Variety (Aug 1940)

MCtVRES TTetliiesdaT^ August 7, 1940 ; . Philadelphia. Aug; 6; u . Rev/. W; -B. Forney, , secre tarjr of the Lord's jisiy Alliahce and chief blvie-la>V : advp«^ in: these. parts, last week rgvealed thai he-w^^^^ seek- ' ihg sigilaiiifei-to . petition to -place an antirSiinday,film-referendum be- fore Philly voters at the iNoyember elections, r... ' vv": '■' Philadelphians :" 1935 registered a two-to-one preference for Sunday. RKO ; Sets With Robi-Rpwley And the •Rohb ■'. St . RowlQy .circuit in Texias arid Arkansas has .dlosed' for the 1940-41 RKG product, covering a total of' 34~ situations.. Ed Rpwiey and.G. V. Jones, of the'ciircuit, made^ the deal with Bob Rloch r-ie,' of . the . Dallas. branch Stndio CoDbracts ^iJuireSi viJhich"\uttii"'t^^^ . barred under Pennsylvania'ii. ancient.j ipJ^^age^ rkA Iq- -ivith Blue laws./ The 'rcrerehdum^ that I ■ Another , deal for RKO. h<= xMth ^ .o ^^^.,;ji,A iwof portiori"^ of ithe five years; ' ■> ■^ : ing^ through 1340.41/was ^m^^^ Forney declared , that he «Pnn-'. the RKO pro for dent that, he can obtain more than arid Okiahoiha houses of the 19,000. signatures "required: to put the. questioh on the ballots.^^ .: Meanwhile: .liberal; '.groups, wpre getting ready to fight ,.piff the reihtro- : duction of the Blu^ .Laws that made . .Philadelphia- Sundisy?>:th? laughing Btbck.of the nation before 1935,. In several towhsi including Harris^, burg; where; the .Sunday ban is ; still in effect. tSuhdiai' films are joptional according to the voters.' chpice) the- atre niianager^ ' . the;se towns are circulatihg petitions to have the iquestion placed- the -.ballot... . . A comeback of, the Blue Laws in Philadelphia and^^hesirhy coriiiimuniT ties Wbuld force. rhany theatres tp close up,: ve.teran exhibs say. The Suhd'ay tjske. is in many Vca.ses th^ difference between staying; busi-. .ness. .or,:fol.ding,;;: - Drive lor Sunday .Pix. • EastPri, Pa,/Aug. 6'. A drive to have Sunday pix ii> i. cities ikhd tovvns^ " thi.S : section, , where the move was defeated five yearis ago, has been started, as pilans ire being hia'de for! another election on the issue,. The laws of Pennsyl-: vania prPvide for local 'option oh Sunday films, elections held every five years. . In 1935 tlie only city to apprisve: Sundays was .Easton. AUehtowilv Bethlehem, Nazareth, Northampton and seyeral other towns in this section are now pre- paring petitions to: have the issu? submitted to the voteri. The peti- tions are being circulated on the streets, in public places and theatres.^ Ih Aiiehtown five years ago the vptp against' Sunday, shows was 11,750 to 8,890. 'SiriCe-Sunday pix hive beert a succiess in Eastoh, it is believed th^t It will pass in AllehtPwn iand Beth- lehem this year.-.-' the chain. . ■. .-,■■: Kincey-Wilby has closed with RKO for its; 4940-41 iproduct to cover the circuit's! theatres in North, and Sotfth Carolina, .totaling 31 situations. Ro- bert Mochirie fiiom the RKO honie office and- j;.' J. .Breeheenv southeast- ern district manager, neg<>t .deai*.^ ■ '. : Music Hiiirs Product . Closing numerous, deals ; . .' p'iir tures,;the Music Hall, N.Y. is ca[rried well iritp the fall on product. Set ;tP.. foUpW.. 'Pride and Prejudice*■ bPiight from Meti^o and openihg to-: morrow (Thurs.), .aire 'Ramparts We Watch' (RKO), , 'Lucky Partners' (RKO), 'Howards of Virginia" (Col). •They Knew Wtiat' TO Wanteifl'. (RKO) and '-The Westerner.' C(3oltf-: wyn-UA ), , While 'Rarhparts' is . to follow 'F'ride arid :Prejudice,' :others will- riot necessarily play the Hall- in the order named. ;Hollywobd, Aug. 6. ; WarnersV hoisted its player pption on Dennis lilorgari: ; John Sutton tiirew a new actor op- tion af20th-F6x. d^rreit draiig: rigfled a iplayer piapt at; Warners. ■. Luclile Fairbanks' player ticket re- newed by Wairners. ; Metro, hoiste<i Waldp Salt's wr jt,er pijptipn....:.. ■':.':- '. -^:■...;•:'., Bonita Granville drew new player pact at MetrP. ; •Warrfei^s . picked ;;up. .WiUiaiiTi.: T. Qrr's actor cptipn, ; 20th-:Fox renewed Henry: Fonda's pact'for anothet year.; ■■.:■';;. ■] ■■ James .Stephenson inked ne'W de- ■sigrier.-.ticket at'RKO.;'{;■ Warners:: handed Arthur Kennedy; .a player cbntract. Walter Pidigepn'drew new termer from MetrP and ; carries on; in . the title role of -I^ick ;Gart€!r' series. ■ Georgie Moritgpmery won op-, tion'iiit;at^^Oth-pbpi. ■ . ^ j^. ' Metro handed Chill ^Wil^^ ie:Tm player deal. ' ■ . ;.: " tfltimately Rppublic may cdhtirpl all lis own exchanges throughout the U. S; by buying up long-term franchises h^ld by local/former indepehdent, exchange men.. At;present in command ol likely offices, including siich important sales points-as New York; Detripiti Buffalo,; Lbs Angeles, Boston and San Francisco, R6p may within a year or shortly afterward round up. the balance arid thus ;becpme a natibna major selling: its own pictures. ::'■■ ' J-'-^ -'-r:'? ■V'-^ - ■'■ ;.■ ;uhder the franchise system, empl^ the holders i .the yayious: exchangertei'ritories; sell the pictures pn a, percentages b Whtsri originally; set up|. Republic negotiated deals with Indeperid^^^^^ in the various branch points on a baisis of . flyiB years^: Before these'deals were up, but after they had r^h arp^irid lour yeiirs. Rep; re-hegotiated termers for another five- years With the franchise-hPlders at terms more iri ^line'with Rep-isalesippssibilitics, ;';■- -.''.^V';■:. :.'■. ■^;' v-; :,;^'..'^^'-.■:■; . -■■ - ■ XJnder the renewals-en the five-year basis, Rp^^^ buy out the frahchise-holders. ;; Mono, in closest pppPsitiph to Rep; but rurihihg; behind it on ;sales reportedly, conUnues under the franchise; sysr ■tem--and is. expect^vto remain't^^ •:■;'^'/v-..:'- Ne>v York; local fi02 ;6f the American Federatibn of iilusici?|ns is not the direct bwrier' of the property in which is situated the- Casino theatre, ,Naii film hoiise in Manhattan's Yprkville, althoagh owners pt the building are, members! 6f the union, Theatre property is actually owned by .Musical Mutual Gorpi, which wWs formed ^xpressb' as a holding compiany for it by members pf the Musicians Mutual Protective Association when that prgah- ization in 1920-21 became Local 802. New York local vised the building as a meeting place until 1934. Harry Kantor is prez of MMCv i y ACCENT ON LAUGHS S«i^Wnl• ;of "rhihii ba ';■:: ■i94«Ul-;Plx:;-'' All PAR^S«4«0NTHIIET AT 0' Rejects 20tli Me, Takes Cigl Pic Hollywood, Aug. 6. Pat 0'Brieh?s first picturCj fpUow- !ng the cpmpletibn of This^ term cPn- tract with Wariiers, will be 'Passage West' for Columbia.. . Actor was offered a top role ,in •Western Union' at 20th-FPx, but declined becayse it would interf*?re with, his appearance; at the South Bend premiere of his last Wai-ners film, 'Knute-Rockne-All American,' Rep*s ^Parade' Rolls; Garber in Ork Hollywood, Aug. 6., Cameras start grinding tpmorrpw (Wed.) oiv Republic's >Hit Parade of 1941,' with John H. Auer directing. Latest additions to the cast are Jari Garber and his band; Six W and a Miss . and Borrah Minevitch and His Gang. Fr . Xangford ' arid kehhy Baker; are the romantic leads. Garber is. .In spot, primed idr Benny. Goodnian's band until • the maestro . was forced , to the Mayo Clinic" in : Rochester, Minn., for his: sciatica ailment.: Goodman has. just been discharged and i^ convalescin g at Banff, in the Canadian Rockies. Bacon's Tabiilws 30 ■ " ■ ■• Hollywood, Aug. 6. '. Lloyd Bacon gets the director chore . on . 'The FabulQUS ^irties,' slated by Warners as a -starrer for James Cagney and Humphrey Bogart. picture is based on a story by Mil- ton Krims. . ■ ■ ; • Paramo'unt earnings rose nearly $1,000,000 in the first six months this year, as compared with the first half of 1939, estimate of earnings by the company laist week showed. Net earnings for the six*month period ending June 29 totaled $3,084,000, as compared With $2,130,000 in the first half of last year. Parahiount secured $1,039,000 of this net : from undis- tributed earnings of jpartially owned non-consolidated subsidiaries, and $66,000 from profit: on purchiase pf debentures. In the similar period of 1939, the company obtained $978;bp6 as its share of' undistributed earnings in partially owned non-consolidated subsids. . The earnings represent $1;01 per share oh common after providing foi:. dividends on the preferred issues as against 62c a share in th,e six months ended July 1, 1939.^This was in line with Wall Street estimates made sev eral weeks ago! Second quarter e.arhings for. the three months ended June 29 amount- ed to $1,478,000,: after interest and all Charges including . additional foreign and Federal taxes from Jan. 1 this year. Latter provision is made be- cause pf new: rates under the 1940 revenue act. . In the corresponding quarter ending July 1 last year, earn- ings totaled $830,000. Paramount noted that cnly $323,000 represents Par's direct and . indirect net interest as a stockholder in the combined undistributed learnings for the quarter- in partially owned hoh- corisoiidated -subsidiarieSj as against $300,000 iri the second quarter of 1939. "liiis plainly; indicates that t^ bulk of the' earnings ■reported for the sec- ond quarter: this year came frpm film rentals rather than from theatre operations. .;^ . Cpmpany showed 141.590 shiares of $100 par value 6% first preferred stock, and 555,071 shares of .$3.0 par value 6% second ipreferi:ed slock out- standing as- of Juhe 29. last. ; ;Also re- ported 2,465,927 i shares ;of common; outstanding on the .same date. Earnings .were published the; sa date, Aiig, 1, at the meeting of the board of .directors when Henry ;G ins- berg, was elected vice-spresident to .succeed; GSebrge L. Bagnall, resigned. Ginsberg the new general man- ager at Para^ipunt'.s stud ip. joining. :the company only about\ six month.* ago :fpllbwihg.' hiS; connection Avith David -O. Selznick. . ^ Option taken' byParamount re- cently oh screen rights tp 'Captain From Connecticut,* novel by C. S. Forrester, calls for purchase price pf $45,000. It guarantees, in addition, a minimum of $5,000 for five weeks' work in doing the screen adaptation. Forrester also did the adaptation of Capt.. Horatio Hornblower,* which he authored and which is now being filmed by Par. 'Captain From Connecticut* is not yet written and won't be until For- rester winds up. other Hollywood commitments later in the year.. Book is not, scheduled for publication Un- til September, 1941. : ■ \ . Clarence Bro'wn's. Buy ;.; Cljarerice Brpwh, Metro .producer- director, last week purchased screen rights tp:'Oklahoma Biding,* an his- torical novel: by . Edward Donahoe, y hich will be published by Hough- ton-Mifflin in the fall. Story deals with the Oklahoma oil. rush.. Price was $7,5()0. ; Purchase was ai;personal one. by Brown in which Metro did not par- ticipate. . Price was $20,000 for the American film' . rights . to 'A Woman's Face,' which Metro recently .puirchased. Company bought the rights to a Swedish picture ; which was made from the. original French play by Francis de Croisset. ' .Hollywood, Aug. 6. : Hal Roach is streamlininghis 1940-41 . program for laughs ;>nd whittling off any branches that lead toward tragedy. Comedy is the main idea in his flve-picture lineup for United Artists release. : 'The Unholy Horde,' originally a heavy drama of the French Reyolur tidri; is back in the planing ihill to smooth pff the rugged spots. 'Road ShPwi* currently in production, is getting a humoro.us treatment. The other three, 'Topper Returns,' 'Niagara Falls' and 'Broadway, Ltd ,' are .essentially comic. ; : RKO Our Gang Dons Mitts ' Hollywood. Aug. 6.; Metro has. set; 'Fightin*. FboLs':' as; the tag on the; next Our Gang comV edy. .:\;- ^ ' '•;;' . Edward Cahn draws the directorial assignment; Story Buys Hollywood, Aug. 6. •Metro bought 'Married: Bachelor,' by Manny Seff. ■ Walt Disney purchased 'Bambi's Children,' a sequel to 'Bambi,' by Felix Salten. Grace Moore's Freiich Pic, *LoiiiseV Subject of Suit Suit;6ver <Grace Moore's, last , filin, 'Louise,*, was disclosed Mpnday. (5) in N. Y. supreme court when Sylvia; Shafrari, assignee of the Societe Parisienne de Production de Films,, producer of the film, had her re- quest for arbitration granted, by Jus- tice Kenneth (3'Brien against Arthur Mayer arid Joseph Bur sty n. Action seeks an accounting :Pri' the domestic gross. . •". ...' The; distribution contract betweeiri thie prPducers and the defendant y/as: entered into July 11, 1939, whereby the first $2Ci,000 was to go to the pro- ducers, the riext $25,000 to the de- fendislnts; the next $20,006 to the pro> ;ducers arid the next $35,000 to the defendants. ■ A 50-50 split .on all ;monies Over $100,000 . wias to conclude the tract. ' • - First exhibition ; was begun in February, 1940, but the ..defendants have refused to turn over monies, ■claiming they;received a print With .a faulty sound-track. OnMay 1, 1940,.; the producers assigned the rights to Miss~Shafran who ; now seeks. to . have the controversy arbi- trated . "The dtefendarits • fought arbi- tration, claiming that rip proper as- signrnent was made, and it Was their understandings that the- assignment was made to Miss^ Moore, and riot to; the plaintiff. The court ruled -arbitra- tion will hurt-no ;orie, arid • granted the plaintiff's, requests liirectbrs pf Radio-Keith-Orpheiim; again passed up paying the dividend of the new 6 % preferired stPck when the board met last week. Company now owes $3 a share on . this stock as of July 31 last. Statement from RKO explained that consideration Was given to the matter of declara- tion of a dividend on the preferred shares but that the board determined tO; talce no action presently on the distribution matter. Np additional ejtplanation. :was forthcoming from the company. Coii.'s $374,767 Cbrisolidated FilnV. Industries virr tually covered preferred dividend rer quirem^rits on its $2 jpreferred stock iri the first six months this,year, - port coveHng first half of 1940 show- ing net earnings, of ,$374,767, after 'all - deductions . excepting provision for Federal surtax on undistributed profits. This is equivalent to 9VAc per preferred share, which is at the rate of $1.87; per year. Consolidated Film net earnings, with the same deductions, totaled .$195,468 for the second quarter this year, ejided last June 30. The three- riiPnth period net amounted to 49c per preferred share ori 400,000 shares pfeseritly outstanding." RCA Dlvvys Dividends of 87'%c on the first preferred and $1.25 pn the Preferred B shStes of Radio Corp. of America Were;de.clared Friday (2). Both dis- tributions cover the: quarter ending next Sept 30. Both divvys are payr able Oct. 1 to stockholders, on record Sept; 6 next. ■■■ . RCA net profit rose more than $1,- 5.56,600 in the fir.st sii months ending June 20 this year as compared, with the ..same period of. 1939.. Company showed net profit of $3,728,621 as against $2,172,201 in the first half of last year, according to "a statement issued' Friday (2). jhis is; eqiiiva- lent to about 15c on the common as compared with; 4c in the initial six months last year. . San Francisco, Aug. 6. First mass; .boxpffice tilt in Cali- fornia, since new Governriient tax became operative goes into effect Thursday (8) in Ave Sari Frari , first-run houses, Bopst yNiW riot only dp • away with use pf pennies, bvit alsP giyies the exhibs a slight edge in takes. Mouses going for tilt are Warfleld, Paramount, Fo^x, Orpheum and St. Francis. United Artists (indie) is Unaffected because of its current 50c night scale" arid Golden Gate <RKO) is exjjected . to continue at present 55c (includ- ing tax) top figure. Tilting houses, now charging 30c plus; tax, up to 5 o'clock, will boost ■to sic with a 4c tax for total of 35c. Heaviest upping will be.bn night ad- missions, which will be jumped Irpm . present 40c and .4c tax to 45c includ- ing 5c tax. Night prices Will prevsil all day Sunday, yirtually insuring one-eighth increase in grPiss take..;; SEVEN IN MALVERN^S HOPPER FOR MONOGR AM •Oyer Roinanice . Hollywood, Aug. 6. Paul Malvern has seven picturer lined up to shoot for Monogram .re-;, lease during 1940-41 following 'Queen of the Yukon,* now in the cutting, room. First to, go is 'Drums of ;the Desert,*: which . Malvern produces under an independent setup at the Ralph Like studio. . ■ Others on the list are two Jack London tales, 'Sign of the Wolf and 'Trail of the Yuk9n,* and four Keye Luke mystery melodrariias, 'Ali ; Jimmy Hogan,' 'Million Dollar Mys- tery,' .'While Frisco; Sleeps' and 'Phantom of Chinatown.' to Stars m 'Hudson's Bay' Hollywood, Aug. 6. Paul Muni closed ,a deal to star in 'Hudson's Bay. Compariy' for 20lh- Fox,; the studio where he made his fllrri debut. It " -onerpicture con- tract. . .■.''■;■■■':;.';■.• ..; , ^ : Filming starts Aug; 16,-with Irving; Pichel as director. . Final' script; has: been approved by Clifford Wilson, of Winnipeg, exec of HBdson's Bay Co. ' » ; - ' Hollywood, Aug. 6. .Alexander;: Korda is reviving the romance. • between Lord V Nelson arid- Lady Ha mil ton as his first prp-; ducer-directpr job -in HOllywoP'd, with Laurence Olivier and Vivien Leigh as cp-stars. . Nelson was the English admirial responsible, at the cost pf his life, for Napoleon's crush- ing defeat at Trafalgar in 180.5. •; Filmirig;.starts Sept. 15 after Korda wirid.s up editing 'The. Thief of Bag- dad,' ; , .-; Mary Martin in Tpvrh* Hollywood, Aug. 6. Mary Martin's .riext job at Para- mount is' a 'straight draritiatic role in 'New York, Town,* by Jo Swerl- ing, scheduled to start .Oct.. 1... ;• •. Mitchell Leiden, directs and An-; thjjny Veiller produces. MARSHAIL PILOTS 'iBOLD' :•• . . HPllywood, Aug. 6, ^ George Marshall has been signed to direct 'Pot ' Gold' • for ' James; Roosevelt's Globe Productions. ; Filming starts Sept. 15, for .Udited Artists release.