Variety (Dec 1939)

VARIETY PICTURES Wednesday, December 6, ]<>.'{9 TALK 2 PIX A YEAR IN EAST, BY MAJORS, IN LINE WITH LA GUARDIAS' N.Y. FILM YEN Eastern Cinema City Discussions Continue Hot— I ShcldOD-BanieS Wb Rockefellers and Others Mentioned—Showmen | Rg-Review ID Their Manifest Much Interest lynton' Suit Vs. M-G Recommendation of a quota of two picUaes annually in the east by each major company, combined with the interest aroused among independent producers and financial factors to turn out films on the Atlantic coast, is leading to the strong possibility that financing will be arranged for the building of a studio develop- ment, costing perhaps $15,000,000. John D. Rockefeller, Jr., and others in the family, including Nelson, are understood to be ready to talk busi- ness on such a project, with outside financing participation possibly to figure. . Meantime, New Vorks mayor. F. H. LaGuardia, denies that there has been any thought or discussion con- cerning the conversion of present World's Fair buildings into a studio development. This report is also pooh-poohed by studio union leaders. For one thing, the fair property cannot be used lor commercial pur- poses at the end of the expo. The property on which a so-called cinema city would be built, vmder the pres- ent proposal, is near the Fair site, however, and will be available, the mayor ■ has, indicated. Plans which Mayor LaGuardia has seen and in which he is interested were actually drawn up about three years ago by Sol J. Scoppa of Studio Mechanics, Iiocal 52, who also was interested in having such a project built at the Fair where producers could make pictures and the public admitted to watch filming from behind glass par titio.ns. Scoppa's plan then got no- where but now it looks like it might go through along somewhat different lines though, basically, still for the xise of as many producers as would want to participate. Several Factors Report is that if,there is a follow- through on the cinema city idea, the project would be carried out under the leadership of the Rockefellers, plus such additional factors as Floyd Odium of Atlas, who is deeply inter- ested in RKO; Cord-Meyer, realty interests; Radio Corp. of America and possibly others. Proposal of a quota annually of two pictures by each producer to be made in the east, is said to have been made by George' J. Schaefer, presid ent of tures of a total of ei^ht plannod lor ^ the coming year. Arthur Leonard, i formerly with Warner Bios, tajsting > department on the Coasl, is v.p. in charge of production. It's a. N. Y. OuiAt A snag in conection with the third film which is ready to start and will be filmed entirely at Lake Placid, it> trouble in finding a Negro skater for one of the important parts. It will be called 'White Trails'. Second film just completed is "Po- conrlania,' starring Nina Mae '. Mc- Kinney including among others Jack Carter, Hamtree Harrington. Ida James and Emmett Wallace. Entire company was flown to Jamaica. British West Indies, for the filming there. Studio Contracts S.A.G. BLACKLISTS N.Y. YIDDISH PROD. GROUP Screen Actors Guild, which has been striving to organize the Yiddish picture field in the east, has black- listed Elite Productions and is ten- tatively weighing similar moves against several other outfits. In ad- dition to Elite, the blacklist notice sent by the Guild to its affiliate unions also mentions Joseph Seiden. president, and Ira Green, who is said to be a principal investor in the company. Members of the other Four A's groups, including the He- brew Actors Union, are barred from working for the outfit. SAG has contracts with virtually all English language producing com- panies in the east and has a work- ng agreement with March of Time, but has never gotten around to deal- ing with the regular newsreel com- panies. Union is negotiating with Maurice Schwartz, but as yet has reached no agreement with him re- garding his Yiddish film produc- tion. RKO, in a discussion of the plan with the mayor. Agreement on such a quota, plus Independent production in the east end much interest in that direC' tion, would give New York a sub stantial amount of film production in line with LaGuardia's 10% ideas. Leellers Interested In addition to the plans of nu- merous indies to use the east, formu lated .since the mayor began his cam paign, it is understood tlrat legit pro- ducers-writers arc getting film minded so far as New York produc tion is concerned. George S. Kauf' pian and Moss Hart, together with Sam H. Harris, producer, have with drawn 'The Man Who Came to Din Tier' for .sale to pictures and may do it themsblves. Meantime, Harris has joined George Jessel and Ben Hecht in an advisory capacity on pictures they plan. John Golden is reported fancying the idea he would like to make 'Skylark' in the east with Sam Eon Raphaelson and Gertrude Law rence participating. Among those the mayor has talked to during the past week is Benjamin F. Glazer, producer, last with War ner Bros. Harry M. Goetz who, with Max Gordon, produced 'Abiaham Lin coin' for RKO and has 'The Amer lean Way' yet to make, conferred with LaGuardia Friday afternoon (1) to discuss filming of the picture in the east. Goetz told the mayor that while he would like to produce 'American Way' in New York and may do so, he doubted that he could because of the necessity for space to build sets representing an Ohio iov/n. The producer asserted, however that he might be able to make portion of 'Way' on the eastern coasl and part of it in California. Series of Colored Films Lenwal Productions, producers of pictures with all-colored casts, has as its president George Walbrldge, 2d, from the Social Register. Com pany has quietly completed two pic Show People Listed In Felix Young's Washup Los Angeles, Dec. 9. Felix M. Young, former operator of the Trocodero, filed a long list of Hollywood notables as creditors In his personal bankruptcy petition, in- volving $142,910 in liabilities and no assets. Among the creditors are Louis B. Mayer, $13,500; George Goldenberg, $20,000; Jed Harris, $11,900; Chas. K. Feldman, $10,000; H. D. Cowan, $10,- 000; Myron Selznick, $5,000; Jerome Kern, $5,000; Frank Orsatti, $2,500; George Jessel, $2,000; Carl Laemmle, Jr., $1,200, and Mervyn LeRoy, $1,000. The spot, now dark will be re- opened by John Steinberg, with Abe Lyman's backing. Washington, Dec. 5. Ruling on the fairness of the lower court decision splitting profits from asserted plagiarism was assured Monday (-l) when the U. S. Supreme Court agreed to review the latest pha.se of copyright controversy be- tween Metro-Goldwyn-Mayer • and the Margaret Ayer Barnes-Edward Sheldon scripting team, but simul- taneously refused to change its stand in their claim that the studio's 'Letty Lynton' is a steal from their •Dishonored Lady.' Passing on two separate but re- lated appeals, the highest bench iigreed to scrutinize the formula un- der which the authors get only 20% of the film's profits. Studio lawyers made no headway with new asser- tions that the lower judges erred in construing the copyright statutes. Freviou.'ly the Supreme Court had sided with Mrs. Barnes and Sheldon, backing up the finding that Metro is guilty of deliberate plagiarism. Questions due for answer are in regard to the adequacy of the award and the value of the studio's contri- butions to the flicker. Counsel for the writers insist the lower court erred in holding that Metro is en- tilled to 80% of the earnings. Chal- lenge aimed at the accounting me- thod, by which the studio is per- mitted to treat as expense the $922,- 141 paid the Louis B. Mayer-J. Rob- ert Rubin combo, with the scribblers holding that their cut was a dis- tribution of profits and not part of the produiAion cost! Mrs. Sheldon and Barnes want all of the profltr, arguing that the court below made a mistake in not holding that Metro's contribution was little besides 'labor and materials.' The company had made another strenuous efi'ort to get the Supreme Court to slate how much protiection is granted work based on literary material in the public domain. Ad- mitting there were parallels between the Barnes-Sheldon script and the •Lynto n' treatment, Metro declared that the basic lacts in_ t)Oth~were- iaken from the same lource—his- torical records of trial of Madeline Smith—which cannot be sewed up. Failure of the lower courts to limit the applications of copyright laws was termed a major error, along with the finding that 'Lady' con- tained original (material thefted by the studio. Hollywood, Dec. 5. Oiia Massen inked player pact with Waller Wanger, 20th-F(|x handed writing ticket to Robert Hopkins. Paramount contracted John Laird, actor, John Shelton Price penned player deal at Paramount. Univei'iial signed James Craig to thesp contract. Warners renewed Humphrey Bo- gart's player ticket. Metro handed new pact to Ian Hunter. Edward Small hoisted G e o r g e Bruce's writer option. Metro handed moppet contract to Michael James Gubatosi. Harold Ros.son inked new camera- man ticket at Metro. Universal signed Alice Ejland to player contract. Philip Epstein drew new writer pact at Warners. Jeffrey Lynn continues at Warners under a new deal. 20th-Fox contracted Travis Banton as designer. PATHE LABS' SUIT FOR $210,000 VS. DuPONT A $210,000 suit for alleged breach of contract was filed in N. Y..federal court la.n week by Pnthe Labora- torie.<;. Inc.- against DiiPont Film Mfg. Corp. Two causes of action are included, the first .-seeking $l.'i0,000 and the second $GO,000 as well as an inspection of books, Palhe claims that under a contract dating back to 1925. and still in force, the defendant agreed to sell them all the positive nitro-cellulo.<:e raw film needed at a price not to exceed 30% over co.st. In 1936, when Pathe pur- chased 77,000.000 feet of 35niiTi. cine- matographic positive nilro-cellulosc raw film, it was charged at a rate of Ic a foot, allegedly fur in excess of the amount provided under Ihe con- tract. The second cau.-^e of action claims that from October. 1936, to December, 1937, Pathe purcha.<:ed 21,- 000,000 feet , of photographic film with a base other than nitro-cellu- lose, and $60,000 is the amount sought to be recovered here. MRS. JOHNSON'S COL. FIX 0.«a Johnson, accompanied by her busine.<:s agent Clark Getts and press agent Mark Larkin, arrived in N. Y. last week to shoot scenes at the American. .Museum, oi. ..jtiatura.II. History which will wind up her fea' ture for Columbia, 'I Married Ad venture.' She wilt also huddle on re- lea.se date, tentatively set for January. Mrs. Johnson goes back to Africa in the spring. Whether Getts goes along again isn't determined at the moment. , U. S. 'Serious' On Pix Labor Probe, Repeats Klurphy Washington, Dt-c. .S. Assurances that the Jus^tict De- partment is serious in dragging film industry executives and Hollywodci labor figures before the Federal Grand Jury are gettii.,.- conunnn- place. When quizzed again .doiii ihe arm-waving on the Co.i.st, Atloiney General Frank Murphy CNpl.-iiiitd that his underlings are 'ninkiiig cvr- tain that every tip is exhau.sted and no stone unturned'. That was his reply to a question whether he has heard anything from his special as- sistant, Charles Carr, who is direct- ing the' inquiry into the reported Bioff pay-off and the lax troubles of Joseph M. Schenck, Darryl Zanuck, ' et al. Murphy added that he has sent two more tax division men to L. A. to help ferret out all dciail!:. Schench on Stand Los Angeles. Dec. ,. U. S. Grand Jury wound up it.^- in- vestigation of income tax dodt^ing, restraint of trade and l.nbor racke- teering in the film industry, with its findings still a secret. Uiideiiildtjd the official report will not be »i:ide public for two weeks. Chief witne.ss was Joseph M. Schenck, president of Producers As- sociation, presumably called to ex- plain an item of $100,000 turned over to Willie Bioff, who insi.sts that it was ''a friendly loan,', since rep:iid. Schenck was al.so reported lestityin about the transfer of the old Fo.x in- terests by 20th Century. William Dover, former 20lh-Fox executive, and J, B. Codd. comp- troller of the.company, spent hours before the jury giving dtliiilt ol the takeover. While the investigation i.« closed, Charles Carr, special assistant U. S. attorney-general, declared it may be reopened if he' feels the nccc^-iil.v cl questioning more witnesses. Blofl's Chi CounsrI Chicago, Dec. .1. Slate Senator Abe Marovitz has been enli.sted as special counsel for Willie BioflC of the International Al- liance of Theatrical Stage Employes who is now under threat of extra- dition from California to serve bal- ances of sentence, on pandering con- viction in 1922. Attorney Marovitz has appealed to Gov. Henry Horner of lllinoi.^ lor ■ hearing on the case be fore extra- actually put nTroTrgh~*n dition Is Bioff. Gov. Horner has granted re- quest for such a hearing, and it is likely that the Governor will li.-ten to Marovitz's plea some time this week. Mpk-St. Paul Indies Now Plan Figbting Metro's % Pix Demands Edw. Small, Rowland Lee Combo Repeat on 'Cristo' Hollywood, Dec. 5. Edward Small signed Rowland V. Lee to direct 'The Son of Monte Cristo,' sequel to 'The Count of Monte Cristo,' produced in 1934 by the same combination. Shooting starts as soon as Louis Hayward, slated for the tille role, finishes his current chore in 'My Son, My Son.' Closer to the Coin Hollywood, Dec. 5. Erne.ct L. Scanlon was upped to treasurer of _^Selznick-Inlernational after several years as assistjint treas- urer. He has been in pictures eight years starling as auditor at RKO. STARS AND STUFF Hollywood, Dec. 5. Jane Bryan, newe.st star of ihe Warners crop, shares lop billing with Eddie Albert in 'Stuff of Heroes,' a new.spaper yarn slated to roll early next month. Ivan Goff and Al Martin did 1he screenplay. Minneapolis, Dec. 5, Claiming « victory over Warner Bros, in their fight against percent- age pictures, Twin City independent subsequent-run exhibitors now are planning an attack against Metro, the lone company for which an exception has been made up to this lime. Northwest Allied States asserts that hitherto the indies have bought four M-G pictures on percentage each season 'under the erroneous impres- I sion' that the percentage deal has I been an established policy of that company throughout the U. S. Learn- ing that in 'numerous other spots' Metro has been selling flat to subse- quent-run indie nabe exhibitors, W. A. Sleffes, NW Allied prez, now declares that, starling next season, the Minneapolis and St. Paul indies 'will buy M-G flat, or not'at all, the. same as they buy other product"' Feeling here has been that Metro is able to enforce.its percentage de- mands on the Twin City indies be- cause it is the only company appa- rently strong enough to get away with the policy. The impression in Ihe trade has been that the indies 'couldn't operate wilhout Metro,' But Sleffes claims that the boys sub I milled because they believed in the ''established policy^unk.' While Warners was holding out for percentage contracts, the company was the victim of an unofficial and individual boycott as far as the Min- neapolis and St. Paul indie.s were concerned. Practically all of the boys, however, are falling in line now that they can buy flat. A few individual pictures, like 'Gulliver's Travel.s,' will be sold on percentage to the indies 'or not at all,' it's indicated. Schlaifer Bark, UA Set' Returning yesterday (Tues.) from a lour of his western territory, L, J. (Jack) Schjaifer, v.p. ih charge of sales for UA in that sector, an- nounced the closing of five major circuit deals, completing chain ne- gotiations in his division. Headed by the Balfban & Kalz contract, covering 70 houses in the Chicago territory, closed several weeks ago, the circuits thql are com- mitted to UA 100% for 1939-40 in- clude Great Stales in Illinois and Indiana; Fublix Inlermounlain in the Salt Lake territory; the • McNeil- Naify chain of 70 theatre: in north- ern California, and the Blumenfeld circuit, al.so In California. GARMES ON FENCE Admits Higher Costs East, Bui May Make 'Em In N. T. Afltr All HoWywood, Dec. ^. Lee Garmes may product two of his three productions for RKO re- lease in New York. Although con- ceding negative costs are higher in the east, due to necessity of shiptiing many players to N. Y., he believes concessions by Mayor La Gnardia would more than offset Ihi,-- lijibilily. First by Garmes, 'And So Goo(ll>.ve,' was originally intended for tasltrn production but was shifted to the Coast when he couldn't get tlit de- sired players to sleeper-jump, ntvofs country. , Hively Fetches 'Anne' '■ Hollywood, Dec. Jack Hively was handed a new di- rector ticket as result of hi} rtttnt work on "Two Thoroughbreds.' Next assignment is 'Anne ol Windy Poplars,' which has been on off the schedule several two years. tilXl (iinei lor WB RETIES WALSH Hollywood, Deo. !• Warners renewed Raoul Wi:l.-liE director contract for another .vt:ir. Currently he is on an outside ji L' Republic, handling 'Dark COminmul. His next, assignment in Bui'bank is 'City of Conquest,' starring J»mts Cagney. Roy Rogers halts his crooning iiiid takes over a heavy role for tlit t'>^^ time in 'Dark Command' >it i<'lj' Story has a Civil War backgrouiid.