Variety (Sep 1939)

^Tednesday, September 27, 1939 PICTURES VARIETY BOOST AVERTS STRIKE New European Headaches May Ease U. S. Attacks-The Film Biz Hopes Major companies are hopeful tliat altered conditions caused by the Eu- ropean war may lead to a more lenient attitude by the Federal gov- ernment towards tha film business, especially as regards tha anti-trust suit. The next few months probably vill tell the story whether thij will be an actual development or whether It is chiefly wishful thinking on the part of major companies. It also seems doubtful if the thea- tre divorcement will be definitely downed, even if the case Is hurried to a conclusion and the major com- panies victorious. This would leave the industry in much the same situa- tion as winning a battle but losing a war because the present administra- tion is expected to Insist that thea- tre divorcement be taken up In Con- gress should It be defeated In court. Attitude of the Government is that there should be a divorcement of ex- hibition from distribution In the pic- ture business, and If not obtainable via anti-trust action. It will be rem- edied by new legislation. Besides the pressure from the current admin- istration, Congressmen themselves al- ready have felt the reaction of their conslituents on the theatre divorce- ment issue. Thus far major companies, except- ing in oiie or two Instances, have shown no inclination towards adopt- ing divorcement voluntarily. Tliey apparently want a showdown on the issue in the courts. UA's Cross-Queries to Keynote Rest of Majors United Artists Corp. on Friday _{2ZLmfid.a8_CM55riaterrpiatories di- rected at the Government, the gist of which constitutes an attempt to se cure the names and addresses of all U. S. witnesses who will support the various Government charges of mo nopoly and restraint of trade against tha major film companies. It is ex- pected that all other majors will fol- low suit, making Oct. 7 tha day when the defendants are to answer the questions submitted by the Govern- ment. Question No. 1 requests: 'State the name, addresses, identity and loca tion of each person knov^'n to the Government having knowledge of relevant facts with respect to the Government's claims that the pro- ducer-exhibitor defendants have con- spired and combined with each other and United Artists, to monopolize the market for exhibition of pictures first-run product, etc' The start of each question remains the same, namely the request for names and addresses. Question No. I deals with the monopoly of qual- ity-high-grade features; No. 3, with the exclusion of independents from flrst-run theatres, etc. Other questions take up the mat- ter of the preventing by the defend- ants of independents from secui'ing product on a competitive basis; plac- ing of the Independent In a second- ary position In competition with an afTiliate, no matter if the independ- ent would be willing to pay more In a free market; block booking, con- tracts, forcing shorts and news- reels, clearance and zoning, over- buying, discriminatory film rentals, ininimum admissions, and so on down the line. No Nut There Hollywood, Sept. 26. Least oC Hal Roach's worries in 'Of Mice and Men' is tha wardrobe, chief item of which is $11.80 worth of 'print dresses for Betty Fields. Her Jewelry is 5-and-lO. Men, in the cast wear second- hand overalls. REMEDY FOR VISUAL EDUC. PICTURES Elsman Drops Suit ~ Tlie $1,000,000 action of Mort Eisman, Clara Dellar and Robert Louis Shayon against Sam Goldwyn. Inc.. Eddie Cantor and United Ar- tists was discontinued and settled out of the federal court In N. Y. Thursday (21), as far as Eisman i.' concerned, but remains as to the other two plaintifTs. Suit, which charged the pliijlar- Isni of the plaintiffs' play, 'Oh Shah.' in 'Roman Scandals,' was di.'smissod by federal Judge John M. Woolsey, but the decision was reversed by the circuit court of appeals which re- manded the action to federal court for new trial. Despite the action In laying the industry's initial plan of distribution for educational pictures befora the National Education Association con- clave in San Francisco some weeks ago, two factors hava prevented any rush- by educators to take advantage of proposed visual-educa- tion plan. One is that nearly half of the attendance at the Coast con- vention were from California and did not represent tha national cov- erage expected. Other is that the im- portance of the setup failed to per- colate through the nation's press. Latter phase is being remedied presently by the Hays office. New distribution plan called for establish- ment of Teaching Film Custodians, with headquarters In N. Y., issuance of a catalog listing classifled non- current pictures and setting exact release dates and cost of rentals. For black and white 16-millimeter pic- tures (for each 400-foot reel) $5 will be the rental for two weeks or less; $10 for half a school year; $15 for a full school year; $25 for two school years and $30 for three school years. About 400 of these non-current shorts, appraised and set up by the special education committee, are now available while some 100 or more will be available during tha next year. Additional films, besides those described in the official catalogue of Teaching Film Custodians, were re- leased last month and about 10 others will be released before the close of the year. Angle being stressed for educators is that classrooms can secure addi- tional film subjects, at a minimum fee, without having to go to. the cost of producing these themselves. Pic- tures listed in the catalog are owned by Columbia, Loew's, RKO, Walt Disney, Educational Films, 20th-Fox and Warner Bros. McCREA, PRESTON LEADS IN mUNTIES' Hollywood, Sept. 26. Cecil B. DcMille picked Joel Mc- crea and Robert Preston for two of the three top male roles in 'North- west Mounted Police' at Paramount. Shooting starts on location next month, with studio filming slated for December. Sturges Directing Hollywood, Sept. 26. Paramount added Preston Sturges to the director ranks and handed liim own yarn, 'Down Went Mc- Ginty.' as the first assignment. Scribe also did tlie screenplay. Ohio ITO MeeU Nov. 13-14 1 , Columbus, Sept. 27. ' P. J. W'jod, secretary of the Ohio ' IiKlepcndcnl Theatre Owners, an- nounces the annual convention for Nov. 13-14. Owners renro.<:o'nting over 400 Ihealrcj will attend. NEW II1TS[ PACT Film Studio Agreement Re- troactive to Aug. 12— Mannix Acts as Spokes- man for Producers In Announcing Decision for Common Weal ASKED 20% TILT Hollywood, Sept. 29. Walkout of 11 studio crafts, set for noon today (Tuesday), was averted early this morning when producers agreed tb' a wage hike, re- troactive to Aug. 12, with the sign- ing of a closed-shop agreement. Cameramen, makeup artists, grips and other members of tha locals share in the salary upturn. At the close of the meeting, which ran past 3 a.m., producer spokesmen said that the increase was met with reluctance, so 200,000 men and wom- en could continue on jobs and avoid discomfort and suffering. Edward J. Mannix, the producers' negotiating committee chairman, issued t)\e fol- lowing statement: 'Faced with a strike that would have thrown 200,000 men and women out of work, heads of the motion picture industry in Hollywood agreed at 2:30 a.m. today (Tuesday) to grant an increase of 10% in pay to employees affiliated with the In- ternational Alliance of Theatrical Stage Employees'Union. Because of disruption of the European market and consequent drastic reduction in income from that source, the pro- ducers' decision was reached with reluctance and was decided upon only because of the fact they faced alternative of granting increase In wages or facing consequence of paralyzed industry. 'The agreement was reached after more than three hours of discussion with William Bioff and committee representing lATSE. An appeal by producers for a delay of four weeks in which to make a survey of con- ditions in the industry, which was joined by other groups in the in- dustry, was met with a flat refusal. Finally, upon an offer by producers to grant increase of S%, Bioff and his associates offered to abandon the original demand for 20% increase and accept 10%. In a last-minute compromise to avert a strike that would have brought discomfort and genuine suffering to so many thou- sands of worlcers in the studios here and in the theatres throughout the nation, the producers feel they have acted for the best interests of the motion picture industry and the pub- lic.' Closed-shop agreement between the producers-IATSE was restored today (Tuesday), but complete en- forcement has beer> deferred to allow workers time to get paid up mem- bership cards. Demands issued this week to pro- ducers by George E. Browne, lA'TSE prez, flushed with his jurisdictional award by the National Labor Rela- tions Board, had precipitated the agreement. Browne had warned of a. nationwide studio and theatre walkout if the producers ignored his j deTnands. Deadline had been set for midnight tonight (Tuesday) for their answer. Latest ultimatum was served by William Bioff, chairman of joint ne- gotiations committee for 11 lA stu- dio locals, and the man who directed the lATSE strategy in the recent elections from his San.Fernando val- ley ranch. , Following a brief parley with the producer nesotiations com- mittee composed of Mannix, Y.' Frank Freeman and Mendel Silber- berg, Bioff issued the following statement: 'Our committee met lliis afternoon with the producer spokesman and resumed negotiations of wages, hours and working conditions. Tlie mect- (Continued on page 20^ Exiiibs Seizing on Conditions To Demand Union Op. Reductions Down the Alphabet Hollywood, Sept. 28. Threa marquee names of the silent era have been cast as 'B' girls In Columbia's 'Street of Missing Women.' They ara Betty Compson, Wynne Gibson and Peggy Shan- non. WB MAY SWITCH TO DUALS IN PHILLY Philadelphia, Sept. 28. Stanley-Warner theatres—long leaders In tha fight against double features—are' ready to giva up and join in the showing of duals In order to meet competition from Indies in the Philly area. This decision was reached at a meeting here on Mon- day (25) between Joseph Bernhard, prexy of the Warner chain; Ted Schlanger, Philly zone head, and other biggie's of the organization. It is understood that only a few details have to ba worked out before the dual policy begins to operate. Just which theatres will have double features has not yet been de- termined. It Is believed, however, that those In competitive locations will get first crack with one or two smaller downtowns house also feat- uring duals. The Warner office Issued the fol- lowing statement after the huddle between Bernhard and his aides: "The probability of a revolutionary change In the attitude of the Stanley- Warner theatres was evidenced today when Joseph Bernhard, president of Warner Bros. Theatres, In conjunc- tion with Ted Schlanger, surveyed the competitive theatres In the Phil- adelphia area playing double feat- ures.' The showing of duals mushroomed here following tha deciison of the U. S. Supreme Court in the Perlman case. Paradoxically, Perlman's law- yer, Benjamin F, Golder, who suc- cessfully fought the case against the major distributors to tl\a highest court. Is now counsel for Warner Bros. HOPE, mHESTER' IN PAR'S WT BREAKER' Hollywood, Sept. 28. Bob Hope and Eddie 'Rochester' Anderson, share top spots in The Ghost Breaker' at Paramount, slated for November shooting. Picture is based on the old Broadway stage comedy by Paul Dickey and Charles Goddard. Arthur Hornblow, Jr., will pro- duce. Except In Isolated Instances whera business may have dropped since the war abroad began, according to claims purported to have been made, exhibitors are seizing upon the pres- ent state of affairs to try for union operator reductions. This differs markedly from the lATSE's winning fiRht on the Coast for a 10% wage tilt. In . soma cases, negotiations for scale cuts are still on with operators for the 1939-40 season, which usually begins Labor Day with the unions, and the war is providing a trading point in the negotiations. Tendency of the unions Is not to yield either on negotiations or on requests for contractual reductions. . In New York where Local 306, op- erators, are demanding a 25% in- crease retroactive to Labor . Day last and the managers, under a clause In their contracts, are asking that tha matter be arbitrated, the appoint- ment of a neutral arbiter is now awaited. Major Leslie E. Thompson of RKO and C. C. Moskowitz of Loew's hava been appointed as arbitrators oh tha managerial side, while Joe Basson, president, of 308, and Herman Gel- ber. recording secretary, have been ■ chosen for the union. Under tha terms of the seven-year contract which has five to go, both sides are to negotiate terms each year or for two years, but if failing to agree, the question must be submitted to arbitration. The arbitration clause provides that if both sides cannot agree on a fifth arbiter, he must be chosen by the senior J udge of the Federal court. Judge John C. Knox, senior Fed jurist in New 'York, was expected to name the fifth arbiter Monday . (25) but did not do so. Expenses of the arbitration are to be halved by the theatres and 308. Fiti's New Contracts Pittsburgh, Sept. 28. Circuit theatres here have just closed a new two-year deal with booth operators, running until Sept 1', 1941, at slight increases over bid scale. Contract followed several weeks of bickerings between lA rep- resentatives and Harry Kalmine, Mike Cullen and Jimmy Balmer, rep- resenting WB, Loew end Harris in- terests, respectively. At same time, theatre owners sealed a one-year deal with stage- hands. Tried to get them to sign a two-year pact as well, but finally forced to cut stipulated time in half. Two contracts erase possibility of any labor.difficulties here at present since musicians contract, entered irtto last September, still has one year to run. Deals open path for Stanley, WB deluxer, to resume stage shows any moment how. Likely date for re-- opening is Oct. 6, although no attrac- tion has been set yet. Loew-WB pooling arrangement between Stan- Icy and Penn continues, with latter getting first pick of combined WB, MG, UA, Par and RKO product. Kosty Band in Martin Musical at Columbia San Diego, Sept. 26. Broadway revived 'Green Pas- j tures' (WB) and advertised It as starring Rochester. It cleaned up. CabriUo snagged 'AH Q uiet' for local showing, billed It 'Has Hitler Forgotten?" and clicked big. J. P. McEyoy Scores Point Waukegan, (111.), Sept. 28. Court here last week set aside a judgment of $3,235 obtained recently i against writer J. P. McEvoy by his divorced wife Mary B. McEvoy. I Court was told that McEvoy had | not been delinquent on his alimony^^ payment, as Mrs. McEvoy had' charged, and that he had not been given sufficient opportunity to en- '■ gage counsel for tlie original hear- ing. Hollywood, Sept. 28. Tony Martin's first starrer, 'Pass- port to Happiness,' goes into pro- duction Oct, 9 at Columbia, with Andre Kostelanetz and his orchestra featured. They're jointly on tha Texaco radio program. Chet Forrest and Bob Wright are doing six musical numbers for tha piece. Another Moppet Moves Up Hollywood, Sept. 26. Joan Broaden, 14, steps into the lop fcmmc role in 'Sunset' at RKO. Role had been assigned to 'Virginia Wcidlcr, who was forced to pull out because of a prior commitrncnt. Picture rolls Thursday (28) with Jack Hively directing.