Variety (May 1941)

Wednesdajt May 7, 1941 PICTURES IS Damon Runyon s Piece Uncorks Lefty's Memory Files on Frei^ Lunch That Wuz By Joe Laurie, Jr. NW Allied: 'Be Calm' Coolacres, Cal., May 6. Dear Joe: Well, Aggie and me have been doing our spring cleaning, she with the house and me with the theatre. Aggie's got the house iookin' swell, new curtains and stuff. It took her nearly a day to clean out the medicine cabinet. Funny how bottles accumulate, I mean medicine bottles; but with a kid in the house you're always buying somethin' or other. I give the clerk at the drug store passes and he loads me up with lots of samples. I got the theatre Iookin" nice, too; got new runners for the aisles, the old . ones were sure worn out. After looking at the receipts for the past year I don't understand how so few people could wear out a carpet; but, of course, the kids runnin' up and down the aisle makes up for a lot of the folks that don't come in. I had to overhaul my cooling plant, too. If we get any more rain like we've been getting out here the past few months I'll have to put f'.riers in instead of coolers. I've added pinball machines in the lobby with my jukeboxes and the soldiers are going for 'em like a rabbit for cabbage. The picture business today is like a drugstore, you gotta have all kinds of things besides pictures. I guess in a few more years pictures will jusl be a decoy to get 'em to come in to buy other things. . Me and Aggie just finished reading an article by my old pal Damon Runyon, and brother, how.he can put words together! He wrote about the old free-lunch days and it sure brought back plenty of memories for me and Aggie. He wrote about Billy LaHift's old Gaiety saloon on 46th and Broadway, where they used to serve those tiny Welsh rarebits on a hunk of toast—boy were they good. They were no bigger than a mi-.Inet's but- tonhole and a guy could pack away a couple of dozen without even having to wipe his mouth, and the place was so small the bartender could, .see just how you were doing at the lunch counter, and if you didn't get the proper percentage, about four to a beer, he'd give you a funny look which wasn't funny to a guy with a short bankroll and a long appetite. Dow- ling's on 43d and Broadway had a nice layout of free grub, a place where a guy could walk in-with a little moolah, meet the gang and fill himself up with laughs and lunch and paint his nose red. The Old Homestead had a nice bunch of stomach samples on the counter. Their specialty was 'Mrs Murphy in a seal-skin coat,' which is what we called baked potatoes with' a hunk of butter on 'em; that with a glass of ale would be grand on a cold day. Klg Mike a Pushover But the one I'll always remember will be McGinnis'on 8th ave. Big Mike was the bartender and a finer Irishman never lived. Aggie and me were operatin' on short dough and shorter dates and many a day went without vitimines' from A to Z. So I'd take the growler and butter the inside so I'd get no foam, and stroll in to see Mike. While be was filling it I'd tell him stories and make trips to the gents room. You see, you had to pass the lunch "counter to get there, so it meant I could make two grabs going and coming, and I'd stick a few knick-knacks in my pocket for Aggie. I remember staining my stage suit as the bologne and olives which Aggie loved would kinda drip thru the goods. Aggie fixed me a pocket with an oilcloth lining just like the conductors in those days had, and it was waterproof and I could almost carry clam-broth in it. Big Mike would turn his face away when I grabbed the free lunch and take his time filling up the growler. He'd let me think I was foolin' him, but we both knew I wasn't. He loved showfolks and was a whole Salvation Army by himself. Always good for a touch besides, and on a real cold day he'd hand out a glass of nose shellac to kinda perk up our spirits. I wish I knew where he was now; he could have a season pass for my jernt, in ^old. He sure had the best lunch in town; anyway it tasted the best. Boy, when you're young and hungry, a hunk of iron-on-rye tastes good., Me and Aggie sure had a good talk and a few laughs over my pal Damon Runyon's article. I think I even saw Aggie spill a tear. I don't know if she cried because those days were over or maybe she was thinkin' she would like to go through those days again. It was a lot of fun, after it was over. Best to the gang, with an extra nod to you from Aggie and Your pal. Lefty. P. S.—Lucille Watkins sez, 'Conversation is the ventilation of the heart.' Arnold Hits TNECs Anti-Decree Blasts, but Duane Evans Stands Pat Washingtpn, May 6. Sour comments on the film con- sent decree in the Temporary Na- tional Economic Committee's mono- graph telling what's wrong with the picture business have drawn a yelp- from Assistant Attorney General Thurman Arnold, but the author of the criticism is standing pat on his suspicion that the compromise may hurt independent exhibitors. The final report of the special monopoly-probers contained a letter from Arnold'wailing that 'the other- wise excellent' pamphlet is 'marred by a misleading and inadequate dis- cussion of the consent decree.' The pact gives 'additional remedies to exhibitors of motion pictures and does not take away any of the ex- isting remedies under the anti-trust laws,' the trust-buster protested. Theatre owners are not bound 'ex- cept for their own advantage' and there is nothing forcing them to utilize any features of the settle- ment 'unless they so desire.' Arnold defended himself against the impli- cation he sold the indies down the river by noting the different condi- tions when the litigation was set- tled, partciularly the shrinkage of foreign business and the fear that further dblocatlon would seriously jeopardize the entire industry. 'What the decree itself does is to provide the dominant trade, upon which people depend for amusement, with an instrument of government,' the assistant A, G. replied. 'It rep- resents an attempt to shape the ju- dicial process to the life of an in- dustry at work. It is a series of additional privileges given to ex- hibitors to protect them against the practices of the larger organizations which distribute motion pictures on a nationwide scale.' Last worj, however, was enjoyed by W. Duane Evans, co-author, who denied he ever said any existing remedies would be eliminated by the decree but suspected indies will not be as well off now as before. Minneapolis, May 6. Northwest Allied has circular- ized all independent exhibitors in the state to 'remain calm' in the fSce of 'wild rumors' which have been floating about since enactment of its anti-consent decree bill in Minnesota. It urges a united stand behind the law which contravenes the de- cree's groups-of-flve selling plan by requiring distributors to license their entire season's prod- uct the same as hitherto. 'Everyone familiar with the overture to William Tell knows it has four movements—the dawn, the storm, the calm, and the finale,' the Bulletin advises. 'With the passing and signing of Al- lied's bill outlawing the consent decree's block-of-five sales pro- vision, the matter now appears to have entered the storm sta,?e.' It is said that Minneapolis sub- sequent runs will be in a tight pinch for product almost imme- diately unless the ban on sptit booking is lifted. The ban went on, as far as the major companies were concerned, along with the stoppage of all other selling, as soon as the bill became a law. One of the rumors is that some of the companies are considering moving their branches to nearby Wisconsin towns from which they could s';rvice Minnesota accounts under the consent decree selling provisions if the exhibitors came there to do their buying. Hays Org. and Majors To Be Examined In hdie's Trnst Suit Dept. of Justice Opines the Minn. Law s Unconstitutional But Fihn Distribs Win Have to Battle It Out Officers and directors of all the major film companies must be ex- amined before trial in N. Y. federal court in connection with a $900,000 triple damage anti-trust suit by the Hillside Amusement Co. zgainst them and the Motion Picture Producers & Distributors of America, Inc. Judge Murray Hulbert ordered the exam- ination of the film executives and officers of the Hays office yesterday (Tuesday) in N. Y. federal court. Plaintiff operates the Mayfair thea- tre. Hillside, N. J., and claims that the defendants violated anti-trust laws by giving each other preferred runs, imposed score charges On the Mayfair, forced it to overpay for film, and favored each other on play- dates and the availability of pictures. The Department of Justice, after a brief review of the Minnesota law compelling blockbooking and grant- ing 20% cancellation, believes that that statute is unconstitutional on two points, these being that it vio- lates interstate commerce and also is a violation Of 'due process.' That latter point refers to the constitu- tional amendment which declares a man cannot be deprived of life, lib- erty, or property without due process of law, and in compelling the pro- ducer-distributors to sell their entire program and granting exhibitors a 20% cancellation, the government feels the law to be confiscatory. The department has not quite made up its mind as to what it will do about the law. It has been con- sulted unofficially by the major film companies, but feels that it is a dis- tributor problem, and not for the government, except as to the juris- dictional question. Should the ma- jors bring suit to test the validity of the law, the government will join in the action, probably in the ca- pacity of amicus curiae. In order to meet the present problem, the de- partment is prepared to go to the N. Y. federal court and modify its consent decree to enzble the dis- tributors to comply with the Min- nesota )aw. The government is pre- pared to modify its decree to take care of . any state law passed along the same lines. It doubts whether the new law will in any marfner affect the Crescent, Griffith and Schine suits, or the suit against the 'little three," Columbia, United Art- ists or Universzl Pictures. Bninar Clarified Another rumor, to the effect that the 'little three' majors would be let out of the Scbine suit, has been clarified by the statement that they will be let out only if they czn prove they played no part in the alleged conspiracy. This would of necessity be after trial The government is not too interested in these defend- ants, feeling they are secondary ia this action. The government has received nu- merous complaints from exhibitors that the major film companies are violating the consent decree by theatre expznsion. The government is hampered about being able to do anything about this, due to the pro- visions of the consent decree, as under section II of the decree it can- not attack threatened expansion, but only each individual move, and would have to prove that the theatre scquisitions of the major film com- panies were not necessary for the protection of the present interests of the majors. The department is con^— siderihg just what to do about these complaints now, but has not as yet made up its mind. Any report that the government as far as the film industry is concerned, is 'laying ofT because of a general desire not to hsmpei big business during the national emergency is not true. The industry is imoortant, but not essential to national defense, rnd all present suits will be pressed with all speed possible. ■A Metro's Hustling Shorts Hollywood, May 6. Metro's shorts department is step- ping out ahead of its production schedule, with 23 pictures being readied for release and 15 more slated to start within the next three weeks. Nine of the 23 are in the editing stage, five are waiting for commenta- tion and the rest are tAing on finish- ing touches before distribution. GABLE-LANA'S 'HONZT TONK' Hollywood, May 6. Clark Gable and Lana Turner draw co-starring roles in 'Honky Tonk,' slated for a June 2 start at Metro, with Jack Conway directing under Pandro Berman's producer guidance. Filming opens after Gable takes a two-week siesta, following com- pletion of his present chore, 'Unholy Partners.' ♦♦♦♦♦♦♦♦♦♦♦»»♦♦♦♦♦♦♦♦♦♦♦ New Haven, May 6. The $5,000,000 suit' filed here by Prefect Theatres, Inc., Fairfield Hold- ing Corp., and Grenfteld, Inc., against major film compenies on monopoly charges has added four new defend- ants to list. Originally named were 20th-Fox, liOew's RKO, Vitagraph, Paramount, Universal, Columbia and U.A New defendants are Skouras Theatres Corp., Spyros P. Skourts, George P. Skouras and Fox Metro- politan Playhou.ses. Inc. 3d Clearance Squawk Denver, May 6. Third case to be filed here in- volves clearance. W. J. and J. L. McDonald, operating the Nile the- atre, Mitchell, Neb., are asking the present 30-day clearance now given the BlulTs. Oto and Egyptian the- atres at Scottsbluff, Neb., be ciit, and also that the Nile be given clear- ance over the Dclmar at Morrill, Neb., and the Grove and Riviera at Gering, Neb. Houses named in com- plaint are owned by the Midwest Amus. & Realty Co.. of Scottsbluff and are operated through the. Gi- bralter Enterprises, with headquar- ters in Denver. Distributors named are Paramount, 20;h-Fox and War- ners. Fox-WC m Protective Move on Arbitration Los Angeles, May 6. Although not named as defendant, Fox-West Coast intervened in two of the three independent exhibitor . suits filed with the Los Angeles branch of the American Arbitration Association. Cases do not infringe on F-WC clearances, but the comany stepped in as a precautionary me'asurt to prevent the possibility of future infringements. Suits involve the Mission Play- house in San Gabriel, and the El Monte theatre in El Monte, demand- ing reclassification which might con- flict with F-WC houses in Pascdena. Minnesota Zone in a Turmoil as 'Big Five Distribs Halts All Fdm Selling Settle Clearance St. Louis, May 6. The beef of the Shirley Theatre Corp., owner-operator of the Rialto, Cape Girardeau, Mo., against RKO over clearance involving the Or- pheum and Broadway, skedded for local hearing "Thursday (1) when attorneys representing both sides stated the case had been satisfac- torily settled. Understood the 180- day clearance allowed the Orpheum and "Broadway has been cut down considerably. Minneapolis, May 1. Trade here is in turmoil following enactment of Northwest AUied's Minnesota state law contravening consent decree's groups-of-five sell- ing plan by requiring distributors to offer entire season's product for sale with a minimum of 20% cancella- tion and no forced selling of any film. Major distributors have ceased selling entirely, for the present at least, and will not even spot book or reissue a picture, pend- ing instructions from home-oflicc legal departments. District and branch managers have put the proposition into the home offices' hands. Immediately after Gov. H. B. Stassen signed the bill and made it a law, the local ex- changes were ordered by the home- offices to quit selling. They were informed the legal departments would analyze and study the law before determining the next step on the companies' part. It is believed here-that there will be an attack upon the law's consti- tutionality, instituted either by an action in equity or a violation in order to bring on prosecution for a test case. At the same time, a tem- porary injunction would be sought to restrain the law's enforcemcnl pending a final determination of its validity, by the U. S. supreme court, if necessary. Whether the com- panies would resume selling under the law if such an injunction was refused remains to be seen. One angle, in connection with the aforegoing, is the question as -to whether the consent decree or state law takes precedence and if the companies would be liable to fed- eral prosecution if they disregarded the decree's selling provision and sold under the Minnesota state law. If they complied with the decree's sales requirements and ignored the new law they'd be prosecuted by the state, of course. Another- angle is the Impractica- bility and expense of the setting up of different sales machinery for Minnesota alone, it's pointed out. The exchanges here also service North and South Dakota and west- ern Wisconsin, where they have to sell under the' degree, and much confusion is certain to ensue, too, if the same offices must have two .separate sales policies, according to local branch managers; It all makes for chaos and unsettlemcnt. Northwest Allied leaders profess to be unconcerned about the di^ tributors' present refusal to icll <>nd express confidence that 'everything 4 will be ironed out satisfactorily for I a'.l concerned' within a few dry."!. * i T'.iey scoff at threats that servicing ; of Minnesota accounts will be cut off permanently as a_ result of the Ir.w. One company at" least—20lh-Fox— has declared it no longer will sell ia Minnesota. The temporary selling stoppage is a logical procedure, these Northwest Allied leaders feci. Afler the b.'l became a law, they point out. each company obtained a copy" of It and sent it to the home olTicc via air- mail for the legal dspartments 'o study. As soon as these deprrl- ment.s decide how to proceed unc'er the law, selling will be resumed, m their opinion. One indepandent company, Republic, didn't stop sell- ing and is offering its product un- der the law's provisions. Two local loop sure-seaters. th« World and E.squire, which spot-book, will be in a jam if the ban on selling continues long. Former is under- .stood to have enough pictures pre- viously bought to run it into June, perhaps, but Esquire is in a bad way right now. Their operators hav« lawsuits under consideration in cass that their properties sustain damage in consequence of current develop- ments.