Variety (May 1941)

Wedneaday, May 7, 1941 PICTURES 27 Inside Stuff-Pictures Jacob (Jake) Fabian, who died in New York at the age of 75 recently, was pioneer theatre operator and a franchise holder in the old First Na- tional company of which he was a vice-president. At one time operating around GO theatres, Fabian was an important part of the old Stanley Co. of America, which was taken over by Warner Bros, in 1929 when it acquired First National and merged it with Warners. Following that deal Fabian retired from ^business but his son, Si, con- tinued the Fabian Theatres Corp., whicTi'lias steadily increased until it now numbers over 30 houses, including operation of various pools in which Warners and Paramount figures, including downtown Brooklyn. The elder Fabian, who was very active in church affairs and financed the building of the Temple Emanuel in Paterson, N. J., where he first started in the picture business, opened the Regent in that town in 1914. He was originally in the clothing business there. Fabian confired his exhibition activities to New Jersey, his portion of the Stanley Co, of America, of which he was a director, being known as Stanley-Fabian. The film trade in London seems surprised at the manner in which Fred Hutchinson, assistant head of sales for Metro in London, was weaned away by Paramount to head its British sales force. Insiders maintain Sam Eck- man, Jr., Metro's British chief, only learned of Hutchinson's impending de- parture from the trade papers. Hutchinson's stipend from Paramount is reported to be almost double that which he received from Metro. But, as he was being groomed to take the pl3ce of Jimmy Squires, present head of Metro's sales in.England, who is due to retire in the next few years, it is doubtful if Hutchinson will gain much by his change, the trade maintains. New British film company recently formed comprises Captain Richard Norton, Gerald Freeman, the Earl of Warwick and Dr. R. Galperson. Company, known as Mercury Film Productions, is doing 'I'll Marry the Girl,' from original by Emeric Pressburger, and 'Chained,' American script, as their first two. Company is to make six pictures yearly at aver- age cost of $200,000 per. Freeman denies a report published to the effect that he had signed with ■ Associated Talking Pictures. Reason for the Samuel Goldwyn-RKO releasing hookup, for which War- ners and 20th-Fox were angling, is a guarantee to the producer of his negative costs for two pictures within a year. It is the same deal RKO has had with Walt Disney since the production of 'Snow White arid the Seven Dwarfs.' Deal, negotiated by Leo Spitz, representing Goldwyn, 6nd George J. Schaefer, for RKO, is understood U> give the distributors about 24^4% for domestic release and 27% abroad.^ Moppet contract between Paramount and Carolyn Lee, approved by Superior court in Los Angeles, guarantees the seven-year-old actress a minimum of $30,000 a year with annual options for live years. Deal calls for three pictures a year, with several weeks between each film to be spent by the actress in her home town, Martin's Ferry, O. Salary is $1,250 a week with an eight-week guarantee for every picture. Percentage of the kid's earnings goes into a trust fund until she is 21. Merian C. Cooper is back on the Coast from England after 10 weeks of observing for the filming of 'The Eagle Squadron,' but is not prepared to say what he observed over there. Cooper made an agreement with the "British government not to reveal what he had learned about American fliers in the Royal Air Force until his picture goes into work for Argosy Productions (United Artists release). Filming starts late in June. New pact between Ginger Rogers and RKQ, calls for only one picture per year for three years on that lot, with the right to approve the script. Under the old contract she generally inspected the screenplay, although there was no agreement to that effect. New deal will permit the star to grab a number of plums offered by other studios. Rain and floods in various parts of the country have cost 20th-Fox an extra $100,000 this spring, the result of delays on location. Second unit on 'Belle Starr' was marooned for two days in a farmhouse near Noel, Mo., by a washout. Other costly delays were experienced by practically every crew shooting outdoors. HARMAN WILL PRODUCE FEATURE INKERS IN TINT Hollywood, May 6. Hugh Harman, formerly associated with Rudolph Ising in the Harman- Ising cartoon company and later pro- ducer of inky shorts at Metro, is stepping out on his own to make feature-length cartoons in Techni- color. New corporation is Hugh Harman Productions, Inc., with W. Earl Shafer, as attorney, and one of the directors. Harman is listed as pro- ducer-director of the pictures, with release outlets under negotiation. Hays-Breen ^Continued from page &: Soow (Anti-Decree Kid) Now Has AnH-Duals . Bill in Mich. Hopper Detroit, May 6. Claiming it is a health measure i zs well as carrying other benefits, I Representative Raymond J. Snow, j who fathered the anti-Hve bill now pending in the siate legislature, has introduced a bill to outlaw double features in Michigan. The proposed law would practically limit all pic- ture bills to two and one-half hours, far under the current running time in the area given heavily to double- feature bills. Health slant on the bill is an im- portant factor at this time when, as the country is gearing up on a war- time basis, health and military au- thorities are looking toward the breaking up of group gatherings for long periods remembering some of the epidemics, notably the flu, which stemmed up during the last war pe- riod. Marking the sudden turn, after years of little attention to the mo-, tion pictures,' of the legislators to pix control. Snow said that his new bill is in line with policies indicated in other parts of the country and in keeping with the wishes of ex- hibitors who have been sounded out by him on his anti-consent move. It was indicated that the exhibitors, crught up in a competitive cycle with the double features and unable to make a solo break from the sys- tem, were looking to the law to pro- vide an end to the system which they have been unable to work out among themselves. Support of the bill to limit picture shows to 150 minutes was voted by the Co-perative Theatres of Michi- gan. I'hey endorsed the idea that it would simplify the movement back to single features in Michigan. Proskauer Wins Schenck Bail i Continued from page 4; $39.14 AVERAGE arbitrahon COST Leisen's Col, Paramount Deals as Prod.-Director Hollywood, May 6. • Mitchell Leisen closed two con- tracts, one in a package deal for one picture at Columbia, and the other a two-year pact with Para- mount as producer-director. Package deal includes Marlene Dietrich as star and James Edward Grant as scripter of the story, 'Miss Madden Is Willing.' slated for an early June start, under Leisen's pro- duction - direction. Feldman - Blum agency closed the deal. Paramount contract calls for two pictures a year for the 1941-42 and 1942-43 programs, with the privi- lege of one outside film each year. distribs and exhibitors. However, present leaders in the Hays organi- zation have no intention of per- mitting the industry slip out from under any PCA. They feel the film industry should have a code just the same as the radio and the news- paper businesses, only that it should be stricter because rated the most vivid medium for projecting a story or entertainment. Recent beet from some indie dis- tributors stems from the recent tilt in rates for the PCA code seal. Hays organization setting up a revised schedule in line with operating costs and not allowing so-called min- imum budget pictures to escape so lightly. However, no independent producer-distributor is forced to submit his product to the Hays of- fice tor a seal although most of them do because desiring as many play- dates as possible in major company affiliated theatres. Many affiliate circuits make a practice of showing only films bearing the PCA seal but it is not a steadfast rule and is not followed today by all affiliated ex- hibitors. In the first survey to be made by the American Arbitration Assn. since arbitration machinery for films was set in motion Feb. 1, the aver- age cost of cases so far heard has been $39.14. This is ba^ed on seven eases in which awards have been made during the first quarter of ar- bitration. The average for filing fee and the cost of the arbitrator has been only $23.50, while for stenographic ex- pense the average has been $15.64. Costs have varied considerably, the lowest on any complaint which went to arbitration having been $15.75. Highest was $83.75. While a more conclusive average will be obtainable later on when hearings increase in number and they begin to reach the appeals board where the filing fee alone is $50, the AAA was desirous of get- ting an early line on costs because of various estimates, largely exces- sive, that have been made. Many exhibitors have expresed fear that arbitration would run very high, es- pecially if an appeal was to be taken, and for that rea.son it is be- lieved complaints have been slow in coming in. From Feb. 1 to May 1 only 56 cases were filed, 11 of which were" settlcd prior to hearings. AAA survey was made by J. Noble Bradcn, executive director of the film committee of the a.ssociation, for Paul Felix Warburg, who is chair- man of this committee. this money constituted an overpay- ment on his return for that year, re- gardless of whether it was inten- tional or not, deductions for that year could not be found against him on a guilty plea, since he had al- ready overpaid. Proskauer declared that Judge Moscowitz, by so failing to instruct the jury, erred suffi- ciently for a reversal. ' 2. The court charge that estimates cannot be taken from business de- ductions where actual figures are in existence was attacked, and the at- torney digressed to point out that he always took estimates from his re- turns, and battled the result out with agents when they checked. Through failure to so charge the jury, and by failure to explain to that body the meaning of the terms 'ordinary and legitimate' deductions, Pros- kauer will ask for a reversal. Jury's Charee 3. Judge Proskauer stated that the court erred by failure to state mean- ing of the word 'legitimate' when he charged the jury on the sale of stock to Roland West and William Goetz. The law would be, that if Schenck sold control of the stock, regardless of-whether he received the money back or not, the sale was legitimate. This omission on the part of the court is a reversible error, Pros- kauer claims. 4. Proskauer claimed that the court, by failing to point out to the jury that if they found the securi- ties on this stock to be worthless in 1935, they would be entitled to. find Schenck innocent, again erred. Under proper instructions the jury would have found the stock worth- less, and Schenck would have been acquitted on count one, he claimed. 5. Proskauer then asserted that the court had failed to go far enough In explaining the value of character testimony, and stated that Judge Moscowitz should have told the jury it could acquit on that testimony alone. 6. Lastly, Proskauer declared that Judge Moscowitz had convicted the two men with his midnight charge to the jury to take into considera- tion the failure of either side to call available witnesses. Proskauer de- clared that his statement coming on the heels of a roasting of the defense by Correa for failure to call them, sent the jury out of the room with the court's word of guilty Impressed on their minds. Concluding his argument, Pros- kauer declared that Judge Mosco- witz was not a tyrant, and that he realized the possibility of error and as such the appeal should be granted. Coirea then interposed his plea ; for Immediate jailing and the de- ' fense counsel, after listening to argument, tossed the courtroom into j chuckles pf laughter by caustically I praising Correa. and declaring he had done as well as members of a I college debating team which he, I Proskauer, had coached. After re- moving some of Correa's hide with Ills lashing tongue, Proskauer con- cluded, and the court declared that it would grant the asked for bail. Judge Moscowitz stated that he be- blievcd time to. be essential and re- quested the defense to be ready to go to the circuit court for argument in June. Proskauer agreed to have his bill of exceptions and assign- ment of errors ready by May 22, but indicated he believed it Impossible to be heard before Octolier. In this Correa concurred, although every effort will be made to push the appeal speedily. Judge Moscowitz granted the ap- peal in a somewhat reluctant manner, and declared that he be- lieved both men guilty, but admitted the possibility of error, and ex- pressed his desire to pive the film executives every possible considera- tion. Both men were told to post the amount of their fines, this being $20,000 and $10,000 respectively, and to also post a $5,000 bail bond, this raising the ante from $1,500. The bail was posted Friday (2). Schenck and Moskowitz were both allowed to leave the N. Y. court's jurisdiction and can go any place in the territorial jurisdiction of the U. S. Both men took advantage of this, leaving for studio conferences and a rest in California. Scl>nlberff WiP Produce 'Eden' for Bronston, CdL Hollywood, May 6. 'Martin Eden,' built on a novel by Jack London, is slated for August production for Columbia distribution through a deal with Samuel Brons- tpn, former distributor, for United Artists in Europe. Understood B. P. Schulberg will supervise production of the yarn here, with Bronston as associate producer. Heltf Over Far • Third Glorlfled Week Jamei STEWART Hedy LAMARR Cop. Judy GARLAND Lint TURNER "ZIEGFELD GIRL" A .MMri>-aoIdwyn-May»r Plctor* ( •o Last Timet WedT Frcdrlc Maraaret Hareh 9 Sullnvin ••SO KNns ofB xi<;nj" On NUce "CRAZY WiTH THE HEAT" SUrtt Tliun.. May e Spencer Mkkey TRACY • ROONEY ".MKN OK BOYS TOWN" In I'crcon John BOLES Plai—Ellra Added Attraetlen! SALICI PUPPETS WALT DISNEY'S j Hays' Health Checkup I Chicago, May 6. I Will Hays stopped off in Chi for ' a rest and checkup zt St. Luke's hos- pital. Indicates stay of at least a week in the infirmary. Hal Young's Air Revels Hollywood, May 6. Harold Young draws the director chore on 'Radio Revels of 1942," slated to start May 8 at Universal. Associate producer is Joseph Z. Sanford. 20th Holds Newman Hollywood, May 0. i Alfred Newman, three years with 20th-Fox as general musical director, signed a new contract for seven . years. Newman's latest chore is the score ' of the Tyrone Power starrer, 'Blood I and Sand.' M.A. Milligan May Go Back With Par in Can Although he has outside interests j in Canada, Maurice A. Milligan, I former general manager of distribu- ! tion for Paramount above the bor- 1 der, is reported seeking a film con- ' nection there. He is in New York at present on the matter and pos- sibly may return to Par, it is said. Milligan resigned recently when the company wanted him to go to Den- ■ ver to assume charge of a district in that territory. Assuming that he would remain permanently in Canada where he was succeeded as g.m, by Del Good- man, formerly in foreign distribu- tion for 20th-Fox, Milligan a year ago became a British subject. wllb STOKOWSHI tki alnda onlc al iC/l eandactlai / raataunl / "WiU go down one of the screen's elaMics" -mr^rl Mu, B'kl^n Kaah ORSOV UKM.ES PALACE 47$lll'nf Ht-flM MldnH* Uew tat. BROADWAY Sll2^.r;>V{ "THE FLAME OF NEW ORLEANS" Hnil 4»tli Ht Pdrafno<iB$>>'<|H«i)>. OIL OPENS FRIDAY, MAY 9TH "THE WAGONS ROLL AT NIGHT" / A New Wnrnor Hro». (PIchire^wKh HU)ill>^Rey''BOGAnT ■ SYLVIA SIDNEY JOAN LESLIE ■ EDDIE ALSERT VICTOR McLAGLEIS ypTHnn TOMMT TfCKKB and Ilia On-h.' II110.M>WAT AND <Tll, .smKCT A C T A n THEATBE *UUATt BUUVtD • rwWAMiT a..4Ja a,4SP.M. Matineet fram Evenint* fram $1.10 Seat! fef all eertefaaeae atm eraBiMi at laa Oltta K.\l)IO CIT* MUSIC HALL HELD DVcR "THAT UNCERTAIN FEELING" Spactacular Staaa Production*