Variety (Mar 1942)

PIGTUBES Wednefldaj, March 4, 1942 Distribs Stand Pat on Percentage Pix; Deny Any Belligerency in N.W. Mlnneapolls, March 3. With Rud Lohrenz, Wamer Bros, district manager, in town, Northwest Allied leaders made anather uD' successful effort to induce the com- pany to eliminate its three percent- age pictures from the Twin City In' dependents' deal. Lohrenz told a Northwest Allied emissary that the company, wasn't interested in a pro- posal to 'save face' by shaping the deals in such a way that the ex- hibitors actually could get out of the percentage while signing contracts containing the objectionable clause. Paramount, too, is standing pat on Its demand for four percentage pic- tures. Even though there's a virtual individual boycott against both of the two companies ky the T^win City independeiit exhibitor members of Northwest Allied, with practically no buying of these products, it's de- clared there'll be no backing water. Lohrenz asserted Warners will sell percentage the ensuing years as well as this one, whether or not a single contract is signed. It has been charged that some of the Independents have been trying to play one company against the other in the light to shake them loose from the percentage demands. Up to this year, - both Waners and .Para- mount always have sold flat to Twin City independents who have charged that the present change is prompted in part, at least, by the film com- panies' determination to retaliate be- ccuse Northwest Allied sponsored the Minnesota anti-consent decree law requiring distributors to sell their entire season's product subject to a 20% cancellation, ffhis, how- ever, is denied by company repre- sentatives who point out that Metro always has been obtaining percent- age in these situations and declare there Is no reason why any dis- crimination should be practiced. The belligerence Isn't entirely on one side here. Film compan} repre- sentatives,, for the most part, are antagonistic toward many exhibitors who have been in the fore of the fighting against distributors and who are accused of always 'stirring up trouble,' 'unreasonablessness in deal- ings' and 'unfairness.* As an instance to prove the lustlce' of percent£ge in the Twin Cities, one company cites the alleged Instance of a Twin City independent theatre—not one of the largest and most profitable houses, either, it's declared. During one week, it's claimed, {his company happened to furnish all three of the feature changes at this theatre at a total cost of ?135 to the exhibitor owner. During the seven-day week when the three films were played, the gross receipU at this theatre, ac- cording .to a blind check and making ^ull allowances' for likely pass-ins, ■ were approximately *1,100, the com- pany claims. Thus, the feature film cost to the exhibitor was less than 12% of the gross. When the exhibitor in question was confronted with these figures. It's alleged, he turned white' and cursed the film company representa' tlve and called him vile names. 20th-Fox and De Luxe Lab Settle GN Film Fire Loss Suit of Grand National Pictures, Inc., through Harry G. Fromberg, trustee in bankruptcy, against 20th Century-Fox and De Luxe Labora- tories for loss of films, was settled Monday (2) out of the N. Y. supreme court Action had asked $500,000 damages claiming the film was lost through carelessness in a fire at 20th- Fox's plant on "July 9, 1937, in Little Perry, N. J. Action was settled for $22,500. Joseph Dannenberg was attorney for Fromberg in the action. Processors at Mono , Hollywood, March 3. Tecbniprocess and Special Effects Corp. closed a deal for process and background work at the Monogram studio. Including Indle producers on the lot as well as Mono. Company was originally organized ti make pictures for slot machines but changed its policy to service indie films. Writers Not Going West, But Kaye Pic Deal Pends AlthouA Sylvia Fine (Mrs. Danny Kaye) and Max Llebman, authors for Kaye, can't go to the Coast after all, because of other commitments, there are negotiations' for Danny Kaye into pictures. Sam Goldwyn anji RKO are both interested. Meantime, Miss Fine and Llebman have written 114-hour revue for USO-Camp Shows, Inc., titled 'At Ease,' and designed for self-produc- tion by soldier talent Llebman, too, is essaying a legit production venture with a meller by Norma Mitchell and John Harms, titled 'Autumn Hell.' FEB. SNIFFLES MENACED B.O. A nationwide epidemic of colds in one form or another, affecting old as well as young, and not varying much as to percentage of population when broken down for the various sections of the country, is believed to be menacing the boxofTlce although some operators say that February, in spite of sickness, held up well. However, while the month just ended ran about even generally with January after discounting the first week of the latter when a post-holi- day lull was felt, it may be that b.o. receipts would have jumped ahead hadn't it been for colds. Other fac- tors also figured as a February deter- rent, Incttidlng the fall of Malaya, the draft, added car conservation and the new wartime. According to figures of the Ameri- can Institute of Public Opinion, popularly known as the Gallup Poll, as many as 23,000,000 persons were afflicted with colds the week ending Feb. 24. This is more than one-sixth the population of tiie entire U. S. and represents an Increase over the week of Dec. '24 of S,000,000 who were at- tacked by colds. The AIPO found colds existent in nearly two fifths of American homes,' bringing the high total of 23,000,000 suffering from the commonest of all afflictions. ^ Percentage of persons allected in various areas, as reported by the AIPO for the week ending Feb. 24, showed the south suffering the most at 20%, while other territories and percentages were west central, 19%; far west, 18%; east central, 17% and New England-middle Atlantic states, 15%. According to New York doctors, they have been over-rushed with colds during February, particularly cases of sore throat and laryngitis, while during the past week the N.Y. Department of Health warned against a rise In pneumonia cases during March, worst colds month of the year. FILM EXHIB SUED FOR DAMAGE TO PRINTS Detroit, March 3, In the first suit of that nature filed here in many years, the Allied Film Exchange is seeking damages for prints. Harry V. Gilbert, manager of the exchange, has brought the court ac- tion against the Carmen, which re- cently opened Its ovm suit against Co-Operative Theatres, for alleged damage done to more than 2,000 feet of '2314 Hours Leave.' It Is charged that the theatre is responsible since the film ran off the projector and was ruined, destroying the value of the entire print — Can't Mug Yoo That Way Hollywood, March 3. Claudette Colbert pulls a counter- attack in "No Time for Love* by play- ing the role of ■ news photographer, working on the rear end of the cam- era. Co-starring is Fred MacMurray In the Paramount picture, slated to start early in April with Mitchell Lelsen directing. Louis B. Mayer s $704,425 Again Tops U.S. Execs Louis B. Mayer, head of produc- tion for Loew's (Metro), received $704,423 in the fiscal year ended last Aug. 31, it was revealed yesterday (Tuesday) in a corporation report to the Securities & Exchange Commis- sion. This makes Mayer again the highest paid executive In the U. S. In 1940 he received $697,048, and only a few thousand dollars less in 1930. Of the total paid Mayer last year, $548,429 was a bonus under a profit- sharing pact he had with the cor- poration, remainder representing his flat salary. Next highest salaried person working for Metro was Clark Gable, who earned $357,500 during the company's fiscal year. Nicholas M.' Schenck, president of Loew's, In.., was paid $334,204 but $204,204 o* that amount was secured via a t>onus. Other bonuses under the profit- sharing plan paid employees, ac- cording to filing with the SEC,.were David Bernstein, treasurer, $122,522; J. Robert Rubin, vice-president and counsel, $100,308; E. J. Mannix and Sam Katz, $121,979 each; Hunt Stromberg, $77,409; Alexander Llcht- man, $01,484; Benjamin Thau and Bernard H. Hymar., $60,989 each. Charles Boyer was the top sal- aried person on Unlversal's payroll, a:cprdlng to the report fUed by the company covering the fiscal year ended last Oct 31. He was paid $220,833. Edi« Mae (Deanna) Dur- bin received $203,166, while WllUam Seiter, a producer, was paid $183,230 bj U. Universal bonuses awarded be- sides salaries included: J. Cheever Cowdin, chairman of the board, $56,- 042, of which $36,907 was paid in the fiscal year, and Nate J. Blumberg, president, $56,042, of which $36,907 was paid in th > past fiscal year. TamoDS Jury Trials' From Radio to Shorts RKO Is launchmg a new series of shorts next season based on 'Famous Jury Trials' radio show that Is used each Tuesday night on the Blue net- work (WJZ). Jean Lenauer, for- merly a picture producer in France and best known in New York for his distribution and exhibition of first' run French features, will direct the two-reelers, based on John Lay's program. Tentatively cjlled 'What's Your Verdict?', they will be produced by Frederic Ullman, Pathe newsreel chief and RKO shorts producer in the east. Jost Matter of Season Hollywood, March 3. HepubUc shifts from winter to summer In "Water Carnival,' en ex- travaganza with an aquatic back- ground, as result of bioxofflce re- turns on its 'Ice-Capades.' Watery musical will be produced by Albert J. Cohen, who Is lining up a number of name swimmers on the streamlined side. 1 Harris' Pitt Newsreeler Clicks, Trying Another Pittsburgh. March 3. As a result of biz boom for Its downtown Newsreel theatre since war, Harris company here Is con- verting another house. Family, in East Liberty sector, into a news- reel site. It'll be second time that's been tried with the Family. Pre- vious conversion lasted less than a month, house ' returning to sub- sequent-run double features in short order. Price and other policies will be same as at downtown site, where tleup was recently' made with WCAE whereby station broadcasts five minutes of news every hour to patrons. In addition, war maps fol- lowing programs of hostilities have been installed In lobby and. screen programs are always Interrupted for broadcast of any Important speech. Iliis Is One Year Lefty Doesn t Mind Income Taxes-Anything to Win War By Joe Laurie, Jr. Coolacres, Cel., March 3. Dear Joe: Well, here it la Income tax time and that always kinda gives me an arithmetic headache. All year we beef about not making any dough and talk how tough business Is and then, it comes time to figure out the income tax and you get surprised to know you've made plenty of dough and, in fact, try to cut It down. The tough part of It all is that you just haven't got the dough around to pay oS with. When me and Aggie was in vaude- ville we had a great system. All the dough we'd make would go into Aggie's grouch bag. At the end of the season we looked In the grouch bag and knew exactly how we'd eat during the layoff period. It had keeping books beat a mile. Now I keep books and It tells me I've made dough but It don't tell me where the dough is, but I guess the government alnt worried. They'll get theirs and the funny part of it is I don't mind payin' it this yeai}—anything to win the war. I guess you've read about the Japs out here being sent inland. They are searching their homes and have found shortwave sets, cameras, fire- arms and a lot of stuff, but I haven't read where they found any of the hand^embroldered cydoramas the Japs used to use In their acts. And they didn't find any of the barrels they used to juggle with their feet. Aggie asked me if I thought they were sending code messages when they'd tap the barrels with their toes when they were juggling 'em. I don't think they had much time to spy around because they were in the theatre all day doing four and five shows a day. If we could get the old bookers to route them now through the Death Trail for Ackerman & Harris and make 'em play the old Western Vaudeville time, we'd get plenty of revenge on 'em. And make 'em pay their own fares. Have also read In the papers that some folks suggested naming that little park opposite Duffy Sq, the General MacArthur park. The guy su|e deserves anything we can do for him, but I always figured that that par- ticular spot should be named after George M. Cohan, because he sure did plenty for Broadway. He's our No. 1 man of show business and it would be a great brother act right there on Times Sq.—Father Duffy and George M. Cohan. And we can name a National Park for General MacArthur. I guess the draft has made plenty of changes on the Big Street this time as it did In the last war. It must be easier to get a seat at Llndy's. It sure burned me and Aggie up when we read about what some of those fellows in Congress said about the show folks. I guess they don't remember what the show folks .djd in the last war when thousands of 'em served in the army and navy; when the boys and girls entertained the soldiers in France, when showfolks gave benefits almost daily for the wounded and for ambulances, when the girls did canteen work, when ,the music writers wrote songs that helped us all carry on, when the man- agers and actors gave up their theatres and time and talent to sell Liberty Bonds, when the theatrical clubs entertained the boys on leave and kept them in good spirits. And now in this war the picture, radio, legitimate, vaudeville and cabaret stars are doing their work, trying to put a little sunshine In the lives of the boys who are going Into the Big Act. Show business Is giving up Its time, talent and money every hour of the day and night for the love of America and these Congressional guys belittle 'em. And don't forget, showfolks are doing all this without voting them- selves a pension. Aggie sez that those Conjgressmen talkln' means as much as the Sowerguy manager In some tank town reporting that Joe Jackson can't ride a bicycle. ni bet you'll remember the name of Melvyn Douglas long after this election, which is more than those Congressmen will be able to say about their names. Beat to the gang, sez Your pal, Leftu. P. S.—Nick Keesely sez: 'The main Ingredient of ignorance Is the desire to prove it' Studio Contracts Hollywood, March 3. Walter Reed's player option picked up by RKO. Sol Kaplan Inked new composer ticket at Metro. Martin Lament's actor option lifted by RKO. Bill Roberts, band leader and singer, inked actor contract at Metro. Felix Jackson, writer, renewed by Metro. Fay Baluter's option picked up by Metro. Gene Kelly drew acting ticket at Metro. Billy De Wolfe inked player pact at Paramount Charlie Smith drew an acUng ticket at Paramount Manager's Fop Hort In $75,000 Theatre Fire liynchburg, Va., March 3. Colony theatre, Portsmouth, Va., was gutted by fire- Saturday (27) witii resulting' loss of $75,000. Rob- ert Levlne, secretary-treasurer of the Levlne Theatre Corp., said that the house would be rebuilt at once. Harry Grlssom, father of Thomas Grissom, manager of the Colony, received severe Injury when struck by a door blown from its hinges by one of the heavy explosions dur- ing the blaze. Several firemen were slightly injured. COLOBED HOUSE STUCE UP New Orleans, March''*3.~ A Negro stuck up the cashier of the Mecca theatre here Friday (27) and escaped with $100.22, proceeds for the night at the Negro cashier's entrance cage. Ha escaped after firing a wild shot Tranlde and Johnny' Test Suit for $200,000 Won hy Repablic Pics St Louis, March 3. Republic Pictures Corp., last week won the nod from a jury In Circuit Judge William H. Kllloren's court where a $200,000 defamation suit brought by Frankie BaWer, a Seattle Negress, was tried. She alleged her character was defamed by the Rep flicker,' Frankie and Johnny,' which, she asserted was based on an episode in her life when she shot and killed her sweetheart. In addition to losing the case the plaintiff, now 66 years old and en- gaged In the shoe shining business in Seattle, is stuck with court costs which approximate $250. This is ex- clusive of expenses of expert defense witnesses for which no claim is ex- pected to be filed. The trial lasted six days and a parade of witnesses testified pro and con on the fact that the "Frankie .and Johnny' song which the defendant said was the basis of the flicker was in existence before and after the shooting here in 1''99. Hugo Monnig, defense counsel In his final spiel to the jury, said a verdict favorable to the plaintiff might establish a precedent whereby she might collect damages from any- ' one who sang the ballad. He said the shooting was 'so miserable and sordid' It could not possibly have in- spired the song. One of the chief de- fense witnesses was Dr. Sigmund Spaeth, composer and music his- torian, who declared the ballad was sung before the Civil War. The suit was flled in 1938, two years after the flicker was shown. It took the jury just a few minutes over an hour ^ reach its verdict TITLE CHANGES Hollywood, March 3. "Marshal of Sundance' is new tag on 'The Mesqulte Kid' at Monogram. "The Big Shot' Is release handle on 'Escape Prom Crime* at Warners.