Variety (Aug 1939)

VARIETY PICTURES Wednesday, August 9, 1939 Stall nim, Stage Production Plans Pending 4 As-IATSE Showdown "fConlinuiEd from page 1) diislrinl Organisation, which has al- ways been prevented from getting a foothold in show business unionism, is on the alert to jump into the wid- ening gaps of the AFL ranks. Studios Delay Prodactlon According to reports from the Coast, the studios are delaying the start of all big budget productions pending some- settlement of the con- flict. None of the companies wants to be .caught in the middle of a shooting schedule by an actor-stage- ■hand fight that would result in a walkout tieing up production. Stu- dio heads are reported seeking some way of bringing the two unions to- gether to avoid a stoppage which would leave the companies in , the middle. But they're afraid to take any outright stand lest they become involved. Somewhat similar condition exists on Broadway, where managers are, generally holding off the start of the new season's productions until mat- ters are clarmed. George White, who for some months has been readying his 'Scandals,' precmed it in Atlantic City last Monday (7), but other managements are generally standing pat. As a case in point, George Abbott, with five produc- tions tentatively scheduled^ for the season, may not put a show into re- hearsal until the thrieat of a tieup is definitely past. He had previously planned lieginning rehearsals of a straight play late this month and starting tune-ups of his forthcoming musical on Labor Day. Of course, the Broadway man- agers are in better shape to face such a situation than are the Holly- wood studios. They have-; invest- ments tied up, but aren't faced with seasonal producfion schedules and .selling lineups which they must keep moving. However, showmen in both pictures and legit are unquestionably in the middle. They stand to lose no matter which union wins the coming fight—and they can't do any- thing to protect themselves. Put Into AFL's Lap, Doubt Definite Stand More on 4A's , Legit and vaudeville angle.s on the 4A's battle are detailed in this issue; / AFA no-injunction decision. Fage 43. Legit story on Page 49. Justice McGoldrick's denial of the AFA injunction plea (details on page 43) leaves the next step up to the AFL executive council, which is meeting all this week in Atlantic City and is scheduled to take up the Four A's-IATSE dispute tomorrow. However, close observers of the situ- ation doubt that the parent organi- zation will take a definite stand to settle the matter. With George E Browne, president of the lATSE; Jo- seph B. Padway, AFA attorney, and President William A. Green sitting in on the pre-hearing confabs on the question, it is figured the council will receive the glittering Hollywood- Broadway delegation, hear the Four A's plea and then refer the matter to a special committee. That, in ef feet, would duck the issue, leaving it to be settled in a showdown fight be- tween the actors' and stagehands' unions. As some people have suggested however, it is possible that the lATSE leaders may realize they are in a bad position in their attempt to invade the actor jurisdiction and may welcome intervention by the AFL as a 'face-saver'. One thing is certain—the Four A's will not give them any chance for. a compromise 'deal'. Actor union heads are deter- mined to force L showdown and, if a favorable decision . isn't obtained from the AFL, to carry out a fight to the finish, either in or out of the AFL ranks. •Specific issue to be heard by the AFL executiye council is the Four A's charges against the lATSE. Per- former union has demanded that the ti.e i.ssue through its Hollywood- Broadway star delegation), it is figured unlikely that the AFL will decide the dispute in favor of the performei: union. Believed Browne has built up too strong a position in the Federation councils. If the AFL council ducks the issue, the Four A'S future course is prob- lematical. It might carry the.fight to the committee. In either case, the Four A's future course would be the same. It might carry the fight to the-AFL annual convention in Oc- tober, or it may immediately with- draw from the parent orsanlzation and carry on as an independent union. In either of the latter cases, a finish fight, involving strikes and a general tieup of production in vari- ous branches of .show business, seems inevitable: As anticipated. Equity and the American Federation of Radio Art- ists last >veck joined the Screen Actors Guild in bringing . charges against Miss "Tucker and in suspend- ing her pending hearings. Charges were substantially-the same-in each case. Singer was accused of dis- loyalty in participating in the AFA application for a charter from the lATSE. SAG, Equity and AJFRA at- titude is that such action by the AFA president threatens the jurisdiction, and welfare of the performer unions. Harry Richm'an, not a member of SAG or AFRA, is not concerned with those unions, but he is an Equity member and his case will be con- sidered by that organization Aug. 29. Angle that makes the Equity sus- pension of Miss Tucker especially pertinerit is the question of her being barred from 'Leave It to Me' when the Cole Porter musical reopens at the Imperial, N. Y. If the singer should elect to appear at the Aug. 22 Equity hearing to defend herself, the suspension might be avoided; and if, as expected, she stays away from the hearing, then her su.'pension is vir- tually certain to be upheld. .(De- tailed On page 49). In that case, she would be barred from the Freedley show. Should the producer open it without her, the New York stagehands are almost certain to walk out to protect her, thereby precipitating a general con- flict In the latter case, the Four A's is prepared to call a strike in all legit houses on Broadway and the road. Open letter outlining the situ- ation was last week sent to all per- formers, who were asked to pledge loyalty and the willingness to strike. Solid respon.ses have been coming in to Four A's headquarters and the actors are understood preparing to move their own scenery in an at- tempt to keep the show running in face of a stagehand walkout, Freedley has staled he will 'hold Equity responsible' for existing con tracts i£ it bars Miss Tucker from 'Leave It to Me,' but the union's at- torneys claim all performer con tracts contain clauses covering that possibility. In postponing the reopen ing of his musical until after Equity's scheduled hearing, Freedley has sought to avoid forcing an issue. But if the suspension stands, a show- down is considered certain. COL SWEETENING UP ROLE FOR IRENE DUNNE Hollywood, Aug. 8. Irene Dunne is Sidestepping the top role . in Columbia's remake of 'Front Page,' with the reason given as illness. However, it's understood she is averse to playing the part of a two-fisted : go-getting news- paperwoman after she! has estab- lished herself on the screen in sweeter, more sympathetic roles. Studto, sensing . the real rea.son, brought in Morrie Ryskind to do a new treatment which, it is hoped, will be acceptable to Miss Dunne. Meanwhile, .Carole Lombard in- formed the studio she would be glad to play the'part as soon as she fin- ished 'Vigil in Night' at RKO. Ex-Star's Novel Two new novels with Hollywood background in the offing, both writ- ten by people in and about the: in- dustry. Patsy Ruth Miller, silent screen star, has authored 'That Flannigan Girl,' which Morrow brings out next month, Houghton Miftlir) publishes shortly 'If We Only Had Money,' by Lee Shippey, columnist on the Los Angeles "Times. affiliate, accused AFRA of jurisdic- tional invasion-similar to that which the Four A's condemns in the lATSE. But the dispute is an old one and is not likely to reach an early showdown. Spotlighting Press Statements Names Break Into Dailies on 4A'8-IATSE Squabble- Beseech Miss Tucker 'Come Back Home' Studios Fortify Vs. Possible Labor War Hollywood, Aug. 8. Labor war clouds gathering over Hollywood have brought orders from studio biggies for slow down on preparations for important pic- tures skedded for late August and early September starts. They are fearful lest they be caught in the middle of $l,000,000-and-up produc tioris by a strike that might com' pletely paralyze operations. While most lot chiefs are holding to the hope that serious trouble will be averted, they do not feel they can afford to gamble huge inve.<>t- ments against walkouts these day.<!. Should difficulties arise, however, studio commanders plan to have their cinema ships in shape for the siege; There will be no shutdowns until every possibility of restoring peace to ranks has been exhaiisted. Plants will be pushed ahead of . more im- posing product that is held back. Practically all companies are In excellent shape so far as backlogs of finished features are concerned. Paramount has 19 of new season's offerings completed and ready for release. Warners has 18, and, while other lots are not quite so far ad- vanced, exhibs need' have no worry should threatened strife run less Nitery Jam at La Conga, ... .v, ^ . ° ' than two months. Extra push is N. Y.; Also Ripley's Spot ''^'"s p'^""^ additional prod- In the nitery field the AFA-Four A's fight has led to at least one out- break between AFA and its recently- chartered Four A's rival, the Ameri- can Guild of 'Variety Artists. That occurred at .-..a Conga, New York, where four AFA acts sought to force an AGVA act out of the show. They, succeeded for one perform- ance, but thereafter the nitery man- agement insisted that all acts go on as scheduled. Matte- is believed certain to extend to the whole nilgry parent body nullify the lATSE field before long. Another wrinkle . charter grant to AFA, on'the ground | developed at Ripley's Odditorium, that Browne's action was a clear N. Y., where lATSE stagehands con- invasion of actor jurisdiction and a tinue to work despite the fact the violation of i the AFL constitution. | place is being picketed by the AFA, Four A's also demands that - the its affiliate. lATSE be suspended by the AFL Ferrets, the AFA for continuing to recognize and deal with the AFA after the latter had been expelled by the Four A's. It claims that the AFL constitution uct' now before the cameras. Whether Metro launches any new offerings during next 30 days will depend entirely upon developmenl.<; in labor situation. Check of that company's production docket re- veals that nothing has been slated for the starting signal between now and Sept. 8. While 20th-Fox's slate li.-its such expensive undertakings as 'The Bluebird," 'Swanee River,' 'Little Old New York' and 'Johnny Apollo' for getaways within the next three to five weeks, dates are tentative, One of the most potent weapons in the Four A's arsenal for the coming light with the stagehands is figured to be the publicity value of the Hollywood and Broadway names. That is evident already in the num- ber of public statements released by screen, stage and radio stars, AFA- IATSE combination, with only Sophie Tucker to add prestige to its announcements, is relying on her to release all counter-blasts. Eddie Cantor, temporary president of the newly-chartered AGVA, has i.s.sued several statements from the Coast. Last Saturday (5) Katharine Hepburn,.currently in "The Philadel- phia Story,' at the Shubert, N.'Y., released a pledge of loyalty to the Four A's and an appeal to AFL ex- ecutive council, meeting in Atlantic City this week, not to disregard the 'just rights' of actors. Katharine Cornell issued a somewhat similar announcement Sunday . 16), while Helen Hayes the same day made an open appeal to Miss Tucker to 'come back home where you belong. Let- ter -was released last week on the Coa.st, where Miss Hayes was. ap- pearing in 'Ladies and Gentlemen.' (It closed Saturday (5)J. In her letter, which was addressed to 'Dear Sophie,' Mi.ss Hayes wrote: 'Sometimes when children are naughty they have to be spanked. No parents like to do the spank- ing. The Four A's has not liked spanking you by suspending you from Actors Equity, the Screen Ac- tors Guild and the American Fed- eration of Radio Artists. "The Four A's didn't like to have to do this, but, as the parent international of organized actors, it had no other choice. You left no other choice. "The Four A's either had to con- done your attempt to deliver 30,000 actors into the hands of the lATSE or it had to punish you. The Four A's either had to be stern with you or betray 30,000 of its members. 'We hope that when you realize the force of the facts you'll come back home where you belong.' IWiss Tucker, who has steadfastly refused to heed the pleas of friends and a.>:.sociates to resign as AFA president, replied to Miss Hayes by again declining to bow out of the dispute, but in.'itead renewed her at- tacks on the Four A's. Her state- ment read: 'When a parent acts like a cruel stepfather and is maliciously be- smirching the reputalioh of the child and drives it out of the house, there is nothing for the child to do but go. The Four A's cruelly oust- ed 12,000 AFA members from its ranks. As president ot the AFA, I would have betrayed those 12,000 if I left them homeless.' Miss Hepburn's statement read: 'For 19 years the Four A's has ably and honestly represented per- formers in the theatrical, profes- sion. As a member of this or- ganization I believe sincerely in the integrity of our leaders and their methods of administration. Any - attempt on the part of the AFL to disregard the just claims of the Four A's will be regarded as a breach of faith not to be tolerated by the loyal members of our union.' Miss Tucker's Rebuttal In addition to her 'answer' to Mi.s.s Hayes, Miss Tucker al.so criticised Equity for its temporary suspension of her on 'treason' charges. Informed of the suspensi.'^n by telephone at the 500 Club, antic City, where ;ihe's currently appearing, she re marked: 'They can go ahead and do what they want. Sophie will always make a living. If they want to throw 150 people out of work they can go right ahead. Sophie will always They'll wind up the they are jeopardizing the employ, nient of more than 110 people who have, been looking forward to a long season.' Ralph Morgan, president of SAG, last Sunday said: ' ' 'The question is: Does the ATL con.<;titution mean wh.-tt it .snys'.' If it m^ans what it says, the ex- ecutive council must hull the ef- fort of the lATSE to kidnap a section' of organized actors.' has petitioned Whitehead to hold a meeting to decide on the question of the already effected- affiliation with the lATSE. Photostatic copy was and advance work will not be ■ make money speeded to such a point that outfits losers. Tucker, will not try to put would be left holding the sack, anybody out ot work; let Equity do should a fight be forced on them. it.* Whether lenses are actually trained Later a prepared .statement was on such productions as Universal's I released in M\ss Tucker's name-by opposition group, 'South of the Amazon,' Paramounfs AFA. It read, 'They are bad lo.sers. clearly states that expelled unions ; gent to Miss Tucker in Atlantic City, are outlawed as far as federation . no immediate aclioi. is expected on branches are concerned. Browne's AFL Strength Although the Four A's will almost certainly shove the executive coun- cil info an embarrassing spot (par- the matter, but The Ferrets plan to continue agitation. Radio writer-actor angle was in- jected into the union tangle Monday, \ hen members of the Radio.Writers ticularly by focusing attention on i Guild, Authors League of America i Stripes.' 'Victor Herbert,' David 'O. Selz nick's 'Rebecca' and Wwners "Four Wives' in last half of • August, as announced, will depend entirely on developments of the next few. day.s. Other proposed features likely to draw postponed debuts include Ed- ward Small's 'South of Pago-Pago,' Walter Wanger's 'Send Another Coffin,' Universal's 'Deslry Ride.s Again' and Warners' 'Invisible In suspending me, the Four A's is merely proving what we have claimed on previous occasions—that this anti-labor group shows no con sideration for - the welfare of the actor. In their present futile at- tempt to steal our organization, they penalized not only our 15,000 mem- bers but the entire acting profes- sion. In suspending me from Equity, .should they attempt to dciiy me the right to appear In 'Leave It to Me' Miss Bankhead's Blast At Browne's 'Lawlessness* Tallulah Bankhead, star of 'The Little Fox^s,' At the National. N. Y., followed on Monday night (7i with a characteristic explosion ;it the lATSE president. It declared,' 'The action of George Browne in invading the jurisdiction of the Four A's i.v an outrageous piece of banditry. For this daylight holdup he should be. severely disciplined by the Ameri- can Federation of Labor. On- what meat does this our Caesar' feed that he has grown so great? This stock company Hitler should be, must be, hobbled before he does irreparable damage to the theatre and scrSen. Does the AFL condone Browne's lawlessness, then the actors wilj have no recourse other than to with- draw from that body and act as an independent union. There .can be no whitewashing of Browne. If you'll pardon my Latin he has been rmiKht flagrante delicto, and his arrogance must not go unpunished. Let Browne stick to his last. Docs he. promise never to undertake to tell me how to act, when to act-or where' to ..act, in turn I'll promi.-Je him never to coach him in the iech- nique of fouling a' drop, short-cir- cuiting a switchboard or oifliiig edi- ble props." Wide Press Comnicnt Besides the public statements by various stage and film stars. Ilie dis- pute this week began to receive at- tention in the editorial columns of the dailTes all over the land. In his Monday (7) column in the N. Y. Daily News, Burns Mantle took one of the most outspoken stands thot has yet appeared on the question. After outlining the facts, the Newi drama, critic wrote: While it is inconceivable that the parent labor body will ."seriously con- sider for more than a split second the clainns of the stagehands that they should be given jui'i.<;diclion over the actors, or any division of them, it seems to me that Mi.'s Katharine (Hepburn) has the right idea. 'The actors are a force, once they are aroused to action. They proved this is their own s'lrike for decent working conditions back iix 1<J19.' They can prove it again now, in this much more important crisi.s, if Ihcy will put their minds to it 'It is because the actors have made a courteous practice of stand- ing on their dignity that the pres- ident of the lATSE acquired the nerve to think that his tail of an organization could wag the Four A's whichever way it pleased, lis should be definitely and quickly convinced of his error.' The writer also devoted the major portion of his column to the subject again yesterday (Tuesday). New York Herald Tribune treated on the subject editorially Sunday (6). Taking the stand that 'The public is decidedly interested in any union row which threatens to de- 'prive the stage, ieven temporarily, of the p'--"v popular talents of Mi.ss S' Tucker,' the piece took .som ,th to explain the un- derlying ii«.is of the case. It then declaimed that the matter 'is an in- tricate mess of which Mi.«.s Tucker, in the opinion of most show people, is the innocent victim, owing ;1o what they consider her misguided sense of loyalty to Whitehead.'. Ills unusual for a daily to come out so openly in behalf of a single player]. Referring to a recent editorial in Variety, the Herald Tribune con-, eludes, 'the hint here .is plainly that Miss Tucker has an excellent rcii- son for abandoning Whitehead and the American Federation of Actors and thus withdraw from the spot. Without presuming to advise her, we can assure her that her fans are intensely eager to .<>ee her back in another spot—before the fool- lights.'