Variety (Sep 1946)

so PICTVBES Wct1nc8«lay, September 25, 1946 Albany flits B.O.; Larger Overhead Albany, Sept. 24. A price hike has been affected fey a sizable number of theatres in the Albany area. It includes Albany. Troy, Schenectady and Utica. The A first run houses, like. the ,pal- pcc and Strand, Albany; Proctor's nnd Troy, Troy; Proctor's and State, Schenectady, and Stanley and Avon, Utica, increased the afternoon tap from 44 to 50c and advanced the night admission time from S to 5 p.m. The evening charge in these situations—Fabian and Warncr-ris 65c. ■ In a number of other runs there have been corresponding price in- creases. Many of . the independent theatres have pushed their charges up, too, although there are some ex- ceptions. The average upward trend is about jSc. A general increase in operating costs is the i-eason cited for the changes. In Albany, a 10% increase for projectionists, effective Sept. 1, but retroactive to June 1, is one of factors mentioned. Increased film rentals is another. Scophony Defendants Get Week's Extension Long-awaited settlement of the Scophony anti-trust suit received another setback Monday (23), when the N. Y. district court granted Paramount, Television Productions and General Precision, all defend- ants, an extension till next. Monday (30) to file their answers to the cross-claims of Scophony Corp. of America and Arthur M. Levey, SCA prexy. Cross-claims, filed several months ago, had accused the three defend- ants of conspiring to hold back re- lease of the Scophony patents for full-screen sized television, echoing for the most part Government charges against all the defendants. Dept. of Justice is still waiting for Judge Edward Conger to render a decision on the petition of Scophony, Ltd., of England to be dismissed from the case on the grounds that an English corporation cannot be subject : to the jurisdiction of an American court. Since the English firm is also a defendant, the D. of J. attorneys cannot proceed with the case until the judge makes up "his mind. Answers of all other defend- ants to the Government charges were filed some time ago. That Chanel Aura Des Moines, Sept. 24. This headline appeared in the Clinton" (la.) Herald: "Motion Pictures of Future to Smell."; It was intended straight since the story told of plans to have scents .'accompany films in the future. 'Not Hoarding Fix' ConUnaea Irom page 3 i 1st Chain of Foreign Pix Theatres in N. Y. First circuit of foreign houses in metropolitan New York goes into operation Sat. (28) with the reopen- ing of the new Avenue Playhouse (formerly the Miami theatre). Lat- ter was purchased by Sara Baker, part owner and operator of the 55th Street Playhouse, following its shut- tering by N. Y. License Commis- sioner Benjamin Fielding several weeks ago. Baker is .currently set- ting up plans to route his foreign- macle pix from one house to the other in the circuit New system will tee off with "The We Idigger's Daughter," French- made film starring Raimu and pro- duced by Marcel Pagnol. Baker po nted out that jvery picture would not necessarily play all three houses, but that the Fifth Avenue would be used as a moveovei house, with the icrther two getting the iirst runs. Former Miami theatre, on 6th ave- ftue and 46th street, closed by Field- ing on charges that the management had added salacious clips to regular pictures, has been completely refur- bished, with new projection equip- ment, airconditioning, new seats, new marquee, etc. House will seat 650. ■- Of labor diflicuUies, in which event reissues would be the mainstay of company operations. ^ Turning his attention to the prod- uct shortage issue, Balaban pointed out that reduction in the number of pix by Par to create a scarcity would only be unprofitable Since it would boost the apportionment of fixed studio expenses to each film as well as fixed , sales costs past the poitit where returps could meet these costs. "Paramount's policy is to make and release as many top pictures as it can efficiently handle under the theatre-.by-theatre, pic- ture-by-picture selling under the de- cree. It is the only policy that will pay off in profits and cut overhead costs," Par's prexy declared. Can^t Seduce Quantity "We Cannot reduce the number of films made by our studios for other reasons," he continued. "Paramount I has foreign market commitments which must be met regardless of do- mestic conditions," he .said. "More- over, the fact must not be over- looked that Paramount has substan^ tial interests in the exhibitor field and faces, the same problem of ac- quiring product faced by other ex- hibitors. Owning many first-run houses as we do, our problem is more Immediate than the subse- quent-run theatre operators and we certainly do not intend to aggravate it by .slowing down production. 'Numbers of pictures has long ceased to be a determining factor in' keeping theatres supplied or assur- ing exhibitor profits," Balaban con- tinued. "We now know from actual experience that there are almost un- limited audiences for top quality product. While it is true that in- creased spending power has con- tributed to higher b.o. levels, an even greater contribution has been made by the high percentage of toppers on the programs released by most of the companies in the paist five years since the consent decree went into effect." Answering exhib critics who've singled out Par because it has slated two films "Blue Skies" and "Two Years Before the Mast" for release during the last three months of the year, Par's prez said these pix have b.o. pull and playing-time poten- tialities equivalent to at least four average A films. "We chose these two big pictures only because we wanted to minimize the drain on the sales organization of theatre-by- theatrc selling. We are certain that these two films will have the b.o. pull and piaying-time possibilities of four average A'pictures. We know that only by playing hi^ quality' films in. the immediate future can be films in the immediate future can •we their present high level. "But we have no intention of cut- ting the number of films released below the figure that can be ef- ficiently handled by our sales' force.' As to reissues, there is no sense to a haphazard releasing of the oldies to plug open playing-time in scat- tered houses, Balaban declared. By doing that, the company would milk the reissues dry and spoil their fu-' ture potentialities. He pointed out that selling a reissue to a fourth-run house today, renders the picture valueless later on as regards distri- bution to prior run theatres in the same area. SOPEG Moves On N.Y. Exciiangesjalk Walkout, Nix 51 Want 15% Tilt Danger of a walkout by white collar itcs working in the film ex- changes of Columbia, 20th-Fox, UA, and Metro is looming following imanimous rejection of an offer for a Sf'u wage increase at a membei'.ship meeting of the Screen Office & Pio- fessional Employees Guild on Mon- day (23). The meeting voted to em- power SOPEG's executive board with the authority to call a strike, if necessary, in order to gain. wage increases parring the 15% won last week in New York film offices. Sep- arate negotiations between the ex- changes and the union were being conducted on a wage reopening clause in the union contract which expires next year. Talks began last July with the negotiating committee for the union consisting of two members from each company headed by Otto Langer, secretary - treasurer of SOPEG. Hepresenting the compa- nies were Charles O'Brien'i Metro; Clarence Hill, 20th-Fox; Harry Buck- ley, UA; and Hank Kaufman, Col- umbia. On basis of union contract, any wage increases which are granted will be retroactive to Au- gust. ■,. From the Lots Continued from page 7 Honor System Formation of an industry-wide committee to iron out disputes between the film companies and white collarites in the New York offices establishes something of a precedent in labor-employer re- lations. Unlike the Inbor^man- agement setups prevalent during the war years, the film commit- tee is composed exclusively of reps from each of- the majors honor-bound to ' give a: square deal to the unions in handling their grievances. Heads of the Screen Publicists Guild and the Screen Office ft Professional Employees Guild, though su.spicious that the com- mittee may be stacked against them, have agreed to the deal as a test of industry, good faith. AH disputes, not specifically provided for as arbitrable by an impartial third party, will be in the lap of the industry committee.- Studio Labor , Continmd from page T Col. Films Dope Meet ; Hollywood, Sept.' 24. First meeting of the United Na- tions Commission to control nar- cotics will be filmed by Columbia as a sequence for its forthcoming picture, "Asssigned to Treasury.'' Permission for the filming was ob- tained in Washington by Jay Rich- ard Kennedy, who wrote the script and will functioii as associate pro- ducer bn the picture with Sidney Buchman. Commission will meet in Wtw York in November. Reade'5 500G Pool Flops In Asbury, Razing It Asbury Park, Sept. 24. Demolition permit was granted to Walter Reade by city authorities last week, thus paving the way for razing of his Monte Carlo Beach Poo), located off the boardwalk, and erected at an estimated cost of $500,000 a few seasons ago. Un- profitable operations of the pool is said to be largely due to failure of the city administration to ■ help Reade's cause along by liberalizing zoning and parking regulations in the vicinity of the natatorium, Reade also had a deal on for a midget auto track to be set up oil the site, However, negotiations fell through wlien thetraclc promoter re- fu.sed to cooperate with him on pro- motion and other arrangements. readying "Cradle and All" as his next production ibt Roach, following completion of his current chore, "Here Comes Trouble.".'.. Margaret O'Sheridaji gets the femme lead in "Red River," to be produced by Howard Hawks for Monterey... Mary Ware draws top femme role opposite William Boyd in "Hoppy's Holiday/' fifth of the Hopsilong Cas- sidy series for UA release.v.Cecil B. DeMille inkSd C. Aubfey Smith for top role in "Unconquered" at Paramount ...Douglas Sirk will direct the George Sanders starrer, "Personal Column,'' for Hunt Strom- berg at General Service. William Farnum inked for a char- acter role in "They Walk Alone," to be directed by Richard Wallace at Co- lumbia v. .Raoul Walsh led his "Pur- sued" troupe of 120 back to Warners, after 15 days on location near Gal- lup, N.M.. .Richard Lyon, moppet son of Bebe Daniels and Ben Lyon, draws part in "My Heart Tells Me," his second screen role, at 20th-Fox ...Clarence Brown will double as producer and director on film biog of Robert Schumann, starring Hep- burn, at Metro. . .PRC renting 1,700- acre ranch near Mt. Shasta, in Northern. California, for filming "Red Stallion". ..Jack Holt, former star, signed for role in "Renegade Girl," to be produced by William Berke for Screen Guild Productions. ...DeMille's "Unconquered" troupe wound up its sixth and last location trek, after traveling about 5,000 miles in Pennsylvania, Idaho and California. Republic paid a reported $'100,000 for "Wake of the Red Witch," novel by Garland Roark. Mike Frankovich will produce The Black Widow," third of four clifChangers on Republic's 1946-47 schedule. (3hapter play is slated for a. November start. Charles Bennett, currently script- ing for Universal-International, di- rects the next Laurence Olivier starrer, "The Trial of Madeline Smith," for Two Cities Film Co. in London. Bennett will leave for Eng- land when he completes the screen- play for "Ivy," late in October. John Garfield's first starrer for Enterprise, "Burning Journey," is slated to start Nov. 1, making three pictures in simultaneous production on that lot. Other two will be "Arch of Triumph" and "The Other Love," . . . Costliest picture of the year at Metro, "Green Dolphin Street," went into production on the Culver City lot, after a week on location at Kla- math Glen, with Lana Turner, Van Heflin and Richard Hart in top roles and Victor Saville directing . . . Robert Warwick, .signed for a fea- tured role in Cecil B. DeMille's "Un- conquered" at Paramount , . . Wes- ley Ruggles checked into Universal- International to put the finishing touches on the score for "London Town," which he produced' and di- rected for J, Arthur Rank in Lon* the premises" are continued today practically all of these two crafts employed at the 10 majors ;will have been ousted. . Trouble Started: Sept. ll Trouble started Sept. 11 when: Joseph L. Cambiano, Carpenters' in- ternational representative, notified the producers that on the following day all construction and erection of sets must be performed by carpen^ ters, or such sets would be declared "hot". Producers' reply was: "Unless your members resume the performance of their work imme- diately the undersigned will use every legal and reasonable means to have such work performed by other employees." It was signed by the Columbia, ■ Goldwyn, Metro, Para- mount, Republic, 20th-Pox, Univer- sal, Warners and Hal Roach studios. On Sept. 18 the Carpe. srs defied the producers' ultimatum ordering them to return to work, while the Screen Actors Guild ordered its members to keep on working in case picket lines were established. SAG declared it could see "no merit in allowing 3(1,000 people to be thrown out of work in a union controversy over 350 jobs," and pledged con- tinued efforts to have the AFL set up permanent machinery for the or- derly settlement of jurisdictional dis- putes before they result in work stoppage. Instructions to film play- ers concluded: "In the meantime, and until further notice, you are in- structed to proceed through any picket lines that may be established in this Controversy.•* Wire from Cambiano to the pro- ducers said: "We repeat our position that we stand ready to do all work a.ssigned to us in conformity with the Dec. 26, 1945, directive of the AFL Ex- ecutive Council, .as reaffirmed on Aug. 16, 1946. This directive is bind- ing on all parties. We will not work on any set constructed in violation of the AFL directive. We can only interpret your threatened action as a deliberate attempt to continue to stall meeting legitimate wage de- mands and signing contracts." On Thursday five major studios began hiring lATSE carpenter re- placements, while 12 locals in the Conference of Studio Unions served notice on producers for immediate negotiations on new contracts. Studios hiring replacements were Columbia, Metro, RKO, Universal and Warners. Total of 37 carpenters and five painters on the.se lots were paired off and told to leave th^ premises when they refused to work on "hot sets". On the same day the Conference of Studio Unions sent a wire, signed by Herbert K. SorreH; prexy, to the producers: "The Conference of Studio Unions joins Studio Carpenters Local 946 in the opinion expressed in their tele- gram of Sept. 18, We, therefore, de- mand immediate and continuous negotiations to conclude contracts with all Conference of Studio Unions locals, as was pledged in the interim agreement of July 2.' We expect an immediate answer to this demand, and if it is not forthcoming these locals will take whatever action is necessary to bring negotiations to a conclusion." Schines'MAiuii 2 Years Overdue Gloversville, N. Y., Sept. 24. the current an4 spectacular Post- war Silver Jubilee ot Schine Cir- cuit, Inc., operating 125 theatres in New York, Kentuckyi. Ohio and Maryland, is two years overdue- President J. Myer Schine explai ned in a statement appearing in an elab- orate publicity manual for the month-long celebration that the or- ganization reached its 25th milestone two years ago, but did not think that in wartime it was suitable to cele- brate, a Jubilee. Hence the direc- tors decided to wait until Schine employees had returned from the service and Schine patrons were in the mood to "celebrate with Us." The Schine prexy and his brother Louis W., v.p. ad treasurer of the largest independent chain in the country, launched their careers at the Hippodrome theatre (which had been used as a roller-skating em- porium) in Gloversville. The cir- cuit grew steadily, first in upstate New York and then in the other states named. In the pa.st several years the Schines entered the hotel business on. , a- large :scale. : The- Roney-Plaza, Miami Beach; the Boca Raton, Fla , and the Ten Eyck hotel, Albany, are among the hotels they ' now own and operate, Schine drive, from Sept. 8 to Oct. 5, is reviewed in a 50-page booklet prepared by publicity director Sey- mour Morris. Schine managers de- veloped all the ideas in a series of .<ieven meetings in Gloversville, Syr- acuse, Rochester, Cleveland, Cincin- nati, Albany and Wilmington, Del. The two Schines, Sid Deneau,. new director of theatre operations, Mor- ris, William Kraemer, head booker, and - Maurice Glockner, director of concessions, addressed these. Phoney % SS Continued from page 11 he added, "that the salesmen and managers have to produce, particu- , larly during drives, and -that they're out to build up records by hook or crook." Defense along those lines, it was . asserted, cannot stand up in court and therefor is not frequently raided. In one case, where the E. M, Lowe circuit was named as defend- ant in a suit which charged the filing of false b.o. returns, verbal promises., of sales personnel that the houses , would not be checked was incor- porated in the defendant's answer, it was said. Defense was tossed out by Federal Judge Healey who ruled that it could not be interposed to change the terms of a written con- tract. In this regard, exhibitor attor- neys point out that U. S. laws pro- vide that any conversations made prior to the signinff of a written contract must be included in the pact'.s provisos or else have no weight. Promises of sales personnel, made in inducing a contract, are not binding unless incorporated in. the body of the contract, these at-: torneys say. Metro Clearances Continued from |MEe 11 WB to Remake Trilby' Hollywood, Sept. 24. Remake of George DuMaurier's novel, "Trilby," has been placed on William Jacobs' production program at Warners. Same studio filmed the yarn in 193&, with John Barrymore. ago, Metro was offering its entire 1946-47 product on a one^or-all basis, with candellation privileges granted to the exhib. Under the de- cision, each film is to be contracted for individually but an exhib can sign to take on the entire season's product at once. According to Samuelson, Metro in setting up such a deal reserves the right for the exchange to designate the prices of the pix aftei: the con- tracts have been signed. This "price designation later" clause, he said, means that an old customer will hot be protected in his Metro run .since, if competition develops there in the future, Metro will sell to the highest bidder. Rodgers, . denying the entire re-,, port, emphasized that no contracts, covering the 1946-47 product had been printed yet and so Allied could have no knowledge of any such pol' icy. Only statement made so far, he .said, was in his first general statement, which included no such provision. He pointed out that no pictures for the new season have been offered yet under the one-or-; all basis and, consequently, no sales have been made.