Variety (September 1955)

PICTURES Wednesday, September 7, 1955 20 Will Hays’ Says of Films - Continued Saul Rogers and Lewis J.. Selznick had handed him a round-robin letter, signed by 10 producers, in¬ viting him to head up a new as- socifltion. He notes that, except for newsreels, “I had never been iden- titled with any phase of motion pictures.” And he recalls how he posed to himself the question “Why me?” The moment he accepted the post, he was charged with having been “bought'.” ‘Growing-Up’ Stage The film biz part of the. “Memoirs” hold fascination not only for what it reveals about the nature of Hays, but more impor¬ tantly because it spans the crucial “growing-up” stage of the industry, an era beset with myriads of prob¬ lems and difficulties ranging from the internal to the external and centering, at least in Hays’ narra¬ tive, primarily on the attempt to bring decency to the art of the screen in its transition to sound and thereafter. Outlined here are the moves leading to the formation of the association and the establishment of the industry’s Production Code; the depression; the play of pres¬ sure and counter-pressure as Hollywood tossed atop the turbu¬ lence created by changing social and economic patterns and the on¬ coming of the war years. Internal¬ ly, too, there was trouble a-plenty for Hays to attend to until, in 1945, he handed over his scepter to Eric Johnston (he mentions'him only once and without a comment). It is curious, reading Hays’ out¬ line of immediate problems con¬ fronting him as he took over in March, 1922, that these difficulties seem to parallel the ones faced to¬ day by Johnston and his staff— internal disorder — censorship — Mexican “ diplomatic crisis over films—improving picture quality— improving quality of advertising. The names of the men who grap¬ pled with these problems have changed (at least some), but the problems themselves still are shy of solution. ■„ Hays probably fought as hard for self-regulation and the Code as any man and he gives elaborate credit to Martin Quigley and Father Lord for putting its basic premise on paper. Hays, expresses the highest regard for Quigley and, later in the book, relates how he used him and Joseph I. Breen to placate the Catholic Bishops' Committee on Motion Pictures at its 1934 meet in Cincinnati. That was the same year when the National Legion of Decency was formed and Hays, himself an in¬ veterate crusader for “clean” pix, who in this respect frequently sided with the industry’s critics, says he welcomed its cooperation “with open arms.” He added: “To this day, the majority of . people probably consider the Legion’s work an ‘attack.’ I saw it as a ‘defense’ of the moral stand¬ ards we had ourselves adopted. We actually created a ‘mutual defense’ pact that finally made the Code a working reality.” Hays, who in the ’30s named Breen head of the Cdde, didn’t live to see the day when the Legion would castigate the Code’s “deteriorating” values and would openly clash with its new admin¬ istrator, Geoffrey Shurlock. Press As Instrument Throughout his administration, Hays used the press as a conven- . ient instrument rather than a me¬ dium of communication with sup¬ posedly free access to the news. He must have thought highly of his own speeches, and those of his contemporaries, for he quotes from them at length. Variety is men¬ tioned on several occasions, but Hays quite obviously was not in the cheering section of this paper, which was frequently critical of his policies. When Variety did approve, he quotes it with relish. With the rise of dictatorship in Italy, Germany and Japan, the problems of the film biz abroad multiplied. There is a. vivid de¬ scription in the bbok of a visit Hays had with Mussolini. It ended with the dictator making a con¬ cession (later partially withdrawn). As the interview ended, Hays wrote: “He squared away, put his right hand on my shoulder as he said with a proud blend of jovial¬ ity and authority, ‘Well, Hays, we fixed it!’ ” In another chapter, Hays describes a visit with Father Coughlin on the basis of a report that the priest would extend his alleged anti-Semitic slant to Hol- pajje 4 lywood. Hays apparently talked Coughlin out of his plan, all the while describing Father Coughlin with a degree of restrained ap¬ proval. Having spent considerable time outlining Catholic and Protestant objections to film content, Presby¬ terian Hays has an effective “scene” detailing his conversation with Pope Pius XI in which the late Pope expressed admiration for Hays’ work. “It was an inspiring experience for w'hich I shall never cease to be thankful,” he wrote. Towards the end of the book, he devotes some rather dry pages to the Presbyterian Pension Fund and then makes reference to h’s last act for the industry (after his re¬ tirement), i.e. the divvying up of accumulated French coin, a cum¬ bersome proceeding that took close to a year. “The Memoirs of Will H. Hays,” checked for accuracy by his son and his widow, recall an industry chapter that is vital to anyone seri¬ ously trying to understand the rise of the screen to its present dom¬ inance. The book may lack the color to go with the welter of names and events, but it conveys the steadfastness of its author and his abilities as an arbiter .of men and ideas. Lawyers’Biz JSSSJS Continued from page 3 a position where he asked for a release from his contract which guaranteed him $1,000 weekly for life. Adding It On Producer Frank Ross has filed a complaint against 20th-Fox for breach of contract. He’s seeking $470,116 in damages on the claim that 20th made improper charges on "The Robe,” alleging that some of the costs of the development and exploitation of CinemaScope were charged against the gross of the film, although such items were not connected with the production of the picture. Failure of 20th-Fox and Co¬ lumbia to reach an agreement on the takeover of Rita Hayworth’s contract saw Miss Hayworth com¬ mence her $175,000 breach of con¬ tract suit against Col. A $50,000 plagiarism suit was filed last week by writer Charles K. Geary against Joseph Mankiewicz, Figaro Inc. and United Artists. Geary charges that Mankiewicz copied the story of “The Barefoot Contessa” from a scenario Geary wrote in March,' 1943. Hall Bartlett Productions filed a $400,000 suit in N. Y. Fed¬ eral Court on the claim that it was dissatisfied with the way its pic- tyre “Crazylegs” was distributed by Republic. Bartlett charges Rep breached its contract by refusing to give an adequate accounting and by rendering inaccurate and mis¬ leading statements on the distribu¬ tion of the film. In. “addition, a group of southeast¬ ern exhibitors added to the amount of outstanding antitrust litigation, by filing suits against the majors totalling $9,000,000. In the midst of the new suits, there were a couple of settlements during the week. Order for a stipulated dis¬ missal was signed in Ring Lardner Jr.’s breach of contract suit against 20th-Fox and a- stipulated dis¬ missal was granted in the $75,000 suit brought by Kenneth Noyes against NBC for assertedly “pirat¬ ing” his proposed tv show “Flight Log.” Scott to Appeal Los Angeles, Sept. 6. Attorneys for Adrian Scott,' former RKO producer, will appeal a Federal Court decision favoring the studio in a suit brought by Scott for firing him after he re¬ fused to testify before the House Un-American -Activities Commit¬ tee in 1947. Ring Lardner Jr., who brought suit against 20th-Fox on similar charges, dropped his case via a stipulated dismissal, after attor¬ neys for both sides had agreed on action. Writer asked that the case be dismissed with prejudice, meaning it cannot be tried again on the facts of the original filing. Both Lardner and Scott, mem¬ bers of the so-called Hollywood “Unfriendly 10” who refused to testify before the Government com¬ mittee investigating Communist activities, served prison terms for contempt of Congress. Both were discharged by their respective studios on the “morals clause” in their contracts. Scott originally filed a $1,314,200 breach - of - contract suit against RKO in 1948, and was awarded a $106,644 judgment in a trial end¬ ing Feb. 19, 1952. On April 28, 1952, Federal Judge Ben Harrison, who had heard the first case, granted RKO a jmotion for a new trial, heard last week. Lardner, granted a judgment of $25,789 in February, 1952, had this decision reversed by the U. S. Court of Appeals in 1954, which sent case back to the lower court for a new trial, also starting last week and ending with a stipulated dismissal. Old Film Stars Continued from page 1 . “Strategic Air Command.” It’s taken for granted that practically anything Stewart appears in these days makes money. And the actor has been cashing in big on some percentage deals. Surprise hit on Broadway at the moment is “Female on the Beach,” starring Joan Crawford, who was a star back in the silent days. She’s playing opposite Jeff Chandler. “Female,” incidentally, is outdraw- ing “Fbxfire,” in which Chandler was paired with a “new” face, Jane Russell. Doing- The Decades Humphrey Bogart, the screen’s (and b.o.’s) “old reliable,” has a starring part in “My Three Angels.” He made his debut in pix in the early ’30’s. Katharine Hepburn carries practically the en¬ tire picture in “Summertime.” She was first seen on the screen back in 1933 and has made pix steadily since. Hoofer Fred Astaire, whose latest is “Daddy Long Legs,” ap¬ peared in- his first film, “Dancing Lady,” also in 1933. He’s still going strong. So is that “old reliable, Gary Ccoper. List is practically endless. It includes names like Clark Gable, Bette Davis, John Wayne, Betty Grable, Spencer Tracy, Ginger Rogers, Fred MacMurray, Ray Milland, Bob Hope and Bing Crosby, Lana Turner, Rita Hay¬ worth, Dick Powell, Susan Hay¬ ward and Edward G. Robinson. While it’s acknowledged that the industry’s b.o. rests almost four¬ square on these durable personali¬ ties (at least when it comes to names), execs are also aware of the fact that a new generation of filmgoers is growing up and that a new set of screen idols hasn’t developed with it. With the ex¬ ception of Marilyn Monroe and Marlon Brando, few young per¬ formers have managed to reach any b.o. stature that can equal that of the long-established players. On the other hand, within re¬ cent years, there’s been a tendency to play down the marquee and play up film content. Pix like “Marty” are the result. Companies are aware, of course, that the passage of years is be¬ ginning to whittle away at the appeal of the stars of yesteryear. The group that still holds b.o. magic on its palm, and who will command an audience for their own sake, is shrinking steadily. Result is Hollywood’s current and considerable casting problems, with top players scarce and expensive. Fact that a Clark Gable can still command a percentage of the gross is indicative of the extent to which the select few are able to name their own figures. Plugging Filins Continued from page 3 ently have stopped worrying about the free ads. In the case of several of the companies, the reel today is counted as a standard promotional side, much as would a tv clip. Feeling now seems to be that, while it’s true that exhibs pay for the reel, this is no time for quibbling, and anything that will serve as an advance “sell” for a pic should be accepted for the good of both the¬ atre and distrib. Quiie often the plugs are tied to a legitimate event. For in¬ stance, the current Universal news¬ reel has shots of Audie Murphy putting in an appearance at a VFW affair. Tied in are extensive shots of the coincidental opening of “To Hell and Back” for which Murphy was present, with the camera lingering lengthily on the theatre marquee and the pic’s title. Picture Grosses MINNEAPOLIS (Continued from page. 8) formance a sellout. Terrific $30,- 000. Last week, $31,000. Gopher (Berger) (1,000; 85-$l)— “The Kentuckian” (UA) (2d wk). Good $6,000. Last week, $9,000. Lyric (Parh (1,000; 85-$l)—“Mis¬ ter Roberts” (WB) (6th wk). Un¬ doubtedly could stay on, but must depart because it becomes avail¬ able to neighborhood houses in early 28-day slot. Strong $6,000. Last week, $6,000. Radio City (Par) (4,100; 85-$l)— “To Catch Thief” (Par). Sock $17,- 000. Last week, “Love Splendored Thing”. (20th) (2d wk), $8,000. RKO-Orpheum (RKO) (2,800; 85- $1)—“Pete Kelly’s Blues” (WB) (2d wk). Moves to RKO-Pan after this stanza. Robust $9,000. Last week, $17,500. ifKO-Pan (RKO) (1,600; 65-85)— “7 Angry Men” (AA) and “Big Tip Off” (AA), Fair $5,000. Last week, “Man From Laramie” (Col),. i_4th_ wk), $5,500 at 85-$l. State (Par) (2,300; 85-$l)—“Seven Little Foys” (Par). Bob Hope a local favorite and they like this one. Strong $12,000. Last week, “Private War of Major Benson” (U), $11,000. World (Mann) (400; 75^$1.20)— “Not As Stranger” (UA) (8th wk). Winds up sensational run with neat $4,800. Last week, $4,600. Pix Biz Brisk Continued from page 4 ■ vehicles. It got as hi?h «« fifth place one week. “We’re No Angels” (Par) wound up eighth, being among the top nine films three weeks during August. “Seven Little Foys,” an¬ other from Paramount, finished ninth. It was fourth-place winner in July. “Cobweb” (M-G), inclined to be uneven nationally, rounds out the Top 10 list. “The Shrike” (U), which was a bit slow getting around on its play- dates, paced the runnerup pix for the month. “How to Be Popular” (20th),-“Marty” (UA) and “Cine¬ rama” (Indie) were the other run¬ nerup films in that order. Last- named was showing in only four or five keys much of the month, having been supplanted by “Cine¬ rama Holiday” in many keys in August. ‘Thief’ Looms Big “To Catch a Thief” (Par) was not included in the month’s list¬ ings because only out on release for two weeks. It looks like a big comer, winding up near the top as the month closed. Cary Grant- Grace Kelly starrer shapes as Para¬ mount’s latest b.o. tall grosser, “Private War of Major Benson” (U), also new, showed enough to cop 10th place one week and fin¬ ish a runnerup production in an¬ other stanza. “Summertime” (UA), rather backward in getting started around, shows real promise, as predicated on placing 10th one week and seventh another. “Love Is Many Splendored Thing” (20th) also shapes as a big grosser, based on the lone week it' was out in distribution. It wound up fourth that one week. “Ken¬ tuckian” (UA), slowly getting around late in the month, came through with enough big engage¬ ments to indicate strong potentiali¬ ties. “Female on Beach” (U), new Joan Crawford starrer, started out with some solid to great dates. “Wichita” (AA) showed some surprisingly stolit biz on its initial playdates. “Phenix City Story,” from the same company, is doing great on its extended-run in Chi¬ cago. “Ulysses” (Par) started out big on its preem engagement in N.Y. “McConnell Story” (WB); also new, was big in Buffalo and San Francisco. “Night of Hunter” (UA) was rated hefty on its L.A. teeoff. “It Came From Beneath Sea” (Col) finished in the 12th place one week during August. “House of Bamboo” (20th) wound up eighth another stanza. “Pearl of South Pacific” (RKO) was inclined to spottiness but racked up a fair amount of coin. “King’s Thief” (M-G) on its playdates the final week' ‘Of’*'month was very disap¬ pointing. “Francis in Navy” (U) copped 10th place one week. ‘Left Hand’ Lusty 24G, 'Denver; ‘Weather’ 10G Denver, Sept. e. “Left Hand of God” is filling the Centre Theatre to a holdover fig¬ ure and is best money-getter here currently. “McConnell Stor” shapes good at the Denver whfe “Always Fair Weather” is barely okay at the Orpheum. “Pete Kelly’s Blues” shapes fancy in second round at Paramount. Estimates for This Week Aladdin (Fox) (1,400; 6Q-S1)—“I Am a Camera” (DCA) (4th wk). Good $3,000. Last week, $4,000. Centre (Fox) (1,247; 60-$l)— “Left Hand of God” (20th). Great $24,000. Last week, “Mister Rob¬ erts” (WB) (6th wk), $14,000. Denham (Cockrill). (1,750; 60-$l) —“Never Too Young” (Par) (2d wk). Good $8,000. Stays 2 more days. Bast week, $16,000. Denver (Fox) (2,525: 60-$l)— “McConnell Story” (WB). Good ,$13,000. Last week, “Private War Major Benson” (U), $13,000. Orpheum (RKO) (2,600; 60-$l)—. “Always Fair Weather” (M-G). Good $10,000. Last week, “King’s Thief” (M-G) and “Scarlet Coat” (M-G), $7,000. Paramount (Wolfberg) (2.200; 60-$l)—“Pete Kelly’s Blues” (WB) (2d wk). Fancy $15,000. Last week, $27/000. Tabor (Fox) (1,967; 60-75)— “King Dinosaur” (Lip) and stage- show. Good $3,500. Last week, “Naked Amazon” (Indie), $3,000. LOS ANGELES (Continued from page 8) issue) J2d wk). Okay $4,000. Last week, with State, $19,800. Chinese (FWC) (1,908; $1-$1.80) —“Love Many Splendored Thing” (20th) (3d wk). Nifty $20,000. Last week, $22,400. Fox Wilshire (FWC) (2,296; $1.50-$2) — “Summertime” (UA) (3d wk). Okay $15,000. Last week, $15,800. Four Star (AUTC) (900; $1- $1.50)—“Man Who Loved Red¬ heads” (UA) (3d wk). Thin $2,000. Last week, $2,300. Warner Downtown (SW) (1,757; 90-$1.50) — “Pete Kelly’s Blues” (WB) and “Five Guns West” (In¬ die) (4th wk). Good $22,000. Last week, with Hollywood, $13,000. Hollywood Paramount (F&M) (1,430; $1-$1.50)—“To Catch Thief” (Par) (5th wk). Smart $15,000. Last week, $16,000. Fine Arts (FWC) (631; $1-$1.50) —“Marty” (UA) (8th wk). Sharp $7,000. Last week, $6,600. Warner Hollywood (SW) (1,364; $1.20-$2.65) — “Cinerama” (Indie) (123d wk). Into current frame Sunday (4) after good $22,000 last week, but heat hurt. BOSTON (Continued from page 9) Okay $16,000. Last week, “Mister Roberts” (WB) (6th wk), $11,000. Mayflower (ATC) (689; 75-90- $1.25)—“Virgin Queen” (20th) (3d wk). Slow $3,500. Last week, $5,000. Paramount (NET) (1,700 60-$l)— “McConnell Story” (WB) . and “Double Jeopardy” (Col). Nice $13,000. Last week, “Pete Kelly’s Blues” (WB) (2d wk), $10,000. Orpheum (Loew) (3,000; 60-75- $1)—“Kentuckian” (UA) and “Top of World” UA). Torrid $17,000 for Burt Lancaster starrer. Last week, “Man From Laramie” (Col) and “Bring Smile Along” (Col) (2d wk), $14,000. State (Loew) (3,500; '50-60-70-$l) —“Kentuckian” (UA) and ”Top of World” (UA). Fat $10,000. Last week, “Man Laramie” (Col) and “Bring Smile Along” (Col) (2d wk), $6,000. PORTLAND, ORE. (Continued from page 8) slim flrstrun at deluxer. Oke $3,000. Last week, “Innocents In Paris” (Indie) (2d wk), $1,700. Liberty (Hamrick) (1,875; 75-$l) —“Female On Beach” (U) and “Heat Wave” (U). Fair $6,000. Last week, “Last Command’-’ (Rep) and “Double Jeopardy” (Rep), $5,800/ Orpheum (Evergreen) (1,600; $1- $1.25)—‘Pete Kelly’s Blues” (WB) and “Dam Busters” (WB). Hot $17,000 or under. Last week, “Man From Laramie” (Col) and “Chicago Syndicate” (Col) (3d wk), $9,000. Paramount (Port-Par) (3,400; 75- $1)—“We’re No Angels” (Par) and “Turn Key Softly” (Indie). Slow $10,000. Last week, “Never Too Young” (Par) and “Shotgun” (AA) l (2d wk), $8,000.