Variety (May 1942)

Wednesday, May 27, 1942 PICTURES 25 Times Theatre on 42d and 8th, Suing Four 42d St (Brandt-Cohen) Theatres J J. Theatres, Inc, operator of ♦he Times theatre, oa 42d .and 8th avenue, N. Y., filed- an anti-trust suit in N. Y. supreme court Mon- day (25) against the eight major film companies, Ws Joyce, Inc., operator of the Selwyn theatre; An- •well Amusement Corp., operator of the New Amsterdam theatre; Helgus, Inc., operator of the Liberty theatre; Andear Amusement Corp, operator of the Harris theatre; Brandt Thea- tres Corp., Max Cohen, Harry and William Brandt, claiming conspiracy. Plaintiff alleges defendants are at- tempting to put the plalntifl out of business. The defendants' theatres are nearby, all on 42d street, ofif Broadway. J. J. Theatres, Inc., Is controlled J. J. Joelson. It is alleged that the Brandt Thea- tres Corp. controls 90 theatres In N. V. It is alleged that the four de- fendant theatres, with the Brandts as principal stockholders, and Cohen as manager, pooled their resources in 19.18 to stifle competition, and' se- cure c;ccesslve playjng time. Plain- tiff was receiving 50% of the product of Warner Bros., RKO and 20th- Fox, but after March 15, 1041 the distributors ceased giving it product, gradually. Early in 1940,. It. Is claimed, the Braiidta and Cohen jointly purchased the Stanley, on 7th avenue and 41st street, N. Y., and deliberately ran the theatre down until it was closed. The Stanley had bfen playing day-and-date with the Times, and after It closed. Its prod- uct was given to the other four theatres. Prior to 1940 the-gross of the Times theatre was $125,000 year- ly and now It Is $75,000 and falling all the time. It Is alleged that un- less the defendants can )x prevented froni carrying on their alleged mo- r.cpolistic practices, the Times wUI go out of existence. Specific viola- tions charged, deal with Sections 340 of the General Business Law and 580 of .the Penal Law.' An Injunc- tion and accounting Is asked. ■ 'No Charity' sContlnued from ptic 3s Asst. Theatre Manager ' A Confessed Sticknpper Minneapolis, May 26. LeRoy C. Miller, . 19-year-old Newsreel theatre assistant manager and one-time Orpheum Tiaher, has confessed to police that he was a bandit 'on the ^Ide*. While the show was in progress, Miller said he stepp^ out and planned a ham- burger shop holdup with a friend. After the theatre closed the pair stole a parked car and drove to the shop where the owner was com- manded at the point of a gun to turn over his money. Miller, and hfs accomplice were captured by the poUce on a tip after they had escaped detectives in a gunfire chase'. Two N. E. SUokap* Boston, May 26. A solo bandit held up two Dprches- ter theatres in the suburban Boston area Sunday night (24) and got away with around $300. Thug took $16 from Loraine J)eLorIers, cashier at the Strand, and $272 from Edward Myerson and Mrs. Lea- Morln, man- ager and cashier, respectively, of the Dorchester. Bandit shot at Patrick KUroy, an employee of the latter theatre, but missed hiii^. In making his escape from a net of police patrol cars the holdup man struck at 14-year-old boy with his car. Geo. Walsh Joining WB As Distrib Exec George C. Walsh, for years in Wgh theatre management posts, Is joining Warners in an executive distribution capacity, nature of which Is not presenUy indicated. In theatre operation for 22 years, until recently he .had a theatre of Ills own In New York and also Is in- terested in the Paramount-RKO pool in Yonkers, N.'Y. Walsh resigned as president and general manager of Netco Theatres, upstate New York Par subsidiary, a year ago to assume operation of the Yorktpwn, N. Y, which he recently turned over to the Eaybem circuit. For many years with the old Publlx (Par) circuit In various Important capacities, Walsh previously was as^ sociated with Saenger, Comerford and other circuits. have supported magnificently all at- tractions booked ' under the relief bamifers, * Behind the scenes there is consid- erable friction. The Red Cross has collected $1,500,000 for Army. and Navy relief as part of Its services to the armed forces, and a question hai arisen as to where tiie line shall be drawn on jurisdiction. There is also some difference of opinion as to the division of funds, the demands upon the Army being much greater than the expanded program than those which fall upon the Navy. By "De- cember the Army expects io have 3,600,000 men in uniform while the Navy, under Its expanded person- nel, will not reach 1,000,000 until 1943. The drive for the relief agencies which.was supported by a nation- wide collection in the American thea- tres will reach well over $3,000,000. and these funds are being equally divided. The Navy, through civilian com- mittees, got the jump on the Army in organizing for fund collection. Some of the practices indulged in by these civilian committees go be- yond the strict regulations and policy ot'the services, but It is difficult to control the activities of such volun- teers. Others, eager to help, have scheduled events for Army and Navy Emergency - Relief, ■ which both branches are without the organiza' don to supervise. Those sponsoring a change and a federal allocation, contend that the Army and the Navy sacrifice dignity and prestlg^ bpublic apj>eals. Col lections from men^ln uniform have been banned during these drives, but each camp' theatre Is obliged to run at least one day during the year with receipts going to the relief fund.' VSO't $32,««»,0«e Goal There is also a belief that the pub- lic will be confused by the continual campaigns for the military. The United Service Organizations . cam- paign now under way seeks $32,. 000,000 for the care and comfort 0(t the uniformed forces when they are away from camp or ship and on fur' lough. USO, besides supporting these community clubhouses, also provides the paid entertainers for .the camp stages. Here, in Washington, the multl pllclty of drives brought action by the District Commissioners to con fine war fund solicitation to one cen' tral campaign which wUI be con- ducted In the fall. In Norfolk and 'Richmond, city officials refused tb let the theatres collect funds for' Army and Navy Relief. These cities, confine such appeals to one annu^ campaign, in ° which all accredited agencies share. Army and Navy Emergency Re- lief funds are really created to by- pass the delays and red tape encoun- tered ..in following . service policy. The principal object Is to collect and disburse funds for the purpose of meeting amergencies due to the war and which require prompt attention. A preponderance of the 'cases arise among dependents of casualties be- tween the time when allotment of pay is. discontinued and Insurance Is received; of cases arising from hard- ships caused dependents by sudden transfer or movement of the soldier or sailor from his camp or station, and other temporary emergency fi- nancial distress which arises from causes Incidental to military service. By slashing red tape and making funds readily available to meet such contingencies. It is felt that Army and Navy Emergency Relief could operate smoothly under a federal grant Assistance to the men Is given by an outright grant or loan and. in some cases takes the form of relief in kind. A soldier or sailor Is not at his best at the front or battle station If he'Is worrying over his family's wel* fare on the home front. This Is the contention of those who would change the existing system and sense a Federal appropriation as one of Uncle Sam's duties to those who are going to carry his flag to victory. Ronyon's Turps' Encore t Hollywood, May 26. •Joe and Ethel Turp,' character! cree(ted by Damon Runyon as. a syn- dicated newspapet> feature, eit re- turning to 'the screen for a second pictbre, still untitled, at Metro. First was titled 'Joe add Ethel Turp Call on the President,' filmed three years ago with William Gargan and. Ann Sothem in: the.top.spbts. Cast for the second is still unnamed. Par s Breach with Both Skouras And Century Chains Continues Rep's Griffith Dealt . Republic has closed a deal for 1942-43 product with the Griffith Oklahoma Circuit Theatres and the Griffith Texas Circuit Theatres, total of about IGO houses. Frisco Arbiter Attacks Consent Decree Setup San Francisco, May 26. Convinced the motion picture con- sent decree Is inadequate and is creating unfair conditions, the San Francisco arbitrator of a case re- cently reversed by the appeal board has taken Up the cudgels for amendr ment of .the decree. Disclaiming 'sour grapes' and stating he is acting to aid 'In protectitag. the good name of arbitration.' the arbitrator, at- torney Donovan O. Peters, aims his fire principally, at appeal procedure imder the decree. In a- letter to J. Noble Braden, ex- ecutive director, American Arbitra- tion Association, .Peters said: . •The Consent Decree fails to speci- fy any grounds for an appeal, as such grounds are recognized in legal procedure. Any party who is not .totisfied with th6 award can have the case ■ decided by the Appeal Board on the cold record, thereby excluding wbat''might have been a vitally important part of the factual circumstances which the trial arbi- trat(ir considered.. 'The Appeal Board, under such procedure, becomes an arbitrator and not truly the appellate board, and the' so-caIle(Ji arbitrator, who was presumably nominated by the parties, merely prepares the rec- ord for decision on the cold record by the Appeal Board, except in Cases where no appeal is'filed. Peters also said the Decree Is con- fusing on the subject of the 'move, over* and that as a result: 'Move^ over can and does defeat the subsC' quent-run theatres under their con. tracts and extends clearance to which they are subjected far. beyond the clearance contemplated In the Decree.' In the case for which Peters was arbitrator he Upheld the claim of the Piedmont theatre against the dis-- trlbutors that Its clearance was im- reasonable, and he was reversed by the Appeal Board. Knapp's Pern Pic Pact has been signatured with Herbert E. Knapp, documentary film producer, by the film division of the Coordinator of Inter-American Af- fairs for Knapp to make a picture in Peru dealing with life in that coun- try. . • , Coordinator's office,, .which has ob- tained non-the&tricai rights to 'Lati- tude Zero,' also made' by Knapp and which covers Ecuador setup, plan^ releasing the film in the U. S. in a few months. Knapp tees off for Peru shortly. GrewIiiK DislnterestT^ Detroit, May 26. This must be evidence of the de- crease In imp>ortance of the AAA hearings. When the case brought by Dan Gregory, owner of the Cry- stal In Beiilah, Mich., was called,- he was not represented by on attorney. His representative was Raymond Moon, general manager o'f Mutual Theatres, On the other side, none of the majors were represented by counsel but In place of attorneys appeared salesmen or assistant managers. 20th Century-Fox did not even put In an appearance. Gregory Is seeking a 21-day slash in clearance between him and the Ashman Bros, theatre In Frankfort ESSANESS CHAIN, 2S HOUSES, QUITS AUe Chicago, May 26. Essaness circuit, Chicago nabc group, has withdrawn from mem- bership in Allied Theatres of Illi- nois. Resignation takes 28 houses away from Allied. Essaness owners are understood to have disagreed with several new Allied policies. . Unit Managers Elect Hollywood, May 26. Unit Managers Guild elected H. Keith Weeks president, Frank Caffey vice president, Eric Stacey secretary, and Sergei Petschinkofl, treasurer. New members of the board i are Percy Ikerd, Sydney S. Street, Way Marchant and Al Alleborn, retiring prexy. Schad's Suit K.O. First Plnlly Court Victory For Distribs in Years Philadelphia, May 26. Federal Judge Guy Bard in dis- missing the $750,000 damage suit filed by. H. J. Schad, Reading (Pa.) exhlb against Warners, 20th-Fox and Wjlmer & Vincent circuit, on alleged conspiracy charges, marked the first major court victory here for a dls- trib against an exhibitor foi" several years. Judge Bard ruled that Schad, as a landlord, had no right to pre- vent Warners, the lessee, from re- leasing 20th-Fox from its agreemerit to supply the Schad-owned'theatre (Astor) with product. (Schad had alleged that 20th-Fox had sold 50% of Its product toi the Astor' while Warners had leased' the house; but as soon as the lease expired, 20th had sold away to Wilmer & Vin. cent). Judge Bard also ruled that the' public Interest was not being harmed as alleged In Schad's claim, since the public could see Fox films at W&Vs Ritz and Embassy. There were no violations under the provisions of the Sherman anti-trust act, under which the suit, was filed. The court also pointed out that Schad did not compl;un when other distributprs sold away from the house. State Senator lUrry Shapiro and William Rudenko, attorneys for Schad, announced they would ap- peal their ease to the U. S. Circuit Court of Appeals. Efforts to end the product break between Paramount and two large eastern circuits, Skouras and Cen- tury, which sought to beat it down on terms fop. this season's pictures, have fizzled and it now appears that the schism will be permanent Un- derstood that neither of the circuits are yet willing to accede to the terms demanded by Par for its prod- uct' and rather than give in to the buying power represented by the 85 theatres involved. Par is satis- fied to go along selling other indies in Skouras-Centuty territory. Skouras and Century stalled Par far into last fall on this season's product, available since Sept 1. with negotiations eoniiag to a halt, where- upon Par sold away. Company has been giving independents in Greater New York and vicinity two pictures at .a time, to be played that way at the theatres. Every effort has been made to- make up the two-picture units in such a way that they would provide strength^t the boxofficc. Also, Par -h^is noA>een holding film as long at its own Par, N. Y., so that they will have something left when they reach the i6ubsequent runs. On the approach from Cenhiry and Skouras during the past week, the Century circuit sought to make a deal for one unit of two pictures without any commitment for addi- tional product 'While It was wlUlng to make a percentage deal. Par re- fused to entertain negotiations along those lines, while with Skouras there was no headway .of any kind, from accounts. . * Skoui^s circuit, operating In Greater ■ New York, lower N. Y. State, Long Island and northern New Jers,ey, . Ip " headed by George P. Skouras, while the Century chain, with'houses'.-in-.Brooklyn and on Long Island, Is manned by Fred Schwartz, Par formerly sold 36: of the Century houses and 49 In the Skouras string. Kraike at the Pass Hollywood, May 26, Associate producer assignment on 'China, Pass' at Paramount goes to Michel Kraike, hitherto executive as- sistant to Walter MacEwen. Filming starts in June, Ralph Murphy directing. 'New York Theatres 4th WEEK BETTE DAVIS IK A WAIINER BROf, HIT "In This Our life'* In ParaoB JBMMY DORSEY AMD HIS OBOHmBA BILLY DE WOLFE STRAND B'w»y*47tli«. MiMYWMTI*ii*flUTm HILO OVEI M WKEK NEX lEACH'a "THE SPOILERS'' RuMHi MariHH Mm •coTT • oicrniCH • Wayne CM ST. CAPITOL TyrtM POWER* JsMi nNTMM THIS ABOVE Air • I VK coNriMuoul B WAY & a 7;i. Si PALACE STARTS TOUORROW Tho Story ol ■ Nation In Muilc 'SYNCOPATION' • —and— KDW. a. BOBINSOV 'LARCENY, INC FRIDAY IS THE PREMIEREI WABM^BBROa,' ■MTBBTAIKipUn: IflBACUS JAMES CAGNEY ia tlM fUn •< OMO. K. OOHAM 'YANKEE DOODLE DANDY' Alt *^uoiJLYWOCiD^!!SS^J,^ rwnrJlit.CIJ-N4J MUSIC HALL HELD OVER "TORTILLA FLAT" Spactacular Stage Predu«tlen« "SHIPS WITH WIN<5S" RIVOLI » LOEW'S STATE'ir LAST TIMES WEB. 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