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TVcuîH'^tati TT IS NOT LIKELY that the Department of Justice will take any action on the Society of Independent Motion Picture F>roducers' protest against the reported agreement by the Anglo-American Film Council at least until there is some formal indication that agreement has been reached. Since it is not expected that the upcoming council meet will result in anything conclusive, it is not likely the government will have anything to say for some time, if at all. As yet, there has been no clear sign from either the State or Justice department whether the Council is considered to have any real stature. The British last week suggested to the State department that both governments hold off and see what the council might agree upon, but as we get it the department has not committed itself in any way to further delay. What could happen is that the State department will wait a while, notify the British it cannot wait upon the negotiations of the industry spokesmen, then sit back and wait for the British to reply to that one. Weeks might go by, during which the council would have its chance to work something out. An agreement by the councO, it is believed, would be quite authoritative, so far as the British are concerned, but there is no indication here how much it would mean to the American government. If the independents' case is found to be strong, of course, the Department of Justice may have to move but the State department could pass the word to the Motion Picture Export Ass'n even before then that it had better make peace with the SIMPP before trying to conclude any agreement with the British. NEGOTIATIONS ON THE in-principle agreement for settlement of the ten-year-old antitrust case against the Schine circuit are dragging, and the optimism of a couple of months ago has disappeared. The government twice has agreed to continue the slated hearing in Buffalo district court on its demand for the virtually complete breakup of the circuit, but it is now not certain it will have an agreement to present the court by June 18, the current target date. It was believed especially significant that Antitrust Chief Herbert Bergson said last week as he left for the west coast that there will be no negotiating talks in the Schine case in his absence. He would not have been so emphatic about it were the discussions routine talks in the drive for outof-court settlement. « * * THE SUPREME COURT was asked again last week to review the Momand case. On May 2 it refused to take jurisdiction in the 18-year-old litigation, but court rules permit a new petition based on legal grounds not set forth in the first request. Harold Schilz, new coimsel to Momand, has offered new legal points in the fight to win the reinstatement of a Boston jury award which would have meant nearly a million dollars in damages from the majors to A. B. Momand. The jury award was set aside by Federal Judge Charles Wyzanski, and the new petition to the high court argues that Wyzanski ^cfoont By ALAN HERBERT was in error in finding it material that Momand had failed to show "specific intent" by the majors to damage him personally. Precedent in antitrust litigation makes it adequate for Momand to show merely that he is one of the class of people the defendants conspired to damage, the new petition holds. It also charges error in Wyzanski's order regarding the establishment of monetary damages. * * LAWYERS HERE ARE watching the Meisleman antitrust case, in Charlotte, N. C, with considerable interest. MGM was excused from the case, it is recalled, because it agreed to offer its product in the area on a competitive bidding basis which permitted Meisleman to bid against the Wilby-Kincey competition in the city. There is some speculation that the court might order all the major exchanges in the area to offer product on a competitive basis. It is recalled that although normal rentals rarely topped 40 per cent on the negotiated basis, MGM rentals went as high as 54 per cent on the competitive basis. THE NEW BILL INTRODUCED last week by Rep. Wilbur MUls of Arkansas, which would put business firms on a pay-as-you-go basis, was looked upon in some quarters as a possible means of winning excise tax reduction. It would call upon businessmen to pay up their next annual tax bill within six months from the close of their tax year, rather than one year, and would mean an immediate gain of an estimated $4.6 billion. If such a bill went through, and important Democrats are interested in it, it is not unlikely that it would carry a rider reducing the excise taxes — including the admission levy. GOP opposition was loud and immediate, and although Democrats at first glance liked the bill better than any straight tax increase measures offered it would be rash to predict that it will get very far. Amusing Benny Short For Treasury Drive NEW YORK—Jack Benny, Rochester, Byron Foulger and several other actors have contributed their services to make an entertaining short, "The Spirit of '49," which will induce theatre patrons to buy U.S. Treasury bonds during the savings drive. Six htmdred prints of the short have been distributed by Universal-International to theatres. The short uses action shots from such famous western epics as "The Covered Wagon," "Union Pacific" and "The Thundering Herd" during the story of Benny's grandfather who went west during the gold rush of 1849. In 1949, his grandson, who turned his gold into savings bonds in 1939, collects four dollars for each three he invested. The message is confined to the last minute of the 12-minute picture. KIDDING THE DRIVE-INS The drive-in theatre has opened a new era of activity for the cartoonist. Some of the drawings are twists on old indoor theatre jokes, but some are original such as these two which appeared in recent issues of the Saturday Evening Post. Currently, editors of the Post are showing considerable interest in both cartoons dealing with the motion picture theatre and articles on the amusement world. In last week's issue, the magazine carried the first of a series of eight articles on W. C. Fields and "Popcorn Crazy," a story of popcorn in the theatre and the part Manley, Inc. plays in it. Major Oldfield on Orders For Honolulu Assignment WASHINGTON—Orders have been issued by the army which will send Maj. Barney Oldfield to headquarters in Honolulu, Hawaiian Islands, upon completion of his present assignment as a student in the Command & General Staff College, Fort Leavenworth, Kas. Oldfield, former BOXOFFICE correspondent and onetime motion picture editor of the Nebraska State Journal, in Lincoln, served two years after the war in the publicity department of Warner Bros, in Hollywood, and returned to uniform when the call went out for officers of previous service with public relations experience in civilian life. MGM Wins Second Award NEW YORK—"The Stratton Story" (MGM) has been chosen picture of the month for June by the Christian Herald in association with the Protestant Picture coimcil. "Command Decision" received the award for March. Both were directed by Sam Wood. 26 BOXOFFICE May 28, 1949
'iôUeftiMMcC ^cfront Kramer-Stillman Alliance Ended After Two Films A productional and financial association under which two current and widely discussed United Artists releases were made came to a halt with the disclosure that Screen Plays Corp. has reached the end of its two-picture deal with Stanley Kramer John StiUman. Florida financier. The Stanley independent Kramer unit, in liaison with Stillman. turned out "Champion." currently in first run engagements, and "Home of the Brave." due for release shortly. Kramer said his next three Screen Plays films for UA will be completed with new financing from other sources. Family 'Series' Films Returning Into Vogue Family "series" films, once widely popular but in recent years having gone into something of an eclipse, may again come into vogue, it was indicated when Monogram gave the green light to Producer Peter Scully to By IVAN SPEAR ready a third picture in his "Latham Family" comedies starring Raymond Walburn. Scully. whose Mayfair Pictures unit already has made "Henry, the Rainmaker" and "Leave It to Henry." has already set Jean Yarbrough to meg the new entry in the group, titled "Blame It on Henry." It will go before the cameras in July. Only other "family" series still active MGM having tabled its "Hardys" and 20th Century-Fox long since having abandoned its "Joneses"—are the "Bringing Up Father" films being produced by Barney Gerard, also for Monogram, and based on the George Mc- Manus comic strip, and Columbia's perennial "Blondies." Paul Short to Produce Police 'Documentary' Comes now another film subject described as "factual" and "documentary." this one emanating from the independent production unit headed by Paul Short and to star Audie Murphy, the World War II hero who had his first starring assignment in Short's Allied Artists entry, "Bad Boy." The new one. also to be made for AA release, is titled "The Police Story," and will be made with the cooperation of the Los Angeles police department, with all information for the yarn being combed from that organization's bulging files. MGM Delays Two Costly Productions: 'Annie Get Your Gun/ 'Quo Vadis' Chain reactions as demonstrated in experiments with nuclear fission ain't got nothin' on the cycle of circumstances which led to the postponement of two costly film projects, both on the MGM production docket, and both shelved for the time being because of unforeseen and unavoidable difficulties. The vehicles concerned are "Annie Get Your Gun." the tunefilm which ground to a halt after several weeks of camera work when Judy Garland, who had the title role, was suspended, and "Quo Vadis," slated for filming in Italy with Gregory Peck in the topline. In the case of "Annie." Miss Garland was replaced by Betty Hutton, borrowed from Paramount. Almost immediately, however. MGM and Paramount "mutually decided"—according to an official joint statement—not to resume work on the MGM opus until after La Hutton has finished a co-.starring assignment with Fred Astaire in Paramount's "Let's Dance." So "Annie" stays on the shelf while Hutton remains on her home lot. Originally Paramount had "indefinitely postponed" the Hutton-Astaire musical, but that action was reconsidered after a survey had been made of the elaborate advance production preparations for "Let's Dance." Almost simultaneously MGM absorbed another jolt when Peck was hospitalized with an eye ailment, rendering him unable to report in time to launch "Quo Vadis" in Rome July 1. Upon recovery from his illness Peck must first finish his starring role in 20th Century-Fox's "Tw-elve O'clock High," on which approximately a month of shooting remains. MGM therefore has postponed "Quo Vadis" until next spring, pointing out that any brief delay in starting would extend the schedule into Italy's season of bad weather and would "present serious problems to the extensive exterior location production." Henry Henigson, who is representing the studio in Italy and has been setting up the preliminai-y arrangements for camera w-ork on "Quo Vadis." will remain in Rome to continue preparations. All material and equipment already rounded up will remain in readiness for the start next spring. Meantime, John Huston, who had been set to meg, was immediately handed another assignment to pilot "Asphalt Jungle." a documentary police yarn to be produced by Arthur Hornblow jr., who also will produce "Quo Vadis" when it hits the cameras. Niven Busch Is Over Title for Film Vexed Sometimes the task of hanging a title on a picture—simple as that operation might appear on the surface—can cause more trouble and vexation than the actual production chores themselves. At least, so testifieth Niven Busch, who—with Edward Nassour as his associate—is about to launch under the banner of Showtime Pictures an opus co-starring Teresa Wright and Lew Ayres, to be distributed by RKO Radio. Busch developed the property under the title of "Daybreak." Then up popped the J. Arthur Rank organization to point out that our British cousins already have completed a film under that tag. Just so there could be no hint of international discord. Busch dropped the handle in favor of Tycoon Rank and adopted, in its stead. "Guilt." Almost immediately he ran into trouble again, when Columbia notified him it had registered "The Guilty" as a working title. At this point the Wright-Ayres subject is nameless, while the <strong>MPAA</strong>'s title registration committee is undertaking to arbitrate the Columbia-Busch hassle. Salt Lake City Bankers To Make Films in Utah Everybody, apparently, wants to get in on the picture-making act. And that includes a group of Salt Lake City bankers and financiers, who have organized the Mid-Continent Pictures Corp. and constructed a two-stage studio at Midway, Utah, some 45 miles outside of Salt Lake City. The outfit, headed by Thomas C. Atkins, has booked Michael O'Shea to star in a projected .series of eight features titled "The American Patrol Service." and based on the U.S. government agency which protects the nation's natural resources. Plans are to turn out the films at the rate of four a year, the first to get imder way early in July. No release has been set. . . Co- Cast for 'Monte Cristo' Is Selected at SG A cast including Glenn Langan, Adele Jergens and Steve Brodie was rounded up for "Treasure of Monte Cristo." which Leonard Picker is producing for Screen Guild release Henry O'Neill, observing his 15th . . . anniversary in films, joined the cast of Paramount's "I Married a Dead Man" . lumbia handed Lola Albright a term ticket and the femme lead opposite Jack Carson in "The Good Humor Man." 20th-Fox Inks Kohlmar For Three More Years Fred Kohlmar w-as handed a three-year extension of his producer pact at 20th Cen- . . Jerry tury-Fox, where he has a program of three films all set to roll next month . Wald draws the production reins on "Always Leave Them Laughing." in which Milton Berle will star for Warners . . . Megging assignments at MGM include Mervyn LeRoy to "East Side. West Side," and George Sidney to "Keys of the City." BOXOFFICE : : May 28, 1949 27
Page 1 and 2: TOTAL NET PAID CIRCULATION EXCEEDS
Page 3 and 4: WSIGAIS.TOO! /' ft HWTTî^^^WI BARK
Page 5 and 6: viuciiio liU^T îiy uf inv ifiuun .
Page 7 and 8: 'PuUe Scît^ Exhibitor-CommunitY Re
Page 9 and 10: NEW CLEARANCE REGULATIONS CREATING
Page 11 and 12: . . The Things Looking Rosy, Para.
Page 13 and 14: ON BROADWAY! 010 ioflW WEEK !tft
Page 15 and 16: I HOtiyWOOD REPORTER N THE BOOKINGS
Page 17 and 18: , Davis of expression. Nothing In t
Page 19 and 20: I AVES OF RAVES FOR MONOGRAM'S SEA-
Page 21 and 22: I EING Grouped on the stage of Grau
Page 23 and 24: YOU CAN ALWAYS DEPEND ON THE COMPAN
Page 25: OP&M^> / -pRAisel Box-office power
Page 29 and 30: CHESTER FRIEDMAN EDITOR HUGH E. FRA
Page 31 and 32: Profit Producers The mammoth lobby
Page 33 and 34: Screenings and Tieups With Bookshop
Page 35 and 36: New MPAA Section Headed by Harmon N
Page 37 and 38: . . . Ernie . . Nate . . Bob . . W.
Page 39 and 40: . . Arnold . . Herman . . New . . .
Page 41 and 42: State Labor Board Certifies lA Loca
Page 43 and 44: (Hollywood Office— Suite 219 at 6
Page 45 and 46: Harold extreme Personnelifies SDG F
Page 47 and 48: sd(McC(M ^cfront By JOHN SULLIVAN n
Page 49 and 50: 'Belvedere' Continues at High Mark
Page 51 and 52: . . Manager PORTLAND TSu'is Morgan
Page 53 and 54: . . . Exhibitors . . . The . . Hele
Page 55 and 56: Allied Rally at Peoria Draws 40 Sho
Page 57 and 58: . . Herman District Heads Study New
Page 59 and 60: NORTH CENTRAL CONVENTION RE-ELECTS
Page 61 and 62: ALLIED INDEPENDENT THEATRE OWNERS O
Page 63 and 64: . . Eph Booth Fires Darken Two Iowa
Page 65 and 66: SPEAKERS TO DRIVE-IN BY PLANE—The
Page 67 and 68: Drive-In Theaire Ass'n Formed in Pi
Page 69 and 70: Midweek Dark Night At Suburban Hous
Page 71 and 72: . . Boyd 'Strangers' Pulls 110 For
Page 73 and 74: . . Betty . . Betty . . Charles . .
Page 75 and 76: 8,000 See Bond Rally Kickoff in Bos
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. . . Loew's Reissues Stand Out At
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Drive-In Regulation To New Hampshir
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. . Ray . . Clever . . William . .
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Griffiih Suit Recess Until Last of
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theatre. An example of this is the
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. . . George . . . M. Rio Grande Sh
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Rebirth of Stage Entertainment Seen
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ORIGINAL MEMBERS RECEIVE TRIBUTES O
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Western Adventure Patron Taste No P
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U . . The . . Dottie Transit Strike
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. . Irmgard . . Another . . Wives .
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Armview Vaudeville Does Good Busine
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. . ^ ST. JOHN LTamlet" was present
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BOXOFFICE BAROMETER • EXHIBITOR H
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and Fine.—Mrs. Pal W. Murphy, Que
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CHECK RUNNING TIME WITH LOCAL EXCHA
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CHECK RUNNING TIME WITH LOCAL EXCHA
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APRIL 30 CHECK RUNNING TIME WITH LO
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ana iraae press reviews, ine piua a
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1 Happy Vol. 20th Century-Fox I Pro
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Opinions on Current Productions; Ex
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RATES: 10c per worcL minimum Sl.OO.
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