Variety (May 1941)

Wednesday, May 14, 1941 PIGTUBES ROOKIES Y EN SOLDIER PIX As Result of Minn. Anti-Consent BE Exhibs Fear Fihn Shortage , ^ Minneapolb, May 18. Pending action to test tte consti- tutionality of tht new Minnesota ■tat* law which contravenes the consent decree's groups-of-flve seU- ln« plan by requiring, distributors to «eU their entire season's product, the •big 5' major compEnlesf still are re- fusing to do any selling in the state «nd most WlU not even spot-book a picture. Instructions frpm the New York homerofllces still are be- ing awaited. However, Columbia and Universal, which do not come under the decree, as well as such Independents as Re- public, are going ahead selling in compliance with the law's termj; which require the distributors to grent a minimum of 20% cancellation and to desist from forced selling of any pictures. If the ban on selling by the five majors continues much longer, such theatres as Bennie Berger's Esquire here and St. Paul World, along with some of the Twin City independent neighborhood houses which didn't buy all the major comiMinles, will be In trouble for lack' of product, it's Indiccted. 'These houses have been spot booking to a greater or less extent and they'll be up against it for pic- tures. Berger says he may have to appeal to arbitration in order to keep his theatre open. There^s some difference of. opin Ion among the distributors regarding the interpretation of the law relative to the selling of individual pictures. Warners and United Artists have .'been advised by their attorneys to sell 'Meet John Doe' and The Great Dictator,' respectively. On the other hand, M-G has not resumed selling ^3one With the Wind' and 20th-Fox has ceased taking. Minnesota con' ; tracts on "The Outlaw.' MARCH OF TIME'S REVAMP Da Boohemont'i European O.O.— Alia Hedlttersnean Special Richard da Rochemont, managing editor of the March of Time, now in Vichy, ii endeavoring to arrange a film story on France, Spain, Portugal and the general Mediterranean sit- uation. He's also trying to straighten out staff and business difficulties of the MOT since closing by the Nazis of its Paris office last spring. De Rochemont left New York about a month ago and will be back in an- other month. Marcel Rebiere, MOT cameraman, has also returned to 'Vichy. He left on a Red Cross boat about three weeks s^o and reported that he ar- rived safely. Att'y Hess Sue^ Erstwhile Theatre Client for $13,000 La Crosse^Wls., Miy 13. Edho of the long drawn out and finally dismissed $1,476,900 anti- trust suit of LaCrosse Theatre Co., Inc, against Paramount and other defendants was heard in circuit court here when Robert A. Hess, of Milwaukee, who -was counsel ior the plaintiff, brought suit against his erstwhile employers for $12,924 al- legedly still due him in fees. Coin- cident with the flUhg of the suit, garnishment was had on four La- Crosse banks, tying up the theatre operating company's fimds pending trial or settlement of the case. ' Hess In his complaint alleges that he did work for the LaCrosse The- atre Co., Inc., in Its suit against Paramount, 20th-Fox, United Artists, Wellworth- Theatres, Inc., Minnesota Amus. Co. and Eddie Ruben, the at- torney's labors covering the period from Nov. 4, 1937, to March 21, 1941, Mid the action involving $1,476,900. Hess asserts that $14,111.50 was a reasonable value for the services performed and that he also incurred expenses of $3,312.79 In doing this work, making a total of $17,424.29 due him in all. ' Relating that the LaCrosse company, *2,500 on account May 18, 193B; $500 more, on Aug. 11, 1939, and an additional $1,500 on Oct. 11, 1940, Hess now sues for the balance M $12,924.29 allegedly still due him. He has retained Daniel Grady, of m?^^' his attorney, nrim'^" chief LaCrosse witnesses- William Burford, the operating com- pany s president, and Frank Koppel- f n^?' ^'P' general manager— wued to appear. Judge Stone was peeved and dismissed the entire ™se, at the same time expressing jympathy for Hess at the way he oaa been let down by the very people who had retained him to Oght their battle. Maisie At Ringside ^. Hollywood, May IT. nmgside Maisie' is Ann Sothern's next starrer at Metro, slated to stsrt May 20. »/', Walter Ruben produces and Wwm L. Marin directs. NEAR-CAMP CITIES ENJOYING A BOOM MIUTAIIY YAliNS Comparable to the Sailors Who Hire Rowboats When on Leaive — Dixie Boxof- fices Aided by Soldiers SUNDAY OK MOVE Nation's- drive to arm Itself and train a gigantic military force is be>' ing reflected in resorts and amuse- ment parks throughout the country Virtually, all of them in any prox- imity to large industrial centers or Army camps are opening' up far ahead of the ordinary seasonal un- veiling time. An example is Asbury Park, N. J., which lies in a particularly strategic location with Fort Dix, Fort Mon- mouth and theLakehurst Naval Air Station to draw upon. Shutters gen- erally are not taken down until mid- June,' shortly before School closhig time. It'll be a full month earlier, however, this year, with boardwalk spots eyeing the soldier trade which has already begun to put in an ap- pearance. Many of the places open- ing earlier will confine activity to weekends. Strong contributing, factor to the big grosses the resorts expect to pile up is the freedom Uncle Sam; ^ives to his soldiers. Although regula- tions vary in different camps, boys are usually free from after dinner (about 6 p.m.) until 5:45 the follow- ing morning and from noon on Sat- urdays until 5:45 Monday morning. Hard day's drill and necessity of get- ting up at quarter to six, in the grey dawn, discourages too much late gaiety-seeking during the week, but leaves the field wide open on Satur' days. ^ . 'Resorts also getitrade from rela tives and girl friends of the recruits in camp. It's figured many parents will choose a spot for vacationing near sons rather than go' to their usual summer place. Spartanburg, S. C, May 13. Carolina managers angling for all available army atmosphere pix, due to demands from thousands of sol- diers who, despite available military theatres, are pouring coin . Into box- offices. Even B films and oldies are in demand. Example, 'Hell's Angels' is back in Dixie again for about 10th ti;ip.. 'Buck Privates,' formerly billed briefiy as a B, did three days and nights to packed houses at Carolina, Wilby-Kihcey's top local house. Although fourth theatre opens soon at Camp Croft, 18,000-man camp here, Bob Tolbert, 'W-K's city man- ager, is rushing completion of chain's fourth unit, OOO-seat Palmetto. Big problem of Dixie chains is to jerk enough contractors, workmen . and materials away from military con- struction push to keep expansions up to schedule. ^ Roiigliiy, 24 theatre construction ' projects in Carolinas, Tennessee and Georgia are behind schedule, having planned ' early spring openings, which now will be summer or fall-debuts at the'earliest. Long delayed bill to legalize Sun- day pix and commercial. sports In military area cities and towns in South Carolina goes into state senate soon. Measure, passed by hoiise, omits Spartanburg .which has 'Camp Croft, since provisions pertain only to cities having afeas designated as 'forts.' NOT SO 'DUMBO' Disney Inker Speeding Up and Sav ' ing Coin Hollywood, May 13. Work on 'Dumbo' has progressed so fast that Walt Disney announced that his animated feature would be ready for RKO release by Aug. 15. Budgeted at $650,000, the film is likely to be completed under that figure. ' Combined animation and live ac tion feature. The Reluctant Dragon,' is slated for a preview within two weeks and is dated for release June 6. ■ 'Bambi' is scheeduled for dis- tribution in early autumn, arid the feature-length Mickey Mouse fov "le Christmas holidays. On the Snoop Again Hollywood, May 13 Ellery Queen started snooping for the third time under the production guidance of "Larry Darmour at Co luftibia, James Hogan directing. Third picture of the series is 'The Devil to Pay,' starring Ralph BeUamy and featuring Charley Grapewin and Margaret Lindsay. Move to Okdy Sunday Pix 'l^ear Army Camps Philadelphia, May 13. A bill was introauced in the Legis- lature in Harrisburg' last week to allow the showing of Sunday films within 10 miles of army cantonments. The measure was aimed ct the ter- ritory surrounding the huge reserva- tion at Indiantown Gap, which even- tually will hous6 50,000 men In active training. Many of the towns in the area are 100% closed <down on the Sabbath and doughboys .on furloughs over the weekend are herd-put to find recreation, since the recrea- tional facilities at the camp are still under construction. The bill is expected to evoke the opposition of the militant Lords Day Alliance. It was introduced in the Senate by Senator J. H. Dent of Jeannette, and in the lower house by Representatives M. F. Kenehan, Scranton, and H. P. O'Neill, Dun- more. WB Talks Moving Its Mpls. Exchange Across the Wis. State Line; All Cos. Will Test Minn. Anti-Consent Law Pending any decision on the part: of the decree and blocks-of-flva of major distributors'" to sell Minne- selling, it mlarkets its films Indivld- sota from outside, or not to sell the' ually in most cases. Columbia, Unl- state at all, a case to test the con-1 versal and lesser dlstribs are not stitutionality of theJtfw, which goes; affected since they are continuing, to contrary, to the coiSent decree,' will | .offer their full line of product be brought. The complaint^ under, u^ne of the major distrlbs aflwted preparation, will probably be Wed by the adverse Minnesota law have by the end of the week n the Fed- [ gWen thought to moving out of Mln- eral coi^t at MlnneapolU before a „esota excepting Warners which .*-P'?u^* ^"''^l. ,• ' despatched representatives to Hud- At the same Ume an application go„^ ^,3 ^ just, across the Minnesota- will be made for a temporary in- Wisconsin state line to look the town junction so that the distributors may ^ver with a view to setting up an carry on business in a normal man-, exchange there. WB was unable to ner until a dMision comes down on flnj suitable . space In Hudson for " but the mayor of the town la tutionaUty of the Minnesota legisla- said to have agreed to cooperate In obtaining a site on which a building luld l>e erected. Because of the cost that would b« Fox, RKOrWarnw BrosTPaw^^^^ involved, includmg moying of ttie and Metro; also United Artists, exchange to the Wisconsin town. WB While latter is not. under the terms ''"y likely will hold off for a while to see what happens In the test case being brought-in Minneapolis. Llqaldatlon Immediate thought 6f Warner Bros, was to open up .at Hudson as soon as possible since it will prob- ably start selling under the decree In I two mohths, meantime Immediately ' shuttering the Minneapolis office. It is well sold in the state on this year'a (1940-41) product, with principal tion recently passed, Court action will be sought in the could be"erec'teil' name of the five major distributors who are party to the decree, 20th' SIX TUNEFUMS ON M-G SUMMER SLATE Hollywood, May 13. Metro goes musical for the sum- mer season, with six' tune, films on the production roster, beginning with ' business bejUig the liquidation of con< 'I.ady Be Good,' co^'Starrlng Eleanor \ tracts. Other distrlbs aire also mor* Powell, Ann Sothern and Robert concerned about liquidation at pres- Young. i *'^a" '""5' '•"^e to l>e dolis .Othet-s with a musical strain are 'The Bargain Basement,' 'Smilin' Thru," 'The Chocolate , Soldier,' 'BrlMs On Broadway' and 'Panama Hattie.' Qiiakeitown Unusually Qmet—For Exliibitors Philadelphia, May 13. M. R. 'Vetter has replaced William Elliott as secretary of the Philly ar- bitration office, it was announced last week. Elliott, a veteran mem- ber of the A.A.A. setup, was recalled to the New York headquarters. The change is believed to have been caused by the dearth of cases on the selling of the '41-42 pictures. Understood if it must be' done, WB wUl set up business in Hudson to service Minnesota and handle the balance of the, accounts now on tha Minneapolis books, namely, the two Dakotas, between the Omaha ' and Des Moines exchanges. The sam* step would no doubt be taken by othe^ dlstribs unless they, decide not to service Minnesota at all. That may happen with_ 20th-Fox and Metro which have been mentioned in Ais connection.' Paramount would be most unlikely to do that since it is the largest operator of thehtres in Minnesota, having around 85 houses there. Hudson is only 41 miles east of Minneapolis, thus as an exchange point would' not creats much Inconvenience for exhibs who would have to go across the state line to -do their buying. In t>eing forced to" come outside in the 16cal office. The area, the to contract for their film, the exhibs hotbed, of contention between exhibs at the safne time would have to buy and distrlbs before the consent de- cree, has been strangely quiet of late. it under the provisions of the consent decree which calls for sales in Only four cases have been filed here blocks-of-flve or less. The Mlnne- since the arbitration office opened, sote law prohibits dlstribs from sell- One has been adjudicated. | ing piecemeal in accordance with the ' decree, but has nothing to do. with ' delivery of film when bought oiit- I side. Also that places the film very definitely In interstate commerce in Your Old Aunt Benny Hollywood, May 13. Jack Benny went to work yester- day (Mon.) as the star in 'Charley's Aunt' at 20th-Fox. Archie Mayo directs and Peverell Marley handles the camera. Trevor's Col. Kickoff Hollywood, May 13. Claire Trevor gets the femmc lead in 'Texas' as the first job under her new contract with Columbia. William Holdcn and Glenn Ford are male tops. A Cowboy Natator? Hollywood, May 13. Buster Crabbe inked a five-year contract to star in Sig Ncufeld's 'Billy the Kid' series, for distribution by Producers Releasing Corp. Filming starts about July 1 when Crabbe finishes his current eastern toui. Milwaulfee's First Trial Milwaukee, May 13. First (!•««. Jwfore-teeal arbiti«ti»nr'tliV'-o^'toh of ttadesmfn." tribunal, which was dragged out through its first week by lawyers' arguments and since theh twice ad journed, is scheduled to resume to Paradox The Minnesota legislation creates a problem for the distribs since, if they day (Tuesday). Latest adjournmSWt were to sell under the decree in 47 was caused when Al D. Kvool, head of the Warner-Saxe office, who first was reported in the hospital for an states and contrary to it in just one, they would have to pffer a full year's program in advance'for the single- ville Theatre, Inc., against mount and the Jeffris theatre in Janesville. operated by Warner- Saxe. appendibitis operation, was found to " , Jn marketing film m groups of have chickenpox in an aggravated Ave^they are not setting-up a season s {Qj^ I product in advance. Another diffl- , culty would be to decide on bracket- His recovery from the juvenile, ■ ^^ ^^,1 Minnesota malaoy w.l not permit the case to, ^^^^^ ^^jj^, proceed. It is an 'unreasonable • j- » u , 1 1 clearance' action started by Evans-1 A report m major distrib circles Is Para- ^^^^ A' Steffes, former head of Northwest Allied, may bring some legislation of his own against the Minnesota law. One of the distribs made an effort to check this but couldn't reach Steffes since he has Author Sues WB had a relapse and is at his country Irving Gaumont, cuthor, filed suit home outside of Minneapolis. He is Thursday (8) in N. Y. federal court: in partnership with Paramount on against Warner Bros. Pictures, Inc., • the World, Minneapolis, a small- seeking $250,000 damages for alleged' seater which is operated by Par. plagiarism of his scenario, 'You've ' A bill similar to that which wa» Got to Swing It,' in 'Myi»Love Came passed In Minnesota has been int|p- Back.' Gaumont' submitted the duced in Michigan asserted on Ui« scenario to WB In February, 1940, urging of certain Minnesota indl« and it was rejected. 1 exhib leaders. One was Introduced Damages of $250,000 for the alleged In the Georgia legislature but was plagiarism are sought. I ldlled.