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;W^ediieiHA93^^ Sept^ber 2s;, 1946 -MCTUIIES WAVE OF NEW AMUSEMENT TAXES AH-Time Top Grossers Fallowing pictures have alreaiv achieved, or give promiae of achieving oil basis of grosses tojiate, $4,000,000 hi Somestic rentals: . Gone With the Wind (M-G) (f939) $20,000,000 ■ This Is the Army (WB) «?43). . .i, 8,500,000 Bells of St. Mary's (RKO) (1945) 7,000,000 Going My Way (Par) (1944) 6,500,000 For Whom the Bell Tolls (Par) (1943) 6,300,000 Snow White and the Seven Dwarfs (RKO) (1937) 6,000,000 Leave Her to Heaven (20th) (1945) , 5,750,000 ■ Big Parade (M-G) (1925) 5,500,000 Saratoga Trunk (WB) (1945) 5,500,000 Notorious (RKQ) (1946)....,...,.,.......,,.,. 5,500,000 Song of Bernadette (20th) (1943.)..,..... , 5,000,000 ■ Meet Me ih St. Louis (M^G) (1945) ......., 5,000,000 Mrs. Miniver (M-G) (1942), 5,000,000 Weekend at the Waldorf <M-G) (1945) ,.., 4,900,000 Ziegfeld Follies (M-G) (1946) ;,. 4,750,000 Anchors Aweigh (M-G) (1945) '. 4,500,000 Foiir Horsemen of the Apocalypse (M-G) C1921),.... i. ii.. 4,500,000 t6.sf Weekend (Par) (1945).. . ....., .. .....;....... ..... 4,500,000 Random Harvest (M-G) (1942). 4,500,000 Road to Utopia (Par) (1945)... ...,........................ 4,500,000 Since You Went Away (UA) (1944)............ . i.......... 4,500,000 Spellbound (UA) (1945) 4,500,000 Slagedoor Canteen (UA) (1943) 4,500,000 Thirty Seconds Over Tokyo (M.G> (1944) . , 4,500,000 i-HiriU of a Romance (M-G) (1945) 4,500,000 , Valley of Decision (M-G) (1945) 4,500,000 Hollywood Canteen (WB) (1944) , 4,200,000 Ben-Hur (M-G) (1926) 4,000,000 Dolly Sisters (20th) (1945)... 4,000,000 Rid From Brooklyn (RKO) (194fi)............ 4,000,000 Reap the Wild Wind (Par) (1942). 4,000,000 : Sinking Fool (WB) (1928) 4,000,000 State Fair (20th) (1945).... , .... 4,000,000 CHILFLY lath's Blind Buy of $215,000 Novd Hollywood's 33 Top Hits Continued from pas* 1 distribution since Jan. 1, 1945. A total of approximately 550 pictures has been released in that period. General inflation of U. S. economy naturally is in large measure ac- countable for the increasing number of pictures edging their way into the $4,000,000 golden circle. How- ever generally good business alone isn't enough to push a film into that stratospheric area. As Edwin Aaron, Metro's assistant general salesmanager, pointed out the other day: You can't get a picture into the $4,000,000 bracket by charging high terms or high admission fees or anything else but extended play- ing time. And extended playing time is achieved only by pictures with an especially heavy charge of b.o. ingredients—whatever they are. What makes a top-gros.ser is nat- urally a question that is becoming increasingly acute in Hollywood. List .of the alltime high coin-grab- bers discloses there's no simple formula lor success. Aside from isuch elemental facts as that a star ■or stars are a virtual necesjsity for landing a film in the golden circle, they reveal little in common, Here's « rough breakdown by type: Musical .■ . 6 Costume drama ..... . 5 Patriotic or war. 5 . Drama Religious theme , 3 Suspense 2 Adventure drama 2 Comedy drama 2 Comedy ,:...,...,... , / 2 Cartoon ..................... 1 Ranty of $4,000,000 films will come a.s sonnewhat of a surprise to tho.se "Qt intimately familiar with indu.s- tiy financial matters and to those outside the industry who vision every Hollywood effort as bringing »n a billion or so dollars. Only 13 pictures have brought—or give hope of bringing—in $5,000,000 or more. Only encouragement in view of Counting expenditures going into important product " is that rapidly expanding $4,000,000 golden circle. Wore than one picture a year had never reached it until 1942, when three achieved it. Here's the lineup: .......... 1 1921 192.5 1928 1928 1937 1939 1942 1943 194* 194!i 1946 . 1 . 1 . 1 . 1 . 1 . 3 , 4 . 4 .13 More important than star or theme Of production values in getting a picture out of the ordinary good ousmess classification and into the soiden circle, according to distribu- tion execs, is a rare amalgam of fac- jors over which the producer has control and other factors over which he has mo power whatsoever. Every picture, it is pointed out, has its own "characteristic of liqui- dation." And that characteristic is influenced by such factors as the weather, holidays and world events, during the weeks it hits key theatres. Major portion of any film's income is received during the first «ight to 10 weeks of its release. If a few of those weeks are unduly hot or cold or wet, it'll be reflected in the total gross. Similarly there are other factors such as the death of Roosevelt, which hit film business. If a picture happened to be going into release right then, it could easily have suf- fered sufl'icient damage to its b.o. potential to keep it out of the golden circle. , While accurate income figures are naturally regarded as confidential by the companies and are thus hard to come by, those in the accompany- ing box have been checked and cross-checked and are believed cor- rect, with a leaning, if any, to the conservative side. Here's the way pictures in the golden circle line up by companies: Metro 13 Paramount .......... .\. 5 WB ............... .. 4 RKO . ................. 4 20th-Fox ............... -4 UA 3 Universal 0 Columbia 0 There are piles of other pictures in the close or doubtful category. They include "Harvey Girls," "Ad- venture," "Green Years" and "Easy To W«d," from Metro; "Smoky," ' Anna and the King of Siam" and "Tree Grows in Brooklyn," from Fox; "Lady in the Dark," "Story of Dr. WasscU" and "Star Spangled Rhythm," from Paramount; "Night and Day," "Sgt. York," "To Have or Have Not," "Mildred Pierce" and "Rhapsody in Blue," from Warner 'Bros.; "Spanish Main," from R]g:0, and "Song to Remember" and "Gilda," from Columbia. Some of the picture.'; back farther in history are more difllicult to as- sess, "Birth of a Nation": (UA), for instance, is quoted at from $3,500.- 000 to $18,000,000. In light of ad- mission priees and film rentals at the time (1915), most trade vets are inclined to accept the lower figure.' Then there are "The Covered Wagon" and "10 Commandments," both released by Paramount in 1923, which are credited with $3,500,000 and $2,500,000 respectively. U'S REGULAR 50c DIVVY Universal's board of directors last week declared a regular dividend of 50c per share on the company's com- mon stock. Melon i.<; payable Oct. 31 to stock- holders of record Ocf. IS. IIT PICTOIIE BIZ »y IRA WIT An unprecedented drive to hoist local amusement taxes during State legislature and municipality gov- erning board sessions in 1946-47 is definitely in the wind. Entertain- ment tax boost throughout the U. S. is considered inevitable by taxpayer associations and industry experts be- cause of a combination of postwar factors such as an increase of 33% to 50% in running local govern- ments; early initiation of costly mu- nicipal improvement construction which marked time during the war; and the necessity of boosting wages of civil service employees to meet the current high living costs. Prophesied lift in entertainment bite along with new sales taxes and further nicks on utilities and per- sonal incomes was highlighted at the 32d annual meeting of the Gtovem- mental Research Assn. held last week at Magnolia, Miss. Reps of some 150 taxpayers associations and research groups, saw nothing but grey skies ahead in the forthcoming year, with show biz, particularly film the- atres, due for hard tax blows. Pointed out during the conference, and confirmed by other sources, is the fact that construction work run- ning into many billions of dollars are on the must list of municipalities with the added proviso that current tax income will not meet the costs. Examples cited were Los Angeles, which has a wartime backlog of $450,000,000 in construction work waiting the starting gun; Minneapo- lis, which will .spend $80,000,000, and New Orleans, whose transportation requirements alone demand $40,000,- (Continued on page 18)' And Then It's Leased for Only 10 Yrs. Those Lil Things Last-minute briefing of the six Goldwyn Girls by British In- formation Service reps in New York before they left for Eng- land last week resulted in a largerscale eleventh-hour shoe- buying expedition. ■ Gals had mostly open-toe affairs, which BIS pointed out were entirely impractical at this season of the year in Britain. Likewise on BIS advice, Gold- wyn offices had the femmes ac- companied by their own crates of Lux and Kleenex. 2 B'way Houses, Next To Each Other, Will 'Duel' Day-Date in Dec. '^Duel in the Sun" will Open simul- taneously at the Actor and Victoria on Broadway in December, accord- ing to present plans of producer David O. Selznick. Arrangement has been made, it is said, for Sam- uel Goldwyn's "Best Years of Our Lives," which has equal priority on the Astor, to open at another house. Which one hasn't been determined as yet. Possibility of a conflict existed between Goldwyn and Selznick for the Astor, on which they have a sharing agreement with Maurice Maurer, who operates it. Goldwyn's acquiescence to Selznick's desire to preem the pic simultaneously in the two theatres^ which are practically next door to each other, provided the solution to the situation. "Duel" will have its world preem in Dallas in December. Ted O'Shea Gandering Capra's 1st for Liberty Ted O'Shea, sales chief for Liberty Films is now on the COast to huddle with Sam Briskin, out- fit's exec producer, and Frank Capra, Liberty partner, who. just completed "It's a Wonderful Life." O'Shea will gander the pic, which is Liberty's initialer and likewise first since he returned from the Army, for star Jimmy Stewart. O'Shea is expected back in about a week to get final plans under way for release, which will be via RKO. Mort Nathanson, recently named eastern publicity head for Liberty, took over the spot Monday (23). He was formerly with Samuel Goldwyn and more recently with Mike Todd. Capra Wins Round Vs. Col Los Angeles, Sept. 24. Prank Capra won the first round in his suit again.st Columbia oVer the picture, "A Song to Remem- ber," when Federal -Judge Pierson Hall denied the studio's motion to dismiss the action. Plaintiff declares- he prepared tl»e story for Columbia before he entered the Army. He wants 25% of the net proflt.'j. Metro May Make ^^Prod. Deals On London Plays While Metro refuses to participate in any way in Broadway legit pro- duction, it will enter into pre-pro- duction deals in London, Mrs. Carol Brandt, head of the eastern story department, disclosed last week. Mrs. Brandt planes out today (Wednes- day) for six weeks-in England and France, She may make some Lon^ don legit deals while there. Situation so far as backing plays abroad is concerned is completely different from New York, which is the reason for the difference in Me- tro's attitude, Mrs. Brandt explained. Not only can a very good production b: staged in London for $10,000, She said, but a film, company can on a much more liberal basis than in the U. S., sew up rights in advance of appearance of a show on the boards. (Dramatists' Guild agreement in this country provides that a play must be offered for competitive bidding t all studios alter production, de- spite backing from a particular com- pany.) Repping Metro in any pre-produc- tion deals and probably acting as producer of any play it backs will be the agency of Linnett & Dunfee, Mrs. Brandt said. She also disclosed that Metro will run a prize contest in France for the best novel, some- what similar to the $125,00f prize novel contest company annually runs in this country. French winner will ge. about $25,000, plus $50,001 if the book is published in tlie U. S., ac- cording to present plans, which have not yet been completely worked out. Instead of being open to all publish- ers, as it is here, contest will be worked through a single Paris pub- lisher,, Gallimard, the femme .story exec declared. In Metro's aim to line up novels from abroad, Mrs. Brandt said, she will oflier subsidies to writers in England and France. They will amount to slightly less than the $50 to .$100 a week which the contjpany offers in the U. S., but they will similarly give Metro an option on the work so financed. This is Mrs. Brandt's second trip to Europe this year. She was abroad last spring. Her object is to make about three trips a year, she said, rather: than to set up extensive per- manent story departments in London and Paris. COL'S 250G PRE-PROD. DEAL FOR BUSH-FEKETE Ladislas Bush-Fekete's deal with Columbia Pictures for his "We Two" play (written in collaboration with his wife, Maria Fay) will be co- produced by Robert Montgomery but he will appear only in the film version. Montgomery & Nugent (Elliott) will present the stage ver- sion with a cast yet to be selected. Col's deal is up to $250,000,.via a $100,000 pre-production payment and three additional $50,000 payments if the run Is long enough, hitting the ceiling if coirt)leting a year's stay on Dearth of top-ranking literary material led 20th-Fox last week to . take a $215,000 gamble on Ken-; neth Roberts' forthcoming novel; 'Lydia Blalcely," without havin.a; seen one line of manuscript or galley proof, It was the biggest blind deal of,its kind in indu.stry history, the screen rights having been ac- quired at the fancy price by eastern story editor Bert Bloch on the b'Ssis of a one and one-half page synposis written from a talk'with the pub- lishers and on the fact that the Literary Guild had accepted the bool; as its selection tor next Janu- ary. There were many unusual aspect.'? to the deal, arnong them the fact that it is a leasing 'arrangement, which is one of the points being pushed in the American Authors Authority proposal that has caused such dissension in the literati world during the past few weeks. Fox gets screen rights for 10 years, at the end of which time it can obtain them in perpetuity by payment of $20,000. Company must also pay $20,000 for any remake, either before or after the lO^year period. Roberts gets his $215,000 paid to him in even installments over the 10 years. On the basis of the author's re'pu- tation as a writer of best-sellers and the fact that the book is virtually guaranteed a sale of over 1,000,000 copies, Fox didn't feel it was taking too much of a chance. Literary Guild puts out about 800,000 copies and Doubleday, the publishers, is guaranteeing a trade edition of 200,- 000 copies. One of the unique angles of the deal is that Roberts is to giva $15,000 of the coin he gets from (Continued on page 29) Sindlinger ('How's Your Audience Peiietration?') Exits Gallup After Tiff Al, Sindlinger has resigned, eflSec- tive immediately, as exec v.p. o( Audience Research Institute, Gallup Poll subsid serving the film indus- try. James L. Wolcott, who has been with the outfit since last Sep- tember, will take over Sindlinger'a duties as senior executive officer, retaining his present title of v.p. and general manager. Jack C Say res: will share in the management as v.p; in charge of client relations. Sindlinger's departure from ARI, which he joined iti January, 1943, was said to be over differences in policy so fundamental that there was no alternative other than his resig- nation. He is understood to have differed with Wolcott and Sayres as well as Dr. George Gallup, who it prez and a member of the board. Wolcott came to ARI from March of Time, as did Sindlinger. He was production manager, while Sind- linger was advertising - publicity head. Wolcott had previously been with 20th-Fox as chief of its test department. Sayres formerly was with the radio department of Young & Rubicam on the Coast. Rank's Memphis Showcase Memphis, Sept. 24. The Ritz, 900 seat deluxe naba house here, will be converted into a class first-run theatre Oct. 16as mid^ south showc^e for J. Arthur Rank7a Prestige Pictures by the owner, David Flexer. Noel Coward's "Brief Encounter" will be opening picture followed by "Love ■ Story" then "Henry V" under Theatre Guild sponsorship. Three other Rank films also set. Balance of Flexer-Haberfield chain here: and in no^th Mississippi will show occasional foreign language films also. 4facMUBMT'S TAX EEFVIIDS Washington, Sept. 24. A $42,516 tax refund for overpay- ment of 1945 income tax has been made to Fred MacMurray, Bureau of Internal Revenue announced last week. Similar sum was refunded to Mac- Murray's wife, Lillian, for the same vi»aj-.: . '■:-..■ : -::-.,: -.:-^.—Z... „—,.:-..