Variety (Dec 1940)

Wednesday, Deceqiber 11, 1940 PICTURES T •What's hbiiihg iip film jukeboxes?' That's the question that's been riiig;^ Ing- recently from Holly wood. to Poldunk,; Maine. ; Although ' the see- box-Idea .is more than year - old, the ■ machines hiave been perfected (except for a selector device) for inor^ than eight months, not a single box is rib.w operating oii a regular commercial basis;,: ■. . Back of the delay aiipears ,t6 be the old story df 'let cWge tak^^^^ chance.' Manufacturers - and; flhan- dal backers; despite their glib, optt- hviSm, ire virtually all waiting, for ebmebody else to go into large scale production of rhachlnes and. film. They want tb see the Jiike 'devices operating .'under actual commercial conditioiis befora, they sink heavy, apin.; .. 'i, ' •'' The brie mahVactuter they are iall looking to. as thie pioneer is Mills Novelty;; Co. of. Chicago. Mills, long a leader iii standard jukebox manu- facture, and with the tifeup of James Roosevelt's name ori the film-making and, is being faced with practically nb competition to get machines out JJrst. •• Break is . expected to* conie <early next year, after the annual coin ma- chine exposition at the Hotel. Sher- man in Chicago, Jah^ 13-16. Mills, aopri. after, that, will put the see- boxes in locations and everyi/ne. will get a chance tb learn whether he has a large-size bonanza on his hands or the decade's biggest flop. . :'Frati6lilses ' What hai actually held up produc- tion of boxes and film is- manufac- turers' demand that- anyone who wants a franchise. In addition to buy- ing machines, must make an advance payment on film, There's apparently tio squawk on passing, over a down- payment on. the boxes, but the boys art reticient about that advance on (Continued oh . page 1.5) ' . CATHEDRAL WILL MAKE 16MM. CHURCH FILMS Hollywood, Dec; 10. . Cathedral Pictures, headed' by the Rev. James Friedrich, is giving up the general production field to de- vote itself exclusively to 16 mm. re- ligious films for. use. in Sunday •chools, putftt,' organized last year, produced one 35 mm. picture, which was sold to 20th-Fox. ' . Program calls for 24: shorts, to bti screened in churches next year, Three subjects, 'The Prodigal Son,' 'A Certain Nobleman* and 'A Child of Bethlehem,' have^beeh completed. Dr. Friedrich,, an Episcopal pastor, figures; on a pptehtial field of 200,000 churches in; this country alone. Eddie Clarke, Theatrical 34fliHop*^^^ Hbllywobd, Deb. W; ; Harry Sherman sent his .34th'Hop^ along Caissidy ; feature ihtb pvpduc- tiOn on- ibcatioh at Lbrie Pl.rie. William. Boyd heads .a troupe of 100. Eleanor Stewart new femme lead. Lesley Selander dii;ecting. Film Biiyinfl^Seryices Deeined Inevitable a» Matter of P h y 819 a 1 Expediency—■ \Videspread Chains Would file on the Bicycle All the Time, Otherwise ; ; MAJORS AND INDIES Semcies to Col. . Columbia on Friday (6) piirchaised 'Mr, Twilight,' original screenplay by Sidney Harmon, Broadway legit producer. Price w^a $8,006! Deal had. been in negotiating stage for weeks, Harmon desiring a sale which would include his services as pro- ducer or iBssociate. ; This phase is. still being worked dn, although the inked pact includes no such provision. ■■', ;Story is somewhat. in the nature of a follbwup' to Col's ^Mr. Smith Goes to. Washington' and ■Seria:te Page Boys.' It's a. satirical treat- ment of the supremie court, telling, of a young new justice who realizes he knows the law but not tlie feel.- iiigs of the people and sets out to learn.' Hively's *Hang Out' -° HoUywobdi Dec. 10. RKO picked up: Jack Hiyely's di- rector option and assigned 'Hang Out the Mpoii' as his next picture under Frederick Ullman's producer guidance.; . jiively's last piloting job was 'The Saint in Palm Springs.' KOHIMAR'S 'EELATIONS' . Hollywood, Dec. 10. . Fred Kohlmar gets the associate producer assignment; on 'Imprpper Relations,' slated for a January start at 20th-Fox. Victor Heerman and Sara Mason \yrote the story. Buying combinations and services are expected to spring up next sum- mer -when fuU-lihe . forcing and blind-selling come to ■ an end, with. .exploratory consideration already being given to the demands that will be made upon the. exhibition .side of the fence .ih lining up film under the n?w scheme of tilings. It is causing not a: little worry; ■ In looking forward to the buyihg of piictures in .groups, of not mbire than five, with all features to be screened, before ofifered for sale, exr hibitors are -afraid buying will not only cause-severe strain biit also run into heavy/overhead. ;, This will be true not only : fpi", the larger , chains but also for the littlei indie wiib may be several hundred miles from the nearest exchange. . .' Firstly, the pictures will have, to be .seen. Then, it is pointed oiit, sonie tirhe may be required in ne- gotiating the .flock pi. separate. deals that will have to be. made, for any- where frbm bne to five features. While it may be that after the first year of the decree;, exhibitors will not look at all pictures before buy- ing them, for the .1941-42 season it is expected buyers will Want to cbver as many films as possible to estab-. lish; bargaining powers, cleaTance, etc. The matter of getting cancella- tion clauses into contracts, not for- bidden by the decree, is another very important angle. Certain deals may be made for a group of five, with the exhib having the right to reject one. Such deals might be made without .the buyer :looking at the pictures; ; ; Later on the attendance at screen- ings might be substantially reduced , except , where advance tip^s would in- dicate a specific picture as being sour or where the exhib is diibioiis over the quality in the flow of prod- uct from a giyen distributor. At the outset anid dependent on ,'(Continued on page 23) Columbiay^M^ ill Antidote to Agents /Janet Wopd; .assistant easterri; story editor -of Metro,, claims to • have :fpuhd. the real solution;for Scaring agents. She appeared in the office last week wearing a badge ('Brad- fdvd, pa.,. Special Police'—it's genuine V a fancy cartridge, belt: and a. cap pistol hanging: froin. ^heiv'side. :. Look' at M-G Problem of handling' exhibitibh. of .'The Stary Look Down' is now con-, iributing to 'Metro delay, after sev- eral :false starts, in. releasing the film. M-G acquired the English-made pic fbr distribution last spring.. It stars Emlyn W^ll^iTis and Margaret Lock- wood. Metro execs feel the film must be 'presented' in the proper way, and have been discussing plans to give it importance, by preeming it in a few towns at a time instead of releasing nationally.on a single date. .Delaying the process now are the campaigns on .'Gone with' the Wind' and 'Phila- delphia Story.' If Metr.o continues to. hold 'Stars,'^; it .will .conflict with .20th^Fox'i 'How Green- Was. My . Valley.' Both are about Welsh coal mining areas. 'Stars' story Is by Al J. Groriin. MiUl Grind at Rep; . Hollywood, Dec; 10. Six writers were .signed by Re- public to do screenplays arid treat- meijts on product fbr the next quar- ter.. Scribes are Dorrell and Stuart McGowan, Bennett Cohen, Jesse Lasky. Jr., Richard Murphy and Milt Gross. ^ei\ Killed in Ct-iEish ^ Edward; -Jiv^ Clarke, .38, ;iittorhey connected with. 0'BrI;en, DpiscOll & Rafteiy. since his Fordham ■ Law; School days -in: 1923, V was killed Wednesday; (4) when the car he w^as driving crashed into > a pillar at Broadway and 219fh'streeti; N; .Y',. Funeral was ' held in I'arrlngton, Gpnn:; on Monday (8).; ; ' ; ; Clarke graduated'from Holy Gross "i 1923, and joined O'Brien, DriscoU §c Rafte.ry^ the same year while at- . tending law scliooi. . He was admitted to the bar in 1926 and handled mxich .of his; firnx's theatrical/.business. Mother, wiidow :and .two sisters sur- ■.vive;' Hall's /Bedtime Story* ^ ; . . Hollywood, Dec, Id. Alexander Hall gels the director lob on 'Bedtime Story,' a B. Pi Schulberg production at Columbia. William - Petlberg Was originally 5^S"ed .to'.the chore but moved to *Oth-Fbx as associate prbducer. of USUAL/ADVERTISING RATES PREVAIL oitdition Reservations and Gppy May Be Sent +6 •V\^' ■ ' Variety Office NEW YORK 154 W. 46th St HOLLYWOOD ' CHICAGO 1708 No. Vina St. 54 W. Randolph St. LONDON 8 St. Martin's PL • A drawnout verbal battle between attorneys for Columbia, ;Urii.tied Art- ists ; and. Universal ind the Depart- ment of Justice on -Tliursday (5). re,-, suited in a complete victory' for the Government • fh N.'Y. federal cpurt; and. left attorneys for the majors witii the empty satisfaction of hav- ing said thie mojst and being the most vehement, but losing the battle. Oc- casion ' was 'an' attempt on the. part of the 'little three* to prevent the Government from flJing an amended complaint against them. ' Judge Henry Warren Goddard, trial judge of'tlic suit, after': listening to arguments' pro and cOn. declared th^t. despite.;the; pleas of major film company counsel, they had failed to show'that-the U.S. was :not.entitled to refile its suit,- and that after that had been done, the arguments could be renewed'in an application to dis- miss. Thereupon , the judge signed the formal order, allowing the suit to be filed. At .tiie outset of the proceedings,. Robert L. Wright,, special assistant to the attorney general speaking fbr the Gpvernment, outlined the ueW ac- tion and declared that of the new points included, the most Important were, the remarks addressed to charges that' : the defendants had favored unaffiliates, as well as. affili- ated theatres, . : Louis D. Frohlicii was the first speaker for the defense, the Colum- bia attbrney first seeking a dismissal of the old suit, brought in July, 1938. •This the court denied Immediately, whereupon Frbhlich, shifting gears^ attacked the right of the Depart- ment, of Justice to file an amended complaint. . 'Not In Good Faith' 'This application to the court by the Government is not made in good faith, and the Government has no right to present this petition to the court in view of the consent decree,' remarked the attorney. The original consent decree recbgniied bhis basic evil , in the. industry, that of control of theatres, and as a Specific repiedy .«:pught divorcement. The flye "thea-. tre-owning companies haVe been dropped, leaving the (Jovernment with no case,' said Frohlich, Warmr Irig to his task. He. then referred to , , (Continued on page 25) . 120G DAMAGE CLAIM VS. MAJORS IN MPLS. Minneapolis. Dec. 10. Claiming that he has had to aban- don the Esquire; loop surc-seater, after su.stnjnlnfi heavy losses, Irving Gillman will ^'irncncl his' complaint in his.suit against eight major distribu- Ibrs and the; .Minricsola .Amiis. Co, (Par ), whom he-, iilames for his in- ■ability ib bbtairi the product Which would have permitted him to'bnerate profftabiy,' ::He._ now Avaiits ; $120,000 ■ ■ ;dnn^afles ■ .j.n^;plncp •'of . much smaller amoiiht so.ught.; before h.e 'Ipist' the 'shbwhou.sc; according., to arinoimcerncnt by t. B. Schwartz, his counsel. ■ Gillman bought the Esquire -from Bennie Berger. who, h-oWever!' rc- i.mained. on the- lea;se/siiTjietting to .the I purchaser. When (jiliriian abandoned I tjie ho.iise it .>vcnt. back to Berger, : who' now is Operating it .again, fie- i fore quitting, (Sillman darkened, the [ E-squire and it Was .shuitcred for sevf • oral days with an annpiincement'in j front , to the cfToct. that 11 would re- imain closed until siiitnble pictures I are available. Burtph^s Double Duty - HPllywood, De6. 10. David Burton, currently Working on ' story treatment of 'Private Nurse,' was a-ssfgned to direct tha picture as a Sol M. Wurtzel produc- tion at 20th-Fox. . Brenda Joyce 1$ slated to,play th« nurse. '' ■■