Variety (Nov 1943)

PICTURES Wednesday, November 8, 1943 Indie Exhibs Might Be Jammed If Majors Agree to End Theatre Pools Washington; The Justice Department reach Its decision on amendments to the motion picture decree case, 'between the 15th and 20th of this month,' according to As- sistantv Attorney Gcneral Tom C. Clark. Me Is winding up the present phase of the. case with the big Ave companies. Clark will.start, intensive talks: -with reps- of the Independents next week and these sessions probably will stretch out for two weeks. Then he wllf. be ready to put on paper .what the Gov- ernment wants done. Wangcr, Lubin Make Social Disease Shortie ■ Hollywood,-Nov. Waller Wanger and Arthur Lubin slopped out pi their professional voles as. producer and director to cook up a two-reeler for , the U. S. Public Health Service, tilled 'To the People of the U ruled Stales.' Film \vill be 'distributed -free to the armed services, civic organizations, schools and industrial groups to help eliminate or control social disease.-.' Cugat's Multi Chores ■Hollywood, Nov. 2. Xavier Cugat is working overtime iin two picture jobs which he must I finish in lime to allow! for his New j-York opening, al the- Waldorf Nov. 110. The rhumba merchant currently \ \s .working in ,"Mr. Co-Ed'; and 'Two i Sisters and a Sailor.' '■ Cugat is: clue back in March to do two pics for Metro!:-. Though some producer-distributor chains are reported willing to con-: sider elimination of pooling arrange- ments and others among Ihe decree Big Five may . come along reluctant- ly in order to get a new consenting agreement, the question is raised in the. trade as to whether or not such a deal with the Department of Jus- tice will not cause snags due to the complicated nature of various pools. In legal quarters uncertainly is ex- pressed as to the stand that might be taken by independent .exhibitors or circuits who are part of pooling or opcrati't" agreements in various sec- tions' of the country. Additionally, pointed: out that, aside from situa- tions where. Indies are pooled -with distributor circuits, there are numer- ous cases where'Indies themselves have pools set up. If the decree com- panies arc to abandon all pooling or special operating agreements, why. should not indies also be divorced • fr>m this phase of operations, it . is es'rrd for the sake of argument. nespite the possibility that all de- cree distributor's might agree to ■washing up pools as a concession to the D. of. J. : under decree negotia- tions, the question is raised as to Whether indie exhibs, where pooled with majors, can be forced out of existing contracts and whether or not the courts would be inclined to up- hold such contracts if complaints are brought. Some contracts are in existence between distribs and indies under ■which latter operate the pools lor the majors, such as Si Fabian, who. has operating control of three downtown Brooklyn theatres, the Fox (his own), the Paramount, ownodby Par; and the Strand, controlled by War- ners. Fabian, under another pool, operates, lor, Paramount in Middle- town, N. Y. Another case where an indie operates for a major is Mort Singer,' who has old Orpheum houses , In the northwest.and midwest under- special agreements. Should so-called pooling and op- erating agreements be ruled out, then the United Artists theatre Gir=! cuit. controlled independently by Jo- seph M. Schenck and others, would be forced to organize its own operat- ing .md buying organization. Ex- ceDt for the Rivoli. N. Y., which is owned jointly by UA Theatre' Cir- cuit and Par, .'all houses are under operating agreements with others, some for long terms, these including Prra'mount. Lbew's, Fox-West Coast ond . Comerford. Abandonment of these. Vioeratihi? agreements would f irce the UATheatre Circuit Into the field activelv as a chain operator. So 'far as the Riv. N. Y.. is concerned, George Skouras represents the UA owners on operations together with fi committee from Par. Prefer Pooling Many of the independent exhibi- tors whose houses are tied up un- der operating deal's with majors, pre- fer this arrangement since.they don't have to bother with their own oper- ating and also derive various bene- fits, particularly on buying. This angle, among indies has also, had much to do with building up book- ing combines. A large number of Indie houses are tied into the Brandt Bros.: circuit and might be corisid- : ered as pools since the hookups have been ' made, to enjoy the strong Brandt purchasing power. Even Ed Kuykendnll, .president of the Motion Picture Theatre Owners of America, has a handful of houses in northern Mississippi Which are. operated by ' circuit partnerships of Par, these be- ing Snehger and Malco. In the Greater N. Y. and surround- ing territory,, two circuits that retain' their independence but negotiate many deals together, one hot buying unless agreeable to the other, are the Skouras Amusement Corp. and the Century circuits. Asks 104G Job for UA Services in Japan; Co. Sez He's Got Wrong Yen Argument over the ihleiiiplioiiol rate of exchange at of Pearl Harbor, in a suit involving United Artists and Lewis E Pcppcr- man,. UA!s Tokio ..exchange, repre- sentative before ,the .war, is sched- uled for today (Wednesday) in New York supreme court, when UA atv torneys will enter'-a motion for. dis- missal of three cause of actions. Pepperman; who was interned by the Japs for a year prior to his - lease in a prisoner exchange, is suing United: Artists for $104,000. covering" damage to health. loss, of employ- ment and . further claims that he was under contract to UA during his. period of internment. UA attorneys say they're willing to make settlement if adjustments can be reached on a 'reasonable basis, but claim that Poppermah's demand for $105 a week as back pay on the basis-of 350 yen a week is contrary to the international rate, of exchange. Pepperman, currently in the Merchant Marine, contends UA owes him coin on the basis of 3Vt yen representing an American dollar, but UA argues that the rate of ex- change never : went . higher than .2350. ' It's further argued by UA that Pepperman' was never under contract, hence he's legally not en- titled to pay during the internment period despite the company's will- ingness to make an adjustment. BELL' RINGS 252 SPOTS AT 70% Under contracts'already-.negotiated on 'For Whom .Bell Tolls,' to be played .singly., and at. increased ad- missions for 70<;, of the gross lp Paramount, total of engagements will be brought lo 252; with this number lo have opened by ' the middle of December, according tp Charles M. Reagan, assistant general sale's manager, who is in top charge on 'Bell' selling:- Of the 252- total. 107 engagements, had started as of Fri- day i29). Dales are being filled as fast as ■prints.', can" °e supplied, Reagan added., Among cities so far opened, .'Bell' went into two houses day-and- date in Los Angeles and Detroit, while in some .situations it has al- ready carried over in moveovcr house.':. . • Loew's Pacts ' ...With many deals already closed on 'City That Slopped Hitler,' Rus- sian-made which Paramount , is sell- ing .singly, some exchanges have sold as much as 40% o£«their pos^ sibililies in only four weeks-of ne-. gotiation. The independent Contracts total more than 2,000 to date. Among .circuits Signing up for 'City' is Locw's for Ihe Greater N: Y. territory. Milt Kuscll, N. Y. dis- Irict manager for Par, and .Henry Randel,'branch manager, negotiated the contract during the past week with.C. C. Moskowitz, Loew'^ y.p. on theatre operations. Ed Godding to Direct WB's Crawford Initialer Hollywood, Nov. 2. Edmund Qbulding checked in at Warners to direct his own story, 'ITev'er Goodbye,' slated as a starrer for Joan Crawford, her first on the Burbank lot Henry Blanke, producer, has been huddling with Goulding on the script. WB INCREASES NOV. RELEASES TO THREE Warner Bros: has increased its re- lease schedule' for November from two to three pictures, decision hav- ing been reached to throw 'Old Ac- quaintance' on the market for this month, with availability posted as Nov. 27. : Previously WB had planned only 'Northern Pursuit' and 'Find the Blackmailer' for November, plus two reissues. ••'•'- More Action for Ev Blskin Hollywood, Nov. .2. Everett Riskin. currently' produc- ing 'Kismet' at Metro on a one-pic- ture deal, remains on tlje lot under a new contract. Following 'Kismet,' he will handle the. reins on 'Action in the Living Room.' JUNE PREISSER "HOLLYWOOD'S DYNAMIC DANCING PERSONALITY". Just concluded a personal appearance lour embracing the key cities from Omaha to Boston. I.want.to'.fake this opportunity to.thank f veryone-^-lhe Managers, the Bookers and also , the Gentlemen of the Press," who unanimously have been kind onoughto. say siieh nice things. All In nil. vnu're a swell bunch, Returning to Hollywood'lor :i ma.inr picture lominllment Personal Management, DICK TERRY. ■ k Picture Representatives, FREDERICK BROS, No Product Dearth at UA From Now On; 13 Due Shortly, 10 More Set Toledo's Hallowe'en Parties Curb Vandals , 6.. Nov. 2 Toledo theatre managers' report the Hallowe'en .cure for vandalism brought results this year.. Houses offered free admissions if accom- panied by a parent, with the follow- in participating: Lyric, Avalon, Bijou, Mystic,. East wood, Westwdodv and Col o n y — all neighborhood houses: Plan was iiv line wilh the city : s program'of sponsoring various types- of Hallowe'en parlies for youngsters to cut down vandalism. Census Shows 19,232 Peace-Time Actors In U S., With I Working Washington,. Nov. 2. Breakdown of the normal peace- time labor force of the United States shows better than 19.000 actors.and: actresses, about two-thirds of them working, according lo figures re- leased last Friday (29) by the U.'S: Department of Commerce. The analysis, made from the 1940 census, shows occupation as of the week In which the census, was taken, and covers all major lines. Listed for the entire country were 19.232 who described themselves as actors. 11,692 employed, 6,720 ''resting,' and- 820 on Federal work projects. Of the total, 11.611 were men <6,93r Working) and 7,621. were' women, of. Whom 4,761 were employed: Other classifications included: Musicians and music teacher: !j61.- 536, of whom 129,256 were active in. their professions, About' 60"o were men. Dancers, dancing teachers and chorus girls: 13,773, 11.213 of them working. Women predominate by five to one. ! Showmen: 6,773, with 5,333 work- ing. Men were four to one over gals in this'group. Radio and wireless operators: ,- 573, nearly all working, and about 100 to one in favor. of the men.'a ratio which may change consider- ably after (he war. • ' Advertising agents: 35.692. with nearly 34,000 at work, and men lead- ing 10 to one. Officials, owners and managers of theatres. and in the film industry: 26,841. Over 25,000 of them were working, and the rneii lead nearly 25 to one. Officials, owners and managers in. miscellaneous amusement and recre- ation: 44,003, of whom 42,003 were working. Men were 20 to one in this bracket. Motion picture projectionists: 23,- 875, of whom 22,355 were employed. This bracket included 256 women. all: of them at work. Other operatives in amusement, recreation and kindred fields: .7,221, with .6,081 working^ and men about 10 to one. • " ■ Attendants, ' in recreation and amusement jobs: 57,096, ol whom 41,516 were working; 6,604 of the total were women. Ushers: 20,432, wilh 18.152 al work: Back in those days only about one-fifth were w'omen. ' .. Overall totals show 195.409 who listed jobs in theatres and motion pictures as their occupations, and of whom 168,129 were employed. ♦ United Artists has overcome dearth 'of product, which was one of. ihe major problems confronting the dis- trib organization'. during the past year, with 13 films scheduled to be readied during the next six months and around 10 additional pictures virtually set. UA now has four pictures either completed or In final editing stages and four slated to go before the cameras this month and expected to he .completed in January. In addi, lion there are five pictures on which financing, casting and writing ar- rangements have been set. Shooting on these Is expected-.to-..start"shortly after Jan. 1. Of 14 other productions planned, around 10 are expected 4o ^materialize,, giving UA a minimum of 23 pictures. : . ' Among Alms either completed or scheduled for •completion by January are 'Jack London' (Bronston), 'Three Russian Girls' (Rabinoyltch), 'Voice' in the Wind" (Ripley - Monter), 'Knickerbocker Holiday' ^(Brown), 'Since You Went ,Away' (Selznick),; 'It Happened Tomorrow' i Press- burger ). ' ridge of San Luis Rey' (Bogeaus). '. ' Paul N. Lazarus, Jr., UA publicity- advertising chief, returned from the' Coast last Friday (29), is setting ra- dio-newspaper' campaigns for 'Girls,■ 'London,' 'Voice,; 'Bridge' arid 'Holi- i day.' Technicolor May Act On Dividend at Nov. 13 Meet Consideration-again will be given to a common dividend when Techni- color, : Inc!, directors huddle at a scheduled meeting Nov. 13. Aciion on a common stock cash divvy was deferred several months ago when the question came before the di- rectorate, While net piofii of Technicolor has been heavily hit by taxes igross earnings being at. a highly satis- factory rate), improvement, in earn- ings is anticipated this year, as com- pared with, 1942 when net profit de- clined to only 41c per share. Because of this, financial quariers believe some sort of divvy may be paid. The 1942 net per share con- trasted with $1.06 in 1941. Last Technicolor distribution' was in March, 1942, when 25c was paid. It was the only divvy that year. None has been paid in 1943. • Ohio's '43 Entertainment Bill to Hit $70,000,000; Taxes Yield $2,100,000 Columbus, Nov. 2. . Ohioans will pay some $70,000,000 for entertainment during 1943, ac- cording to an estimate by the office of state treasurer Don H. Ebright, based on admission tax. collections. The state has a 3% tax for commer- cial entertainment enterprices of all kinds, including Alms, sporting events and cover, charges in- night, clubs. * State collected $1,661,609 in admis- sion- levies to Oct. 1, ajjd officials estimated the Anal fourth.quarter of 1943 would bring the year's total to some $2,100,000. This would repre- sent an outlay of $70,000,000 in ad- missions, equivalent to $10 lor every man, woman, and child In the state. Tax yielded $1,694,120 in 1940; $1,820,904 in 1641' and $1,939,868 In 1942. Par Holds Back'Creek'; Subs'No Time For Love' Paramount has pulled. 'Morgan's Creek.' comedy, out of its second block for this season (1943-44), with result that picture now will go Into a subsequent group and probably hot be available until February. No reason advanced. '.!' Substituting for 'Creek* in Par's second package for this season will ; be 'No Time for Love,' which has been given a Nov. 23 release dale. This picture has been, held back un- til now so that it wouldn't conflict with 'So Proudly We Hail,'Claudette Colbert starring In both. Chi Exhib Asks AAA For Clearance Slice Chicago, Nov. 2. Complaint has been filed with the Motion Picture Tribunal of the American 'Arbitration. System here by Charles E. Nelson, operator of the Lawndale theatre, against RKO- R.adio Pictures, Inc., 20th Cehlury- Fox Film Corp., Loew's, Inc., Para- mount Pictures, InA, and Vilagraph, Inc. Nelson charges the clearance, granted the Central Park, a Balaban & Katz. house;. 20th Century and Gold theatres, owned by Jack Kirsch, president of- Allied Theatres of Illinois, and the Crawford theatre, operated by the Essaness. circuit is unreasonable and asks reduction of clearance.' DISNEY'S 'SALUDOS' SEQUEL : New Walt Disney fulWengther, Three ; CabaHero's,' followup to 'Saludos Amigos,' slated for distri- bution around April, 1944. Film is using sequences in Brazil. Mexico, Argentina and Central Americai with shooting now taking place. WAR ACTIVITIES (On Page 14)