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PICTURES PSlSiEff Wednesday, August 6, 1947 New Jersey Allied Urges All Exhibs To Resist Upped-Price Demands Allied Theatre Owners of Newf Jersey, taking up the cudgel lor ex- hibitors throughout the U. S. against the current stream of films for which producers are demanding upped admission prices, have issued a proclamation urging exhibs to "re- sist all attempts" by distributors to sell their pictures in this way. Pol- icy, according to Allied, is both "harmful and shortsighted." Although the anti-trust decree specifically forbids' the setting by distributors of any minimum admis- sion prices, recent stay of the de- cree has resulted in a flock of pro- ducer-distributor demands for such terms. New trend was led off by Samuel Goldwyn for his "Best Years of Our Lives" and by David O. Selznick for "Duel in the Sun." Now 20th-Fox has announced it will ask^ upped admission scales for both" "Forever Amber" and "Captain From Castile," and other majors are fol- lowing the same lines. Warners is reportedly mulling the possibility of seeking such *a deal for "Life With Father," Metro might ask the same terms for "Green Dolphin Street" and RKO is considering such terms for "Mourning Becomes Electra." Allied has based its proclamation on the belief that such increases arouse "considerable illwill and dis- satisfaction" among theatre patrons. Latter, it's claimed, either can't af- ford to pay more mbney or "pay it under protest because they don't get the benefit of proportionate reduc- tions from the usual scale for in- ferior productions." Smalltown ex- hibs get the brunt of this illwill be- cause they're usually on close per- sonal terms with their patrons and the latter don't understand that the exhibs themselves don't boost prices. Allied also takes exception to the upping of admission scales on the assumption that such scales give dis- proportionate pictures of high gross- es In key theatres. These "false" gross reports, it's claimed, thus make all theatres and exhibitors a "natu- ral target" for new admission taxes whenever a city or state government begins casting around for new sources of funds. Waller O.O.'s Wash. Tom Waller, who took over as New York public relations rep for the Motion Picture Assn. Monday (4), goes to Washington next Mon- day (11) to spend some time there familiarizing himself with the opera- tion of MPA's g.h.q. Waller, formerly chief flack for United 1 Artists,' succeeded Glen All- vine at the MP A. He'll huddle in Washington with Ken Clark, MPA's overall public relations topper. UA Staff Changes By Sears Seen Held to Minimum tin To Be Decided This Wk. Decision on whether Metro's "Green Dolphin Street" will be road- shown or played at regular admis- sion prices is expected to be made during the next few days as the" results of huddles now . in progress at the homeofflce among Metro prexy Nicholas M. Schenck, veepee over sales William F. Rodgers, "Dolphin" producer Carey Wilson and studio exec producer Al % Licht- man. Lichtman and Wilson arrived in New York from the Coast Monday (4) with the first roughcut print of • the picture, which was screened for Schenck and Rodgers Monday after- noon. Wilson has reportedly asked that roadshow terms be established for the film, which was budgeted at a reported $3,750,000. Film, co-star ring Lana Turner and Van Heflin. is an adaptation of a last-year Metro -prizewinning novel. Grant Rank, EL Delay J. Arthur Rank, Rank Organiza- tion and Eagle-Lion on Mon- day (4) were granted an exten- sion until Sept. 2 by N. Y. Federal Judge Alexander Holtzoff to file answers in connection with a N. Y. federal' court suit brought against them by Empire-Universal Films and United World Pictures of Canada. Plaintiffs' action sought to declare their rights to exclusive dis tribution of Rank Pictures Jn Canada and Newfoundland. Also named as defendants are General Cinema Finance Corp., In- ternational Pictures Corp., Uni- versal, William Goetz and Leo Spitz. In addition. Rank is also being sued for $1,000*000 damages for allegedly inducing the other defend ants to beach an "exclusive" con- tract made by the plaintiffs with United World Films and United World Pictures of U. S. Latter, a Rank affiliate, is another defendant. Naming of Grad Sears as prexy and Arthur W. Kelly as exec veepee of United Artists by the company's board in New York yesterday (Tues- day) is-expected to set off a chain reaction of switches, resignations and promotion of personnel. There was a general sigh of relief, however, among UA staffers from coast to coast with the appointment of Sears, since personnel changes, it is figured, will be at a minimum as compared with what would have happened had outsiders taken over the company. Nothing . more definite than "thought on the subject" has taken place so far on the exec changes. There's,no doubt that they'll be com- ing within the next month, however, despite anticipated assurances—natu- rally, for the sake of company mo- rale—by Sears at a press confab to- day (Wednesday) that few If any changes will be made. Most important appointment Sears will have to make is of a distribution topper \o at least partially fill the spot he is vacating to take he presi- dency. Sears is expected to con- tinue a close interest in the sales department, but nevertheless strong hand will be needed at the helm without the distractions -of other company affairs. Possibility is seen that Sears will hand added authority and responsi- bility to Joseph Unger, present salesmanager. However, more likely if a willing and able exec- can be found—is the possibility of bringing in a sales chief from the outside. Another switch considered very likely is the upping of Paul-Lazarus Jr., from publicity-advertising chief to assistant to the president. LaZarus and Sears have long been .close friends, and Lazarus' excellent rec- ord in the pub-ad department started talk months ago of his promotion Foreign department is certain of a shakeup, with Kelly taking over its supervision. Kelly formerly headed it, with Walter Gould, who now is foreign manager, succeeding him. Gould's future with the company is uncertain. He has a contract 1949, but whether he will stay on Under the Sears-Kelly regime ap pears in doubt. He and Sears have long failed to see eye-to-eye. Possi- bility is seen of H. W. Schroeder, foreign salesmanager,' being given added responsibility under Kelly direction. While no definite steps have been taken, either, in regard to UA's Brit ish topper, David Coplan, it appears certain that he is resigning. As re ported in Variety last week, he is organizing a British production com- pany with Sir Edward Villiers. Kelly is expected to make change; right down the line and on a broader scale than the domestic department. De Fore May Play Babe Hollywood, Aug. 3. Don De Fore is top contender for role of Babe Ruth in Allied Artists' biog of the Bambino. De Fore's last stint for AA was "It Happened on Fifth Ave." Painters Back Sorrell In Producer Talks Hollywood, Aug. 5. Painters Local 644 gave Herbert Sorrell, business agent of the local and prexy of Conference of Studio Unions, a vote of confidence to co tinue negotiations with the Produc ers Labor Committee. It also ordered the labor committee's "back-to work" order of last week (28). Counter-proposal, which Sorrell and the negotiations committee are now instructed to .offer, is for signed contracts, return to work of all picket-line observers and same pay raises for "latter that have been granted other workers. Sears UA Prez s Continued from page 3 stalled the company. Miss Pick- ford and Chaplin have almost auto- matically adopted opposing views. A vacancy is left on the directorate by resignation of Edward C. Raftery, who is also stepping out as UA prez to return to his law practice. A num- ber of changes are expected in the board shortly in keeping with plan of the owners to reduce the lawyer membership in favor of, "film en." Sears appointment is until the an- nual stockholders' meeting next spring. It is by no means an in- terim or temporary move, however, and it is anticipated the arrange- ment will be renewed. However, of course, if UA tradition persists, any- thing can happen by that time. Raftery's appointment was an in- terim affair—and it went on for six years. Kelly's and Sears' relationship is expected to cause no difficulty, since there's no doubt who's boss, and Sears has that decisive vote on the board.. Kelly is'also a. member of the directorate. As well as being in charge of the foreign department he will undoubtedly be active in the financial end, as he has good bank- ing connections. He'll also perform as watchdog for Chaplin's-interest in UA, as he has long been close to and represented the ' producer - owner. Miss Plckfords closest parallel on that score Is Bagnall. Kelly, British-born and long ex- perienced in foreign sales, will shove off for England as soon as he gets his passport straightened out. He'll try to clear up the dif- ficulties with J.. Arthur Rank which are keeping UA product from the Rank-UA-owned 1 circuit. Kelly for- merly repped Rank In the U. S. Sears' appointment came , last week when Miss Pickford and Chaplin got together In .the same rboni for the first time since early last spring. Realizing after months of fruitless talk and negotiations on bringing in a prexy from outside or selling the company, that they had to make a now-or-never move to save the rapidlydeteriorating pieces of UA, they took the anti-climactic step of upping Sears. A sidelight of the bitterness be- tween the owners was failure of the final move, before naming Sears, to get Joe Schenck to run the com- pany's affairs on a volunteer basis. Schenck had Miss Pickford's proxy to operate the company, but Chaplin refused his. Reason for Chaplin's nix is understood to have been pique at the news of Miss Pickford's action in regard to Schenck leaking out before Chaplin knew anything officially about the Schenck deal. rj New Advertising Code to Be First Step ~~ By Films in Fighting Industry Smear Graetz In From Paris Paul Graetz, French producer, arrives in New York from the Coast today (Wednesday) and heads for Paris in a few days. He has been in huddles with Universal-Interna- tional on a production deal for the U. S. and France. He recently com- pleted "Le Diable au Corps" in Paris with U financing. While on- the Coast Graetz also made a deal'for Elliot Paul to write the English subtitles for "Diable." Pickford Atty. Denies Rift With Chaplin Emphatic denial ■ of a much-pub licized bitter split between United Artists owners Charles Chaplin and Mary Pickford over recent negotia- tions for sale of the company was made by Arnold Grant following the UA board meeting yesterday (Tues- day). Grant is Miss Pickford's at- torney and represents her on the directorate He declared: . "With the election of Grad Sears as president and the taking of other forward steps to insure the progress and place in the sun that United Artists has always had and always will enjoy, it appears advisable to clean up a number of misconceptions that have arisen from gossip, rumors and inaccurate stories in recent months. "The only negotiations looking to the sale of the company that have taken place were those with the Fabian-Semenenko group. These ne- gotiations proceeded in orderly and constructive fashion for a period of about seven weeks and ultimately dissolved because Of insurmountable tax problems. At no time was there any conflict between Miss Pickford and Chaplin in regard to these nego- tiations. There were no other offers considered or discussed. "With the full cooperation and en dorsement of the owners, Mr. Sears undertakes his duties as president and has the odd vote on the board of directors. Any stories as to cur- rent policies or moves by the man- agement are completely without foundation and are gossip or rumor unless they emanate from the only sources of information that UA will have from this point on. namely, Mr. Sears and the UA publicity depart- ment" Boost in Quality Aim of UA in Coin Aid to Its Indies Production fund which United Artists hopes to have at its disposal for aiding indies distributing though it is aimed as much at improving quality of the pictures it releases as insuring a regular flow. Emphasis on quality was pointed up by George Bagnall, v.p. in charge of production, on the Coast Monday (4). He de- clared: 'If you get 15 big pictures, you don't need 25 medium ones. We're definitely out after more important proprieties." Grad Sears, who acceded to the presidency yesterday (Tuesday) also declared that the company was willing to offer second-money financ- ing for "real quality production only." With coin in pictures, UA will, of course, have say over talent, stories, general production, timing, etc. The $5,000,000 which has been bandied about as the size of the revolving fund is pretty much a figure pulled out of the thin air. There's a con- siderable way to go in negotiations with the banks before the loan of its size are set. Motion picture banking sources contacted yesterday said that they thought it entirely possible that NA could raise such a fund for second- money and end-money loans to producers, but it would have to be pretty much on terms the banks dictate. It would depend on the security the company could offer. "There are so many headaches-in the independent production field at the moment," one banker said, "that we would naturally be more than cautious in any such loan to UA. For the same reason that regular sources of second-money and end- money have dried up in recent months, we'd want unusual security in making loans of this type." Sears declared over the weekend that producers would be financed by UA on profit-participating deals from 10% up, with no maximum. Reports that the company would dis- tribute only pix in which it had a financial investment were said to be untrue, since it would be un- likely that UA would refuse to re- lease such a film as "Arch of Triumph," for instance, because the producers wouldn't accept its coin and offer apiece of the pic in return. METRO RELEASE HYPO DELAYED TWO MONTHS Despite Metro's announced plans to boost the number of monthly re- leases concurrently with its ex- panded production, the release step- up will not be effected for at least another two months. September and October release schedule comprises only five films, about the same num- ber that have been issued in each previous two-month period. Three pictures are to be released next month, topped by "Song of the Thin Man," starring William Powell and Myrna Loy. This will be fol- lowed by "Unfinished Dance," star- ring Margaret O'Brien and produced in Technicolor. Last release for the month is "Arnelo Affair," with George Murphy, John Hodiak and Frances Gifford. October will see "Song of Love," starring Katharine Hepburn, Paul Henreid and Robert Walker, and v Mefton of the Movies," starring Red Skelton. Irate at the manner in which the entire industry is smeared with bad publicity whenever a single person or organization within the industry pulls a misdemeanor, film officials are expected to use their newly- revised advertising code as the first step in a fight-back campaign. Putting more teeth into the code still won't insure proper control over those producers and exhibitors not subscribing to it, it's pointed out. Chief reason for revamping the code, consequently, is to take the onus off the bad publicity continually being heaped upon the industry. This will be done through ballyhooing to the public the fact that the major part of the industry has always attempted and will continue to attempt to keep its ad-matter clean. Indications that such a public relations campaign might pay off was furnished by the tremendous amount of space given by the daily as well as trade press to last week's announcement that the code had been revised. Broadened code was devised by the industry's advertising advisory council, under chairman Charles Schlaifer, 20th-Fox publicity chief, and was unanimously adopted by the Motion Picture Assn. board last Wednesday (30). Fact that the ad- publicity directors themselves, who would be most likely to seek more leeway as a better means of selling their product, were the ones.who recommended the changes is ex- pected to form one of the chief pegs on which the public-education cam- ' paign will be hung. What further form the campaign will take has yet to be made known. Any time film advertising again draws fire from reformists, though, the industry can be expected to point to the code as evidence that the fire has been misdirected. If MPA member companies live up to the code, it will be proved that film advertising is much milder than, for example, the ads plugging intimate women's apparel or some highly- suggestive perfume. To this end, industry officials cite the fact that what's in the code is secondary to how the code is en- forced. Gordon White, who super- vises its administration for»the MPA, is expected consequently to crack down on any ad-publicity matter that might be considered on the fence. New teeth inserted into the coda follow closely the attempts to strengthen its enforcement through an attempt to clarify some of the points heretofore left to the majors' discretion. New code, for instance, lists specifically those forms of ad- publicity that are to be guided by its overall principles, including even radio copy. Special significance, moreover, is placed on the fact that the new code states strongly -that film advertisers "shall be guided by" provisions of the Production Code relating to use of liquor, where the old code cautioned advertisers only to "bear in mind" those provisions. DESIGNERS VOTE TO REMAIN WITH CSU Hollywood, Aug. 5. •■■ Screen Set Designers voted to stand by the Conference of Studio Unions and turned down a bid by the producers to enter negotiations as an individual union. Major lots had proposed that the designers make themselves available for studio jobs, as the work occurred, while negotiations were being carried on fo'f a new contract. LaCava-Pickford Suit Taken Under Advisement Los Angeles, Aug. 5. Gregory La Cava's $1,653,750 breach-bf-contract suit against Mary Pickford was taken under advise- ment by Judge Elmer W. Heald in L. A. superior court. Jurist indicated that a final ruling in the case may be delayed for sev- eral months. 'Unconquered' Bow In London Sept 12 Hollywood, Aug. 5. The world - premiere of "Uncon- quered," Cecil B. deMille's Para- mount tinter, has been set for Sept. 12 at the Carlton, theatre, London. Producer sails on the Queen Mary Aug. 27 for the preem. American debut will be held Oct. 3 at Loew's Penn, Pittsburgh.