Variety (Dec 1939)

VARIETY PICTURES Wednesday, December 6, 1939 4 St Louis Deluxers Slash 15c Each To Combat New Nabe; Fear Price War New Theatres St. Louis. Dec. 9. Rumbles of a possible war between indies and the four deluxers here because of the recent night price flash by the larger houses have been heard in recent weeks and flim ex- change heads are fearful that - the smaller houses will ask rental con- cessions to equalize , the losses they claim they are suffering. Sever.nl weeks ago the Fanchon & Marco Fo.\, Ambassador and Mis- roiiri, and Loew's, Metro's first-run- ner here, simultaneously clipped 15c frjm the 55c night admish scale the day after the Esquire, a $300,000 de liixe nabe, opened in the southwest- ern part of the city. The Esquire is owned and operated by the Schu- chard Investment Co., which also owns and operates the Norside, an- other de luxe nabe. The larger of the nabes operate on a 35c admish ccale, while the smaller indies in the third and fourth-run class have a 15c and 20c price. The indies claini that when the deluxers dropped to within 5c on their scale their biz began to suffer. Several of the indie operators are reported to have approached film ex- change heads with the request they bring pressure on the' larger houses to restore the old price, but didn't get far as pacts. Indies are re- ported to mulling the Idea of fighting fire with fire by a Slashing of their own admish prices. In the meantime the giveaway b.o. shot in. the arm goes merrily on, although numerous efforts to stop it have proved fruit- Jess. Rest for Hopalong Hollywood, Dec. 5. Harry Sherman winds up his 1939- 40 quota of Hopalong Cassidy west- erns with 'Hold Your Hoi'ses,' slated to start this week at Paramount. Picture also washes up William Boyd's current contract. Outfit is due for a layoff until April 1, when it starts six more Hopalongs for the new season. - ^ Milwaukee's Slashes Rouse Trade i Milwaukee, Dec. 5. Up in arms against two-for-ones end slashed admission prices, a city- wide meeting of exhibs has been called for today (5) to see what they can do about it Independents and chains alike are aroused and both the Fox and Warner-Saxe operators will join with the indies to stamp out cut-throat practices that some theatre men have resorted to, with no profit to themselves and a con- tinuance of which will utterly de- moralize the business. Free dishes, silverware and linens no longer a lure, the offenders in some neighbor- hoods have gone to 10c admissions two or three nights a week, and it Is feared their next move will l>e to jitney admissions. Exchange men, too, are in the fight, for rentals have been forced lower and lower by the growing bad practices and dollar-a-day rentals for some films are by no means un- neara ~o'f. FILM EXCHANGE UNION MEETS lA ON NEW DEAL Immediately following election of cfficers for the coming year, held Monday night (4) in New York, ex- ecutives of the Film Exchange Em ployees union. Local 51-B, went into huddles with the International Al- liance of Theatrical Stage Employees to discuss demands to be made upon the distributors on a renewal of the contract which expired Dec. 1. Promising that an increase will be . sought, together probably with betterment in working conditions, the Film Exchange Employees be- gin ne.i'iotiations with. the distribs tomorrow (Thurs.), with lATSE representatives sitting in. De- rnands may differ for various terri- tories, depending on conditions, etc, Lou Johnson, of Metro, president ef the Exchange workers union, rep- resents the New York, Boston, New Haven and Buffalo branch terri- tories. He was reelected pr^z by a unanimous vote Monday night (4), while Leo Braun of Paramount was similarly reelected v.p. SAG, AGMA^TA Under One Roof Is First Step In 'One Big Union' Move Opening gun in consolidating all of the union affiliates of the Asso- ciated Actors and Artistes of Amer- ica under one roof in New York if being fired the end of this week, when the-eastern offices of Screen Actors Guild, the American Guild of Musical Artists and the Theatre Authority move Friday (8) into one suite on Fifth avenue. While possi- bly not concrete proof that the 'one big imion' idea is on the immediate horizon, it's another indication o[ the closer collaboration of the talent unions. TA is not a union, but a body set up by the various -actor groups to control benefits and see to it that the unions' charity ends get a share from any type of approved charity show at which actors appear gratis. It has Sam Scribner as its nominal head, with Alan Corelli a director and tiie active rep in New York, with associates who function similarly in Chicago and Los Angeles. With the quartering of SAG and AGMA on Fifth avenue near 45th street, all of the important Four A's affiliates will be within a radius of two blocks. The American Guild ot Variety Artists a few weeks ago moved to West 45th street; the Four A's offices also are on West 45th, while Actors Equity has its own building on West 47th. Latter would also move In with its union asso- ciates, but first wants to sell the property it now inhabits. Even if the 'one big union' does not evolve, the idea of all ot the unions taking office space together would effect a huge saving for their -treasiirip.';, pliic! also makin g it con- venient for those members who double into various fields and hold multiple union cards. Equity, for one, has a large overhead in main- taining Ita present quarters and would like to economize. Another important factor making the 'one office' important is the research underway by a Four A's committee which may eventually result in an interchangeability system for mem- bers. Philadelphia, Dec. 6. • The Wood theatre, Woodbury, N. J., operated by the Atlantic Theatres, Inc., will open Thursday (1). Chain headed by Ben Amsterdam, Mid-State Theatre Corp. erecting new house in Watsontown, Pa. The Astor, Allentown, shuttered Sunday. Wilmer Si Vincent's new Penn, Reading, skedded to open for Xmas holidays. The Shore, new 1,450 - scaler, opened in-Wildwood, N. J., last week. Operator is William C. Hunt. The new Tyson, northeastern sec- tion of Philly, .<ict to open this week. Owner is Leo Poscl. $100,000 Oahn Against Pascal; Other Picture Biz Litigations Elhins' Jr. House Memphis, Dec. ."i. Elkins Bro.<:. building new 600- .sentcr at Aberdeen, Miss., to be known as the Elkin, Jr.. They al- ready operate the Elkin, town's de- luxe showplace. New emporium due for early spring premiere. More Seals for I.. A. Los ^ngeles, Dec. 5. Already much over.seated, town got 1,600 more pews last week with the opening of two new theatres. Mel- van in Hollywood added 850 to the seating total and the Campus here pitched in with another 750. Both subsequent runs. Harry M. Popkin and Jack Y. Ber- man approved plans for new 850- seater in East Los Angeles. Con- struction starts early next month. C. H. Giles Bnlldinr Hudson, O., Dec. 5. C. H. Giles, Chagrin Falls exhibi- tor, has acquired a lease on the Buss building, an old Hudson landmark, and is altering it preparatory to con- verting it into a modern theatre. New house will seat 450, ready for opening about May 1, 1940. 3 Brotherhoods Voted 10% Wage Increase in A.C. Preview Gag Irks Indies on the Coast Hollywood, Dec. 5. Surge of previewp to bolster pre- Yul« biz is being fought by the In- dependent Theatre Owners here. Moveover of films for continued first- runs is also under attack. Fox West Coast has been called the greatest offender, with indies forced to follow suit to compete against the 'preview' flag. Newsreelers' New Union Agreement Due for OK Arrival of'imion negotiators from the Coast in the next week or 10 days is expected to see the successful con- summation of a new wage-hour agreement for the International Pho- tographers union (newsreel'camera- men) in New York shortly. In hud- dles held about a month ago the matter of severance pay and insist- ence that the 10% wage hike be made retroactive were the stumbling blocks. The newsreels are fairly well agreed on a wagie increase and the elimination of any„ interchange of prints. Exception to the latter stip- ulation is where government regula- tions forbid general coverage or where anything but joint handling of a story is physically impossible. Newsreel management felt that any 10% hike' should apply only from $1-00. and that the cameramen making $150 per week would be given only a $10 boost, based on the $100 scale. However, it wa.^ indi- cated by union officials this week that this point would be waived if the pay raise is made retroactive. Spokesmen for the newsreels thus I far have been opposed to severance I pay because of the large outlay it would impose oh each newsreel out- I fit if changes ere made in the staff.s. Atlantic City, Dec. 9. A 10% \yage increase to the three brotherhoods on the studio lots was voted late today (Tuesday) follow- ing a five-hour session here at the -Ritz-^Carlton—hotel.—-The—r-a-ls-e-s- go into effect immediately and ob- tain for a year. The increases apply to members of the International Brotherhood of Teamsters & Chauf- feurs, International Brotherhood of Carpenters St. Joiners, and the Inter- national Brotherhood ot Electrical Workers. The ArAerican Federation of Musicians merely sat in and did not figure in the increases. Top film execs from New York met with reps of the four interna- tionals that are signatory to the so- called five-year studio basic agree- ment. The wage increases followed on the heels of the 10% temporary increase voted the International Al- liance of Theatrical Stage Employees, now in effect on the Coast until Feb. 15. Under the old studio basic r.gree- mcnt, from which the lATSE has withdrawn to negotiate separately with the film producers, the interna- tionals each year get together with the studios to set terms and condi- tions for the ensuing year. The five- year agreement has ju.<;t one more year to go and is usually negotiated on annual renewals in the spring of the year. The basic agreement ex- tends each year from April 1 to April 1, with result there is still. consider- able time in which to weigh and dis- cuss the renewal for. 1040, today's huddle being preliminary to that. Producers represented at the At- lantic City conference by N. M. Schcnck, Loews; W. C. Michel, 20th- Fox; George J. Schaefcr, RKO; Leo Spitz, Universal attorney, Joseph H. Hazen, WB; Leonard Picker, Colum- bia counsel; Austin C. Keough, Par legal head; Harry Buckley, United Artists; and Pat Ca.scy and Fred Pel- ton, labor contacts for the producers Assn. Internaitionals under the basic agreement were ropre.'ientcd by Jos- eph M. Weber, musicians; William Hutcheson, carpenters; Daniel Tracy, teamsters, and a rep for Daniel To- bin, IBEW. 'Edison' Start Delayed Hollywood, Dec. 5. Shooting of the Spencer Tracy starrer, 'Edison the Man,' slated to start Dec. 10, was postponed until after the first of the year. Metro switched production plans and ordered actor to. report for re- takes on 'I Take "This Woman,' in whieh he co-stars with Hedy L«- marr. W. S. Van Dyke directs. U Defers Divvy Plan Until After Jan. 1st; 2Cth-Fox's Dividend Although Universal's board of di- rectors is scheduled to meet tomor- row (Thursday), it is.unlikely that the plan for paying up arrears on the first preferred stock will be set until early next year. Universal offi- cials have had some proposition .call- ing for the partial payment of past due dividends under consideration for some time. Directorate may get together on such a proposal at the first monthly meeting, next year so that it can be submitted to the annual stockholder.s meetmg in February. There was $56 due on this preference issue as of Sept. 23 last. . So much progress has been made in getting out the annual statement for the fiscal year ending last Oct. 28 that Universal now expects lo have it available the first w^k in January, 1940. Usual heavy year-end readjustments with more than the cusftomary writeoffs in amortization, because of the foreign situation, is expected to cut into the final net profit figure. U is following the ac- cepted bookkeeping methods in fig- uring heavy amortization charge.<: be- cause of possible losses in the foreign market. Regular Fox Pfd. Divvy Directors of 20th-Fox last week declared the usual quarterly divi- dend, covering the fourth quarter, on the preferred stock. This maintains ' out the annual $1.50 rate in effect since the stock first was issued. No action was taken on the common shares, but the directorate still has time later this month to make a special declaration on this stock. This was done in December of previous years. Company has paid $1 already this year on the common. Divvy on the common was passed at the previous meeting al.so. Claim for a $100,000 cut on tha profits of •Pygmalion' has been started against Gabriel Pascal, Brit- ish producer, by Dr. Joseph Krlm- sky, Brooklyn physician and father of John Krimsky, director of amuse- ments at the New York Wcrld'i Fair. Krimsky maintains that he entered into -an agreement with Pascal in Paris in January, 1933, which gave him perpetual options to: 1. Acquire a 50% interest in any film made by Pascal by paying half of the production costs. 2. Acquire a 50% interest in any film bought by Pascal by paying Pascal half the purchase price. 3. Acquire distribution rights in United States, Canada, Mexico and Cuba to any picture bought or pro- duced by Pascal. This right, accord- ing to the complaint, may be exer- cised independent of the options on buying in on pictures themselves. . Krimsky claims that for these priv- ileges he advanced to Pascal, who was said to be broke at the time, $5,000 on American distribution l ights to 'Le Loup Garou,' a German- made film with French subtitle.<;, which Pascal owned. Krimsky de- Clares that these rights weren't worth the $5,000 advance, but he was helping Pascal out and they made the option deal as partial recom- pense. Under the terms of the agreement, Krimsky declares, Pascal was to let him know full particulars about any picture he made, contemplated mak- ing or-contemplated purchasing. He did this on several films. It is said, Krimsky each time declining to ex- ercise his option. Krimsky claims, however, that Pascal gave him no notification of Pygmalion.' First he knew about it, he slates, was when Metro ac- quired American distribution rights. Krimsky maintains that his share ot j the film would have netted him at I least $100,000 and he is demanding reimbursement to that extent. Pascr.l completely denies and asks that the entire proceeding be thrown Rcadc Vs. Joe Sullivan Suit of Walter Reade against Joseph T. P. Sullivan for an account- ing of profits from the operation ot the City theatre. East 14th Street, New York, was disclosed in the N.Y. supreme court Friday (1) by an ap- plication to examine the defendant before trial. (Cancellation of Sul- livan's lease on the theatre is also Preferred-distribution—is—payable- Dec. 20 to stock on record Dec. 11. DANVILLE, YA, SUNDAY FILMS FINAUY OK'D asked. Reade claims breach of ■ VSSV agreement whereby he was to. share equally \yith Sullivan's profits in the operation of the theatre, over and above $12,000 yearly. Sullivan's answer is a general denial. Lynchburg, Dec. 5. Sunday films finally legalized In Danville, Va. Fleet Robinson, the- atre manager who put on a Sunday 'benefit' show to test the ordinance, was acquited by a Corporation Court jury. Robinson claimed a of pro- ceeds went to aid Battery B, 246th Coa.'st Artillery. Judge Henry C. Leigh qun.c-hed warrant against Capt. J. W. Squire, commander of (he company, who was arrested with Robinson. Danville was last sizeiible Sabbath stronghold in state, with pop. of nearly 30,000. Dover's *^ery Shifts East That Temple Suit Aeain Los Angeles, Dec. 5. Suit for $500,000 against Shirley Temple, filed by Jack Hays, pro- ducer, must go to trial under a rul- in.!? by the District Court of Appeals, which denied a dismissal motion by the moppet's parents, George and Gertrude Temple. Hays claims he di.scovered and trained Shirley and asks $500,000 for his labor. Shift WB Suit Frank L. Shaw, former mayor, had his $1,000,000 libel siiit against War- ners transferred from Federal to superior court. . Plaintiff asserts he was .slandered in the Warners picture, 'The Man Who Dares,' produced by Bryan Foy, who is also named in the suit. Hollywood, bee. 5. i William B. Dover has split with $20,000 Shortage .Laid Frank Orsatti and" plans a general agency in New York, handling talent I and material for pictures and radio. | He will al.so represent Hollywood I agencies with no eastern connec- I tion-s. New agency will be in the Radio City district. To Circuit Accountant ' JEAKNETTE XOPF HURT Rochester, N. Y., Dec. 5. Jeannette Loff, 27, Chicago, former picture actres.s, and six other per- sons suffered slight injuries in a three-car auto crash here last week. She was riding with her husband, Burt Friedlob, 36, director of a roller skating derby at £<lgerton Park. - Accident resulted from liie blow- out. Montreal, Dec. 5. Alleged to be responsible for a shortage in- the books of around $20,000, Charles Edward Kibbey, ac- countant of Consolidated Theatres, Ltd., which control five first-run the- atres here (including His Majesty'.* which also plays legit), was arrested Friday afternoon (1) and later re- leased on bail for hearing Dec. 1- Charges of theft and forgery were laid against the accused. Kibbey disappeared Saturday (25> from his home and it was stated that he was suffering from amnesia. He had been employed for a number of years'by Consolidated Theatres, Ltd. and is well known in-theatrical cii- cles here.