coast in May; he may also discuss his status and terms of a new contract with Arthur W. Kelly and Murray Silverstone. Recent reports from London that Carr was planning to join another distributor, in England were denied by the UA general manager at the time. 6 on Mo?e at CoL Hollywood, April 25. Columbia rolled 'Parents 01. Trial' yesterday (Mon.), the first of six features to be launched within 30 days. 'Coast Guard' goes into work Thursday (27), to be followed by 'A Woman Is the Judge,' 'Prison Sur geon,' 'Five Little Peppers and How They Grow' and the third of the Blondie series. Skolsky Goes Par Hollywood, April 25. Sidney Skolsky has been put un- der contract as a writer at Para mount. He will pass up columning while screen scrivening. He had' a syndi- cating deal on. Hollywood, April 25. Kenneth Thomson, execuUve secretary of the Screen Actors Guild, will shortly be snmmoned to appear before investigators of the U. S. Department of Labor, it Is reliably reported. Labor De- \ partment wants to examine SAG methods of operation in connec- tion with employment of screen extras. Action of the SAO recently In Bospending some of its members for Torlons violations of the Gnild.oonstltDtlbn will come nn- der direct serntlny of the Gov- ernment, following flIlvK of a complaint with the oonoiilator of the Labor Department, by E. H. Beokesta, a snspended SAG member. Washington, April 25. Possible broadening of the Federal Government's film anti-trust case, via a new proceeding on the West Coast, was suspected last week In the wake of appeals for Justice Department to intervene in the industry labor troubles. Active Investigation of the Holly- wood muddle was launched upon re- ceipt of a plea from. Local No. 37 of the lATSE for Investigation of alleged conspiracy between' the In- ternational officers and the major producer-distributors. Request re- ceived April 15 got prompt atten- tion in a manner which indicated the D. J. feels the situation is seri- ous from a public viewpoint. While the gag was In place, it was learned the wire from the West Coast was not merely taken under advisement' It bolstered an earlier appeal from New York, leading the anti-trust division to order an in- quiry into the row between- the Hollywood local and the lA bosses, and also the asserted 'collusion .be- tween monopoly interests and rack- eteering officials of the interna- Uonal.' The Government has been looking into film labor ramifications for many months, keeping a close watch on disclosures in California, where a legislature investigating committee delved into graft charges a few months ago. Internal Revenue Ba reau and the National Labor Rela- tions Board have been rumored checking an assortment of tips with view to seeing whether the majors and the unions have violated either the tax laws or the Wagner act. The Justice Department, as far as has been disclosed, remained, aloof from this phase of the Industry's troubles, concentrating on the matter of com- petition In the exhibition end. No Criminal Angle How the labor row may fit into the New York anti-trust suit was un- explained. Unofficially there were suggestions the Hollywood fuss may lead to revelations that would tend to bear out suspicion the unions have played with the affiliated ex- hibitors In keeping oiit competitive indie theatres. It was significant, at any rate, that the plea for inter vention did not go to the criminal division, the natural unit to look into charges which, might be punish able by penal sentences. While the Hollywood local en- listed sympathy of the Justice De- partment the entrenched lA high command was receiving help from Capitol Hill. Dies committee in- vestigators are vigorously checking accusations that No. 37 has Com- munist agitators within the fold and that trouble-makers from the CoH' gress of Industrial Organizations are behind the West Coast rumpus. Page-one copy has been promised 'Open Shop' Return Held Possible Through lATSE Plan That Wouldn't Force Technicians to Join Union We've Met Before Hollywood, April 25. Lionel Barrymoire and his first wife, Doris Rankin, are work- ing in Metro's 'On Borrowed Time,' their first joint appear- ance since they played In The Copperhead' on the Broadway stage 20 years ago. This is their first meeting on the screen. LYNCH. JO HURT IN RACETRACK PROBE S. A. Lynch, who operates Para- mount's theatres in Miami and vi- cinity, together with Joel Hurt, Jr., long his associate, are among 10 in- dividuals facing an investigation of the GuUstream race track venture by the Florida senate. Gulfstream, new track near Miami, opened dur- ing the past winter but closed down after only three days. The racing strip was built on land owned by Lynch, who is In control of much real estate in southern Florida. Hurt, who was with Para- mount at the home office during the bankruptcy reorganization, having been brought up by Lynch when lat- ter was retained in an advisory ca- pacity by the trustees, is v.p. of the Gulfstream track. John C, Horning, steel man, is president. Since the Par reorg. Hurt had been associated with Lynch is realty and hotel management matters. Not known whether Lynch has any inter- est in Gulfstream other than as owner of the ground. PAR PRODUa PARLEYS END, EXECS SHIFT EAST Hollywood, April 25. Paramount studio parleys ended last weekend with the return east of Barney Balaban, Stanton Griffis and Russell Holman. Premiere of 'Union Pacific' will take Balaban and Nell Agnew to Omaha via air Friday (28). Special train of ancient and mod- ern engines and coaches steamed out yesterday (Monday) for the Nebras- ka metropolis. On board were C. B. DeMille, his production staff and 20 players to glamorize the big event. Barbara Stanwyck and Joel McCrea pulled out today (Tuesday). - when the Dies crew reaches the pub- lic hearing stage, not expected until late summer. Buildup for the open proceedings includes alleged feed- box tips that much sensational info has been collected by the leg-men now in California and that definite link between the local and the Reds will be proved. Entry of the Justice Department into the case was laughed off Mon- day (24) by Representative Fred Schulte, Indiana Democrat, who holds an lA card and was a charter member of the organization. Pre- dicting the G-men will return empty-handed as far as the con- spiracy charge Is concerned, Schulte observed, 'We've . been probed so often, the page numbers are worn off the books at headquarters.' In past few years, the D. J. sleuths have maintained a steady watch without turning up anything that will not stand public disclosure, he said. Hollywood, April 25. Drafting of notice by the lATSE that technical workers need not be- long to lA to secure employment in studios is seen as a possible return to 'open shop' conditions in indus- try. Notice, approved by John Gatelee, Frank Stickling and Harold Smith, lA reps, is being submitted to. producers for approval. Move is being interpreted as a counter-thrust against autonomy leaders and the deposed officers of Technicians Local 37. Action is ex- pected to bring chaos in studio labor ranks and- result in a demand that lA go to bat for workers or Issue new charters to those who want to. play along with George E. Browne. Sans lA support, workers would be without protection for wage scales and working conditions negotiated for them by Browne. Pat Casey, producer labor contact, is speeding here from the east to parley with lA leaders. Trial of dif- ferences between the International and Local 37 was called today (Tues- day) of all studio lal>or heads, rep- resenting 15,000 workers. They will push demands for a five-day week and guarantee 40 weeks yearly, upon Casey's return here. Salary asked .is the same as now for six days, with a six-hour minimum call. Draft of plans provides regular employment list to be established at all studios, with others called through a union hiring hall at wage of 10% oyer the regular scale. All men on regular salary list for two years would draw two weeks' vacation with pay; Also disclosed by union leaders a move is afoot, to organize a motion picture trades council after the pat- tern of the Building Trades Council, with delegates to be elected from each 'studio craft A peace pact tentatively approved by both groups was qiilckly tossed out when Jeff Kibre, autonomy lead- er In Technicians Local 37, refused to withdraw charges against the lATSE pending before the National Labor Relations Board until. auton- omy was restored to Local 37 and its officers reinstated. His petition ac- cuses producers of acting in collu- sion with lATSE leaders to keep workers from having a voice In op- eration of their imions. $iee,M0 in Does SUUed At the same time It was disclosed that officers of Local 37 have launch- ed a dues strike against the Inter- national If successful this would shut off approximately $100,000 that Is scheduled to flow Into the coffers of the International on May 1. In Instructing members to withhold pay- ment of dues. Local 37 pointed out that the International no longer maintains checkers on the studio lots to see that all workers have paid-up cards, Department of Justice and Dies Congressional Committee -have in- vestigators here checking details of fight between Local 37 and the In- ternational. Officers of Local 37 have also announced that they wiU press for immediate hearings on ac- tions against the lATSE before the Grand Jury, NLRB and in Superior Court Officers have been holding daily conferences with tops in the Committee of Industrial Organiza- tion, who plan to move into the film Industry if '37' officers will apply for a CIO charter. Orders to' nix demands of Local 37 for immediate restoration of au- tonomy are said to have been issued by George E. Browne, prexy of lATSE. Tops indicated that Browne was willing to make concessions in an effort to settle fight here, but feared to restore autonomy with hun- dreds of other lA locals throughout the coimtry watching developments and reported ready to make similar demands. It was pointed out that if prexy made a bad move he could easily lose control of the organiza- tion. Simultaneously Browne Issued or- ders for international representatives. (Continued on page 16) .