Variety (Nov 1942)

Wednesday. November ^ ^Mt Multiple Censorial Restrktioiis. Here and Abroad Harrass H wood Censorship in the U. S., now exer- dsed by any number of Government aeencies as a wartime necessity, has become a growing headache for Hol- lywood producers, and is a problem which promises to become increas- Inaly difficult. Quite generally felt in the trade tl>at future difficulties will stem from the overzealous ef- forts of numerous Federal bureaus and censoring groups, some consci- entious, others just devout advocates of plain and fancy meddling who have no conception ol Industry oroblems or cost."!. Biggest difftcully just now is met jn censoring for the foreign market. After meeting specifications of the Army. Navy, Marine and Coast Guard, the producer must pa.ss mus- ter before the U. S. Customs (oper- ating under the 1917 act concerning trading-with-lhe-cnemy), the Inter- American Affairs group and even the Office of War Information. The in- dustry is hopeful that all these groups will work the same as the Customs division, by setting up pre- production censorins groups, but to date this has not occurred. Also ex- pected that the military branches may frame arrangements whereby scripts can be perused in advance to prevent subsequent cuts and costly eliminations. The Inter-American Affairs group has a rep on the Hays Office Produc- tion Code setup, which should curb any objections right at the source. Most producers have learned from experience that it is essential to ghow all completed product before the various Government agencies be- fore attempting to distribute them. ■Tank at Eton' and 'Iceland' Reaction over 'Yank all Eton' and Iceland' is typical of the industry headaches over wartime federal cen- soring. While apparently 'Yank' was approved by British officials in Washington, it now appears dubious If the picture will be distributed in Great Britain. Metro is reported waiting to see the reaction to the film In the U. S. and also Britain. The time-honored British school sys- tem Is a sensitive point, and this pic- ture points out its defects, via Mickey Rooney, which makes it all the more difficult to digest, as viewed by the British. The reaction of the OWI to 'Ice- land' is a new wrinkle. Aside from the background inaccuracies, there is supposedly little that could be found ■t fault, even by Icelanders. The pretentious floor show and ice skat- ing, of course, untrue according to Icelandic exhibitors, should be , charged off to theatrical .license. These are isolated cases, but they all add up to the horrific task con- fronting the producer and top execu- tives in obtaining finished produc- . tlons that will meet the approval of the innumerable Government agen- cies. Advance rules laid down by the customs boys also will hit many comedy productions, since there is an edict about kidding phases of Allied military life. At a time the public is anxious to have vehicles in a ligliter vein, and with interest in armed forces, this is regarded as a tough one to comprehend. The lAAC also puts thumbs down on anything that might appear to put an American service- man in an absurd situation. Even in England, producers are al- lowed to show the.Army and Navy In comedies, just so no member of the farces is depicted in an unfavor- able light. British producers can poke fun at Hitler and Mussolini, and do so in these military comedies. But Customs rules, laid down some time ago. say neither American nor Allied forces can be shown in frivo- lous, unmilitary scenes or attitudes. This might readily be construed as l>anning all comedies in which the <rmy or navy is a background, and the comics kid about the routine of the military—when these subjects •re offered for foreign export. Horrors, No, In England Bo-called 'horror' features are out In Great Britain. Formerly Britain •ssued an 'H' certificate for such pic- tures, which meant that youngsters were barred from seeing them, but these since have been withdrawn and the film getting the usual 'H' certifl- cale (horrific film) now is banned. . Blackouts and air-raid shelters in Britain depre.ss population there, and naturally such horror, or ghostly pic- tures are not wanted. Typical of the overlapping or tend- ency to overlap is that of the Cus- toms censorship. The Custom.s offt- Two BiDs Directing Too Hollywood, Nov. 3. Bill Pine and Bill Thomas, produc- ing combination for Paramount re- lease, are spreading out as directors in addition to their producing. Pine is currently handling the di- rectorial chore on 'Aerial Gunner' and Thomas is winding up to direct 'Alaska Highway,' both Pine-Thomas productions. Gov t Attorney Fears Browne Aide May Skip PICTURES WILLIAM FOX STARTS PRISON TERM TODAY Fear that 'powerful pres.sure' might be brought upon Isadore Zevin, who was secretary to George E. Browne when the latter was pres- ident of the International Alliance of Theatrical Stage Employees, to flee the jurisdiction was expressed Friday (30) at Zevin's arraignment on a 9-count perjury indictment in the U. S. District Court, N. Y. Zevin pleaded not guilty and was held in $20,000 bail for a hearing on Nov. 4, by which time he expects to obtain a lawyer to represent him. Assistant U. S. Attorney Boris Kostelanelz asked the high bail explaining that Zevin was bookkeeper of a $1,500.- 000 fund levied Jrom the members of the lATSE. grand jury investiga- tion of which led to Zevin's indict- ment last week. The prosecuto. charged the book- keeper 'lied and in effect impeded the grand jury investigation.' He added that $900,000 of the fund had been mailed to Zevin. but he did not go into detail on this point. 'This is a case in which there have been fugitives and missing wit- nesses.' Kostelanetz said. While the defendent may not want to do bo. powerful pressure might be brought upon him to make him flee.' Zevin was indicted by the same special grand jury which in May, 1941 indicted Browne, then president of the lATSE. and William Bioff. Browne's personal representative, for extorting more than $1,000,000 from the motion picture industry. Browne received an 8-year sentence and Bioff 10-years. The grand Jury at the same time indicted Martin A. Hirsch. a former auditor for the Treasury Depart- ment, now a self-styled tax consult- ant of Brooklyn. Hirsch furnished $25,000 bail for Nick Circella. alias Nick Dean, when Dean was held as a henchman of Bioff and Browne In the extortion case. If convicted on all counts of the indictment. Zevin could be im- prisoned for a maximum of 60 years and fined a total of $42,000. Hirsch, whose bail was .let at $5,000. faces a maximum of five years and a fine of $2,000 if convicted on the one-count of his perjury Indictment. On Her Mysterious Way Hollywood. Nov. |. Anna May Wong continues her Oriental whodunit career in 'Adven- ture in China." following completion of her current starrer. 'The Lady From Chungking." Alexander Stern is producing both pictures for distribution by Pro- ducers Releasing Corp. 'Adven- ture' Is slated for a December start. 'FUEL CONSERVATION' PIO Film industry's War Activities Committee is releasing an Office of War Information short entitled 'Fuel Conservation' this month, in addition to the Victory shorU al- ready scheduled, at request of Lowell Mellett. Paramount will distribute, begin- ning Nov. 12. Philadelphia, Nov. 3. William Fox, onetime millionaire film magnate, is scheduled to sur- render to the U. S. Marshal's office tomorrow (Wed.) to start serving a one-year prison term and pay $3,000 fine for conspiracy to obstruct jus- tice and defraud the United Stales. A mandate giving him Ave days to surrender was issued by the U. S. Circuit Court of Appeals here last Thursday (29) following the refusal of the Supreme Court on Oct. 19 to consider Fox's petition to change his plea of guilty to not guilty. Fox made the plea in 1941 and testified against U. S. Circuit Court J. Warren Davis and Morgan S. Kaufman, a bankruptcy attorney, who were charged with the con- spiracy along with Fox. Fox said he had 'loaned Judge Davis $27,500 while litigation on Fox's bankruptcy was before Davis" Court. Kaufman was accused of being the go-between. After two trials at which juries disagreed, the Government dropped its charges against Davis and Kauf- man. Fox had claimed that he had pleaded guilty on a promise by the Government that he would be al- lowed to change his plea if the other defendants were not convicted. lATSE s ChaHenge to SOPEG For Control of White-CoDarites Nationafly Now a Major Issue Barton MacLane Seeks To Regain His 2 Children Memphis, Nov. 3. Charging that his former wife was failing to provide for their two chil- dren from money he contributed under terms of their divorce. Barton MacLane, film heavy, filed a peti- tion in probate court here seeking their custody. The former Mrs. Mac- Lane. a Memphian, had renounced all claims to alimony at the time of the divorce in New York in 1930, but had been given custody of the chil- dren, with MacLane's agreement that he would contribute to Iheir support He charges that 'during the in- tervening years the petitioner (Mac- Lane) has so contributed, but his efforts to support the children have been defeated by the failure and re fusal of their mother to apply to Iheir support the payments made for that purpose. The children, a 15-year-old girl and a boy, 13, had thus become wards of the Probate Court, it was stated, and are now being boarded in a private home provided by the Tennessee Children's Bureau, a pub- lic charity organization. Mrs. Alice Reed Saxby, Shelby County proba lioi\ officer, said that for a time they had been left in the custody of maternal great aunt living at White- haven. Tenn., but upon reverting to her care, they were placed in an other home and their expenses taken over by the Bureau. Their mother. Mrs. Martha Stew- art, has been living at the Salvation Army headquarters lately. It was charged in the petition, and has failed to care for the children. MacLane represented by the well- known Memphis law firm of Shep- herd, Owen & Heiskell, slated that he has since re-married, that he has a home in Beverly Hills, asks to set aside the order placing the children in another home and that they pro- bated to him 90 that he can take them to to his home in California. -J* Drama in Three Shades Hollywood, Nov. 3. Universal rolled 'White Savage,' a drama of various complexions, co- starring Maria Montez, Jon Hall and Sabu. Technicolor feature la being di- rected by Arthur Lubin and pro- duced by George Waggner. Cinema Palace Furbelows Cut For the Duration Detroit, Nov. 3. No more parking the baby while mama sees a show, no more ushers in the gentleman's lounge to provide change for the cigaret machines, and no more checking in the theatres. Plenty of the extra picture palace services are being discontinued in these parts because of both the man- power shortage and little demand today for the extra touches. The Michigan, leading United Detroit downtown house here, discontinued the checking prograni along with other houses last week. Most of the,big houses are making surveys to determine just how much these extra services are being used and those little used by jthe public are being discontinued, what ushers can be had the.<:e days arW used for the bare necessity of getting the folks in and out. However, candy and coke bars are staying in mo.st houses here both because they are manned by girls and because (hey are profitable and busy adjuncts. MYRON SELZNICK NOW IN GOVERNMENT SERVICE all ad-publicity matter designed for foreign export. Postal boys said they had been doing censorship of that matter for years and would continue to do that. Thi.'s ended discussions r .. on that phase of the industry's ex- cials iVanted to include inspection of ports. Hollywood. Nov. 3. Myron Selznick has withdrawn from the agency business for the duration. He started Monday (2) on his Government duties on the Harry Hopkins staff, assigned to lend-lease affairs. He had been in Washington for the ppst six weeks and the appointment came through over the weekend. His agency biz has been so ar- ranged to enable it to continue with- out his personal attention. Henry Henigson sits in the driver's seat as general manager. Selznick tried to enl,st and was rejected. His brplher. David O., is still in New Yorl- and also trying to join up. A. J. Balaban's Story Told by Wife 'Continuoui Performance' U a Biography and a His- tory of the Film Palace By ABEL ORECN The biography of A. J. Balaban written by his wife. Carrie, is being brought out under the title 'Continu- ous Performance' iPutnam, $3.50). It is a combination personal success story and history of the modern de- luxe motion picture theatre. It was in Chicago thai luxury houses were pioneered, largely by A. J. Balaban and his associates. Spreading out from the polyglot west side to ulti- mateW erect mammouth houses all over Chicago. B&K did more than change the entertainment map of a single city. In a very real sense Balaban established the model for the nation. All show business took its leadership from those formative days in Chicago. Abe Balaban. who had some pre liminary experience as a vaudeville" "Back cover of the large volume singer, came into his own as a film exhibitor. He did more than any individual 'including the late Sam Rothafel of Roxy and Music Hall i fame) to glorify the cinema setting. It is no exaggeration to say that the influence of the Chicagoan is im- plicit in the big houses of Gaumont and Odeon in England or. say, of Emilio Azcarraga in Mexico. Prophetic How prophetic wai Balaban's out- look and influence on the pre.-ent- day picture theatre operation, is best summed up by the following reprint of an interview in October. 1917. in the Chicago Herald-Examiner. (This interview was reprinted by 'Variety' as part of a Special A. J. Balaban Number. Feb. 27. 1929. So proud are the Balabans of this show biz tribute that a miniature replica of this 'Variety' edili^n is made part of the 'Continuous Performance" biog- raphy. It is allachod to the Inside At the conclusion of Monday's (2) hearing before the National Labor Relations Board in New York City of the claims of the lATSE and SOPEG to jurisdiction over the ex- change collarites of the Loew. UA and 20th-Fo'x exchanges in Manhat- tan, it became obvious that what happened in New York was dwarfed in importance by what these hear- ings may portend for the national scene, so far as organization of ex- change collarites is concerned. What started out as a routine chal- lenge by the lA of SOPEG's claim to front-office employees of three exchanges in New York now has the positions reversed with SOPEG busy challenging the lA. The switch occurred last week when Joe Vogel. Loew's v.p., intro- duced as evidence an agreement be- tween the lA and RKO. Metro. Co- lumbia, Paramount. Universal, 20th- Fox and Warners for their front of- flce exchange workers in all key cities except Los Angeles, Frisco and New York. The lA contends that this agreement supports their stand that the exchanges be organized on a national basis so as^Jo_effgctlvelY deal with the employed'who pMrfler to negotiate one national pact in- stead of individual contracts. Screen Office Profe.ssional 4 Env ployees Guild claims that each ex- change is a local problem that can- not be handled easily out of lA headquarters, that there already exist locals in Los Angeles and Frisco not covered by the lA and that they. SOPEG. already rep thj New York exchange collarites of Columbia and have t>een certifled at a NLRB election at National Screen Service. lA Gets the Jump In effect the lA has beaten SOPEG to the pun ch since the lA. with locals for projectionists, stagehands and backroom exchangers in the key cities has a nucleus around which to base its orga(iizational drive. SOPEG on the other hand Ka>i neither the money, manpower nor authority—since it is restricted to •New York by its charter—to organ- ize nationally. The importance of the lA agree- ment lies in the possibility that the NLRB may recognize the fait ac- compli which, in effect, permits the lA to organize front office exchang- ers around the country, meanwhile isolating the non-IA exchanges in New York, L. A. and Frisco. The hearings resume on Wednesday (4). According to testimony brought out by the cross examination of Leonard B. Boudin. SOPEG attorney, Vogcl admitted that Richard Walsh, IA_ prez. phoned him before the lA national cunvciitioii this summer and said that after the convention the lA wanted to confab about front of- fice exchange employees. Following ! the convention Walsh contacted j Vogcl who called on the other majors and secret meetings were held in August niid an agreement was signed on Sept. 9. When asked, by Boudtn, if the em- ployers had asked the lA for evi- dence of membership (o sup|)ort their claim to represent the ex- change workers. Vogcl replied that they had always tsrken the lA's word in the past and saw no reason for not taking it then. Also surprising to observers was the testimony of Joe Ba.sson. Inter- national rep for the lA in charge of special depts.. that the lA started issuing charters for the F locals in July. In view of the fact that the agreement between the lA and the majors was not inked until Sept. 9 and that F local.s in St. Louis and Albany are just negotiating their pacts, there is considerable specula- tion among exchange collarites. a special jacket of Carrie Balaban's design.) The visionary 1917 inter- view, which was pr,ophetic even In (Continued on page 25) DISNEY LOOKS SET TO RETURN TO UA Jlollywood. Nov. 3. Grad Sears and Arthur Kelly hope to conclude a deal with Walt Disney, to relea.se the latler's forthcoming pictures through United Artists, be- fore they leave for New York Thursday t.ii. Disney's deal with RKO for hil shorts still calls for 18 to be teleasedl.