Variety (March 1953)

namig S WdneMfiTi Miitk 4, 1953 r r™ 1 1 1 British Exhibs Concerned Over H’wood Prod. Cut, Rank Exec Reveals Urge H’wood’s 3-D Unity Approach Follow RCA’s Share-TV-Weakh Slant British exhibs are concerned over4- any possible tapering off in Holly- wood production, Kenneth N. Har- greaves, managing director of Gen- eral Film Distributors and assistant m d. of the J. Arthur Bank Organi- zation, said in N. Y. Friday (27). After a vacation in Florida and a trip to the Coast, the Rank exec expects to return to London March 24. Hargreaves is here to o.of recent developments in three-dimensional and wide-screen pix. He discussed Cinemascope with 20th-Fox execs but said he couldn't comment on it until he had seeh it in action on the Coast ‘Bwana Devil," the Arch Oboler pic lensed in Natural Vision, is due in four of Rank’s Odeon houses March 19 for what Hargreaves de- scribed as “an experimental run." Polaroid glasses are being imported for the “Devil" run. British film biz is down, partly because of bad weather and TV’s inroads, according to Hargreaves. While exhibs have applied for spe- cial theatre TV channels and stand a chance to get programs when sponsored TV is authorized; short- ages of material will prevent estate lishrfient of such circuits for some time, Hargreaves said. Meanwhile, the 2,000,000 video sets now in- stalled are making themselves felt. Good pix still rake in the coin but “average programs don’t do aver- age business,” he stated. Rank exec emphasized that, de- spite the natural preference of British audiences for quality local productions, exhibs still depend heavily on U. S. pix, and that they were disturbed over reports that Hollywood might reduce its output. Theatre Circuit’s 750G TV Splurge Kansas City, March 3. The first license to operate a television station in .Wichita has gone to a theatre circuit with headquarters in Kansas City, Mo. Edward D. Durwood and Stanley Durvvood, father and son and heads of the circuit, last week were revealed to be the principal backers of the C.W.C. Co., which was granted a license by the FCC to operate a station on UHF Chan- nel 16 in Wichita. The CWC company Is expected to invest more than $750,000 in the project. The Durwoods own 85% of the stock in the company. The balance of the stock is owned by the Beacon Broadcasting Co. Wichila, which last week withdrew an application for a separate sta- tion in Wichita. Stanley Durwood is directing the work of constructing the new station, aiming at a May 1 opening date. The circuit has theatres in several cities in Missouri and Kan- sas and also ’ operates drive-in theatres. Ready Motion to Dismiss ‘Moulin Rouge' Suit As* Tried in Wrong Court’ Los Angeles, March 1. Charles A. Loring, defense attor- ney in the $5,000,000 suit brought against the “Moulin Rouge" film by operators of the Paris cafe of that name, will j^sk Federal Court to dismiss the case oh March 9. . Defense contends the court lacks jurisdiction, since the dispute is basically between a French firm and Romulus Film Co., Ltd., a British film production company. Another contention is that a trade- mark cannot exist with reference to the cabaret business in this country, and that even if it exists in France, the recognition of it here would be to give extra-terri- torial effect to French law. * M-C Sets Precedent in OK Of Barry Sullivan Vidpix Hollywood, March 3. Marking a precedental step for a major picture studio, Metro has granted its exclusive pactee, Barry Sullivan, the right to topline a teTepix series. Previously, some majors had granted video rights to thesps pacted on one or two pix a year deals, but that is the first time a major has given an exclusive player the right to ap- pear in vidpix. Sullivan was before the Revue Productions cameras at Republic over, the weekend, starring in an untitled dramatic series. Bob Fin- kel directed the pilot, which was penned by Lawrence Kimble. Newbery Named As Successor To Grainger at Rep London, March 3. New veepee and* sales chief of Republic Pictures *is C. Bruce Newbery, it was disclosed here yesterday (Mon.) by company prexy Herbert J. Yates. He suc- ceeds James R. Grainger, who re- cently was released from his em- ployment contract to head RKO Pictures. Prior to Yates* announcement persistent trade reports indicated that Newbery would be named to the sales berth. Meantime, it’s an- ticipated that Newbery will leave for the New York homeoffice within the next 10 days to assume his new duties. Yates also appointed Reginald Armour to Newbery’s old post as veepee and chief executive officer of Rep's British organization. He formerly was Far East supervisor for the compjfLny. At the same time Richard G. Yates, who previously )t was Grainger’s assistant, will take over a similar chore under New- bery. , Personnel shifts, prexy Yates said, are in line with his policy of upping men from the ranks. Upon his return to N. Y. next month the Rep topper will attend several re- gional sales conclaves with New- bery throughout the U. S. Similar sales confabs in Britain are being set up by foreign chief Richard W. Altschuler, who’ll accompany Ar- mour in the round jof sessions. RKO Must Pay 375G For Reneging on ‘Appointment’ Los Angeles, March 3. For breaking an agreement to produce “Appointment in Samar- ra," RKO was ordered by Superior Judge Joseph W. Vickers to pay $375,000 and legal costs to Gold Seal Productions. Plaintiff had sued for $2,125,000. Gold Seal declared RKO had agreed to make the film, based on the John O’Hara novel, and pay the indie $125,000 for film rights plus 20% of the profits. Testimony showed that the studio had gone so far as to announce Gregory Peck as star of the film. In announcing his decision, Judge Vickers said there was probably “no comparable case in the industry,” 20th’s 25c Divvy Quarterly cash dividend of 25c. per share on the outstanding com- mon stock was declared by 20 th- Fox last week (26). Dividend is payable March 28, 1953, to stockholders of record at the close of business March 10. By MIKE KAPLAN Hollywood, March 3. After 19 years of rigid self-regu- lation^the film industry apparently is ready to drop the Production Code Authority. No announcement has been made, and actually none is expected, but there are definite signs that the industry feels the Code has outlived its usefulness. More importantly, however, the Code no longer has the weapons at its command to enforce its deci- sions on product. Divorcement has ended the ties between exhibition and production branches of the in- dustry, and the studios are no longer obligated to see to it that their theatres book no product which fails to carry the PCA seal. What may be a major test of the booking potential of a film lacking the PCA seal may come up this summer when the Otto Preminger- F. Hugh Herbert production of “The Moon Is Blue” is released by United Artists. Thus far, the film, only recently completed, has not been offered to the Breen office for approval or revision. -It’s con- sidered likely v however, that the comedy will noT be granted a seal. In preliminary discussions, before filming of the legit hit actually got underway, it's understood that the Breen office told the producers that the script would be unacceptable if it followed the stage version. There is a PCA regulation about “treating sex as a comedy.” Preminger and Herbert, however, (Continued on page 12) A Harried Jessel A dissident stockholder planning legal harrassnjent against 20th-Fox buttonholed George Jessel and tried to en- list him on the false theory that the ex-20th producer would “tell all” on Darryl Zanuck, his longtime boss, Jessel parried: “You’ll have to excuse me because right now I’m tired from fighting my other crimes, such as stealing the Lindbergh baby and being the brains of the Brink’s stickup.” Bank Seeks Foreclosure On Two Roberts Films Los Angeles, March 3. Foreclosure suit seeking $408,- .840 on promissory notes was filed against Roberts Productions, Inc., Dubois Co., Inc., and Abraham Polonsky by the Bank of America in Superior Court. Films involved are “Force of Evil” and “Body'and Soul.” Plaintiff declares Roberts exec- uted a note for $908,776 at 4Vz% interest, the security being “Tuck- er’s People,” later called “Force of Evil.” In a subsequent transac- tion, Roberts pledged all rights to “Burning Journey,” later known as “Body and Soul." In addition to the unpaid balance and dispo- sition of the' two films, the bank asks $2,600 yi attorney fees. Exchanges Would Be Shut In 5 Cities To Slash Costs Film exchanges in at least five cities would be shuttered in a dis- tribution streamlining program be- ing advanced by some major com- panies. The program, designed to cut costs, has been brought up be- fore various meetings of the sales managers committee of the Mo- tion Picture Assn, of America, but unanimous endorsement, which is required, has yet to be indicated. Under the plan, branches in New Haven, Albany, Memphis, Denver and Portland, Ore., would be dropped, with exhibs in those areas serviced from other field of- fices. If the plan is successfully adopted, other branch cities might be added to the list. Companies operate in the do- mestic market at a cost of $160,000 to $200,000 per week each. 4- Hollywood ought to try the TV approach with its 3-D, according to some top-line execs in the film biz. The confusion over the new dimension has rammed home the fact that “the pix industry is in * state of disunity." In sharp contrast was the situ- ation with television when TV first became prominent. At that. time Frank M. Folsom, president of Ra- dio Corp, of America, made all RCA patents' available to other manufacturers. There was no gim- mick, the RCA move bejng solely in the interest of standardization. Standardized 3-D ' will evolve eventually, it’s hoped,,but at pres- ent all studios are at work on dif- ferent depth processes with the result that exhibitors are uncertain over which to equip for. Probably doing the biggest burn over the lack of organization with- in the film trade is Charles P. Skouras, president of National Theatres and board chairman of Theatre Owners of America. Near- ly two years ago Skouras proposed a joint industry research program to investigate 3-D possibilities among other techniques'.*All film- eries, as’ well as exhibs, would have benefited on a collective basis. Skouras arranged for -a tie-in with the School of Technology, Univer- sity of Southern California, but the proposed project, which was budgeted at $1,000,000 per year for the first three years, was nixed by the film execs. Individual experiments have pro- duced advancements in the new field, but some industryites feel that much more could have been accomplished via the research in- stitute which Skouras had outlined. National Boxoffice Survey Grosses Dip; ‘Peter Pan’ Champ for 3d Week in Row, ‘Hans’ 2d,-‘Stooge’ 3d, ‘Moulin Rouge* 4th Current session is reflecting the expected dip after such a great holiday week, with few new, big films and storms handicapping re- sults in key cities covered by Variety. Several midwest cities were hard hit by blizzards and ex- treme cold. Nothing,. however, appeared to hold back the stronger grossers. “Peter Pan” (RKO-Disney) is winding up No. 1 again for third successive week. It is pacing the *pack by a wide margin. “Hans Christian Andersen” (RKO-Gold- wyn) is second, highest position it has held since out on release. Danny Kaye starrer is turning in many big to terrific sessions this week. “The Stooge” (Par), which was second a week ago, is neck-and- neck with “Hans,” but winding up third. Martin-Lewis comedy has been on top or up with the winners now for six weeks in £ row. “Moulin Rouge" (UAL-out exten- sively for first time this round, is capturing fourth money: 7 '“Bwana Devil," from same distrib, is fin- ishing fifth. “I Confess" (WB) is sixth-place winner this stanza, while “Niagara” (20th) is seventh. “The Star” (20th) is perking up to land eighth position, with “Little Sheba” (Pari, just getting started, in ninth. “Jazz Singer” (WB), “Bad and Beautiful” (M-G) and “Man Behind Gun”.(WB) round out the Golden Dozen in that order* 1 “Mississippi Gambler” (U), “Sound Barrier" (UA), “Anna” (IFE) and “Never Wave at Wac” (RKO) are the rUnner-up pictures. “Back on Broadway” (WB), due next at N. Y. Paramount, was get- ting along nicely in K. C. Until a blizzard hit the city last Sunday (1). “Tonight We Sing” (20th), which was no great shakes at the N. Y. Music Hall, is doing nicely in a small Minneapolis house. “Confi- dentially Connie” (M-G), also new, looms disappointing this session. Same is true of “Taxi” (20th). “Stars Are Singing” (Par) coh- tinues mild to NSG currently. “City Beneath Sea” (U), another newcomer, looms good in Toronto, big in Boston and fine in Frisco. “Road to Bali” (Par) still is racking- up consistently nice to big” biz in several keys. “Ivanhoe” (M-G), out on . popscale dates, ranges from good to mild this round. “Face to Face" (RKO) is fine in Frisco and okay In Cleveland. “All Ashore" (Col), mild in Buf- falo, , looks hefty in Toronto. “Stereo Techniques" (Indie) shapes good in Omaha. “Against All Flags" <U) is rated okay in Detroit. “Thunder- birds" (Rep) is satisfactory in Seattle. “Silver Whip" (20th) looms good in Cincy. “Jeopardy" (M-G) shapes mild in L. A. “Pathfinder” (Col) is oke in Montreal. “Promoter” (U), big in Frisco, still is okay on N. Y. longrun. (Complete Boxoffice Reports on Pages 8-9.) RKO $6,000,000 In Ik Red in ’52 RKO Pictures likely will show a loss of over $6,000,000 for 1952, as compared with a profit of $334, 600 the previous year, according to Wall St. estimates. Company’s official report is now in the hands of auditors and will be made pub- lic in April. RKO wound up the first nine months of last year with a deficit of $4,775,000, each of the three quarters being in the red. Final quarter similarly is downbeat. 'Considered on a pro forma basis, that is, apart from exhibition when the RKO chain was a part of the integrated corporation, RKO’s production-distribution had losses of $5,832,000 in 1950, $4,219,000 in 1949, $5,596,000 in 1948, and $1,787,000 in 1947. M-G Resurrecting ’41 ‘Jekyli; ‘Woman’s Face’ As TV-Plugged Dualer Recalling RKO’s success with the 20-year-old “King Kong,” Metro has set plans to test the pulling power of a pair of 1941 exploita- tion-type pictures. Films are “Dr. Jekll and Mr. Hyde,” starring Spencer Tracy, and “A Woman’s Face,” with Joan Crawford in the top role. Films, which will be pre- sented on a dual program, will be supported by an extensive TV bally campaign, similar to the one cred- ited with making “Kong” a b.o, winner. Before launching extensive book- ings, experimental engagements will be tried in Columbus, O., and Louisville, Ky., with March 26 set as the opening date. Video Outlets in both cities will be flooded with specially-prepared spots and clips, with the theme of the campaign dubbed “Two Faces You’ll Never Forget." TV drive will be support- ed by local newspaper ads. New copy and layouts for the special bookings have been prepared by , Metro’s ad department.