Variety (Jul 1944)

Wednesday, July 12, 1914 PICTURES 11 Metro Seeks to Help Subsequents Balked by Long 1st Runs—Rodgers Analyzing.all its accounts Individ- 4 ually to determine whether terms should remain static, be raised or decreased, Metro is meantime seek- irig.-to work out some kind of plan which will meet the problems faced by many subsequent-run houses in the larger cities. William F. Rodgers, y.p. in charge of sales for* the com-. . pany, stated at'a tradepress luncheon last Thursday (6) that an attempt will be made to correct the situation as affecting sub-runs in keys, where pictures. are being: held over for a long time in the first-run theatres. He doesn't know yet what shape the plan will take.. , ' ; . ; Subsequent-run . operators have long complained that extended runs are milking the pictures as well as making them old by the time they are' available after varying clear- ance periods. Rodgers pointed to the campaign Metro put On some months ago de- signed to aid any smalltown opera- tors who . were hard hit by the war and local conditions. Company ap- propriated $125,000 for use in help- ing the little fellow who needed, it. Found, however, that there was not so much need for help in the little towns, as had been supposed, and some exhibs, who had been reported by branch offices to be in desperate shape, informed Metro that ttieir ; piiglVt wasn't quite that bad. .1.00% Representation ; ' ',. . Overwhelmed .because; Metro re- ceived 100% .'• representation' on screens, of over 16.000 theatres dur- ing company's 20th anniversary week.' including .theatres-''Metro- had , never; been able to sell. Rodgers de- clured he is going-to try to sell these accounts something bearing the. Me- tro, label, even if it'sjCtst a subject iioiv end then. Noting that "we don't want to be strangers," the | Metro sales chieftain is augmenting | the department headed by JH. M. Riehcy. exhibitor relations director for the company, so that closer and more complete contact may be main- EDDIE JOSEPH CAUSES TEXAS CLEARANCE JAM Austin, July 11. Eddie Joseph has returned here from Dallas where he walked out on his own arbitration case which was. being heard; This is the, first known" time that a (puddle has been caused in the arbitration' dealings under the consent decree. Joseph reportedly walked out 10 minutes after the hearing was called to order. He had asked for clearance for his Yank and.his two Drive-In .Theatres. The other local houses are operated by Interstate Circuit and two. inde- pendents. R. S. Pryor and Elmo Heg- rasn. Latter two were intervenors. . Thomas E Jackson was appointed as arbitrator and a hearing date set. Jackson soon- withdrew and Louis B. Lefkowitz was named to handle the hearing. A few hours before the hearing Joseph asserted that, he had information which he.claimed would disqualify Lefkowitz as an arbitrator. Joseph voiced the objection that Lef- kowitz was a brother-in-law of Fred Florence of Dallas, president of the Republic National Bank and a business associate of Karl Hoblitzelle piez of Interstate. He also objected to the fact that, he would not have gotten a fair hearing in view of the presence of two high-priced lawyers as well as Hoblilzelle and other key Interstate men at the . hearing in Dallas.;'; /..v.;' : Case was dismissed against Joseph but court costs were assessed'on him. Par Editors Hustling Holly wood, July 11..' . . Cutting staff at Paramount is at its busiest, using the shears oh 12 features,-two Technicolor shorts and two Army training films. Features include "Bring On the Girls," . "Incendiary Blonde," ''Prac- tically Yours." "Murder, He Says," "Kitty," "Two Years ' Before the Mast," "Here Come the WAVES," "The Road to Utopia;" "Out of This World," "A Medal for Benny," "And Now Tomorrow " and. "Her Heart In Her Throat." ■-.,.;• ■, '..'■"-' tained Metro has ,no specific, number of pictures in mind for the coming ■ 11944-45) season but will release product as fast as completed and tradeshowings can be held. At pres- ent selling, a block of only two pic- tures, all that was recently available, following prior blocks of five. 12 and 12. the deliveries this season (1943- 44) appear to be 32. this including "White Cliffs of Dover" which has just gone on sale under a separate deal, and "Dragon Seed" which will be available similarly this year. Prints on "Seed" are being shipped, this week and tradeshowings nation- ally will be held July 20-21-28. ■ Like "Cliffs,"; this one will be sold at regular admissions. "An American Romance." now ready, will be de- layed, for release ufttil October to permit extensive promotional plans on it meantime, Rodgers stated. Several By Sept. 1 Metro's sales manager believes that he may have-several pictures ready by Sept. 1 or. sometime during the month but does not as yet know what the leadoff block will be. "Seventh Cross," "Barbary Coast Gent." "Lost in a Harem" and "Mrs. Paikington" are likely early-season availabilities, while later on there '. will be "Kismet," "Marriage Is a Private ^Affair." S'Mais'ie Goes to Reno". ayA ";;t""' J\a -.o. ■; St'., Louis Patent Owner Loses Suit Vs. Film Firms Ruling that Columbia Pictures, RKO Pictures. Big U Film Exchange, Universal Film Exchange and others did not Infringe on certain patents, N. Y., Federal Judge John Bright last Wee1s~nT'i' Tirsnrissed -sai'r- bronghtr-bj-—fa-i-led David E. Schayer. owner of the pat- ents. Involved in the action were film splicers and rewinding machines, which trie film defendants had leased from the. original patent owner, the Film Automat-ie Machine Corp., in 19:17. ;' y c '.,.; '/.',,. ;•/ Schayer had claimed that as owner of '.patents, purchased oh a foreclos- ure sale, in 1940, he was entitled to the assess and leases of the machines which 'the.defendants'were.using and operating, atjd that use by the com- panies was an infringement of> the patent rights. : :•-'.. In-dismissing the suit, Judge Bright ruled that Schayer is; only entitled to,the patents as of the date of fore- closure sale. The assets of the corp., which we're'.being administered by.a receiver, we're not included in the sale of the patents.' U. S. to Intervene In Goldman Vs. WB Philadelphia. July 11, The Government yesterday (Mon.) stepped into the William; Goldman case. ;.''•;.'••'■!'"' '• ' ■■ Through the Department of Jus- tice, the Government asked the U. S. Circuit Court of Appeals for permis- sion to intervene as a "friend of the court" in the $1,350,000 damage suit filed by Goldman,- -Philly indie,-! against Warner. Bros, and the major distribs. The Government claimed that the principle of anti-trust law- enforcement was involved. Goldman, operator of a string of theatres here and upstate, is appeal- ing" from the decision of' Federal Judge William A.- Kirkpatrick who dismissed the suit last April 8. Goldman had claimed that the de- fendants had -violated , the Sherman anti-trust act in'refusing 'to."supply him with product for the Erlanger, midtowri theatre, which Goldman has under lease. Their refusal. Gold- man . charged, was' the result of a conspiracy and caused him to suffer damages amounting to $450,000. He | asked triple damages, allowed under | the anti-trust laws, and an injunc- tion asking his house to be placed on equal basis as Warner first-run the- atres.;. -.rfV.;. ' : ■'■'",v;..^ «">'•';'■' Judge Kirkpatrick ruled, in dis- missing the .suit." that Goldman had to . show tha-t—thete-r-was-a ivy_ resiraint of interstate, commerce or. any heed for more first run theatres in Philly. He conceded that- Warners held a "commanding position" in the Duties of Metros McLeod, Victim Of Train Wreck Jay Be Divided Up CIRCUS DISASTER CUES THEATRE FIRE DRILLS - > Ottawa. July 11. Circus disaster at Hartford had im- mediate reaction in Canada when Motion Picture Theatres Association decided on upped .attention to fire drills for staffs and flje. precautions in houses. MPT meetings were called in all cities and managers agreed to stiffen staff drills and enlisted coop- eration of fire departments in check- ing safety equipment. Similar reaction followed Boston niteiy blaze but precautions dropped back to routine after a few months. "L. A. Plans New Circus Laws V Los Angeles, July 11. New fire regulations covering outdoor attractions are contemplated here as a result of the burning o£ the Ringliiig Bros, circus tent in j Hartford. 1 ' .. ; ';. ;\ : City council. ordered the Public ! Safety Committee to study and re- - vise the present fire laws. ;•'•."': ..'', j $50.0110 Chi House Fire 1 Chicago, July 11. } Flames swept the Apollo here early this (Tues,) morning shortly after all .patrons had left- the Bala- b.an &; Katz Loop house. Fire was discovered in the dome of the house, high above the 'theatre seats, by a maintenance crew just afte.r closing around 12:30 a.m., but before it could be gotten to flames had burst through the roof. Fire is said to have been started by crossed wires in an 18- foot air space between the ceiling and the roof of the dome. Damages are estimated at $50,000. Water damage to sound and projec- tion equipment, rugs and furnishings , will necessitate the closing of the j house for repairs. WB's Custard Pie Revival Hollywood. July 11.. Stapf.tick : antics ; performed by 'Mack Seunett's merry troupers in silent days are being revived by Gordon Hollingshead at Warners in , a series of shorts with modern sound effects: such as the splashing I.of- custard pies., I ,Reijdy for release is ''Once Over , .. . i.ieh'tlv and others will be mide at ^4^^*far J ' UiW i mm m. ********** Rodgers said he would | bought the material from Seiinett years ago, ; ' -.': ;-;"•' exhibition of first run films here, but declared that any monopoly — if it exists —was purely "local" and had no effect on interstate commerce. . It is understood that the Govern- in en I position in the Goldman case will be the same as the consent de- cree case pending in New York against Paramount and the other majors. ; ■* . . . ';. ; -,'.''-."".;*■':.., -'. .'.'..";. "The.outcome of the Goldman case will have an important effect on en- forcement of the Sherman act." said Wendell Burge. assistant to the U. S. Attorney General, in announcing the Government's intention to intervene. Defendants in the Goldman case' are Warner. . Bros. Pictures, Vita- graph.' Stanley Co. of America. Warner Bros. Theatre Management. Loew's. Paramount. RKO. 20th-Fox. Columbia.. Universal Corp.. Univer- sal Film Exchanges and United Artists. ;; • -. '": ■'' .' Robinson Fic.to ^Follow Cooper's Int'l Release Wilh its initial production "Casa- nova Brown" (Gary Cooper) set for an Aug. 1 national release date and a-N Y. preem at Radio City Music Hall early in September,--following Metro's "Dragon, seed," Interna- tional Pictures this week announced that the Edward G. Robinson starrer. "Woman in the Window," would be the second release by the company through RKO.: probably in late Sep- tember or early October. . "Belle of the Yukon," starring Gypsy Rose Lee, which originally was to be the second production from International, will be held up until November for RKO distribution... to. be followed by the Sonja Henie film, "If's a Pleasure," slated to go into production next Saturday (15).! indefinite. like to get back to packages of 12 because it is more convenient to sell and buy that;way. Though it was recently -reported "American Ro- mance" would be roadshpwm with such plans' understood to have been discussed. Metro's sales head said that roadshqwing is not needed, in his opinion, to emphasize importance of this or other pictures. He is also opposed to. advanced admission scales. '. / Metro is continuing to self under the sliding-scale formula but while pictures are designated after being contracted for, the films: can- be priced when they become available. Rodgers reminded that even if in some cases pictures are designated at prices which it'is known will result ■n loss against negative and sales costs, this is done because the alloca- }'on is in accordance with the value or the picture to the theatre con- tracting for it. Metro is continuing voluntary cancellation privileges and ! nounted this sees no problem in this connection. > "Take II" i Tied in With Decree ■ . . Washington. July 11. : Interest of the Justice Dept. in the suit brought in Philadelphia by Wil- liam Goldman Theatres,; Inc.. against Warner Bros, and 10 other produc- ing companies is directly , tied in . with the Big, Five motion picture if Goldman loses his case, which he has appealed from an adverse de- cision.iii the U; S. District Court, the Justice Dept. "will face a tougher job in the consent decree case, since the issue of picture release dates to in- dies is vital in both matters. If; on the other hand, Goldman wins, it Will make the Government's 1 job easier in the event it goes to court in the Big Five case, The Jus- tice Dept. will know in a day or two No Arms for WB Shorts ■ Hollywood. July 11. Peace' is the watchword for War- ners', shorts program for 1944-45. with all reference to war eliminated from 98. briefies and cartoons. War subjects were prominent in last year's schedule but Jack L. Warner decided no! to compete with' the War Activities shorts, which carry j whether the Third Circuit Court ap official information. Olcott Pics Theft Suit " Hollywood, July 11. Plagiarism suit against Charles R. Rogers and Joseph Tushinsky is be- ing transferred from New York to California ,by Ted Wilde, following his arrival here. Wilde charges pro- ducer and writer with taking his story; "My Wild, Irish Rose." and seeks 50">. of Tushinsky's gross in connection with film which amounts in salary. Yarn is based on life of Chauncey Olcott! J bul is not yet filmed. New program will be devoted to musicals, comedies, novelties and other light subjects 20TH'S AUGUST DUO 'Take It Or Leave It" and "Wing a Prayer" are the two 20th-Fox re- leases set for August, William J. Kuiipei. general sales manager, an- week. ' '" ■ ■ "' < ft ... x---«.^..i m nus tuimcuiun. , mu- M the musical based oh «oclgei-s commented. The company's ! the radio quiz show, starring Phil accounts, under its own plan.' have-' Baker. ""Wing" is the Jerome Cady, cancelled only where they had good [ storv based on ' Slmy of Carrier X," with Don Ameche starred, , proves its request to intervene and file a brief in the Goldman matter, Consent is expected to be given. Justice Dept. people here feel the lower court ruling can and will be reversed. \ ••■...'.'■ reasons. Rep's Permanent Show Set Hollywood, July 11. Republic is building a permanent theatre set on one of the two new sound stages now under construction on the lot. .-'■'. ' - New set will be required by the heavy list of filmusicals 1 on the pro- duction program, Bogeaus Lot Booked Solid Hollywood. July 11. General Service studios will be filled to capacity for the next 18 months,' according to Benedict Bogeaus. owner of the lot, with four high-budget pictures currently in work and.commitments signed.for 13 more. Before: the cameras are "Dark Waters." a Bogeaus production, Bing Crosby's "The Great. John L.." Hunt .Stromberg's "Guest in the . House," and Lesier Cowan's "Tomorrow the World." ' : . -.;-,.'.':, : :": ; ; ■:. The job of supervising exchanga -';•; operations in Metro remains open following last week's death of Jack - S. McLeod, killed in the wreck of the Santa Fe's crack train,- the Chief, early on Tuesday (4). The work, embodying branch personnel, : -- labor matters, maintenance, etc, probably will be split up among members o£ the Metro homeoffiee \ distribution department for the time being at least. Alan F. Cummings, who formerly, divided the exchange operations v ; duties with McLeod, and has been on the sick list for' more than three, months, volunteered to come . back . : ; j; but wafs told to take car*; of his health instead. Since Cummings fell ill. McLeod had been carrying the entire load, for Metro. . .' ;■ But for the volume of work on McLcod's shoulders, Which had de- layed his trip to: the Coast, he would no doubt be alive today. He had •. , planned„going West when William F. '■'• Rodgers, v.p. over sales, made the trip several weeks ago but couldn't "get away. Then, subsequently, he , ' had adyised Mrs. McLeod on the ; ; Coast that he would arrive on a given date, only hours later having to cancel those plans. As a result, he pulled out of N. Y., ' July 1, and arrived in Cliicago the. next day without a reservation but >• was. unfortunate enough through; . . .' Metro's Chicago office to get, one : . that day. on the train which killed him. McLeod was making the trip west not only on business for Metro . . relating to Coast exchanges but also to meet Myda, his wife, in Los An- » geles. Mrs. McLeod had been in - San Francisco, her home town, with a sort by.a former marriage who as result ofVa'- infection had lost one eye and, it was feared.would lose, the other. They lived at the May- flower hotel in N. Y. " Four Killed M cLeod was among four, a fire-' . : . man and three passengers, wno per~ T -- ished in the train wreck 18 miles from Williams, : ,. .<;■:.'-' -. Born in Scotland and 59 years of age. McLeod at one time worked for the Illinois Central R.R., was a salesman: for an office supply com- :'pany. and entered :he film business . in 1915 as assistant auditor for the Sawyer Film Co. Less than a year later he joined the old Metro com- pany in the auditing department uti- : : der Charles K. Stern, now assistant treasurer of Loew's. In 1929 he was v appointed head • of film and '..ex- .'•- change maintenance for Mel iq. sub- sequently taking on added duties . wjtivCummings in operation of the ': • company's exchanges. Not only did McLeod establish exceptionally .., -.'. favorable labor relations for Metro and the industry, but was very , widely liked and respected with • Metro executives frankly admitting they are at a loss to replace him. In addition to his widow, deceased is survived by a son, Donald S.. who Is office manager for Metro in-In-; dianapolisr two brothers, David R, and Ross P., the la'.ter in charge of the. company's warehouse in N. Y.; a sister, Mrs. W. Thuman of ' the Bronx; two grandchildren. Betty Lee and John S. II; and four nephews and one niece. . " Funeral services were hold ; yes- terday afternoon (Tuerday i - f at with, inierment in the tanniy plot in - Scarsdale. N. Y. "'. ,..'.-': -Among those injured in the train wrecu and previously reported by .; .,;' "Variety" was M'mi i^orsylhe screen ','-.•: actress appearing in "Sensations of . ; 1945," and in private life is the wife .,'-, ; : of Benedict Bogeaus, United Artists producer. She suffered a fractured wrist and body injuries. • ■ : HEDY'S DATED DUDS ,; Hollywood, July 11. Hedy Lamarr goes in for period costumes-lor: the first time at RKO in "Experiinent Perilous," starting this week, .. ''.' Jacques Tourneur directs, with Paid Lukas 'and- George Brent shar- ing top male roles. .. 3d and Final Columbia Sales Powwow in Frisco Homeoffiee .executives of Columbia Pictures left N. Y. over the weekend to attend the third and final sales meeting scheduled to open -today (Tues.) in San Francisco. This sales confab, at the St. Fruncis hotel. July 11-13, will cover Denver. Los An- geles, Salt Lake City, Seattle. Port- landt and Frisco exchanges; District managers/ branch managers and salesmen from these territories will attend.: ':-.-■'.."'.'••!'••'■' Group from N. Y. going to th« convention was headed by Jack Cohn, A. Montague, Rube Jackter, Joseph A. McConville and Joe Fried- man, •'..' ',-■■■'