Variety (May 1948)

lama' Noses Out Med City' For Top April Boxoffke Hniors "Naked City" (U) and "I Remem-4 ber Mama" (RKO) fought It out most of April, right down to the final week, for boxoffice honors, "KTama" finally copping first place In the national-race, according to reports from Variety correspond- ents covering 22 key cities, "City" finished a strong (Second for the second month in succession. "Mama" chalked up sturdy to smash business In nearly every spot played, overcoming-handicap of its. length even where forced to play solo. . The RKO opus won top coin in three weeks out of four, being aided by six weeks at Radio City Music Hall, where so far it's been the.house's biggest grosser of 1948. "City" was among the top six Ta. 0. leaders in all foiu: weeks of the past month.' Film failed to do big to sock weeks in only a very few places. Its strength i^ to be emphasized despite its lack of RKO theatre circuit dates played |jy "Mama." Burst of strength in the final week of April enabled "Big Clock" (Par) to wind up in third spot. Par. pftiduction ended final week of month in first position, way ahead of nearest b. o. rival. It tvas in the Big Six list 4f favorites two .other' weeks, and seldom dipped below okay rating. Right behind was "Sitting Pretty" (20th), which was on the high 10 boxoffice list of March. This comedy made a remarkably fine showing in more than 35 keys covered by Variety last month. 'April Showers' Fifth^^ "April Showers" (WB) finished In fifth slot, not only showing, steady to solid business in Warner circuit situations but in numerous. Other theatres. Fairly inexpensive musical is taking in more coin than company anticipated. ' . Sixth .place was Copped by .-•Miracle of Bells" (RKO). Film got into full stride-near the end of the month after an uneven start. "Saigon" . (Par) ended April in seventh position. "'Unconquered" ■ (Par), around beys, on popHSCale. dates, landed money while "Three tHiring Daughters" iM-G) was .On strength of showings in final week of month, "Casbah" (U) copped 10th. "Gentleman's Agree- ment" (20th),. which was first-place winner in March, ended in 11th place while "Qouble Life" (U) won last plac6 in-the dolden Dozen. Pacing runnersup, in order of ac* tiial money and shewing in various keys, are "B. F.'s Daughter" (M-G), "Bride Goes Wild" (M-G) "Mating of Millie" (Col) and *Scudda Hoo" (20th). "Winter llffeeting" (WB> started out spottily but managed to show up fairly well in the final we«k. Of the pictures Itrought Out to cash in on Academy Awards, only "Agreement" really measured up to liopes. "Double Life" obtained added dates on strength of Ronald Colman's Oscared performance in the picture thereby enabling the picture to get. into the circle the month's 12 b.. o. champs. New Product Uneven New product launched, during the month, but only getting a tev) prelim playdates, was uneven box officewise. "Fort Apache" (RKO) "State of Union" (M-G) and "All My Sons" (U) thus far have hinted greatest potentialities. "Arch of Triumph" (UA), which did very well on itreem week in N. Y., ap- parently has yet to be tested in other cities. "The Search" (M-G), currently having a nice fun in N. Y., is still rather unpredictable as to box- off ice. possibilities. Probably the biggest disappointment for April is "To the Victor" (WB). "Sainted .Sisters'* (Par) also spottily. "Panhandle" (Mono), another newcomer, hinted nice money pos- sibilities in final week of April, particularly where extra ballyhoo effort was put behind the picture. "Are You With It?" (U) thus far has not indicated smash prospects "Lady From Shanghai" (Col) looks uneven to date. "Woman in White' (WB) shapes up only lukewarm so far. "Strawberry Roan" (Col), an other April newcomeri did sock in its Baltimore preem. "Duel in Sun" (SRO) showed nice results in several playdates on pop-scale near the end of April April's Golden Dozen 1. "Remember Mama" (RKO). "Naked City" (U). "Big Clock" (Par). "Sitting Pretty" (20th). "April Showers" (WB). 'Miracle of Bells" (RKO). "Sai?on" (Par). "Unconquered" (Par)- "Daring Daughters" (MtG). "Casbab" (U). . Gentleman's Agreement'' (20th). "Double Life" (U). 2. 3. 4. 5. 6. 7, 8. 9. 10. 11, 12. FiimStoc^h Post-DedaoB Dip Supreme Court anti-trust ruling, announced Monday (3) afternoon, brought moderate selling in major company picture shares on the N. Y. Exchange yesterday (Tues.), despite firm tone in most sections of the market. Film> shares didn't react until yesterday, despite the. fact the decision was announced before the market's dose on Mon- day. A majority of film issues moved up with'-other' shares in that day's trading. . . . Difficulty of deciphering the legalistic technicalities of the de- cision apparently caused the de- layed reaction. Since the decision indicated at least partial divorce^ ment. Paramount, which would be most heavily. affected, showed a fractional loss Monds^r,' but was the only one to do so.- 'Worst losses at bottom Tuesday were *around points. • ■ / ■ Attention focused on the Su- preme Court's cte<sslon Was at- stocks in the .geneM decline of (Continued oH paige 31) of up Enrollment Cut Brings $120,020 3^PRP Deficit Hollywood, May 4. « Revenues for the Motion Picture Relief Fund through the payroll deduction plan have dropped .to little more than 20%, according to George Bagnall, chairman of the MPRF Silver Jubilee drive. This decrease, along with increased re- sponsibilities, has caused a deficit of $120,020. Current campaign is aimed at rounding up new subscribers and to spread support of the fund more completely over the. industry. To- tal of 7,924 needy cases weife aided in 1947. Joe Schenck Awaits ^ (lise^ Probe a New Weapon By Majors in Fighting Trust Snits Al{ierson Back to Coast Edward L- Alperson, indie prO' ducer for 20th-Fox, returned to the Coast from New -.York over the weekend, after a fortnight in the east. He's planning to start cast- ing his next pic, formerly liibeled 'Rose of Cimarron." He was in New York on an ap- peal to the Motion Kcture Assn. of America board for right to use the "Rose of Cimarron" title. Metro objected because of conflict with Cimarron," rights to which it owns, and was upheld. Before Buying Theatres Hollywood, May 4. Supreme Court decision regard- ing divorcement was just as un- clear to Joe Schenck as to the rest of the industry. Awaiting the de- cision to determine whether or not he'd leave 20th-Fox to concentrate on the theatre business, he said la^t night (Monday): "The decision in no way hurts or helps my problem." He added that he'd have to await further in- terpretation by the lower court be- fore he makes up his mind. Production exec has a deal pend- ing for purchase -of Mike Naify's Golden State and United Call-: fornia circuits on the Coast and- may move into active management of the U'nited Artists Theatre Cir-, cult, of which he's" prexy. He was planning, to leave 20tb U the court ruled for divorcement, enabling him to add present majbr company theatre holdings to the circuit he has already lined up, MTAAfatoH^onlts Mik Rdatioiis Drive FubUc relations.drive o£ the Mo- tion" Picture "Assn. of 'America stepped into high gear this week as top MPAA execs were sched- uled to push the film industry be- fore 10,000 women at a series of national conferences. Eric John- ston, MPAA prexy, throws the opening pitch today (Wednesday) at a four-dsQ^ session of the Family Life Conference in Washington over which he'll preside. Arthur De Bra, director of the MPAA's department of community relations, will speak later this week at the Missouri Federation of Women's Clubs in Springfield, Mo., on "Films and the Iron Curtain." MPAA wiU also be represented at the New York Federation of Music Clubs at their general meeting in N. Y.-City. Johnston is also slated to address the General Federation of Women's Clubs in Portland, Ore., at the end of the month. Majors Score in Bujff 7 Majors feel they won a very significant point in the Rivoli theatre anti-trust case in Buf- falo last week, aside from the directed verdict of acquittal. Justice Harold Burke in Fed- eral court held that the big in- dustry suit now pending be- fore the Supreme Court does not put a stop on the statute of limitations. Rivoli attorneys claimed that the filing of the all-in- dustry action in 1938 put a halt from then until the final decision comes down on the normal six-year working -of the statute of limitations. That would have allowed the Rivoli- to file damage actions for each year back to 1932. Justice Burke 'ruled that the statute applied despite the industry . suit and thus the Rivoli could claim damages only from 1941 to 1947, when it fij,ed its action. Decision obviously is highly important as regards other exhibs, such as William Gold- man in Philly, who could like- wise make claims all the way back to 1932 if the statute of limitations was , inoperative from 1938 on. bn^ct on U.S. Social Fabric To Be AnaM in CBS Docomentary Full-hour documentary radio treatment of the film industry is being prepared by the Columbia Broadcasting System for some time in June, Three members of the CBS documentary unit staff have been interviewing film execs in Hollywood, New York and Wash- ington for the past several months and a researcher for the network has been worldng in hinterland film exchanges to get first-hand knowl- edge of the industry. Show, under direction of Robert Heller, chief of the documentary unit, is one of four being planned on informational media. Others to follow will be on magazines (fo- cussed on Time, Life and Fortune), hinging on when each, show is ready for the air. Heller estimated last week that his unit would spend about $8,000 in researching, writing and produc- ing the analysis of the film Indus try. That's aside from the cost of sidetracking a top commercial show to get the documentary on the air at an optimum time, such as the 8-9 p.m. slot on a Thursday. The Heller documentaries are con- sidered by CBS one of its foremost public service features and the cost of ousting a sponsored program in its favor sometimes shoots the budget to $60,000, Heller said. Treatment pf the film industry will no way be a glamor or fan mag proposition, CBS exec de- clared. It WiU also not be critical of Hollywood in the carping sense. Heller explained, although it will be highly analytical. It is cus- tomary also in the unit's treatment of .an industry, he said, to point out avenues to Improvement. He gave assurances that both sides will -be presented on any controversial points. "We will attempt to get at the creative and social decisions—and the reasons for them—which deter- mine the selection of subjects and the content of American films. Heller explained. "We will attempt to probe, for instance, the effect of films on imp.ortant authors, whether audiences are articulate beyond their patronage or lack of patronage of a particular film. What the audience's concept of Hol- lywood is and Hollywood's concept of the .audience and, in general, what the industry means in the so- cial fabric of America." , Motion picture people have been curious, but cooperative, when members of his staff hit them. Hel- ler said. Heller himself started the research and* the project in a talk with Eric Johnston, prexy of the Motion Picture Assn. of Amer- ica, four months ago. Since then, the show's writer, Peter Lyon, has spent 3V^ weeks in Hollywood and researcher Ruth Ashton has been working in out-of-town film com- pany branches^ A m o n g other things, she has attended • company sales meetinc. Tnunbo Case To the Jury Washington, May 4. Winding up seven days of argu- ment, government's case against screenwriter Dalton Trumbo for contempt for Congress goes to the jury tomorrow (Wednesday). De- fense and prosecution counsel wiU sum. up tomorrow morning in the second of 10. Government actions being brought against the Holly- wood figures who failed to answer a . Congressional committee's in- quiry into their alleged Commu- nist affiliations. Louis B. Mayer, Metro's produc- tion chief who has been cooling his heels in the east for seven days due to a defense subpoena, took the stand today for several minutes but was not permitted to answer any questions. Efforts of defense' counsel Robert Kenney to get Mayer to enumerate the various pix scripted by Tnunbo y/ete con- sistently overruled by the court as . "irrefjBvant."- Kenily, however, managed to name "30' Seconds Over Tokyo" and "Our Vines Have Tender Grapes" as Trumbo pifc tures before he was stopped. Trumbo's other counsel, Charles Houston, scored a point when he was permitted to question Robert Stripling, chief counsel for the House Un - American Activities Committee, on the committee's re- fusal to permit cross-examination of witnesses who had branded Trumbo as a Communist during the hearings. Similar questions had been ruled out in the John Howard Lawson trial. Houston succeeded in bringing home to the .jury the fact that other Congressional com> (Continued on page 24) Buffalo, May 4 The majors took the wraps off i brand new flxe-fighting techniou* in the Rivbll $3,000,000 anti-trust suit y^hlch attorneys think will pav off in spades. It was tried out" tentatively in the recent treble* damager brought by B. R. McLen. don against- the distribs in Dallas but got its first real workout la the Rivoli case, which a jury tossed mt after weeks of triaL The new weapon is to look for percentage chiseling as standard operational procedure when an anti-trust suit is filed. V Of course, it doesn't mean that every suing exhib has laid himself wide open by knocking off digits when reporting his gross. It doc? mean that no theatre op is safe in bringing monopoly suits if his books can't stand scrutiny for possible percentage chiseling. Rivoli case had its turning point- in evidence that the management liad been under-reporting its take on pix. That testimony was intro- duced by the majors to di^criadit the house's books so that they couldn't serve as a basis for. dam- ages. There was also evidence that incorrect b.o, figures were used to obtain lower flat rentals. Evidence was introduced that 18,000 duplicate tickets had been bought from three different sup- pliers, of the pastecards. On the percentage - chiseling charge, dis- tribs came <forth with, indicia that dditional bank deposits were made on days when percentage films were played. Theatre's booker ad- mitted that tickets were bought from more than one supplier and were unaccounted for either in b.o. statements or in the books of the corporation. . Major company legalites said, following, the trial, that the new defense would be used henceforth as a-matter of course. It was never even thought of before the McLen- don case, in which it was hit upon through sheer coincidence. In that suit, which ended in a dismissal about a month ago, the whole legal Jiassle started when majors demanded to examine the exhib's books. In retaliation, though suit was probitbly in pre- paration before the - demand was madCj McLendon brought his ac- tion. Majors, nonetheless, went ahead with their examination and during trial introduced some evi- dence, of under-reporting on per-* McLendon case is on appeal on auestions of law. The half-try in that casC' translated itself into an all-out effort in the Rivoli opera- tion* and tactics along the same lines for future litigation. Listening in at the Rivoli hear- ings were reps of the Internal Revenue Dept.,. who annotated the high spots in tax ramifications of the duplicate-ticket evidelnce. N. Y. toL.A. Edward L. Alperson Bill Blowitz Charles Boyer • Al Buffington Jacques Chabrier Humphrey Doulens Charles Einfeld James L. Faichney Hy Gardner . Johnny Green Edmond Greville Robert Guillemond Thomas Heggen David Hopkins Efrem Kurtz Charles Laughton Patricia Neal Norma Shearer, Harry Sobol James Stewart Robert Taplinger N. Y. to Europe Hilton Edwards Ben Henry Martin Kosleck Michael MacLiammoir Oliver Rea Bob Topping Lana Turner Lou Walters L. A. to N. Y. Sara Allgood Henry Alter Henry Backus Irving Berlin Benedict Bogeaus William Cagney Ken Carpenter > Charles Chaplin Sherrill Corwin George Cukor Melvyn Douglas Irene Dunne . Gracie Fields Norman Freeman Henry Gondel Benny Goodman Ed Hatr'ick Heniy Herbel Karl Herzog Sol Hurpk Art Jacobs Al Jolson OscaroLevant Catherine Littlefield Paul Lukas Groucho Marx Oscar Morgan Robert Nathan Rodney Pantages ' William Pine Robert Ryan Jean Sablon Albert Sharpe Bob Sidney George Stevens Harry Warner George Yohalen Joe Yule Europe to N. Y. Mady Christians Theresa Helbum Bengt Janzon ' Marion Jordan Arnold Pressburger Marjorie Reynolds Robert E. Sherwood Alec Waugh