Variety (Feb 1930)

VARIETY PI CTURES WednesdaT; February 5> 1930 Thacher Decree Turns Industry Upside Down Again-Everybody Has Own Ideas and the Arguments Start Admitted by exhibitor and pro- ducer to be more drastic tlian antic- ipated, the Federal Court's abolish- ment of 'the Hays system of arbi- tration is causing' chanj^es in the indu8ti*y which are literally revolu- tionary. Hiffhlightins the situation, already are: A Dun and Bradstreet rating for filmdom in the person of the 32 Film Boards of Trade. ; ExhibitofTfeader'-clain-is--that--bc=_ tween 170,000,000 and $80,000,000 in l)Iay dates are at slake in view of ilie Federal Court decree. Exliibitbrs, jubilant over arbitra- tion's downfall, fomenting the next; step—elimination of. all theatre pro- tection and getting the_sale of film down to shoe ai.hd drug, store basis, Paramoiint's claim that 80% of Its new production schedule is al- ready sold and that new contract formula, while slated for printers in two weeks, will proba.bly not be put into circulation until after the sales convention in June. Belief of the biggest producing in- terests that the earlier the exhibitor gets a taste of expensive court liti- gation the! quicker he will want re- turn of arbitratiohj and that arbitra- tion will be back in the industry at the exhibitor's own behest within another 60 days. Paramount taking initiative in new contract form and several-pro- ducing companies making secret ef- forts to get an early copy. Producer angle, tliat arbitration is obligatory in 12 states and that in others, a more fair trial can be secured in actions Involving over $3,000 by going direct to F^eral court Fear of smaller companies that exchanges will have to hold the bag for product not wanted by the ex hibiton That as a result runs, and valuations of pictures will be 6cram<- bled. Gradual enlijghtenment of tlie smaller exhibitor expressing Itself In apprehension already regarding fees in open court. Confidence of big producing firms that the indies, will not cut them selves off from major illm sources. Indignation of leaders that indies represent only 15% of country^s box offices and are considered merely from political angle. Claim Greater New York, as an illustration, has C0% of its box offices under slmon pure indie control. And so It goes. $S!SO/KX) for Boards While it is gleaned from official sources that the yearly maintenance of the Film Boards of Trade costs members of the Hays organization around $250,000, each one of the boards aggregating in salaries and running expenses a little over $5,000 it is also gathered that the boai'ds are more valuable than ever to the produciers since the Thacher decree. As a Bradstreet the Film Boards, to a certain extent, it is explained by the authorities, can now circum- vent the illegality portions founded In Tliacher's latest decision. Be» cause the court eai*lier sustained credit committees, as a necessary producer protection, and while it later prohibited the demand of cash before delivery, the boards, while obsolete as executors of arbitral rul- ings, can now investigate the status of exhibitors. Those, it is claimed, who are not according to Hoyle can be legally compelled to make the advance deposit oh film. On the .other hand arbitration of a! kind will always exist in some states where it is the law. These, and the outcome economically, are bound to reflect themselves in other parts of the country. In the showdown Paramount proves itself far in the lead for l)reparedncss. Anticipating an ad- verse decision, it is now learned of- ficially, Paramount weeks before Thacher revealed his findings, used k^riibJieXL,5tanijg^j3p clauses Nos. 1 and 18, which Thacher br\I^W3 Tout: The stamp read that arbitration was not compulsory but optional with the signer of the standard exhibition contract. Since the decree Par. has dis- pensed ■^[ith the rubber stamp. Its legal staff a few days ago had as- .sembjed for the pWnter a contract formula reducing the oi'Jglnal to less than one half. All of thos^ "wliereas's" are eliminated, it is learned. What protection Par. is Fox Fan Mag . Jsew fan mag starting on the coast with a February issue is the Fox. West. Coaster, selling for lOc. at. the news stands. Intended to ' exploit attractions booked in Fox West Coast theatres, whicli doesn't restrict it to Fox pic- tures. Paul Hosier,'editor "and "ptib=— liaher, explains in his intro- ductory editorial that "if some of the producers have received more space in this issue than others'* it Is. because "some of the studios did not seem in- clined to lend their aid." ; Credited cooperators are MGM, Paramount, Fox and Radio. First issue runs 36 pagea. demanding is being ca;refully con- cealed although some of its exec- utives, voicing the sentiments of those In other companies, say that the Zukor, organization will not sell Uncovered. ' "\ Referring to disputes during the past year Paramount men also point but that their company had less, for the amount of business transacted, than any other in the field. Indies Divided Again Intimations .from exhibitor lead- ers that the Government's next job will be at protection fi.nds a di- vision in the indie ranks. This; they also ga,uge, "will follow enforce- ment of the Federal Trade Commis- sion's antiquated ruling against block booking. That protection is even more obnoxious than Hays ari- bitratloii, and that runs should be simultaneous in all - houses, is. th6' propaganda one of America's most prominent agitators com- menced spreading a few' days ago. Any place where the indies con- gregate, however, finds many pro's and con's. On the letdown of pro- tection, should such be legitima- tized, ^e con's find rentals, far. ex- ceeding^ any 'earnings which the smaller house might aspire to re- alize on a first run break with a deluxe house. Producers, they fig ure, are entitled to protection of product In their own houses. The opposing Bide works in the cake of soap, angle, that everybody can buy and use at the same time. Significant, even in the short time arbitration boards have been closed, is til© reminiscing habit the indie men have already developed. Where before most of them were too busy attacking the system, it Is now common to hear one say to a group: "A contract doesn't mean a thing to a man who pays his bills. Check over the disputes and you'll find that few with clean hands ever had to give the arbitration courts a thought. Producers have got to pro- tect themselves against the double croBSers in this business." Realization that they will now have to take their disputes to a court, pay dough and wait, possibly until the picture in question hsm run itself back to the shelf, is be- ginning to seepi through. One leader^ . crpsfSrexamined dot\-n . the line, finally blamed It on film politics and the lawyers, declaring that the latter dug up angles to k«ep -the business in a turmoil to hold their jobs straightening it out. _ LUXURIOUS WHITEHAli., the'c worldwide aristocracy during the Palm Beach season, is the ideal of those who demand sumptudusness and seek gaiety. WHITEHALL., with a featured IVl£YER DAVIS ORCHESTRA, is the Mecca of the elite who contrib- ute to: the social successes of all nations. ' . ' New Booth Squawk Chicago, Feb. 4', The projectionist wants to opme into his own. Several operators have requested M> H. Siiiger, western arbitrator for RKO, that a m'ove be started to flash their names on the screen. Operators feel that, with the intricacies of sound projection^ credit should be given them before the audiences, same as the camera and sound men. . FUND'S $75,000 DRIVE DROPS "CHEST' TIE-UP ACADEMY'S SCHOOL FOR ACTORS ON COAST \; Hollywood, Feb. 4. Program, for an actors' school under aust>lce6 of the Academy of Motion Picture Arts and Sciences lemnder--discusslbn - between, ijan actors' isub-committee, composed of Richard Tucker and Robert TZdeaoxu and I<ester Cowan, assistant secre- tary of; the Academy. Course would run 10 weeks and consist of lectiires^and demonstra- tions but rib personal instruction, idea of the schobl is not to train new actors, but to give instruction in new points bf technique, especially in relation to talking pictures. . Hollywood, Feb. 4. Having severed cbnnectioi)s with the Communitjr Chest, the Motion Picture Relief fund will institute a campaign next week to raise ap- proximately $75,000 for the next year to be disbursed iamong the needy in the industry. For the past five years the furid has been getting a quota : from the local Chest, but in - compai'ison to the amount of money subscribed by those in tlie industry the qiiota given the fund was "not enough to' take care of re-, lief matters. Fred W. Beetson, executive vice- president of the A. Jtf. P. P-, has been i)laced in charge of a six day drive starting Feb. 10 to raise funds only from the industry. No studio quota has been set nor will any high jaciring be indulged in dur^ ing the canii)aigh%, One day each will be set aside for obtaining uonattons from the various branches. First day will be for the producers; second, the act^ ors; third, directot-s; fourth, writers; fifth, technicians, and the final ,day for the general staff. Sielected list of individuals have been solicited In advance and they have subscribed $7,000. Mary Pick- ford is president of the fund and Donald Crisp is trealsurer. As Knife Throwei*, Lewis Gives Wheeler a Thrill Hollywood, Feb. 4. .Bert Wheeler doesn''t think much of Mitch Lewis as a knife thrower. Scene was for "Radio Revels." Lewis tossed a knife to go through Wheeler's hat. Trick wires were--suppo5Cdr^tO-=.guideL^the-..blade_ but the boj's didn't figure on a sag- ging wire. Knife went through the hat okay—also Wlieeler's head. Studio infirmary and . bandages, but not serious. WB OFFICE EEVUE FEB. 16 If rehearisals go okay, that War- ner • revue, with the stenogs and copy carrier."), will debut at i^p Chanln Feb. 'l6. SmNGE SKIN DISEASE FROM WAR UNIFORMS Selznick loses David O. Selzniclc, Assistant gen- eral manager of the Paramount coast studio, lost his suit against the estate of Hyman Winik and others to recover nearly'$200,000 on an. as- signed claim of his mother, Mrs.. Lewis J. Selznick, for the valUe of jewelry.'Gems wer-e alleged to have been sold in behalf of Winik for $5,000 after it liad been depbsited as security "on a judgment for $35,000. Jury, before Justice tJntermyeri gave a verdict for the defendants. Testimony showed that in 1923, when Selznick was reorganizing his film business,. Wiriik, who made loans to theatrical arid film enter- prises, loaned $35,000, and later got a default judgment foi* the amount Lewis Selznick testified that the jewelry, which he bought at varioufs times for his wife, included enierald bracelet worth $58,000; diamond bracelet, $66,000; rings worth $40,- 000, and $25,000, and lorgnette, $8,000. Winik estate insisted it had a right to sell the jewelry for what it would bring to raise sonie cash on the judgment, and denied collusion in the sale. In a second suit of Selznick against the estate of Hyman Winik to recover the value of a pearl necklace. Justice Gavegan directed a judgment tor Selzniok of $3,750. Hollywood, Feb. 4. Mysterious skin infections have attacked 23 mernbers of the Santa Ana American Legion post doing extra work at Universal as French soldiers in "All QUIet on the West- ern Front;" Men were wearing French government uniforms used during the war and piurchased by a Hollywood costume agency doing businesis regularly with studios. ^Doctors studying the case didn't know whether some germs had lain dormant In the uniforms ■ since the war or whether a particularly virulent chemical disinfectant might have been used in France before shipping. In all, 300 French uniforms were used by tile extras, but only 23 suf- fered the sklri infection. Afflicted were In the dare of physicians oyer a weeik. Skin peeled off at pbihts and men suffered severe pain. Dsiiley's $175,000 Lo3-Angeles, Feb. 4. When the District Attorney's oflftce grabbed the books of U. M. Dailey, convicted of operating a fake film school, the records showed that Dally had obtained over $125,000 in tuition fees for the past 12 months he operated. An additional $50,000 was itemized for make-up kits, make-up, special Instruction, and voice tests.. Warrants are now out for Dailey on 11 charges of theft. He skipped town w^hile on bond after being sen- tenced to six months and. a $1,000 fine. Join Academy Hollywood, Feb. 4. •' Sam Hardy and Lawrence Grant are two of six new members to be added to the roster bf the Academy during January. Other new-members are Harold B. Frantliri, L. "G. Paceiit, Carl Dreher and Arthur.L, Von Kirbach. Frank- lin and Pacent were placed In the special branch of the organization. . Farnol's Kill • Burning up the Jersey turnpike, bound for Atlantic City,' last week- end, Lynn Famol struck and killed a red fox. Animal is very rare in New Jersey. Famol had the beast skinned for a trophy, but hia taxidermy was poor and the pelt had to be thrown away, a.5 the Goldwyn employees found the odor unpleasant. " Cruze's Note Suit When Sam Zierler succeeded Nat Cordish in the James Cruze pro- ducing outfit one of his ffrst jobs, according to a New York Supreme Court aflfldavit, was to tell Bennet Film Laboratories it must agree to accept 60% of the future profits of "Great Gabbo" and "Hello Sister" features, or nothing. This in lieu of a note the balance for which, $30,399,03, was being held against the producing company by the lab. Money is alleged to be due foir laboratory work on the two pic- tures. But following Zierler's ulti- matum, the laboratory -people as- signed the note to the Good Arause- InSfft^eorpvy- an^d "the latter-is now sillng via the attachment route. $500,000 BEHIND AIMEE; I'REELERS AND FEATURE Hollsrwood,. Feb. 4. Writing her own dialog, and to head the cast, Almee. Seniple Mc- pherson has gone talker with a $S0O,O0D bankroll.. Coin mostly sub- scribed by her followers In the Four Square Gospel temple. Not only Ig the exhorter to make a feature picture, but she is also planning a series of one reelers that she may be seen: and heard in ser- mons at the Motjier temple while she is away in the Hbly Land, lead- ing a pilgrimage to sacred places. Promoters of the feature picture, which win . cover the evangelist's life story, are Al G. Faulkner, for- mer Marmon autQ dealer here, and Victor C, Emden, described as a capitalist They have formed An- gelus Productions, Ltd. ' Faulknerf describes the. intended- opus as '^AJmee's story^^rwith vari- ations." Title is to be "Clay in the Potter's Hands," with Harvey Gates, Hollywood J3Cena,rlst, now adapting and with credit? calling for dialog by Mrs. McPheroon. No director yet. . . ; ■ Film will be made in super fea- ture style a-t the Tec Art studiba with the characters of Uie soul saver arid her daughter, Roberta, ■ enacted by themselves. Part of tlie. turbulent mother. With peace now reigning, will be filled by a . screen player of renowii. Same: for others who figured in the kidnapping epic, including Rosie. and Steve. J^Ire. McPherson took her initial screen. and voice test at Tec Art where ithe one reel sermons are also to be shot. Meanwhile, the Angel ua Temple is being, wired. Metro Torning Loose Keaton and Miss Adoree Metro is turning loose Buster Keaton and Renee Adoree., Com- pany failed to exercise options on expiring contracts. Keaton will have ma.d6 just one talker under the M-G baiinej', "Free .and Easy," scheduled for general release March 22. Following^ decision not to renew MisS'Adoree's contract, Metro signed her, htfWever, for on6 more picture, "Singer of Seville,'' the expiring contract being extended to cover completion of this feature. Clifr Edwards, formerly in vaude, who went out on-the M-G-M lot last summer. Is also going out. His con- tract is up next Monday (Feb. 10), and will riot be renewed. Edwards appeared Iri "Hollywood Revue," "Marianne" and .other Metros. Lottice Howell's cbntract, just ex- pli-ed, has been reriewed for the pe- riod extending to Jan. 4, 1931, and Sam Shlpman and John B. Hynier, recently slgrned by M-G-M under a short-term contract, have been re- engaged for a three months' period. Amendment to Create New Class of Academy Member Hollywood, Feb. 4. An amendment to the constitution of the Academy of M. P. Arts and Sciences to create two general classes of membership instead of one will be considered at the next meeting pf the directors. - If passed the amendment permits participa- tion in. activities of the academy by- individuals in the industry barred by the present initiation fee of $100 and yearly dues of $60, . . New claisslficatibn Xvin be "active members," with activities limited to their professiohal branch, Initia- tion will be $15 and yearly dues $12. Second classification would be called "foundation membei's," with same dues as at present. Only members of this class will be eligible to hold offices on central committees or to participate in thb activities of the academy as a whole. Amendment was drafted by the •executive committee bf the acade- my's board of directors. ''TWIST" DEOPPED Hollywood, Feb. 4. Metro has. called off "Oliver Twist." Studio Is now trying to find a story for Ruth Chatter ton whom they borrowed from Paramount for "Twist." Mabel Normand's Transfasions Hollywood, Feb. 4, Mabel Normarid is in a serious cond itiom =.due=^tQ^,:lllb^erculogis^^ . Blood transfusicns are being ma3<9 .once a week. Dick Wallace's Trip Hollywood, Feb. 4. Richard Wallace terminated hSfl corttract as a director with Para-' mount Feb. i,, and sails for the Orient next week. He will be away at Iviist four months. • •