Variety (May 1946)

PICTURES Vedimday, May 22, 194$ It's Official Now: Outlaw' Won t Drive Fix Fans to Immorality, Judge Rules San Francisco, May 21. -. Citing from Genesis and the U. S. Supreme Court and quoting Lord Denham and Justice Cardozo, Judge Twain Michelson -of the local. Mu-. nicipal Court ruled in a directed ver- dict Saturday .(18).that, as a matter of law, .the delineation and portrayal of "The Outlaw" did not fall within provisions of section 741 of the police code. Ruling released the Howard Hughes picture and found defendant theatre manager Allister Dunn not guilty. The 2,500 word decision was a standout victory for w. k. attorney Jake Erlich, who handled the case and had the picture displayed for judge, jury and members of the police department. In questioning jurors, Erlich adroitly asserted. "In order to find this defendant guilty you must be sensually, sensuously and even sexually excited by it. You must determine"whether this picture causes you to become a bad woman instead of the good, moral and up- right woman you are now." After touching, ori the difficulties through which the people of the world have gone in .an effort-to- de- fine'right and wrong, Judge.MicheU son reprimanded the San Francisco police force for its inconsistency in seizing the picture in 1946, after having allowed it to play lour months in 1943 without interference. In his instructions to the jury for a directed verdict, the jurist said, "I say, on simple reflection, that I can- not bring myself to the legal con- clusion that the picture which! you and I have looked upon has left you ladies and gentlemen of the jury in a state of moral suspense, or of men- tal lewdness and licentiousness, be- witched and seduced. "I cannot bring myself to the legal conclusion that you, after viewing The Outlaw' have suddenly changed your code of morals or ethics; that you, the gentlemen of this jury, have resolved to become adulterers and homebreakers; that you, the ladies of this jury • have decided that you would at some opportune and clan- destine moment abandon your hearths, your children and your hus- bands to lie in the bed of some in- validated or dying man .for one last moment of carnal or lustful experi- ence. "It is my considered opinion , that no civilized community .would tol- erate such a doctrine of morals and morality. But that, in this case," is the way you are expected to feel under-the legal theory of the com- plaint on Ale in this action." In clos- ing,' Judge Michelson said, "'In the light of the legal authority which I have cited, which are but a few of the many available to counsel for both the people and the defense, I feel impelled and constrained to grant the motion for a directed ver- dict as interposed by the defendant through his counsel." Catholics Ask One Year's Boycott of Loew Theatre Galveston, May 21. Bishop Christopher. Byrne of the Catholic Diocese of Galveston has ordered a boycott of one year's dura- tion against Loew's, in Houston, be- cause the house refused a request, from a delegation of Catholics that the showing of "the Outlaw," be- ginning Thursday (16), be cancelled. Houston is in the Galveston Diocese. The bishop charged that the pic- ture is "indecent and immoral, crude, and gioiifies crime and basely of- fends in costume and action." He said the Loew's manager had defied "a request for decency." Loew's took an ad in Houston papers to reply, explaining that the house was under contract to show the release. 100 Chi Ops Bone Up on Televish Chicago, May 21. Over 100 members of Local 110, Motion Picture Operators Union (AFL). are currently taking tele- vision courses at DeForest's Training School, and eventually all of the 300 or so members will be enrolled, ac- cording to Gene Atkinson, union business agent. Idea is to train the men against the possibility of tele- casting from a central point to a score or more film theatres, in which event current contracts call for em- ployment of video ops—^"and our men are the ones for the job," At- kinson said last week. Unionists report it's like starting all over again, inasmuch as standard projectors have only two dial con- trol.":—one ior focus and the other to eliminate double pictures—where- as on tele machines they have to learn to handle 10 controls, including synchronizing of transmitter and re; ceiver, sound, picture brightness, focus, etc. Guys pay their own tuition for the 24-week course, which includes a lot of homework, and spend four hours a week In classrooms and labs. Anti-Censor — continued from p*l« 3 who realize Hollywood is not as the fanatics paint it. However, the in- dustry cannot put up a battle on this basis unless its skirts are reasonably clean. So Hughes' activities become embarrassing. Bad. Timing Now Not only must film biz fight off a new crop of threatened legisla- tion, but it is stymied in going ahead on plans for shaking off the old poltical censorship shackles. Eric Johnston, Motion Picture Association proxy, several months ago indicated to Varietv plans to make a court test of local censorship, with the pos- sibility that the Supreme Court, would declare such interference Avith films unconstitutional. These plans, it is believed, have been necessarily delayed because "Outlaw" has placed the industry as a whole in an un- tenable position so far as such a fight goes at the moment. Likewise, industry self-regulation is getting stiller. Administration ,of. the Production Code is a flexible thing, responding to outside pres- sures. Duty of the PC A is to keep films out of trouble and, when there's little beefing from church or civic groups, there's a natural tend- ency to be liberal. On the other hand, when the forces of moralism and righteousness gang up, as they are currently doing over '.'The Out- law," the PCA is forced to get closer to the letter of the Code in order to preserve Hollywood from undue dif- ficulties. How strong these outside pressures can be on the Aim industry has be- come evident during the past few weeks, -when various church and other groups have caused cancella- tions of "Outlaw" dates in at least a dozen cities. The squawks to thea- tre operators which result in such action are spontaneous in each par- ticular town and if they really be- come organized, they can snowball into truly dangerous proportions. MSG Denies Dating Madison Square Garden, N. Y.. in response to repeated reports, that Howard Hughes' "Outlaw" would go in for a run,-stated Monday (20) that it had no such booking. Reports were that the film would open in July, after the Monday night tight bookings had expired. Friday night boxing would continue, with "The Outlaw" skipping that per- formance. JOHNSTON'S WORLD TRIP OFF UNTIL THE FALL Heavy agenda of industry prob- lems lying before him has forced Eric Johnston to push off the initial leg of his contemplated world tour until the end of summer or begin- ning of fall, at the earliest. Motion Picture Association prexy had' hoped to leave for the international pitch on Hollywood product in May or June. Joe Breen, Production Code Ad- ministrator, will depart for Eng- land toward the end of June at the Invitation of British producers who desire guidance from him on what will and won't go in American thea- tres. ■ StiD Another New Indie Hollywood, May 21. New indie producing outfit, Mod- ern Films, has been organized by John Rogers and Arthur Lewis, son of AI Lewis, Metro producer. First picture to be made by the new unit is "Night After Night." Harrisburg Bishop Lashes at 'Outlaw* Harrisburg, Pa., May. 21. The Most Rev. George. Leo Leech, Bishop, of the Harrisburg Roman Catholic Diocese, 'lashed out last week at United Artists' 'The Out- law," charging that it helps foster ■juvenile delinquency. Bishop Leech urged some 2,000 parents attending a rally here to keep their children away from the film when it plays here, because, he said, "it is a destructive and cor- rupting picture which glamorizes crime and immorality." Concluding, Bishop Leech charged that if the picture is shown locally "it will incite to immorality ' and crime . . . will be a betrayal of the best interests of our community.' TwJn Citlei Cancels Minneapolis, May 21. Yielding to pressure of several Catholic church groups; the Minne- sota Amuse. Co. (Paramount) has put "The Outlaw" on the shelf. Cir- cuit had spotted it into the State here and the St. Paul Paramount and then yanked out the dates after the church groups protested to John J. Fried!, company president, against its. exhibition in Minneapolis and St Paul. JESSEL CUTS ROXY DATE SHORT BY FIVE DAYS Show of "Dark Corner'.' and George Jessel at the Roxy, New York, which otherwise would have gone three weeks, will be cut short tomorrow night (Thursday) after 16 days not because business was unsatisfactory, albeit not outstand- ing, but so that Jessel could be in Chicago Saturday (25) to act as ■toastmaster at dinner installing Jack Kirsch as this year's president of Allied States Assn. Kirsch, head of Allied's Illinois unit, asked for Jessel and the Roxy management agreed to change shows Friday (24) though its regular change day for years has been Wednesday. Understood also that Darryl F. Zanuck, v.p. over production at the 20th-Fox studio where Jessel is un- der contract as producer wanted him to hurry back. Jessel -was booked into the Roxy for $10,000 but with no specific run commitment by the theatre. Stressed that the $90,000 grossed on the first week and the $73,000 hit on the second ended last night iTues.) was thoroughly satisfactory, especially in view of four days of rain, last week and the brownout the prior week. Boob Bounce Into Best Seller Lists Via fix Buys; Films Hypo Readership U.S. Co-op in French Film Expo Depends on Exports Washington, May 21, U. S. motion picture firms have been invited to participate in an international film exhibit which the French have just scheduled to open in Cannes on Sept. 20. Invitation was extended through our Embassy in France. There is no indication whether Hollywood will go along with the idea. It is believed,. however, that our; participation will depend upon successful conclusion of the nego- tiations for the import of our pix into France. If the French refuse a reasonable deal, the studios are ex- pected to turn thumbs down on the exhibit. It will be the first such exhibition since before the war when the French held several. They copied the idea from the Italians who held them in Venice. France- has slated the world film show to establish it- self as the film culture center of the globe. Grant Duals With 'Flirt' Hollywood, May 21. Marshall Grant draws a two-way stint as producer and writer on "The Flirt" at Universal. Picture, based 6n a yarn by Booth Tarkington, is slated for an early June start.. Picker Starts MG Pact Looking for Stories H\ Hollywood, May 21. Leonard S. Picker, who recently produced "The Bandit of Sherwood Forest" for Columbia, checked into his new producer post at Metro, to start work in the Al Lichtman unit when he has had time to inspect a number of story properties and se- lect his first production. Understood Picker attracted Louis B. Mayer's attention when he made "Sherwood Forest" look like a mil- lion dollars on a short budget. Ent Buy. 'Calendar' Hollywood, May 21. Enterprise purchased "Wild Cal- endar," a novel by Libbie Block, slated for production early next yer.r. Book was published last January by Knopf after running as' a serial in the Woman's Home Companion, I Murphy to Head SAG Group at Cal. Meet Hollywood,. May 21. George Murphy, prexy, will lead a. delegation to represent the Screen Actors Guild at the annual conven- tion of the California State Federa- tion of Labor, June 19-22 in San Francisco. Other 'delegates *re Franchot Tone, Walter Pidgcon, George 1 Chandler, Tudor Williams and Pat : Somerset. J World Survey Of Pix Stymied Meetings during the past week of a special committee of foreign man- agers to set definite plans for the projected world film census by the Motion Picture Association have produced no concrete results as yet. Infinite complexity of the study planned has brought forth a num- ber of ideas, a likely one being that each of the participating companies would be assigned to get the dope on a specific area of the world, No response has been received yet by the MPA to the invitation to four non-member companies to partici- pate. They are United Artists, Re- public, Monogram and PRC. The four are not .being asked to put up any coin, all of which will be pro- vided by the seven MPA member companies, but would make avail- able their branch offices and other facilities' where necessary to partici- pate in the research. In . return, findings would be made available to them. Determination of the industry to clear the multitude of problems fac- ing American films throughout the world and push export of Holly- wood product to new high levels in double-quick time is seen in pair of appointments made to the Mo- tion Picture Association last week. Two aides to work exclusively on the. international program were named to Carl E. Milliken, MPA secretary, who handles -export af- fairs. New appointees are Gerald M. Mayer and Robert E. Vining. Mayer, until the. day before his appoint- ment, was in charge of the northern European section of the State De- partment's Office of Cultural Rela- tions. He'll specialize for the MPA in film affairs in Germany and gen- erally in the area on which he ex- ported for the State Department. Vining recently left the Navy with the rank of captain. From 1941 to 1943 he was on Naval staff duty in London and then was asssigned to General MacArthur's staff in the Pacific. He was naval aide to both Mrs. Eleanor Roosevelt and the late Secretary of the Navy Frank Knox on their visits to Britain. Mayer was onetime publicity head for NBC shortwave operations, while Vining was associated with Western Electric. ♦ Paradoxically, films appear to be making America the greatest book- buying nation in the world. Instead of slicing away reading time, as might be expected, Hollywood—via its purchase of screen rights to nov. els and biogs—Is driving the citizen, ry to book stores and lending librar- ies in . the greatest number in his- tory, according to publishers and book jobbers checked during the past week.' Back of the craving to-read, pt course, is at least partially the heavy promotional ; campaigns staged by high-powered film company press departments once rights to a book are bought for picturization. Prime example of what can be done on .that score—a performance that had the publishing industry standing on its collective ear this week—is "This Side of Innocence," novel by Tay- lor Caldwell which is owned by Hal Horne-Armand Deutsch's Story Productions. Within three weeks of its first ap- pearance on the N. Y. Times' best seller list, "Innocence." had hoisted itself to first place. On the Sunday, April'30, list it was No. 5: May 5 it was No. 3; May .12 it was No. 1 and last Sunday (17) it was again at the top. It had nosed out both "Arch of Triumph" and "King's General." both of which have likewise been film- promoted, This Is the first time that a Caldwell book has risen above fifth on the most-sold list. With a big . press and radio cam- paign behind it, likes of which has never been approached by the or- dinary publisher's conservative pub- licity department, "Innocence" was getting more plugging than even Hollywood usually gives.'Number of film companies, as a matter of fact, do very little to push the sale of the "trade edition" (regular $.50 or $3 initial run), since they frequently buy film rights on a sliding scale deal which requires an additional payment to the author for each copy sold. So they save their fire for the later motion picture and other drug- store editions. These latter are invariably big sellers as the result of interest in the film. And they are really where the American public has shown how. Hollywood has sharpened its taste for literature, such as it is. Sales invariably go up from 100% to 200% on reprints during the run of a pic- ture. ' Biggest help that Alms are lo the book business, however, is where the original edition is a mild seller. An extreme example is "Our Vines Have Tender Grapes." The trade edition sold only 3,000 copies: the motion picture edition sold 50,000 copies. Another angle is a test made by Grosset & Dunlap on "Tomorrow Is Forever." It simultaneously re- leased two reprint editions. One was an ordinary cut-price version, the other was a motion picture edition with stills and blurbs. The film edi- tion, outsold the other five to one. Still another potent angle of what films have meant in pushing up book sales is the effect, they have on an author's subsequent works. A prime example is Rosamund Marshall's "Duchess Hotspur," which sold two to three times as well as her "Kitty." Nelson Sees Exclusion Threat to U.S. Films . Hollywood, May 21. Warning against a threat of exclu- sion of American pictures in foreign lands was voiced here by Donald M. Nelson, chief of the Society of Inde- pendent Motion Picture Producers, after a three-week visit to Wash- ington. ; Nelson declared the Departments of State and Commerce are fully aware of motion picture trends abroad and may be depended upon to combat them through diplomacy. JOHNSTON TRANSFERS PALFREYMAN TO D. C. Washington, May 21. David Palfreyman, who has headed the Motion Picture Assn. of America's theatre service dept. since 1929, moves from the New York to the Washington office, June 17. Eric Johnston announced yesterday (Monday). Coincidental^; the the- atre service dept. will 'change i's name to the trade relations dept. Shift of Palfreyman is first of sev- eral slated to take place in the next few months. Two. reasons for the changes—there Is space in the Wash- ington headquarters and ll*c New York offices are overcrowded. Sec- ond, Johnston wants more of the or- ganization where he will have his eye directly on it Before the move, Palfreyman will attend exhibitor conventions in Chi- cago, Jacksonville, and Columbus, Miss. He has-been in the picture business for many yrars. Before joining the MPAA he was with the Kunsky theatres in Detroit, with Cok'- n Distributing Corp. and with Fi'i-.-: !•> onrl. He was 'al-o m.-nngcr of the Detroit Film Board of Trade.