Variety (Jun 1941)

Wednesday, June 4* 1941 BIZ LAG CONFUSES EXHI6S Is That the Answer? Detroit, Jun* 8. You can't ask defens* workers to put in another half-day shift la the picture houses. That was the answer of one exhibitor here to the reason why hun- dreds of thousands of mechanics, pulling down goodly earnings in the vast armaments industries in Detroit, are conspicuously absent from the boxofllce of the town'i theatres given solidly to double features. 'You can't expect a guy, after putting in eight hard hours in indus- try, to go home, clean up and then spend another four hours working through two pictures,' exhibitor said. However, nobody in Detroit is breaking with tradition which pro- duces the neat impasse of everybody offering bargains but all the bargain hunters staying away. Deadlocked Jury U Jud^e Davis (Wa Fox) Case; New Trial in tlie Fall E i 110 6.0. There Doesn't Seem to Be Any Answer for Shrinking Film Grosses, Yet VirtU' ally Everywhere the Situation Is the Same Wage Demands of 10,000 Studio Technicians Has Fdm Producers Worried; Casey Summoned to Coast KEY CITIES REPORT ■f- Fhiladelphla. June 3. Judge J. Warren Davis, retired member of the U. S. Circuit Court of Appeals, and Morgan S. Kaufman, former bankruptcy referee, will have a new trial early in the fall on charges they were Involved in a con- spiracy in which William Fox, film magnate, is alleged to have giyen the jurist $27,500 in 'loans' while Fox's bankruptcy litigation was pending In Davis' court. Their first trial in Federal Court here ended Thurs- day (29) when the jury became hopelessly deadlocked, six-to-six, and they were discharged by Judge Robert N. Pollard. Walter H. Gahagan, Jr., special prosecutor • and nephew of screen actress Helen Gahagan, yesterday (Monday) said his request for a new trial at an earlier date had been de- nied because Judge Pollard, specially assigned to the case by the U. S. Supreme Court, had a full calender in his home court at Richmond, Va. The jurors explained later that many had been confused by the Judge's charge Interpreting 'con- spiracy.' At first they stood seven to five for acquittal. Later one juror swung toward conviction but there they became deadlocked. At 10:30 p.m. Thursday night, after nearly seven hours of deliberating, they notified the Court they couldn't agree and were discharged. Fox, who had pleaded guilty and was the Government's star witness, will probably be sentenced after the new trial. The ex-motion picture tycoon is out under bail. Fox's N. Y. Bealty Suit The $1,200,000 suit of the Lexing- ton Ave. & 59th St. Realty Corp., against William Fox, has been post- poned to Oct. 8 for trial Reason for the postponement is that attorneys state that a settlement will be worked out in the interim which will terminate the action. Suit was started against William Fox, Fox Theatres Corp., and Mil- ton C. Weismen, receiver, in 1932, but was settled .as'to the last two in March, 1937. Action sought dam- ages for the alleged failure of Fox Theatres to go through with a deal and build a theatre on plaintiff's site. Wilcox, Neagle in New Combo Deal With RKO Hollywood, June 3. Herbert Wilcox and Anna Neagle are making a new deal with RKO as a producer-star combination. Originally signed for 'Nurse Edith CaveU,' the pair has finished three other pictures on the RKO lot. last of which was the musical 'Sunny.' The others were 'Irene' and 'No, No, Nanette.' Sonja on Ice Hollywood, June 3. Sonja llenle may forego pictures for a spell and confine herself to skating activity in rinks around the country. She washes up her 20th-Fox deal with 'Sun Valley Serenade,* now in production, and while other offers are being weighed, skater is said to prefer blade tours. ~ A Relief Both Ways Philadelphia, June 8r BoxoSice has withered so in PhiUy, one exhib here is ac- tually moaning for the 'good old days,' when most of his customers were on rellet Said he: 'At least than they didn't have anything to do all day and would come in to kill time. They al- ways had enough money for at least a 15c matinee.'. NATHANSON'S ODEON ADDING THEATRES St. John, N. B., June 8. For 31 years, Clarence Robson, of Toronto, as theatre supervisor for Famous Players-Canadian, made • routine inspectional tour every three •months. Now he's back but not on routine. At vice-president of the new Odeon theatre circuit, he has been busy holding conferences, and out of these have come the acquisi- tions of the Casino, in Halifax; Capi- tol and Empress, in Moncton; Strand in Sydney, Capitol, St. John's, New- foundland. And, with likelihood of at least one Odeon theatre for St. John, and possibility of affiliation en bloc with Odeon by the Franklin Sc Herschorn circuit of Mayfair and Regent in St John, Community in Yarmouth, Mayfair and Dundas In Dartmouth, Family and Community in Halifax. Robson, on his surprise tour, was taken from an airways plane at Moncton to St. John by car for a conference by J. M. Franklin, top man of F. & H. The Casino, Halifax; Capitol and Empress, Moncton; Capitol, St. John's, have been in the F.P.-C. lineup. The Casino was built and equipped on fastidious lines for R. J. Macadam, who died recently. His estate made the transfer to Odeon. At Moncton, F. W. Winter, owns and manages the Capitol and Empress, two-thirds of the local theatre crop. Winter had both his houses with F.P.-C the past six years. He con- tinues as resident manager of both. At Sydney, E. R.. Lynn, has been owner-manager of the Strand, and he continues as manager. The St. John's Capitol has M. A. Milligan, ex-Paramount Canadian chief, as major owner. He is now an exec with Odeon. The battle between F.P.-C. and N. L. Nathanson, ex-head of Famous Players-Canadian, and now chief of Odeon, shapes up definitely in the east by the Robson moves. SCHDNZEL'S 'VICTOEY' Hollywood, June 3. Rheinhold Schunzel moves into director spot on 'Strange Victory,' to be produced by Sol Lesser for United Artists release. Martha Scott has top femme role and William Hurlbut iA doing the screenplay. Exhlbs, whose reputation is ap- parently only second to nitery op- erators for thinking up alibis for bad biz, are, for probably the first time In history, currently stuttering. They have a hundred reasons for the sag- ging b.o., but not a one that they even haU believe themselves. There just doesn't seem to be an answer to strangely shrinking grosses In the face of enormous defense spending and booms in other industries. . Yet, virtually everywhere the situation is the same. Here's a roundup from some key cities: San Fr<tnclsco—This is one of the Coast's shipbuilding and industrial centers and, even during the de- pression throughout the rest of the country, was one ol the better sec- tions. Yet the b.o. has been shrink- ing for months and continues to do so. Philadelphla^With more than $1,- 000,000,000 in defense orders being filled here, some exhibs are suggest<L ing that the boys are too tired from the overtime to get to a theatre. Twilight baseball, golf and 'depress- ing' newsreels are other reasons ascribed for empty seats. Baffalo — Much wishful thinking about the future, but nothing to show at the b.o. here for the vast Industrial payroll built up by de- fense industries. Minneapolis — Department store volume is up 14% above a year ago; while theatre grosses are down 15 to 25%. One exhib takes a reverse slant: "Think how bad It would be if it weren't for the defense spend- ing.' PUtsburgh—Steel's defense gravy Is apparently oozing out to other sources than theatres, with no sign of the dough at the shrivelling b.o.s. Draft siphoning off all the swains is advanced as one reason for the Cleveland—A 20% hike in pay- rolls this year has accounted to date for nothing more than a 10-30% drop in grosses. With new and used car sales and housebuilding boom- ' i'ng, scientifically - minded exhib I opines: 'It's a social-economic sit- I uation in which people are passing : up luxuries to stock up on essentials 'and get on their financial feet.' Canal Zone—Here's a pretty sight, ■ and the only one in view. Biz is ; good, what with soldiers, sailors and , marines pouring in to protect one I of Uncle Sam's prime assets. CIO to Move In? Hollywood, June 8. The workers are incensed over the' extortion 'charges against George E. Browne and Willie Bioff, and openly announced they did not want the lATSE (AFL) to interfere in their negotiations. There has been soma talk of de- manding that all International officers resign and that a special convention be called to select new officers. Several of the leaders also are known to have been in conference with officials of the Congress of Industrial Organizations, with the idea of making a quick move Into the CIO if there is any ef- fort by the International to take over. ONE FILM UNION ASKS BROWE BIOFF QUIT HoUywoodi June 3. A resolution calling for the resig- nation of Willie BioS end George Browne was passed Monday (2) night by the Motion Picture Studio Set Electricians Local'728. Also In- cluded in the plank-walking would be all lATSE-appointed officers. Bioff appears Thursday (5) before U. S. Commissioner David Head for a hearing on the removal order to N. Y. to face, trial on the extortion charge. He Is expected to waive examination and ask that the $25,000 bond be continued pending his ap- pearai^ce in the N. Y. federal court. Change Pilots as Tearling' Costs Mount to $2,000,000 i Hollywood, June 3. I King Vidor is the new director of "The Yearling', one of Metro's high-budget productions, replacing Victor Fleming, who piloted the early scenes on location at Ocala, 'Fla. Change is understood to be the ■ result of mounting costs, which are I approaching the $2,000,000 mark, and 1 other difficulties in the Florida fllm- 'ing, which still requires three more weeks of shooting. GREEK RELIEF TOPS $850,000 FROM AMUS. In excess of $850,000 was raised by the Greek War Relief Assn., Inc., amusement Industry division, Adolph Zukor, chairman, announced Mon- day (2). This does not include the money snared on the Coast by the committee headed by Samuel Gold- wyn, which probably boasts the total which the film business raised to more than $1,000,000, it was stated by Zukor. More than 8,000 theatres partici- pated in the drive, being the largest number ever enrolled for a charity drive in the film business. The | amount collected far exceeded that of any similar cause by the indus- try. Of the money raised approxi- mately $600,000 was cabled to Greece and used in buying medicine, cloth- ing and food. Much money also was used In evacuating more than 1,000,- 000 women and children before the Axis power arrived. Par's Seqnoian Budgeter Hollywood, June 3. One of the high-budget pictures on Paramount's 1941-42 program is 'For- est Rangers,' to be filmed in Techni- color. Fred MacMurray, Preston Foster, Stirling Hayden and Patricia Mori- son head the cast. Pommer Threatens Suit If RKO Cancels Pact Hollywood, June 3. Erich Pommer is threatening legal action against RKO if the studio car- ries out its threat'to cancel his pro- ducer contract. Two films he was committed to make under the re- mainder of his pact have been handed to Tay Garnett, Studio claims that Ponjmer's ill- ness Is delaying production of his pictures and, it is imderstood, will demand termination of Us contracts. Hollywood, June 3. Demand of 10,000 studio film tech- nicians for immediate opening of ne- gotiations on wages and conditions has given the producers a bad Case of jitters. The major companies are willing to talk contract revisions with the local unions,- but want to get the go-ahead signal from the In- ternational Alliance of Theatrical Stage Employees to guarantee that any deals they set will not be kicked over by the International. That old bugaboo about jerking theatre pro- jectionists alpo Is causing them to move cautiously. Pat Casey, producer labor contact. Is reported rushing to the Coast to handle the situation. A hurry-up call for his services were telephoned east when Y. Frank Freeman re- ceived a letter from lATSE locals stating they' intended to handle their own negotiations without any aid from prexy George E. Browne and other national officers of the lATSE. Heretofore, tha producers have set all lA contracts with the' national officers and the workers ftiemselves have had little or nothing to say about the deals. Powwow Wed. (4) Negotiating committees for 10 lATSE studio locals meet tomorrow (Wednesday) night to formulate plans for an Immediate get-together with producers on the new setuo. Labor leaders are taking issue with Y. Frank Freeman, Producers Asso- ciation head, on his move delegp'in^ authority to Pat Casey and Fred Pelton for setting up the structure for a basis of settlement of differ- ences. lA leaders insist on. dealing direct- ly with studio heads, fearing that they will be stalled until early fall when the slack period sets In. Casey is due here from New York Thurs- day (5) after a stopover in Chicago for confabs with union heads there. In a letter to the studio imlon heads. Freeman stated; 'The only reason that I and fellow executives cannot sit with you during negotia- tions Is not due to a lack of inclina- tion on our part or the failure to realize the importance o( these nego- tiations, but is due to the fact that we have our studios to operate and cannot give the time .necessary to attend personally'the many negotiat- ing meetings that must be held.' Locals are demanding a 'hands- off' policy by the Interatlonal In ef- -fecting a new contract for workers. When the letter was receivedi the producers spent several hours in conference, and then called in the at- torneys. The general manager of one studio is said to have contacted Willie Bloff at his San Fernando Val- ley ranch to learn whether It would be okay for them to talk with the locals. Bioff Is reported to have told them to go ahead and talk with the locals, but efforts still were being made to reach Browne, who about that time was surrendering in Chi- cago on an extorlion charge. He later was released in $?0,000 bail. The situation finally was checked up to Pat Casey, with a request that he leave for the Coa.st at the earliest moment possible. He was reported to have trained out yesterday (Mon- day) and should reach Hollywood on Thursday. The decision of the locals to go on their own was reached at a confer- ence of lATSE busiress representa- tives called by chairman Harold V. Smith, business agent for the Sound Technicians. The group of business representatives has now been ex- panded to include three additional members from each union. A com-" mitlee has been named to draft a constitution and bylaws for the al- lied groups, and a ways dnd means committee also has been appointed. Slumming With Gable Hollywood, June 3. 'Honky Tonk,' co-starring Clark Gable and Lana Ttuner, rolled yes- terday (Mon.) at M?tro, with Frank Morgan in a top supporting role. Jack Conway Is d^ecUng.