Variety (Dec 1942)

Wflfiam Goldman's Suit On Anti-Trust Charges Vs. Warners Philadelphia, Dec. 8. One of the most important anti- trust suits ever instituted against the major distributors and the Stanley-Warner circuit was filed to- day (Tues.) in U. S. District Court here by William Goldman, prom- inent Indie exhib and one time zone boss of the Warner circuit. Gold- man Is asking $1,350,000 triple damages in behalf of the Erlanger, a downtown theatre which he leased two years ago, on the grounds the defendants had entered a conspiracy to keep him from getting pictures for the house. Although the majors and Warners have been sued by indies innumer- able times in the past, this is the first 'time a central city house has been involved. All first run theatres here are Warner operated. Only other filmers in the downtown sec- tor are the Arcadia, owned by the Sablosky interests, and the Studio which features arty and foreign pix. In the suit filed* by William A. Gray, one of the city's leading trial lawyers, Goldman alleges that the defendants have conspired to mon- opolize the entire film industry in this district by agreeing among themselves that all motion pictures produced by the defendants should be exhibited on desirable runs only by the defendants. Goldman declares in his bill of complaint that he has tried to get pictures but was unable because of the illegal combination and con- spiracy to monopolize the entire motion picture ind'ustry, particularly in the Philadelphia district. The bill further alleges that the Erlanger, which was leased for 10 years at a rental of $12,000 a year, had been relegated to an inferior position where he may obtain product only on the last run no matter how fine his theatre is and no matter how much he would be willing to pay for pictures in a free and open mar- ket. Goldman estimates his loss at $450,000 and asks that damages be trebled under the terms of the Sher- man and Clayton Anti-Trust Acts which, he claims, the defendants vio- lated. Besides damages, Goldman asks that the court grant an injunc- tion against the defendants that they be enjoined from making new con- tracts granting protection of Warner houses against the Erlanger, and that the defendants be made to pay the costs of the proceedings. In a supplementary statement Gray declared that the acts of the defendants not only constituted vio- lation of ethical business practices end legal statutes but it likewise re- sults in many gross injustices to film audiences in the Philadelphia area, and that both the public and the press have mad'e constant in- quiry and complained bitterly be- cause the majority of important mo- tion pictures always play the metro- politan areas and even the smaller towns and hamlets before they are shown in Philadelphia. Named as defendants are Loew's, Paramount, RKO, 20th-Fox, Col- umbia, Warner Bros. Pictures, Vita- graph, Inc.,. Warner Bros. Circuit Management, Stanley Co. of Amer- ica, Universal Corp., Universal Film Exchanges and United Artists. Goldman was head of the Warner Circuit here until 1933. Since then he has gone into the private exhibi- tion field. His circuit nov> numbers 12 theatres. WheWs RKO Mnsical Hollywood, Dec. .8. 'Higher and Higher,' a Rodgers and Hart musical, will be the next producer - director job for Tim Whelan on the RKO lot. Play was presented in New York with Jack Haley and Shirley Ross in the top roles but the cast for the picture Is stIU to be decided. WELLES OPP FONTAINE IN 20TH 'JANE EYRE' Hollywood, Dec. 8. Orson Welles plays the top male role opposite Joan Fontaine in 'Jane Eyre' under a one-picture contract with 20th-Fox. Film rights were ac- quired, by the Westwood studio in a recent deal with David O. Selznick which Included the services of Miss Fontaine as femme star. Kenneth Macgowan is producing, with Robert Stevenson as director and John Housman collaborating with Aldoua Huxley on the screen- play. Par Rosbiiig Throngh Eiglit Pix in Six Weeks Hollywood, Dec. 8. Eight features go before the cameras at Paramount In the next six weeks, a heavy midwinter rush to complete all the pictures possible while the ihooting is good. Starting the eight is the Techni- color film, liBdy in the Dark,' roll- ing this week with Ginger Rogers, Ray MUland end Warner Baxter as co-stari. BOYER,Pl)NNE TEAMED IN WED NATIONS' Hollywood, Dee. B. Next package production by Charles K. Feldman for UniverMl release will be 'Otir United Nations,' episodic film dealing with the Allies. Charles Boyer and Irene Dunne are slated for lead roles. Feldman recently bought 'Mama Mosquito,' ■ tale by Dean Jennings, as a basis for the Chinese sequence. Way Back for Ann Hollywood, Deo. 8. Next starrer for Ann Sheridan at Warners will be a nostalgic screening of early sUdw business. The Gay Nineties,' once titled 'A Night at Tony Pastor's.' •Nineties' will be the first produc- tion on the Bui-bank lot for Jack Chertok, who recently moved to Warners after years of producing at Metro. Wfdawid«y« DecgaMw 9» 1942 Studio Contracts William Noble, Rosemary Foster, Jameson Brewer and Constance Bon-" nelli drew option lifts as junior writers at Metro. John Brahm's director ticket re- newed by 20th-Fox. John Sheppard's actor contract re- newed by 20th-Fox. Walter Hart, shorts director, drew an option lift at Metro. Edward Arnold inked new pact at Metro. Pinky Lee inked actor contract with Hunt Stronvberg. Eddie Gordon, legit player, signed by Hunt Stromberg for the films. Lynda Grey's stock player option picked up by Paramount Ralph Byrd's player ticket re- newed by 20th-Fox. Louise La Planche drew an option lift at Paramount William Eythe renewed as an ac- tor at 20th-Fox. Editorials Plug Pictures Jack Lalt in N. Y. Mirror on Monday and Another Hearst Rag the Next Day 20th Assures British Exhibs on Sunday Dates London, Dec.. 8. With 20th-Fox giving assurances to the Cinematograph Exhibitors' Assn., that its agreement on Sun- day bookings wHl be carried out in full, dispute between the Ameri- can distributor and the British ex- hibitors association appears defi- nitely closed. It is planned by 20th-Fox to is- aue a list of pictures available for Sunday bookings and those for booking at flat rentals. Also to furnish two feature programs on percentage. Dispute arose when ^30th-Fox sought better deals for Studay playdates. nvxjg OF AEALISM Under the above caption, the N.Y. Mirror's editor, Jack Lalt, kudoed the ^^It" bulness thusly last week. Thousands of words have been written and spoken.about the con- structive part the American motion picture indutsry is playing in the war. All true. The movies have stimulated en- listments and patriotism, performed invaluable services in spurring War Bond sales, provided morale-build- ing entertainment for our fighting men on all fronts, sent many of their stars and key men into the ranks. 'But to our mind the industry's greatest service has been in the mak- ing of such pictures as 'Wake Island' and 'Across the Pacific,' good rous- ing productions, vitally significant for this reason: They portray our Jap enemies with plain realism. Not as cowards, dupes, or 'dopes.' But as tough, savage, cruel, cold and smart fight- ing men. The kind of men we'll have to defeat and annihilate. 'That is a proper and salty re minder to keep before the eyes of the American paople.' Monday's (7) N. Y. Journal- American, also' a Hearst rag (p.m.), occasioned Pearl Harbor Day by an other kudo at films, the editorial reading in part: FOR THE CAUSE Movie Industry^ Great Contribo- Uon to the War Effort It would be difficult to over-praise the services of the motion picture Industry in America's war effort. One phase of this service has had to do with enlistments in the armed forces. Thousands of the most eligible men, many of whom would not have been affected as yet by the draft, have been inspired and helped by th«. movies to don the uniforms of the Army, the Navy and the Coast Guard, or to oft^r themselves to the no less essential Merchant Marine. A companion phase has been the industry's work In promoting rhorale. The Public Relations Committee of the motion picture Industi'y has a large collection of well deserved encomiums from President Roose- velt from Lleutenant-General Eisen- hower, and frbm other leaders highly praising the non-profit contribution of the film business in providing motion-picture entertainment for the boys at home and abroad. Still another but less noticed ac- tivity has taken the form of volun- tary-financial contributions by stu- dio workers through the industry's Permanent Charities Committee, which has distributed nearly $200,- 000 to the Navy Relief Society, United China Relief and other causes. Actually surpassing in the list of activities has been the efficiency of the industry in selling war bonds to help finance the war. Last September the industry con- ducted a nation-wide drive. The Treasury Department had fixed a high quota for it The quota was exceeded by more than 8%, with total sales of $838, 250,000. Now, starling on Dec. 7, the in dustry is to repeat its effort for a week. Its War Activities Committee has announced that during this period 16.000 motion picture theatres will sell war bonds. Commencing on the first anniver. sary of the Pearl Harbor attack, the drive has for its appropriate slogan: 'Avenge December 7—On to Vic- tory!' It is a fact that the motion picture industry's outstanding war service is due largely to the circumstances that the industry was prepared for service, and was indeed engaged in service, before our war actually be- gan. As Mr. Howard Dletz, a distin- •guished executive of the Industry, reported recently in a speech before the National Board of Review: 'Few Industries have adapted them selves to the war conditions as quickly as the movies. 'Onrs was armed, for war 18 months before Pearl Harbor.' Broadway Diindnt By Bill Hallifan Hollywood, Deo. 8. I know • lot of A. K.'s out here who think they are Ponce-do-Leon... They bave their pans Ufted and their hair dyed trying to by-pasa old father time. They ought to be sitting in the park at Long Beach playing checkers.. .Instead, they are looking for a blind producer to give them a Jackie Cooper role in 'David Copperfleld.' Well, they oan't all be Henry Woodruffs or Billy Elliots, but I don't suppose you can blame them for trying. A paint job might do my knob a lot of good right now, as I am taking dead aim at a young frill from Pasadena whose old man has more folding money than Donald Nelson has troubles. The other day a producer's ancient secretary, who will never see 40 again, called me 'Pop.' Hie gals all say I look like a distinguished retired banker. Well you have a rough idea what they expect from a banker and that's what I AINT OCT (to go Mencken on you'). The tipofl on an old codger is to watch him open the morning news- paper. He goes for the obituary column right oil the bat...He wants to see whom he has outlasted. A lot of the boys, too many In fact, are oreep- Ing into the summaries of the geezer with the scythe. George M. Cohan's passing affected everyone In the show business. Death was a great shock ..When history Is written George will be up there with Booth, Irving, Sothern, Will Rogers and the rest of the stage's immortals. We were still mourning George when we got the news of Charley Pope ..Another victim of the Great White Way booked over the great divide. A nice guy, Charley Pope. He made it fast and spent it fast. Gave more money away by accident than most of the Broadway Carnegles do on purpose. He had a million dollars once and it lasted him about a year... He came up from Florida where his father was Lieutenant Qovemor, around 1910. Pope was contemporary with Frank Bohm, William Morris and Murray Fell. Arotmd the time when the Paramount theatre was the Putnam bldg., Charley and I had a lot of laughs together. One day we decided to play some handball before we went to the races. We went up to the Friars gym. Charley had $3,700 in big bills in hU kick. When we changed to gym clothes, Charley put the $3,700 in a special pocket he had in his sweat shirt. When we got out to the track that afternoon, Charley di.scovcicd (hat he had forgotten to put the dough back in his street clothing. I wanted to go right back to the club, but he wouldn't let me. He said, 'If it's gone at all...it's gone by now.' '-Well, I hope It's still there,' I said, 'who would look in the pocket of an old sweatshirt?' 'Well, if anybody does steal it,' Charley said, 'I hope it's Dick Savage; he's got five kids.' Dick Savage was our gym attendant and a square-shooter.. .When w« got back the money was there okay and Charley was so tickled he gav* Dick $200. One day we were on our way to Empire racetrack ana wa passed the Hospital for Incurable Children. Charlie pulled up at the civb. He took out a thousand dollar bill and handed it to me. We could see the kids sunning themselves on the porch...Like sparrows In a cage. 'Go In and give that grand to the head nurse,' he told me, 'tell her to buy those kids some ice cream.' We took it on the chin that afternoon at the track. We didn't have a winner. On the way back, as we passed the hospital, he looked up and said.. .'Well, that's a thousand the bookies didn't get' Charlie was married to Stella Hammerstein...Oscar Hammersteln'a daughter, a brilliant and competent woman. He had first-hand knowledge of all the Hammerstein real estate transactions. Paramount had built a theatre, the Rialto, on the sight of the old Hammerstein's Victoria. Par forgot to renew its land lease and that slight oversight cost it $200,000. Charlie told Paramount to take its theatre off the property or the wreckers would. Par settled. MANY A LAUGH WITH POPE Felix Isman and Harry Wolfe (Street & Smith) financed the deal and the next Monday Charlie and. I were booking at Belmont Park with a $50,000 bankroll.* Rube Bernstein was our cashier and we had many a latigh with Pope. He would get down off the block end come back In • little while and tell me he had bet $5,000 on a horse with some other bookmaker. 'Why don't you bet us?', I would ask him, 'then if the horse loses you will still be winner of half of the money you lost.' He finally came,around to my way of thinking. One day he bet us $1,500 on a 20 to 1 shot and the horse won. He had $30,000 coming from his own book. We didn't have the money to pay him off...He was the only bookmaker on record who ever went broke betting himself... Hammerstein's Manhattan Opera House had come upon evil days. 'Rie place was burdened with unpaid judgments and litigants galore. Charley got all of them to sign releases and sold the Manhattan to the Masonlo order for $4,000,000. Max Steuer, -the famous lawyer, was his partner. After they paid all the judgments they had a couple of hundred thousand dollars left for themselves. We were in the money again. One day, at Aqueduct, he beat the first Ave races.. .He wps out in front about $140,000 and he had all the clubhouse bookmakers crying like wounded doves. We were sitting on the clubhouse steps right before the last race of the day. 'Who do you like?', he asked me. I told him I had a whale of. a tip on a. horse calle.d Carmen Pantages, a tworyeer-old Ally which was owned by George Choos. He told me I was crazy. 'Well.' I said, 'I'm a lot winner so I am going to bet $200 across the board...the horse is 15 to one.' 'Let me bet it for you,' he said, 'they think I'm a sucker and maybe I can get you a better price.' 'Okay,' I said. He came back in a little while and told me I was doWh. He got me 20, 8 and 4. A minute later they were off. They broke out of the chute and the favorite, a three-to-flve shot, sprinted into a five-length lead. Coming Into the stretch it looked like I was a dead pigeon. Then something happened. The steed in front stumbled and the jock fell off. They came down the stretch in ding-dong finish and Carmen Pantages got up to win it by a whisker. 'Well, that's that,' I said, 'let's go home.' He took out $6,400 and paid me. 'I'm sorry I didn't string along with you,' he said, 'but 1 didn't.' I bet $40,000 on that three-to-five shot that fell in the mud. And that's not all.. .1 held your bet myself. Let's hurry back to town. I want to buy you a Locomobile. Locomobiles were a fancy price in those days and I had a tough time persuading him to change his mind. He used to come home from the track after a good day and pay the wages of all the help at the Frlarf. The club was going bad in those days and lots of time we were three or four weeks late with the payroll. Charley was always digging up broken down inventors. He had a ma- chine that made shaving brushes, one to every customer in a barber shop. Another time he tried to corner the caviar market and we used to sit around at night and ponder over cables from the Shah of Persia. If he ever did succeed in grabbing off the sturgeon eggs, you can bet on one thing—we would have been our own. best customers. 'I've met a lot of hombres in my time, stock brokers and stock actors; Sing-Sing alumni and supreme court judges; street car conductors and raidroad' presidents; bell boys and play boys; ball players and horse play- ers; story writers and second story workers; newspapermen and gentle- men, but taking them all In all, bye and large, top and bottom, I don't think I ever met a finer man that Mr, Charles Fortune Pope. Sleep in peace, old paV