Variety (Jun 1939)

Wednesdaft June 7, 1939 PICTURES VARIETY NON-THEATRICAL Chi Bans Russian Anti-Nazi Film, 'Oppenheim Family; Other Reactions Chicago, Juiie 6. Chicago censors nixed another • anti-Nazi flicker last week, this . time The Oppenheim Family,' Rus- .eian- film. Board turned picture • down on charges that It was propa- ganda and 'exposes to contempt a ■ class of citizens.' Civil Liberties Union bas filed a • protest against the baa Previously the board has banned such pictures as March of Time's 'Inside Nazi Germany,' 'Professor Mamlock,' ' 'Concentration Camp,' but all three of these pictures were later re- leased. —— . Detroit's Antl-SoVlet He Detroit, June 6. At behest of a committee of SO Detroit housewives, common coun- cil is drafting a new city ordinance which would ban films Inciting class haired, riot and un-Amerlcanism. Pemmes were led by Mrs. Blanche " Winters, pr;ez. of Women's Legion of the Blue Cross, who told the coun- ' cU: 'Many films being shown In De- troit at present are noAlng more than Soviet propaganda; they teach revolution. It's getting so a mother has to. be both a lawyer and a de- ' tective to know where to send her ' children.. We want laws' to protect our rights; we're marching. •Another bad thing is these double features. There's always- one bad t>lcture with one good ope.' Nathaniel H. .Goldstlck," asst cor- . poratlon counsel who was told to prepare the i^ew ordinance, told the council that attempts had been made ' to take legal, action agalfist foreign .propaganda pictures under th^ ordl- ' nance banning Immoral films, but " that the state supreme court bad ' held the ordinancie did not apply to such flickers. London's 'Mamloek' Ban London, Jtme 1. New hope of getting ban lifted from 'Professor Mamlock' In U. K Is inspired by British Board of Film Censors giving approval to "Confes- Bions of a Nazi Spy,' which First National will distribute here. Pic- ture's frankly anti-German theme was expected to be frowned down by the censor, but it will now be rushed into the Warner theatre June 9. . Unity. Films will now want to know the reason why 'Mamlock' was barred, as it has a . similar motive. Film was also embargoed by London County Council, when distribs ap' ■ pealed for them to override B.B.F.C. veto, reason given by the Socialist- controlled body being fear of dis- turbances in theatres. If 'Mamlock' stays out in the cold, they will say there Is one law for American and ' another for Russian fllmis. German Canadians' Stance Regina, Sask., June 0. With nearly one-third province of Germanic origin, largest In Canada ' percentage, 'Confessions of a Nazi Spy' proved a dud at Metropolitan here and other showhouses. Even anti-Nazis among predominant non' English Canadians here did not go to see pic. Might have got better reception had It hit at Hitler only, but fact it threw aU Germans In poor light hurt b.o. chances. Hollywood, June 6. Studio heads are keeping a diplo- matic eye on France,. walthig for further changes In the European at- titude toward anti-dictator pictures. England, previously against such films, recently changed its stand and okayed Warners 'Confessions of a Nazi Spy/ Warners hopes the picture will be approved in France, since Paris newspapers have been permitted to serialize Leon TUrrou's 'Nazi Spies In America," on which the film was based. HUltPET TEES UP Hollywood, June 9. Ralph Murphy's first Job under his new Paramount director contract is ■ Our Neighbors—the Carters.' Picture rolls in three weeks. Frank Ghosts Hollywood, June 6. Now is the time for all good flacks to come to the aid of the columnists. With this idea in mind. Bob Taplinger is sending out'his annual offer of guest col- tUTins, supposedly written by 16 top flight players, to fill news- paper space while the columnists ar^ on vacation. Plan origin- ated last year and was grabl>ed enthusiastically by Xos Angeles and out-of-town scribes. Columns are written by flacks and by-lined by picture names. B'way Capitol Breaks Down Its Overhead For lynton' Award An award of $16,470 was made Saturday .(3) to Edward Sheldon and Margaret Ayer Barnes against the Moredall Realty Corp.,' owners of the Capitol theatre, N.Y, by spe- cial master. Kenneth E. Walser In N.Y. Federal court. This is in con- nection with the exhibition of 'Letty Lynton,' which has been declared a plagiarism of the plaintiff's play, 'Dishonored Lady.' In arriving at the amount of dam- ages, the special master decided to award total profits tor the exhibi- tion, minus the cost of rental. Profits were $41,052, and the cost of the pic- ture to the Capitol for the two weeks was $24,581. Other points of interest In the 374- page report were that the picture, which played from April 29-May 12, 1932, to a total audience of 159,919, grossed $116,889. The payroll was $10,975, trade bills totaled $14,216, the stage show cost $32,003, the fixed wages were $12,695, two shorts were $750, and the Federal income tax was apportioned at $2,979. O'Brien, Driscoll 8c Raftery, attor- neys for the plaintiff,, disclosed that they had no intentions of suing any other theatre that played the film. They pointed out that the award of $532,000 secured from Loew's, Inc., Culver Export Corp. and Metro, cov- ered the situation, as these com- panies taxed their theatres for the profits they had derived from the exhibition of the picture. It was also stated that even if suits against other theatres should be brought now, they would be outlawed by the statute of limitations. Special Master Walser also filed a request for $1,500 for his services. WB-SJ. BOTH CLAIM FLORA ROBSON FOR FIX Hollywood, June 6. Warners and Selznlck - Interna- tional are disputing priority to the services of Flora Robson, English actress, who's set for Selznick's 'Rebecca.' Warners claims, the actress, now in London, agreed to appear in the Paul Muni picture, 'We Are Not Alone,' her arrival here, while S-I is putting 'Rebecca' in work as soon as she gets here. She's due in July 3. $25,000 Film Settlement Reported for Amstein Hollywood, June 6. Nicky Arnstein has reportedly ac- cepted $25,000 settlement for his $150,000 suit against 20th-Fox charg- ing libel and invasion of his private rights through characterization in 'Rose of Washington Square' alleged by him to parallel his life. Arnstein's former wife, Fanny Brice, also complained' to the studio but took no legal steps. SCiiOOL, PRESS .0. Newspaper-Sponsored Spec- tacles Ruin.Regular The- atres—Schoolhouse Films at 1-Sc Also Damaging PHILLY'S SURVEY Minneapolis, June 6. Local exhibitors are 'gunning for what they claim Is 'unfair opposi- tion.' Particularly under their dis- pleasure at this time are Increasing number of newspaper - sponsored shows and school films, Recently the Minneapolis Star put on a big fishermen's show which drew 7,500 to the Auditorium after heavy gratis newspaper and radio pilugglng. On the same night most of the theatres were practically de- serted. The same newspaper annual- ly stages a half-week cooking school in the Armory and also puts on fhe 'Golden Gloves' tournament for pro- motional purpioses each year. Each of the other Minneapolis newspapers' also have annual cooking schools that run a half-week or longer. At first these 'schools' were held only' In the afternoons and were confined mainly to exhibits and In- structions on cooking. Now they're matinee and evening affairs and In- clude elaborate entertainment that has no connection with, cooking. They, draw capacity houses and cut into theatre grosses substantially. Theatres spend huge sums, with the newspapers annually, the exhibitors point out in their beefs. Northwest Allied last week pro- tested to Carrol Reed, superintendent of school^ against the showing of feature pictures and. serials In school auditoriums at recess periods and ad- mission'ranges from 1 to 5c. Net proceeds go Into various school funds. At least one major company, as well as most of the independents, service the schools. Reed agreed to issue an order to school principals that no picturies of more than two reels' length and no serials henceforth should be shown. However, Reed declared, there is a question relative to his lack of juris- diction In' this particular matter and 'some principals may not see fit to cooperate.' 4)iukertown Probe Philadelphia, June 6. More than' 500 churches, lodges, clubs and other non-theatricals in PhiUy are regularly showing films for profit In competish with pic houses, a quiet survey by the police revealed this week. Investigation was made on orders of Fire Mar shal Jacob S. Clinton as a start to- wards action to eliminate the 'ama teurs' as a fire hazard and source of unfair competition. Letters will be sent later this week by Clinton, the superintendent of police and the receiver of taxes, notifying the non-theatrical exhibs that they are violating city and state laws. Clinton said the first demand by the Public Safety department will be that each organization have standard equipment, fireproof booth and complies with all safety regula- tions. As few are expected to go to the expense of compliance with the stringent rules, Clinton said he ex- pected most of them would go out of the exhibition business. He said he felt he has 'been too. lax in the past and we are taking action now to prevent a disastrous - Are which would be sure to break out in these places sooner or later.' Even if safety laws are met. Clin ton said, non-pro exhibs will be given licenses for only one per- formance so that they cannot show films regularly in competish with theatres. If claims are made that the shows are being run for char- ity, organizations will have to file an affidavit to that effect and be prepared to prove their claim. Too often, we have found,' Clin- Sweeping Investigation Into Fox Theatre Co. Mairs Forecast By U.S. Judge; Manton Had Presided In the Carpet Bag Hollywood, June 6. Civil War ended on the Selz- nick-International lot with the filming of the fall of Atlanta in 'Gone With the Wind.' It's all over but the carpet- bagging. Ed Churchill's Agcy. To Stand Examination In miovie Quiz'Ad Suit The appellate division of the N> Y. supreme court Monday (5) reversed a decision of supreme court Justice Philip McCook, and allowed Edward J. Pfeiffer to examine Edward J. Churchill and Donahue & Co. be- fore trial. Pfeiffer Is suing the ad agency for $100,000 claiming plagiar- ism of his idea, allegedly submitted to them July 13, 1938, for the 'Movie Quiz.' Another point allowed to Pfeiffer is that the agency must tell how much money it received for handling the advertising for the Quiz. ADD: STOVER-STIRN VS. RiCKABY AND RKO The Circuit Court of Appeals In New York Monday- (5) reserved de- cision on an application by John S. Stover, representing Ernest W. Stim, of Milwaukee, appealing RKO stockholder to give him until today (Wed.) to file his record on appeal. The court also reserved decision on the request of H. C. Rlckaby, rep- resenting the Atlas Corp., proponents of the plan of reorganization of RKO, to dismiss the appeal. Justice Learned Hand, after listen- ing to argiuients on both sides, in which Stover declared he would be ready today (Wed.), and Rlckaby ac- cused Stover of stalling, declared that regardless of the decision, the ap- peals would be heard and decided this month. EXTRA HELPING Sapei Drew $28S,000 and 4,S0t More Jobs In Hay Hollywood, June 6. May was an extra prosperous month for extras in the film Industry. Players earned' $280,000 during the month, with more than 26,000 place- ments. Total of placements was .4,000 more than any other-month this year. A decision which Indiciates s sweeping Investigation Into the affairs of Fox Theatres Corp., as handled by foriner Judge Martin T. Manton, was made Monday (5) In the New York federal court, when Judge John C. Knox refused to allow a fee to Archibald R. Watson, former attorney for Milton C. Weisman, re- ceiver of Fox Theatres. Watson, who has received $51,500 on account. Is asking for $41,500 more for 648 days of work from June 22, 1932 to Oct. 30, 1934. During this period he eliminated $3,990,386 in claims against the corporation and won for it $500,- 000 In cash and stock worth $330,505 in a suit against Fox Film, and 29 other persons and corporations. Jiidge Knox's opinion declared,' 'Without Intending to prejudice the application of Mr. Watson for further allowances, in view of cer- tain circumstances which have been brought to my attention, I think It wise and - expedient to postpone everything until these matters have been clarified. Despite Watson'a connection with the estate having terminated In 1934, and that further postponement ' Is unfair to him, nevertheless, public policy must take precedent over private rate, so th* petition must await further develop- ments. The application was opposed by the Stockholders Protective Com- lA'ittee, on the grounds that Watson has been paid sufficiently for his. work. Judge Knox Is expected to appoint a referee to look into the affairs of Fox. Theatres within the next few days. . This Is due to charges made against the receiver of Fox Theatres, Milton C. Weisman, by the stock- holders and bondholders of misuse of funds. Weisman was a Manton appointee, and Judge Knox's opin- ion, while not stating so directly, In- dicates that the federal court will probe all decisions of Manton in this inquiry. Manton was found guilty late last week of 'selling justice* while he held office as a Federal Court Judge. WB INTERESTED IN THE RITZES FOR'SYRACUSE' ton told Vaioeiy, 'that so-called charity shows are run for the benefit of a few promoters. If the showings are not strictly for charity, we will see to it that the organizations pay the same taxes as are levied on thea- tres. We hope by this drive to have the situation all cleaned up by the opening of the fall season.' Mono's New Dept. Announcement by Monogram that it is setting up a non-^heatrlcal de- partment in each of its offices In the U. S. has exhibs here plenty irked. Step by Mono follows similar moves in recent months by other distribs. Whole subject will probably come up before the two exhib organizations here at their next meetings. Despite the fact that all of the dis- tribs, like Mono, declare their non- theatrical departments will handle releases for engagements 'not In competition with regular motion pic- ture exhibition,' exhibs claim 'that's the bunk.' There's no exhibition of film of any kind that's not In com- petition with them and doesn't serve to k^ep people away from theatres, the way they look at It. Pittsburgh, Jime 6. Ritz Bros, wound up three weeks of p.a.'s at Stanley here last Thurs- day (1) and after vacationing in New York for few days will depart for. Hollywood to begin a new picture for 20th-Fox. They have two films un- der their current contract at the Zanuck plant Next filcker will bet. an original story with a college and Tin Pan Alley background. Understood that MCA. which bought the Riizes' contract from Lou Irwin for $25,000, is working on a deal for them with Warners when 20th pact expires. -Might do screen version of Broadway musical, 'Boys from Syracuse,' but at Burbank, with Warners presently reported hot on the trail of the Rodgers-Hart hit Will Rogers Memorial's U. of Tex Scholarship Austin, June 6. The University of Texas was $60,000 richer last week, gift being donated by the Will Rogers Mem- orial Fund. Will found a scholar- ship. Jesse Jones of the Reconstruction Finance Corp. made the presenta- tion. Will Hays and Major L. E. Thomp- son, RKO executive, were In Wash- ington yesterday (Tuesday) at the unveiling of Jo Davidson's statue of Will Rogers in Statuary Hall of the Capitol building. "This unveiling marked the first time in film' business history that any screen star had been so honored by the Government.