Variety (May 1941)

1st Decision in llpls. on Consent Decree Rules Paramount Was Right In Withholding Pix From Gilhnan Minneapolis, May 20. Jn the first decision handed down Jn a consent decree arbitration case here, the allegedly offending film company, Paramount, emerged vic- torious when Phillip J. Mackey, the arbitrator, ruled that It had not re- fused to license its pictures to David Gillman, the complainant, lor ex- hibiUon in the latter's Gayety thea- tre in the local lower loop, con- trary to the decree's section 6 pro- visions. Sidewalk 'UA' Sidewalk take - your - picture- mister cameramen In Cleveland are calling themselves 'United Artists.' They're getting a sharp note from O'Brien, DriscoU St Haf- erty, New York lawyers for the film company, which doesn't care to share its name. Gillman asked that Paramount be directed to sell the Gayety some run ] of its pictures at a fair rental under reasonable booking conditions. testimony during the hearing brought out that Paramount had de- livered some pictures to the Gayety under an application, but it turned down the deal because Gillman vio- lated the application's terms by re- fusing to pick up or pay for higher bracketed pictures, by holding over ; a one-day film for two days and for | showing the pictures with vaudeville and advertising them in the news- papers on dual bUls. I GUlman claimed that the $20 av- ! erage price set by Paramount was 'exorbitant' and that he only ■ had agreed to it in the application be- cause he was in great need of prod- uct He also called Paramount's stipulation regarding the playing of Its pictures with vaudeville and ad- vertising them on dual bills consti- tuted 'unreasonable booking condi- tions.' The decision Is construed a? up- holding a distributor's right, under the consent decree, to restrict an ex- hibitor from showing its pictures with vaudeville' or advertising them In the newspapers as part of dual bills, although other theatres In the community have been permitted these practices. Arbitrator Mackey, in dismissing the complaint, assessed the filing fee against Gillman and the arbitrator's fee in equal portions against each party. COL'S TAGE BOYS' PIC RUES REP. McLEAN Garbo's June 2 Start Hollywood, May 20. Greta Garbo starts Tvork June 2 at Metro in a picture still'untitled, to be directed by George Cukor. Snow scenes have been completed In the northern California moun- tains by a crew under Andrew Mar- ton, UA AND WB SELL DESPITE MINN. LAW Wednesday, May 21, 1941 Greene's Film Prodoct 'Showdown Trip' To N. Y. Distrib Execs Minneapolis, May 20. Gordon Greene, bankruptcy trus- tee and manager of the 4,000-seat defunct Minnesota theatre, where 'Fantasia' just concluded a five-week roadshow engagement, departs for New York to contact major com- panies' sales' heads relative to prod- uct for the house. . Before resorting to consent decree arbitration oc, going into the federal courts, Greene says, he wishes to put up to major distributors' executives directly the servicing of the Minne- sota theatre. , The opposition Minnesota AAus. Co. (Paramount-Singer> pool has had virtually all the major product sewed up for downtown Minneapolis the past several years and when the Minnesota theatre was operated in- dependently with a vaudfilm policy on two occasions it was shut off from major films. When Minnesota Amus. apparent- ly was unable to get.together on a deal for The Dictator,' Greene says he asked for the Chaplin picture. When United Artists appeared loath to let him have it and he pressed his demand, the Minnesota company- Singer pool suddenly grabbed it o& for showing In. the Minneapolis and St. Paul Orpheums, although up to that time more than six months of negotiations had not brought the parties together, Greene points out. Within the-past fortnight, Greene says, he telegraphed Ned Depinet, RKO sales manager, asking for a roadshow engagement of 'Citizen Kane' at the Minnesota. In his aii- swerv however, Depinet gave blm little encouragement, thanking him for the inquiry, but stating that RKO had not decided yet on tiie manner of releasing the picture, according to Greene. Costly Trans-Pacific Clipper Route for War Newsreels to U,S. It's That Easy Hollywood, May 20. Betty Miles won the cowgirl title at the Saugus Rodeo and galloped Into Prescott Pictures as the femme lead opposite Tom Keene in a series of westerns; beginning with 'Wanderers of the Shooting started yesterday (Mon.) on location at Prescott, Ariz., with Robert Hill direct- ing. Surprise at the attack in Congress Monday (19) on 'Adventure In Wash- ington' was exp'ressed yesterday (Tuesday) by Columbia execs in New York, since there ate no prints of.th^ film in the east and the pic- ture hasn't even been previewed for the press yet. Col had no Idea as to how Repre- •entative Donald S. McLean, New Jersey Republican, knew what was in the film, although there was no denying that his mention of such de- tails as a fight by page boys on the Senate fioor was accurate. McLean, who referred to the film by its original title, 'Senate Page Boys,* owed part of his Indignation to the fact he was once a page boy himself. He said the picture libeled the intelligence of both the boys and the members of Congress. Demanding that the picture be withdrawn, he said it was a 'ridicu- lous and siUy stretch 6f the Imagina- tion' and tended to undermine the confidence of the electorate In Its | clubrooms on Friday chosen representatives at a time . .- when that confidence was most im- portant Last film to rile Capitol Hill was also e Columbia entry, 'Mr. Smith Goes to Washington.' Col announced yesterday that 'Ad- venture' will be released May 30. Minneapolis, May 20. United ArtiSts and Warner Bros, have interpreted the new Minnesota anti-consent decree law as permit- ting them to license a single pro- ducer's output even though the out- put numbers only one picture. In- terpretation made even though the law, on its face value, requires sell- ing of a company's entire season product. Columbia has taken the same view relative to spot bookings. These actions agree with the construction placed on the new law by its spon- sors, Northwest Allied. Consequently, United Artists is li- censing Ctiarles Chaplin's 'Dictator* and Alexander Korda's That Hamil- ton Woman,' 'Thief of Bagdad' hav- ing been previously sold. Warner Bros, is licensing Frank Capra's 'John Doe' under the law. At the same time, Columbia has spot-booked 'This Thing Called Love' into the Esquire, loop independent sure-seater. Currently, Columbia and Universal are doing unrestricted selling. Northwest Allied claims the new Minnesota anti-consent decree law, which it sponsored, permits all types of contracts, including spot booking, split deals and full and short season deals. Distributors, however, don't see it that way and still aren't doing any selling because of the law which knocks out the decree's groups.<>f- flve selling plan by requiring com- panies to sell their entire season's product. Staving off some exhibitor criti- cism resulting from inability to buy, the organization's heads, at district meetings, are illustrating how all these types of deals are possible un- der the new law If the companies reslly are in earnest and wish to sell The feeling, however, seems to be that the 20% minimum can cellatlon provision is the real reason for the distributors' balking.. But counsel for the distributors declare that the Northwest Allied heads are 'all wet' in their analysis and interpretation of the law with regard to the forms of selling per mlsseble imder it. Jane 7 Session of UJS. Writers Congress WiD Emphasize Pix Scribs Session on film scrivening, with a delegation of Hollywood typewriter- poimders attending, will be held at the fourth biennial American Writers Congress in New York June 6-8. Committee includes Ring Lard- ner, Jr., Fred Rinaldo, Paul Jarrico, Robert Lees, Lester Cole, Lester Koenig, W. L. Smitter, Michael Blankfort, Arnaud d'Usseau, Frank Tuttle, Robert Meltzer, James Gow, Harold Salemson and Cedrlc Bel- frage. Two papers on films will be read at the Congress: 'The Use of Motion Pictures As Propaganda' and ai)i 'examination of the cultural role of the writer in relstion to motion pic- tures, the technological aspects and film writing as a craft.' Screenwriting session will be held at ^he Hotel Commodore June 7' at 8 p.m. Delegates at the meet will select for honorable mention the best recent writing for the screen. Screen Readers Guild Korldheems' A Trailer for Itself—Prod. Cost, $44 Git After 'Em, Dan Hollywood, May 20. The Devil and Daniel Webster, baited since Thomas Mitchell was Injured in a nmaway, resumes pro- duction June 2. Edward Arnold, who takes over the MitcheU role at RKO, will be free from his current commitment at Paramount by that time. WB SHOBT VBSES COSE Hollywood, Msy 20. Warner Bros, is cavalcadlng the burnt cork era in a musical short, "Minstrel Days.' Bobby Connolly directs. M. K. Jerome and Jack SchoU are. dishing up the dittoes. - Readers in New York story de- partments had their day, both in person and on the screen, at the 'world preem'-7-minus benefit of floodlights—of their Initial film pro- duction at the Newspaper Guild (16). Seven- teen-minute pic, 'Inside Outside Reader,' was made by the Screen Readers Guild on a $44 budget. So successful,was-It that a $100 'super- colossal' Is planned next. SRG had manifold purposes In making the film, all of which It well- serves. One was to amxise them- selves and entertain spectators; an- other, to give themselyes experience in production, and, finally, to present the plight of the piece-work or out- side reader,'for "whom the SRG is seeking, more pay and greater sta- hility ot emplojihe'nt. More Impressive, however, than those Impressive aims was the birth of a 'star'—Tommy Ratclifle. A reader in Metro's play department, he does a Rol)ert Benchley as the typical outside reader whose typical day the SRG epic is purported to picture. RatcliSe's the guy who, in Alice Goodman's (Metro) scenario, is dis- turbed from hla bed by a messenger with a boxful of galley proofs and a note from his editor: "Read these and turn in a synopsis by 4 p.m. MUST.' Ratclifle bestirs bis ample self and begins to read—fir^t in the bathroom as he shaves, then in his bedroom while the chambermaid (scenarist Alice Goodman) vacuum cleans around him. Finally he tries a bench in the park, only to find Maeve Southgate (20th-Fox) chooses the same bmch to berate Elihu Winer (Universal), and Dave Golden (Fox) takes the other end to play a portable radio. Ratcliffe finally manages to finish reading In a rowboat and gets the synopsis-completed on time, to the accompaniment of much ciggie- smoking. The chambermaid comes In at that moment, of course, with a note from the story ed tiiat she has had In her pocket all the time: 'Never mind. Coast is covering the story.' Film was produced and directed by Winer (with a borrowed 16 mm camera) and shows 'a number of sur- prisingly good directorial touches. Cast includes Arthur Heniemann (Par), Magda Thompson (Fox), Lee Sabinson (Metro) and Joel Graham (Par). Only ringers are Jack Sher, Miss Thompson's husband (it w^ thought better to cast a stranger for a running bathroom gag) and Ed- ward Delbert, who was iMrrowed' in true'Hollywood studio tradition. Eight years old, his contract-holder (and father) happens to be super- Intendent of the-apartment house In which lives Dave Golden, SRG prez. Coast's Scribe Conclave Hollywood, May 20. The first national conference of writers in every field sponsored by the Authors League of America will get under way at 8 p.m. Friday (23) at University of California at Los Angeles. Ralph Freud, lecturer in public speaking at UCLA, will de- liver the address of welcome to the scriveners. The chairman of the evening's symposium will be Sheri- dan Gibney, prexy of Screen Writers Guild. Marc (Connelly will open the con- ference with a talk on 'The Social Function of the Writer.' Mary C. Mc- Call, Jr., will speak on 'Magazine Writing and the Screen.' She will be followed by Preston Sturges, who wiU point his discussion on 'Writing and Directing for' Films.' Georgia Backus, who originated the experi- mental laboratory, which later be- came the Columbia Workshop .for the CBS radio network, will talk on The Radio: Today and Tomorrow.* Torm and Substance in the Thea- tre* wlU be the subject of S. N. Behr- man. The first day's session will close with a talk on 'The Point of View of the Novelist,' by Jaimes Hilton. Excessive cost of shipments and uncertain arrival of prints Is msking coverage on the Nazi sweep through Greece the toughest job that Ameri- can newsreels hiave. encountered la the European- war to date. Even when newsreel stories are offered to British censors in - distant Cairo at the same time, different U. S. ■ news- reels have no assurance they will arrive in N. Y. simultaneously. The films are shipped td Cairo by boat, where they' are developed, printed and-screened for British cen- sors who do not'realize the competi- tion between American newsreels for having first release on such material. The newsreels go by plane from Cairo to Australia, then to Manila to Honolulu and thence to. San Fran- cisco. After traveling three-quarters the I way around the world, each U. S. I newsreel company still Is uncertain just what material catches which Clipper, or when the films will reach San Francisco. This is because no newsreel company controls the ship- ping facilities. Eastern route, which is much shorter, is avoided because trip would have to be made by boat most ot the way, with danger of the ship going down plus the fact that few.fast bocts are available. .In addition to this shipment head- ache, it's estimated that it costs 10 to I IS times, as much to ship by Clipper as via boat. One consolation for the I American newsreels on shipping by Clipper this route is that most of the trip is made by air freight with a considerably lower rate than the air- mail scale of 35c per halt ounce on the Atlantic Clipper route. Figured that each- newsreel shipment of one company from N. Y. to London today costs $300 to $590. All efforts to obtain either a lower ail-maU rate or freight shipping rates on the Atlantic Clipper run have proved fruitless for the newsreel executives. NAME COMMHTEES FOR MPTOA COAST MEET TOUGH ONE IN PHILLY Del. Indie's Complaint Metro Against Philadelphia, May 20. Dr. Rupert C. Schaeffer, Jr., of the University of Pennsylvania School of Finance and AAA arbitrator, is pondering over a troublesome ques- tion in connection with a case argued before him last Thursday (15). The Earle, New,Castle, Del., an indie, charges. It was unable to buy any Metro product because the com- pany sold exclusively to Loew's, Wilmington, In that territory. Coun- sel for the plaintiff asserted that under Section 6 of the consent de- cree, every exhibitor had the right to buy some run of a given product But attorneys for Metro countered with Section 17 of the same consent decree. Under this clause, M-G argues, the operation of any thea- tre, associated with the distributor (Loew's Is a subsidiary of M-G-M) shall not be Interfered with. Since Iioew's has always had ex- clusive rights to Metro product, any change would 'Injure* Its operation, the M-G-M attorneys contended. Dr. Schaeffer reserved decision. It was the second case argued here. A new case, the fifth since the local arbitration opened, was filed by Sam Som'erson,. owner of the Hollywood, May 20. E. L, Kuykendall, president of - Motion .Picture Tlieatre. Owners of America, appointed 11 special com- mittees to handle specific' problems for joint convention of that organi- zation and Pacific Coast Conference of Independent Theatre" Owners, to be held at the Ambassador Hotel here June 9-12. CVimmittees are: Credentials and Rules—E. M. Fay, Providence; Morris G. Leonard, Cbl- cago; S. J. Hyman, Huntington, W. Va.; J, R. Dennlston, Monroe, Mich. Resolutions—Herman M. Le'vy, New Haven; Morris Lowenstein, Oklahoma City; Charles H. Arring- ton, Rocky Mount, N. C; W. F. Ruf- .fin, Covington, Ky. Film Buying Problems and Oper- ating Policies—Arthur H. Lockwood, Boston; O. C. Lam, Rome, Ga.; L. O. Lukam, Secttle; Harold B. Robb,- Dallas;-. James C. Shanklin, Ron- ceverte, W. Va. Conciliation and 'Arbitration—A. C. Hayman, Buffalo; George P. Aarons, Philadelphia; Wjlliam G. Ripley, Longview, Wash.; Benjamin Pitts, Frederlchsburgh, Va. Public Relations and Community Affairs—Mitchell Wolfsou, Miami; H. V. Harvey, San Francisco; Sidney B. Lust, Washfaigton; M. A. Light- man, Memphis. "J Legislation and'Taxation—Roy L. Walker, .Lampasas, Texas; Walter Vincent. N. Y. City; Joseph H. Bren- nan, Boston; Nat M. Williams, Thomasville, Ga. Music Tax and Copyright—J. M. Hone, Seattle; A. J. Brylawskl, Washington; Irving C. Jacocks, Branford, Conn.; M. S. McCord, IJorth Little Rock, Ark. Roach's First Group Of 'Streaminers' Set First group of pix have been set by Hal Roach for his new 'Stream- lined Features,' four' and flve-reel- era which he .will turn out for United Artists Instead of full-length films next season. "Niagara Falls' is already in work, with other titles Including 'Brooklyn Orchid,' 'Hayfoot,' 'College- Knights* (or 'Campus Rhythm' or 'All-Amer- Palm, Kensington, against the five 1 lean Girl'), 'Please, Miss Polly, majors. I'Tanks a Million' and 'Cubanola.'