Variety (Nov 1944)

Wednesday, November 1, 1944 PICTURES Fanchon & Marco Files $285,000 Damage Suit Against Indies, AAA St. Louis, Oct. 31. Squabbles .with the AAA, five major flicker distribs and indie nicker house exhibs extending over a period of several months reached the boiling point last week when the Fanchon & Marco Service Corp., its officers and -31 theatres the corporation operates under con- tract with the StrLouis Amusement Co., filed a $285,000 damage suit against two indie flicker house own- ers, a corporation controlling one, officers of the local AAA and the five major distribs. Charges of re- straint of trade against the distribs, and lack of jurisdiction of AAA are made in a lengthy petition. The trouble started when the; Apollo, Theatre Corp., owner of a 'small west' end nabe through its pier, Joseph Litvag, obtained a rul- ing from Harry G. Erbs, arbitrator of the local AAA, whereby the clearance of flickers for the Apollo from St. Louis Amuse. Co. was cut to seven days. The other pending case is that of Adolph Rosecan, owner- operator of •' the':' Princess, a. South .St. Louis nabe, who seeks a reduc- tion: of clearance of flickers from those of the St. Louis Amus. Co The, plaintiffs are the Amuse- ment Co., F&M, Eden Theatre Co., operator of the 5,000 sealer Fox, the Missouri Theatre Corp., which op- erates the v Misspui:i in midtown,. and James H. Arthur, David G. Arthur, ; Edward -" B. Arthur, Thomas G. Arthur. Harry C. Arthur III and Edward r L. -Murphy' U. S. Rests in Schine Case Buffalo, Oct. 31. Government in Schine anti-trust suit finished its case the end of tht week as far as testimony of prosecu- tion witnesses was concerned. Week- end was largely occupied by intro- duction into evidence of documents which number well over a thousand. • It is understood that the defense will commence its case next week, with J. Meyer Schine, president of Schine Theatres, Inc., taking the stand as the first witness. "■';.- Lasky Out As WB Producer partners - in the operation of the Shubert,. also in midtown. The de- fendants, are Paramount, RKO, 20tli- j F(i.i<, Warners! Harold D. Connor, eieik of the- AAA, Harry G Erbs, \ arbitrator , for. the AAA, Apollo Theatre Corp. and its pic/, and prin- cipal owner,, Joseph ; Litvag, arid Atlolph Rosecan. Five of the Arthur brothers, James, David, flarry C III, Edward Hollywood, Oct. 31. Jesse L. Lasky, staff producer: at Warners.for three, years, checked off. the; lot and will vacation at Palin Springs ' for several weeks before announcing a new connection, About four years ago Lasky moved into, the Burbank studio to produce "Sergeant York" under a special fi- nancing-, deal. Later; as a regular staff producer, he made "The Adven- tures of Mark Twain" and recently, finished, "Rhapsody in Blue." On his slate was "The Two Mrs. Carrolls," Which will be turned over to another who are co-j producer. - .; Schreiber Joins Condon Ed Schreiber, War Activities Com- mittee p.a,, has joined the Dick Con- don agency to handle motion picture accounts,:,. Schreiber was with Warners be- fore going to the WAC. Dorothy Blaine has closed her publicity office in Chicago to join Condon also, Schreiber leaves WAC Dec. 1 successor yet selected. -■■: RKO Managers' Unionization in N.Y. Expected to Cue Others Nationally •No-, M-G Home From the Wars -'■'." Hollywood, Oct. 31. Home front is the scene of seven pictures currently, in work at Metro, indicating a trend away from over- seas themes. Backgrounded 'in the U.S.A! are "Weekend at the Waldorf," "The Clock," "The Valley b( Decision," Arrily," "Without Love" and Vines Have Tender Grapes.' 'Wilsons'$1,175,000 In Limited Number Of N.Y. Dates; RKO's205G A. total of approximately $1,175,000 iri gross has so far been established on a limited number of dates in NY. . theatres by "Wilson," this including and James, are in the aimed ser-, $ 2 05.000 "grossed on a three-day play vices and are involved as defend- in . 41 RKO a nd a few affiliated ants i.ii the pendin brought by Rosecan. . A charge is made in the petition that under the Si Idlers' and Sailors' Civil Relief ' Act they arc entitled to have any court action . held' in abeyance, un- :til their discharge frorfi the- service and. this further involves the pro- ceedings^ ,■ :.• '■: . . .'.•.■.■:'■■,'■,.' Russell Hardy, former U, S. Atty. Gen. who prosecuted the major distribs and, their officers on anti- trust charges here several years ago, is representing the plaintiffs. TINTED FILM HYPOED 14-FOLD IN 10 YEARS Holly wool, Oct. 31, - Output ,of tinted footage at the Technicolor plant has leaped from 9.000,000 feet in 1933, the first year of three-color processing, to 125.000,- 000 in 1943. almost a 14-fold increase in 10 years. First producer to use the three- color film was Walt Disney, in a . "Silly Symphony", as an experiment late in 1932. Next year he signed a contract with Technicolor and has been using it ever since. Selznick to Film Henry James Novel Hollywood, Oct. 31. j David. O. Selznick acquired screen | rights to "The Wings of the Dove," the first H c,lr y James novel pur- chased for filming. Picture, dealing with social life at the turn of the century, will follow "Bernhardt'' in the Selznick produc- •'tion schedule.. .', - .-,: ':;' :.■■•.:■ Takes Lady for a Ride . - "■ Hollywood, Oct. 31 Charles David drew a new asso- ciate .producer-director contract at Universal and was assigned to a One-way chore as pilot of "Lady On a Train:" ■- .-.;;>. ' ■ Picture goes into work in 10 days, with Felix Jackson producing'., - ■'■• arbitration I S1 . ()liras thea t res Monday-Tuesday- Wednesday (23-24-25). ;. • This is the second highest total ever registered by the RKO circuit, having been exceeded last summer ofiiy bv "Bernadette," which played the same 41 Greater N. Y. RKO houses on July 3-4-5. While "Ber- nadette" brought in gross receipts of $285,000, comparison of $205,000 for "Wilson" is important in that the latter on the short-half of the week (same days) not only played at a time when election fever is hot and theatre business is ordinarily af- fected, but "Bernadette" included the Fourth of July. In addition, "Ber iiadette" got the benefit of Monday (July 3) when schools were out and many got a four-day holiday week 'end. ■■'/■' "Wilson," which played the Roxy, N Y., eight weeks, grossed $862,000 n'et .at that house. It went into the little Victoria, N. Y., on moveover from the Roxy . and on the first five weeks there has accounted for $68, 000. On the same date that it went into the Victoria, picture was spotted by RKO in its Orpheum, Brooklyn, which plays behind other RKO houses in that area. On 33 days at the Orpheum, Brooklyn, the gross was $51,500, whereas the house aver age there is $5,000. Playing the Roxy and Victoria at advanced admissions of 76c and $1.50, the other houses (including RKO's group at 76c-$1.10), at percentage 'terjris of 60-40 and guarantee of 15% ■profit, to the theatre, 20th-Fdx has so far gleaned a terrific slice in rentals For the Roxy : engagement alone the rental back to 20th exceeded $300,000, highest the theatre has ever paid on any picture.:. ■':.- ■ An idea of what the $205,000 for. the .41.. Greater N. Y. theatres rueah's may be gleaned from -the fact that the tops for big . pictures l:i these houses run around $190,000. Twentieth's: own. "Coney Island," very: heavy grosser throughout the country, grossed a reported $185,000. Distribs Stand Pat on Decree 1 ■' .- . • ; ...... , • '' - Pointing but that f he distributors gave the Dept. of Justice every- thing they could in hopes of getting a new decree but are determined "to defend ourselves against any kind (*t Government attack," a high execu- tive of one of the companies makes it clear that from here on in it's a battle through'-..the court's. There is no intention to have any further talks with Robert L., Wright;, as-, sistant attorney general, over the decree, it is added. This would in- dicate that reports of any compro- mise are, at best, a remote possi- bility. v\- v ;■ ,:.:■■'-. \ In this connection* it is stressed that if the D. of J thinks it might get the distributors to grant new con- cessions, it is mistaken. Speaking of lengthy efforts on the part of the consenting companies to get a new decree, supplanting the old one which expired Nov. 20 last, it was J . pointed that "We went along iri good 1 Por I 11606 1 «f Rminfl faith and. we believe, very liberally 1 Al 1M IXOUIIU but didn't even get credit for try/. ing." In all distribution companies the sudden filing of the Government application for a new decree came as considerable of a shock in view of the concession the distribs were willing to make. Should the Government be suc- cessful in obtaining a new consent decree, based upon demands made in its application, distribs would be empowered to sell one picture or one group of pictures, with a deal to cover in each case, not con- ditioned upon another deaL- , While this would mean, contrary to doubts in the minds of many ex- hibitors, that a distributor could of- fer, say, a block of five at one time, the danger of buyer kickbacks and complaints subjecting a company to possible contempt of court, would impel the seller to take no chances by offering only, one picture at a time, it is predicted. There is no indication as yet when ♦ - . Unionization of RKO managerial help in the Greater N. Y. theatres ot the circuit is expected, on inside, to spur efforts for the organization ot similar 1 help not only in the N. Y.: area but elsewhere throughout the country There is definite expecta- tion in this direction in operating! circles.: : ' '.'•,.".-■ .-'•"•."•■:''■.■ ---.'' '- Iii fact, at an RKO nTeeting called Hold High the Torch.; "Woman s I by N Peter Rathvoh, it was pre Taxitis on Coast Alarms Exhibs Los Angeles. Oct. 31. Growing tendency of California towns to inflict tax bites on all forms O'f amusement is causing alarm among major and independent film exhibitors. Newest bpxoffice threat is a 5c tax, the highest yet, devised by the lawmakers of Santa Barbara. San Bernardino has a three-cent tax proposal on the ballot, lor Nov. 7, and other municipalities are threat- ening similar bites. Exhibitors declare they are al- ready carrying heavier tax burdens than any other business and protest that' the proposed admission levies are discriminatory. In Stock Suit Against J. H. Cooper Outfis Paramount lost its first round in the suit brought sometime ago against J. H. Cooper, one of its part- ners, and three Colorado corpora- tions controlled by Cooper, when on Friday (27) Judge Simon H. Rifkind, in Federal Court, N. Y., removed the three western companies as defend- ants. Except for a possible appeal, only course now open to Par is to proceed against Cooper personally. Par has another suit against Cooper and corporations in the Nebraska Par-Cooper setup. The/three Colorado corporations in which Par sought access to various stock interests, claiming Cooper had violated a contract drawn in 1932, are Rialto; Inc.; Interstate Theatres Inc. -and J. H. Cooper Enterprises. Inc. Claiming that theatres of these corporations, acquired some years a hearing on the application of- the I ago, were put in Cooper's name, Par D. J. for a new decree will be held before Federal. Judge Henry W. Goddard in N. Y. LEVINS0N, MARTIN VICE HAZEN, BAREF0RD AT WB Howard Levinson, Warner attor- ney at the homeoffice in charge of distribution matters, and T. 'j. Mar- tin, general auditor of the company, have been elected by the board of directors of Warner Bros. Distribut- ing Corp.. WB subsidiary on sales formerly known as Vitagraph.Ine. They fill posts on the subs id's board left vacant by the recent re- signation of Joseph H. Hazen, former WB v.p., and Harold S. Bareford. at- torney who is on leave of absence with the U. S. Army on special as- signment In Washington.-. ■ V .' V. : -'■'. sought right to ownership of 50% of the "B" stock in Rialto and Cooper Enterprises, and 25% of the "A" stock in Interstate. Par also asked for an order restraining Cooper from as- signing the stock to anyone but Par. Decision handed down Friday (27) was based upon a recent report of Francis W. H. Adams, special master sitting in Federal court, who recom- mended dismissal of the Par action against the three Colorado companies under control of Cooper ort the ground they do not do business in N Y. state. Around a dozen theatres are involved. Dave Loew's Son to Wed Hollywood. Oct. 31. The David Loews have left for ■Denver for the wedding of their son. Marcus 2d. to Ethel Snyder. .'-' ■'-'. ' '. Groom-to-be . is private at Army, airfield there.. . IT'S A DOG'S LIFE Hollywood, Oct. 31. -Services of Metro's canine star,. "Lassie." are so much in demand that work on "Son of Lassie" has been shut down to await the four- legyedthesp's return frorn Washing- ton; where he is on location with "Hold High : the Torch:" When he returns to Hollywood, Li^.Vie.- v.-ill bicycle between the two pictures. ' .'T; ■ • Rogers Building New Stock Co. of Players ■ -Hollywood, Oct. 31. | Charles R. . Rogers is lining ;u.p ; , a i contract list of 10 players to appear; m his .future productions for United j Artists release. On the roster thus far are Lee Sullivan, Constance Moore, .Bill 'Christy ,: and. Morton,' Gould, ork leader and compo'cr. Meanwhile, the prodticci's N. Y. j rep., Budd Rogers., is looking...overs the Broadway talent field for pros-i pective contractces. •: | AGNEW'S SELZNICK CONFAB ' Neil Agnev.:. Vanguard Film.- v \t'. left New York, for the Cons', !.;•>:; Monday' (.30).,' ■ \ . He will confer with Davi'i O. Se'./.- nick on d: trmution plans. Montgomery, Cagney To Advise Actors Guild Hollywood, Oct. 31. ' Screen Actors Guild has set up a hew advisory committee, composed of all,its former presidents, to hud- dle with George Murphy, current prexy: on important problems, 'Thus far, Robert Montgomery, re- , cently discharged : from,' the Navy, [and James Cagney, recently retired president, have accepted posts on the (o'lMfiiUee. No Lilt for Lord Hollywood. Ot, 31. Columbia assigned Del Lord to direct its sea-going tale, "Men of the ne.np.-' ,-:-•: . : : , , : It will be the first non-musical feature Lord has ever directed Scribe Sues for 10OG Los Angles, Oct. 31 - William Rankin. - screen; writer, (Vied suit against his former wife, Eleanor Griffin, declaring she. sold •several of his s'.ories while' lie vyas in the Marine Curps. ' H (10:0110. - dieted by a manager supporting the administration's efforts to lick unionization, that if this was suc- cessful is could be expected to spread throughout the nation. Other circuits in the Greater N. Y. zone are reported to be frankly Wor- ried over the prospects thai' their managers would follow the suit ot RKO, if not immedntcely then as. soon as the RKO union won a con- tract. That it will obtain one; after, certification by the State Labor Re- , latidns Board, is inevitable though problematical as to how long it will take to hurdle resistance to negotia- tions. In at least one. N. Y. circuit, : an independent of greiit strength, various efforts have been made to nip in the bud a union or guild of its managerial employees and one man- V ager who has been active in orKan- izihg his co-workers, is said to have lost his job for that reason. Not only are various managers of other circuits interested in organiza- tion and protection . through a: union contract but leaders among them have actually been in touch with RKO through la! tars. labor pains. There is a possibility that at some future date there might be a coali- tion of managerial unions not only for the immediate metropolitan' N. Y. region but over the Country.: This, of course, would depend to a great extent on affiliations. The RKO union, known as the Motion Picture Thealre Operating Managers & Assistants Guild, has made no affiliation as yet but is ex- , pected to apply for a direct charter- from the AFC. This is also the likely course of a managerial, union for all Chicago theatres, spearheaded by Eugene J. Atkinson, business manager of the Motion Picture Ma- chine Operators Union of Chicago, Local 110. since it appears dubious whether the IATSE. of which he's a . member, will grant a charter to cover managers. He has sought to obtain one. however. If is Atkin- son's aim to first organize the Chi- cago managers, majority of whom are said to be pledged to him for a union, and then seek to unionize managers elsewhere so that a na- tional organization of great strength could be set up. Atkinson has been (Continued on page 18) 7i% WAGE TILT TO DET. STAGEHANDS Detroit.' Oct. 31. An increase of $6 per week per man to stagehands in the local iihn houses came as a surprise last week from the Regional War Labor Board. The increase, on a retroactive basis to last Jan. 1, means $250 back pay per man and, for the future, repre- sents an increase of 1Vi% in salaries for International Alliance;of Theat- rical Stage Employees lia-al. . In granting close' to the 10";, asked by the union, the Regional Board "aye an upset to the inside -dopesters who figured that no raise was due since the panel hearing the case turned, in a majority report—-from public and industry members-—denying the in- . crease. However, a detailed report by George Clancy, secretary-of the musicians' union on behalf of the labor members of the panel won the approval of the regional board. . The award was made effective in the United Detroit, Wisrier & Wets- man circuits, the Fox.' Paradise. Hoi-... lywood, RKO Uptown—in fact.-prac- tically eyery pic house in, Detroit large enough to employ stagehands.- The local now is, seeking increases, before the Labor Board in other stagehand departments. For gaffers working in the industrial film stu- dios, based on the Jam Handy okay for WLB approval; an increase from $1.75 to $2 an hour is being sought -with two weeks' vacation pay for all men steadily employed, - ; In the legitimate houses, the .union is seeking to raise,department .hcadt S2.-50 per week' and all, extra me 1 , snlaries 25(vfoe each, shov.'