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Wednesday, April 4, 1945 PICTURES ODIUM'S RKO STUDIO POWWOW Nick Schenck May Step Into Pars Stalled Deal for Loew's N. Y. Houses Unless Nicholas M. Schenck, pres-* ldeiit ol Loew's, steps into the pic- ture with a view to composing dif- ferences believed likely, any further negotiations with Paramount to cover 20 of its pictures in the Greater N. Y. Loew theatres will be held up until C. C. Moskowltz, v.p. In charge of N. Y. operations for Loew's, returns, to New York. He left for Miami,.Friday (30), follow- ing added conferences with Pa'r sales officials last week; While some headway had previously been made, no additional progress was reported during the past week. Since the negotiations with Par in- volve a majority of its product so far available this season, and an estimated more than $2;000,000 in rentals, it is likely that Schenck at this time will take the matter i» his own hands or ultimately seek a settlement in the event Moskowitz is unable to reach a deal suitable to both, companies oh his return from Florida. It wouldn't be the first time that Schenck has settled prpd- ' uct deals. Some years ago when' Par was selling en bloc--and had trouble. Schenck himself stepped in and compromised differences. An interesting sidelight in con nection with Par product that has become stymied in the N. Y. area through difficulties with Loew's is that the latter, from accounts, is having trouble in filling shorts re quiremcnts through not getting the briefles. from Par. However, this element is of- minor Importance so far as influencing a deal is con cerned. Depinet's Ariz. Rest Hollywood, April 3. Ned Depinet »now recuperating from heart attack in Phoenix. RKO distribution prexy left Cedars of Lebanon Hospital 10 days ago, where he was under treatment. ;■ Grad Sears still in N. Y! Hosp. re- cuperating from heart attack. -. MCA EXEC POWWOW ON HAYWARD AGCY. MERGER Jules C. Stein, prez of Music Corp of America, has summoned his branch execs to the Coast for a pow- wow attendant to the takeover of the Leland Hayward agency. Charlie Miller and Sonny Werblin left from New York over the weekend, pick- ing up Maurie Lipsey and . others en route. Hayward's offices east and west embrace some 50 people, which man power must be absorbed, along with the impressive roster of talent han died by Hayward such as his wife (Margaret Sullavah), Hepburn Stewart, Gable, et al. Hayward would become an execu tive veepee of MCA and Nat Deve rich probably treasurer in the mer- ger. lam Eric Johnston's Talk Will H. Hays, head of Motion Pic ture Producers & Distributors Assn. again pointed up Eric Johnston, head of the U. S. Chamber of Commerce, last week by issuing an official com ment on the statement by Johnston William Green and Philip Murray relative to management-labor post- war cooperation. Johnston is sched- lued to join MPPDA in the near fu ture in an executive capacity, with his duties likely to be evenly split between N. Y. and Washington Hays comment was: "This is, indeed, a long step in the right direction toward that peace at home so necessary for the mainte nance-of world peace. World peace for which we are so earnestly striv- ing grows from united effort and understanding and has its roots in the communities. There can be no lasting peace in the community un- less neighbors live and act as friends Nor can there be any unsolvable problems around a table where each is willing to recognize the funda mental American principle that the rights of men are equally sacred and sacredly equal." • Trans-lux's 189G Net Trans-Lux Corp. (newsreell net Profits for 1944 totalled $199,104, compared to $140,514 In 1943. • Showing was made despite an in c ease In Federal state and Cana- dian taxes to $94,147, nearly three N-Y. Theatres Not In Rental Freeze Litigation which, it is learned, has been discussed by various exhibitors n -N. Y. State, who are being asked for- higher rents from landlords be- comes a problematical course to take, now that two new supplemental refit control laws have been passed at Al- bany exempting what is referred to as "place of public assembly."- In both bills this is described tersely as "a theatre, motion picture house or theatre, sports arena or stadium, or exhibition hall." Origi nal rent control measure made no mention of theatres, causing exhibi tors and their attorneys to believe that they might be included with so- called commercial establishments. Because of doubt as to how the atre properties figure under the rent ceiling, plans were being laid to bring several test ca'ses in order to get a ruling. This may still be done contrary to the supplemental bills signed last week by Gov: Dewey which exempt specified ''places of assembly." Reported that, in numerous In- stances where leases have or are ex- piring, landlords have asked exhibi tors for stiff increases. An instance was the Astor, N. Y., tenanted for many years by Loew's, which on ex- piration of its lease in December was asked for a heavy boost in the yearly rental. Loew's is said to have cpsidercd probing the matter from the rent freeze angle, but finally de- cided to drop the renewal negotia- tions it had entered into, throwing the Astor back into the hands of its owners, the City Investing Co. Companion rental control bills signed by Gov. Dewey last week limit increases to 15% of the June 1. 1944. figure. PROD. C05T5 IIP, Curfew-Defying Toledo Indie Says Hell Sue Majors for Withholding Fix Reportedly concerned over the in- n n • i ri 1 J ^m»»n i i n J t ^ io / 1 - pr - oduction ? st 4^ i Pete Smith Encores Award compamed by dip in grosses for RKO ! studio output (not. including outside ' producers) in relation to' the higher 'RIOCABANA' SHELVED BY 20TH UNTIL WAR'S END Hollywood, April 3. Production of Riocabana," expen- sive musical at 20th-Fox, has been shelved until after V-E Day, to await better travel facilities between Hol- lywood and- Brazil, the picture's na- tural background. Original idea was to send a camera crew to Rio de Janeiro for process footage and shoot the picture at the Westwood studio. New plan Is to ship the whole company to Brazil as soon as transport restrictions are cased. Cast includes Carmen Mi- randa. John Payne, June Haver and. Martha Stewart, with William Lc- Bavon producing. Marg. Chapman Gets 'Past' Hollywood, April 3. Marguerite Chapman, on loanout from Columbia," draws femme lead opposite Fred MacMurray in "Pardon My Past," first venture by Mutual Productions, an indie company head- ed by MacMurray and Leslie Fcnton. Film goes to work in 10 days at General Service Studios, for Colum- bia release. budgets, Floyd B. Odium, RKO board chairman, has been going over the studio situation with a group of RKO toppers. While domestic ren- tals for the fiscal year 1944 were around $34,000,000, a substantial slice of this revenue accrued to in- dependent producers releasing through RKO whereby the distrib earned only a selling. fee. Odium has been, huddling on the i Coast with N. Peter Rathvon. RKO | prexy; John Whittaker. executive as-! sistant- to Rathvon; L. Lawrence' Green, RKO director, and Lt. Com-1 mander Fred Ehrman (Lehman Bios, partner). Latter secured.leave of ab-1 sence to participate in the discus- sions, indicating importance of the huddles. Both studio costs and rental re- turns on the company's own output have been under criticism within RKO for some time. RKO heads, it is understood, are flnecombing all production details. From, current indications produc- tions such as "None But the Lonely Heart" and "Experiment Perilous," reported costing in the neighborheod of $1,000,000. will show considerable losses. "Days of Glory," which was a (airly substantial budgeter, re- leased last season, was also among the disappointing grossers, as were several -others including "Tender Comrade." Meantime no release or production date has thus far been re- ported for "Sister Kenny," on; which there was an initial' script cost of some $50,000. Denying the first re- port in "Variety" last year that "Kenny" had been temporarily shelved, C. W. Koerner". studio head, then stated that the picture would roll in the fall (1944). Forthcoming product such as "Spanish.Main," (Technicolor) which is .reported completed, cost well over $2,000,000. "Bells of . St. Mary's," Leo McCarey production with Bing Crosby and Ingrid Bergman, one of the biggest bud geters o n th e RKO schedule, is an independent "produc- tion by McCarey-Crosby. m Independent product . being re- leased through RKO, meantime, has boosted the overall distribution pic tuue Samuel. Goldwyn output ("Up In Arms" anoT^Princess and the Pirate"! and International Pictures releases ("Casanova Brown") have turned out $3,000,000 grossers. Re- turns on the reissue of Walt Disney's "Snow White" are already reported at around $1,300,000 with a total of 3i;SS8#CS—=i*{7teted—Vf5*ett~disv?ib«— tion is completed. Rathvon is expected back in New York from the Coast around the middle Of this month, although re- turn may be delayed. Ned Depinet,' RKO Radio prexy, who has been convalescing- in Phoenix, may qlso return to N. Y. about the same time. Hollywood, April 3. For the second consecutive year Pete Smith wins a citation from the National Safety Council for turning out "the best, motion picture on oc- cupational safety released during the year." Metro shorts producer is the first to win the award two years in succession. Winner for 1944 is "Safety Sleuth.*: For 1943 it was "Seventh Column," St. L Tries Singles But Back to Duals St. Louis, April 3. Not much progress is being made in the move fostered by Harry C. Arthur, Jr., head man for Fanchon &: Marco's local interests, to elim- inate doublefeatures in approxi- mately 112 theatres in St. Louis and St. Louis County. In June. 1943, Arthur attempted to have these" houses commit them- selves to single features. 'However, he encountered opposish. The smaller owners said they would be expected to single-bill, pix that had been used in a double-feature program at the dehixers aiid also would be ex- pected to play "A" pix that had been screened in connection with a stage show. ' A compromise was affected where- by the smaller houses would follow .the policy of the deluxers; This plan was followed for a time but in recent weeks , there has been a dis- tinct return to the old policy, with even the larger houses reverting to duals: Several weeks..ago, for in- stance, "Meet. Me in St. Louis" and "Thirty Minutes Over Tokyo," which had been single-billed in the de- luxers, were teamed at the nafaes". Toledo, April 3. Jack O'Connell, manager of the curfew-defying Loop theatre here, began" his third week of operating until.5 a.m. by appealing from a To- ledo area WMC order that he close his house at midnight, while film dis- tributors were considering what ac- tion they would take on Government requests that, they withhold their product from the 750-scat house. Meanwhile, the possibility of a zero ceiling on manpower for the theatre, brought several offers by Tolcdoans who said they would be willing to work in the Loop without pay to keep the house in operation. Hearing on Loop's appeal from Toledo WMC order that it close at midnight will be held tomorrow (Wednesday). Meanwhile, O'Con- nell says that unless Warners services the Loop with films booked for April 10-12, he will sue WB for breach of contract; Films are "Old. Acquaintance" and "Mark Twain." Warners also withdrew April 17-19 booking of "In Our Time." O'Coii- nell says that under his contract a booking may : be withdrawn on 14 days' notice but. hot cancelled and must be furnished for showing at a later date. Efforts to close the Loop, which re- sumed its pre-curfew hours on March 19, are expected to end up in court eventually, but O'Connell has said that unless he can operate the early- morning schedule, it does not pay him. to keep open at all. John L. Craig, Columbus, state War Manpower Commission director, had requested all - film distributors to withhold their product from the Loop. He said that tour major film (Continued on page 10) Hakim's New Indie Deal Hollywood. April 3. Robert Hakim is working on a new production deal lb be ' an- nounced shortly, with offices at Gen- eral Service Studio. Although he is co-producer with David Loew on "Hold Autumn in Your Hand," Hakim will not be as- sociated with him in the new deal. Harry Cohn'Denies Any Intent to Sell Out in Color Retire Harry Cohn, reported retiring as active head of Columbia Pictures, has issued a denial of this, and re- veals also that David O. Selznick neither offered $3,000,000 nor has an option on his (Conn's) slock in Col. Cohn adds that the supposed value of the stock is. ridic and, besides, he has no other personal plans than to remain in the position he has occu- pied for 25 years—as president and production head of Columbia Pic- tures Corp. A previous story mentioned Selz- nick had invested in some Col stock. That phase of the story is not denied. From this stemmed - the report of Selznick's interest in buying a more vital share of the business. A trade, story had it that . Cohn might be interested in concentrating on two or three top pix per annum, without the burden of carrying an entire studio load, but this is strongly refuted. CHI CENSOR BOARD BANS 2ND-'CRIME,INC.' Chicago, April 2. Crime doesn't pay in Chi any more, as witness the Chi Police Mo- tion Picture Censor Board's latest ukase, announced Monday (2) on "Crime, Inc.," PRC's saga of New York's w.k. mob, Murder, Inc, PRC exchange execs here, who had 'the" "epic "Set "for" midwest preem: at Balaban & Katz's Garrick last week, expressed surprise at- the board's move in view of the fact that it had already been passed by the N. Y. State censor board without a cut. They're appealing the board's deci- sion with Police Commissioner James AJlman. It's the second pic with theme of crime and corruption in a big city that the board has rejected. Other being Monogram's "Dlllinger," which is still on the shelf awaiting a deci- sion by Allman. Board also an- nounced "Garransson's Boy," Swed- ish-language film released by Scandia; Inc.. has been tagged "adults only." It made 15 cuts in the 87 pix (357.000 feet) reviewed in March. Lon Edelman, Jim Geller Depart Warner Bros. Lot Hollywood, April 3. Lou- Edelman leaves Warners to- day having severed relations with the studio. Currently, he is nego- tiating with both Paramount and Metro for a producer berth. Edel- man couldn't find story material that would enable him to make more pix, so brought his Warner connection to an ending. His last for the company was "Hotel Berlin." James J. Geller, who held the post of story editor at Warners for the past three years, left last 'Saturday 431). No successor yet. Goldwyn Would Nix Pix For 10 Yrs. in Germany Hollywood, April 3. Germany, because of its record during the past 10 years,, should never again be allowed to produce motion pictures, in the opinion of Samuel Goldwyn. independent pro- 7 ducer, who recently returned from a four-week trip to England for the Federal Economic Administration, Boosting films as a morale builder, both for soldiers and civilians, Gold- wyn declared, "This industry will never realize the real worth and po- tency of motion pictures in the war effort." Trado Mark Registered FOUNDED BY BIMB SILVERMAN Puhllslietl WruUj bj VABIKTT. ta«. Sid Silverman, I'reuldenl ISI Weal 46th St., Now. fork 19. N. T. SUnflCHIPTION Annual......110 Foreign Ill HinK'o Copies , 2ti Cents Vol. 158 1M No. 4 116 a Tear—$12 Foreign-