PRESENTED BY
Scanned from the collections of
The Library of Congress
AL DIO-V1SUAL CONSERVATION
at Tin- LIBRARY if CONGRESS
Packard Campus
for Audio Visual Conservation
www.loc.gov/avconservation
Motion Picture and Television Reading Room
www . I oc . g o v/r r/m o p i c
Recorded Sound Reference Center
www.loc.gov/rr/record
I
The Leading
Wthe
Industry
MOTION PICTURE
DAILY
Alert,
Intelligent
Faith fut'j i
Service to''
the Industry
in All
Branches
VOL. 36. NO. 77
NEW YORK, MONDAY, OCTOBER 1, 1934
TEN CENTS
MPTOA Fight
On Duals to
Be Continued
Kuykendall Predicts An
Amendment to Code
A fight to the finish on double fea-
turing by the M. P. T. O. A. if and
when the code is rewritten is indi-
cated in the latest bulletin of the or-
ganization, issued Saturday.
Describing Code Authority's ruling
that a theatre's clearance cannot be
predicated on whether or not it em-
ploys dual bills as "a short-sighted
and regrettable one which has demor-
alized exhibition in many cities and
enables powerful buyers to 'hog the
market' without overbuying," the M.
(Continued on page 3)
Kuykendall Expects
Two or Three Units
Two or three new units are ex-
pected to be annexed to the M. P. T.
O. A., Ed Kuykendall, president,
stated Saturday. He would not give
the exact locations because the asso-
ciations have not definitely committed
themselves to joining. Kuykendall
said he is going to confer with ex-
hibitor leaders in these units shortly.
Discussing the M. P. T. O. A.
stand on the music tax situation, Kuy-
kendall declared that his organization
will continue to organize exhibitors
against the increased assessment by the
society.
"We are not going to quit fighting,"
the M. P. T. O. A. head said. "We are
(Continued on page 3)
Broadway Takes Off
Generally for Week
Broadway grosses generally were
weak last week, the Capitol taking a
nosedive with Jackie Cooper and Ed
Sullivan on the stage with "Death on
the Diamond" on the screen. Intake
for the week was $37,640, which is
just about average.
The initial week of "Chu Chin
Chow" garnered $32,600 at the Roxy.
"Affairs of Cellini," winding up a
third week at the Rivoli, took in $15,-
000. "The Richest Girl in the World"
at the Music Hall got around $70,000
for the week.
N. C. Grosses Total
$4,100,000 in 1933
Washington, Sept. 30. — Box-office
receipts of 184 North Carolina the-
atres last year totaled $4,100,000, ac-
cording to the Census Bureau. Pay-
(Continued on page 6)
Ban 7 Changes Weekly
Kansas City, Sept. 30. — Seven features weekly are too many for
an exhibitor if his opposition is short of product, the local griev-
ance board ruled in awarding J. E. Whitten, Gem Theatre, Neo-
desha, Kan., 71 features from Glenn Klock of the Klock, same
town.
Tesimony showed Klock had been running double and triple
bills, plus shorts, in an attempt to fulfill his contracts with Fox,
M-G-M, Vitagraph, Paramount, Universal, Columbia, Radio and
some independents.
The board found that while Klock had been operating on this
policy for some time and though his 1934-35 contracts had been
signed prior to the time Whitten began operating the Gem, in all
fairness to the complainant as well as to the distributors, Klock
should confine his operations to five or six changes weekly.
Grosses Only
Measure for
Pay — Cantor
Real talent in the industry is rare
and should be adequately rewarded,
declares Eddie Cantor. Regardless of
the basis of compensation, whether it
is percentage, weekly salary or a flat
figure per picture, it should be com-
mensurate with the artist's ability, he
insisted.
Cantor's remarks were made upon
his arrival here yesterday from the
coast with his family.
Commenting on the proposed royalty
(Continued on page 3)
Interfaith Group
Will Review Work
The interfaith committee, formed
several months ago during the crusade
for clean films, is scheduled to meet
shortly to discuss whether or not Will
H. Hays, president of the M. P. P. D.
A., has kept his pledge to reform the
industry.
Right Rev. Monsignor Michael J.
Lavelle, vicar general of the Roman
Catholic archdiocese of New York,
(Continued on page 6)
Sc & C. Dates
Key to Local
Product Deal
Springer & Cocalis now hold the
key to the RKO-Loew-Fox-Columbia-
Universal product situation locally.
Loew completed its negotiations with
RKO about three weeks ago and left
the matter of clearances of Fox prod-
uct, which it is transferring to RKO,
up to Skouras and Ranforce, two in-
dependent circuits holding 10-year
franchises.
The first move made by Skouras
was to pool the Academy with RKO's
(Continued on page 6)
Selling Plans Up
At 1st Div. Meet
Future sales policies, new produc-
tion plans and exchange expansion
highlighted talks by Harry H.
Thomas, president; Nicholas Lud-
ington, William M. L. Fiske, 3rd,
Charles Rosenzweig, Al Friedlander
and Julius Chapman at the First Di-
vision convention held at the Park
Central over the week-end.
Thomas assured the men that First
(Continued on page 2)
Russians to Make 80 for
Next Season, Rapf States
Returning from a two months' sur-
vey of film and theatre conditions in
Russia, Maurice Rapf, son of Harry,
who is an M-G-M executive producer,
says Russia is far behind us but their
picture business is on a sound basis,
more unified in control, and run by
the Communist party which has a cen-
tral committee to control policies of
the various production units.
He says Russia plans 80 pictures for
(Continued on page 3)
Lease Clause
May Be Taken
From the Code
Campi Legal Committee
In Favor of Move
A move has been started to with-
draw from the code Article V, Section
E, Part 6, dealing with interference
with leases of theatres.
A recommendation for removal of
the clause was made by Campi's legal
committee at a hearing last Thursday
and protracted arguments between dis-
tributors and exhibitors followed.
Before a vote could be taken, mem-
bers of the body decided to table the
question until the next session, Oct. 11.
Independent exhibitors are under-
stood to be strongly in favor of re-
taining the clause since it is regarded
as a protection from outside interests
which may attempt to oust unaffiliated
(Continued on page 3)
Yamins' Analysis of
Sales Pacts Held Up
Due to differences of opinion on
Nathan Yamins' report analyzing
standard contracts in force this season
by major distributors, the legal com-
mittee has decided to hold another
meeting for discussion of the various
points brought out by Yamins before
submitting the analysis to Campi for
action.
Code Authority has been receiving
complaints that distributors are vio-
lating the code by certain clauses in
(Continued on page 3)
Coast Group in for
Campi Conferences
Ben Berinstein, Harry Hicks and
five other California exhibitors ar-
rived yesterday from the coast to
confer with Ed Kuykendall and to
attend the clearance and zoning hear-
ing for this territory.
Jack Miller of Associated Exhibi-
tors' Ass'n. of Chicago is expected in
town within the next few days.
Sign Writers* Wage
Talks Resume Today
Week-end conferences between sign
contractors and circuit representatives
on the 10 per cent wage increase de-
manded by Local 230, N. Y. Sign
Writers' Union, failed to effect a set-
tlement and will be resumed today.
Sign writers are threatening a strike
vote in the event their scale is not
increased from $13.20 to $14.70 per
day.
MOTION PICTURE
DAILY
Monday, October I, 1934
MOTION PICTURE
DAILY
(Registered U. S. Patent Office)
Vol. 36
October 1, 1934
No. 77
Martin Quigley
Editor-in-Chief and Publisher
MAURICE KANN
Editor
JAMES A. CRON
Advertising Manager
Published daily except Sunday and holi-
days by Motion Picture Daily, Inc., sub-
sidiary of Quigley Publications, Inc.,
Martin Quigley, President; Colvin Brown,
Vice-President and Treasurer.
Publication Office: 1790 Broadway. New
York. Telephone Circle 7-3100. Cable ad-
dress "Quigpubco, New York." All con-
tents copyrighted 1934 by Motion Picture
Daily, Inc. Address all correspondence to
the New York Office. Other Quigley pub-
icatiW MOTION PICTURE HERALD
BETTER THEATRES, THE MOTION
PICTURE ALMANAC and THE CHI
CAGOAN. , „ ■ tt
Hollywood Bureau: Postal Union Life
Building, Vine and Yucca Streets, Victor
M. Shapiro, Manager; Chicago Bureau: 407
South Dearborn Street, Edwin S. Clif-
ford, Manager; London Bureau: Remo
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Bruce Allan, Representative. Cable address:
"Quigpubco, London"; Berlin Bureau:
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Paris Bureau: 19, Rue de la Cour-des-
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sex Street, Cliff Holt, Representative; Mex-
ico City Bureau: Apartado 269, James
Lockhart, Representative; Glasgow Bureau:
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sentative; Budapest Bureau: 3, Kaplar-u,
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Entered as second class matter, January
4 1926, at the Post Office at New York
City, N. Y., under Act of March 3, 1879.
Subscription rates per year; $6 in the
Americas, except Canada $15 and foreign
$12. Single copies: 10 cents.
Warner Will Start
Four Big Specials
Hollywood, Sept. 30. — Upon his re-
turn here Saturday, Jack L. Warner,
vice-president in charge of production
for Warner-First National, said the
company would put four big specials
into work immediately on a budget
representing about $4,000,000 for the
quartette.
The pictures will be: "Gold Dig-
gers of 1935," "Sweet Music," with
Rudy Vallee, "Casino de Paree,"
headed by Al Jolson and Ruby Keeler,
and "Devil Dogs of the Air," teaming
James Cagney and Pat O'Brien.
Audio Closes New Deal
Audio Prod., Inc., has completed a
deal for distribution of a series of six
films produced by the Cinelog Corp.
under the supervision of Lorenzo Del
Riccio, according to a joint statement
of W. A. Bach, president of Audio,
and Harry H. Thomas, president of
First Division Exchanges. The six
films will be known as the "Thrilling
Journeys" series.
! ! ! BARG Al N ! ! !
1200 USED SQUAB SEATS
OPERA CHAIRS
5 ply inserted panel locks
in excellent condition.
Must sell for cash. SACRIFICE.
P. F. Masucci, Para. Bldg., N.Y.C.
Trading Light on Big Board
Net
Columbia Pictures, vtc 35^6
Eastman Kodak 99J4
Eastman Kodak, pfd 141/
Fox Film "A" 12/
Loew's, Inc 29/
M-G-M, pfd 25
Paramount Publix, cts 4J^
Pathe Exchange 1%£
Pathe Exchange "A" 13/
RKO
Warner Bros.
2/
35
99%
141/
12/
28/
25
454
m
13%
Close
Change
Sales
35^
— lA
500
9934
200
141/
—IV2
20
12A
300
29%.
+ H
1,200
25
+1
100
4/
- %
1,200
134
100
13/8
- %
200
2Vs
200
5%
2,900
Technicolor Off XA on Curb
Net
Technicolor
General Theatre Equipment 6s
Loew's 6s '41, ww deb rights...
Paramount Broadway 5/s '51..
Paramount F. L. 6s '47
Paramount Publix 5/s, '50
Pathe 7s '37 ww
Warner Bros. 6s '39 \vd
'40.
High
Low
Close
Change
Sales
. 12/
12'A
12/
- 54
100
2
2
2
100
y Bonds Off 1
Net
High
Low
Close
Change
Sales
• 634
634
634
+ Vt
2
101j4
10134
10134
4
. 41/
41/
41/
—1
5
. 60
59/
5934
10
. 60J4
60
6034
+ Ya
28
. 98
98
98
1
. 61
6034
61
- /
18
Selling Plans Up
At 1st Div. Meet
'Continued from page 1)
Division would be in every key cen-
ter within the next few months. He
also spoke on the type of product the
reorganized company planned. Fried-
lander talked on exploitation.
In addition, Budd Rogers, general
sales manager for Liberty, which First
Division is releasing in a number of
territories, spoke on the 12 pictures
his company is producing this season.
Louis Hyman, executive of Sol Les-
ser's company, talked on "Chandu."
Several Audio shorts were screened
Saturday, including "Musical Moods,"
"Thrilling Journeys," "Mexican
Idyll" and "Old Faithful Speaks."
After the screening in Erpi's projec-
tion room in the Fisk Building, Gar
O'Neill, E. S. Gregg and W. A. Bach
spoke to the men.
Features shown were "Schools for
Girls," "Curtain Falls" and "Return
of Chandu."
A dinner was held at the Casino
de Paree Saturday night when "Hei
Tiki" rings and bracelets were dis-
tributed in conjunction with an ex-
ploitation campaign on a special of that
name being handled by First Division.
The convention adjourned yesterday
after Thomas gave a final talk on the
aims and ideals of the company. He
stated four major pictures are slated
for production by First Division with
top-notch writers, casts and directors.
About 60 branch managers, sales-
men, bookers and home office repre-
sentatives attended the three-day ses-
sion.
Churchill Does Script
London, Sept. 30. — Winston Church-
ill, former chancellor of the ex-
chequer, has written the scenario for
Alexander Korda's forthcoming fea-
ture, "The Reign of King George V."
The film is to be released next year
during King George's silver jubilee.
Cohan Gives a Party
George M. Cohan threw a surprise
cocktail party at the Eastern Service
Studios last Saturday for members of
the "Gambling" unit.
Fox Renews on Fetchit
Hollywood, Sept. 30. — Fox has
taken up its option on Stepin Fetchit's
contract.
Stuart Takes New Post
Herschel Stuart takes over his new
post as director of advertising, pub-
licity and exploitation at Columbia
today. George Brown, whom he suc-
ceeds, has gone into an executive post
at the Biow advertising agency. Brown
will be guest of honor at a farewell
luncheon in the M. P. Club tomorrow.
Charter Col. of India
Dover, Sept. 30. — Columbia Films
of India, Ltd., was chartered here to
deal in films, etc., listing capital of
$10,000. The incorporators are Max
Seligman, Richard Philpitt and Floyd
Weber, Prentice-Hall, Inc., of Dela-
ware, is the agent for the company.
< Purely
Personal ►
JOHN BOLES, who recently com-
pleted work in "The White
Parade" for Fox, arrived in town Sat-
urday with Mrs Boles, his first visit
here in seven years. He will be here
about four weeks.
Adolph Pollak, president of Show-
craft Pictures, plans to leave for Hol-
lywood next week. He recently re-
turned from a quick trip to the coast.
Anna May Wong is in New York
from Hollywood and will attend a
showing of "Chu Chin Chow" at the
Roxy tomorrow.
Ed Finney is in Providence for the
opening of "Girl of the Limberlost" at
the Strand.
Barney Rosenthal of the St. Louis
Monogram exchange is in town con-
ferring with W. Ray Johnston.
Steve Brodie of the Boston Mono-
gram exchange is also in town.
Rene Robert, Fox fashion designer,
sailed Saturday on the lie de France.
Pauline Lord has arrived from the
coast.
Colonel Levy in Town
Col. Fred Levy of Louisville is in
town for a week. He arrived Satur-
day to confer with Sol Lesser before
the latter sailed for England.
Brandt in Newark House
Newark, Sept. 30. — Harry Brandt
is understood to have closed a deal to
take over the Shubert, now playing
Italian films.
"A thousand pardons, officer,
but there's Happiness Ahead9
Monday, October I, 1934
MOTION PICTURE
DAILY
Lease Clause
May Be Taken
From the Code
(Continued from page 1)
theatre owners from properties being
operated by them.
The leasing clause has been one
which has been regarded by some
Campi members as full of grief. In
many instances where cases have
come up before appeal boards involving
interference with peaceful operation of
theatres Campi has played a hands-off
policy and dismissed the complaints.
This has happened in several instances
with the result that court action has
been taken by those involved.
If Campi passes the recommenda-
tion by a majority vote, the NRA in
Washington must first approve the
resolution before it can be taken out
of the code. This, it is held by some
exhibitors, may be opposed.
Second Bank Night
Is Banned in Omaha
Omaha, Sept. 30. — The second bank
night case to be heard by the local
grievance board has been adjudged a
violation and a stop order has been
issued against Gus ZafFries, manager
of the West, Sioux City, Iowa. The
complaint was filed by Nathan Dax,
manager of the Hipp.
The board also found that P. E.
Johnson of Stuart, Neb., had not com-
pleted a transfer of his theatre in
order to avoid a contract as charged
by RKO Distributing Corp. It was
disclosed that Johnson had merely
made an agreement with the lessee
allowing him 10 per cent of the gross
for running the house. Under the
board ruling Johnson must fulfill his
RKO contract.
Distributors were warned by the
grievance board to stop picture ser-
vice to G. K. Werner, Fairfield, Neb.,
because he has ignored rulings of the
board to stop reduced admissions. The
order is effective next Friday.
Des Moines, Sept. 30. — Bank nights
have been ruled unfair competition in
two cases brought here. Lester F.
Martin, executive secretary for Allied
of Iowa and Nebraska, appeared for
the respondents, as representative of
Affiliated Distributors, Inc.
T. W. Thompson of the Rex, Fair-
field, was complainant against Louis
Gaines of the Orpheum at Fairfield,
and C. W. Roskopf of the Casino,
Marshalltown, was complainant against
Don Thornberg, Strand, Marshall-
town. Gaines says he will appeal to
Campi.
Lichtman Third Man
On Zone Committee
Because of his wide experience, Al
Lichtman, vice-president and general
sales manager of United Artists, has
been unanimously appointed by Campi
as a member of the clearance and
zoning committee. He makes the third
member, George J. Schaefer and
Charles L. O'Reilly having previously
been named to the committee.
In making the selection, Code Au-
thority feels that Lichtman's advice
on clearance and zoning problems is
of great value. Lichtman has agreed
to serve.
Russians to Make 80 for
Next Season, Rapf States
Grosses Only
Measure for
Pay — Cantor
(Continued from page 1)
plan for studio talent, which has re-
ceived intermittent discussion in pro-
duction circles, Cantor said the method
of compensation was not as important
as the rate of compensation.
'After all," he declared, "the box-
office draw should be the only measur-
ing stick for talent. For instance,
Goldwyn pays me a percentage of
everything that comes in at the box-
office.
"Who can arbitrarily estimate what
a Mae West is worth, save by what
she draws at the box-office? Some
players are paid $800 weekly who
should be paid $8,000, and the oppo-
site is also true."
Asked about the reported possibility
that Division Administrator Sol A.
Rosenblatt may recommend a royalty
plan, Cantor commented that anything
he might say would be only one man's
opinion.
May Confer With Rosenblatt
"Producers know what they are do-
ing," he continued. "Talent is ruled by
the old law of supply and demand.
That's why they pay Fritz Kreisler so
much — because there are so many
Rubinoffs."
Cantor said that while he is in the
east he may confer with Rosenblatt
with whom he discussed the salary sit-
uation for two days while Rosenblatt
was on the coast the last time.
Cantor is to make personal appear-
ances with "Kid Millions," scheduled
to open at the Rivoli Nov. 6 or 7. He
also will appear in Pittsburgh and
Baltimore at the openings.
After completion of his coffee hour
radio contract in two months he in-
tends to take his family to London,
where he will keep his promise to
appear at benefits for London hos-
pitals, and at another for German-
Jewish relief. He will remain abroad
for two months. When he returns he
will broadcast on the Pebeco hour.
Yamins' Analysis of
Sales Pacts Held Up
(Continued from page 1)
contracts. Yamins was delegated to
make a study of the various pacts. The
legal committee met last week at the
M. P. Club, but disagreed on the re-
port, which was to have been sub-
mitted to Campi.
It is expected that the report will
be ready by the Oct. 11 authority
session.
Vallee on Coast Oct. 8
Hollywood, Sept. 30. — -Rudy Vallee
and his band will report here at
Warners Oct. 8 to begin work in
"Sweet Music" at the Burbank
studio. Alice White and Robert Arm-
strong have been signed for the cast.
(Continued from page 1)
the coming season and the heads of all
studios are gathered by the central
committee and assigned pictures.
Where the committee feels one studio
can make a certain type of picture bet-
ter than another, this studio is given
the script. There are six studios.
Rapf states each studio has a busi-
ness manager whose principal worry
is getting the money from the govern-
ment for each picture. Unit managers
line up directors, stars and writers.
Directors, scenarists and composers
work on a royalty basis, he says. In
addition to a small remuneration, each
of the three principals gets three-
quarters of one per cent of the gross
on every picture. The life of a pic-
ture runs from seven to eight years
and these men continuously get royal-
ties as the grosses are checked in.
Appear in Few Films
Stars, or players, get fabulous sal-
aries because it is rare that a player
is seen in more than one picture in
two years. The Russians do not be-
lieve in star power. Producers call
upon the layman or studio help to por-
tray characters in pictures if they are
suited for the roles. Experience is not
essential, Rapf says. Actors and act-
resses are paid by the day.
Russia has to import its film, he
avers, and most of it is from Germany
and America. He added more Amer-
ican stock is being bought now than
ever before. Because film is scarce,
producers must use one of every three
feet of film shot.
Discussing new product, Rapf states
the big hit of the year in Russia is a
picture on the Chelyuskin Expedition
in the Arctic. It's in eight reels and
in chronological form, something on
the type of the Byrd Antarctic film
made by Paramount. "The Road to
Life" is now in its fifth year and has
about three more to go before it com-
pletes the round of all Russian
theatres.
Film on Lenin's Life
"Three Songs of Lenin" is the latest
picture made. It is based on the life
of the Russian leader. The producers
are working on a new idea, Rapf says.
They are making "Gulliver's Travels"
with dolls as the cast. Only one
human being is in the picture, which
will be eight reels in length.
A new academy is being built
which will house a school for training
students interested in film and theatre
work. The structure will also have
a film laboratory. The site is on the
Volga river. The new laboratory will
solve a lot of film problems for Rus-
sia, Rapf predicts.
"The Treachery of Marvin Blake,"
which is known in America as "Cabin
in the Cotton," is the only American
film being shown in Russia. It has
been cut in half and subtitles are
dubbed in.
Comedies are rare and are only put
on when the feature is short. Film
theatres, as well as legitimate houses,
have intermissions.
All film houses have reserved seats.
He says most of the picture theatres
are in poor condition and cannot be
compared to the legitimate theatres.
MPTOA Fight
On Duals to
Be Continued
(Continued from page 1)
P. T. O. A. bulletin declares that the
ruling will "eventually destroy many
small exhibitors unless it is modified."
"When the code is rewritten," the
bulletin continues, "this question
(duals) will have to be threshed out
or it will slowly strangle the business,
as well as bring on another wave of
indignation against the movies. It is
unfortunate that some producers will
let their greed for the immediate dol-
lar wreck the business by thwarting
efforts to curb the evil of this form of
cut-throat competition," the bulletin
states.
Legislative activity against the
American Society of Composers, Au-
thors and Publishers to prevent music
tax assessments is urged upon ex-
hibitors by M. P. T. O. A. as the
most important step that can be taken
individually. The bulletin points out
that anti-trust suits against the music
licensing organization have failed in
the past because of inability to dem-
onstrate that interstate commerce was
involved, as these actions were tried
in the silent picture era, Now, it
states, neither the music nor the words
can be reproduced without the positive
print which circulates in interstate
commerce.
Touches on A.S.C.A.P. Action
The bulletin observes that if the
Federal suit pending against A. S. C.
A. P. is unsuccessful a film suit can
always be instituted against the so-
ciety.
M. P. T. O. A. re-states its block
booking policy, based on a straight 15
per cent cancellation privilege. The
bulletin also warns exhibitors against
relaxing efforts to maintain programs
of discrimination and prudent public
relations in the face of a decline hi
publicity on the church campaign. It
cites the probability of legislative and
tax moves against the industry in com-
ing sessions of legislative bodies and
urges an organized exhibitor front
to oppose them on their appearance.
The bulletin also touches upon loans
to theatre owners through the Fed-
eral Housing Administration, which,
it sets forth, may be obtained in
amounts up to $2,000 for repairs and
improvements of a permanent nature.
It is stated that no applications for
loans are considered if taxes on the
property are not paid, or, in most in-
stances, if there are interest arrears
on mortgages.
Kuykendall Expects
Two or Three Units
(Continued from page 1)
willing to go along on a reasonable
and fair basis, but the society won't
even talk about it."
Kuykendall plans to leave for Mem-
phis Thursday to attend the annual
convention on Oct. 7-8 of the M. P.
T. O. of Arkansas, Mississippi and
Tennessee. He recently returned from
Atlanta where he spoke at the G. F.
T. A. Independent Theatre Owners'
Ass'n session. Kuykendall stated busi-
ness in the South is very good and
exhibitors are optimistic. In other
parts of the country, he said, business
is spotty.
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HISTORY BOOKED
Direct/if Jifter Screening/
6
MOTION PICTURE
DAILY
Monday, October I, 1934
Hollywood Personals
Hollywood, Sept. 30. — Jack Fier, assistant to Nat Levine, is
back from a month's tour of Mascot exchanges. . . . Columbia has
decided not to change George Murphy's name after all. . . . Victor
Jory will not have a stand-in that cannot play chess. . . . Frank
Capra and Harry Langdon had a grand reunion on the Columbia
lot the other day. Capra used to be a gag-man for Langdon. . . .
Warners are testing Jetta Goudal for a role in "White Cockatoo."
. . . Frank George has arrived from New York to design hats for
Warner stars. . . . Charles Bickford will do some fisticuffs with
Victor McLaglen in Fox's "East River." . . . Leo Carrillo grabs a
featured role in "Backfield" at M-G-M. . . . Greta Garbo recovering
from a brief illness in a local hospital. . . .
Mae West Film Holds Up
In Second Chicago Week
New English
Tax Plan Up
For Decision
By BRUCE ALLAN
London, Sept. 30 (By Mail).—
Plans for the new entertainment tax
campaign are set for discussion soon
by the C. E. A. general council. One
proposal before them will be that the
duty should in future take the form of
a flat percentage of total receipts in-
stead of a levy on individual seats.
Whatever decision is reached on mat-
ters of tactics, exhibitors approach this
problem with the big encouragement
that the chancellor of the exchequer
has as good as promised relief in some
form in the next budget. A lot still
depends, nevertheless, on the general
state of trade at the end of the finan-
cial year.
* * *
"Quota quickies" are also very
much on the agenda. In a few weeks
the president of the Board of Trade
is to receive the C. E. A. deputation
on this question, and a great deal de-
pends on the exact form of the recom-
mendations which are made to him.
If they offer a practicable method of
compelling the production of quota
films of a minimum entertainment
value, it can be taken for granted that
legislation will be introduced to give
effect to them. On the other hand,
there have been pretty broad official
hints that a minimum cost clause is
not regarded as completely filling the
bill, while the "quality clause," im-
plying the issue of a certificate of suit-
ability for exhibition, is regarded as
of even more doubtful workability. As
between these two solutions proba-
bility favors the first, but the prospect
of an amendment to the Films Act
to penalize the "just quota" producer
would be heightened if the C. E. A.
could produce a policy independent of
trade influences and the possibility of
trade intrigue.
* * *
Revision of the Cinematograph Act,
the other measure by which the trade
is governed, is also being sought. The
National Ass'n. of Theatrical Em-
ployes, which has so far failed to se-
cure its wage claims through the Joint
Conciliation Board, has now secured
the powerful support of the Trade
Union Congress, to its suggestion to
seek the imposition of trade union
conditions by Parliamentary action.
This development was foreseen when
negotiations faltered.
Stallman Promoted
By Stanley-Warner
Philadelphia, Sept. 30. — J. Lester
Stallman, manager of the Circle, key
Stanley-Warner neighborhood house
in the northeast section of the city, has
been promoted to district manager for
Warners for northern Philadelphia.
Stallman has been district manager
for Warners in Atlantic City, Camden
and Wilmington. Recently, George
Keenan of Warners' publicity staff
was appointed his aide at the Circle.
Peggy Wood Gets Role
Hollywood, Sept. 30. — Peggy
Wood has been engaged by Warners
to replace Genevieve Tobin in "Right
to Live."
Chicago, Sept. 30. — "Belle of the
Nineties" continued to pack 'em in in
the second week at the Chicago, the
take running up to $40,000, over aver-
age by $5,400.
"The Personality Kid" also devel-
oped surprising strength. The $22,000
gross was $7,000 up. "Embarrassing
Moments," at the State-Lake, took a
fine $16,000.
"Dames" and "Judge Priest" were
still going strong in their second
weeks at the Roosevelt and Apollo,
respectively.
Total first run business was $138,-
500. Average is $131,600.
Estimated takings :
Week Ending Sept. 25:
"COUNT OF MONTE CRISTO" (U. A.)
UNITED ARTISTS — (1,700). 30c-40c-60c,
3rd week, 9 days. Gross: $17,000. (Average,
$17,000)
Week Ending Sept. 27:
"BELLE OF THE NINETIES" (Para.)
CHICAGO— (4,000), 35c-50c-68c, 2nd week,
7 days. B. & K. stage production. Gross:
$40,000. (Average, $34,600)
"THE PERSONALITY KID" (Warners)
ORIENTAL— (3,940), 25c-40c, 7 days.
Mills Bros., Al Norman & Co. on stage.
Gross: $22,000. (Average, $15,000)
"RICHEST GIRL IN THE WORLD"
(Radio)
PALACE — (2,509), 25c-35c-50c, 7 days.
Lillian Shade & J. Fred Coots, Stuart &
Lash, 12 Aristocrats on stage. Gross: $22,-
000. (Average, $22,000)
Week Ending Sept. 28:
"CRIME WITHOUT PASSION" (Para.)
GARRICK— (900), 25c-35c-40c, 7 days.
Gross: $4,500. (Average, $5,000)
"DAMES" (Warners)
ROOSEVELT— (1,591), 25c-35c-50c, 3rd
week, 4 days. Gross: $7,000. (Average, $11,-
000)
"JUDGE PRIEST" (Fox)
APOLLO— (1,400). 25c-35c-50c, 7 days, 2nd
week. Gross: $10,000. (Average, $12,000)
Week Ending Sept. 29:
"EMBARRASSING MOMENTS" (Univ.)
STATE-LAKE— (2,776), 20c-25c-35c, 7
days. Lina Basquette, Jay C. Flippen, Ross
& Ayres, 5 Blue Eagles on stage. Gross:
$16,000. (Average, $15,000)
N. C. Grosses Total
$4,100,000 in 1933
(Continued from page 1)
roll payments for 1933 aggregated
$660,000.
Reporting on the most important
cities, the bureau showed that four
houses in Durham had a box-office
take of $233,000 and payrolls of $34,-
000 ; five in Winston-Salem took in
$331,000 and had a payroll of $48,000;
five in Greensboro took $315,000 on a
payroll of $42,000 ; and four in Char-
lotte took in $346,000 and had a pay-
| roll of $60,000.
"Belle" Is $8,500
Seattle Smash Hit
Seattle, Sept. 30. — This town went
for "Belle of the Nineties" in a big
way, piling up a take of $8,500 at the
Fifth Avenue. This is $1,500 to the
good.
This made it hard on other first
runs. "The Last Gentleman" was the
only one to get anywhere near average.
Total first run business was $30,800.
Average is $31,000.
Estimated takings for the week end-
ing Sept. 29:
"BRITISH AGENT" (Warners)
BLUE MOUSE— (950), 25c-40c-55c, 7
days. (Extended run from Music Hall.)
Gross: $3,200. (Average, $4,000)
"BELLE OF THE NINETIES" (Para.)
FIFTH AVENUE— (2,450), 25c-40c-55c, 7
days. Gross: $8,500. (Average. $7,000)
"CRIME OF HELEN STANLEY" (Col.)
"WEST OF THE DIVIDE" (Monogram)
LIBERTY— (1,800), 10c-15c-25c, 7 days.
Gross: $3,800. (Average, $4,000)
"CASE OF THE HOWLING DOG"
(Warners)
"ADVENTURE GIRL" (Radio)
MUSIC BOX— (950), 25c-35c-50c, 7 days.
Gross: $3,300. (Average, $3,500)
"THE LAST GENTLEMAN" (U. A.)
MUSIC HALL— (2,275), 25c-40c-55c, 7
days. Gross: $6,400. (Average, $6,500)
"THE HIDEOUT" (M-G-M)
PARAMOUNT— (3,050), 25c-35c, 7 days.
Vaudeville headed by Fay Courtney. Gross:
$5,600. (Average, $6,000)
National Screen to
Retain M-G-M Work
National Screen Service will con-
tinue to make trailers on all M-G-M
subjects, it was stated Saturday. The
company has been turning out advance
announcements on Warner-First Na-
tional pictures ever since Warners de-
cided to make its own trailers.
M-G-M starts releasing its own
trailers early in January, using actual
scenes from films for the announce-
ments. National Screen, which has
been using stills and off-screen dia-
logue on Warner trailers, will use
the same idea on M-G-M pictures, it
is understood.
"One Night" Heavy
Draw on the Coast
Hollywood, Sept. 30. — "One Night
of Love" is continuing to do record
business on the coast. The picture is
now in its fifth week at the Orpheum
in San Francisco; in its fourth week
at the Sierra in Stockton; in its fifth
week at the Sierra in Sacramento; in
its second week at the Spreckles in
San Diego, and in its fourth week at
the Criterion in Los Angeles.
S. & C. Dates
Key to Local
Product Deal
(Continued from page 1)
Jefferson on product, each of the
houses to be operated independently,
but with the Academy getting first
choice of the combined pictures.
George Skouras is now working on
a deal with RKO to pool the River-
side, owned by William White and for
which Skouras has a management
deal, with RKO's 81st St., on a day-
and-date product arrangement.
Skouras has Fox, while RKO has
half of Paramount and Warner-First
Xational, in addition to all of RKO.
Before Skouras gives up any of the
Fox bookings, he wants to get the
same availabilities as RKO on Para-
mount and Warner-First National.
Springer & Cocalis come into the
picture with second run contracts for
Paramount and Warners for the Sym-
phony and Stoddard, after the 81st
St. Skouras, in order to get first
run bookings, must get the consent of
Jack Springer and Sam Cocalis is to
play ahead of the Symphony and Stod-
dard. Negotiations to this end are
under way and will probably be set-
tled this week. Distributors are un-
derstood willing to cooperate.
Randforce will take over the Utica,
Brooklyn, from RKO, when the deal
is concluded.
Discussions for half of Universal
and Columbia product between distrib-
utor representatives and RKO are
expected to be completed today or to-
morrow.
Interfaith Group
Will Review Work
(Continued from page 1)
who is chairman of the committee, has
set Oct. 10 as the tentative date for
the meeting in the rectory of Holy
Cross Catholic Church.
According to reports, both Protes-
tant and Catholic members of the com-
mittee are pleased with the work of
Joseph I. Breen, production code ad-
ministrator, as head of the industry's
new self-regulatory body. Fear is ex-
pressed, however, lest Breen be re-
moved from his present duties after
the agitation for reform subsides.
Future of Mexican
Trade Now in Doubt
Mexico City, Sept. 30. — Whether
or not high taxation will compel
American distributors to abandon
Mexico is the question being studied
by Joseph M. Schenck, president of
United Artists, who arrived here re-
cently with Douglas Fairbanks.
Every effort will be made by Ameri-
can producers to supply Mexico with
films in the future as they have in past,
Schenck said. As an added difficulty,
however, he cited the recent imposition
of an additional 10 per cent tax on
gross receipts.
In addition to Schenck and Fair-
banks, Dolores del Rio, Ramon No-
varro, Jose Mojica, Joan Marsh and
Katherine de Mille were here for the
opening of the recently completed Pal-
ace of Fine Arts last night.
THEATRE OWNERS
TAKE ACTION
ON
NATIONAL
HOUSING
ACT
Better Theatres will continue
to report and assist the progress of
theatre modernization and invites ex-
hibitors to make free use of its
services; questions relating to recon-
struction, replacements and improve-
ments will receive immediate attention
and replies made available to all thea-
tre owners by publication in forth-
coming issues. On request, Better
Theatres will supply list of local
financial institutions through which
loans mav be obtained.
Stirred to action by reports in Motion Picture Daily,
Motion Picture Herald and Better Theatres that the
National Housing Act provides $3 3,000,000 in credit to motion
picture theatres for repairs, replacements and improvements,
hundreds of theatre owners have signified intention to borrow as
quickly as possible to recondition their theatres.
The Government has presented an opportunity and a challenge
that has awakened the interest of the whole motion picture
industry. The theatre is the proving ground for all the costly
efforts in production, and must add its share toward the final
triumph of its presentations. It is necessary that motion pictures
be shown in surroundings that are not only safe and sanitary but
pleasing and comfortable. Theatre owners recognize that these
attributes of their theatres contribute solidly to their rewards.
Although the National Housing Act was designed as a broad
recovery measure for the 1,6,000,000 buildings in the country in
need of repair, the Government has recognized the importance of
the motion picture theatre in the prosperity and well-being of
the nation and made definite provision for them. It remains for
theatre owners to make immediate use of so rare an opportunity.
BETTER THEATRES
MOTION PICTURE
DAILY
Monday, October I, 1934
Boston Slips;
"Belle" Gets
$31,000 Take
Boston, Sept. 30. — Grosses were
somewhat disappointing last week.
After a steady recent climb, the totals
were confidently expected to surpass
those of a week ago. Instead, the drop
was about $3,000 .
Metropolitan's total, $31,000, was
lower than had been expected, with
Mae West's "Belle of the Nineties"
grossing a scant $3,000 over average.
Keith's held over "The Count of
Monte Cristo" which was good for
$16,000, the house average, after do-
ing $17,500 the previous week.
"The Scarlet Letter" at the Boston
grossed $1,500 over average with a
vaudeville program on the boards.
Total first run business was $100,-
500. Average is $94,000.
Estimated takings for the week
ending Sept. 27 :
"THE SCARLET LETTER" (Majestic)
BOSTON— (2,900), 25c-50c, 7 days. Vaude.
Gross: $177500. Average, $16,000.)
"THE WORLD MOVES ON" (Fox)
"WAGON WHEELS" (Para.)
FENWAY— (1,800), 30c-50c, 7 days.
Gross: $9,500. (Average, $9,000.)
"THE COUNT OF MONTE CRISTO"
(U. A.) (Second week)
KEITH'S— (3,500). 30c-65c, 7 days, Gross:
$16,000. (Average, $16,000.)
"THE BARRETTS OF WIMPOLE
STREET" (M-G-M)
LOEWS STATE— (3,700), 35c-50c, 7 days.
Gross: $16,500. (Average, $16,000.)
"BELLE OF THE NINETIES" (Para.)
METROPOLITAN— (4,350), 30c-65c, 7
days. Borrah Minnevitch and His Ras-
cals. Gross: $31,000. (Average, $28,000.)
"THE WORLD MOVES ON" (Fox)
"WAGON WHEELS" (Para.)
PARAMOUNT— (1,800). 30c-50c, 7 days.
Gross: $10,000. (Average, $10,000.)
Buffalo Stampedes
To Mae West Film
Buffalo, Sept. 30. — Even tempera-
tures of 85 and 87, followed by rain,
high wind and cold, failed to prevent
a boom week. The best record was
Mae West's "Belle of the Nineties,"
which did $18,800, or $8,800 over nor-
mal, and was held over.
"One Night of Love" is going for
a third week in the Lafayette, having
got more its second week than its first.
The second week takings were $9,700,
or $3,200 over average. "Hideout"
and Morton Downey got $17,200, or
$2,900 to the good.
Total first run grosses were $58,800.
Average is $46,300.
Estimated takings for the week end-
ing Sept. 28:
"HIDEOUT" (M-G-M)
BUFFALO — (3,500), 30c-55c, 7 days.
Stage: Morton Downey; Ben Dova; Three
Samuels Brothers, with Harriet Hayes and
Madalyn White; fashion show. Gross:
$17,200. (Average, $14,300.)
"FRIENDS OF MR. SWEENEY"
(Warners)
"THE CRIME DOCTOR" (Radio)
CENTURY— (3,000), 25c, 7 days. Gross:
$6,100. (Average, $6,000.)
"ELMER AND ELSIE" (Para.)
"MAN OF TWO WORLDS" (Radio)
COURT STREET— (1,200), 25c, 7 days.
Gross: $500. (Average, $1,500.)
"BELLE OF THE NINETIES" (Para.)
GREAT LAKES— (3,000), 25c-40c, 7 davs.
Gross: $18,800. (Average, $10,000.)
"A LOST LADY" (F. N.)
HIPPODROME— (2,100), 25c-40c, 7 days
Gross: $6,500. (Average, $8,000.)
"ONE NIGHT OF LOVE" (Col.)
LAFAYETTE— (3,000), 25c, 7 days, 2d
week. McLarnin-Ross fight films. Gross:
$9,700. (Average, $6,500.)
"Side Streets
Minneapolis
" with Show Is
Top at $6,500
Denver Tips
"Belle" Huge
$16,500 Take
Denver, Sept. 30. — After piling up
$16,500 at the Denham, just $12,500
over average, "Belle of the Nineties"
was held for a second week and prob-
ably will run into a third.
"British Agent" was pulled at the
end of six days in the Denver with a
take of $4,000. The weather turned
cool. "Chained" took a strong $2,100
at the Paramount after having had a
fine seven days previously at the
Denver.
Total first run business was $31,500.
Average is $20,500.
Estimated takings for the week end-
ing Sept. 27 :
"CHARLIE CHAN IN LONDON" (Fox)
ALADDIN— (1,500), 25c-35c-50c, 7 days.
Gross: $2,000. (Average, $2,500)
"BELLE OF THE NINETIES" (Para.)
DENHAM— (1,500), 25c-35c-50c, 7 days.
Gross: $16,500. (Average, $4,000)
"BRITISH AGENT* (F.N.)
DENVER— (2.500), 25c-35c-50c, 6 days.
Gross: $4,000. (Average, $6,000)
"HIDE OUT' (M-G-M)
ORPHEUM— (2,600). 25c-35c-50c, 7 days.
Gross: $6,000. (Average, $6,000)
"TOMORROW'S CHILDREN" (Fox)
PARAMOUNT— (2,000). 25c-40c, 3 days.
Gross: $900.
"CHAINED" (M-G-M)
PARAMOUNT— (2,000), 25c-40c, 5 days.
Gross: $2,100. (Average for week, $2,000)
"Wimpole" $13,000
Hit in Providence
Providence, Sept. 30. — "Barretts of
Wimpole Street" clicked to the biggest
business in town here, catching $13,000
at Loew's State to better the par fig-
ure by $1,000. Fay's, with a combo
bill of "Housewife" and "Spices of
1934." caught a neat $8,000, also $1,000
to the good, and the Majestic did
$8,000 with "British Agent" and
"Lovetime."
One of the surprises of the week
was the failure of "One Night of
Love" and "Crime Without Passion"
to pull more than $7,000 at the Strand.
Total first run business was $44,200.
Average is $40,500.
Estimated takings for the week end-
ing Sept. 27:
"BARRETTS OF WIMPOLE STREET"
(M-G-M)
LOEW'S STATE — (3,800). 15c-40c, 7 days.
Gross: $13,000. (Average. $12,000)
"HOUSEWIFE" (Warners)
FAY'S— (1.600), 15c-40c, 7 days. "Spices
of 1934" heading stage bill. Gross: $8,000.
(Average, $7,000)
"BRITISH AGENT" (Warners)
"LOVETIME" (Univ.)
MAJESTIC— (2,400), 15c-40c, 7 days.
Gross: $8,000. (Average, $7,000)
"ONE NIGHT OF LOVE" (Col.)
"CRIME WITHOUT PASSION" (Para.)
STRAND— (2.300). 15c-40c, 7 days. Gross:
$7,000. (Average, $6,500)
"AGE OF INNOCENCE" (Radio)
RKO ALBEE— (2,300), 15c-40c, 7 days.
"Dance Gaieties" on stage. Gross: $7,000.
(Average. $7.0001
"HAT. COAT AND GLOVE" (Radio)
"THEIR BIG MOMENT" (Radio)
RKO VICTORY— (1,600), 10c-25c, 4 days.
Gross: $1,100. (Average, $1,000)
Minneapolis, Sept. 30.— "Side
Streets," with a stage show, led off
here with $6,500 at the Orpheum,
while "Servants' Entrance" topped St.
Paul with $6,000 at the Paramount.
"Belle of the Nineties" also made
a good showing here, getting $6,000,
over par by $500, at the State. "One
More River" was $500 up on a $3,000
gross at the World in its second week.
"The Cat's Paw" was a good draw
at $4,500 in the St. Paul Riviera.
Total business in the six Minneapo-
lis first runs was $23,500. Average is
$21,000. Five St. Paul houses took
$18,800. Average there is $16,000.
Estimated takings :
Minneapolis:
Week Ending Sept. 27:
"THE CATS PAW" (Fox)
CENTURY— (1,000), 25c-40c, 7 days.
Gross: $2,500. (Average, $4,000)
"STRAIGHT IS THE WAY" (M-G-M)
LYRIC— (1,000), 20c-25c, 7 days. Gross:
$1,500. (Average, $1,500)
Week Ending Sept. 28:
"SIDE STREETS" (F. N.)
RKO ORPHEUM-(2.900), 25c-30c, 7 days.
"The Passing Review" on stage. Gross:
$6,500. (Average, $5,500)
"BELLE OF THE NINETIES" (Para.)
STATE— (2,300), 25c-40c, 7 days. Gross:
$6,000. (Average. $5,500)
"FINISHING SCHOOL" (Radio)
TIME— (300), 25c-35c. 7 days. Gross:
$2,000. (Average, $2,500)
"ONE MORE RIVER" (Univ.)
WORLD— (400), 25c-75c. 7 days, 2nd week.
Gross: $3,000. (Average, $2,500)
St. Paul:
Week Ending Sept. 27:
"SERVANTS' ENTRANCE" (Fox)
PARAMOUNT— (2,300). 25c-40c, 7 days.
Gross: $6,000. (Average, $5,500)
"THE CAT'S PAW" (Fox)
RIVIERA— (1,200), 25c-40c, 7 days Gross:
$4,500. (Average. $3,500)
"ROMANCE IN THE RAIN" (Univ.)
RKO ORPHEUM— (2,000), 20c-40c, 7 days.
George Beatty heading five acts. Gross:
$4,000. (Average. $4,000)
"DEATH ON THE DIAMOND" (M-G-M)
TOWER-(1,000), 15c-25c, 7 davs. Gross:
$1,800. (Average. $1,500)
"JANE EYRE" (Monogram)
WORLD— (300). 25c-75c, 7 davs. 2nd week
Gross: $2,500. (Average. $2,000)
"We Live" Runs Held Up
Hollywood, Sept. 30.— Samuel Gold-
wyn will not permit "We Live Again"
to be shown in any other theatre until
after the Broadway run at the Rivoli
Oct. 10-17, if "The Count of Monte
Cristo" is out by that time.
Oberon for "Follies"
Hollywood, Sept. 30.— Merle Oberon
fiancee of Joseph M. Schenck. gets the
feminine lead opposite Maurice Cheva-
lier in 20th Century's "Follies Bergere."
Reginald Owen has been signed for
the second male lead.
"Chan," Show
Pull % 18,500,
Philadelphia
Philadelphia, Sept. 30. — "Charlie
Chan in London," with Thurston, the
magician, on the stage, was the big
draw of the week here. The $18,500
gross was over par by $6,500.
"Belle of the Nineties" also was
a heavy draw at $14,000, over the line
by $2,000.
Total first run business was $76,800.
Average is $66,100.
Estimated takings for the week end-
ing Sept. 27:
"COUNT OF MONTE CRISTO" (U. A.)
ALDIXE— (1,200), 40c-55c-65c, 6 days, 2nd
week. Gross: $9,500. (Average, $7,000)
"PARIS INTERLUDE" (M-G-M)
ARCADIA— (600), 25c-40c-50c, 4 days, 2nd
run. Gross: $1,300. (Average, 6 days, $2,400)
"CHAINED" (M-G-M)
BOYD — (2,400), 40c-S5c-65c, 6 days, 2nd
week. Gross: $9,500. (Average, $12,000)
"CASE OF THE HOWLING DOG" (War.)
EARLE— (2,000), 40c-55c-65c, 6 days.
Stage: "Rise of the Goldbergs"; Radio
Aces, Wonder Girls, Medley and Duprey.
Gross: $16,000. (Average, $12,000)
"CHARLIE CHAN IN LONDON" (Fox)
FOX— (3,000), 30c-40c-65c, 6 days. Stage:
Thurston, the magician. Gross: $18,500.
(Average. $12,000)
"THERE'S ALWAYS TOMORROW"
(Univ.)
KARLTOX— (1,000), 30c-40c-50c, 6 days.
Gross: $2,400. (Average. $3,500)
"BELLE OF THE NINETIES" (Para.)
STAXLEY— (3,700). 40c-55c-65c, 6 days.
Gross: $14,000. (Average, $12,000.
"DEATH ON THE DIAMOND" (M-G-M)
STAXTOX— (1.700), 40c-55c-65c. 6 days.
Gross: $5,600. Average, $6,000)
"Hideout" Strong
In Omaha, $4,800
Omaha, Sept. 30.— The World,
which has been at the bottom of the
gross averages for weeks, did an out-
standing business with "Hideout" and
"Heat Lightning." The take was
$4,800.
"Servants' Entrance" and "The Hu-
man Side" pulled heavily at the Or-
pheum, reaching $9,200.
Total first run business was $18,300.
Average is $16,000.
Estimated takings :
Week Ending Sept. 26:
"HIDEOUT' (M-G-M)
"HEAT LIGHTNING" (Warners)
WORLD— (2.200). 25c-40c, 7 days. Gross:
$4,800. (Average, $4,000)
Week Ending Sept. 27:
"THE RICHEST GIRL IN THE WORLD"
(Radio)
"THEIR BIG MOMENT' (Radio)
BRAXDEIS— (1,500). 20c-25c-35c. 7 days.
Gross: $4,500. (Average. $4,000)
"SERVANTS' ENTRANCE" (Fox)
"THE HUMAN SIDE" (Univ.)
ORPHEUM— (3,000), 25c-40c. 7 days.
Gross: $9,200. (Average. S8,000)
NOW YOU CAN PREVIEW PICTURES
AS SHOWN IN BROADWAY DELUXERS
1. Blended Wide Range Fidelity Sound.
(may be adjusted to suit the individual picture)
2. High Intensity Illumination.
(colored prints revealed in their full glory)
3. Modernistic, Luxurious Surroundings.
(dignified presentations with privacy and comfort)
Vault, Moviola and Cutting Rooms as added conveniences.
EAST COAST PROJECTION & MOVIOLA SERVICE
1600 BROADWAY
N. Y. C.
CHIC 4-1717
The Leading
Daily
|Newspaper|
; <l
Motion !
Picture
Industry
MOTION PICTURE
DAILY
Alert,
Intelligent
arid^
Faithfuf| m
Service %W
the Industry
in All
Branches
OL. 36. NO. 78
NEW YORK, TUESDAY, OCTOBER 2, 1934
TEN CENTS
V
Moross Urges
Rate Tip by
K. C. Houses
Campi Aide Critical of
Subsequent Scales
Kansas City, Oct. 1. — Admis-
sion increases at subsequent runs was
urged on local exhibitors by S. A.
Moross, assistant to John C. Flinn,
Campi secretary, in informal discussion
of a workable method whereby prices
may be stabilized.
"The day of the nickelodeon is past
and we certainly don't want to bring
it back," he said.
Moross encountered a situation
among Kansas City subsequents he
(Continued on page 6)
Coast Production
Takes Sharp Rise
Hollywood, Oct. 1. — Production
last week took a sharp rise over the
preceding week and passed the average
for the past three years. Forty-four
features and six shorts were in work as
against 36 and six for the preceding
week.
Paramount and Radio led the fea-
ture field with seven pictures each be-
fore the cameras. This was followed
by Warners with six ; Columbia and
M-G-M, five each ; Universal, four ;
(Continued on page 8)
Revamped Newsreels
Making Debut Today
The first issue of the new Fox
Movietone News makes its appearance
today simultaneously with the initial
release of the reorganized Hearst
Metrotone News. The Fox newsreel
is now under the editorship of Lau-
rence Stallings, with Lowell Thomas
serving as commentator-in-chief. It
is reported the reel will be longer
and contain a number of new features.
Edwin C. Hill will be the "voice" of
Hearst Metrotone.
Wyoming Grosses in
1933 Were $873,000
Washington, Oct. 1. — Box-office
receipts of $873,000 and aggregate
payrolls of $163,000 were reported for
1933 by 37 film and vaudefilm houses
in Wyoming, it was announced today
by the U. S. Census Bureau.
Results of the census in Idaho and
Nebraska show that the former state
(Continued on page 6)
Hope Gaining
For Averting
Mexican Tax
American Group in Talk
With the President
By JAMES LOCKHART
Mexico City, Oct. 1. — American
distributors are optimistic over the
progress of negotiations with the Mex-
ican government for the purpose of
averting the proposed application of
a 10 per cent tax on rented articles
to films.
The American delegation, Joseph
M. Schenck, Douglas Fairbanks and
Major F. L. Herron of the Hays
office, in an interview with President
Rodriguez, urged exemption of films
on the ground that the tax would
make it impossible for American com-
panies to continue in business.
Distributors believe the Finance
Ministry is favorably disposed to-
wards exempting films. It has pointed
out that the duties on films and discs,
were not for the purpose of banning
imports, but were designed to stimu-
late Mexican production.
Pathe Hearing Goes
Over for More Facts
Hearing on application of Pathe
Exchange for permission to hold an
extraordinary meeting of stockholders
to pass on reorganization plans was
put over a week in the New York
Supreme Court yesterday. The post-
ponement was made to allow for filing
additional information concerning the
plan.
French-Soviet Deal
Set for Joint Film
By BELLA KASHIN
Moscow, Oct. 1. — A French film
group known as the European Cinema
Trust has stolen a march upon Amer-
ican producers who have been nego-
tiating deals for joint Soviet-American
production.
It was announced today that the
Soviet authorities have closed a deal
for joint filming of "Peter the Great,"
(Continued on page 6)
Theatre Valuations
Cut by $1,305,000
Assessment cuts totalling $1,305,000
on 13 film theatres for 1935 were
announced yesterday by William
Stanley, acting president of the De-
partment of Taxes and Assessments.
The cuts range from $200,000 down
(Continued on page 8)
Giannini Colonel
Dr. A. H. Giannini will be
added to the list of Kentucky
colonels Thursday when the
appointment will be made
officially by Governor Ruby
Laffoon.
Tobis Begins
Distribution
For England
By J. K. RUTENBERG
Berlin, Oct. 1. — Tobis Film Dis-
tribution, Ltd., founded by the Inter-
nationale Tobis Maatschappij N. V.,
Amsterdam, some time ago, has
started with distribution of Tobis
films in England. A contract with
Curzon Cinemas, Ltd., guarantees the
showing of films which have been
made by the various Tobis subsidi-
aries in Germany, France, Austria,
Spain and Portugal.
* * *
The German film offer for 1934-35
amounts to 231 feature films, accord-
ing to the latest figures available.
(Continued on page 6)
Rosenblatt Going
To Address Labor
Washington, Oct. 1. — Division
Administrator Sol A. Rosenblatt will
leave Washington tomorrow morning
by air for San Francisco where, on
Friday, he will address the American
(Continued on page 6)
Photoplay's Medal
To "Little Women"
"Little Women," which starred Ka-
tharine Hepburn, has been awarded
the Photoplay Magazine Gold Medal
as the finest film produced during
1933, Katharyn Dougherty, publisher
of the magazine, states in the No-
vember issue.
At the International Exposition,
held in Venice, Miss Hepburn was
awarded the gold medal to the act-
ress giving the "supreme dramatic
performance on the screen," for her
work in "Little Women."
M-G-M Drops Plans
On Wandering Jew'
M-G-M yesteray definitely dropped
"The Wandering Jew" and Franklin
Films Co., which owned the American
(Continued on page 8)
Grosses Run
On Level of
Last Autumn
Reports Are Compiled
From 22 Key Spots
Grosses are running pretty closely
along the levels they followed last
year at this time. For the third week
of September the total take in 22 key
cities was $1,393,008. A year ago in
the final week of September the total
was $1,342,710.
This is a little below the high level
reached during the first two weeks of
the month, when takes went up to the
(Continued on page 6)
Para. Claims Up
To $154,047,735
That claims filed against Paramount
Publix stood at $154,047,735.82 on
Sept. 15 was revealed yesterday in
a statement issued by the trustees.
On June 18, when the bankruptcy
ended and the corporation went into
receivership, a report made to the
court by the trustees listed total claims
at that time as $50,600,000.
Yesterday's statement follows :
"The total of claims filed in the
Paramount bankruptcy proceeding
(Continued on page 8)
GFTA Opens 2-Day
Session at Atlanta
Atlanta, Oct. 1. — G.F.T.A. Inde-
pendent Theatres' Ass'n opened its
two-day convention here at the Robert
Fulton Hotel today, with Ike Katz,
Montgomery, Ala., president, in the
chair. Sidney Samuelson addressed
the convention. A dinner-dance is
a feature of the entertainment, to be
held at Wieuca Inn.
Among important matters before
the convention is a report from a spe-
cial committee which went to Wash-
ington for a conference with Division
(Continued on page 8)
Wehrenberg Shaken
In Motor Car Crash
St. Louis, Oct. 1. — Fred Wehren-
berg, president of the M.P.T.O. unit
here, and Louis C. Hehl, secretary-
treasurer, had a narrow escape frorr
death when Wehrenberg's car skidded
off an oiled road in a rain storm late
at night. They were returning from
the dedication of the New Mercier
Theatre, Perryville, Mo.
Wehrenberg was bruised. Hehl's
nose was fractured and he was cut
painfully.
MOTION PICTURE
DAILY
Tuesday. October 2. 1934
MOTION PICTURE
DAILY
(Registered U. S. Patent Office)
Vol. 36
October 2, 1934
No. 78
Martin Quigley
Editor-in-Chief and Publisher
MAURICE KANN
Editor
JAMES A. CRON
Advertising Manager
Published daily except Sunday and holi-
days by Motion Picture Daily, Inc., sub-
sidiary of Quigley Publications, Inc.,
Martin Quigley, President; Colvin Brown,
Vice-President and Treasurer.
Publication Office: 1790 Broadway, New
York. Telephone Circle 7-3100. Cable ad-
dress "Quigpubco, New York." All con-
tents copyrighted 1934 by Motion Picture
Daily, Inc. Address all correspondence to
the New York Office. Other Quigley pub-
lications- MOTION PICTURE HERALD
BETTER THEATRES, THE MOTION^
PICTURE ALMANAC and THE CHI-
CACOAN. , tt • tt
Hollywood Bureau: Postal Union Life
Building, Vine and Yucca Streets, Victor
M. Sliapiro, Manager; Chicago Bureau: 407
South Dearborn Street, Edwin S. Cltf-
ford, Manager; London Bureau: Remo
House, 310 Regent St., London, W. 1,
Bruce Allan, Representative. Cable address:
"Quigpubco, London"; Berlin Bureau:
3e"rlin-Tempelhof, Kaiserin-Augustastrasse
28, Joachim K. Rutenberg, Representative;
Paris Bureau: 19, Rue de la Cour-des-
Noues, Pierre Autre, Representative; Rome
Bureau: Viale Gorizia, Vittorio Malpassutt,
Representative; Sydney Bureau: 102 Sus-
sex Street, Cliff Holt, Representative; Mex-
ico City Bureau: Apartado 269, James
Lockhart, Representative; Glasgow Bureau:
86 Dundrennan Road, G. Holmes, Repre-
sentative; Budapest Bureau: 3, Kaplar-u,
Budapest, II, Endre Hevesi, Representa-
tive; Moscow Bureau: Civtzev Vrazhek, N.
25, Apart. 146, Moscow, U. S. S. R., Bella
Kashin, Representative. Cable address.
Samrod, Moscow.
Entered as second class matter, January
4 1926, at the Post Office at New York
City, N. Y., under Act of March 3, 1879.
Subscription rates per year; $6 in the
Americas, except Canada $15 and foreign
$12. Single copies: 10 cents.
Harry Askin Funeral
Funeral services for Harry Askin,
legitimate theatre manager and for-
mer manager of John Philip Sousa,
will be held today in the Campbell
Funeral Church at 10 o'clock. He
died Sunday.
Askin is survived by his widow, a
son and a daughter by a former
marriage and a brother.
Start Ohio Tax Fight
Columbus, Oct. 1. — The first of a
series of meetings under the auspices
of the Ohio I. T. O. as part of a
campaign to secure repeal of the 10
per cent admission tax was held here
today. Another is to be held in
Cleveland tomorrow, with a third at
Cincinnati on Friday.
Mayer Here Tomorrow
Louis B. Mayer returns from a
two-month absence in Europe tomor-
row aboard the Paris. Howard
Strickling, M-G-M's publicity director
on the coast, will be with him.
Quigley Ampa Chairman
Martin Quigley will be guest chair-
man at the Ampa Thursday. Mark
Ostrer and Jeffrey Bernerd of Gau-
mont British will be guests of honor.
DeMille Recovering
Hollywood, Oct. 1. — Cecil B. De-
Mille was recuperating today from a
minor operation. His condition is
pronounced as favorable.
First Division Sets
June for New Lineup
First Division expects to complete
national representation in the United
States by next June. With 60 per
cent of the country now covered, the
company plans to be in every im-
portant situation with its own branch
within the next nine months.
Al Friedlander in all probability
will handle the development of ex-
changes in the west. He figured im-
portantly in setting Up a number of
the company's branches in the east,
midwest and south. The company
has just closed a franchise deal with
Mike Howard for Atlanta.
For the present, First Division will
concentrate on production of four pic-
tures which will supplement product
contracted for with outside producers.
Stories, stars and directors are now
being lined up.
U. A. Sets Six Deals
United Artists has closed deals with
six Greater New York circuits involv-
ing 115 theatres. Circuits and theatres
represented are : Randforce, 42 ; Cen-
tury, 30 ; Prudential, 28 ; Harry Har-
ris, seven ; RKO, five ; Roth, three,
and Sidney Samuelson's Newton, at
Newton, N. J. Other deals for RKO
theatres as well as Skouras are in
negotiation and will probably be
closed within the next few days.
Ernest Schwartz Gaining
Cleveland, Oct. 1. — Ernest Schwartz
is still in a critical condition as a
result of the shooting nine days ago
during which he was struck by four
bullets, but hospital authorities report
that he is resting comfortably, and
if no complications set in he has an
excellent chance of recovery.
Hollywood to Lew Brown
Lew Brown, stage producer, has
leased the Hollywood Theatre here
from Warners and will present a num-
ber of musical shows there, the first
to be "Calling All Stars," which opens
Thanksgiving week.
Film & Photo Revivals
The Film & Photo League . will
oresent its second subscription series
of film revivals at the New School for
Social Research beginning Oct. 13.
Ten pictures will be shown.
Katz Theatres Go On
Operation of Monarch The-
atres will not be affected by
the fact that Sam Katz is
joining M-G-M as an execu-
tive assistant to Louis B.
Mayer. Milton Field is pres-
ident of the circuit.
Katz has not yet made up
his mind when he will leave
for the coast. He is waiting
for Mayer to arrive from
London tomorrow to discuss
future plans.
Weeks Lines Up Men
In Three Key Cities
George Weeks has appointed Tony
Ryan manager of Gaumont British
exchanges in Buffalo and Albany and
Herb Given as head of the Philadel-
phia office.
James Sper will be attached to the
Buffalo office, while Lester D. Wolfe
will handle Albany sales. Joe Singer
is on Given's Quaker City force.
Weeks arrives in Washington to-
day and will be in Pittsburgh tomor-
row. On Thursday he will be in Cin-
cinnati and the following day in
Cleveland. On Saturday Weeks will
be in Detroit. He is lining up sales
staffs to work out of Fox exchanges
as he goes along.
Van Leer Goes to G-B
Arnold Van Leer, who handled pub-
licity for Morris Gest for 10 years
and has been identified with Warners,
RKO and Columbia, has joined A. P.
Waxman's staff at Gaumont British.
He will handle the Criterion for G-B
when "Man of Aran" opens Oct. 19
on a two-a-day policy.
G-B Declares Dividend
Gaumont British has declared a four
per cent quarterly dividend on its
outstanding common stock.
Stebbins Heads East
Hollywood, Oct. 1. — Arthur W.
Stebbins is scheduled to leave for New
York today.
Columbia Signs Jory
Hollywood, Oct. 1. — Columbia
has signed Victor Jory to a termer.
Loew's Off 2 on Big Board
Net
High Low Close Change
Columbia Pictures, vtc 34% 34% 34% — %
Consolidated Film Industries 3 3 3 — }4
Eastman Kodak 99% 9954 9954 — 54
Eastman Kodak, pfd 141 141 141 — 54
Fox Film "A" 12% 11% 11% — %
Loew's, Inc 28% 2754 WA —2
Paramount Publix 4% 4ji 4%
Pathe Exchange 1% 1% 154 — %
"athe Exchange "A" 13 12 12 — V/s
RKO 2% 2% 2%
Warner Bros 5 4% 4% — %
Technicolor Only Issue on Curb
Net
High Low Close Change
Technicolor 1254 12% 1254
Warner Bonds Drop 2 Points
Net
High Low Close Change
General Theatre Equipment 6s '40 6% 6% 6% — %
General Theatre Equipment 6s '40, ctf 6% 6% 6% — %
Keith B. F. 6s '46 62% 61% 62% + %
Loew's 6s '41, ww deb rights 101% 101% 10154 — %
Paramount F. L. 6s '47 59% 5954 5954 — 54
Paramount Publix 554s '50 60% 5954 5954 —154
RKO 6s '41, pp 31 31 31 —1
Warner Bros. 6s '39, wd 61 59 59 ^2
Sales
400
300
200
8,000
1.000
5,500
2,100
400
400
1,100
3,500
Sales
300
Sales
2
4
6
2
17
32
3
23
i Purely
Personal ►
MONROE GREENTHAL, U. A.
exploitation chief, has returned
from Washington where he arranged
a special showing of "Our Daily
Bread" at the White House for
President and Mrs. Roosevelt.
Nova Pilbeam, young English play-
er; Jack Hulbert, Mark Ostrer,
Jeffrey Bernerd and Arthur Lee
were week-end guests of Howard S.
Cullman at Purchase, N. Y.
Ida Lupino, accompanied by her
mother, Mrs. Constance Lupino,
will sail for England the latter part
of this week. They will return in
January.
Julian Johnson, head of the Fox
story department, left Hollywood last
night for New York. He'll attend
home office conferences on his arrival
here.
Mort Blum en stock, in charge of
advertising for Warner theatres, is
away on a week's business trip to
Pittsburgh, Cleveland and Washing-
ton.
Benita Hume, English actress, will
arrive tomorrow on the Paris to at-
tend the premiere of "Power" at the
Music Hall on Thursday.
Douglas Churchill, who writes
the Hollywood column in the Sunday
New York Times, is in town on his
first visit in 10 years.
Dr. A. H. Giannini will remain
here about a week longer and then
return to Los Angeles.
William Gargan returns from
England today aboard the Olympic en
route to Hollywood.
Robert Bench ley and J. Walter
Ruben arrive from the coast today.
Korda Signs Churchill
London, Oct. 1. — Winston Church-
ill has been signed by Alexander
Korda, head of London Films, to edit
a series of shorts dealing with topi-
cal interest. Among those in prepa-
ration are "Will Monarchies Re-
turn?" "The Rise of Japan," "Mar-
riage Laws and Customs," "Unem-
ployment," and "Gold."
Release in America will be handled
by United Artists.
Forming Stock Group
Hollywood, Oct. 1. — A stock com-
pany made up of star material will
be formed by Walter Wanger, inde-
pendent producer for Paramount. The
first two to be signed are Peggy Con-
klin and Charles Boyer. Wanger is
now negotiating for other performers.
Owns Newslaughs 100%
Herman B. Freedman, producer of
the Irvin S. Cobb "Newslaughs," is
now sole owner of the stock of News-
laughs, Inc., having purchased H. L.
Cohen's interest in the firm.
Reisman in Tomorrow
Phil Reisman, foreign sales man-
ager of RKO, arrives from Europe
tomorrow on the Paris after an ex-
tended tour that took him to most of
the principal continental cities.
THE
BIGGE ST
TODAf ^
is the first Issue"oP
the NEW and GREATER^
HEARST METRPTQNE
NEWS starring-
EDWIN C. Hill
( The Globe Trotter)
I
The SCREEN SCOOP
OF THE YEAR!!
Universal crashes through first with
a Dickens picture in a Dickensyear!
J ... Bringing to life on the screen those
well-known characters of one of his
most popular stories- Magwitch, Pip (as
boy and man); Estella, Miss Havisham,
Joe Gargery and all the others! ...What
a showman's opportunity — and what
I a wonderful picture to back up every-
thing you do and everything you say
about it!
with
HENRY HULL
PHILLIPS HOLMES
JANE WYATT
Florence Reed, Valerie Hobson,
Alan Hale, Georgie Breakstone and
many, many others. Screenplay by
Gladys Unger. Directed by Stuart
Walker.
MOTION PICTURE
DAILY
Tuejday, October 2, 1934
Moross Urges
Rate Tip by
K. C. Houses
Grosses Running Closely
Along Last Year's Levels
(Continued from page 1)
said he had found nowhere else in his
swing around the middle west and
south. He was surprised and some-
what amused to discover what he
termed a "trick price system" in ef-
fect here, whereby subsequents charge
three different prices for as many
weekly changes of program. These
range from bargain nights at 10 cents
to supposedly regular admissions at
20 cents.
Moross felt a practical plan could
be set up that would be equitable to
all concerned, and believed bargain
prices could be eliminated, at least to
some extent.
"The code is designed to protect ex-
hibitors from ruinous low price com-
petition," he commented.
While he found situations where in-
dividual exhibitors blocked cooperative
action, Moross reported that on the
whole there was a desire to work to-
gether in the cities he had visited,
adding that if exhibitors would act
harmoniously among themselves and
with other branches of the industry,
the problems that now loom large
could be solved without difficulty.
Members of the local boards ex-
pressed themselves as appreciative of
the counsel given by Moross, since he
helped clarify a number of points on
which there had been considerable ar-
gument.
{Continued from page 1)
October and November levels of last
year.
Comparative grosses for the latest available periods :
Week Ending
Sept. 20-21
Last week was $20,737 higher than
the previous week, with gains reported
in 13 of the 22 keys reporting.
Week Ending
Sept. 13-14
No. Theatres
Boston 6
Buffalo 6
Chicago 8
Cleveland 5
Denver 5
Detroit 7
Indianapolis 5
Kansas City 5
Los Angeles 7
Minneapolis 6
Montreal 5
New York 9
Oklahoma City 4
Omaha 3
Philadelphia 8
Pittsburgh 6
Portland 5
Providence 6
San Francisco 7
St. Paul 5
Gross
$103,000
46,700
167,000
45,500
24,500
79,800
23,500
42,500
69,475
23,500
43,000
279,633
12,200
18,700
85,300
55,000
24,200
39,200
80,000
19,000
(Continued on page 8)
No. Theatres
6
6
8
5
5
5
5
5
7
6
5
9
4
3
8
6
6
6
7
5
Gross
$98,500
46,100
154,000
45,200
20,500
65,700
25,500
37,400
74,504
23,600
40,500
313,192
12,500
18,000
75,300
71,900
24,000
34,875
85,500
18,000
Butterfield with Hearst
Allyn Butterfield, who resigned last
week as editor of Universal Newsreel,
has joined the editorial staff of Hearst
Metrotone News. He is on a two-
week vacation, his first in four years,
before taking up his new duties.
'There's HAPPINESS AHEAD, ma'am,
if you don't miss the net."
Wyoming Grosses in
1933 Were $873,000
(Continued from page 1)
last year had 61 film theatres with
receipts of $105,000 an dpayrolls of
$100,000 and 10 other theatres with
receipts of $250,000 and payrolls of
$51,000.
Nebraska had 231 film houses with
receipts of $2,590,000 and payrolls of
$464,000, and 10 other theatres with
receipts of $216,000 and payrolls of
$34,000.
None of the Idaho cities was large
enough to warrant the making of a
separate report, but separate figures
were given for two Nebraska cities,
Omaha being shown to have 28 film
houses with receipts of $1,118,000 and
payrolls of $246,000, and Lincoln four
with receipts of $104,000 and payrolls
of $26,000.
French-Soviet Deal
Set for Joint Film
(Continued from page 1)
a Soviet play by Alexander Tolstoi,
descendant of Count Leo Tolstoi. The
plan calls for two identical films, one
in Russian and the other in French.
Soviet Regisseur Petrov, who made
"The Tempest," will direct both. Pro-
duction will begin in January at the
Leningrad studio, and it is planned
to have the picture ready for release
in the fall.
Cools to Grauman Deal
Los Angeles, Oct. 1. — Fox West
Coast has cooled to an operating deal
for Grauman's Chinese, which went
into bankruptcy last week. United
Artists will reopen the theatre short-
ly at popular prices with Sid Grau-
man in charge.
Actress Weds Director
Santa Barbara, Oct. 1. — Ruth
Channing, an actress, and Hamilton
McFadden were married in Hollywood
Sunday and are here on their honey-
moon.
Tobis Begins
Distribution
For England
(Continued from page 1)
Germany is represented with 177
films, while various film importers
will bring 54 foreign films into Ger-
many. Paramount is distributing
seven; Fox, 16 (seven German and
nine American) ; M-G-M, six; Rota,
on behalf of Universal, five.
* * *
Shareholders of Tobis Tonbildsyn-
dikat A. G., comparable with Western
Electric, will meet tomorrow to ap-
prove the balance of the company and
to decide payment of a dividend.
* * *
The Czechoslovakian republic is dis-
cussing the possibilities of a law pre-
scribing that all German films im-
ported after Jan. 1, 1935, must be
dubbed or distributed with super-im-
posed Czech titles.
* * *
Tobis will distribute some RKO
pictures in France. A contract has
recently been signed by both com-
panies. The contract will embrace
"Little Women" and "Wild Cargo."
The Hepburn film will be distributed
in Germany by Europa.
* * *
The president of the German State
Film Chamber has prohibited erec-
tion of new theatres until March 31,
1935. The ban is equally extended
on all houses which have been closed
down for a considerable time. An
exception from the stipulations of this
law is possible when a direct need
is obvious.
Rosenblatt Going
To Address Labor
(Continued from page 1)
Federation of Labor annual conven-
tion.
Although Rosenblatt received the
invitation to make the address some
days ago, he was not sure until today
that he could make the trip. His
acceptance is believed in line with
the administration's efforts to head
off the attack on the NRA which is
threatened by labor leaders. This also
is believed to -have been the cause of
the President's evident effort to please
labor in his radio address last night
by supporting a strike truce, which
it is held will benefit labor more than
employers, and the suggestion that
labor should be guaranteed an annual
income, rather than hourly or weekly
wages.
Capital Hearing on
Agents Irks Coast
Washington, Oct. 1. — West coast
interests are represented as displeased
over the decision to hold the Agency
Committee hearing in Washington in-
stead of California. It is explained
by NRA officials, however, that none
of the west coast bodies have any
funds for the printing of the transcript
of the hearings and that the rule
of the organization is to hold all hear-
ings in Washington except where they
affect purely local situations.
GREAT TRIUMPH
FOR THIS GREAT FOX PICTURE
The applause that re-
sounds through the
Music Hall will re-echo
around the nation!
SOON all America will be singing its praises and
pushing to see the production that is now thrilling
New York in its Radio City showing. And everyone
will be the happier for seeing its impetuous romance
. . . hearing its tantalizing tunes . . . marveling at its
colorful multitudes and amazing spectacles.
CHARLES BOYER
LORETTA YOUNG
JEAN PARKER
PHILLIPS HOLMES
LOUISE FAZENDA
EUGENE PALLETTE
C. AUBREY SMITH
CHARLEY GRAPEWIN
NOAH BEERY
Executive Producer, Robert T. Kane.
Directed by Erik Charell. Screen Play and
Dialogue, Samson Raphaelson. Continuity
by Robert Liebmann. From a story by Melchior
Lengyel. Music by Werner Richard Heymann.
Lyrics by Gus Kahn.
01
MOTION PICTURE
DAILY
Tuesday, October 2, 1934
Coast Production
Takes Sharp Rise
(Continued from page 1)
Fox, three; Roach and Century, one
each, with the scattered independents
reporting a total of five.
In the short subject division M-G-M
and Universal each reported one be-
fore the cameras, while the indepen-
dents had a total of four.
Continued activity for the next
two weeks is assured by the fact that
22 features and 14 shorts are in the
final stages of preparation, while 51
features and 23 shorts are in cutting
rooms. Fox reports three features
preparing and five editing; Para-
mount, three and two; M-G-M, zero,
and nine ; Goldwyn, zero and two ; Uni-
versal, two and three ; Columbia, three
and six; Warners, three and 11;
Radio, two and six ; while the inde-
pendents have six and seven.
In the short subject division M-G-M
reports two preparing and four edit-
ing ; Roach has one and two ; Univer-
sal, one and one ; Columbia, one and
three ; Warners, zero and one ; Radio,
one and seven, while the indepen-
dents report eight and five.
Theatre Valuations
Cut by $1,305,000
(Continued from paqe 1)
to $50,000, the largest being $200,000
on Loew's State.
Another $200,000 cut was on the
Roxy, the assessment on which was
cut to $3,650,000.
The cuts in detail follow :
Theatres 1934 1935
Astor $1,725,000 $1,675,000
Capitol 2,600,000 2,500,000
Gaiety 2,250,000 2,175,000
Globe 1,125,000 1,075,000
Loew's State .. 4,100,000 3,900,000
Mayfair 1,800,000 1,750,000
Palace 1,350,000 1,250,000
Rialto 2,900,000 2,825,000
Rivoli 1,600,000 1,550,000
Roxy 3,850,000 3,650,000
Strand 3,250,000 3,200,000
Times-Apollo .. 1,700,000 1,625,000
Ziegfeld 1,150,000 1,090,000
GFTA Opens 2-Day
Session at Atlanta
(Continued from page 1)
Administrator Sol A. Rosenblatt on
the legality of retaining Nat Will-
iams and Oscar Lam as unaffiliated
members of the local grievance and
clearance boards. It is charged that
the two are affiliated with Lucas &
Jenkins, who are affiliates of Publix.
Ike Katz, N. H. Waters, Sam Borisky
and an attorney composed the com-
mittee.
Roach Arrives on Coast
Hollywood, Oct. 1. — Hal Roach re-
turned from the east today with the
statement he is optimistic over the
outlook for theatre attendance
throughout the nation for the next six
months. He said he planned staging
a musical revue in New York this
winter, using stage and screen names.
Re-elect Nathan Levinson
Hollywood, Oct. 1. — Major Na-
than Levinson was re-elected chair-
man of the technicians' branch of
the Academy today. Wesley C. Mill-
er was elected chairman of the sound
section; George Barnes, of the pho-
Grosses Running Closely
Along Last Year's Levels
Seattle 6
Washington 7
(Continued from pane 6)
26,800
84,500
6
6
129
28,700
68,800
$1,372,271
131 $1,393,008
Comparative grosses compiled from day-to-day reports for 52 weeks
show this :
Week Ending
September 29-30, 1933
October 6-7
October 13-14
October 20-21
October 27-28
November 3-4
November 10-11
November 17-18
November 24-25
December 1-2
December 8-9
December 15-16
December 22-23
December 29-30
January 5-6, 1934
January 12-13
January 19-20
January 26-27
February 2-3
February 9-10
February 16-17
February 23-24
March 2-3
March 9-10
March 16-17
March 23-24
March 30-31
April 6-7
April 13-14
April 20-21
April 27-28
May 3-4
May 10-11
May 17-18
May 24-25
May 31 — June 1
June 7-8
June 14-15
June 21-22
June 28-29
July 5-6
July 12-13
July 19-20
July 26-27
August 2-3
August 9-10
August 16-17
August 23-24
August 30-31
September 6-7
September 13-14
September 20-21
(Copyright . 1934. Quigley Publications)
Theatres
Gfosses
1 xk
100
11 XA? 71 fl
4>l,04i,/ l\J
i 41
i4i
1 41 7 P.8A
1,41/, 550
1 AX
140
1 s44 SXS.
1,044,505
1 41
141
1 ?81 XC\Sl
1,051, OUo
'\AX
1 CfK> AT?
i,ouy,4zz
14?
14Z
1 COA 74fl
1,0UU,/4U
1 41
141
1 17Q CAfl
144
144
1 X7K 1 X?
1,0/ o, LOS
141
141
14^1 ?no
l,4ol,ZW
141
141
1 41 8 7KX
l,41o,/00
1 4?
14Z
I,005,oOZ
1 XQ
ioy
1 991 (\X?
1 XX
100
1 A71 457
1,U/ 1,40/
1 XSi
105
1 43'? 99.0
1 ,400,Z5y
1 Xf,
100
1714 894
1,1 I4.5Z4
1 XQ
105
1 AXZ £40
1 ,400, 04V
1 Xf,
10O
1 XCiZ. 9£7
1 XZ
100
1 XAQ CI 7
1,045,31/
1 xz
100
1 XXQ "271
1.000,0/ 1
i ic
loo
1 97A XA Z
1,Z/U,043
1 X£.
loo
1 11 7 01 1
l,ol/,Ul 1
1 Xf,
loo
1 11£ 491
1,010.4Z1
1 XK
lOO
1 XZC\ C4Q
l,00l>,045
1 XA
104
1 170 QAC
1 ,0/5,000
1 XX
100
1 Xf\? f\?f\
1 9Q
1Z5
1 901
i ,tv i,oyo
1 XA
104
1 9/17 199
1,^4/ ,OSS
1 XZ
lOO
1 C71 AOZ
i,o/i,oyo
1 X?
l,OOU,lX)l
1XZ
100
1 XA? 1 CI
1.04Z.10I
1 XX
100
1 1A7 7AA
l,0U/,/04
134
133
1,250.702
133
1,260,655
133
1,209,381
132
1,209,113
128
1,123,764
125
1.111,452
127
1,173,017
124
1,076,284
121
1,084.997
116
1,041,876
110
919,932
113
998.285
112
1.010.499
113
1.102,887
112
1.044.965
114
1.241,121
116
1.261.278
129
1,471.742
129
1,372,271
131
1,393,008
tographic section, and James Wilkin-
son, of the film editors' section, while
S. J. Twining was re-elected chairman
of the papers and programs commit-
tee.
Flash Reviews
The Curtain Falls-
entertainment for
houses. . . .
. . acceptable
neighborhood
A Successful Failure — An entertain-
ing melodrama designed for family
appeal. . . .
The Man from Hell — . . . may
prove mildly entertaining to the
youngsters. . . .
These films will be reviewed in full in a
later issue of Motion Picture Daily.
Col. Sales 25% Above
1933, Says Montague
Kansas City, Oct. 1. — Columbia
sales this year are running 25 per
cent ahead of last year, Abe Mon-
tague, the company's sales head, said
here tonight on his way back to New
York. Today he was guest of Max
Roth, Columbia district manager, at
a Variety Club luncheon. Late this
evening Montague left for Chicago
to make preparations for the openine
of "One Night of Love" at the B.
& K. Chicago there on Oct. 19.
In addition to Roth, Montague con-
ferred today with Harry Taylor, Col-
umbia branch manager.
Montague said opposition to duals
on the coast was petering out. He
asserted that the Legion of Decency
influence seemed to be strong in the
Para. Claims Up
To $154,047,735
(Continued from paae 1)
and deemed filed under Section 77-B
of the bankruptcy act and the new
claims filed in the latter proceeding,
exclusive of duplications, up to Sept.
15, 1934, according to a recent calcu-
lation made by counsel for the Para-
mount trustees, is $154,047,735.82. This
figure includes a large number of
claims which have been filed in amount
believed to be considerably higher
than those at which such claims will
be finally liquidated."
M-G-M Drops Plans
On 'Wandering Jew'
(Continued from page 1)
distribution rights, will send the pic-
ture back to Twickenham Studios in
England without showing it in a the-
atre here.
Phil Meyer of General Pictures Ex-
change held the territorial contract for
Xew York, which likewise was sold to
M-G-M. No other territory was sold.
In releasing M-G-M from the con-
tract, William Shapiro, president of
Franklin, and Meyer do not receive
any money in the settlement other
than the expense incurred through ad-
vance fees, duty, legal fees and other
disbursements involved in the nego-
tiation. Mayer, however, loses a mini-
mum of $12,500 against anticipated
earnings, in settling rather than have
the picture go out after Rabbi Ste-
phen Wise and a rabbinical committee
recommended not showing it in the
United States.
Industry Heads at
Luncheon for Nizer
Industry leaders yesterday paid
tribute to Louis Nizer at a luncheon
in his honor at the M. P. Club.
Among those who spoke were Will
H. Hays, Dr. A. H. Giannini, Harry
M. Warner, Al Lichtman, Felix F.
Feist, Hal Home, Phil Baker and
the guest of honor.
Jack Alicoate, publisher of Film
Daily, was toastmaster. In addition
to speakers, sitting on the dais were.
Jules E. Brulatour. David Bernstein.
Albert Warner and Jack Cohn. About
200 attended.
Deny Saenger Listings
Washington, Oct. 1. — In one of
the first moves on taking over super-
vision of stock exchanges throughout
the country, the Securities Exchange
Commis'sion has refused registration
and listing priviliges to Saenger The-
atres, Inc., certificates for deposit for
first mortgage and collateral trust
sinking fund 6 per cent gold bonds.
Applications for listing of the Saen-
ger bonds is understood to have been
in line with reorganization plans re-
cently completed.
New Orleans, Oct. 1. — Saenger
officials here will not comment on
the Washington story whereby the
exchange commission has refused to
allow listing of 6 per cent bonds.
Middle West but hardly so on the
coast.
Montague expects to be in New
York Wednesday after an absence
from the home office of four weeks.
The Leading
Picture
Industry
MOTION PICTURE
DAILY
Alert,
Intelligent
Faith fut| 1
Service to*
the Industry
in All
Branches
VOL. 36. NO- 79
NEW YORK, WEDNESDAY, OCTOBER 3, 1934
TEN CENTS
Pliila. Agog
Over Warner
Theatre Yarn
H. M. Warner Denies Buy
For Own Operation
Philadelphia, Oct. 2. — Film and
real estate circles were agog this
morning following publication of a
story to the effect that Harry M.
Warner had bought the Pennsylvania-
Publix Theatres here. There are four
of them, the Tower and Nixon in
West Philadelphia and the Frankford
and Roosevelt in Frankford.
According to the story, the purchase
price was $1,645,000 to be paid mainly
to the estates of William Friehofer
and Fred G. Nixon-Nirdlinger.
The original story said that Warner
had bought the houses for personal
(Continued on page 12)
No British Quota
Jump Planned Now
London, Oct. 2. — No increase in the
amount of British film footage which
exhibitors are required to show under
the quota law is called for during the
coming year under the exhibitors'
quota schedule.
The annual schedules expire each
(Continued on page 12)
Universal Booming,
Grainger Goes West
With Universal's sales to date 100
per cent ahead of any identical per-
iod in any other year in its history
and the first six 1934-35 releases in
the exchanges, James R. Grainger,
general sales manager, left for the
coast yesterday on a "clean up" sales
trip. He will stop at Chicago, then
head straight for San Francisco, take
in other important coast cities and
spend two weeks at the studio. The
return east, about five weeks hence
will be made via Dallas and New
Orleans.
Indies Here
For Fight on
L. A. Zoning
Claim Indirect Ban on
Duals Is Included
LONDON REPORTS
BIP BUYING G-B
Alleged efforts of the Los Angeles
board to put into the schedule an in-
direct ban on duals will be fought
today by independent producers and
distributors when the plan comes be-
fore an appeal body at Campi head-
quarters.
I. E. Chadwick, representing in-
dependent producers, stated yesterday
that the board had camouflaged the
dual ban, but it is still in the sched-
ule after Campi had ordered all ref-
erence to twin bills withdrawn. He
also declared that the board is trying
to eliminate previews and regulate
the showing of independent product.
The independent leader denounced
the clause in the schedule which
(Continued on page 12)
Seals Are Awarded
To 19 More Films
Hollywood, Oct. 2. — A total of
eight features and 11 shorts received
certificates of approval from the Pro-
duction Code Administration during a
period of 10 days ending Sept. 26,
making a grand total of 149 features
and 141 shorts cleared since the new
administration went into effect July 15.
Certificates for features handed out
to the various companies during the
past 10 days were : Fox and Radio.
(Continued on page 12)
ASCAP Ready
To Consider
Compromises
An exhibitor delegation is sched-
uled to meet today with E. C. Mills,
general manager of the American So-
ciety of Composers, Authors & Pub-
lishers, presumably to discuss a com-
promise on the new schedule of music
taxes placed in effect on Monday by
the society.
Mills stated yesterday that any rea-
sonable compromise reaching the so-
ciety would be given consideration and
recalled that he had suggested such a
move to exhibitors when the new rate
schedule was first announced about
two months ago.
Distributors Given
Warning on Scales
Letters have been sent out to all
film exchanges warning them that
Code Authority has unanimously voted
to ban the practice of permitting ex-
hibitors to charge scales below those
specified in contracts.
A letter signed by John C. Flinn
executive secretary, points out that
Campi has received complaints that
distributors have consented to lower
scales after cases have been decided
by local boards. This is ruled an un-
fair trade practice and distributors
(Continued on page 12)
Reorganization of FWC
To Proceed in 2 Weeks
Harry Cohn Coming
To New York Oct. 9
Hollywood, Oct. 2. — Harry Cohn
will leave here in time to attend a
meeting of Columbia stockholders in
New York on Oct. 9.
At that time seven directors will be
elected and contracts of Harry and
Jack Cohn will be ratified. These
have three years to run as of July
1, 1934.
Reorganization of Fox West Coast
will proceed within the next two
weeks as a result of the refusal yes-
terday of the U. S. Circuit Court of
Appeals here to permit the reopening
of the agreement by which large
Paramount Publix claims against
F. W. C. were settled.
The F. W. C. reorganization has
been held in abeyance pending the
Federal court's action on a petition to
reopen the Paramount claims' settle-
ment, which was brought last August
by Samuel Zirn, attorney for a small
group of Paramount bondholders.
The plan of settlement had been ap-
proved earlier by the U. S. District
Court here.
Plans are now being made for a
sale of Fox West Coast assets at fore-
closure. A new company, controlled
by Chase National Bank and Fox
Film, the principal creditors of F.
W. C., will bid in the assets at the
foreclosure sale. The reorganization
plan itself, which goes into effect
shortly thereafter, will not disturb the
(Continued on page 12)
Woolf, Maxwell Admit
Conversations Are
In Progress
By BRUCE ALLAN
London, Oct. 2. — The London press
today delved into the reports known
to a few here on the Gaumont British-
British International situation and
published stories declaring the re-
ported move was for BIP to purchase
control of G-B.
John Maxwell of BIP and C. M.
Woolf, one of the joint managing
directors of G-B, for the first time
admit conversations have been taking
place, thereby lending additional
strength to the initial story of the
negotiations which first appeared in
Motion Picture Daily on Sept. 26.
This correspondent learned today
that probably the chief remaining dif-
ficulty is not terms, which are said to
(Continued on page 6)
GFTA Decides Upon
Allied Affiliation
Atlanta, Oct. 2.— The G. F. T. A.
Theatres Ass'n voted unanimously to-
day at the second session of its con-
vention to affiliate with Allied.
Sidney Samuelson, Allied head, and
Col. H. A. Cole of Texas attended the
sessions.
An expansion campaign was author-
ized and it was decided to start an
aggressive move to protect members
from adverse legislation.
Mayer Heading Film
Group on the Paris
Louis B. Mayer, production head of
M-G-Mj and Mrs. Mayer will head
a group of film notables arriving today
on the Paris. Others among the pas-
sengers are Constance Bennett and
her husband, Marquis Henri de la
Falaise de Coudraye; Benita Hume,
English star, coming for the opening
(Continued on page 7)
First Division Gets
Two Western Series
First Division has signed for four
Hoot Gibson and six Rex Bell west-
erns to be distributed internationally
next season. Gibson will produce his
own pictures while Al Mannon will
make the Bell westerns.
In addition, the company will han-
dle 24 "Musical Moods" shorts made
(Continued on page 12)
MOTION PICTURE
DAILY
Wednesday, October 3, 1934
MOTION PICTURE
DAILY
(Registered U. S. Patent Office)
Vol. 36
October 3, 1934
No. 79
Martin Quigley
Editor-in-Chief and Publisher
MAURICE KANN
Editor
JAMES A. CRON
Advertising Manager
Published daily except Sunday and holi-
days by Motion Picture Daily, Inc., sub-
sidiary of Quigley Publications, Inc.,
Martin Quigley, President; Colvin Brown,
Vice-President and Treasurer.
Publication Office: 1790 Broadway, New
York. Telephone Circle 7-3100. Cable ad-
dress "Quigpubco, New York." All con-
tents copyrighted 1934 by Motion Picture
Daily, Inc. Address all correspondence to
the New York Office. Other Quigley pub-
lications: MOTION PICTURE HERALD,
BETTER THEATRES, THE MOTION
PICTURE ALMANAC and THE CHI-
CAGOAN.
Hollywood Bureau: Postal Union Life
Building, Vine and Yucca Streets, Victor
M. Shapiro, Manager; Chicago Bureau: 407
South Dearborn Street, Edwin S. Clif-
ford, Manager; London Bureau: Remo
House, 310 Regent St., London, W. 1,
Bruce Allan, Representative. Cable address:
"Quigpubco, London"; Berlin Bureau:
Berlin-Tempelhof , Kaiserin-Augustastrasse
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Paris Bureau: 19, Rue de la Cour-des-
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Bureau: Viale Gorizia, Vittorio Malpassuti,
Representative; Sydney Bureau: 102 Sus-
sex Street, Cliff Holt, Representative; Mex-
ico City Bureau: Apartado 269, James
Lockhart, Representative; Glasgow Bureau:
86 Dundrennan Road, G. Holmes, Repre-
sentative; Budapest Bureau: 3, Kaplar-u,
Budapest, II, Endre Hevesi, Representa-
tive; Moscow Bureau: Civtzev Vrazhek, N.
25, Apart. 146, Moscow, U. S. S. R., Bella
Kashin, Representative. Cable address:
Samrod, Moscow.
Entered as second class matter, January
4, 1926, at the Post Office at New York
City, N. Y., under Act of March 3, 1879.
Subscription rates per year; $6 in the
Americas, except Canada $15 and foreign
$12. Single copies: 10 cents.
Sign Painters Win
10% Wage Increases
Theatre sign contractors yesterday
granted the 10 per cent wage increase
asked by Local 230, N. Y. Sign
Writers' Union, although the con-
tractors themselves have not yet
reached an agrement with circuits on
rate increases which would absorb the
increase in wages.
The agreement between the con-
tractors and sign writers resulted in
the latter returning to work in a num-
ber of shops where walkouts had al-
ready occurred. Circuit representa-
tives said yesterday that a final meet-
ing with contractors would be held
today.
Pickford on Air Today
Hollywood, Oct. 2. — Mary Pick-
ford will make her initial broadcast
for Standard Brands at 5 o'clock
Pacific Standard Time tomorrow.
She will head what is claimed to be
the first dramatic stock company. The
first will be an adaptation of "The
Church Mouse," with Gale Gordon,
Jeannette Nolan, Theodore Osborn,
Crauford Kent and James Eagles in
the cast.
V. E. Harrison to Sail
V. E. Harrison, managing director
of the V. E. H. Cinemas, Ltd., is
here with his wife from England.
They plan to sail for home on Sat-
urday.
Columbia Up7/8on Big Board
High Low Close
Columbia Pictures, vtc 35A 3454
Consolidated Film Industries 3 3 3
Consolidated Film Industries, pfd 1354 1354 1354
Eastman Kodak 99^ 99Vz 99J4
Eastman Kodak, pfd 141 141 141
Fox Film "A" 1154 11J4 11^
Loew's Inc 2SJ4 27}4 28
Paramount Publix 4J4 V/t 454
Pathe Exchange 154 1}4 \\i
Pathe Exchange "A" 13 12% 12%
RKO 2H 2V» 254
Warner Bros 5 4?4 4%
Trans Lux Off Vs on Curb
Net
Change
+ %
-1
+ 54
+ %
+"Vt
Technicolor
Trans Lux V/%
Net
High Low Close Change
12Vi 12 12J/£
1-8
Warner Bonds Gain iy2 Points
.'High Low Close
General Theatre Equipment 6s '40 654 654 654
Keith B. F. 6s '46 62'A 62'A 62'A
Loew's 6s '41, ww deb rights 10V/2 10154 10154
Paramount F. L. 6s '47 6054 5954 6054
Paramount Publix 554s '50 6054 60 6054
Pathe 7s '37, ww 98 98 98
RKO 6s '41, pp 3154 3154 3154
Warner Bros. 6s '39, wd 6054 59 6054
Net
Change
+ A
+ A
+1
+1
+ A
+1/2
Sales
300
300
200
300
4,000
1,000
1,400
4,100
700
600
200
2,900
Sales
300
100
Sales
1
1
3
12
14
1
1
Reception for Munro
C. E. Munro, managing director of
Fox theatre interests in Australia,
who is in New York for conferences,
was guest at a reception in the N. Y.
Athletic Club last night. Among those
present were :
S. R. Kent, Winfield Sheehan,
W. C. Michel, Sydney Towell, W.
Eadie, Truman Talley, Laurence
Stallings, Felix Jenkins, E. P. Kilroe,
Hunter Lovelace, John D. Clark,
William Clark, C. P. Sheehan, Roger
Ferri, Charles E. McCarthy, Arch
Reeve, Earl Wingart, James Clark,
Clarence Hill, W. J. Kupper, E. C.
Collins, Jack Sichelman, Nat Finkler,
Harry Lawrenson, Frank Harris,
Louis Hyman, Sam Fox, Leonard
Greene, Harvey Day, E. W. Ham-
mons, Al Boyd, Mark Ostrer, Jeffrey
Bernerd, Michael Balcon, Arthur Lee,
George Weeks, Lou Guimond, I. A.
Maas, M. L. Ahern, A. T. Stromberg
and Max Goosman.
Chadwick Talks to Hays
I. E. Chadwick yesterday conferred
with Will H. Hays, Gabriel Hess and
Vincent G. Hart on the production
code as it affects independents. As a
representative of independent produc-
ers, Chadwick yesterday stated that all
independent pictures produced since
Aug. 15, about 20, have been passed
by Joseph I. Breen. He says his mem-
bers are unanimously cooperating on
the production code.
Two Fox Players III
Hollywood, Oct. 2. — Illness of two
featured players is holding up pro-
duction at Fox. Richard Arlen's eye
infection has forced a suspension of
work on "Helldorado." On "East
River" shooting is being done around
Vic McLaglen, who is in a hospital
with laryngitis.
Spain in Film Drive
Madrid, Oct. 2. — In emulation of
the United States, Spain has started
a movement against objectionable
films and literature. El Debatte, the
country's leading Catholic organ, is
extremely active in the drive.
Final League Ball Game
The final game in the M. P. Base-
ball League will be played today be-
tween Erpi and NBC at the Dyckman
Oval.
Brown Luncheon Guest
George Brown, retiring advertising,
publicity and exploitation head of
Columbia, was tendered a luncheon
by his former associates at the M. P.
Club yesterday. He was given a walk-
ing cane as a gift.
Pilgrim to Open Soon
Trio-Consolidated opens the Pil-
grim, 1,000-seat house at Buhre and
Westchester Aves., Bronx, around
Nov. 1.
Bullitt Impressed
By Russian Picture
By BELLA KASHrN
Moscow, Oct. 2. — American Am-
bassador William C. Bullitt and Lord
Passfield (Sidney Webb, British
Laborite) were guests at a private
showing of Director Dzega Viertov's
documental film, "Three Songs of
Lenin," at the Mezhrapom Studio.
The film has no actors and is de-
scribed as Russia's highest point in
dramatic art in recent years.
Bullitt has this to say about it:
"Have rarely been more moved by any
work of art — the film is superb. It
gives an overwhelming impression of
the power of the human will to break
through all obstacles and to create
new forms of life."
"Three Songs of Lenin" is the first
film which expresses the part played
by the Bolshevik leader Lenin in the
history of Soviet Russia. The film
is made up of authentic newsreel ma-
terial taken from Soviet archives and
has most of the existing cinema docu-
ments about Lenin's life, including a
fragment of his voice that has been
recorded by dictaphone.
DuWorld Increases List
DuWorld has increased its schedule
of imported films from 20 to 40, ac-
cording to Irving Shapiro, general
manager. Heading the list is "The
Man Who Changed His Name," pro-
duced by Julius Hagan, Twickenham
Studios, London. Others set so far
are one from Ireland, three French
features, and one Polish.
"Cheer up, sir— there's
HAPPINESS AHEAD"
)
(n^ cUlcj
DOLORS Tja P)lO
Wtjexjfiu JLrft?i41a CaMCfsatcjM vtUcl\
^TflABAtK DU BMW
With Reginald Owen. Verree Teasdale. Victor Jory.
Osgood Perkins. Directed by William Dieterle.
BARR
BLINDFOLD TEST!
Pick any city at random
and you '11 get a RAVE!
(and a NEW Boxoffice recordf)
AND
JUST
WHEN
YOU
THOUGHT
YOUR
BOX-
OFFICE
RECORDS
WERE
CHAINED
FOREVER-
WHOOPEE!
ALONG
COMES
ANOTHER
HAPPY
M-G-M
HIT!
HOORAY!
^ NEW YORK DAILY NEWS * * * * (Four Stars) -"Magnificently
and sensitively portrayed by Norma Shearer, Fredric March, Charles
Laughton. Stars of 'Barretts of Wimpole Street' in triple triumph!"
^ HARRISBURG TELEGRAPH— "Already on our Ten Best of 1934'
list. In all probability it will be voted THE BEST picture of the year..."
* RICHMOND N E W S - L EA D ER_ 1 'Undoubtedly one of the outstanding
screen productions of the year, both for sheer beauty and from the
standpoint of individual performances ..."
^ HOUSTON PRESS_ "Picture is certain to enter all lists of the 'best
10' for 1934 . . . one of the finest efforts yet made at a civilized use of
the screen... is artistically thrilling and highly entertaining... a motion
picture no lover of the movies can afford to miss ..."
* LOUISVILLE HERALD-POST_«A vivid, vital and perfect production..."
■ * PROVIDENCE NEWS-TRIBUNE—" <Tne Barretts' a brilliant production
• — brilliantly conceived, written, acted and directed ..."
^ ATLANTA JOURNAL — "An extraordinary success . . . direction con-
spicuously fine... Miss Shearer's performance most appealing one..."
\
^ BOSTON POST "A superb, inspired production ... for memorable
moments in a motion picture theatre we recommend 'The Barretts'
. . . Miss Shearer's finest picture . . ."
+ INDIANAPOLIS STAR_«A film for everybody. A credit to the screen."
\fc WASHINGTON POST -"Takes rank virtually in a classification of
its own . . ."
KANSAS CITY STAR — "Millions of people will see the movie and en-
joy it . . . Literature's loveliest romance ..."
\fc DALLAS MORNING NEWS_«An outstanding, even epochal, cinema
achievement . . . Emphatically one of the best pictures of the talking
period . .
^ MINNEAPOLIS JOURNAL ( AA AAA-Extraordinary Rating)-"Ttim
version of 'Barretts' a great, flawless entertainment . . . Miss Shearer
must be considered for the 1934 award of the Academy of M. P. Arts
and Sciences ..."
(And it's the same
sweet story all
over the map!)
\J/orma SHEARER
fredric MARCH
r, (SUaAUGHTON
Ask your
M-G-M Branch
about this
new accessory.
A miniature
l*"^ billboard stand.
MOTION PICTURE
DAILY
Wednesday, October 3, 1934
i Purely
Personal ►
Russell Gleason, Roscoe Ates,
Joan Lowell and Margot Gra-
ham lunched yesterday at the Wynd-
ham. Miss Lowell left on the Cen-
tury for Chicago to make personal
appearance at the Playhouse with
"Adventure Girl."
Zion Myers, associate producer on
Pandro Berman's staff at Radio stu-
dios, and William Seiter, director,
arrived yesterday from Boston where
they saw the stage production of
"Roberta."
Mrs. Clarence Dane, writer who
was signed by David Selznick when
the latter was in England recently,
arrives today on the Paris bound for
the coast.
Johnny Burke and Harold Spina,
composers, who did "Annie Doesn't
Live Here Any More," are writing
a series of shorts in which they will
appear.
F. Lyle Goldman, director of the
theatrical division of Audio Prod.,
has gone to Hollywood to supervise a
color short for an insurance company.
Milton Douglas, baritone, who re-
cently worked in "Gigolette," will ap-
pear in "Sunday Night Caravan,"
stage presentation now in work.
Charles Stern of United Artists
leaves tomorrow for a swing of the
Philadelphia, Pittsburgh, Washington
and Buffalo exchanges.
Ida Lupino, accompanied by her
mother, sails for her native England
this afternoon. She is on vacation
from Paramount.
Wynne Gibson, who has just fin-
ished work opposite George M.
Cohan in "Gambling," left yesterday
for the coast.
Edward Golden, Monogram gen-
eral sales manager, has returned from
a trip to Albany, Pittsburgh and
Cleveland.
Merritt Hulburd, head of the
Paramount editorial department on
the coast, gets into town today from
Hollywood.
Waldo Mayo, conductor of the
Capitol radio orchestra, celebrates
his first anniversary as conductor next
Sunday.
Sam Benjamin, Amity exchange
manager, left for Oklahoma City yes-
terday after home office conferences.
Irving Berlin and Hassard Short,
producer of "The Great Waltz," sail
today on the Queen of Bermuda-.
C. S. Ashcraft of Imperial Elec-
tric Co., Los Angeles, is spending a
few days here on business.
Irving Kaufman, "Lazy Dan" to
radio listeners, will appear in person
at the Roxy next week.
William Gedris of Ideal Seating,
Grand Rapids, Mich., is in town for
a few days.
Kathryn Blake of Amity Pictures
returned yesterday from a Bermuda
vacation.
Louis Phillips goes to Atlantic
City today and returns tomorrow.
I. E. Chadwick plans to leave for
Hollywood Friday.
Edward Small arrives from Hol-
lywood tomorrow.
MOTION PICTURE DAILY 5
HOLLYWOOD PREVIEW
Menace"
{Paramount)
Hollywood, Oct. 2. — This is a murder mystery thriller of the first
water, opening in Nairobi, East Africa, and winding up in Santa Bar-
bara, giving the production plenty of latitude for action, suspense and
color. The picture is beautifully mounted, with clever, smooth direction
by Ralph Murphy, who has extracted the most of every situation in
the screen play by Anthony Veiller and Chandler Sprague from Philip
MacDonald's original.
The cast, headed by Gertrude Michael, Paul Cavanaugh, Henrietta
Crosman, John Lodge, Raymond Milland, Berton Churchill, Halliwell
Hobbes and others, contribute well their respective roles in this telling,
forceful story of a maniac on the loose with the determination to avenge
the suicide of his brother, supposedly caused by the three innocent
people he is out to get.
After forwarding a series of terrifying messages and chasing the
party from England to Santa Barbara, he catches up with it there by
posing as a guest at their home. It is this house party where all the hair-
raising episodes take place. Everyone is accused of the murder of one
of the trio, producing suspense until the final fadeout. The photography
by Benjamin Reynolds aids much in offsetting the gruesomeness of
this type of murder mystery story.
Production code seal No. 266. Running time, 60 minutes.
The Gay Divorcee
(Radio)
Hollywood, Oct. 2.— Showmanship in this production magnifies Fred
Astaire's marvelous dancing, elevates Ginger Rogers to the terpsichorean
altar, and introduces a rhythmic Continental song and dance number
heralded as successor to the Carioca, which it is not.
However, when trimmed to exhibition length the film should please
where lightness, gaiety and eye values are appreciated.
Unquestionably America's leading exponent of dance, with personal-
ity to boot, Astaire, handled properly, promises much for the screen, but
love stuff is not his forte.
The story is slight, but taut. Ginger Rogers, to secure a divorce,
hires Lawyer Edward Everett Horton, who bungles things between
Ginger and a professional co-respondent (Eric Rhodes), hired for the oc-
casion. Mixing his passwords, Rhodes brings Ginger and Fred together.
There is fine entertainment in four dance numbers, while the comedy
of Horton; Eric Blore, waiter; Rhodes, gigolo, and Alice Brady con-
tributes to the verve of the film. Mark Sandrich directed with appre-
ciation of dramatic, comedy and musical values adapted from the stage
play by Dwight Taylor. The film is well photographed by David Abel.
David Gould handled the dance ensemble and Max Steiner the musical
direction. For exploitation Astaire and the Continental musical number
should do the trick. Previewed without production code seal. Running
time, 105 minutes.
Looking 'Em Over
"The Fighting Hero"
(Reliable-State Rights)
The main fault to be found with this Tom Tyler vehicle is that it
plays fast and loose with the truth. Some of its incidents are so far-
fetched that they are certain to be greeted with snickers even from an
audience of western fans. That is exactly what happened at a neigh-
borhood showing of the film. Tyler's name is the only one in the cast
that means anything.
"The Fighting Hero" is one of those westerns in which the hero, a
representative of the forces of law and order, poses as a bad man in
order to track down a gang of outlaws. In this instance Tyler is an
operative for an express company out to solve the holdup of some gold
shipments. After being chased hither and yon by the sheriff and others
who really believe him to be a bandit, Tyler reveals his true identity
and receives as his biggest reward the love of a Spanish senorita.
The picture creates plenty of noise, is packed with action and is best
suited for juveniles. Harry S. Webb directed.
No production code seal. Running time, 56 minutes.
(.Additional reviews on page 7)
BIP Reported
In London As
Acquiring G-B
(Continued from page 1)
be arranged, but the cost of buying up
directors' and personal service con-
tracts.
It is understood that the basis of
the deal whereby BIP seeks to as-
sume control of G-B is the purchase
of the Ostrer interests in the latter
company, as well as the Fox shares
for £3,500,000. This would embrace
75 per cent of the ordinary shares.
Interested in arranging the financ-
ing is Maurice Myers, a stock broker
originally associated with the Ostrers.
He sails for New York Oct. 10, prob-
ably to consult with Chase National
and Fox Film officials.
The Ostrers would withdraw from
G-B and the amalgamated companies
if the purchase is consummated.
Efforts to reach Mark Ostrer at the
American offices of G-B yesterday
were unsuccessful. Jeffrey Bernerd,
another G-B executive here launching
his company's own sales force in the
States, declared he knew nothing about
the situation.
At the office of S. R. Kent, denial
was made for the Fox president of
the angle tying in sale of the Fox
shares in G-B.
Gaumont British to
Be Honored by Ampa
The Ampa will honor Gaumont
British at tomorrow's luncheon, which
will have Martin Quigley as guest
chairman. The British film organiza-
tion will be represented by Mark
Ostrer, Jeffrey Bernerd, Michael Bal-
con, Arthur Lee; Nova Pilbeam and
Jack Hulbert, G-B stars, and Bert-
hold Viertel and Robert Flaherty,
who directed, respectively, "Little
Friend" and "Men of Aran" for the
company. Tiger King and Michael
Dillane, who appear in the latter film,
will also be present.
Jeanette MacDonald, Donald Saw-
yer, Harry Hershfield, Eddie Pea-
body, Tony Marconi, Bert Biferno
and the team of Bernard & Henri will
also be on the program.
Vergesslich Takes
Local G-B Exchange
Joe Vergesslich, who recently re-
signed as local branch manager for
Majestic, yesterday joined Gaumont
British as head of the New York ex-
change. He will have three salesmen
when he moves into the Fox exchange
today.
Reginald Weeks, who was' attached
to the local office, has been switched
to Washington. George Weeks, after
appointing Vergesslich yesterday, left
for the capital to line up a sales staff.
He will visit several other spots and
return in a week.
Two Musicals at M-G-M
Hollywood, Oct. 2. — Establishing a
precedent at M-G-M, David O. Selz-
nick will place two musicals in pro-
duction simultaneously within the
next six weeks.
Wednesday, October 3, 1934
MOTION PICTURE
DAILY
Mayer Heading Film
Group on the Paris
(Continued from page 1)
of "Power" at the Music Hall; Phil
Reisman, foreign manager of RKO ;
Leon Garganoff, producer ; Howard
Strickland, M-G-M studio publicity
head ; and Edward V. Darling, theatre
producer.
Garganoff is head of Lianofilm,
Paris. He recently formed an Ameri-
can corporation known as Lianofilm
Leon Garganoff, Ltd., to handle Eng-
glish versions of his product here.
STATEMENT OF THE OWNERSHIP,
MANAGEMENT, CIRCULATION,
ETC.. REQUIRED BY THE ACT
OK CONGRESS OF MARCH
3, 1933
Of Motion Picture Daily, published daily
except Sunday at New York, N. Y., for
October 1, 1934.
State of New York 1 ss
County of New York J
Before me, a Notary Public in and for the
State and county aforesaid, personally ap-
peared Theodore J. Sullivan, who, having
been duly sworn according to law, deposes
and says that he is the Business Manager
of the Motion Picture Daily and that
the following is, to the best of his knowl-
edge and belief, a true statement of the
ownership, management (and if a daily
paper, the circulation), etc., of the afore-
said publication for the date shown in the
above caption, required by the Act of
March 3, 1933, embodied in section 537,
Postal I-aws and Regulations, printed on
the reverse of this form, to wit:
1. That the names and addresses of the
publisher, editor, managing editor, and
business managers are:
Publisher and Editor-in-Chief — Martin
Quigley, 1/90 Broadway, New York, N. Y.
Editor — Maurice Kann, 1790 Broadway.
New York, N. Y.
Managing Editor — None.
Business Manager -Theodore J. Sullivan,
1790 Broadway, New York, N. Y.
2. That the owner is: (If owned by a
corporation, its name and address must be
stated and also immediately thereunder the
names and addresses of stockholders owning
or holding one per cent or more of total
amount of stock. If not owned by a cor-
poration, the names and addresses of the
individual owners must be given. If owned
by a firm, company, or other unincorporated
concern, its name and address, as well as
those of each individual member, must be
given.)
Motion Picture Daily, Inc., 1790 Broad-
way, New York, N. Y.
Quigley Publishing Company, Inc., 1790
Broadway, New York. N. Y.
Quigley Publications, Inc., 19-21 Dover
Green, Dover, Delaware.
Martin Quigley, 1790 Broadway, New
York, N. Y.
Colvin Brown, 1790 Broadway, New York,
N. Y.
3. That the known bondholders, mort
gagees, and other security holders owning
or holding 1 per cent or more of total
amount of bonds, mortgages, or other secur
ities are: (If there are none, so state.)
None.
4. That the two paragraphs next above,
giving the names of the owners, stock-
holders, and security holders, if any, contain
not only the list of stockholders and secur
ity holders as they appear upon the books
of the company, but also, in cases where
the stockholder or security holder appears
upon the books of the company as trustee
or in any other fiduciary relation, the name
of the person or corporation for whom such
trustee is acting, is given; also that the
said two paragraphs contain statements em
bracing affiant's full knowledge and belief
as to the circumstances and conditions un
der which stockholders and security holders
who do not appear upon the books of the
company as trustees, hold stock and secur
ities in a capacity other than that of a
bona fide owner; and this affiant has no
reason to believe that any other person
association, or corporation has any interest
direct or indirect in the said stock, bonds,
or other securities than as so stated by him
5. That the average number of copies of
each issue of this publication sold or dis-
tributed, through the mails or otherwise
to paid subscribers during the twelve
months preceding the dale shown above is
5,284. (This information is required from
daily publications only.)
Theodore J. Sullivan,
Business Manager
Sworn to and subscribed before me this
21st day of September, 1934.
(seal)
Anna Milbert.
(My commission expires March 30, 1936.)
Looking 'Em Over
"The Curtain Falls"
( Chesterfield)
Thanks to the presence in the cast of that grand trouper, Henrietta
Crosman, "The Curtain Falls" is acceptable entertainment for neighbor-
hood houses. Her performance endows the film with life and gives it a
warm, human quality.
Miss Crosman acts the role of an old stage star at the end of her act-
ing days. Rather than throw herself upon charity, she decides to put up
a bluff and palm herself off as her wealthy British friend, Lady Scoresby.
She is welcomed into the home of the latter 's rich nephew (Holmes
Herbert) somewhere on Long Island and immediately proceeds to make
herself an asset. That the duplicity succeeds is explained by the fact
that the family has rarely seen the real Lady Scoresby and just as
rarely heard from her.
Miss Crosman uses her position as an instrument for straightening
out a number of difficulties that threaten to undermine the family. She
prevents Herbert's wife (Natalie Moorehead) from eloping with a
charming Lothario (Jameson Thomas), saves Herbert himself from
financial ruin, promotes a romance between his daughter (Dorothy
Lee) and a chap without social position (William Bakewell), and en-
ables his black-sheep son (John Darrow) to see the error of his ways.
In the end she reveals the truth about herself and dies with the grati-
tude of the entire family.
Charles Lamont directed. Production code seal No. 280. Running
time, 67 minutes.
'The Man from HelV
{Willis Kent-State Rights)
This Willis Kent production is weak. It may prove mildly entertain-
ing to the youngsters. That is all that can be said for it.
That it has an extremely stereotyped story to tell is the least of its
faults, as originality is hardly to be expected in a western film. The
trouble lies in that its development reveals no spark of imagination,
while the acting is almost no help at all. Save for that of Fred Kohler,
the performances are lifeless and amateurish.
Fortunately the film has some nice exterior shots, for which thanks
should go to Cameraman William Nobles. Two rousing fist fights and
a gun battle provide its only excitement.
The plot has to do with Reb Russell's efforts to find the man who
committed the crime for which he was sent to jail. The man he wants
is Kohler, an escaped convict serving as the mayor of Russell's home
town. After a number of physical encounters with him Russell succeeds
in bringing the authorities on the convict's neck and clearing himself.
The animosity between the two is sharpened by their mutual interest in
Ann Darcy.
The most intelligent performer in the cast after Kohler is a milk
white horse called Rebel. Lew Collins directed. No production code
number. Running time, 58 minutes.
"Two Heads on a Pillow"
{Liberty)
Despite a lack of cast names, this is an enjoyable picture that should
easily please audiences in neighborhood and small town houses. Though
primarily a comedy that at times borders on the farcical, its theme —
divorce — is well handled. William Nigh's direction drained a fair story
of every drop of entertainment. Harry Neuman's photography is good.
The story has Neil Hamilton, a struggling young lawyer, separating
from his bride of two months, Miriam Jordan, because of her mother's
interference. After the divorce Hamilton achieves success and finds
himself defending a case similar to his own divorce, but with his former
wife now the opposing attorney. This brings the two together again,
but they remarry only after some time is taken up with dissertations
on what goes to make up a successful marriage.
The cast also includes Henry Armetta, who almost steals the picture
with his infectious comedy ; Lona Andre, Hardie Albright and Dorothy
Appleby, who shares comedy honors with Armetta by her portrayal
of an attractive but slightly moronic girl friend of Albright.
Production code seal No. 187. Running time, 65 minutes.
David Gould Arrives
David Gould, manager of M-G-M's
office in Puerto Rico, arrived yester-
day. He is here taking care of his
health.
Seidelman Returning
Joseph Seidelman, head of Colum-
bia's foreign activities, arrives tomor-
row on the Manhattan after a lengthy
stay in London.
Royster Named Head
Of South Ohio Unit
Hamilton, Oct. 2. — Harry L. Roy-
ster has been named general manager
of South Ohio Theatres, Inc., a new
subsidiary of Paramount's Famous
Theatres, organized to operate three
theatres here and two at Middletown.
The operations return Paramount
to a dominant position in both cities,
involving leases on the Paramount,
Rialto and Palace here and the Para-
mount and Strand at Middletown. All
except the Strand were leased by
Paramount prior to the company's
bankruptcy, but thereafter were re-
turned to their owner, the Taft Estate
of Cincinnati. Rentals on the houses
are understood to be $48,000 annual-
ly for each with provision for a par-
ticipation in profits by the owner.
Saenger Stock Ban
Held Not Important
Refusal of the Securities Exchange
Commission at Washington to author-
ize registration and listing of Saen-
ger Theatres and Saenger Realty cer-
tificates does not in any way affect
the pending reorganization plans of
the two companies, it was stated here
yesterday by counsel for the Para-
mount Publix trustees, who are fac-
tors in the reorganizations.
The Washington refusal was as-
cribed here to the application of the
New Orleans Stock Exchange which
was made under the wrong section of
the Securities Act, it was said.
Quittner's Appeal
Is Being Prepared
Preparations are being made for the
trial of the Joseph Quittner anti-trust
suit against Paramount Publix,
M.P.P.D.A. and member companies in
the U. S. Circuit Court of Appeals
here some time this fall.
Graham & Reynolds, attorneys for
Quittner, a former Middletown, N. Y.,
exhibitor, recently served their pro-
posed case on appeal and it is ex-
pected that the defendants soon will
ask for time to go over the record of
the case which was dismissed by Fed-
eral Judge Francis G. Caffey last fall
after trial in U. S. District Court here.
Supreme Court Bars
Columbia from Case
Washington, Oct. 2. — The U. S.
Supreme Court yesterday refused an
application of Columbia Pictures
Corp. for leave as amicus curiae to
file briefs in the pending appeal action
of Paramount Publix, Altoona Publix
Theatres, and Wilmer & Vincent
Corp. against the American Tri-
Ergon Corp.
The case is an application for per-
mission to file an appeal from a de-
cision won by American Tri-Ergon
in the Circuit Court of Appeals in
New York upholding the Tri-Ergon
flywheel patents on reproducers. Tri-
Ergon is controlled by William Fox.
Flash Review
Freedom of the Seas .... An en-
tertaining bit of humor and drama
combined in a nicely balanced
story. . . .
This Him will be reviewed in full in a
later issue of Motion Picture Daily.
1>
CAN TRULY FEEL THE JOY AND
THRILL AND HEARTACHE . . .
of this plucky youngster .... as he fights for his
father's love against his scheming aunt
and his sly, sniveling cousin!
Jackie Cooper
PECK'S BAD
BOY
THOMAS
JACKIE
0. P. H
DOROTHY
MEIGHAN
S E A R L
E 6 G I E
PETERSON
A Sol Lesser Production
Directed by Edward F. Cline
Screen play by Bernard Schubert and Marguerite Roberts
MOTION PICTURE
DAILY
Wednesday, October 3, 1934
"Barretts" Is
Capital's Hit
With $21,000
Washington, Oct. 2. — "The Bar-
retts of Wimpole Street" got off to a
flying start at Loew's Palace last
week, leaping over average $5,500 for
a total gross of $21,000.
This was exceptional in view of the
good business done elsewhere. "De-
sirable," at $20,200, was over the line
by $2,600. "Servants' Entrance" _ and
a stage show for the seventh anniver-
sary were strong at $22,000 in Loew's
Fox. "Chained," "Million Dollar
Ransom" and "The Case of the Howl-
ing Dog" also shared in the general
prosperity.
Total first run business was $88,200.
Average is $74,900.
Estimated takings, exclusive of tax :
Week Ending Sept. 26:
"MILLION DOLLAR RANSOM" (Univ.)
RIALTO— (1,864), 25c-75c, 7 days. Gross:
$3,700. (Average, $3,700)
Week Ending Sept. 27:
"DESIRABLE" (Warners)
EARLE — (2,218), 25c-77c, 7 days. Stage:
Dick Powell, Albertina Rasch Girls. Marty
Collins & Harry Peterson, Raye & Sun-
shine, Mary Williams & Jack Myers.
Gross: $20,200. (Average. $17,600)
"CHAINED" (M-G-M)
LOEW'S COLUMBIA— (1,264), 25c-40c. 7
days (return engagement). Gross: $4,000
(Average. $3,100)
"SERVANTS' ENTRANCE" (Fox)
LOEW'S FOX— (3,434), 25c-66c, 7 days
Stage: Seventh Anniversary, with Arthur
Godfrey, rh.c; Yascha Bunchuk, Pat
Rooney, Pat Rooney III, Herman Timberg,
Herman Timberg. Jr., and local artists and
dancing ensemble. Gross: $22,000. (Aver
age, $20,500)
"THE BARRETTS OF WIMPOLE
STREET" (M-G-M)
LOEW'S PALACE— (2.370), 3Sc-75c.
davs. Gross: $21,000. (Average, $14,500)
"THE CASE OF THE HOWLING DOG"
(Warners)
METROPOLITAN — (1,591), 25c-40c, 7
days. Gross: $6,500. (Average, $4.1001
"THE COUNT OF MONTE CRISTO"
(U.A.)
RKO -KEITH'S — (1,836). 25c-55c, 7 days
2nd week. Gross: $10,800. (Average
$11,400)
Hollywood Personals
Hollywood, Oct. 2. — Anna Sten to an unknown destination for
a two-week vacation . . . Viola Knapp, Joe Shea's secretary at
Fox, has resigned . . . Shea brought back a load of hay fever
from New York . . . Stan Laurel and Oliver Hardy have been
invited to be guests at next year's World Fair in San Diego . . .
Maurice Goldberg, well known New York photographer, shooting
Shirley Temple for a Vanity Fair layout . . . Sigfried Ruman
spotted in "East River" by Fox . . . Erie Kenton will direct "The
Depths Below" for Columbia . . . Peggy Wood has arrived by
plane for a role in "Right to Live" at Warners . . . William Gargan
sails from England Saturday on the Olympic . . . Travis Banton
is busy designing fall wardrobes for Claudette Colbert, Carole
Lombard, and Elissa Landi . . . Madge Evans has a new LaSalle.
"Barretts" $7,500
Indianapolis Lead
Indianapolis, Oct. 2. — Practically
the only theatre excitement in town
last week was at the Palace where
"The Barretts of Wimpole Street"
piled up $7,500. This leaves the $4,500
average for the house away behind.
"The Fountain" was also in the
money at $4,500, and "The Case of
the Howling Dog" was good for a
normal $6,000, but "British Agent"
and "The Count of Monte Cristo"
failed to make much of an impression.
Total first run business was $25,500.
Average is $24,000.
Estimated takings for the week end-
ing Sept. 29:
"THE COUNT OF MONTE CRISTO"
(Fox)
APOLLO— (1,171), 25c-40c, 7 days. Gross:
$2,500. (Average. $2,500)
"THE FOUNTAIN" (Radio)
CIRCLE— (2.638), 25c-40c, 7 days. Gross:
$4,500. (Average, $4,000)
"BRITISH AGENT" (F.N.)
INDIANA— (3,133), 25c-40c, 7 days. Gross:
$5,000. (Average. $7,000)
"THE CASE OF THE HOWLING DOG"
(Warners)
LYRIC— (1,896). 25c-40c, 7 days. Vaude-
ville. Gross: $6,000. (Average. $6,000)
"THE BARRETTS OF WIMPOLE
STREET" (M-G-M)
PALACE— (2,431). 25c-40c, 7 days. Gross:
$7,500. (Average, $4,500)
"Barretts" Up
In Cleveland;
Gets $15,000
Cleveland, Oct. 2. — "The Barretts
of Wimpole Street" was the big box-
office noise of last week here. It
grossed $15,000, or above average by
$5,000 at Loew's State.
"Servants' Entrance" was also a
strong draw, getting $7,000 at War-
ners' Hippodrome, and "Crime With-
out Passion" was $1,000 on the profit
side with a take of $5,000 at Loew's
Stillman.
Total first run business was $39,000.
Average is $33,000.
Estimated takings for the week end-
ing Sept. 28 :
"THE CAT'S PAW" (Fox)
(2nd run)
ALLEN — (3,300), 20c-30c-40c, 3 days.
Gross: $2,100. Average for 7 days, $3,000)
"DOWN TO THEIR LAST YACHT"
ALLEN — (3,300), 20c-30c-40c, 4 days.
Gross: $1,500.
"SERVANTS' ENTRANCE" (Fox)
WARNERS' HIPPODROME — (3,800),
30c-35c-44c. 7 days. Gross: $7,000. (Aver-
age, $6,000)
"AGE OF INNOCENCE" (Radio)
RKO PALACE— (3,100). 30c-35c-44c, 7
days. Gross: $8,000. (Average, $10,000)
"BARRETTS OF WIMPOLE STREET"
(M-G-M)
LOEW'S STATE— (3,400), 30c-35c-44c, 7
days. Gross: $15,000. (Average, $10,000)
"CRIME WITHOUT PASSION" (Para.)
LOEW'S STILLMAN— (1,900), 20c-30c-
40c, 7 days. Gross: $5,000. (Average,
$4,000)
"Belle" Gets
Big $19,000,
Frisco's Best
Kuykendall to Talk
At SMPE Convention
Ed Kuykendall, head of the M. P.
T. O. A., and Mrs. Frances Taylor
Patterson, director of photoplay ap-
preciation at Columbia University, will
be the principal speakers at the first
day of the S.M.P.E. convention start-
ing at the Hotel Pennsylvania Oct. 29.
Dr. F. B. Jewett, vice-president of
A. T. & T. and president of the
Bell Telephone Laboratories, will be
one of the speakers at the closing
banquet of the convention on Oct. 31.
Kuykendall leaves tomorrow for
Memphis, where he will talk to Tri-
State exhibitors at their convention,
Oct. 7-8. From there he will go to
New Orleans to address the National
Hotel Owners convention, Oct. 10.
On Oct. 12 he will be in Oklahoma
City, where he will address another
exhibitor meeting.
Kuykendall plans to be in Dallas
on Oct. 14 for a meeting of Texas
exhibitors.
San Francisco, Oct. 2. — "Belle of
the Nineties" made this section Mae
West conscious last week to the tune
of $19,000 at the Paramount. Aver-
age is $11,000.
"Affairs of Cellini" pulled in the
cash customers $9,000 worth at the
United Artists, and "Dames" had an
average $6,000 at the St. Francis.
"Servants' Entrance" took a normal
$23,000 at the Warfield, but business
elsewhere was nothing to get excited
about.
Total first run business was $83,800.
Average is $84,000.
Estimated takings :
Week Ending Sept. 24:
"LETS TRY AGAIN" (Radio)
GOLDEN GATE— (2,800), 25c-35c-40c, 7
days. Stage, band. Gross: $11,000. (Aver-
age, $13,000)
Week Ending Sept. 25:
"CRIME WITHOUT PASSION" (Para.)
"HAVE A HEART" (M-G-M)
FOX— (4,600), 15c-30c-40c, 7 days. Gross:
$10,000. (Average. $12,000)
"BELLE OF THE NINETIES" (Para.)
PARAMOUNT— (2.670). 15c-25c-35c-65c, 7
days. Gross: $19,000. (Average, $11,000)
"SERVANTS' ENTRANCE" (Fox)
WARFIELD— (2,700). 25c-35c-55c-65c, 7
days. Stage, vaudeville, band. Gross:
$23,000. (Average, $23,000)
Week Ending Sept. 25:
"ONE NIGHT OF LOVE" (Col.)
ORPHEUM — (3.000). 15c -30c -35c -40c, 7
davs. 4th week. Gross: $7,000. (Average,
$9,000)
"DAMES" (Warners)
ST. FRANCIS— (1,400). 15c-35c-55c-65c, 7
days. Gross: $6,000. (Average. $8,000)
"AFFAIRS OF CELLINI" (U.A)
UNITED ARTISTS— (1,200). 15c-35c-55c.
Ohio Sale Tax Idea
Is Gaining in Favor
Columbus, O., Oct. 2. — The gen-
eral sales tax, five times defeated by
the present legislature, has been given
a new impetus through withdrawal of
protest by the Ohio Council of Re-
tail Merchants, which heretofore has
vigorously opposed the measure and
been largely responsible for its failure
of passage.
The organization has a modified
plan. While the details have not been
made public, it is said to meet the ap-
proval of Governor White and his
confreres, and will be the dominating
factor of the mid-November session
of the General Assembly.
Meanwhile, exhibitors are more
hopeful for the ultimate passage of
the sales impost, or its eauivalent, as
they figure the present 10 per cent
admission tax will be abrogated.
"Cristo" Gets
Good $8,500
In Pittsburgh
Pittsburgh, Oct. 2. — The biggest
thing in town last week and probably
the outstanding surprise of the year
was "The Count of Monte Cristo."
It did $8,500 for that house's best
business since "The Private Life of
Henry VIII" and was held a second
week.
At the Stanley, "One Night of
Love" at $12,000 did about ?3,000
above average. "Servants' Entrance"
at the Alvin was another picture that
topped average, but was nevertheless
disappointing at $6,000.
At the Penn, "Death on the Dia-
mond," with Ben Bernie's band on
the stage, did only $18,000, about
$4,000 below par, while the Pitt, with
vaudeville, and "Name the Woman"
likewise dropped below par at $5,400.
Total grosses in six first runs were
$54,500. Average is $51,500.
Estimated takings for the week end-
ing Sept. 27 :
"SERVANTS' ENTRANCE" (Fox)
ALVIN — (2,000), 25c-40c, 6 days. Gross:
$6,000. (Average, $5,000)
"COUNT OF MONTE CRISTO" (U.A.)
FULTON— (1,750). 15c-40c, 6 days. Gross:
$8,500. (Average, $4,500)
"DEATH ON THE DIAMOND" (M-G-M)
PENN— (3,300), 25c-75c, 6 days. Stage:
Ben Bernie's band. Gross: $18,000. (Aver-
age, $22,000)
"NAME THE WOMAN" (Col.)
PITT— (1,600). 15c-35c, 6 days. Vaude-
ville. Gross: $5,400. (Average, $6,000)
"ONE NIGHT OF LOVE" (Col.)
STANLEY — (3,600), 25c-50c, 6 days.
Gross: $12,000. (Average, $9,000)
"CASE OF THE HOWLING DOG"
(Warners)
"GREAT FLIRTATION" (Para.)
WARNER — (2,000), 25c-40c, 6 days.
Gross: $4,600. (Average, $5,000)
"Belle" Montreal
Hit with $13,500
Montreal, Oct. 2. — The big houses
went over the top in a big way last
week, the leader being the Palace with
$13,500 for "Belle of the Nineties," as
compared with par of $11,000.
Loew's was in the big money class
with $12,500 for "Their Big Mo-
ments" and a stage bill, while the
Capitol rated S9,5O0 with "Of Human
Bondage." "Down to Their Last
Yacht" brought $7,500 to the Prin-
cess, all of the above being well above
average.
Total business was $47,000. Average
is $43,000.
Estimated takings for the week end-
ing Sept. 29 :
"OF HUMAN BONDAGE" (Radio)
"BACHELOR BAIT" (Radio)
CAPITOL— (2.547), 25c-35c-40c-50c-60c, 7
days. Gross: $9,500. (Average. $9,000)
"HAT. COAT AND GLOVE" (Radio)
"THE MOONSTONE" (Monogram)
IMPERIAL— (1.914), 25c-40c-50c, 7 days.
Gross: $4,000. (Average. $6,500)
"THEIR BIG MOMENT" (Radio)
LOEW'S— (3.115), 29c-34c-40c-57c-75c. 7
days. Stage: Buck and Bubbles in Harlem
on Parade. Gross: S12.500. (Average.
$10,500)
"BELLE OF THE NINETIES" (Para.)
PALACE— (2.600). 34c-40c-50c-60c-75c. 7
davs. Gross: $13,500. (Average. S11.000)
"DOWN TO THEIR LAST YACHT"
(Radio)
"IF I WERE FREE" (Radio)
PRINCESS— (2.272). 25c-35c-50c-65c, _ 7
davs. Added: Ross-McLarnin fight pic-
tures. Gross: $7,500. (Average, $6,000)
xtoiiing in inc
All over America the Laugh Panic is on! Audiences that
used to sit on their hands are now blistering them with ap-
plause ! They laugh till they cry, then cry for more ! There
never was anything like it! DUMB-BELL LETTERS, that
dippy-daffy-delirious collection of guaranteed genuine
bottled in the booby -hatch nut mail, is one reel of con-
centrated howls that is stealing the show everywhere.
PANIC
IN PORTLAND!
"Thought you would be interested to learn
that the audience reaction to DUMB-BELL
LETTERS has been excellent This subject me or ine™ - - .. . „0UT atteniw
can be used to advantage an any fTogTam tnQt I am happy to call t Arthur L.
as it urtll brighten up any shoui."
A Goodside, Empire Theatre, ^£
m _ Portland. Maine. 1^. Hf% ^9
l^a«of .^-Director,
owls that is stealing the show everywhere. (if I ^^^3^^^
New * 01
-"Hit, J***.
Wkuded lert^e mZe never ru-n ^"TeWc
VAN BEUREN
' PRODUCTION'
rW«um Theafre
RKO-RAD 10
'PICTURE'
12
MOTION PICTURE
DAILY
Wednesday, October 3, 1934
Indies Here
For Fight on
L. A. Zoning
(Continued from page 1)
states that unless a picture has a first
run it cannot be released until 35
days after availability set by dis-
tributors. He also added that in-
dependents cannot release two pic-
tures a week on the coast, which is
unheard of.
It is understood Edward Golden,
general sales manager of Monogram,
and Louis Nizer, who defended inde-
pendents at the hearing on the Mil-
waukee schedule when duals were the
main topic, will be ready to fight pro-
ponents of the schedule.
Among those here from the coast
to attend the hearing are Jack Mil-
stein, M-G-M branch manager in
Los Angeles ; Harry Chotiner, Ben
Berinstein and Harry Hicks.
Every attempt will be made to fight
provisions in the schedule which do
not conform with the code, one ex-
hibitor stated. "We want a workable
schedule and we want it quick. Buy-
ing is being held up on the coast
until the clearance plan is set," he said.
In addition to the coast men, sales
heads of the various major and in-
dependent organizations will attend
the session today.
Admissions, it is stated, are not
one of the major issues in this sched-
ule. Independents hold that if the
schedule is passed, it will drive out
the small producer and exchange man.
Carthage Clearance
Is Set at 120 Days
Albany, Oct. 2. — The protest of
Minrose Amusement Corp., operator
of the State, Carthage, N. Y., against
the clearance held by Schine's Strand,
that town, over second runs, has
been disposed of by the clearance
and zoning board. The decision was
that first runs should have 120 days'
clearance.
After hearing the complaint of Wil-
liam C. Smalley, operator of Smalley's
Hamilton, Hamilton, N. Y., against
the Glove City Amusement Co., Inc.,
Gloversville, the grievance board, sit-
ting as an industrial adjustment
agency, has passed the case up to
Campi.
Distributors Given
Warning on Scales
(Continued from page 1)
are warned that "any agreement be-
tween an exhibitor and a distributor
subsequent to the filing of a complaint
or to a decision which would legalize
the violation shall be considered a
distinctly unfair practice."
Reorganization of FWC
To Proceed in 2 Weeks
Sale to Do 6 for M-G-M
Hollywood, Oct. 2. — Charles "Chic"
Sale will make six more one-reel nov-
elties for M-G-M, although he is
under contract to Hal Roach.
(Continued from page 1)
present F. W. C. operating setup in
any material way. The election of
Sidney R. Kent, Fox president, to the
presidency of the reorganized F. W. C.
company, contemplated in the plan, is
regarded as one of its most important
provisions.
Refusal of the Circuit Court of Ap-
peals to hear Zirn's appeal on the
settlement also permits Paramount to
proceed with its F. W. C. agreement.
Paramount's claims against the circuit
arose out of alleged defaults by F.
W. C. of 1930 leases on seven Pacific
Coast theatres which it sublet from
Paramount. The theatres involved
are the St. Francis, Paramount and
California at San Francisco ; Para-
mount at Oakland ; Paramount and
Rialto at Portland, and Paramount,
Seattle.
Under the terms of the settlement
F. W. C. takes new 10-year leases on
che three San Francisco theatres at an
average rental of $214,000 and pays
Paramount $114,299 in back rent and
an additional amount to be determined
by net income on the houses over a
specific period. In addition. Para-
mount is to receive 37J-4 per cent of
.he net earnings of all downtown San
Francisco houses in which F. W. C.
has an interest during the life of the
leases.
F. W. C. also takes a new lease on
the Paramount, Oakland, and pays
$390,000 to Paramount, guaranteed by
Fox Him, for back rentals and claims.
The landlord of the house withdraws
a claim of $2,211,500 filed against
Paramount for breach of lease. The
settlement also provides for a payment
by F. W. C. of $35,030 to Paramount
tor back rent on the Paramount and
Rialto, Portland, and the Paramount.
Seattle. The Rialto has been repos-
sessed by the landlord and is not in-
cluded in the new leases. The Para-
mount, Portland, will be operated for
10 years by a new company in which
F. W. C. will have a 75 per cent in-
terest and Paramount the other 25
per cent. Paramount film franchises
are incorporated in the settlement.
The settlement of the Paramount
claim was so important a part of
future F. W. C. operations that a
reorganization of the latter could not
be consummated until the Federal
court had decided on the Zirn appeal
and the approval of the settlement was
made final.
Seals Are Awarded
British Takes for
To 19 More Films '33 $192,156,000
M-G-M Re-Signs Cobb
Hollywood, Oct. 2. — Irvin S. Cobb
has signed another contract to write
one original feature for M-G-M.
(Continued from page 1)
two each ; M-G-M, Warners, Colum-
bia and Chesterfield, one each. In the
shorts division, Principal received
four ; Educational and Radio, two
each, while Warners, First Division
and Animated received one each.
Pictures approved are as follows :
Fox
(Features)
"365 Nights in Hollywood" and "Marie
Galante."
Radio
(Features)
"The Gay Divorcee" and "Wednesday^
Child."
(Shorts)
"Ruth Etting No. 2" and "A«
Spanish Onion."
M-G-M
(Features)
"Student Tour."
Warners
(Features)
"The Perfect Week-End."
(Shorts)
"Viva Buddy !"
Columbia
( Features)
"Lady By Choice."
Chesterfield
(Features)
"The Curtain Falls."
Educational
(Shorts)
"Nifty Nurses" and "Campus Hoofer."
Principal
(Shorts)
"The Invisible Circle," "Chandu's False
Step," "Mysterious Magic" and "Edge of
the Pit."
First Division
(Shorts)
"Mexican Idyll."
Animated
(Shorts)
"The Headless Horseman."
Washington, Oct. 2. — A total of
$192,156,000 was paid in Great Brit-
ain for admissions to film houses dur-
ing 1933, according to a U. S. De-
partment of Commerce statement based
on a report from American Consulate-
General in London.
The entertainment tax on the $192,-
156,000 in paid admissions amounted
to $32,026,000.
The total number of admissions to
British film theatres in 1933 was
958,000,000, or an average of 18,-
500,000 a week. The inclusion of Ire-
land, it was pointed out, would bring
this figure up to about 19,250,000 a
week. The average admission price
of 2,000 British theatres during the
current year was approximately 20
cents.
During 1933, the report states, 476
films were imported into Great Brit-
ain, of which 330 were registered by
nine American-owned companies di-
rectly representing the leading Ameri-
can film-producing organizations. The
value of the American films repre
sented more than 90 per cent of the
total imports of films.
The net value, according to the
British authority, of remittances to
the LJnited States arising from Ameri-
can films imported in 1933 was $25,
334,000. During the same period re
ceipts from abroad on account of
British films amounted to $2,868,000
No British Quota
Jump Planned Now
(Continued from page 1)
Oct. 1 up to and including 1938. Un-
der the quota law a minimum of 15
per cent of the total footage exhibited
in British theatres last vear was re-
Phila. Agog
Over Warner
Theatre Yarn
(Continued from page 1)
operation. This was vehemently de-
nied later in the day from New York
by H. M. Warner, who said :
"I wish to deny emphatically the
dispatch from Philadelphia published
in the New York Times, to the effect
that I have purchased four theatres
in and near that city. The statement
in the dispatch, and also, I under-
stand, in Philadelphia newspapers, to
the effect that 'it was said that War-
ner bought the theatres for himself,
rather than for Warner Bros, and
that he would operate them indepen-
dently of the Warner chain,' is utterly
untrue.
"Neither I, nor either of my
brothers, nor any executive of our
organization, has bought or will buy
any theatre for personal operation in-
dependently of the theatre operations
of Warner Bros, or any of its sub-
sidiaries."
Rumors persisted anyway that the
personal buying angle meant sub-oper-
ation in the manner of the Earle.
which ostensibly is operated by Joseph
Feldman. but still is controlled by
Warners. The name of William Gold-
man, former Warner theatre head
here, who is now launching an inde-
pendent circuit, is again prominently
mentioned in connection with Warner
expansion.
The purchase would solidify the
Warner position in both the west and
northwest sections of the city.
Albert M. Greenfield & Co. acted as
agent for L. M. Mader, who is listed
as the buver.
First Division Gets
Two Western Series
(Continued from page 1)
by Audio. The company is negotiating
for a number of English pictures and
will also distribute Mannon's serial,
"The Sky Fighter."
Mike Howard has been appointed
division manager of the New Orleans.
Charlotte and Atlanta offices. Al
Friedlander shortly will open First
Division exchanges on the coast.
Gomersall Back on Job
T. T. ("Peck") Gomersall, west-
ern sales manager for Universal, re-
turned to his post yesterday after
eight and a half weeks in the Hospi-
tal for Joint Diseases. Gomersall
fell from a horse while riding in
Central Park, injured his back and
was placed in a plaster cast.
However, part of the cast still en-
cases his chest. That made Gomer-
sall chesty and ready to take on all
comers. Many of the Universalites
tried it, pounded the chest and found
all that Gomersall did was to smile
and emit hollow sounds.
quired to be of British origin. The
same schedule is prescribed for the
year ending Sept. 30, 1935, after
which the schedule increases to 20 per
cent and continues at that level until
the expiration of the present Films
Act in 1938.
The Leading
Daily
^Newspaper!
[of ihe
Motion
Picture
Industry
MOTION PICTURE
DAILY
Alert,
Intelligent
Failhfutl 1
Service to
the Industry
in All
Branches
VOL. 36. NO. 80
NEW YORK, THURSDAY, OCTOBER 4, 1934
TEN CENTS
See Music Tax
Agreement of
About 25-30^
Mills Talks Compromise
With Theatre Men
A new music tax assessment of 25
or 30 cents per seat was indicated as
a possibility following a preliminary
conference yesterday between an ex-
hibitor delegation and E. C. Mills,
general manager of the American So-
ciety of Composers. Authors and Pub-
lishers, at which a compromise on the
increased music tax schedules placed
in effect by A.S.C.A.P. on Oct. 1
was discussed.
Neither Mills nor members of the
exhibitor delegation later would dis-
cuss the terms proposed at yesterday's
(Continued on page 6)
Cleveland's Dual
Agreement Upheld
Cleveland, Oct. 3. — A permanent
injunction restraining the Family
Theatre from playing duals was
granted today by Judge Alva Corlett
in Equity Court in the case of the
Center Woodland Amusement Co.
against the Family.
The decision upholds as legal and
binding the agreement of exhibitors
to eliminate duals in greater Cleve-
land, effective July 8.
The court also decided in favor of
the plaintiff on all three counts,
namely, violation of the Valentine
(Continued on parte 6)
Campi Is Divided on Removal
Of Leasing Clause from Code
Campi is divided on withdrawing the lease clause from the
code, some members contending that its wide interpretation
makes it impossible for Code Authority to hand down equitable
decisions. Some code men also hold that if a landlord wants to
lease a theatre, it is his own business and he can do as he pleases.
Independent members hold this clause was put into the code to
protect exhibitors from outside interests taking their theatres
away from them while they are operating.
Katz Studio
Aide, Mannix
Stays — Mayer
Clarifying the status of Sam Katz,
who recently joined M-G-M, Louis
B. Mayer, production head, yesterday
said upon his arrival on the Paris
that Katz would be his assistant and
also assistant to Eddie Mannix, per-
sonal representative of Nicholas M.
Schenck, at the studio. Mayer em-
phasized the fact that reports Katz
would replace Mannix are unfounded.
Katz will confer with Mayer to-
day and after the meeting will de-
(Continucd on parte 7)
Chicago Clearance
Decision Reversed
Reversing a decision of the Chicago
clearance and zoning board, Campi
has decided that Van Nomikos,
operating the Logan, Chicago, is en-
titled to play pictures in the first
week of general release rather than
the second week. The protestant
complained against Essaness Theatre
(Continued on parte 6)
Campi Adjourns L. A.
Hearing Until Today
Because of the involved situation,
a Campi appeal committee compris-
ing Ed Kuykendall, E. T. (Peck)
Gomersall and Harry Shiffman ad-
journed the hearing of the Los An-
geles clearance and zoning schedule
to 10 A. M. this morning.
The entire afternoon was spent
(Continued on page 6)
Detroit's Theatres
Benefit from Series
Detroit, Oct. 3. — There's plenty of
activity in this town with the World's
Series crowd here. Downtown houses
are feeling the effects.
All hotels are filled and everybody
is in a spending mood.
Warner-Para. Deal
In Phila. Dropped
That a takeover of four Publix-
Pennsylvania theatres by Warners had
been discussed as part of a deal which
included "numerous other considera-
tions," all of which was subsequently
(Continued on page 2)
Dismissal of
Fox Theatres
Case Sought
Dismissal of the petition for a re-
organization of Fox Theatres under
Section 77-B on the grounds of bad
faith will be asked by creditors of Fox
Metropolitan Playhouses at a hear-
ing before Federal Judge Martin
Manton on Tuesday, it was learned
yesterday.
The Fox Met creditors have ob-
tained subpoenas for Nathan Burkan,
A. C. Blumenthal, Ernest W. Niver
of Halsey, Stuart & Co., W. C.
(Continued on page 7)
Midwest Picking Up,
Declares Wolf berg
Conditions in the midwest are satis-
factory despite the drought, Harris
P. Wolfberg, M-G-M district manager
with Kansas City, St. Louis, Denver,
Omaha and Des Moines exchanges
(Continued on page 6)
Receipts in W. Va.
$3,158,000 in 1933
Washington, Oct. 3. — Gross re-
ceipts of 149 West Virginia picture
houses last year totaled $2,711,000 on
a payroll of $508,000, while seven other
theatres took in $447,000 and had a
(Continued on page 6)
Discover NRA Rules on
Extras Already Approved
Washington, Oct. 3. — Sudden dis-
covery that the rules concerning the
employment of extras had been ap-
proved without interested parties in
the industry being given an oppor-
tunity to present their views, today
necessitated issuance of an order by
National Recovery Administration
postponing the date upon which the
rules will go into effect to Oct. 11
The rules were approved by Ad-
ministrative Officer Lynch on Sept.
27, to become effective Oct. 6. In the
(Continued on page 6)
Film Workers
Up 33y3%, But
Expenses Drop
Industry Costs Decline
22.7% Under 1931
Washington, Oct. 3. — Employment
in the film industry last year was ap-
proximately a third greater than in
1931 but producers' expenditures were
22.7 per cent less, it was reported to-
night by the U. S. Census Bureau.
Total expenditures for production
were $119,342,866 against $154,435,-
8 in 1931, a large part of the decline
being in feature films, it was shown.
Total cost of negatives was $82,279,-
869 against $108,559,975, apportioned
as follows: Theatrical films, 1,059
costing $77,535,515 in 1933, against
1,227 costing $100,064,532 in 1931;
news and advertising, $4,576,421,
(Continued on page 6)
Blumenthal Plans
Producing Series
A. C. Blumenthal plans to enter
production within the next few weeks
with negotiations now under way to
produce four or five pictures a year
for a major company. He expects to
close a deal within the next few days.
According to Blumenthal's plans,
he will make some of the pictures in
(Continued on page 6)
Jersey Allied Dual
Move Falls Through
With the general ban on duals out,
Allied of New Jersey has lined up the
Oranges — East and West — as the in-
itial spots where a plan to eliminate
twins by territories will be tried out.
Independents are conferring with
Warners on the plan and a date for
dropping the second feature will be
set shortly. Yesterday was to. have
been the day when the general ban
was to have gone into effect, but lack-
ing five per cent of independent thea-
tre representation, the move fell
through.
Balaban Is Allowed
To File Para. Claim
John Balaban, former Publix home
office executive, now associated with
Balaban & Katz, Chicago, was author-
ized by Federal Judge Alfred C.
Coxe yesterday to file a claim against
Paramount Publix based on the unex-
pired portion of his contract. The
(Continued on page 7)
MOTION PICTURE
DAILY
Thursday, October 4, 1934
MOTION PICTURE
DAILY
(Registered U. S. Patent Office)
Vol. 36
October 4, 1934
No. 80
Martin Quigley
Editor-in-Chief and Publisher
MAURICE KANN
Editor
JAMES A. CRON
Advertising Manager
Published daily except Sunday and holi-
days by Motion Picture Daily, Inc., sub-
sidiary of Quigley Publications, Inc.,
Martin Quigley, President; Colvin Brown,
Vice-President and Treasurer.
Publication Office: 1790 Broadway, New
York. Telephone Circle 7-3100. Cable ad-
dress "Quigpubco, New York." All con-
tents copyrighted 1934 by Motion Picture
Daily, Inc. Address all correspondence to
the New York Office. Other Quigley pub-
lications: MOTION PICTURE HERALD,
BETTER THEATRES, THE MOTION
PICTURE ALMANAC and THE CHI-
CAGOAN. .
Hollywood Bureau: Postal Union Life
Building, Vine and Yucca Streets, Victor
M. Shapiro, Manager; Chicago Bureau: 407
South Dearborn Street, Edwin S. Clif-
ford, Manager; London Bureau: Remo
House, 310 Regent St., London, W. 1,
Bruce Allan, Representative. Cable address:
"Quigpubco, London"; Berlin Bureau:
Berlin-Tempelhof, Kaiserin-Augustastrasse
28, Joachim K. Rutenberg, Representative;
Paris Bureau: 19, Rue de la Cour-des-
Noues, Pierre Autre, Representative; Rome
Bureau: Viale Gorizia, Vittorio Malpassuti,
Representative; Sydney Bureau: 102 Sus-
sex Street, Cliff Holt, Representative; Mex-
ico City Bureau: Apartado 269, James
Lockhart, Representative; Glasgow Bureau:
86 Dundrennan Road, G. Holmes, Repre-
sentative; Budapest Bureau: 3, Kaplar-u,
Budapest, II, Endre Hevesi, Representa-
tive; Moscow Bureau: Civtzev Vrazhek, N.
25, Apart. 146, Moscow, U. S. S. R., Bella
Kashin, Representative. Cable address:
Samrod, Moscow.
Entered as second class matter, January
4, 1926, at the Post Office at New York
City, N. Y., under Act of March 3, 1879.
Subscription rates per year; $6 in the
Americas, except Canada $15 and foreign
$12. Single copies: 10 cents.
Product Talk Opens
Milwaukee Session
Milwaukee, Oct. 3. — A round
table discussion of distributor sales
policies and new product, .held behind
closed doors, occupied the opening
session of the Wisconsin Allied con-
vention here today.
Exhibitor attitudes on buying are
also understood to have been aired by
the 40 delegates in attendance. To-
morrow's session is scheduled to take
up the subject of double featuring in
Wisconsin.
Lowell M. Prewitt Dead
Indianapolis, Oct. 3. — Lowell M.
Prewitt, 40, well known Indiana ex-
hibitor, is dead at his home in Plain-
field. He had been ill for three years.
He was a former member of the ex-
ecutive board of the Indiana exhibitors'
association and was owner of the
Prewitt Theatre. He is survived by
his mother, Mrs. Viola N. Prewitt,
and his widow.
M. L. Gordon Passes
Middletown, O., Oct. 3. — M. L.
Gordon, owner of the theatre bearing
his name, died at his home here fol-
lowing a lingering illness.
Delay Boston Road Deal
Loew's has delayed taking over the
Boston Road from Henry Seigel
until Nov. 1. The house is now being
remodeled.
Heavy Para. Sales on Big Board
Net
Columbia Pictures, vtc.
Consolidated Film Indu
Fox Film "A"....
Loew's, Inc
Loew's, _ Inc., pfd.
Paramount, cts. .
Pathe Exchange
Pathe Exchange
RKO
Warner Bros.
•A'
High
Low
Close
Change
Sales
3534
1 CI/
200
3
3
3
100
13-H
\M
13*6
- V*
100
99/
99/
99/
- /
200
115/g
n/
H5/8
+ Vz
300
2&Vi
27%
277^
- Vt
2,400
91/
91/
9154
+1
100
4M
4/
+ /
17,700
1/
M
154
700
13M
13
133/6
+ %
800
2/
2Yt
2%
200
S'/s
2.100
Trans Lux Loses Y$ on Curb
Trans Lux
High
Low
m
Net
Close Change
Sales
200
Warner Bonds Decline V2 Point
General Theatre Equipment 6s '40.
Loew's 6s '41, ww deb rights
Paramount F. L. 6s '47
Paramount Publix 5/s '50
Pathe 7s '37, ww
Warner Bros. 6s '39, wd
Net
High
Low
Close
Change
Sales
7
7
7
+ /
1
101/2
101!4
101/
+ /
2
61 A
60
60/
+ /
3
61/
60
60
-a
70
98
98
98
1
61
60
60
- /
12
Chadwick to Make Six
I. E. Chadwick plans to produce
six features, one of which will be "In
My Old Kentucky Home." Produc-
tion will start at the Chadwick studios
on the coast as soon as his work as
independent production representative
eases up.
Discussing activities of indepen-
dents, Chadwick says they are improv-
ing the type of product being turned
out. He says it is amazing what the
independents have done in the last
year.
Van Schmus to Entertain
Trade and daily paper reviewers
and others in the industry will be
entertained tonight in the Music Hall
executive offices by Managing Direc-
tor W. G. Van Schmus following the
9:15 showing of "Power." This is
the second Gaumont British feature
to be shown at the Music Hall under
the new deal with the British firm.
Arrange Special Car
Philadelphia, Oct. 3. — Arrange-
ments are being made for a special
sleeping car to leave Friday night
following the tournament festivities.
It will arrive in Pittsburgh Satur-
day in ample time for the Pitt foot-
ball game, and the men will have
a chance to rest before the annual
Variety Club dinner Sunday night.
Randforce to Take Utica
Randforce expects to take over op-
eration of the Utica, Brooklyn, from
RKO within the next few weeks. This
deal is part of the arrangement
whereby the major circuit gets Fox
product from Loew which is cleared
in Randforce territory by Louis
Frisch and Sam Rinzler.
Run for "La Cucuracha"
"La Cucuracha," which has already
played at the Music Hall, has been
booked into the Roxy on an indefinite
basis, the understanding between
Jules Levy, RKO general sales man-
ager, and Howard S. Cullman being
that it will stay for at least three
weeks.
Mississippians to Meet
Jackson, Miss., Oct. 3. — Theatre
Owners of Mississippi will hold their
semi-annual meetinsr at the Robert
E. Lee Hotel Oct. 28-29.
Form Two Film Firms
Albany, Oct. 3. — Cartoon Ex-
hibitors, Inc., has been chartered here
with 200 no par value shares to pre-
sent films and vaudeville. Robert
Schirmer, Clinton S. Cook and Carl
Ahlermann are directors.
Filmpro Agency, Inc., also has been
formed to deal in picture apparatus.
Alfred L. Schein, Stanley K. Fried-
man and Stanley B. Schein are in-
corporators.
Warners to Star Darro
Hollywood, Oct. 3. — Falling in line
with the demand for kid pictures,
Warners have decided to do a story
starring Frankie Darro.
Warner-Para. Deal
In Phila. Dropped
(Continued from page 1)
abandoned, was admitted yesterday by
Paramount theatre representatives
here.
The theatres, the Tower and Nixon
in West Philadelphia, and Frank-
ford and Roosevelt in Frankford, are
under lease to Paramount until 1951,
it was stated. Newspaper accounts
describing H. M. Warner as the pur-
chaser of the houses for "personal
operation", were denied emphatically
by Warner on Tuesday. Joseph
Bernhard, Warner theatre director,
made a similar denial on behalf of
the theatre company yesterday.
Korda to Hollywood Soon
London, Oct. 3. — Alexander Korda,
head of London Films, plans to leave
for Hollywood shortly. The com-
pletion of three films will keep him
here for a short while longer, how-
ever. The main purpose of his visit
is to make an inspection of the Ameri-
ican studios.
To Film Houdini Story
Hollywood, Oct. 3. — Columbia will
film a story based on the life of Hou-
dini, with Fred Keating, life long
friend of the magician, featured. Jo
Swerling is at work on the story.
Trade Show "Divorcee"
Radio will give a trade showing of
"The Gay Divorcee" tomorrow morn-
ing at 11 o'clock at the Astor.
"There's HAPPINESS AHEAD-he
imagines he's about to become a mother '
Thank you, ED FAX for
BIG HEARTED HERBERT
We're glad you asked us to buy this famous stage hit after you saw what
a riot it was on Broadway. Your fellow showmen will be proud of you
for inspiring one of the greatest film comedies of the year. Already your
judgment has been vindicated by such preview praise as "a laugh riot if
there ever was one," "a grand entertainment treat," "a swell answer to any
exhibitor's prayer." We give you all the credit for the idea
you'll give GUY KIBBEE and ALINE MacMAHON a lot of credit
for a pair of grand performances . . . . . . and we believe the
trade will give us credit for giving them the kind of shows they ask for!
-WARNER RROS.
"ANNA
STEN
qives one of the
most outstanding
performances since
the inception of
talking pictures!
— FILM DAILY
"F R E D R I C
MARCH
turns in the best
job of his career!
MOTION PICTURE
DAILY
Thursday, October 4, 1934
See Music Tax
Agreement of
About 25-30^
(Continued from page 1)
conference, but it was learned from
an authoritative source that Mills pro-
posed a flat rate of 40 cents per seat
as an alternative to the society's new
schedule. An exhibitor representative
countered with a proposal of IS cents
per seat, it was learned.
The group will meet again with
Mills on Monday at which time an
agreement on a flat rate in the neigh-
borhood of 25 or 30 cents is regarded
as likely. The former music tax rate
was 10 cents per seat and the new
schedule calls for a seat tax equal in
amount to the highest admission
charge of the theatre. In most de
luxe situations this charge would
range from 40 cents to 75 cents per
seat.
Exhibitors, it was learned, would not
be restrained under any compromise
arrived at from aiding the Govern-
ment in its anti-trust suit against
A.S.C.A.P., or from bringing any
legal action of their own against the
society. Neither would exhibitors be
restrained from efforts to obtain legis-
lative relief from music tax collections
or from appeals for revision of the
copyright laws.
Exhibitor representatives at yester-
day's conference were Leopold Fried-
man, Loew's ; Ed Kuykendall, M.P.
T.O.A. ; Sydney Justin, Paramount ;
Edward G. Levy, M.P.T.O.A.; Leon
D. Netter, Paramount; Harry M.
Pimstein, RKO ; Walter Vincent,
Wilmer & Vincent, and Milton C.
Weisman, I.T.O.A.
Blumenthal Plans
Producing Series
(Continued from page 1)
the east and others on the west coast.
He is all set on his first story, but
would not discuss this angle or studios
when questioned.
Blumenthal plans to leave for Holly-
wood sometime next week. Reports
are current he may make the pictures
for United Artists. Joseph M.
Schenck and Douglas Fairbanks ar-
rive from Mexico and Hollywood to-
morrow and will spend the week-end
at Blumenthal's home in Larchmont.
It is expected Schenck and Blumenthal
will talk over the proposed production
deal.
Cleveland's Dual
Agreement Upheld
(Continued from page 1)
Anti-Trust Law, fraud in securing the
agreement of signatures and failure
to secure the signatures of all the
Cleveland exhibitors then operating
as provided to make the agreement
binding.
This was the first case testing the
legality of the Greater Cleveland
single feature agreement. Jerome
Friedlander, attorney, represented M.
B. Horwitz, president of the Center
Woodland Amusement Co.
Discover NRA Rules on
Extras Already Approved
Chicago Clearance
Decision Reversed
(Continued from page 1)
Corp., which has the Embassy, same
city. Code Authority was unanimous
in handing down the verdict.
ihe board athrmed a decision of
the Chicago committee when it de-
nied that trie Palace should have clear-
ance over the \ alparaiso.
Appeals from "race night" decisions
by tne Indianapolis grievance board
were voted in tavor of complainants.
Leonard Sowar, btrand, Muncie, ind.,
complained against tne Rivoli, same
city, and the Paramount, Marion,
protested against the Indiana, same
city.
The complaint of the Baxter and
Broadway, Louisville, against the St.
Therese Catholic Churcn Gym, same
city, was upheld and all distributors
were ordered to stop serving the non-
theatrical account.
A premature advertising complaint
on behalf of the Strand, Knoxville,
Tenn., against the Bijou, same city,
was upheld by Campi.
Dismissal of a reduced admission
complaint by the Mars, Lafayette,
Ind., against Clyde South and Ivan
Arnold of the Main, same city, was
upheld by Code Authority.
A second complaint filed by A. B.
Momand of the Odeon, Shawnee,
Okla., against Griffith Amusement
Co., on overbuying was dismissed.
Campi upheld the findings of the
Dallas Industrial Adjustment Agency
in the case of Victoria and Uptown,
Victoria, Texas, against the Rita and
Queen, same city.
Campi Adjourns L. A.
Hearing Until Today
(Continued from page \j
yesterday discussing several situations
affected by the schedule. Among
those attending the meeting were Ben
Berinstein, Harry W. Chotiner, Mil-
ton Arthur, Jack J. Milstein, I. E.
Chadwick, Lou Halper, John B. Ber-
tero and E. Port Major, all from the
coast.
GFTA Loses Board Fight
Atlanta, Oct. 3. — Division Admin-
istrator Sol A. Rosenblatt does not
take seriously the local contention that
Nat Williams and Oscar Lam are not
entitled to serve as unaffiliated mem-
bers of the code boards. Ike Katz,
president of the GFTA, reported to
the convention to this effect. He was
one of a group that went to Wash-
ington to put the matter up to NRA
headquarters.
Vaude Order Is Approved
Washington, Oct. 3. — Division
Administrator Sol A. Rosenblatt has
approved an interpretative order stat-
ing that vaudeville performers, wheth-
er amateurs or professionals, are to
be paid a minimum of $7.50 for each
theatre booked.
Lease St. Louis Odeon
St. Louis, Oct. 3. — The Lincoln
Amusement Co. has leased the Odeon
and will open it as a colored first run.
(Continued from page 1)
confusion surrounding the resignation
of General Hugh S. Johnson the fail-
ure to comply with the formality of
permitting the filing of objections was
not immediately detected.
Any objections to the rules may be
submitted to Deputy Administrator
William P. Farnsworth prior t# Oct.
11, when, if no substantial opposition
has been expressed, they will become
effective.
The rules establish a normal work-
ing day of eight hours, with provision
for working up to 16 hours out of
24 during emergencies. Overtime
would be paid at one-quarter day's
pay for each two hours. Other rules
require extra pay for hazardous work,
immediate notice of cancellation or
pay for waiting time, recompense for
damaged wardrobes, and define the
Los Angeles studio zone as all terri-
tory within a radius of six miles from
the intersection of 5th and Rossmore
Sts., Los Angeles. The rules were
submitted by the agency committee
of the Code Authority.
Won't Quit, Repeats
Rosenblatt on Coast
Hollywood, Oct. 3. — Division Ad
ministrator Sol A. Rosenblatt, flying
into town today on his way to the
American Federation of Labor con-
vention in San Francisco, reiterated
he did not contemplate quitting the
NRA. "My present plans," he said
"necessitate staying on indefinitely."
After a day here conferring with
Major J. O. Donovan on undisclosed
business, he leaves for San Francisco
tomorrow. He may pay another visit
to Hollywood on his way back from
the A. F. of L. convention, it is un-
derstood.
Form New British Firm
London, Oct. 3. — A new company
to make films for the American mar-
ket has been organized here under
the name British National Films, Ltd.
The productions will have American
stars, directors and technicians. The
first will be based on the life of
Cecil Rhodes and the second will be
an adaptation of Maxwell Anderson's
play, "Mary Queen of Scots." John
Corfield is manager of the firm. He
asserts the company is seeking Frank
Lloyd to direct both.
Newark Spots Try Films
Two Newark legitimate houses will
adopt film policies within the next
few weeks. Harry Brandt has taken
the Broad and the landlord of the
Metropolitan will reopen the theatre
shortly with films.
The Dodd. Orange, N. J., also will
blossom forth with a picture policy
when the landlord reopens the house.
To Film "Ghunga Din9'
Chicago, Oct. 3. — Edward Small,
vice-president of Reliance Pictures in
charge of production, announced here
today prior to his departure for New
York that his company would produce
"Ghunga Din," and that final arrange-
ments are being made with Rudyard
Kipling, the author. The picture will
be released through LJnited Artists.
Film Workers
Up 33y3%, But
Expenses Drop
(Continued from page 1)
against $3,422,129 for news and $4,-
663,817 for advertising; educational,
$167,933, against $409,497.
During the year $14,581,457 was
spent on unfinished productions,
against $14,728,680 in 1931. Labora-
tory operations included positive films
costing $7,624,761, against $12,556,231,
and receipts for work done for others
of $11,835,057, against $14,331,683.
The value of other work done was
$1,520,021, against $2,801,695, and re-
ceipts for use of studio facilities were
$1,501,701 against $1,457,424.
The number of producing establish-
ments dropped from 140 in 1931 to 92
in 1933, but the number of persons en-
gaged, other than officers of corpora-
tions, increased from 14,839 to 19,037.
although total salaries and wages in-
creased only slightly, from $70,637,031
to $71,343,941, indicating the deflation
cf salaries which has occurred. Pay-
ments for contract work last vear
were but $4,027,663, against $12,015,-
722 in 1931, and the cost of studio sup-
plies, containers for film, fuel, and
electric energy was $26,153,298,
against $32,222,404.
Employes Classified
In the report issued today, for the
first time, the bureau has attempted a
break down of the employment figures,
giving the following information for
1933 : Managers, superintendents, pro-
duction supervisors, directors and
other responsible administrative em-
ployes, 610 receiving salaries aggre-
gating $12,883,328; scenario writers,
unit managers, assistant directors,
technicians, wardrobe designers, lab-
oratory supervisors, cameramen, act-
ors, extras, auditors, bookkeepers,
clerks, stenographers and other cler-
ical employes on salary, 7,650 receiv-
ing $40,065,124; wage earners (car-
penters, painters, prop makers, lab-
oratory workers, wardrobe workers
and other skilled and unskilled labor)
10,777 (average for the year) receiv-
ing $18,395,489.
There was a considerable range in
the employment of wage earners, the
bureau reported. In January, 1933,
9.592 were employed; the low point
was reached in May with 7,880 at
work, the high point in September
with 13,734.
Midwest Picking Up,
Declares Wolf berg
(Continued from page 1)
under his supervision, stated yester-
day upon his arrival in New York.
He adds theatre receipts are improv-
ing and the film business is showing
results.
He plans to leave for his head-
quarters early next week.
Receipts in W. Va.
$3,158,000 in 1933
(Continued from paae 1)
payroll of $61,000, the U. S. Census
Bureau reported today.
Charleston had eight theatres with
a take of $342,000 and payrolls of
$85,000, and Huntington had eight
which took in $342,000 and had a pav-
toll of $58,000.
Thursday, October 4, 1934
MOTION PICTURE
DAILY
Katz Studio
Aide, Mannix
Stays — Mayer
{Continued from page 1)
cide when he will leave for Holly-
wood to assume his new duties. May-
er indicated that Katz may accom-
pany him when he leaves in two or
three days.
Mayer stated he had made no plans
on production in England as his trip
was in the nature of an exploration.
He added he will confer today and
tomorrow with Schenck and J. Rob-
ert Rubin on the English situation
and later with Arthur Loew. Mayer
signed several Viennese songwriters
and foreign players, but did not have
a list available when interviewed. He
said some of them are on the way
over now.
Discussing foreign production, the
M-G-M production head asserted
England is coming out of the de-
pression beautifully. He added the
British are striving hard to command
world attention in production and are
coming along, particularly Alexander
Korda. He said :
"We have never closed our doors
to foreign pictures, and the better
they make them, the better we like
them."
Mayer denied published reports he
would enter the California guberna-
torial campaign against Upton Sin-
clair.
Wife Remains Aboard
Because of the condition of his
wife, Mayer was compelled to leave
her aboard the Paris overnight. She
will be moved to his hotel this morn-
ing and probably leave for her coast
home today, accompanied by Howard
Strickling, studio publicity head, who
returned with the Mayers.
Phil Reisman, head of RKO's for-
eign activities, also returned on the
same boat after two months abroad.
He said his company planned five
offices in Spain. He opened the Bar-
celona office which is in charge of
Robert Trillo. Other branches will
be in Valencia, Madrid. Bilboa and
Seville. Within the near future. RKO
will open its own exchanges in Italy
and France.
Outside of quota pictures now be-
ing made, RKO does not intend to
produce abroad. Reisman said in
England all of the company's pic-
tures are shown while in other coun-
tries the amount varies from 35 to
40 a year.
Constance Bennett returned on the
Paris with her husband. Marquis
Henri de la Falaise de Coudraye. who
is ill with malaria as a result of
spending six months in Indo-China.
The Marquis made a Technicolor
picture which is being sponsored by
Bennett Pictures Corp. He recently
made "Dance of the Virgins" in Bali,
for which a deal was practically
closed by Miss Bennett abroad with
a major company.
When interviewed by Motion Pic-
ture Daily, Miss Bennett would not
reveal the company because contracts
have not yet been signed. She was
met at the pier by her business man-
ager, J. S. Rex Cole. Cole and
Miss Bennett leave for the coast by
plane todav. The Marquis will take
a train. She has five more pictures
MOTION PICTURE DAILY*
HOLLYWOOD PREVIEW
"What Every Woman Knows"
(M-G-M)
Hollywood, Oct. 3. — This production is excellent entertainment, with
the entire cast and contributors rating lusty cheers. Writers Monckton
Hoffe, John Meehan and James K. McGuinness adapted the Sir James
Barrie play, preserving all its whimsical and delightful humor. Gregory
LaCava directed in an inspired mood.
The story concerns the Scotch family of Wylie. David Torrence is
the father, Dudley Digges and Donald Crisp the brothers, and Helen
Hayes the sister who is always jilted by prospective husbands. In order
to cinch a marriage for her Conspirators Torrence, Crisp and Digges
lend a student (Brian Aherne) money to complete his studies if he will
oblige Miss Hayes at the altar. Through his wife's efforts Aherne wins
a seat in Parliament and falls for doll-faced Madge Evans. Miss Hayes
employs her wit to advantage and brings Aherne home.
The balance of the cast, in fast company, registered as outstanding in
their respective roles. Miss Hayes lives up to her past laurels. Crisp
and Torrence are hilarious, Miss Evans impressive, and Lucille Watson,
as Miss Evans' aunt, contributes fine humor. The surprise of the pic-
ture is Aherne, whose performance would have overshadowed a less
capable cast. There is fine photography by Charles Rosher.
This picture should be box-office in any spot.
No production code seal. Running time, 95 minutes.
"Peck's Bad Boy," tonight's preview at the Roxy, was reviewed by wire
from Hollywood on Aug. 28.
"Wagon Wheels," last night's preview at the Mayjair, was reviewed by wire
from Hollywood on Sept. 5.
"A Lost Lady," last night's preview at the Strand, was reviewed by wire
from Hollywood on Aug. 27
to make for 20th Century, one on
the first year's contract and four on
her second.
Benita Hume, Gaumont British star,
stated she came here for the purpose
of attending the opening of "Power"
today at the Music Hall. She said
she may do a play or may go to
Hollywood to work in a picture.
Other arrivals on the same boat
were Leon Garganoff, head of Liano-
film, Paris, and Edward V. Darling,
theatre producer.
Schenck, Rubin, Dr. A. H. Gian-
nini, C C. Moskowitz and M-G-M
home office representatives were at
the dock to meet the Mayer party.
Cohn Can't Come East
Hollywood, Oct. 3. — Harry Cohn
will be prevented by production activ-
ity from attending the Columbia
stockholders' meeting in New York
Oct. 9, it was learned todav.
Talks on Operator Scale
Dr. Leon Greenfield, a member of
the I.T.O.A. labor committee, yester-
day discussed the operator situation
at a meeting of the organization.
Marilyn Miller Bride
Marilyn Miller's marriage to
Chester O'Brien, a dancer, at Har-
rison, N. Y., on Monday, was brought
to light yesterday.
To Start Saenger House
Houma, La., Oct. 3. — The erection
of the People's Theatre, new Saenger
house, will begin within the next 30
days.
Durante for "Carnival"
Hollywood, Oct. 3. — Jimmy Du-
rante has been signed by Columbia
for a featured role in "Carnival."
Seek Dismissal of
Fox Theatres Case
{Continued from page 1)
Michel, Fox Film treasurer ; Milton
C. Weisman, receiver for Fox Thea-
tres ; the entire bookkeeping staff of
Fox Theatres, and individual credi-
tors of the company who have joined
in the petition for reorganization.
These include Miriam Rogers of Bos-
ton, alleged by Fox Met creditors'
counsel to be a sister-in-law of Blum-
enthal and to have had assigned to her
the latter's claim against Fox Thea-
tres ; the Elliott-Fisher Co., Columbia
Pictures Corp. and other creditors of
Fox Theatres.
All those subpoenaed, it was said,
will be examined in an effort to sup-
port the Fox Met creditors' allega-
tion that the petition for reorganiza-
tion of Fox Theatres was instituted
with the sole aim of realizing on the
company's ownership of the common
stock of Fox Met. Creditors of the
latter company point out that no move
to liquidate or reorganize Fox Thea-
tres was made prior to the reorgani-
zation efforts of Fox Met. There are
approximately $34,000,000 of claims
outstanding against Fox Theatres.
Judge Manton postponed the hear-
ing scheduled for today on the Fox
Theatres' reorganization petition un-
til Tuesdav.
Loew Dividend Declared
Loew's Inc., yesterday declared a
regular quarterly dividend of %\.62V2
per share on the preferred stock. The
dividend is payable Nov. 20 to stock-
holders of record Oct. 31.
"Widow" to Open Oct. 11
"The Merry Widow" is set to open
at the Astor Oct. 11 as a two-a-dav.
< Purely
Personal ►
ROWLAND V. LEE has post-
poned his trip to Europe to super-
vise the cutting of "Gambling," which
he finished recently at the Eastern
Service Studios.
George Auerbach's "My Brother's
Wife" has been purchased by M-G-M
as a co-starring vehicle for Clark
Gable and Jean Harlow.
Pete Smith is treasuring four
pearls Jack J. Milstein, M-G-M
Los Angeles branch manager, found
in his oysters yesterday.
H. S. Kraft and Samuel Ornitz
have sold "Frisco Fury" to Columbia
as a possible starring vehicle for
Jack Holt.
Merritt Hulburd, head of the
Paramount Hollywood story depart-
ment, came into town yesterday.
C. C. Pettijohn returned yester-
day from a three weeks' trip to Holly-
wood and other western stops.
Milton Arthur, brother of Harry
C, and his wife sail for Los Angeles
Saturday on the Virginia.
Charles Blum, recently with Al-
lied of New Jersey, has joined
Streimer Ad. Service.
Marguerite Roberts' story, "Born
With Wings," has been purchased by
Paramount.
Thomas Meighan left for Detroit
yesterday to attend the World's Series.
Lee Ochs is back from a European
jaunt.
Tom Wiley celebrated another
birthday yesterday.
Balaban Is Allowed
To File Para, Claim
{Continued from page 1)
claim, it is understood, will amount
to approximately $60,000. Balaban's
petition for leave to file the claim was
not opposed by counsel for the Para-
mount Publix trustees.
Judge Coxe also extended the time
for filing of individual bondholders'
claims against Paramount Publix to
Dec. 1. Claims filed during that time,
however, will not increase the total
of claims filed against Paramount, as
Chase National Bank, trustee under
the issues, has filed a claim for the
total amount of the bonds. This is
included in the $154,000,000 total,
which represents all claims filed
against Paramount from the time of
the bankruptcy to Sept. 15. Also in-
cluded is the Paramount Broadway
claim which has been reduced from
an original $178,000,000 to $44,000,000.
The latter figure will be wiped off
with approval of the pending Para-
mount Broadway reorganization plan
by creditors and the Federal court.
Para. List to Randforce
Paramount has sold all its product
to Randforce circuit with 49 theatres
in Brooklyn, Henry Randel closed the
deal for the distributor while Sam
Rinzler and Louis Frisch signed for
the circuit.
Lester F. Martin Here
Lester F. Martin, mid-west exhib-
itor leader, is in New York on the
code.
4 TREMENDOUS SUCCESSOR
TO "LADY FOR A DAY" 1 1
and adds
A PICTURE THAT IS JUST PLAIN,
ORDINARY SWELL! GIVE
YOURSELF A TREAT BY PLAY-
ING THIS UP BIG!
• • •
THIS IS MONEY IN THE BANK...
THE PICTURE IS A TRIUMPH
AND COMBINES SOCK DRAMA,
STIRRING COMEDY AND
UNIQUE ROMANCE. ANOTHER
GEM IN COLUMBIA'S DIADEM.
A WORTHY SUCCESSOR TO
"LADY FOR A DAY".
— Motion Picture Daily.
• • •
AS A BOX OFFICE ATTRACTION
IT LOOKS LIKE A RUNNER-UP
ON "LADY FOR A DAY" . . .
SHOOTS STRAIGHT AT THE
AUDIENCE HEART WITH EMO-
TIONAL WALLOP. PICTURE
HAS EVERYTHING IT TAKES FOR
POPULAR APPEAL.
• —Variety
LADY BY CHOICE
with Carole LOMBARD-May ROBSON
Roger Pryor— Walter Connolly
Story by Dwight Taylor — Screen Play by Jo Swerling
Directed by David Burton
A COLUMBIA PICTURE
The Leading
RaUy
Ml
Motio
Picture
Industry
MOTION PICTURE
DAILY
Alert,
Intelligent
Service '%W
the Industry
in All
Branches
VOL. 36. NO. 81
NEW YORK, FRIDAY, OCTOBER 5. 1934
TEN CENTS
Bernerd Says
BIP-Gaumont
Deal Is Off
General Manager States
He Has Cabled Word
Negotiations for the purchase of
Gaumont British stock by British
International Pictures have been
called off, Jeffrey Bernerd, general
manager of G-B, stated yesterday.
He said official word to this effect
was sent to him by cable yesterday.
In a talk before Ampa members
yesterday Bernerd thanked the press
for the reception given his company's
product. He added that the more
success Gaumont British has here,
the more successful will be American
pictures in England.
"Times have changed," he stated,
"and pictures produced in England
are now measuring up to the standard
of every country in the world."
He believes the American public
{Continued on page 7)
Says Columbia Not
To Produce Abroad
Columbia does not intend to pro-
duce on its own in England,, Joseph
Seidelman, head of the company's
foreign department, stated yesterday
upon his arrival from a four months'
trip in Europe.
He stated deals have been closed
with independent producers to turn out
10 quota pictures for the company.
No changes have been made in any
{Continued on page 18)
Balcon, Lee Start
On Tour Next Week
Michael Balcon, production head for
Gaumont British, and Arthur Lee
leave next week on a tour of eastern
{Continued on page 7)
Driver Wanted
New Orleans, Oct. 4.— The
resident manager of the
Tudor is advertising in the
classified columns of the
daily newspapers for "a man
who is thoroughly competent
to drive a Roman chariot;
must be experienced."
Friends say he should visit
a spiritualist medium and
reincarnate Marc Antony.
Fox West Coast Assets Sale
Set for Los Angeles Nov. 1
Sale of Fox West Coast assets at foreclosure as the initial
step in the company's reorganization will take place in Los An-
geles about Nov. 1, it was indicated here yesterday by eastern
factors in the F. W. C. reorganization.
Fox Film and Chase National Bank, the two principal F. W. C.
creditors, will bid in the assets in an exchange for their claims
against F. W. C. through a new company organized for the pur-
pose. Complete reorganization of F. W. C. with Sidney R. Kent
heading the new company, is expected to be accomplished within
a few weeks after the foreclosure sale.
Form National
Body to Make
Family Films
Organization of the M. P. Foun-
dation of the U.S.A. as a non-
profit agency for the production and
sale of "family type" films, which
has been in process for the past sev-
eral months, was completed yesterday,
according to a statement issued by Dr.
William B. Millar, secretary of the
foundation and former general secre-
tary of the Greater N. Y. Federation
of Churches.
The directors and members of ad-
ministrative committees of the foun-
dation are prominent educators, busi-
(Continued on page 8)
Schwartz Loses Suit
Against "U" Circuit
Richmond, Oct. 4. — The U. S. Cir-
cuit Court of Appeals here has decided
against Nathan Schwartz, suing as
Wilkay Holding Corp., in his fight
to recover $79,328.92 from Universal
Chain Theatres Corp., for an alleged
breach of contract. The suit was di-
rected against Robert L. Randolph,
receiver of the circuit.
The case was an appeal from an
order of the U. S. District Court of
Maryland.
GFTA Charters Unit
To Control Theatres
Atlanta, Oct. 4. — Independent
Theatres' Investment Corp., a $25,000
organization, has been formed to ac-
quire by lease or purchase theatre
properties in the southeast. It will be
an auxiliary of the G.F.T.A. Indepen-
dent Theatres' Ass'n. N. H. Waters
of Birmingham, was elected president,
with Willis Davis of Atlanta, secre-
tary and treasurer. Vice-presidents
{Continued on page 7)
Last Minute
Changes End
Film Dispute
The Loew-RKO product situation
in Greater New York was finally
settled yesterday after weeks of ne-
gotiations between heads of the two
circuits and Fox, Columbia and Uni-
versal.
In a last minute switch, RKO
stepped out of the deal with Colum-
bia when it was impossible to agree
on terms demanded by the distribu-
tor. As a result, Loew's will con-
tinue to have the complete Colum-
bia output while RKO gets all of
Universal's pictures. Columbia, it is
(Continued on page 8)
Denver Council Acts
To Allow Giveaways
Denver, Oct. 4. — The City Council
has removed the city ban on giveaways
in theatres.
If the Mayor signs the bill, court
action is looked for to determine
whether the code can interfere with a
business carried on wholly within a
state.
The giveaways were knocked out,
with the exception of the Huffman
auto giveaways, by the local grievance
(Continued on page 18)
A. /. Callaghan Dies
In Hollywood at 45
Hollywood, Oct. 4. — Andrew J.
Callaghan, vice-president of Techni-
color, died here today at the Queen
of Angels Hospital following an ab-
dominal operation. He was in his
46th year. Although ill for several
months, Callaghan refused to give up
his work until two weeks ago.
Surviving are a widow ; a son, An-
drew, Jr. ; a daughter, Frances, all of
{Continued on page 7)
Code Revision
Is Looked for
By Kuykendall
"Certain Interests" Not
Keeping Faith
Declaring that "certain interests"
involved in the writing of the code
are not keeping faith, Ed Kuykendall,
president of the M. P. T. O. A., sees
a reopening of the entire code within
the near future.
He says this will be necessary un-
less these interests have the foresight
to accept and realize what is coming
about and play fair.
Kuykendall, without mentioning
names, charges certain parties are
using every method to evade various
issues that were accepted by them in
Washington.
"I cannot help but believe it will be
necessary to reopen the entire code
unless these interests swing along with
the rest of the boys and play a fair
game," he asserted.
Third Hearing Set
On L. A. Schedules
Due to the complexity of the coast
situation, a third hearing on the Los
Angeles clearance and zoning sched-
ule will be held today at Campi
headquarters. During the last two
days, Ed Kuykendall, E. T, (Peck)
Gomersall and Harry Shiftman have
(Continued on page 18)
Code Probe by U. S.
Asked by Wis. Allied
Milwaukee, Oct. 4. — Resolutions
demanding a Congressional investiga-
tion of the code and revision of the
copyright laws were adopted at to-
day's session of the Wisconsin Al-
lied convention. The resolutions were
{Continued on page 18)
Returns a La Mode
Some baseball fans like
their radio returns in de
luxe surroundings. Hun-
dreds of them paid from 40
to 60 cents to get into the
Mnsic Hall yesterday and sit
in the chaste modernistic
surroundings of the big
lounge downstairs to get the
World's Series returns.
MOTION PICTURE
DAILY
Friday, October 5, 1934
MOTION PICTURE
DAILY
(Registered U. S. Patent Office)
Vol. 36
October 5, 1934
No. 81
m
Martin Quiglev
Editor-in-Chief and Publisher
MAURICE KANN
Editor
JAMES A. CRON
Advertising Manager
Published daily except Sunday and holi-
days by Motion Picture Daily, Inc., sub-
sidiary of Quigley Publications, Inc.,
Martin Quigley, President; Colvin Brown,
Vice-President and Treasurer.
Publication Office: 1790 Broadway, New
York. Telephone Circle 7-3100. Cable ad-
dress "Quigpubco, New York." All con-
tents copyrighted 1934 by Motion Picture
Daily, Inc. Address all correspondence to
the New York Office. Other Quigley pub-
lications: MOTION PICTURE HERALD,
BETTER THEATRES, THE MOTION
PICTURE ALMANAC and THE CHI-
CAGOAN.
Hollywood Bureau: Postal Union Life
Building, Vine and Yucca Streets, Victor
M. Shapiro, Manager; Chicago Bureau: 407
South Dearborn Street, Edwin S. Clif-
ford, Manager; London Bureau: Remo
House, 310 Regent St., London, W. 1,
Bruce Allan, Representative. Cable address:
"Quigpubco, London"; Berlin Bureau:
Berlin-Tempelhof, Kaiserin-Augustastrasse
28, Joachim K. Rutenbcrg, Representative;
Paris Bureau: 19, Rue de la Cour-des-
Noues, Pierre Autre, Representative; Rome
Bureau: Viale Gorizia, Vittorio Malpassuti,
Representative; Sydney Bureau: 102 Sus-
sex Street, Cliff Holt, Representative; Mex-
ico City Bureau: Apartado 269, James
Lockhart, Representative; Glasgow Bureau:
86 Dundrennan Road, G. Holmes, Repre-
sentative; Budapest Bureau: 3, Kaplar-u,
Budapest, II, Endre Hevesi, Representa-
tive; Moscow Bureau: Civtzev Vrazhek, N.
25, Apart. 146, Moscow, U. S. S. R., Bella
Kashm, Representative. Cable address:
Samrod, Moscow.
Entered as second class matter, January
4, 1926, at the Post Office at New York
City, N. Y., under Act of March 3, 1879.
Subscription rates per year; $6 in the
Americas, except Canada $15 and foreign
$12. Single copies: 10 cents.
Mayer, Katz Leave
For the West Coast
Following conferences with Nich-
olas M. Schenck, Louis B. Mayer, his
wife, and Sam Katz left for Holly-
wood yesterday. Howard Strickling,
studio publicity head, leaves today.
J. Robert Rubin denies reports that
Katz will become a producer, adding
that Katz's post will be as studio aide.
/V. Y. Musicians Ask Aid
Donald R. Richberg, executive direc-
tor of the National Recovery Council,
has been appealed to by Attilio Mar-
chetti, orchestra conductor, for aid
for 3,000 New York musicians in finan-
cial straits. These men are repre-
sented as having appealed in vain to
existing relief organizations. The
charge that 800 persons are monopoliz-
ing musicians' unemployment relief is
contained in a petition signed by
members of Local 802, which has
been forwarded to Richberg.
M-G-M Signs Kern
Hollywood, Oct. 4. — M-G-M has
signed a contract with Jerome Kern,
the composer, whereby he will write
the score for several productions to
be made on this season's schedule.
Think Sparks Best
Hollywood, Oct. 4— The student
bodies of both Oxford and Cambridge
have elected Ned Sparks as Holly-
wood's best actor on the screen.
WhatN. Y. Critics Think
'Our Daily Bread"
American — ***pleasing program enter-
ment***carries both drama and comedy, in
addition to the ever-essential element of
romance, and it is directed in sincere and
simple style by King Vidor***
Brooklyn Daily Eagle — ***a picture
which deserves to be added to the
list of Vidor's outstanding directorial
achievements***
Daily Mirror — King Vidor has made a
distinguished and exciting picture in "Our
Daily Bread," a fitting companion to his
memorable "The Crowd"*** is a thoughtful,
impressive and exciting film.
Daily News — King Vidor has made an ex-
citing and absorbing movie based on an idea
of his own which is not startlingly original
and which is presented in an interesting and
dramatic manner. ***The direction is sim-
ple but impressive, and Vidor seems to
have inspired his actors with his own
faith in his idea.
Evening Journal — ***King Vidor has
filmed a timely., thoughtful and thoroughly
engrossing drama.***Entirely independent
of manufactured plot situations, the pic-
ture has excitement, humor, tragedy and
suspense.***
Sun — It was a picture that cried out to
be made, and King Vidor has made it
with a fervor that swings the picture along,
bad acting and all, to as stirring a climax
as the screen can boast this season.***
Times — ***a brilliant declaration of faith
in the importance of the cinema as a so-
cial instrument. In richness of conception
alone, Mr. Vidor's attempt to dramatize
the history of a subsistence farm for
hungry and desperate men from the cities
of America would deserve the attention
and encouragement of intelligent film-go-
ers. But "Our Daily Bread" is much
more than an idea. Standing in the first
rank of American film directors, Mr. Vi-
dor has brought the full power of a fine
technique and imagination to his theme.
"Our Daily Bread" dips into profound
and basic problems of our everyday life
for its drama, and it emerges as a social
document of arnazing vitality and emo-
tional impact.
W orld- Telegram — ***A fervid and dra-
matic plea for employment, which throws
into glaring relief economic conditions as
they exist today, "Our Daily Bread" i;
a bitter, wrathy and powerful film — :
film full of truths, full of fight, a cour
ageous and necessary film.
Disney Wins Mickey Suit
Chicago, Oct. 4. — A writ prohibit-
ing the use of "Mickey Mouse" as a
trademark for animal crackers was
issued here yesterday by Federal
Judge John P. Barnes. The restrain-
ing order had been asked by Walt
Disney against the U. S. Biscuit Co.
of America and two subsidiaries, the
Sawyer Biscuit Co. and the Chicago
Carton Co. Disney contended the de-
fendants' use of "Mickey Mouse" as
a trademark violated his copyright on
the cartoon character.
Ramsaye in N. Y. U. Talk
Terry Ramsaye, editor of Motion
Picture Herald, spoke last night at
New York University on the history
of motion pictures. His address was
one of a series of lectures on the
screen being given at the university
by persons prominent in the indus-
try.
Lesser Party in London
London, Oct. 4. — Sol Lesser, Eddie
Cline and George O'Brien arrive at
Plymouth tomorrow on the lie de
France. Exteriors for "The Cowboy
Millionaire" will be made here during
the 10-day stay.
Hits Episcopal Film
Mount Vernon, N. Y., Oct. 4. —
Likelihood of a fight over the film
depicting the history of the Epis-
copal Church in America, set for its
initial performance at Atlantic City
next Wednesday, developed here yes-
terday. Rev. W. Harold Weigle, rec-
tor of St. Paul's Church in East
Chester, threatens to attack the film
before the tri-ennial general conven-
tion of the Protestant Episcopal
Church of the United States if no
reference to his church is contained
in it. The minister asserts St. Paul's
has played an important part in the
history of the Episcopal Church in
this country.
Warners Use 450 Extras
Hollywood, Oct. 4. — Warners took
the lead Tuesday for the greatest num-
ber of extras on the payroll having
450 people in makeup for the six pic-
tures now in work. The Mervyn
LeRoy musical, "Sweet Adeline," used
200 extras.
Hold "Ranger" Again
"The Dude Ranger" is being held a
third week at the Criterion.
Net
High
Low
Close
Change
Sales
36y2
3454
34^
- *4
500
354
3
354
+ 54
200
1354
13*4
13*4
300
99
99
99
- 54
800
1154
1154
- 54
400
28*4
2754
91*4
285i
+ a
5.200
91M
91*4
+ 54
100
4*4
4*4
454
6,000
1*4
154
154
2,500
5
4*4
454
1,000
5
494
4M
-54
1,000
Columbia Off % on Big Board
Columbia Pictures, vtc
Consolidated Film Industries
Consolidated Film Industries, pfd
Eastman Kodak
Fox Film "A"
Loew's, Inc
Loew's, Inc., pfd ,
Paramount Publix, cts
Pathe Exchange
Pathe Exchange "A"
Warner Bros 5
Technicolor Declines Vs on Curb
Net
High Low Close Change
Technicolor 11*4 11*4 11*4 — Vt,
Trans Lux 1*4 1*4 1*4
Many Bond Issues Take Losses
Net
High Low Close Change
General Theatre Equipment 6s '40 654 654 654 — 54
Keith B. F. 6s '46 62*4 62*4 62*4 +54
Paramount Broadway 554s '51 41 40 41 +1
Paramount F. L. 6s '47 61 60 60 — 54
Paramount Publix 554s '50 61 60 60 —1
RKO 6s '41, pp 31 31 31 — 54
Warner Bros. 6s '39. wd 60 59*4 60 — 54
Sales
300
100
Sales
1
2
6
17
9
1
10
i Purely
Personal ►
JOE BRANDT is going in for cut-
outs. Meaning, he is wearing a
swell pair of tan kicks with a neat hole
chiseled out of one of them. That
was to take care of an infected toe
which is now practically new again.
Benita Hume says she will appear
in a play before returning to Eng-
land. She doesn't want to make
a picture on the coast, declaring
she has four offers to do a play
here.
Dan Carroll of Sydney, Australia,
owner of theatres in the Common-
wealth which are associated with
Paramount, is in town on a business
and vacation trip.
Herman Stern, head of Univer-
sale non-theatrical activities, is get-
ting over an attack of ptomaine poi-
soning. He expects to be back at his
desk on Monday.
Leon Schlesinger flies east tomor-
row with the first print of "Those
Beautiful Dames," the first of the new
"Merrie Melodie" cartoons in color.
Theodore Deitrich is back in his
office at Hearst Metrotone News, but
his long pneumonia siege has left him
shaky. Says he is getting along now.
Jeanette MacDonald, now here on
a vacation, will sing several numbers
from "The Merry Widow" Monday
night over the Columbia network.
Douglas McLean, Paramount as-
sociate producer, is in town to confer
with Maxwell Anderson, who is
adapting "So Red the Rose."
Harry Edington and Mrs. Eding-
ton (Barbara Kent) arrived in town
yesterday from the coast. They are
Europe bound.
Joe Penner is due in town today
from the coast. He has just finished
work in Paramount' s "College
Rhythm."
Norman Moray is back at his desk
after a trip to Indianapolis, Detroit,
Toronto and Washington.
Tito Guizar and Armida finish
work on a Vitaphone short in the
Brooklyn plant today.
James Hilton has sold the screen
rights of his novel, "Rage of
Heaven," to M-G-M.
William Seiter and Marion
Nixon are in town on a belated
honeymoon.
Mark Ostrer was down with a
cold yesterday and unable to attend
to business.
Fred Gresac has sold his story,
"Song of the Damned," to Columbia.
Young Finishes Oct. 6
Hollywood, Oct. 4. — Felix Young's
contract with Columbia as an asso-
ciate producer expires Oct. 6 and he
plans to leave immediately for New
York for a short vacation. He is
scheduled to report to Radio the first
of next month as an associate pro-
ducer.
'Divorcee'* Date Shifted
The trade showing of "The Gay
Divorcee" which was originally
scheduled for this morning at the
Astor has been postponed until Oct. 9.
Look forward
0 C T 0
NOVEMBE
p e/e irVi R
Already this season, FOX has given/you sijch hits as "The
Cat's Paw'\.." Servants' E^ranc^./fJu5%e Priest." For the
coming three months FOX is/producing hits just as great...
and more of mem! i^alyze/che nejv pictures on the following
pages. Compare^ them/with other offerings. And prepare
make next/quarters business an even greater pleasure . . .
se FOX Pictures
Your
eature Program
for
OCTOBER
JACKIE
COOPER
in
PECK'S
BAD BOY
with
Thomas Meighan
Jackie Searl O. P. Heggie
Dorothy Peterson
A Sol Lesser Production
Directed by Edward F. Cline
An Erik Charell
Production
CARAVAN
with
CHARLES BOYER
LORETTA YOUNG
JEAN PARKER
Phillips Holmes
Louise Fazenda
Eugene Pallette
C. Aubrey Smith
Charley Grapewin
Noah Beery
Executive Producer, Robert T. Kane
Directed by Erik Charell
MARIE
GALANTE
with
SPENCER TRACY
KETTI GALLIAN
Ned Sparks, Helen Morgan, Siegfried
Rumann, Leslie Fenton, Arthur Byron,
Jay C. Flippen and Stepin Fetchit
Produced by Winfieid Sheehan
Directed by Henry King
America's First Actor
GEORGE M.
COHAN
in
GAMBLING
ll
with
Wynne Gibson Dorothy Burgess
A Harold B. Franklin Production
Directed by Rowland V. Lee
MUSIC IN
THE AIR
Music by Jerome Kern
Lyric and libretto by Oscar Hammer stein , 2nd
with
GLORIA
SWANSON
and JOHN BOLES
DOUGLASS MONTGOMERY
JUNE LANG
Al Shean, Reginald Owen, Joseph Cawthorn
An Erich Pommer Production
Directed by Joe May
Your
Feature Progra
for
NOVEMBE
3*$
>o/
Jo
?e//
1%
24 HOURS
A DAY
with
CLAIRE TREVOR
GILBERT ROLAND
HERBERT MUNDIN
A Sol M.Wurtzel Production
Directed by Hamilton MacFadden
9a
'O,
WARNER
BAXTER
in
HELL IN THE
HEAVENS
with
CONCHITA MONTENEGRO
RUSSELL HARDIE
Herbert Mundin Andy Devine
Ralph Morgan
Produced byAl Rockett
Directed by John Blystone
LOTTERY LOVER
starring
LEW AYRES
"PAT" PATERSON
Peggy Fears Ned Sparks
An Al Rockett Production
Directed by William Thiele
THE FIRST
WORLD WAR
Secret Films from Nations' Archives
Edited by LAURENCE STALLINGS
Produced by
Truman Talley
Your
eature Program
for
DECEMBER
SHIRLEY
TEMPLE
BRIGHT EYES
JAMES DUNN
A Sol M.Wurtzel Production
Directed by David Butler
THE WHITE
PARADE
nth
LORETTA YOUNG
JOHN BOLES
Muriel Kirkland Dorothy Wilson
Joyce Compton Astrid Allwyn
Polly Ann Young
A Jesse L. Lasky Production
Directed by Irving Cummings
Harold Bell Wright's
WHEN A
MAN'S A MAN
starring
GEORGE O'BRIEN
Produced by Sol Lesser
Directed by Edward F. Cline
Again FOX
takes the prizes
for a line-up
solid with
HELLDORADO successes!
Richard Arlen
Ralph Bellamy
Henry B. Walthall
and Stepin Fetchit
A Jesse L. Lasky Production
Directed by James Cruze
Friday, October 5, 1934
MOTION PICTURE
DAILY
7
BIP Deal with Gaumont
Is Off, Asserts Bernerd
Lightman Fails to
Agree with Unions
Memphis, Oct. 4. — Efforts of M.
A. Lightman to reach an agreement
with union labor have jailed, with the
operators' and stagehands' unions
splitting over whether Lightman's
Strand must have a stagehand, the
outcome being no work at the house
for any union men.
After exactly a year of non-union
operation, during all of which the
house has been picketed with an oc-
casional stench bombing early in the
proceedings, Lightman finally reached
an agreement with the operators at
the time the Strand completed remod-
eling and was reopened late in August.
But Lightman balked when the
stagehands' union demanded that he
employ a stagehand as well.
The stagehands insisted union oper-
ators would not go into the Strand
without one of their number. The
operators were forced to yield, but
were so disgusted over losing the
chance at four new jobs that they re-
fused to finance any further picketing.
Stage Shows Spread
In Wisconsin Spots
Milwaukee, Oct. 4. — An increasing
number of local theatres are spotting
stage attractions here. A weekly stage
show policy for neighborhood houses
has been inaugurated by Saxe Amuse-
ment Management. Inc. The houses
are the Uptown, on Mondays and
Tuesdays ; Garfield, on Wednesdays
and Thursdays, and Modjeska, Fri-
days and Saturdays.
Jack Silliman has booked the Bad-
ger State barn dance for Sundays
only for his Avalon for a period of
weeks. Stage attractions are also be-
ing spotted by Saxe in several state
houses as well as by other exhibitors
in Green Bay, Madison, Kenosha and
Fond du Lac.
Wanger Signs Fonda
Hollywood, Oct. 4. — Walter Wan-
ger has given a long-term ticket to
Henry Fonda, New York stage actor,
who will report to the coast after
completing the play, "Rome Hall."
This signature brings the Wanger
contract roster to three. He had pre-
viously signed Charles Boyer and
Peggy Conklin.
Sherman Going to Radio
Hollywood, Oct. 4. — Lowell Sher-
man moves to Radio to direct Jock
Whitney's color feature, "Becky
Sharpe," following the windup on
"Night Life of the Gods," now in
work at Universal. The cast to date
is Miriam Hopkins in the title role
and Nigel Bruce.
To Roof Last Airdrome
Tampa, Oct. 4. — The last airdrome
in Florida is on the verge of roofing
because of the coming uncertain
weather, according to Manager B.
Rask, and plans are being made to
spread a canvas top over the enclos-
ure.
Charter 86th St. Theatre
Albany, Oct. 4. — The 86th St.
Casino Theatres, Inc., has been char-
tered with capital of 150 shares of no
par value. Joseph Scheinman, Albert
Schieber and Harry Sacher are di-
rectors and subscribers.
(Continued from page 1)
will give G-B the same reception as
British audiences are giving Ameri-
can pictures.
"We are struggling to improve the
quality of our product and in the
course of time we hope our stars will
be as popular with the public here
as American players are with Eng-
lish audiences."
He ended his speech by declaring
that theatre owners here are showing
Gaumont British product and that
there is every indication they will
continue to sign contracts for the 16
films being released this season.
Gaumont British Day
Draws Ampa Crowd
Gaumont British invaded the Ampa
yesterday, introducing a number of its
stars, directors and personnel to mem-
bers of the organization.
Introduced were Jeffrey Bernerd,
Arthur Lee, Nova Pilbeam, Benita
Hume, Jack Hulbert, Berthold Vier-
tel, Robert Flaherty, Michael Balcon,
Tiger King and Michael Delane.
Martin Quigley acted as guest chair-
man.
In addition to the Gaumont British
personalities, the following were in-
troduced : J. J. McCarthy, Lester
Thompson, Walter Moore, Paula
Gould, Ribert Appleby, Dave Gould,
William Gargan, J. H. HofFberg and
Douglas Churchill. Churchill is Hol-
lywood correspondent for the New
York Times and Appelby is president
of the British Empire Chamber of
Commerce.
Entertainment was provided by Gus
Edwards, Tony Marconi, Eddie Pea-
body, Harry Hershfield, and Bernard
and Henry. About 200 attended.
Balcon, Lee Start
On Tour Next Week
(Continued from facie 1)
cities, where they will visit theatres
to get audience reaction on pictures.
Cities to be visited will be Philadel-
phia, Buffalo and Chicago, in addi-
tion to a number of Greater New
York houses.
George Weeks, general sales man-
ager, arrives in Chicago today and
returns on Sunday.
Jack Hulbert plans to sail for Lon-
don on Oct. 12 to make two more
pictures for G-B, following which he
will return for another vacation.
Van Schmus Is Host
At Music Hall Party
W. G. Van Schmus, managing direc-
tor of the Music Hall, was host at a
dinner before the 9:15 showing of
"Power," Gaumont British feature,
last night, and also at a party in the
executive offices which followed.
Among the guests at the dinner
were Sir Gerald Campbell, British
consul general, and Lady Campbell ;
Mr. and Mrs. Merlin H. Aylesworth,
Mr. and Mrs. Mark Ostrer, Jeffrey
Bernerd, and Jack Hulbert and
Benita Hume, Gaumont British stars.
At the reception which followed the
picture were representatives of the
trade and daily press. Among those
present were : Princess Kuropatkin,
He'll Be There
Hollywood, Oct. 4. —
Anxious about Will Rogers'
return from his world tour,
Fox wired the humorist in
New York for the comeback
date.
Rogers wired back: "Don't
worry. Will be home when
I said I would. Going to ball
game."
Martin J. Quigley and the following
consuls general : Renzo Sawada,
Japan ; Commendatore Antonio Gros-
sardi, Italy ; Leonid Tolonkonski,
Russia ; Dr. J. Starch, Czecho-Slo-
vakia ; Rols Christensen, Norway,
and Nicholas G. Tserekis, Greece.
GFTA Charters Unit
To Control Theatres
(Continued from page 1)
are F. M. Arnall, Newman, Ga. ; John
Cunningham, Miami ; Sam Borisky,
Chattanooga, and M. S. Katz, Mont-
gomery, Ala.
The entire capital stock has been
paid in or pledged. The purpose is to
protect independent operators in Geor-
gia, Alabama, Florida and Tennessee
from encroachment on their territory
by circuits.
It is also said to be the intention of
the new company to invade circuit
theatre localities if the circuits invade
independent territory.
Ridgewood Theatre Wins
Ridgewood, N. J., Oct. 4. — The
Court of Errors and Appeals has up-
held the Ridgewood building commit-
tee's decision to permit Max Goodman
and Frank Gersten, Englewood thea-
tre owners, to renovate the old Play-
house so that films may be shown
here. Warners, operators of the
Warner Brothers Theatre here, ap-
pealed the decision of the building
committee and carried it before the
Supreme Court last fall. After the
Supreme Court had upheld the local
board in the contention that the im-
provements Goodman and Gersten
promised to install would make it fire-
proof, Warners took an appeal to the
Court of Errors and Appeals.
Oppose Madison Licenses
Madison, Wis., Oct. 4. — Action on
a petition to reduce the annual license
fees of theatres has been deferred by
the council license committee to give
theatre managers a hearing. The fee
is based on the seating capacity, but
exhibitors maintain the amount is out
of proportion to the charge made in
other Wisconsin cities. Although the
license year expired July 1, theatres
have not paid the licenses, pending the
outcome of the action before the
council.
Leases Newark, 0., House
Newark, O., Oct. 4. — The new
Arcade, owned by Ralph Dean Spen-
cer, dark for the past four years, has
been leased by Clark Rader, formerly
with Publix, at Marion, O.
The house is being remodeled and
will open about Oct. 15.
Casting Bureau to
Help Aid the Needy
Hollywood, Oct. 4. — In addition to
the new complaint bureau set up so
extras can air their grievances with-
out jeopardizing their standing with
producers, Campbell MacCullough,
new head of the Central Casting Bu-
reau, is installing a social service divi-
sion and has employed Allan Mac-
Donald and Mrs. Ethel Callis to be
in charge. If work cannot be found
for the needy, they will be recom-
mended to various social service
agencies.
A. /. Callaghan Dies
In Hollywood at 45
(Continued from page 1)
whom reside here, and his parents,
who live in Chicago, Callaghan's
birthplace.
Callaghan's passing came as a dis-
tinct blow to Hollywood, of which he
was one of the best-liked residents.
Before joining Technicolor eight
years ago, Callaghan was an independ-
ent producer for six years. Prior to
that he was assistant to George K.
Spoor, then president of Essanay Film
Manufacturing Co.
Fox Collects from
Dinehart on Delay
Hollywood, Oct. 4. — Alan Dine-
hart, who arrived here several days
late 'for the start of his role in Fox's
"Lottery Lover," was forced to kick
back $10,000, which the studio had
advanced him on the deal.
Dinehart was delayed in New York
because of work in a stage play.
Cory Grant in "Wings"
Hollywood, Oct. 4. — Cary Grant
has been definitely set for the top role
in Paramount's "Wings in the Dark,"
formerly titled "Eyes of the Eagle."
Myrna Loy has the lead feminine role
with Roscoe Karns in a featured
comedy role. James Flood will direct.
Vidor Back on Coast
Hollywood, Oct. 4. — King Vidor
has returned to Hollywood from Lon-
don and has gone to work at United
Artists where he will direct "Broken
Soil." The picture goes into produc-
tion Oct. 15 with Anna Sten and
Gary Cooper in the starring roles.
Takes Birmingham House
Birmingham, Oct. 4. — A long lease
on the Jefferson has been obtained by
N. H. Waters, operator of several
suburban theatres, from the Birming-
ham Trust & Savings Bank. Com-
bination stage shows and films are
under consideration.
Kerers Buy Out Davis
Denver, Oct. 4. — George and
Harry Kerer have bought out their
partner, Abel Davis, and will con-
tinue to operate the Capital Film ex-
changes at Denver and Salt Lake
City.
Now "Devil Dogs of Air"
Hollywood, Oct. 4. — A switch of
titles at Warners tags "Devil Dogs of
the Air" as the final release title on
the James Cagney-Pat O'Brien vehicle,
"Flying Marines."
8
MOTION PICTURE
DAILY
Friday, October 5, 1934
Form National
Body to Make
Family Films
(Continued from page 1)
ness men, club and organization offi-
cials, civic and religious leaders. The
initial plans of the organization, as set
forth in Dr. Millar's statement, con-
template production by independent
producers of an indeterminate number
of features and shorts from story ma-
terial approved by a story selection
committee of the foundation. That or-
ganization would finance the produc-
tion activities. A national sales organi-
zation would be established by the foun-
dation, according to its plans, but
physical distribution would be handled
by one of the national distributors.
The release schedule of the founda-
tion would be geared, according to
its plans, to supply exhibitor accounts
with program material for specially
developed "family nights," preferably
every Friday or Saturday, or both,
during the standard 40-week school
year. The organization's plans pro-
vide for the release of a weekly fea-
ture and three to five reels of shorts
during the school year, but no definite
commitment as to the actual number
of pictures which will be released is
made at this time. It is stated, how-
ever, that the first production unit is
expected to be in operation by next
February.
While the foundation states that it
will be maintained financially by "the
gifts and endowments of public-
spirited men and women," it was inti-
Baseball Fever
Hollywood, Oct. 4.— Holly-
wood's craziest bet has been
made between Alexander
Hall and Roscoe Karns. Each
has posted six baseballs. If
the Detroit Tigers win the
World Series, Roscoe may
pitch the balls at the win-
dows of Hall's home. If the
Tigers lose, Hall will do the
pitching at Roscoe's domicile.
mated that a stable source of revenue,
not specifically described, would be
available.
Experienced film men will be iden-
tified with the foundation, the organi-
zation's statement declared, but their
names were not made known yester-
day. It is understood that Joe Brandt,
former Columbia Pictures president,
is among the film men who will be
associated with the enterprise. The
late J. D. Williams, founder of First
National, was also identified with the
foundation up to the time of his death.
The organization's statement em-
phasizes that it is a non-profit agency
and that it will not "go into the busi-
ness of producing pictures." It states
that its principal reason for existence
is the creating of films "of the type
suitable for children as well as for
the entertainment of adults," an ob-
jective which the organization says the
industry itself cannot devote all of its
resources and ingenuity to producing.
Incidental activities of the founda-
tion will be a commercial "sponsor-
ship" service through which local
support will be recruited for films re-
leased by any producer and approved
by the foundation. Another planned
activity will be in the non-theatrical
field, involving the production of in-
structional pictures for visual educa-
tion under federal and state subsidies.
In charge of this work will be a com-
mittee of 25 educators headed by Dr.
William H. Metzler, who has been
associated with Syracuse University
and the N. Y. State College for
Teachers for 37 years.
A partial list of the Foundation
sponsors is : Dr. Endicott Peabody,
headmaster of Groton School, Groton,
Mass. ; Dr. Glenn Frank, president of
the University of Wisconsin; Albert
F. Gilmore, trustee of the Christian
Science Publishing Society, Boston;
Rear Admiral Richmond Pearson
Hobson, U. S. N., retired; Mrs.
Elizabeth Richey Dessez, long active
in the film field ; Dr. Charles D. Trex-
ler, president of the Greater New
York Federation of Churches;
Charles V. Vickrey, president of The
Golden Rule Foundation; Carl Beck,
efficiency engineer ; Roy Curtiss, pro-
ducer of "The Cavell Case," who also
initiated the program which resulted
in the production of the "King of
Kings" ; Eugene Randolph Smith,
headmaster of the Beaver Country
Day School, Chestnut Hill, Mass.;
Fred R. Marvin, secretary and or-
ganizer of the American Coalition of
Patriotic Societies ; Miss Mary E.
Hughes, organizer of the Woman's
Division of the NRA, Louisville; Mrs.
William Barclay Parsons, Jr., presi-
dent of the Parents' League of New
York City, and Rabbi Herbert S.
Goldstein of the Institutional Syna-
gogue, New York.
All Theatres Open;
Cincy Grosses Gain
Cincinnati, Oct. 4. — Theatre busi-
ness looks more promising here now
than at any time for the past two or
three years. All major houses in the
downtown sector are open, and at-
tendance is notably on the increase.
"Belle of the Nineties" last week
hit an estimated $22,500 for an eight-
day run at the RKO Palace, which
savors of pre-depression days. This
is considerably ahead of some weeks
at this house when a vaudeville and
picture policy prevailed. The West
opus has been transferred to the
Lyric for the second stanza. Other
houses in the past few weeks have
shown gratifying results with the new
season product.
Para. Outing Set Oct. 14
Hollywood, Oct. 4. — The Para-
mount Studio Club has switched the
locale of their annual get-together to
Catalina Island and have set the date
for Oct. 14. The jamboree was
formerly set for the Valley Country
Club.
An early estimate has 1,200 studio
workers slated for the jaunt.
Rogers Sees "Andy"
Detroit, Oct. 4. — Will Rogers, here
to cover the World's Series for
Hearst, was a guest of Freddie
Schader and David Idzal at the Fox.
It was his first opportunity to see
his latest Fox opus, "Handy Andy."
Trotti Back on Coast
Hollywood, Oct. 4. — Lamar Trotti
has returned from South Carolina
where he went for conferences with
Robert Quillen regarding background
material for Will Rogers' next picture
at Fox, "Life Begins at Forty."
Last Minute
Changes End
Film Dispute
(Continued from page 1)
stated, was not anxious to do busi-
ness with the circuit because RKO
turned down the product before.
Failing to get together with
Skouras on pooling of product for
the Riverside, RKO will continue to
show half of Warners and Para-
mount in addition to all of Radio
and Universal at the 81st St. on up-
per Broadway. The Fox lineup con-
tinues at the Riverside.
George Skouras wanted to pool
Fox with Radio, Universal, Colum-
bia, Paramount and Warners, but be-
cause of contracts entered into for
the 81st St., giving Springer & Co-
calis second run it was impossible
to get clearance for the Riverside
to show day-and-date with the RKO
house. Skouras would accept no
other terms than a simultaneous run
before he pooled the Riverside with
the 81st St.
However, Skouras' Academy and
RKO's Jefferson on 14th St. have
combined product, with the former
getting prior selection.
Randforce tomorrow takes over
the Utica, Brooklyn, from RKO in
an exchange of product transaction.
More Openings Are
Set for Milwaukee
Milwaukee, Oct. 4. — Milwaukee's
Rialto will be fully lighted Oct. 5
when Fox's Palace and Warners'
Strand reopen. The former will use
stage shows with Jack Richards' band
transferred from the circuit's Alham-
bra and George Gambrill moved along
as manager.
Jim Casey, manager of the Palace
until it went dark early in August,
succeeds Gambrill in that capacity at
the Alhambra, which inaugurates a
dual policy under the new setup, the
only first run house with this type of
entertainment on the avenue to date.
Mickey Kippel is slated to manage
Warners' Strand, the policy of which
has not yet been announced.
Notices Are Posted
At Missouri Theatre
St. Louis, Oct. 4. — Two-week
notices have been posted at the Mis-
souri. The unofficial explanation is
that this is a precautionary move in
case F. & M. are unable to secure
enough product to continue the dual
bill policy. It is said the house will be
kept open on a week to week basis.
If stage shows are put in at the
Ambassador or the Fox, some prod-
uct may be switched from these to the
Missouri.
Fier on Mascot Tour
Hollywood, Oct. 4. — Jack Fier has
left on another tour of Mascot ex-
changes. He will go east as far as
Boston. Fier returned last week from
an exchange tour.
Het Manheim, Mascot publicity
director, also checks out on a good
will tour through Seattle, Portland
and Vancouver.
that's service!
• Universal Newsreel pictures of
the first World Series game were on
Detroit's screens Wednesday Night
— a few hours after the game!
• Universal Newsreel pictures of the
first game were on Broadway
yesterday morning.
• Universal Newsreel pictures of the
first game were in St. Louis for the
opening of the theatres yesterday.
• Universal Newsreel pictures of the
first game were in Los Angeles
(and everywhere between West
and East) last night!
STEP OUT WITH -
UNIVERSAL
NEWSREEL
10
MOTION PICTURE
•DAILY
Friday, October 5, 1934
M-G-M Searching for
New Writing Talent
Hollywood, Oct. 4. — M-G-M has
started an intensive search for new
writing talent and has signed Dr.
Gorlan Grewer, University of South-
ern California English professor, to
head the campaign.
Grewer has already established 60
committees in as many University
cities, where the initial works of bud-
ding scenario writers are given the
once over by the group. Those turn-
ing in creditable work are given six-
week tryouts by the studio with a long
term contract for those who survive
the test.
Four youthful writers, who have al-
ready been handed long termers
through this medium are Charles A.
Powell, Robert Parash, John Higgins
and Richard Goldstone.
Youngstown Groups
Now Want Previews
Youngstown, O., Oct. 4. — Pre-
views of films to be shown in Youngs-
town theatres will be asked by civic
and club leaders to further the cam-
paign for clean pictures here, Mrs.
Oscar Meeks, chairman of the mo-
tion picture committee of the Federa-
tion of Womens Clubs, asserts.
Mrs. Meeks says also that some at-
tempt would be made to censor lobby
displays of theatres.
N. B. Folsom, president of the Fed-
erated Churches, is arranging a con-
ference shortly of club and church
leaders with representatives of theatres
to discuss the movement.
Illness Halts Para. Film
Hollywood, Oct. 4. — The with-
drawal from the cast of J. M. Ker-
rigan as result of illness has forced
Paramount to stop production on
"Father Brown, Detective." Work
will be resumed when someone has
been found to replace Kerrigan in
the title role. Alfred Werker is di-
recting the film, in which Gertrude
Michael and Paul Lukas have the
romantic leads.
Berlin Gets 14 in July
Washington, Oct. 4. — Fourteen
features were exhibited in Berlin in
July, 1934, as against 10 in June and
only five in July, 1933, according to a
report to the U. S. Department of
Commerce from Acting Commercial
Attache Douglas Miller in Berlin.
Of the 14, six were German, two
American, two French, and one each
Danish, English, Austrian and Swiss.
Thayer Gets Coast Post
Cincinnati, Oct. 4. — R. W. Thay-
er, manager of the local Ross Federal
offices, has left for the west coast
where he will be district manager,
with jurisdiction over Los Angeles,
San Francisco, Salt Lake, Spokane
and Seattle. He is succeeded here by
G. W. Wagner, manager of the Mil-
waukee office.
Variety Club Chatter
Jensen Takes Col. List
Seattle, Oct. 4. — Jensen- Von Her-
berg, operators of the Liberty, Vene-
tian, Roxy and Bagdad theatres in
Seattle and the Roxy in Tacoma, have
signed for the entire Columbia output
for the 1934-35 season. "One Night
of Love" will be the opening attrac-
tion at the Liberty.
Cincinnati
Cincinnati, Oct. 4. — The first
event of the new season, known as
"Monte Carlo Night," got off to a
flying start, with barkers and their
guests present in large numbers. The
adjoining room occupied by the Cin-
cinnati Bridge Club was pressed into
service.
Weekly business sessions are out,
although weekly luncheons and enter-
tainment provided by the Kings for a
Day will be the feature each Monday.
The canvasmen will meet once a
month.
The frolic of Tent No. 3 is set for
early November, arid will take place in
the Netherland Plaza Hall of Mir-
rors, according to present plans.
Members are offering consolation to
A. J. Wessell, whose son suffered the
amputation of his leg as result of
being struck by an automobile.
N oah Schecter, chairman of the
side show gang, narrowly escaped
death or serious injury when his ma-
chine was struck by another. As it
was, his car was badly damaged.
S. A. Galanty, member of Wash-
ington Tent No. 11, was a visitor at
the local club last week.
Detroit
Detroit, Oct. 4. — Variety Club has
resumed its weekly luncheons at the
Book Cadillac. Maurice J. Caplan,
Metropolitan Motion Pictures, and
Frank J. Downey, M-G-M, were the
kings for a day.
Mickey Cochrane and Hank
Gkeenberg, stars of the Detroit
Tigers, were honor guests.
Next Monday, the club is planning
a luncheon in honor of Col. W. S.
Butterfield. It is also planned at
this luncheon to present Butterfield
the life honorary presidency of the
club.
Pittsburgh
Pittsburgh, Oct. 4. — If the New
York reservations continue to pile in
for the annual Variety Club banquet
at the William Penn on Oct. 14, a
special train may be necessary. Forty-
five entertainers already have agreed
to come.
Among reservations received are:
Will H. Hays, John Royal, vice-
president and program manager for
NBC; Joseph Bernhard, general
manager of Warner theatres ; George
J. Schaefer, Paramount general man-
ager ; Felix Feist, general sales mana-
ger, M-G-M; Harold Kemp, artists'
manager for NBC; Steve Trilling,
Warners' Artists' Bureau ; Jules
Levy, general sales manager for
RKO ; Frank McCarthy, western
sales manager for Universal ; Sig
Witt man, Universal district mana-
ger; E. C. Grainger, eastern sales
manager for Fox; William F.
Rodgers, eastern sales manager for
M-G-M; Max Cohen, Edgar Moss,
district manager for Fox in Philadel-
phia ; Clayton Bond, chief film buy-
er for Warners; John J. Payette,
zone manager for Warners in Wash-
ington ; Harry Thomas, president of
First Division; E. L. McAvoy, east-
ern sales manager for RKO ; Fred
QurMBY, short subject sales manager
for M-G-M ; Abe Montague, sales
manager for Columbia ; Joseph Mc-
Conville, assistant sales manager for
Columbia; C. W. Bunn, general sales
manager of Erpi ; Jack Skirball,
tiducational sales manager ; George
bKOURAs, vice-president of Skouras
Theatres; W. P. Garyn, Mort Shea
ot Shea t heatres ; Louis K. Sidney,
general production manager for
Loew's Theatres; Marvin 6chenck,
manager of Loew's Artists' Service,
and William Scully, New York
manager for M-G-M.
St, Louis
St. Louis, Oct. 4. — Variety Club
is staging its first edition of "A
Couple of Knights in Russia" with a
cast headed by Barkers Hoppe, the
mad monk; Ed Rosecan, Shmushke,
the mad kibitzer; Lou Ansell, the
mad romancer, and Mrs. Chick
Evans as the beautiful empress.
Club has inaugurated free buffet
lunches to all members and their
guests any night of the week.
New officers elected are: George
Wiegand, treasurer; Al Woolf, sec-
retary; Tony Metreci, chairman of
the house committee ; Al Zimbalist,
publicity counsel.
George Tyson is expected here
from Pittsburgh for the first annual
ball. If business matters don't in-
terfere, Johnny Harrid may tag
along.
Barker Silvert Setron has been
transferred to Warners' Milwaukee
zone.
Barker James Walker became a
benedict recently.
Washington
Washington, Oct. 4. — Sedate and
quiet was the weekly luncheon of Tent
No. 11, presided over by Frank H.
Durkee and Walter D. Pacy, kings
for the day.
In lieu of giveaways, lotteries, or
other what nots not particularly in
good favor by codists at the present
time, the Durkee-Pacy presented to
the club $50 to be applied to Variety's
fund for Christmas baskets.
Entertainment came principally
from the Earle Theatre stage show,
featuring Bert Walton and Larry
Adler, the virtuoso of the harmonica.
Bert Wheeler, Radio star, socially
visiting the Capital, attended as the
guest of Hardie Meakin. Barker
Wheeler regaled the audience with
stories and latest Hollywood gossip.
The names of Roy Knight, Warner
theatre sound department; Norman
Goldstein, Globe Poster Co., and
Sydney Lehman, United Artists
salesman, have been added to the rolls.
Plans for the first annual banquet
and ball are going forward, with Chief
Barker John J. Payette and Canvas-
man Carter T. Barron, co-chairmen
of the committee, in charge.
Barkers A. Julian Brylawski and
Sol A. Rosenblatt will probably at-
tend the annual meeting of the national
organization on Oct. 14 in Pittsburgh.
Variety Club Moves
Begun in Milwaukee
Milwaukee, Oct. 4.— Plans for a
local chapter of the Variety Club are
under way with the following 11 men
selected to draw up a charter: Ben
Koenig, secretary of the code boards
here ; George Fischer, an officer of the
M. P. T. O. of Wisconsin and Upper
Michigan, Inc. ; Charles Trampe,
president of the Film Board of Trade;
E. F. Maertz, secretary-treasurer, Al-
lied Independent Theatre Owners'
Ass'n. ; A. C. Gutenberg, director of
M. P. T. O. of Wisconsin; Sam Shur-
man, M-G-M exchange manager; Art
Schmitz, RKO exchange manager; H.
J. Fitzgerald, general manager, Wis-
consin Amusement Enterprises, Inc.;
D. E. Weshner, general manager,
Warners; E. J. Weisfeldt, managing
director, Riverside, and Al Kvool,
general manager, Saxe Amusement
Management, Inc.
Koenig and Trampe journeyed to
Detroit Sept. 30 to study the activities
of the tent in that city. The organiza-
tion plans to be charitable as well as
social.
Plan New Detroit House
Detroit, Oct. 4. — Alex Schreiber
and William A. London, operators of
several Detroit neighborhood houses,
plan a new 1,100-seater in the south-
western section of the city in the Ford
motor district.
New Iowa Ruling on
Tax Put Into Effect
Des Moines, Oct. 4. — A new
method of advertising the sales tax
rates on theatre admissions has been
ordered by the state tax board accord-
ing to a schedule prepared by theatre
representatives. The ruling went into
effect Oct. 1 after a survey by the
board.
Instead of the former method of
15-cent admissions, for example, with
one cent sales tax, the fractional sys-
tem is to be adopted, making the ad-
vertising read "admission $.157 plus
$.003 tax." The new system will be
more accurate, according to Chairman
Ray Murphy, as some theatres had
previously announced admissions show-
ing four per cent to 10 per cent sales
tax, instead of the required two per
cent.
Milwaukee Houses Shift
Milwaukee, Oct. 4. — The Fox
Garden, formerly operating on an ex-
tended run policy, has reverted to
the first run column with "The Count
of Monte Cristo" as the current at-
traction, and an admission policy of
25, 35 and 40 cents. The circuit's
Alhambra, playing first run pictures
since its reopening a month ago, has
reverted to extended runs and con-
tinues its vaudeville policy. Reopen-
ing of the circuit's Palace is slated for
early next month.
Cincy Warnerites Elect
Cincinnati, Oct. 4. — The local
Warner club has elected the following
officers : Stanley Hecker, president ;
Helen Fleming, vice-president; Sarah
Frown, secretary; James Brunetti,
treasurer; Al Shmitken, branch man-
ager, is chairman of contribution and
loans.
McLucas Holds Post
Omaha, Oct. 4. — At the annual
election of officers, D. V. McLucas,
United Artists exchange manager, was
reelected president of the Omaha Film
Board of Trade and C. K. Olson,
Warner branch manager, was re-
elected vice-president.
Lyric by
MORT DIXON
Pop ! Goes Your Heart
Music by
ALLIE WEUBEL
mm
1 «|) d
Quite un-ej
-s— «ri H^—"P™,H
s:-pect-ed- ly a
love-ly face you see and sud-den-ly, 1
>•
mrs 1
m your heart.
m~ —
fill* * i
-rf
[bp
F F 1
P ■ ■ |5»
Mm - _«t Wit
ff P h-J
— m
h-ou
t a
wai
n-ingword, a
cha
rm-inj
k=
£VO
ice is neard,and sud-den-ly,
— H — 1 — 1— J — ^fefen
H
* • <
: i
•
■ — ■
f: i
0
i 4
:: •§ -5* 3 -«
fa*
■ m
«r» 0'
Popl goes your heart,
ii
When life is just a bowl of with-ered fruit,
If1" 1 1 1
0
— J-
CI
So sour and dry,
You iust want to
Try these 5
yoUr piono (or y„ur SOA,e
cry, _ Then
St)
HITS
J— 5 1
r
Lyric by
MORT DIXON
Happiness Ahead
J J J) p p p jl
Music by
ALLIB WRUBEL
1
5
Sweet -t heart, there must be hap - pi - cess a - head,
P' F P P P f ^ IP" F P P
I'm sure we'll spend a day of cheer-.
i
for ev - 'ry lit - tie tear_ we've
m
&—9
i *
^ p P P P i
see our hap - pi - ness a - head
and there's a
. then imagine OfCfr
thei« to a gorgeous new SCree
s,"g/ng
Lyric by
IRVING KAHAL
Beauty Must Be Loved
^<Mh I p J J 1 I J J J 1 J
Music by
SAMMY PAIN
Each g-ar - den
each flow- er lives to be kissed by an
- — ■ s ' 1 a 1
IT
i
4
Ap - ril show - er,
Give me yonr lips. Beau ~ty mast be loved.
i
3S
If1''. J -
■ «
Your charm ,aear,
... £ ■ ^1
Your gra
ce,de
I — ; —
ar,
i m — ' " # " j
Let me aj
1 5 1
i — «
>-pla
' ■
ud yo
1 5
#
u wi
1
th
> j . J
>•
15
4 ^
l
f 1
— J
n
iM r .J
my em - brace, dear>
Give me your arms » Beau - ty must be
HUTCHINSON, direct from her trf.
tP**»N t ^ N# Y. Repertory Theatre
3
••jOS uthefomoos
Lyrics by
JVIORT DIXON
Songs reprinted by permission of the
copyright owners, M. Witmark & Sons
Words by
ALLIE WRUBEL
All On Account Of A Strawberry Sundae
i
fee*
I
W 0
They flirt - ed on Fri
day and mar - ried on Mon
day,
1 #i i
"9"
dae. They
All on ac - count of
a straw -ber - ry sun
*
5
9 '
1
«5
i
22
built
a
house
for
two,
Be
i
1
p — : —
-~* — i
't0
•
*
« — «
— ii
lieve it or not,
that's what a sun - dae can do.
using «» entirely new fe^ni9We
If they had
■ —
of
Words and Music by
tTr. ^ BERT KALMAR
The Window Cleaners and harry ruby
3
5
-t — #■
Ev' - ry morn -ing we be - gin On the out -side look - ing in. You
I1' ; "/ f1 1/ ;
n
1 JL , j- J'1 1
Z2I
5>-
5r
ife h|' r ^ ^ *
i , , . =*==
bet we see i
i
j j r '
lot while we n
l ,1 J ,
tas -
J 1
sage t
' «f i
win - d
i1
ow
t
I 7 * y
t '
1 f j
* f
^ — f
[ 1
Mr P r J
22:
pane.
Out the win - dow we would
go
If we told the
I H o EE
J- J> J ! q
rf — r —
9 L-
^•iW
~5 =j
m
things we know, But we're too wise to
scan - dal - ize? From
' J°hn Halliday, Frank jwVuV.^h
d sorroonded I by a cast-fu|| of
stars
J
I
1
iff
oneV
ifl
VARIETY
MOTION PICTURE HERALD
FILM DAILY
Happiness Ahead
Familiar in story, 'Happiness
Ahead' becomes excellent enter-
tainment through dialog and di-
rectorial treatment. Picture has
speed and novelty, should land in
the good grocsers. Noteworthy is
the cinematic debut of Josephine
Hutchinson. Despite the lightness
of her part. Miss Hutchinson gives
evidence of becoming a stellar
screen bet. With a quality similar
to that of Helen Hayes, she will
be a femme favorite.
As an heiress who is tired of the
pomp of her surroundings and a
domineering mother, Miss Hutchin-
son sneaks off, becomes acquaint-
ed with Dick Powell, a window-,
washer. She finds Powell and his
friends genuine. In an effort to
help him better himself, she bor-
rows money from her indulgent
father. Powell, not knowing she
is weathy and believing the father
to be her boy friend, gives her the
air. Dad squares things in time
to save her from marrying a man
her mother has chosen.
Mervyn LeRoy has given the
story a freshness that was neces-
sary to lift it above commonplace.
His fast direction keeps the yarn
from dragging. Dialog is, above
par, giving all the characters a
naturalness often missing.
Powell is himself as the window
lassager. He sings four numbers,
of them socks. 'Pop Goes
"*—»«tl^will get a good recep-
£jndow Panes,'
jas ex-
yd
Happiness Ahead
(Warner)
Romance
This picture is composed of popular enter-
tainment and showmanship elements. It's a
love story, chockful of human interest. The
Cinderella theme is novelly reversed; a rich
girl falls in love with a regular fellow poor
boy. A spirit of gay romantic adventure moti-
vates. Yet supplementing that quality there's
plenty of comedy in dialogue and situations.
There's action enough to give the show a tinge
of realism. Occasionally comes a pulse-quicken-
ing thrill, Logical is the touching tinge of con-
trasting drama, made more potent by smartly
controlled suspense. Music, both in song and
accompaniment, fulfills a different function than
in previous Dick Powell pictures. While it is
a feature by itself, its primary purpose is to
accentuate the romantic quality of the theme.
In addition to its entertainment quality, it un-
covers Dick Powell as a star not entirely de-
pendent upon his singing ability. Also it
introduces a new personality, Josephine Hutch-
inson, not an electric beauty but an actress of
ability with the earmarks of potential popularity.
While it covers much that is colorful and
interesting, the story is simple and natural.
Wealthy Joan finds no interest in the sham and
foible of high society. New Year Eve, on an
adventurous quest, she lands. in a Chinese res-
taurant. The people there thrill her; she is
made one of a party, window- washers and shop
girls. Romance comes, quick, clean and ap-
pealing, for her and Bob Lane. To shield her
identity, she rents a walk-up fiat. .
All goes well until ambitious Dick, desiring
to go into the window-washing game for him-
self, but not having the necessary dough, sees
Joan get the money from her father. Not
knowing the relationship, but accepting the
sk^Jie thinks he is being two-timed
id to the romance^ "
"HAPPINESS AHEAD"
with Dick Powell, Josephine Hutchinson
First National 86 mins.
CLICKS STRONG WITH WHOLESOME
HUMAN INTEREST DRAMA AND SWELL
ROMANCE THAT WILL GET THE
FEMMES.
Mervyn Le Roy comes through with a
prand human interest document filled with
delightful and natural touches that are
6cund to panic the fesnmes of high and
low degree. But perhaps initial credit
must be given to Harry Sauber for writing
a dcwn-to-earth original without any Hol-
lywood hoke and plenty of the stuff that
brings a catch in the throat and a smile
to the lips at the same time. And that's
a type of writing very scarce on the screen.
Josephine Hutchinson comes through as a
great bet with an extremely natural and
charming personality that grows on you.
And how that girl can troupe! A grand
team — she and Dick Powell, the latter do-
ing the best work of his career in this one.
It is a Reverse Cinderella story— with the
rich girl playing at being a poor girl so she
cat? get some real happiness and romance
out of life. And Powell sings a couple
cf songs — especially a sort of theme song
throughout— that fits in perfectly to plot
development and makes the lavish musicals
Icok weak stacked against this produc-
tion's swell human interest story.
Cast: Dick Powell, Josephine Hutchinson,
John Ha'iiday, Dorothy Dare, Frank Mc-
Hugh, Alien Jenkins, Ruth,
jorie Garesor
to
,\Yc*
„ ' H^o^ ,f hove aone sU9^ss *H ^
<*/>
Jane Dai welT^H^J # /
assignments.
Photography, particularly^!^
Miss Hutchinson, is very goodT^^
gone
" Bros.> "HAP*»V
a cnSPSHBI IBjj^^BHeuished
with- the elements they" most appreciate, should
go a long way. — McCarthy, Hollywood.
iBnVExcellent. Photography,
ciocd.
Friday, October 5, 1934
MOTION PICTURE
DAILY
17
Short Subjects
'Tale of the Vienna
Woods"
(M-G-M)
An entertaining Technicolor cartoon
that tells the story of the old fairy
tale of the deer and the pedestal
satyr. The deer and the satyr play
about the woods and are chased by a
pack of hounds. Later, the deer is
cornered by the dogs and the satyr
rescues him. Running time, 8 mins.
"His Lucky Day"
(Educational)
Featuring Ernest Truex and Jose-
phine Dunn, this short is good enter-
tainment for any region. It has every-
thing, particularly comedy. The story
centers around a dinner that Truex
gives at the hint of his boss in order
to impress a big buyer of their com-
pany's product. With the help of an
Italian gardener and a washer-woman,
Truex prepares the meal and the din-
ner comes off in a manner that ought
to hand many a laugh to audiences.
Production code seal No. 120. Run-
ning time, 18 mins.
"Picturesque Portugal"
(Fox)
The Magic Carpet of Movietone
journeys through Portugal in this
reel, starting with shots of dances at
a fishing village and ending with
views of the city of Lisbon. Particu-
larly interesting are scenes of the
countryside, herding bulls and round-
ing them up for the arena, a bullfight
in Lisbon and maneuvers of the Re-
public's crack cavalry. Running time,
7 mins.
"Time on Their Hands"
(Educational)
Featuring Charles Carlisle, the
radio star, this short is excellent vocal
entertainment. Carlisle sings several
numbers, old prison ballads. The
Mountain Melodeers form the choral
background for all the numbers, along
with the Eight Buccaneers. Ferde
Grofe supervised the music. Produc-
tion code seal Xo. 97. Running time,
10 mins.
"Stars in the Making"
(DuWorld)
Good entertainment is this short,
with a capable cast and a plausible
and interesting story. Audiences will
like it because of its behind-the-scene
shots of Hollywood's studios. Frank
Albertson and Yvonne Pelletier are
featured, playing the parts of two ex-
tras in pictures, and the film traces a
day in their life as they work in a
studio. Running time, 16 mins.
"The Black Sheep"
(Educational)
A Terry-Toon cartoon that should
appeal to children. It is based on the
tale of the sheep who cried wolf once
too often, but with a novel twist at
the end. Appropriate music accom-
panies the action. Production code
seal No. 144. Running time, 5 mins.
"Goofy Movies No. 8"
(M-G-M)
Pete Smith gives a dissertation on
the fashions of 1913 and then presents
an old time "mellerdrammer" of 1909.
As usual his comments are to the
point. Running time, 8 mins.
MOTION PICTURE DAILY*
HOLLYWOOD PREVIEW
"Transcontinental Merry -Go- Round"
(Reliance-U. A.)
Hollywood, Oct. 4. — Varied in entertainment appeal, running the
gamut from mystery to melodrama, to backstage, to radio show, to
girlie, girlie musical, to cheating cheaters and romance, Edward Small
has impounded a highly satisfactory show with vitality and personality.
Laid aboard an ocean greyhound, the story is told in retrospect. It
visualizes a crazy quilt drama, intermingling wise guys, good and shady
ladies, honest hearts and their crisscross motives, which pattern balances
with comedy and song set amid lavish and luxurious decorations.
Name values are : Gene Raymond, in his best performance ; Jack
Benny, the Boswell Sisters, Mitzi Green, Jean Sargent, Jimmy Greers'
Orchestra from radio, and a cast with Nancy Carroll, Sidney Blackmer,
Ralph Morgan, Shirley Grey, Sam Hardy and William Boyd. Sid Sil-
vers and Sidney Howard, British comics, handle the comedy for boister-
ous reactions.
The production has been smartly directed by Ben Stoloff. It is from
Leon Gordon's original, with added agile dialogue by Joseph Moncure
March and Harry Conn. Original musical numbers were staged by
Larry Ceballos and Sammy Lee with Ted Tetzloff. The photography is
superb.
The masses will like this for its colorful, vivid and juicy entertain-
ment. Production code seal No. 267. Running time, 93 minutes.
Looking 'Em Over
"Thunderstorm"
(Amkino)
In "Thunderstorm" Soyuzfilm has built a grim, sombre tragedy on
the theme of an unhappy marriage. Those who like Russian films will
find it strong and perhaps satisfying entertainment, but those who go
to the theatre chiefly for diversion will find it a bit too drear and pon-
derous to suit their tastes.
From the start there is a feeling of impending doom. The bride of
the tale is married to a stolid young merchant with nothing of the
lover about him. To make matters worse he is slavishly obedient to his
mother. With him it is mother first and wife second. Driven frantic
by his neglect of her, she falls in love with a man possessing the roman-
tic qualities lacking in her husband. In a highly dramatic scene the
woman confesses her guilt when she is seized with fear at the end of
a church service. Knowing what lies in store for her should she remain
with her husband and defeated in her effort to throw in her lot with
her lover, she casts herself into the Volga.
A. K. Tarasova plays the tragic bride with great effect. The others,
comprising V. O. Massalitinova, I. P. Tschouvelev, I. P. Zaroubina, M.
M. Tarkhanov, I. I. Jaroff and M. I. Tsarev, are first-rate. Vladimir
Petrov directed.
There are English sub-titles in profusion. Running time, 78 minutes.
"A Successful Failure"
(Monogram)
An entertaining melodrama designed for family appeal. William
Collier, Sr., is outstanding on the list of performances which includes
Lucile Gleason, Russell Hopton, Gloria Shea, William Janney, Jameson
Thomas, George Breakstone, Richard Tucker and Clarence Wilson.
Hounded by his family to get an increase in salary, Gleason is fired
by his newspaper when his eyes begin to fail. Hopton, who is in love
with Gleason's daughter, Miss Shea, quits his job because he has faith
in the older man's possibilities as a columnist. Gleason has been writing
some stuff which continues to be rejected by editors. Hopton becomes
his manager and through Tucker, head of a radio station, Gleason gets
a radio booking and later becomes a sensation.
Gleason manages to keep the change in jobs from his family until
he is injured in a park riot in which his son, Janney, is one of the insti-
gators. The rift between Miss Shea and Hopton is settled satisfactorily
as well as the family troubles.
Running time, 62 minutes.
(Additional reviews on page 18)
Short Subjects
"Yokel Dog Makes
Good"
(DuWorld)
A dog whose main accomplishments
are walking on his hind legs and roll-
ing over is featured in this short.
The dog crashes Hollywood and at-
tains stardom in pictures only to lose
out with the advent of sound. The
final shot has the animal returning
with a litter of pups, to launch them
as "baby stars." It's all rather silly.
Running time, 16 mins.
'Nifty Nurses"
(Educational)
Here is a short that is ace enter-
tainment. It appears to be a musical
burlesque of "Men in White." The
entire action is in a hospital, with
Billy Gilbert taking the play away
from Johnny Downs and Sally Sweet,
who are featured. The wind-up of the
film is in an operating room, with
nurses and internes acting as a cheer-
ing section, and this part of the pic-
ture, with its dialogue and comedy,
should have audiences holding their
sides. Reviewed without production
code seal. Running time, 18^4 mins.
"On Foreign Service"
(Fox)
Another of the Adventures of a
News Cameraman series. It is very
interesting. Europe and outlying
places are covered. Shots include
fighting elephants in India, whip fight-
ers in Bali, African warrior dances,
swordfishing off New Zealand, sabot
making in Holland and canoe racing
on the Rhine. Reviewed without a
production code seal. Running time,
7 mins.
"Mickey Plays Papa"
(Disney-United Artists)
Pluto, the dog, steals this hilarious
cartoon away from Mickey Mouse. A
baby is left on Mickey's doorstep one
stormy night and Pluto's efforts to
amuse the child, assisting Mickey and
on his own, had a local theatre
audience howling. By far one of the
funniest Walt Disney cartoons in
some time. Recommended for any
audience. Production code seal No.
248. Running time, 7 mins.
"Sword of the Arab"
(DuWorld)
Western fans may appreciate this
short, but, except for some stunts by
a trained horse and some excellent
horsemanship, it is shy on entertain-
ment content. The story is centered
around an American rancher in
Arabia to buy some native horses.
His prize mount is stolen, along with
his daughter, by bandits and recov-
ered by his top hand. Running time,
26 mins.
"The Chump"
(DuWorld)
With Hal Skelly, Lina Basquette
and Sally Starr in the cast, this short
is disappointing. Skelly is an escaped
lunatic with a passion for writing
checks to pretty girls and finally be-
comes entangled with Miss Basquette
and Miss Starr, only to leave them
stranded with no money in a night
club. Running time, 20 mins.
18
MOTION PICTURE
DAILY
Friday. October 5. 1934
Third Hearing Set
On L. A. Schedules
{Continued from page 1)
been listening to arguments of ex-
hibitors, attorneys and distributors on
the schedule.
Yesterday's session opened at 10
A. M. and adjourned shortly after
noon because members of the com-
mittee had made previous appoint-
ments. The meeting will be contin-
ued this morning with the same com-
mittee.
Cincinnati, Columbus and Dayton
schedules were up for an airing at
an afternoon hearing at Campi by an-
other appeal committee.
Won't Bring Agency
Hearings to Coast
Los Angeles, Oct. 4. — Division Ad-
ministrator Sol A. Rosenblatt today
blasted the Academy's hopes that
hearings on the agency code might
be transferred to the coast when he
declared as he was about to board a
plane for San Francisco, where he
addresses the American Federation of
Labor convention tomorrow, that they
would be held in Washington as pre-
viously scheduled.
The Academy had wired Rosenblatt
at the Beverly-Wilshire here last night
requesting the hearings be held in the
west as the leaders of the various
branches of the organization could not
gc to Washington because of the time
and money involved.
While it believes it unjust to have
the hearings held 3,000 miles away
when the whole document primarily
concerns those here, the Academy is
proceeding to publish and distribute
the text of the agency code. It is
claimed the local NRA headquarters
have only 100 copies of the document
for distribution, a quantity held insuf-
ficient to fill the demand.
Rosenblatt would not say whether
he would return here or not, but he
had a round-trip ticket with him. It
is possible he may return tomorrow
after his address at the A. F. of L.
meeting.
Code Probe by U. S.
Asked by Wis. Allied
{Continued from page 1)
similar to those passed by Allied of
New Jersey at its recent convention
at Atlantic City.
The meeting voted to wire John
C. Flinn, executive secretary of
Campi, asking why the local clearance
board has not yet set up a zoning
plan for Milwaukee and Wisconsin.
It will be pointed out that exhibitors
cannot buy until the schedule has
been adopted.
The annual convention of Wiscon-
sin Allied is slated for early in Jan-
uary, at which time new officers will
be elected.
Denver Council Acts
To Allow Giveaways
{Continued from page 1)
board, and appeals have been handed
down, confirming the decisions. The
city ordered all giveaways stopped
when it was found they were forbidden
by ordinance.
Following that, the local grievance
board ordered Huffman to stop the
auto giveaways. His appeal has not
Looking 'Em Over
"Power"
(Gaumont British)
Gaumont British has shrewdly capitalized on the current interest
in the German attitude toward the Jews in presenting the film version
of Leon Feuchtwanger's novel, "Jew Suss," but whether it has turned
out a piece of popular entertainment remains to be seen.
Unlike the Disraeli of Arliss, whose struggle for power is ennobled
by an abiding patriotism and an altruistic desire to better the lot of his
people, the central character in this picture is driven by an unrelenting
fate in the person of a mysterious rabbinical figure to save the life of
a condemned Jew. The same fate sends him publicly to visit his mother
and to give a grudging recognition to his daughter.
Conrad Veidt gives a splendid performance in a difficult role. He
insinuates himself into the life of a dissolute duke, Frank Vosper, and
pushes him to heights of power. In doing it, however, he turns the
one love of his life, Benita Hume, over to the duke; he almost lets an
innocent man die as a matter of policy. His retribution comes when his
daughter commits suicide to escape the duke's attentions.
In the last reel of the picture he gets a Machiavellian revenge and
dies on the gallows seeking peace of spirit.
The picture is beautifully photographed and splendidly staged, but
seems episodic until the closing sequences, where Veidt seeks something
beyond his personal aggrandisement.
Cedric Hardwicke gives a sharply etched performance as the mys-
terious rabbi. Lothar Mendes directed. Production code seal No. 149.
Running time, 105 minutes.
"The Scotland Yard Mystery"
(B. I. P.)
A mystery yarn which holds the interest despite the fact that the
designing villain is known to the audience all the time. It is typically
an English picture in regard to accent and names. Not one of the cast
is known in this country, but nevertheless all turn in capable perform-
ances.
The story is that of a hard medical man at Scotland Yard who per-
fects a formula which, injected into the victim makes him appear dead.
With the aid of an anti-toxin, the subject comes back to life none the
worse for his experience. By this method the medical chief lines up
five persons, insures them, and after giving them his treatment has them
declared dead to collect insurance money.
Sir Gerald Du Maurier, in whose employ the medical man carries
on without suspicion, is called in on the case when his future son-in-law,
a doctor for the insurance firm, is accused of dirty work after he has
passed the men as physically fit.
Du Maurier works on the job alone and after a series of clues gets on
the trail of his man and finally nails him.
In the cast are George Curzon, Grete Natzler, Belle Crystal, Leslie
Perrins, Walter Patch, Henry Victor, Herbert Cameron and Frederick
Paisley. Thomas Bentley directed. Running time, 72 minutes.
"Freedom of the Seas"
(B.I. P.)
An entertaining bit of humor and drama combined in a nicely bal-
anced story. The picture starts off in a comedy vein and about midway
goes straight drama. The players, with the exception of two, have de-
cided Cockney accents. On the whole, it is amusing and enjoyable.
Clifford Mollison, a sheepish clerk in the office of Wendy Barrie's
father, makes a mess of his advances to Miss Barrie and is fired. A
friend of his father comes to Mollison's aid, advises him to join the
naval reserve and prove to the girl and her father his capabilities. After
three years in the service he is assigned to a freighter.
Shortly after his arrival on the cargo boat, Mollison learns that Miss
Barrie, her father and Zelma O'Neill, a chorine, are on it, having been
rescued from another ship which has been torpedoed by a U-boat. Also
on the freighter is a German spy, who has bribed the radio operator to
send messages to a U-boat. The hero learns what is transpiring, and,
playing a lone hand, kills the spy and sinks the U-boat, saving the day
tor all concerned.
Mollinson wins the girl and also praise from her father for his fine
work. Running time, 77 minutes.
been decided. In his appeal Huffman under the guise of code or otherwise,
claimed that anyone who interfered would be liable for any damages in-
unlawfully with a business, whether curred because of the interference.
Says Columbia Not
To Produce Abroad
(Continued from page 1)
of the foreign personnel and no new
offices have been opened recently,
Seidelman added.
Business in England is very good
and other countries are progressing
and improving every month, he said.
Seidelman is holding conferences with
Jack Cohn.
Within the next 60 days "One Night
of Love" will be shown day and date
in 12 important cities of Europe.
RKO Vaude Renews
Rochester Activity
Rochester, Oct. 4. — With all down-
town theatres except one in the hands
of Comerford, competition that had
been lax for the best part of a year
burst out again here today with the
RKO Palace opening vaudeville and
first run film shows to combat Loew's
Rochester.
Loew's, which started the ball roll-
ing last week by jumping suddenly
into double bill shows and almost as
suddenly quitting them, is keeping its
eye peeled on the RKO experiment.
The Rochester, which has the largest
stage here, tried vaude several times
before and gave it up.
The Palace, Regent, Century and
Capitol now are controlled by Comer-
ford, who also is bidding against
Schine to buy the Fennyvessy houses,
Monroe and Madison, two biggest
neighborhoods in the city. The Pal-
ace has boosted its payroll to 75 men,
has hired Russ Kahn as orchestra
leader, and has recalled Charles Cole
as stage manager and Tom Grierson
as organist.
Powers to Conduct
Vigorous Campaign
William T. Powers, who was re-
cently nominated as the Republican
candidate for attorney general of New
York State, is preparing a vigorous
campaign for the coming election.
Powers is well known in film cir-
cles, having been associated with Fox
West Coast in Los Angeles for a
number of years. He recently was
transferred to New York to handle
code matters in connection with
F.W.C. He makes his offices at the
Fox home office, which is also eastern
headquarters for F.W.C.
Johnson in Store Talk
General Hugh S. Johnson will speak
at Hearn's department store this
morning at the conclusion of the cele-
bration of its 107th anniversary'- The
former NRA administrator's talk,
which will last a half hour, will be
broadcast over a nationwide hookup.
Kuykendall Off Today
Ed Kuykendall leaves for Memphis
today. He was delayed yesterday by
the Los Angeles clearance and zon-
ing hearing. The M. P. T. O. A.
head was one of the three members
of the appeal committee hearing,
which took two days.
Fox Signs Composers
Hollywood, Oct. 4.— Fox has
signed Ray Henderson, composer, and
Ted Koehler, lyricist, to join the music
department.
FOOTBAL
—AND JUST JN TIME FOR YOU ! - .
THRILLING ROUSING MUSICAL FEATURE IN THE COLLI
SPIRIT WHEN THE WHOLE COUNTRY IS IN FEVER. H
YING, PRACTISING AND TALKING FOOTBA
CO
.1
TWO REELS
OF SOUL-STIRRING
BLOOD-POUNDING ENTERTAIN-
MENT YOUR AUDIENCES WILL
STAND UP AND CHEER I
Featuring
HAL ROBERTS
And his Famous
TROJAN BAND
I
w
20
MOTION PICTURE
DAILY
Friday, October 5, 1934
Hollywood Personals
Hollywood, Oct. 4. — Al Kaufman celebrated his birthday with
a big party given by the Carl Brissons . . . and the Frank Tuttles
partied the Bing Crosbys on the occasion of their fourth wedding
anniversary. . . . Dick Powell back from his personal appearance
tour. . . . Mary Boland vacationing in Del Monte. . . . Lee Tracy
off for his first cruise on his new yacht. . . Warner Oland loses
his tonsils in Santa Barbara. . . . Warners borrow Roscoe Karns
from Paramount for "Racing Luck." . . . Fred Keating fully recov-
ered from his recent illness. . . . Ann Dvorak gets the leading role
opposite Rudy Vallee in "Sweet Music" at Warners. . . . Joan
Crawford driving a new roadster, pure white from tip to under.
. . . Oliver Hardy forced Hal Roach's property department to
refill a pool when he plunged in too enthusiastically for scenes in
"Babes in Toyland" with his 200 some odd pounds.
"Belle" Gets
$61,000 for
B'way Start
"Belle of the Nineties" was a
heavy draw at the Paramount las£
week, but did not reach the sensa-
tional hit class, as it has done in
other parts of the country. The take
was $61,000.
"British Agent," at the Strand,
took $41,000, fine money for this
house. The Roxy did well with
"Chu Chin Chow," grossing $32,600
on the week.
"Richest Girl in the World" reached
$70,000 at the Music Hall. The
Capitol had a mild week with "Death
on the Diamond" on the screen and
Jackie Cooper, Ed Sullivan, George
Jessel and others on the stage. The
gross was $37,640.
Estimated takings :
Week Ending Sept. 25:
"AFFAIRS OF CELLINI" (U. A.)
RIVOLI— (2,300). 40c-99c, 3rd week, 7
days. Gross: $15,000.
Week Ending Sept. 26:
"RICHEST GIRL IN THE WORLD"
(Radio)
RADIO CITY MUSIC HALL— (5,945),
35c-$1.65, 7 days. Stage show. Gross:
$70,000.
Week Ending Sept. 27:
"DEATH ON THE DIAMOND" (M-G-M)
CAPITOL— (4,700), 35c-$1.6S, 7 days.
Stage: Jackie Cooper, Ed Sullivan,
George Jessel and others. Gross: $37,640.
"DOWN TO THEIR LAST YACHT"
(Radio)
PALACE— (2,500). 25c-77c, 7 days. Vaude-
ville. Gross: $8,000.
"BELLE OF THE NINETIES" (Para.)
PARAMOUNT— (3,700), 35c-99c. 7 days.
Gross: $61,000.
"CHU CHIN CHOW" (Gaumont British)
ROXY— (6,200), 25c-55c. 7 days. Stage
show. Gross: $32,600.
"BRITISH AGENT" (F. N.)
STRAND— (2,000), 25c-55c, 7 days. Gross:
$41 000
Week Ending Oct. 1:
"SERVANTS' ENTRANCE" (Fox)
MA YFAIR— (2,300), 35e-65c, 7 days.
Gross: $9,300.
"GIFT OF GAB" (Univ.)
RI ALTO— (2,300) , 25c-65c, 8 days. Gross;
$12,000.
Rogers Is $8,000
Smash in Oklahoma
Oklahoma City, Oct. 4. — This
town stops work when a Will Rogers
picture comes to town. Last week the
Midwest topped average by 100 per
cent on "Judge Priest," the take going
tc $8,000.
"Chained" did good business, too,
pulling $6,300 at the Criterion. "Ro-
mance in the Rain" took $2,000 at the
Liberty. The latter take in four days
is average for seven days.
Total first run business was $19,700.
Average is $13,500.
Estimated takings for the week end-
ing Sept. 29 :
"CHAINED" M-G-M)
CRITERION— (1.700), 10c-20c-36c-41c-56c.
7 days. Gross: $6,300. (Average, $5,000)
"JUDGE PRIEST* (Fox)
MIDWEST — (1,500), 10c-26c-36c-56c, 7
days. Gross: $8,000. (Average, $4,000)
"SCARLET EMPRESS" (Para.)
CAPITOL— (1.200). 10c-20c-26c-36c-41c, 7
days. Gross: $2,400. (Average, $2,500)
"ROMANCE IN THE RAIN" (Univ.)
LIBERTY — (1,500), 10c-15c-26c-36c (South-
land Revue on stage) 4 days. Gross: $2,000.
Average week $2,000)
"DUDE RANGER" (Fox)
LIBERTY — (1,500). 10c-15c-26c-36c, 3
days. Gross: $1,000. (Average week $2,000)
"Belle" Leads
Three Detroit
Hits, $28,600
Detroit, Oct. 4. — Three hits in one
week knocked all the local box-office
calculations askew.
"Belle of the Nineties" led the pa-
rade with a take of $28,600 at the
Michigan. This topped normal by
$8,600. "Barretts of Wimpole Street"
was a close second with $16,600 at
the United Artists, over average by
$6,600. "One Night of Love" was
the third smash at $19,600 at the
Fox.
Total first run business was $79,500.
Average is $75,000.
Estimated takings for the week end-
ing Sept. 27:
"CHARLIE CHAN IN LONDON" (Fox)
"THE HUMAN SIDE" (Univ.)
ADAMS— (1,770). 10c-40c. 7 days. Gross:
$4,200. (Average. $5,000.)
"THE DRAGON MURDER CASE"
(Warners)
BROADWAY-CAPITOL— (3.448), 15c-40c.
7 days. Gross: $3,200. (Average. $10.-
(XX). )
"SHE LOVES ME NOT" (Para.)
FISHER — (2.975). 10c-40c. (2nd run). 7
days. Stage: Lee & Rafferty Revue.
Harry Kahne, Peter Higgins, Joe & Jane
McKenna and Ching Ling Foo. Jr. Gross:
$4,900. (Average, $10,000.)
"ONE NIGHT OF LOVE" (Col.)
FOX— (5.100). 15c-65c. 7 days. Stage:
Irene Beasley. in person, Bobby Vernon
Sz Gwen Stone. Hatty Burns and 24 Carla
Torney Girls. Gross: $19,600. (Average.
$25,000.)
"BELLE OF THE NINETIES" (Para.)
MICHIGAN— (4.100), 15c-65c. 7 days.
Stage: Lewis % Moore, Reiss Vn, Dunn.
Cookie Bower and the Gertrude Hoffman
Girls. Gross: $28,600. (Average, $20,000.)
"SHE LOVES ME NOT" (Para.)
"NOTORIOUS SOPHIE LANG" (Para.)
STATE— (3.000). (2nd run). 10c-35c. 7
days. Gross: $2,400. (Average. $5,000.)
"BARRETTS OF WIMPOLE STREET"
(M-G-M)
UNITED ARTISTS-(2,070). 15c-S0c. 7
days. Gross: $16,600. (Average, $10,000.)
Clark Is Reelected
Film Carriers Head
Detroit, Oct. 4. — James P. Clark
was reelected president and treasurer
of National Film Carriers, Inc., at
the closing session of the two-day
convention here.
Other officers reelected were : Vice-
President, Harold C. Robinson; sec-
retary, Clint Weyer ; executive com-
mittee, George F. Callahan, Clark, L.
C. Gross, Harold C. Robinson and
John Vickers.
The convention decided to main-
tain a representative in Washington
to fight road and gas taxation.
West Strong
As Heat Hits
Los Angeles
Los Axgeles, Oct. 4. — One of the
hottest spells recorded for this sea-
son in many years, plus the opening
of the football season and Sunday
professional football, affected box-of-
fice intakes considerably.
The Paramount dropped to $21,780
on the second week of "Belle of the
Nineties." but this was still $3,780
over normal. All other first runs
were below par, however.
Total first run business was $66,-
180. Average is $69,200.
Estimated takings for the week end-
ing Oct. 3 :
"JUDGE PRIFST" (Fox)
LOEWS STATE— (2.413), 30c-55c. 7
davs. Gross: $14,300. (Average. $14,000.)
"BELLE OF THE NINETIES" (Para.)
PARAMOUNT— (3.595), 30c-55c. 2nd
week, 7 days. Stage: Al Lyons and his
Ambassadors. F. M. revue. Gross: $21,-
780. (Average. $18,000.)
"THE FOUNTAIN" (Radio)
RKO— (2.700). 25c-65c. 7 davs. Gross:
$6,600. (Average. $8,000.)
"BULLDOG DRUMMOND STRIKES
BACK" (U. A.)
UNITED ARTISTS— (2.100). 30c-55c. 2nd
week. 4 days. Gross: 4.800.
"THE FOUNTAIN" (Radio)
WARNER BROS. (HOLLYWOOD)-
O000). 25c-65c. 7 davs. Gross: $8,200.
CAverage. $14,000.)
"HOUSE WIFE" (Warners)
"THE DEFENSE RESTS" (Col.)
WARNER BROS. (DOWNTOWN)—
C3.400), 25c-40c. 7 days. Gross: $6,700.
(Average. $12,000.)
"CHARLIE CHAN IN LONDON" (Fox)
"REDHEAD" (Monogram)
PANTAGES— (3.000), 25c-40c. 7 days.
Gross: $3,800. (Average. $3,200.)
Survey Shows Films
Third as Recreation
Surveys conducted by the National
Recreation Ass'n. of New York in 29
cities indicate that films rank third as
a form of entertainment for 5,002
persons reporting.
Of this total 3,977 preferred read-
ing newspapers and masrazines, 3,955
?ive the radio as their favorite form
of entertainment, and 3,670 listed
themselves as film fans above all ^1«e.
Dover Honors Nugents
Dover, O., Oct. 4. — This town has
honored its best known family, the
Nugents. A referendum to pick a
name for the old Ohio theatre re-
sulted in an overwhelming majority
for Nugent.
West Opus Is
$14,000 Wow,
Kansas City
Kansas City, Oct. 4. — "Belle of the
Nineties" gave the Newman one of
its big takes of the year, garnering
§14,000 in eight days and an all-night
opening show. "The Barretts of
Wimpole Street" sent the Midland's
figure to $15,000, high for the week.
The Tower nabbed $8,800 with
"Gift of Gab" and a stage show, while
"Cat's Paw" did an average §3,400 in
a second stanza at the Uptown. "The
Richest Girl in the World," the Main-
street's attraction, together with the
Ross-McLarnin fight pictures and
"La Cucaracha," trailed at $5,000.
Total first run business was $46,200.
Average is $36,500.
Estimated takings :
Week Ending Sept. 27:
"THE RICHEST GIRL IN THE WORLD"
(Radio)
ROSS-McLARNIN FIGHT (Oliver)
MAIN STREET — (3,100). 25c-40c, 7 days,
plus Saturday late show. Gross: $5,000.
(Average, $7,000)
"THE BARRETTS OF WIMPOLE
STREET" (M-G-M)
MIDLAND— (4,000), 25c-40c, 7 days, plus
Saturday midnight show. Gross: $15,000.
(Average, $11,000)
"BELLE OF THE NINETIES" (Para.)
NEWMAN— (1,800), 25c-40c. 8 days, plus
opening all-night show and Saturday mid-
night show. Gross: $14,000. (Average,
$8,000)
"GIFT OF GAB" (Univ.)
TOWER— (2,200), 25c-35c, 7 days, plus
Saturday midnight show. Stage: "Bits of
Broadway" revue, with Johnny Lee and
Three Lees, Gresham & Blake, Ralph
Olsen & Co., Frank Sterling, Clarence
Stroud. Gross: $8,800. (Average. $7,000)
Week Ending Sept. 28:
"THE CAT'S PAW" (Fox)
L I'TOWN— (2,000), 25c-40c, 7 days, 2nd
week. Gross: $3,400. (Average, $3,500)
"Limberlost" Gets
$6,000, 2nd Week
Portland, Oct. 4. — "The Girl of
the Limberlost" was a surprise draw
in its second week at the Broadway.
It was still over normal by §1,000 on
a S6.000 gross.
The only other attraction in town
to show strength was "Now and For-
ever," wTith Hermie King and his band
on the stage. The take was $6,000.
"Dames," in its fourth week, was still
running along in good shape with a
$2,000 take. It was moved to the Blue
Mouse.
Total first run business was $23,600.
Average is $21,800.
Estimated takings for the week end-
ing Sept. 28:
"THE GIRL OF LIMBERLOST"
(Monogram)
BROADWAY — (1,912). 25c-35c-40c, 7
davs. 2nd week. Gross: $6,000. (Average,
$5,000)
"DAMES" (Warners)
BLUE MOUSE— (669), 25c. 4th week, 7
days. Gross: $2,000. (Average, $1,800)
"NO RANSOM" (Liberty)
HAMRICK'S MUSIC MOX— (2,000). 25c-
35c-40c, 7 davs. Stage show. Gross: $2,800.
(Average. $3,000)
"THE LIFE OF VERGIE WINTERS"
(Radio)
HAMRICK'S ORIENTAL — 25c, 7 davs.
Gross: $1,800. (Average. $2,000)
"NOW AND FOREVER" (Para.)
PARAMOUNT — (3,008), 25c-35c-40c, 7
days. Stage: Hermie King and Band.
Gross: $6,000. (Average, $5,000)
"COUNT OF MONTE CRISTO" (U.A.)
UNITED ARTISTS— (945), 25c-35c-40c-
55c, 7 days. Gross: $5,000. (Average, $5,000)
". . . THE BOX OFFICE
DRAW SHOULD BE THE
ONLY MEASURING
STICK FOR TALENT"
— Eddie Cantor
This "stick" has been a silent but potent measure
of Hollywood salaries for a long time. The
triumph or disappointment of expensive produc-
tions at the point of public response, measured in
cold hard figures, is an unfailing criterion of all
creative talent-writers, actors, directors, tech-
nicians and, in a very real sense, of producers
and executives whose judgment dictated the type
of story, its treatment, assembled the cast who
gave it being, and its costs.
MOTION PICTURE HERALD and MOTION
PICTURE DAILY, long aware of the signifi-
cance of box office reports, have made them an
exclusive weekly and daily feature, published
without comment. Now the editorial and statis-
tical facilities of both publications have com-
bined to issue the first annual BOX OFFICE
CHECK-UP, a summary, with comment, of box
office reports and other factors that have con-
tributed to screen triumphs of the past twelve-
month. For the first time there is being set up an
annual record and reference medium to serve pro-
ducer, distributor and exhibitor alike, to measure
the possible returns of the future by common-
sense values of the immediate past.
Notable among the features to be presented in
the BOX OFFICE CHECK-UP is a list of all
Box Office Champions from August 1933 to July
1934 — the big money makers of that time with
names and duties of the personnel engaged in
their production, including all whose genius com-
bined artistic accomplishment with great box
office values.
BOX OFFICE CHECK-UP
OF 1934 • QUIGLEY PUBLICATIONS • 1790 Broadway • New York City
FAMOUS WIENER (SCHNITZEL) SURGEON
EXPLAINS HOW TO INJECT
VITAMIN A'
Ip-O-of You S-HOOS7"
MAKe DEM If Ff fl3Q)\
)IS9I?IBD0W,AL15EDDY7'
says Dr. Hofbrau, noted sci- ~4
entist who discovered how to
make beer with foam on
the bottom.
INTO THE
BOX
OFFICE
RIGHT HERE
is where the laughs begin
in this "intimate revue", the
funniest, fastest, girliest short
comedy that has come out of
Hollywood in many a moon...
A MUSICAL COMEDY J
Written and Directed by LEIGH JASON
Songs and lyrics by
WILL JASON and VAL BURTON
Dance Director, ALEXANDER OUMANSKY
"THE SPICE OFTHE PROGRAM"
I Distributed in U.S.A. by FOX Film Corporation
The Leading
Newspaper
of the
Motion
Picture
Industry
MOTION PICTURE
DAILY
Alert,
Intelligent
0m l|JI
Faith fut'j m
Service to*
the Industry
in All
Branches
VOL. 36. NO. 82
NEW YORK, SATURDAY, OCTOBER 6, 1934
TEN CENTS
No New Lease
On Music HaU
Is Looked For
RKO May Simply Supply
Product Hereafter
That a new lease on the Music Hall
may not be entered into between RKO
and Rockefeller Center appeared like-
ly yesterday as negotiations which
have been in progress between the
two organizations for almost two
months past appeared to have reached
a stalemate.
RKO's lease on the Music Hall
expired Sept. 1 and discussions of a
renewal which were begun prior to
that date have been continued almost
daily until recently. It is understood,
(Continued on page 3)
Loew-RKO Deal on
Product Effective
Having effected a settlement on the
local product situation, as reported
exclusively in Motion Picture Daily
yesterday, the arrangement between
Loew's and RKO goes into effect
immediately.
Under the terms of the deal, Loew's
will select five Universal pictures for
(Continued on page 3)
"IF in Rush; Three
Going, 8 to Start
Hollywood, Oct. 5. — October ushers
in the busiest production schedule at
Universal within the past three years
with three pictures in production and
(Continued on page 3)
Ostrer Explains
By BRUCE ALLAN
London, Oct. 5. — Isidore
Ostrer, president of Gaumont
British, declares in an offi-
cial statement that he never
contemplated relinquishing
control of the company, but
had in mind a fusion of in-
terests.
The impression prevails
here that the deal with
B.IP. failed because of in-
ability to agree upon the
price, particularly the
amount involved in liquidat-
ing director contracts.
It is not safe to assume
the discussions will not be
resumed.
Find Zoning Halted by Legal
Quibbling; Lawyers Squelched
Legal minds employed by exhibitors and distributors to handle
clearance and zoning and grievance cases before the New York
boards are being cautioned to stop wasting time with technicali-
ties. Members of the boards find that when the lawyers get to-
gether in the sessions too many technical points are brought up
which retard progress of the hearings.
At a session of the local clearance and zoning board early this
week, Joe Lee, Fox New York exchange manager, found that the
hearing was cluttered with lawyers. He asked the parties in-
volved to cut out legal phraseology and get down to simple facts.
Leon Rosenblatt also objected to protracted legal orations and
questioning.
One of the members of the board noticed John C. Flinn in the
audience and wanted to call on him for a clarification, but Lee
would not permit it, stating Flinn was attending the session as
an observer and not as an interpreter of the code.
The meeting finally got down to order, but at that the case
was drawn out to the extent that an adjourned hearing was
ordered for Monday.
Allied Now in 32 States;
More Brewing — Samuelson
With the addition of the G.F.T.A.
Independent Theatre Owners A'ssn
to its roster, Allied now has units cov-
ering 32 states, Sidney Samuelson,
president, stated yesterday upon his
return from Atlanta. He stated the
Atlanta organization covers four
states.
"We are not through with our ex-
pansion plans yet and will not be until
we have complete coverage in the
United States," Samuelson added.
"There are only 16 more states to be
lined up and we cannot tell yet when
our job will be completed."
Samuelson plans to attend the con-
tention of the Michigan unit, which has
been postponed because of code prob-
lems which affect the unit and which
have to be disposed of before the
meet. The appeal hearing on the
Detroit clearance and zoning schedule
has been postponed because of the
World Series.
Stock Units Again
Philadelphia Worry
Philadelphia, Oct. 5. — Exhibitors
will be faced this year with an ag-
gravation of low box-office scales. In
addition to the Broad and Erlanger
theatres, the Walnut will reenter the
(Continued on page 3)
Davis Made Head of
Western Penn MPTO
Pittsburgh, Oct. 5. — William Davis
of the Liberty has been named head
of the M.P.T.O.A. in this section. He
succeeds Dr. Herman of Carnegie.
All of the other M.P.T.O.A. of-
(Continued on page 4)
MPTO A Men Gather
For Memphis Meet
Memphis, Oct., 5.— M.P.T.O.A.
leaders are scheduled to arrive here
tomorrow for the annual convention
of M.P.T.O. of Arkansas, Mississippi
(Continued on page 4)
Gaumont Dickering
For Three Players
Gaumont British has negotiations
under way for three American stars
for future productions. Michael Bal-
con yesterday held a telephone con-
versation with Myron Selznick, of
(Continued on page 4)
Clearance May Be
Sent Back to L. A.
After three days of hearings, a
Campi appeal committee ended discus-
sions yesterday on the Los Angeles
clearance and zoning schedule. It is
understood that the plan will be sent
(Continued on page 4)
Not to Resign Now,
Asserts Rosenblatt
San Francisco, Oct. 5. — Division
Administrator Sol A. Rosenblatt indi-
cated here today in private conversa-
tions prior to his address before the
(Continued on page 4)
Schenck Sees
Sinclair As
Film Menace
Says Producers Would
Have to Quit Coast
Election of Upton Sinclair as gov-
ernor of California would be a blow
that the indus-
try could not
stand), declared
Joseph M.
Schenck, presi-
dent of United
Artists, upon
his arrival at
Newark Air-
port from Flor-
ida and Mexico
yesterday. The
industry would
be forced to
move elsewhere
if Sinclair
should attempt
to carry out his
Socialistic taxation plan, he insisted.
His remarks were in explanation of
a statement made the day before in
(Continued on page 3)
Joseph M. Schenck
Small Working on
Two Coming Films
Edward Small, vice-president in
charge of production for Reliance
Pictures, is concentrating on two
stories at present, and expects to re-
turn to the coast in a week or 10 days
to get production under way. One is
(Continued on page 3)
"Barretts'' Capitol
Hit; Gets $65,860
Chalking up the largest gross in 10
months, the Capitol garnered $65,-
860 on the first week of "Barretts of
(Continued on page 4)
Platinums Out
Hollywood, Oct. 5.— Color
pictures are going to be hard
on platinum blondes, says
Robert Edmond Jones, Radio
designer, who is now work-
ing on sets for "Becky
Sharp," which is to be done
in the three-color Techni-
color process.
They just won't photo-
graph, says Jones. Regular
blondes will be all right.
MOTION PICTURE
DAILY
Saturday, October 6, 1934
MOTION PICTURE
DAILY
(Registered U. S. Patent Office)
Vol. 36
October 6, 1934
No. 82
Martin Quigley
Editor-in-Chief and Publisher
MAURICE KANN
Editor
JAMES A. CRON
Advertising Manager
Published daily except Sunday and holi-
days by Motion Picture Daily, Inc., sub-
sidiary of Quigley Publications, Inc.,
Martin Quigley, President; Colvin Brown,
Vice-President and Treasurer.
Publication Office: 1790 Broadway, New
York. Telephone Circle 7-3100. Cable ad-
dress "Quigpubco, New York." All con-
tents copyrighted 1934 by Motion Picture
Daily, Inc. Address all correspondence to
the New York Office. Other Quigley pub-
lications: MOTION PICTURE HERALD
BETTER THEATRES, THE MOTION
PICTURE ALMANAC and THE CHI-
CAGOAN.
Hollywood Bureau: Postal Union Life
Building, Vine and Yucca Streets, Victor
M. Shapiro, Manager; Chicago Bureau: 407
South Dearborn Street, Edwin S. Clif-
ford, Manager; London Bureau: Remo
House, 310 Regent St., London, W. 1,
Bruce Allan, Representative. Cable address:
"Quigpubco, London"; Berlin Bureau:
Berlin-Tempelhof, Kaiserin-Augustastrasse
28, Joachim K. Rutenberg, Representative;
Paris Bureau: 19, Rue de la Cour-des-
Noues, Pierre Autre, Representative; Rome
Bureau: Viale Gorizia, Vittorio Malpassuti,
Representative; Sydney Bureau: 102 Sus-
sex Street, Cliff Holt, Representative; Mex-
ico City Bureau: Apartado 269, James
Lockhart, Representative; Glasgow Bureau:
86 Dundrennan Road, G. Holmes, Repre-
sentative; Budapest Bureau: 3, Kaplar-u,
Budapest, II, Endre Hevesi, Representa-
tive; Moscow Bureau: Civtzev Vrazhek, N.
25, Apart. 146, Moscow, U. S. S. R., Bella
Kashin, Representative. Cable address:
Samrod, Moscow.
Entered as second class matter, January
4, 1926, at the Post Office at New York
City, N. Y., under Act of March 3, 1879.
Subscription rates per year; $6 in the
Americas, except Canada $15 and foreign
$12. Single copies: 10 cents.
"Nabes" Complain
Grosses Are Down
Local theatre business is off with
current receipts in the Randforce cir-
cuit of 49 houses shy 20 per cent as
against July, Sam Rinzler, partner
with Louis Frisch, stated yesterday.
Rinzler could not explain the rea-
son for the drop of box-office returns,
but says the complaint is general with
local independents. He asserted that
the run of pictures may be responsible.
Para. Sets Two Titles
Hollywood, Oct. 5. — "Behold My
Wife" has been definitely set as the
title for Sylvia Sidney's next for
Paramount. The working title has
been "Red Woman."
George Raft's next will be released
as "Limehouse Blues." Up to the
present it has been called "Limehouse
Nights."
Goldberg Goes to Phila.
Lou Goldberg leaves for Philadel-
phia today to handle advance cam-
paigns on "Chu Chin Chow," which
opens at the Fox on Oct. 12, and
"Power," opening Oct. IS at the
Locust for an indefinite run.
Get Raft for One
Hollywood, Oct. 5. — Columbia has
borrowed George Raft for one picture
from Paramount. Raft's assignment
has not yet been set.
WhatN. Y. Critics Think
"A Lost Lady"
( Warners)
American — ***holds particular appeal for
the feminine contingent although the fine act-
ing of the cast's principals in the expert,
suspenseful direction of Alfred E. Green
provide magnets to attract any movie- goer
of adult age.
Daily Mirror — Barbara Stanwyck has such
great skill that the most commonplace
story becomes gripping drama. She
makes "A Lost Lady" an absorbing pic-
ture. There is little to it, as a movie, but
Barbara makes what little there is impor-
tant.
Daily News — The character and locale of
the story are completely changed and only
the main situation of the drama is left
in the new version.***
But aside from the fact that the film
version of "A Lost Lady," which is now
on view at the Strand Theatre, is not
Willa Cather's Marian Forrester, Barbara
Stanwyck's acting of the title role is some-
thing worth going out to see.*** The bal-
ance of the cast is good and Alfred E.
Green's direction is smooth and well
timed.
Evening Journal — ***the author will prob-
ably never recognize it, but, retaining the
title, Scenarists Gene Markey and Kath-
ryn Scola have turned out an interesting
vehicle for Barbara Stanwyck.
Sun — ***a bit of heavy and somewhat
dismal drama about a disillusioned girl
and her marriage made for gratitude
rather than love.***Barbara Stanwyck, as
usual, almost saves the day by giving
one of her earnestly honest performances.
Times — ***the particular charm of Miss
Cather's work was her method, and that
has been rather definitely lost in the proc-
ess of transition to the screen. ***it sim-
mers down to that, finally, with Barbara
Stanwyck. Frank Morgan and Ricardo Cor-
tez to make a competent, unexciting and
familiar movie of it.
World-Telegram — The acting of the entire
cast, and especially of the four princi-
pals, is excellent, but "A Lost Lady," I
fear, is a fine novel gone wrong on the
screen.
"Wagon Wheels"
{Paramount)
American — A good, old "Western" thril-
ler, the newcomer to the Mayfair screen,
holds all the ingredients of the outdoor
opera.
Daily News — This films is not very rapid,
but the pace it sets is easily enjoyed.
Sun — It is a well-made, nicely photo-
tographed piece, written and directed with
a lack of originality that will probably
insure its success. The pattern of its
story is pure Zane Grey. The pattern of its
from the given road. But it has the
straight melodramatic thrills of silent pic-
ture days.
Times — The film does possess much that
is interesting and entertaining. The re-
grets are mostly for what it might have
been.
Abelson Quits World
Omaha, Oct. 5. — Art Abelson has
resigned as manager of the World,
an A. H. Blank first run, to take
a partnership in the new Roxy in
Glasgow, Mont. The house was re-
cently completed to meet the boom
expected to result there from the
Peck Dam, Government project now
under way. His successor at the
Blank house has not been named yet.
Abelson leaves for his new post to-
morrow.
Anna Sten at Music Hall
Anna Sten is scheduled to arrive in
town to make a personal appearance
at the Music Hall, Nov. 1 in conjunc-
tion with the opening of her picture,
"We Live Again."
Lubitsch in on Monday
Hollywood, Oct. 5. — Ernst Lu-
bitsch, director of "The Merry
Widow," leaves here by plane Sun-
day for New York to attend the open-
ing of the picture at the Astor there
on Oct. 11.
Leontine Sagan on Coast
Hollywood, Oct. 5.— Leontine Sa-
gan, Europe's foremost woman direc-
tor, has checked into Hollywood to
start a long term contract with
M-G-M. She has received no definite
assignment.
Ramon Novarro arrived here at the
same time, concluding a concert tour.
Three Booked at Para.
Following the third week of "Belle
of the Nineties," the Paramount has
booked "Now and Forever," which
is expected to go three weeks ; "Mrs.
W iggs of the Cabbage Patch," sched-
uled for two weeks, and "College
Rhythm," penciled in for a fortnight.
Portland House Opens
Portland, Ore., Oct. 5. — John
Hamrick's new Orpheum opened to-
day to capacity business with "Young
and Beautiful" on the screen. The
take was $2,000. The gross for the
opening day of Will Rogers' "Judge
Priest" at the Paramount was $2,000.
Better Tone in Big Board Trading
Net
High Low Close Change
Columbia Pictures, vtc 35K 3554 3554 +154
Consolidated Film Industries, pfd 14 1354 14 + 54
Eastman Kodak 10054 9954 10054 +154
Fox Film "A" 1254 1154 1154 + 54
Keith-Albee-Orpheum 3554 3554 3554 + Yi
Loew's, Inc 2954 2854 29 + %
M-G-M, pfd 26 26 26 + 54
Paramount Publix, cts 4% 454 454 + 54
Pathe Exchange 154 154 154
RKO 2'/2 254 254 —54
Warner Bros 554 4% 554 + 54
Technicolor Advances % on Curb
Net
High Low Close Change
Technicolor 1254 12 1254 + V%
Bonds Show Upward Trend
Net
High Low Close Change
General Theatre Equipment 6s '40 6^4 654 634+54
General Theatre Equipment 6s '40, ctf 654 654 654 — 54
Loew's 6s '41, ww deb rights 10254 10154 102 + 54
Paramount Broadway 554s '51 42 4V/g 42 +1
Paramount F. L. 6s '47 6054 60 6054 + Yz
Paramount Publix 554s '50 61 6054 6054 + 54
Pathe 7s '37, ww 9854 97% 9854 +54
Warner Bros. 6s '39, wd 6154 61 6154 +154
Sales
500
1,100
1,100
1,900
100
7,300
100
21,300
1,200
300
5,500
Sales
1,300
Sales
1
5
9
2
15
10
50
< Purely
Personal ►
L7 D KUYKENDALL left for his
l—4 Columbus, Miss., home yesterday
prior to attending the Tri-States M. P.
T. O. convention which opens at
Memphis tomorrow.
Polly Walters, stage player
signed to a long-termer by Universal,
leaves for the coast tomorrow for the
title role in "Princess O'Hara."
Dave Palfreyman left for the
southwest yesterday on a three weeks'
tour which will include attendance at
several exhibitor conventions.
Arthur Somers Roche's "Star at
Midnight" has been bought by Radio.
William Powell will be starred.
S. Barrett McCormick transferred
his office yesterday to the quarters
formerly occupied by Bob Sisk.
Mrs. Val Lewton has joined her
husband on the coast. He is an
M-G-M writer.
George Bricker's original, "Sport
Page," has been bought by Warners.
Phyllis Fraser, cousin of Ginger
Rogers, has been signed by Radio.
Jack Ellis' latest song is "Havana
in Cuba."
Evangelical Church
Denounces Industry
Akron, O., Oct. 5. — The screen
was denounced as a moral menace in
a message from the bishops of the
Evangelical Church read here today at
the 31st general conference of the
church. Their comment follows :
"Abnormal sex life, free love
marital infidelity, wild scenes in night
haunts, free indulgence in intoxicating
liquors, cigarettes, the gun, murder,
scenes of actual crime in the most
thrilling fashion has set before the
eyes of youth and age alike as food
for the mind and ideals to be reenacted,
a thinly veiled invitation of the pro-
moters in Hollywood to 'go thou and
do likewise.'
"Unchecked and uncondemned,
many of the promoters in Hollywood
and elsewhere would have it so, and
their nefarious institution might well
be designated as a 'billion dollar filth
mill.' "
Quakers for Clean Films
Richmond, Ind., Oct. 5. — Indecent
films were rapped here by the Quakers
at their Indiana yearly meeting. They
adopted a resolution pledging them-
selves to aid the Legion of Decency.
Copies will be sent to Will H. Hays.
S trickling Goes West
Howard Strickling, M-G-M studio
publicity head, left for the coast by
plane yesterday and arrives in Holly-
wood this morning. Louis B. Mayer
and Sam Katz are due on the coast
Monday.
George K. Arthur Back
George K. Arthur returned from
Europe yesterday and plans to leave
for the coast some time next week.
He will remain in New York sev-
eral days discussing deals for plays
on which he holds options.
Saturday, October 6, 1934
MOTION PICTURE
DAILY
Schenck Sees
Sinclair As
Film Menace
(Continued from page 1)
Miami that United Artists might be
forced to move to Florida.
"Personally I am doing everything
in my power to oppose his election,"
Schenck continued, "and I think it the
part of wisdom for the industry as a
whole to get in back of the opposi-
tion."
Sinclair stands an excellent chance
of winning, in Schenck's opinion.
"He won't become a Democrat or
a Republican if he wins," said the
United Artists head. "He'll be a So-
cialist as he always has been, and if
he gets a big majority, the Legislature,
in fear of public sentiment, will do his
bidding."
Asked if he thought production
could be switched to New York on a
large scale, he said he believed not.
Rules Out New York
"It's a business that requires con-
centration of talent and facilities in
a small area. It can't get this con-
centration in New York. Anyway, an
important element in the Florida sit-
uation is the fact that influential men
there have assured me it would be
possible to secure tax exemption for
a period of 15 years."
Accompanied by Douglas Fair-
banks, Schenck flew in from Mexico,
via Yucatan and Cuba to Miami. His
plane left Miami Thursday morning,
but was held overnight in Charles-
ton, S. C, by fog. The Mexico City
visit was for the purpose of at-
tempting to influence the Mexican
Government not to impose a 10 per
cent gross tax now pending. He
conferred with the President of Mex-
ico and other Government officials
while there and feels hopeful that the
tax will be sidetracked.
Schenck expects to stay in New
York about four weeks. He will
meet Merle Oberon, English actress,
' to whom he is engaged, when she
| arrives here on her way to the coast.
Fairbanks Says Little
Fairbanks was non-committal. He
I hurried away from news photograph-
ers, but paused long enough in the
airport office to say that he would
probably be in New York a week,
gt He is still considering his plans to
n make a Chinese picture, he said. He
;. also has received many requests to
. remake "The Mark of Zorro" and is
giving this some thought.
; Both Schenck and Fairbanks said
there was no significance in the dis-
solution of Art Cinema.
"It simply didn't make money,"
Schenck explained. "It was one _ of
the producing units distributing
through United Artists like 20th Cen
tury, Reliance and Goldwyn."
A. C. Blumenthal, one of the wel
coming group, said nothing definite
had been done about his tentative
plans for producing for United Art-
ists' • release.
Others who greeted the fliers were:
' Joseph Moskowitz, vice-president of
;U. A.; Edward Small, vice-president
M Reliance Pictures ; Arthur Steb
bins ; Harry D. Buckley, vice-presi
dent in charge of U. A. theatres ; Den
ibis F. O'Brien of O'Brien, Driscoll
it
MOTION PICTURE DAILYS
HOLLYWOOD PREVIEW
"Firebird"
(Warners)
Hollywood, Oct. 5. — A first-rate murder mystery.
The story concerns an actor (Ricardo Cortez) found dead in his apart-
ment following visits from several of his friends. Every tenant in the
building is suspected, including a husband and wife (Lionel Atwill and
Verree Teasdale), their daughter (Anita Louise), her governess
(Helen Trenholme), the valet (Hobart Cavanaugh), the manager of the
building (Robert Bar rat), the dead man's ex-wife (Dorothy Tree) and
the night porter (Spencer Charters)
To make things tougher for Inspector C. Aubrey Smith a lady who
could not have possibly committed the crime confesses, evoking the
question: "Whom is she shielding?"
The solution brings in more than enough elements of suspense and
surprise to provoke plenty of audience interest.
Director William Dieterle does not allow the action to lag.
The cast is excellent, particularly the Misses Teasdale and Louise,
to whom the story gives the most opportunities. Etienne Girardot, as
an erratic professor, contributes one of the funniest comedy bits in some
time.
The photography of Ernest Haller is good.
This film should do well in spots where fans like their mysteries
sophisticated.
Code seal number 233. Running time, 75 minutes.
& Raftery; John Myers, London
Films, and Harry M. Goetz, presi-
dent and treasurer of Reliance Pic-
tures.
Small Working on
Two Coming Films
(Continued from pane 1)
"Beau Brummel" and the other is
"Gungha Din."
Writers are busy on both. Sam
Wood has been signed to direct one
and probably will get the Kipling
story. He may send a cameraman to
India to get some atmospheric shots,
he says, but the picture will be made
in Hollywood.
Small has no present plans for east-
ern production, he says, as he thinks
coast facilities are superior.
"If a story should develop that
seemed better fitted for New York
studios than the coast, I wouldn't
hesitate to do it," he added.
Details of the "Beau Brummel"
story have not been set. Robert Donat
will play the lead. Warners made
"Beau Brummel" 10 years ago, Small
said, but they own the Clyde Fitch
play done by Richard Mansfield. The
title and the story of Brummel's life
are in the public domain, he stated.
Stock Units Again
Philadelphia Worry
(Continued from page 1)
field on Oct. IS with traveling stock
as part of the new eastern circuit be-
ing launched by Ivan Cedar. First at-
traction will be "She Loves Me Not."
The Broad and Erlanger, operated
by Samuel F. Nixon-Nirdlinger began
to use Wee & Leventhal productions
last season at the beginning of the
year and ran through five months of
topnotch business with a series of
shows which sold most of these seats
in the neighborhood of 40 cents. The
scale reached to two dollars, but there
were very few seats or sales at the
higher figure.
This year, the Broad is now in its
second week of capacity business with
a traveling stock production of "Pur-
suit of Happiness" with at least two
more weeks to go, while the big Er-
langer, which opened this week, is do-
ing good business with "Mrs. Quincy
Mollis." Both houses have a long
list of bookings, with productions be-
ing built quickly whenever the current
attraction falters.
"U"in Rush; Three
Going, 8 to Start
(Continued from page 1)
eight scheduled to begin within the
next 30 days. Shooting are : William
Wyler's production, "The Good
Fairy" ; "Night Life of the Gods,"
being directed by Lowell Sherman ; and
"The Man Who Reclaimed His Head,"
starring Claude Rains.
Scheduled to begin within the next
few weeks are : two Ben F. Zeidman
productions, "Straight From the
Heart" and "I've Been Around" ;
Stanley Bergerman's "Strange Wives" ;
Edmund Grainger's "Mystery of Ed-
win Drood" ; a Buck Jones feature as
yet untitled; the third 15-chapter se-
rial on the current schedule to be di-
rected by Louis Freidlander ; a Zoe
Akins story to be directed by How-
ard Hawks ; and Murray Roth's "Mr.
Dynamite."
Fight Films Near School
License Commissioner Paul Moss
was asked yesterday by the Commu-
nity Councils of the City of New
York to grant the request of the prin-
cipal of Erasmus Hall, Brooklyn,
that a license be denied a new Trans-
Lux house being built near the school.
Holds Bobby Connolly
Hollywood, Oct. 5. — First National
has placed Bobby Connolly, dance
director, under a long term contract.
No New Lease
On Music Hall
Is Looked For
(Continued from page 1)
however, that current discussions no
longer contemplate a lease renewal,
but center for the most part about
RKO's future status in association
with the house. That there will con-
tinue to be a definite affiliation be-
tween RKO and the Music Hall ap-
pears certain, although that affilia-
tion may be limited to an arrange-
ment which will merely provide the
house with a supply of product.
Operation of the Music Hall in all
essentials would be carried on by the
Rockefeller interests under the imme-
diate direction of W. G. Van Schmus,
whose regime has become more and
more independent of RKO supervision
in recent months. Van Schmus made
an early departure yesterday for a
week-end engagement and could not
be reached for comment on these de-
velopments.
The old RKO lease on the Music
Hall provided for a rental to be paid
to Rockefeller Center after deduction
for operating expenses, maintenance
of a special reserve fund and other
contingencies. The Rockefeller Cen-
ter participation in rents, therefore,
depended entirely upon the profit made
by the house, which, in turn, led to
Rockefeller Center taking a continu-
ally increasing authority over actual
operation of the Music Hall. It is
this situation which now appears to
be relegating an RKO lease on the
house to the discard.
Loew-RKO Deal on
Product Effective
(Continued from page 1)
its houses and turn the rest over to
RKO. No Columbia product changes
hands. Loew's will go through with
its original contract with this dis-
tributor.
Only one of the 11 houses recently
acquired from independent by RKO
is being dropped. That is the Utica,
Brooklyn, which Randforce takes over
Nov. 1. Randforce does not sur-
render any product in acquiring the
theatre. It is simply taking over the
lease. Louis Frisch and Sam Rinzler
have always wanted the house, but
would rather keep it closed. This,
however, cannot be done under the
rental deal with RKO.
Loew's has turned over the Fox
product to 30 RKO houses, but the
recently acquired group is not in-
cluded in the switch.
There will be three sets of first
runs in the uptown situation, the first
group being Loew houses, the sec-
ond, RKO, and the third the Nemo,
Riverside, Stoddard and Beacon.
Skouras is closing the Jap Gardens
and opening the Riviera, in the same
building.
H. L. Tracy Is Injured
Willard, O., Oct. 5.— H. L. Tracy,
local exhibitor, was seriously injured
when his automobile collided with an-
other near here. His condition is con-
sidered critical by hospital author-
ities.
I
MOTION PICTURE
DAILY
Saturday, October 6, 1934
'Cleopatra"
Hits $32,500
For Hub Lead
Boston, Oct. 5. — Grosses showed a
steady gain this week in spite of the
fact that one of the large first runs
was showing a film for the third week
and another for the second week.
Metropolitan was high with "Cleo-
patra," grossing $32,500, or $4,500
above the average. "Charlie Chan in
London" took second honors with
$2,000 above par at RKO Boston.
In its third week, "The Count of
Monte Cristo" at RKO Keith's made
the average of the house, a total for
the three weeks of $50,000, one of the
highest takes ever given a first run
held over for three weeks in Boston.
Total first run business was $102,-
000. Average is $94,000.
Estimated takings for the week
ending Oct. 4:
"CHARLIE CHAN IN LONDON" (Fox)
BOSTON — (2,900) , 25c-50c, 7 days. Vaude.
Gross: $18,000. (Average, $16,000)
"NOW AND FOREVER" (Para.)
"CASE OF THE HOWLING DOG"
(Warners)
FENWAY — (1,800), 30c-50c, 7 days. Gross:
$9,500. (Average, $9,000)
"COUNT OF MONTE CRISTO" (U. A.)
KEITH'S — (3,500), 30c-65c, 7 days, 3rd
week. Gross: $16,000. (Average, $16,000)
"THE BARRETTS OF WIMPOLE
STREET" (M-G-M)
LOEW'S STATE— (3,700), 35c-50c, 7 days,
2nd week. Gross: $16,000. (Average, $16,000)
"CLEOPATRA" (Para.)
METROPOLITAN — (4,350), 30c-65c. 7
days. Ben Blue, Joyce White and Revue.
Gross: $32,500. (Average. $28,000)
"NOW AND FOREVER" (Para.)
"CASE OF THE HOWLING DOG"
(Warners)
PARAMOUNT — (1,800), 30c-50c, 7 days.
Gross: $10,000. (Average, $9,000)
Moore Film Still
Buffalo's Leader
Buffalo, Oct. 5.— "One Night of
Love," doing better in its third than
in its first week, was the town's out-
standing hit, getting $9,300, or $2,800
above first average.
Total take was $46,800. Average is
$44,800.
Estimates for week ending tonight:
"DR. MONICA" (Warners)
BUFFALO — (3,500), 30c-55c, 7 days.
Stage: Bowery Music Hall Follies, with
Corinne, Beef Trust chorus, Four Gay
Blades, Duvall & Tregg. Paul Gordon.
Gross: $14,800. (Average. $14,300)
"THIS MAN IS MINE" (Radio)
"THE PERSONALITY KID" (Warners)
CENTURY— (3,000), 25c, 7 days. Gross:
$5,300. (Average. $6,000)
"BELLE OF THE NINETIES" (Para.)
GREAT LAKES— (3.000), 25c-40c, 7 days,
2nd week. Gross: $S.500. (Average. $10,000)
"COUNT OF MONTE CRISTO" (U. A.)
HIPPODROME— (2,100). 25c-40c, 7 days.
Gross: $8,900. (Average, $8,000)
"ONE NIGHT OF LOVE" (Col.)
LAFAYETTE — (3.300), 25c, 7 days. 3rd
week. Gross: $9,300. (Average, $6,500)
"Transatlantic" Is Title
Reliance's latest production for
United Artists release was previewed
in yesterday's Motion Picture Daily
under the title "Transcontinental
Merry-Go-Round." The title of the
film is "Transatlantic Merry-Go-
Round."
R. J. Minny Coming East
Hollywood, Oct. 5. — R. J. Minny,
author of the book "Clive of India,"
which he has adapted for 20th Cen-
tury for Ronald Colman's use, was
on his way to New York tonight.
Hollywood Personals
Hollywood, Oct. 5. — John Blystone finishes directing "Helldo-
rado," his 63rd for Fox. . . . Joe E. Brown at the World Series. . . .
ditto George Raft. . . . Helen Mack abed with a severe cold. . . .
Leo Carrillo having his yacht shipped from the east. . . . Frank
Borzage shipping his polo ponies to Honolulu where he will vaca-
tion for six weeks. Such worries! . . . Douglas Blackly here from
New York to start a termer with Paramount. . . . Ernst Lubitsch
back on the same lot with no assignment. . . . Henrietta Crosman
moving her makeup kit to Warners to emote in "The Right to
Live." . . . Jesse L. Lasky, Jr.'s third volume of poetry on the
bookstands. The title is "Singing in Thunder." . . . Herbert Mar-
shall getting his teeth overhauled. . . . Radio gives "Little Minis-
ter" a 54-day shooting schedule. That means much money. . . .
"Barretts" Capitol
Hit; Gets $65,860
(Continued from page 1)
Wimpole Street." The picture is be-
ing held over. "Dancing Lady," with
$66,653 for eight days for the week
ending Dec. 7, 1933, was the biggest
take up to Thursday.
"Caravan" at the Music Hall held
to a fair gross with $75,000. "Belle of
the Nineties" fell off to $36,000 on
the second week at the Paramount.
The Roxy with $25,500 on the second
stanza of "Chu Chin Chow" was very
good. "British Agent" at $23,109 for
a second week at the Strand was good,
while "She Loves Me Not" at the
Palace, second run, marked down
$14,000, which is not bad. "Count of
Monte Cristo" took in $36,000 at the
Rivoli during the initial week's run.
Over in Brooklyn, "One Night of
Love" at the Fox tallied $32,000 on
the first seven days and is being held
a second week with a strong possi-
bility for a third week.
Studios Approve 43
Free-Lance Writers
Hollywood, Oct. 5. — Forty-three
free-lance fan writers out of 61 now
carrying credential cards were ap-
proved at the semi-monthly meeting
today of studio publicity directors at
the Hays office. These writers have
been vouched for by their editors.
Jack Lewis read messages from fan
magazine editors offering hearty co-
operation in enforcing the edict, laid
down by the Hays office a month ago,
which set a control over the publica-
tion of material placing the industry
in a bad light.
MPT OA Men Gather
For Memphis Meet
(Continued from page 1)
and Tennessee, which will be held
Sunday and Monday.
Among those expected are Ed Kuv-
kendall, M.P.T.O.A. president; Fred
Wehrenberg, president of the M.P.
T.O. of Eastern Missouri and South-
ern Illinois, and Jack Miller, presi-
dent of the Exhibitors' Ass'n of Chi-
cago. Also expected is David Pal-
freyman, theatre contact for the
M.P.P.D.A. M. A. Lightman, presi-
dent of the Tri-States unit, will pre-
side.
Davis Made Head of
Western Penn MPTO
(Continued from page 1)
ficers were reelected with the excep-
tion of two directors. The two new
members of the board are Guv Ida
of McDonald, Pa. and Bill Walker of
Crafton.
Challenge Contract
On Uncensored Film
Buffalo, Oct. 5. — The legality of
selling pictures before they were
made and hence before they could be
subject to state censorship was ques-
tioned by the losing side in a film
contract suit decided by Justice John
V. Maloney in Supreme Court.
Justice Maloney upheld a contract
executed in October, 1932, between the
Standard Film Exchange of Buffalo and
the Eastwood Amusement Co., Inc.,
of Syracuse, without ruling on the
point raised by Sidney B. Pfeifer,
counsel for Eastwood.
Standard sued to force arbitration,
as provided in the contract. It charged
failure to play contracted pictures in
defendant's Palace Theatre. In his
argument before Justice Maloney on
Sept. 4 and subsequent brief, Attor-
ney Pfeifer cited the censorship
statute in force in 1932 and declared
its terms made it unlawful to sell,
lease or exhibit any picture not
licensed by the censorship division of
the State Department of Education.
FitzPatrick May
Do Metro Feature
Hollywood, Oct. 5. — James A.
FitzPatrick has arrived from the east
to make a Technicolor short on the
life of Schubert for M-G-M. He is
understood negotiating with studio
executives to make one feature and
possibly two following the short.
Gaumont Dickering
For Three Players
(Continued from page 1)
Joyce-Selznick, in Holh-wood on the
stars Balcon has in mind.
A deal for three players is expected
earlv next week.
"Cristo" Pittsburgh Hit
Pittsburgh, Oct. 5. — "The Count
of Monte Cristo" has been breaking
all sorts of records at the Fulton
where a third week has just been an-
nounced. It's the first picture to win
such extended time here in almost two
years.
Opening to the biggest business
since "The Private Life of Henry
VIII," it fell off only a little during
the second week and there is some talk
now that it may even stay a fourth.
Milwaukee Board Meets
Milwaukee, Oct. 5. — The clearance
board today discussed revision of the
local zoning schedule in accordance
with the principles laid down by
Campi. Another meeting will be held
Oct. 11.
Rogers Piles
Up a $10,000
Denver Gross
Denver, Oct. 5. — With three first
runs going strong and two held over,
business in the downtown sector has
some of the appearance of a boom.
"Judge Priest" led the parade with
a $10,000 gross at the Denver which
topped par by $4,000. "Belle of the
Nineties" had a big second week at the
Denham with $6,000, and "Count of
Monte Cristo" was 100 per cent over
normal at $5,000 in the Aladdin.
Total first run business was $25,500.
Average is $20,500.
Estimated takings for the week end-
ing Oct. 4:
"COUNT OF MONTE CRISTO" (U. A.)
ALADDIN — (1,500,), 25c-35c-50c, / days.
Gross: s5,u00. (Average. $2,500,1
"BtLLE OF THE NINETIES" (Para.)
DENHAM — (1,500,), 25c-35c-50c, 7 days,
2nd week. Gross: $6,000. (Average, $4,000;
"JUDGE PRIEST" (Fox)
DENVER — (2,500), 25c-35c-50c, 7 days.
Gross: $10,000. (Average, $6,000)
"HIS GREATEST GAMBLE" (Radio)
ORPHELM— (2,600), 25c-35c-50c, 7 days.
Gross: $3,500. (Average, $6,000)
"PURSUED" (Fax)
PARAMOUNT— (2,000), 25c-40c, 3 days.
Gross: $500.
"OUR DAILY BREAD" (Fox)
PARAMOUNT— (2.000). 25c-40c. 4 days.
Gross: $700. (Average for week. $2,000)
Clearance May Be
Sent Back to L.A.
(Continued from page 1)
back to the coast board for revamping
a second time. The committee, which
heard the discussion, will recommend
such action to Campi at its meeting
next Thursday, it is said.
Considerable interest in the plan
revolved around the Fox West Coast-
Warner situation, the former having
the Uptown and the latter the Forum.
According to a decision of the coast
board, it was held that both houses
are in competition with each other
and should play pictures simultaneous-
ly. Prior to this, F. W. C. had prior
run on its Uptown.
F. W. C. had two lawyers and a
booker from the coast on hand. The
F. W. C. men declare the Los An-
geles board had no right to split the
zone into two sections, thereby giving
Warners a right to day-and-date with
the Uptown.
Not to Resign Now,
Asserts Rosenblatt
(Continued from page 1)
American Federation of Labor con-
vention that he has no present inten-
tion of resigning. If he does resign,
he said, it will not be for some time.
In his speech before the convention
he made no mention of film prob-
lems. He discussed the NRA in gen-
eral terms and praised President
Roosevelt's recovery program.
Rosenblatt left for Hollywood im-
mediately after speaking.
Los Angeles, Oct. 5. — Division Ad-
ministrator Sol A. Rosenblatt re-
turned from San Francisco tonight.
He will remain here until Sunday,
when he will flv back east.
Division Administrator Sol A. Ro-
senblatt is due back from the coast
on Monday. He will go straight to
Washington.
The Leading
Picture
Industry
MOTION PICTURE
DAILY
Alert,
Intelligent
and
Faithful i
Service to'
the Industry
in All
Branches
VOL. 36. NO. 83
NEW YORK, MONDAY, OCTOBER 8, 1934
TEN CENTS
RKOPayments
Held Pending
Court Action
Proposed Deal Reduces
Monthly Maturities
Payment of accumulated maturities
of $600,000 of principal amount of the
$1,500,000 RKO gold notes outstand-
ing, held by Consolidated Film Indus-
tries and secured by virtually all of
the RKO investments in subsidiaries,
is being held in abeyance pending sub-
mission of a new agreement to the
U. S. District Court here providing
for a reduction in the amount of the
monthly maturities of the notes, it
was learned Saturday.
The new agreement, if approved by
the court, may lower the maturities
(Continued on page 8)
First Run Situation
Acute in St, Louis
St. Louis, Oct. 7. — The first run
situation has become acute. With four
first runs in operation in recent
months, there have been weeks when
all of them have been in the black, but
with nine running at present newspa-
pers and billboards have been getting
most of the benefit.
World Series crowds are a big help
at present, with "Dames," "She Loves
Me Not," "Cleopatra" and "British
Agent" running.
There is some talk of a code com-
plaint by F. & M. to get product.
Washington Houses
Take in $5,165,000
Washington, Oct. 7. — Box-office
receipts of 195 film theatres in the
state of Washington last year totaled
S5.165.000, while 18 legitimate and
vaudefilm houses took in $1,809,000,
U. S. Census Bureau states.
The bureau also released figures for
Virginia, showing receipts of $4,129,-
000 by the 159 film and vaudefilm
houses in the state.
The film houses in Washington paid
out $1,021,000 in salaries in 1933, the
{Continued on page 8)
Tries Gold Hooks
Hollywood, Oct. 7.— Trout
up Lone Pine way are
so tired of rusty hooks that
they won't bite any more.
Gary Cooper is going to fool
them with gold hooks and
needle points.
MPTOA Busy on Moves to
Add Three State Groups
New M.P.T.O.A. units are ex-
pected in northern New Jersey,
Michigan and eastern New York.
The three contemplated units, if
organized, would invade territories
dominated by Allied, which has con-
siderable strength at these regions.
Recently, Ed Kuykendall, president
of the M.P.T.O.A., stated that a trio
of new affiliations was being consid-
ered by his organization, but he
would not mention the territories in
mind.
Allied last week annexed the
G.F.T.A. Independent Theatre Own-
ers' Assn. of Atlanta, which covers
four states and raised the total of
states in which Allied is represented
to 32. Allied plans to invade all
M.P.T.O.A. territories in due time
and it is believed the M.P.T.O.A. will
not sit back without making a like
move against Sidney Samuelson's
organization.
Samuelson plans to add another in-
dependent organization to his ranks
within the next few weeks, but will
not tip off the unit until it aligns
with Allied.
Northern New Jersey is Samuel-
son's stamping ground, and if the
M.P.T.O.A. ventures into this Allied
stronghold, it is said Allied will make
a strong play for additional southern
territories.
Deal on to Settle
Suit by Quittner
An out of court settlement of the
long pending Edward Quittner monop-
oly suit asking triple damages in ex-
cess of $5,000,000 from Paramount
Publix, the M.P.P.D.A. and a ma-
jority of its member distributing
companies is being discussed and may
be consummated in the near future, it
was learned Saturday.
The Quittner suit was tried in
U. S. District Court here early in
1933 and dismissed by Judge Francis
G. Caffey w:ho held that even if it
were to be assumed that the defend-
ants were guilty of a statutory viola-
tion there was no basis for determin-
ing the amount of damages suffered
by Quittner as a result. Graham &
{Continued on page 8)
Columbia Directors
Meet Here Tomorrow
Columbia's board of directors meet-
ing will be definitely held tomorrow
after several postponements. Harry
Cohn, president, will be unable to at-
tend because of increased production
activity on the coast which will re-
quire his presence at the studio.
At the meeting seven directors will
be elected and contracts of Harry and
Jack Cohn, which are for three years
as of July 1, 1934, will be ratified.
L. A. Hearings Over,
Coast Men Returning
Following a three-day hearing on
the Los Angeles clearance and zoning
schedule, distributor and exhibitor
members who came east for the hear-
(Continued on page 8)
Settle Para. Tax
Claim at $216,919
Settlement of a 1930 income tax
claim of $471,452 filed against Para-
mount Publix by the Treasury De-
partment has been made for $216,919,
it was learned Saturday.
Prior to the settlement the claim
had been reduced to $389,094 after
having been contested by the Para-
mount Publix trustees. At the time
the tax was levied against Paramount
by the Treasury Department, Arthur
A. Ballantine of Root, Clark, Buck-
ner & Ballantine, counsel for the Par-
amount trustees, was under secretary
of the treasury. Because of this cir-
cumstance Ballantine has been elimi-
nated from sharing in the fee paid his
law firm for its services in contesting
and settling the Federal claim.
France to Abandon
Import Quota Plan
Paris, Oct. 7. — France will aban-
don its import quota system on Nov.
1 after a six months' study of its
workings, the government has made
known.
Preparations for the change are be-
ing hurried in order that it may be
made effective prior to Nov. 15, the
date on which the government's ex-
traordinary powers to make tariff
(Continued on page 8)
Expect a Break in
Pittsburgh Ad Row
Pittsburgh, Oct. 7. — A break is ex-
pected here shortly in the fight to win
a lower theatre advertising rate. Right
now, the situation remains as it has
(Continued on page 8)
British Deal
Said to Hang
On 2 Million
Report Maxwell Eyeing
Fox Gaumont Stock
London, Oct. 7. — Negotiations for
an amalgamation of British Interna-
tional Pictures and Gaumont British
are understood to have broken down
over a difference of about $2,460,000
on the purchase price.
The opinion prevails here that ne-
gotiations may be resumed, but few
will venture a prediction as to whether
this will be in the near or remote
future.
Reports in the financial district over
the week-end were to the effect that
John Maxwell is now interested in
purchasing the Fox 49 per cent in
Gaumont British held by Chase Na-
tional Bank.
An offer has already been made,
according to one report.
Color is lent to the rumors by the
Isidore Ostrer statement following
(Continued on page 8)
Mexico City Film
Row Is Optimistic
Mexico City, Oct. 7. — Film row
is gratified and even optimistic over
the assurance of President Abelardo
Rodriguez to distributors, including
representatives of nine American
producers, who petitioned him to
exempt the film industry from the
proposed 10 per cent rental tax.
While conferring with the President
(Continued on page 8)
Talks on Music Tax
Go On Again Today
A second meeting to discuss a com-
promise of the new music tax fees is
scheduled for today between members
of the exhibitors' emergency commit-
tee and E. C. Mills, general manager
(Continued on page 8)
Schlanger Colonel
Added to the regiment of
Kentucky colonels is Ted
Schlanger of Warners' home
office theatre department,
who received his commission
as aide-de-camp on the staff
of Governor Ruby Lafoon.
i
MOTION PICTURE
DAILY
Monday, October 8, 1934
MOTION PICTURE
DAILY
(Registered U. S. Patent Office)
Vol. 36
October 8, 1934
No. 83
Martin Quicley
Editor-in-Chief and Publisher
MAURICE KANN
Editor
JAMES A. CRON
Advertising Manager
Published daily except Sunday and holi-
days by Motion Picture Daily, Inc., sub-
sidiary of Quigley Publications, Inc.,
Martin Quigley, President; Colvin Brown,
Vice-President and Treasurer.
Publication Office: 1790 Broadway, New
York. Telephone Circle 7-3100. Cable ad-
dress "Quigpubco, New York." All con-
tents copyrighted 1934 by Motion Picture
Daily, Inc. Address all correspondence to
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Entered as second class matter, January
4, 1926, at the Post Office at New York
City, N. Y., under Act of March 3, 1879.
Subscription rates per year; $6 in the
Americas, except Canada $15 and foreign
$12. Single copies: 10 cents.
Korda Forms Play Unit
London, Oct. 7. — According to
Alexander Korda, London Films head,
his company is organizing a legitimate
play producing unit to be known as
L. F. Play Productions to sponsor
plays prior to their being filmed. The
first two scheduled for presentation
to London audiences are "Josephine"
and "Nijinsky," written by the
dancer's wife, Romola.
Pettijohn on Way West
C. C. Pettijohn, M.P.P.D.A. general
counsel, left last night on his second
swing into the west during the past
month. He will make stop-offs in
Arkansas, Louisiana and Texas en
route to the coast and may be gone
a month.
Hopper En Route West
Hollywood, Oct. 7. — Harold Hop-
per, assistant to Larry Darmour,
Majestic production head, arrives
from New York Tuesday. Darmour
returned last week after conferring
with eastern executives on budget in-
creases.
Para. Foreign Staff Up
Total number of employes in Para-
mount International Corp. is now
3,447, of which 1,149 are located in
England. The French office employs
465. The home office has 40 people
on the international staff.
New Garbo Pact with\ Father of Bureau
M-G-M Almost Ready Of Saenger Passes
Hollywood, Oct. 7. — Negotiations
between M-G-M and Greta Garbo on
a new contract are nearing completion,
but details are being kept secret until
the deal is signed.
It is believed that if Miss Garbo
and M-G-M do not get together, she
will make some pictures for Walter
Wanger for Paramount release or
that she may divide her work between
Wanger and M-G-M.
Harry Edington, Miss Garbo's man-
ager, would not discuss the contract
situation prior to his departure early
Saturday morning for England on a
five-week vacation. He said any in-
formation regarding Miss Garbo's
status with M-G-M would have to
come from studio officials.
The Swedish star does not contem-
plate a trip abroad at this time, Eding-
ton stated. Barbara Kent, Edington's
wife, is accompanying him.
Release Turner Plane
Paris, Oct. 7. — "The Warner
Comet," huge Boeing transport mon-
oplane to be piloted by Col. Roscoe
Turner and Clyde Pangborn in the
London-Melbourne air race, has been
released by French customs officials.
The plane had been seized because of
the non-posting of a 500,000-franc
bond by the pilots to certify that the
plane would not be sold in this coun-
try. The United States Lines came to
the aid of the stranded airmen and
posted the bond for them when they
were unable to raise the money.
Clark to Coast Soon
Within the next 10 days, John D.
Clark, general sales manager of Fox,
will leave for the coast and will be
joined by Herman Wobber. After a
visit to the studios, Clark and Wob-
ber will return east, visiting Fox ex-
changes en route and holding special
meetings in connection with the S. R.
Kent Drive.
Wobber is in Washington today.
"Bo" Dowling Resigns
Ambrose S. Dowling has resigned
as European representative for RKO
Export Corp. in London, where he is
convalescing from a recent illness, the
RKO home office stated Saturday. No
successor to Dowling will be named,
his duties to be consolidated with those
of Phil Reisman, vice-president of
RKO Export.
New Orleans, Oct. 7. — Gaston J.
Dureau, Sr., father of Gaston Dureau,
head of the Saenger circuit booking
department, is dead at the age of 67.
He died from a stroke.
Dureau, Sr., was a charter member
of the Choctaw Club and a close friend
of the late Mayor Behrman. He is
survived by his widow, Mrs. Theresa
Maurice Dureau, three sons, Gaston,
Milton and Alton, and a daughter,
Mrs. Edmond Langhetee.
Funeral services were held today
and members of the local theatrical
colony as well as exhibitors attended.
Shift Date on "Aran"
Opening of "Man of Aran" has
been changed to Oct. 18 at the Cri-
terion instead of Oct. 19. Simultane-
ous with the Criterion opening will
be "The Little Friend" at the Roxy.
Arnold Van Leer will manage and
handle advertising and exploitation at
the Criterion.
Tiger King, Maggie Dillane and
Michael Dirrane, three natives from
the Island of Aran, will make per-
sonal appearances at the Criterion
when the Gaumont British picture
opens. Following the opening, the
natives will return to the island.
New Industrial Series
Emerson Yorke. formerly of Para-
mount Studios, has just completed
production on a two-reel industrial
short, "Romance of Rugs." Described
as "an educational photographic theme
in two studies," the film depicts the
origin, care and hygiene of Oriental
rugs and is a.vailable in 35 mm. and
16 mm. in both silent and sound ver-
sions.
Lefton Closes Deals
Nat Lefton of Monogram of Ohio
has closed a deal with Superior Talk-
ing Pictures, Inc., for 12 westerns for
the western Pennsylvania and West
Virginia territories. He has also con-
tracted for six "Tarzan, the Police
Dog" features and six "Northwest
Mounted" features for the same ter-
ritories from Stage and Screen Prod.,
Inc.
R. L. Estill Promoted
Seattle, Oct. 7. — Robert L. Estill
has been promoted to assistant booker
at the local Paramount exchange. Max
Hadfield succeeds Estill as head
shipper.
Columbia Gains Half on Big Board
High
Columbia Pictures, vtc : 36n4
Eastman Kodak 10054
Loew's Tnc 29
M-G-M, pfd 26
Paramount Publix, cts 4%
Pa the Exchange 154
RKO 2J4
Warner Bros 5
Net
Low
Close
Change
Sales
36
3654
-i- V*
700
10054
+ 54
300
28^
29
800
26
26
300
VA
VA
+ 5*
4.700
154
154
200
2H
+ 54
300
m
5
- 54
1.000
Technicolor Up Half on Curb
Net
Technicolor
High Low Close Change Sales
. 12% 1254 12*4 + *A i-ooo
Warner Bonds Drop ll/g Points
Keith B. F. 6s '46
Loew's 6s '41, ww deb rights..
Paramount Broadway 554s '51.
Paramount F. L. 6s '47
Paramount Publix 554s '50
Warner Bros. 6s '39, wd
Net
High
Low
Close
Change
Sales
. 62
62
62
- J4.
5
■101 7/6
101*4
10U4
- 54
• 4254
42M
42A4
+ *4
5
. 6054
60
6054
- 54
. 60>4
60
60
— 'A
9
. 61
6054
60J4
-VA
4
* Purely
Personal ►
RUDY VALLEE and Lou Holtz
leave for Fox studios this week.
En route, they will meet Director Al
Green in Denver and he will accom-
pany them to the coast.
Louis Bromfield'6 story, "De
Luxe," has been bought by 20th Cen-
tury and will be produced as a play on
Broadway next month.
Ad Schulberg, Jack Hulbert and
Charlotte Greenwood sail for Eng-
land on Oct. 12.
Charles Ruggles is due in New
York from the coast today.
Film Men at Crime
Session in Capital
Washington, Oct. 7. — Representa-
tives of the film industry will join with
other groups coming to Washington
Oct. 10 for a three-day conference on
crime.
The conference was -called by Attor-
ney General Homer S. Cummings,
who announced that it would be held
in his recent radio address on the
Lindbergh case.
President Roosevelt will address the
meeting at its opening session Wednes-
day night.
The conference is to consider the
causes and prevention of crime ; inves-
tigation, detection and apprehension ;
criminal courts and prosecution, and
detention, parole, probation and
pardon.
Hays on Clean Films
Will H. Hays is scheduled to de-
scribe to the biennial convention of
the International Federation of Cath-
olic Alumnae at the Waldorf Asto-
ria, Friday, the industry's efforts to
meet the clean films issues of the
church decency campaign.
Wilcox to Do Musical
London, Oct. 7. — Herbert Wilcox,
production chief of British & Domin-
ions, will produce "The Bohemian
Girl." a musical, and will direct the
picture himself. Wilcox is also hav-
ing a completely modernized score
written for the picture.
Nine Song Writers at Fox
Hollywood, Oct. 7. — Fox has nine
song writers penning tunes for future
productions. They are : Ray Hender-
son, Ted Koehler, Johnny Green, Ed-
die Heymann, Herb Magidson, Joseph
Myer, Jack Yellen, Jay Gorney and
Don Hartman.
Reagan Finds Upswing
Returning from a sales trip to
Chicago and Minneapolis, Charles M.
Reagan, Paramount division manager,
states business in the midwest is on
the upturn and theatre grosses have
taken a substantial swing upward.
RKO Closes 4 Deals
Jules Levy, general sales manager
of RKO, has closed product deals
with four circuits. Sparks. Hoblitzelle
Interstate. Jules Rubens Great States
and Kincey-Wilby.
WHIRLING FEET... IN A
MAELSTROM OF MELODY;
. . the most sumptuous rhythmic
hit of 4£f/( seasons ...
si
v.
GAIETY f
MUSIC!
EAUTY
6°
<>'
Ho
tell of VoUt
6?
Sn
^ar .ing
Co
TARS
"TERRIFIC CLIMAX!"
— N. Y. World Telegram
"BRILLIANT! AMAZING!"
- N. Y. Times
"EXCITING! ABSORBING!"
— N. Y. Daily News
"EXCELLENT! STIRRING!"
— N. Y. Eve. Journal
KING
VIDOR
who directed "The Big
Parade"- "The Champ"
— "Street Scene" ....
now gives you
"to
I"
Says Arthur Mayer,
Managing Director of the
Rialto Theatre, N. Y., of the
surprise sensation
of the year!
Released th ru U N IT ED ART I S TS
's bigger than ''Back Street" —
bigger than "Only Yesterday"
— bigger than any other picture
you've had for many, many
weeks or are likely to get in
many, many more ! . • . The perfect
BIG-CROWD attraction from star,
story, author, director and every
other possible standpoint * . .
GO TO IT!
COLBERT
JOHN M. STAHL
Production For
U N IVERS AL
with WARREN
WILLIAM
ROCHELLE HUDSON
Ned Sparks Henry Armetta
Presented by CARL LAEMMLE
^cxem SeMcdkmj
8
MOTION PICTURE
DAILY
Monday, October 8, 19
Hollywood Personals
Hollywood, Oct. 7. — Joe Morrison back from Arrowhead. . . .
Alfred Delcambre took his mother for her first airplane ride the
other day. . . . Randy Scott leaves shortly for a vacation in West
Virginia. . . . Rhea Langford is here from Broadway. . . . Ann
Sothern vacationing in Palm Springs. . . . Ann Dvorak
taking dancing lessons for the role in "Sweet Music" at
Warners. . . . Dolores Del Rio returns from Mexico. . . . Lois Wil-
son gets a role in "Bright Eyes" at Fox. . . . Mary MacLaren signed
for "Evelyn Prentice" at M-G-M. . . . Jean Harlow's first novel,
"Today Is Tonight," will be on the book stands by Christmas. . . .
Anna Sten will go to New York for the opening of "We Live
Again" at the Music Hall, Nov. 1. . . . Chandler Snrague has fin-
ished the script for "Private Worlds," Walter Wanger's next pic-
ture.
British Deal
Said to Hang
On 2 Million
{Continued from page 1)
suspension of the B.I.P.-Gaumont ne-
gotiations to the effect that the Lon-
don negotiations had not contemplated
an absorption of Gaumont British by
B.I. P., but had had as their aim an
amalgamation of interests of the two
companies. A close working agree-
ment between them would give them
control of about 500 theatres in Great
Britain as well as the most important
production facilities. It would be by
far the most important producing and
distributing organization in the Brit-
ish Empire.
This community of interest which
Maxwell is seeking, it is believed by
some observers here, could be obtained
through acquisition of the Fox hold-
ings.
Efforts to reach Mark Ostrer,
chairman of the G-B board, and Jeff-
rey Bernerd, general manager, both
of whom are in New York, were un-
successful Saturday. Ostrer will re-
turn to England Oct. 19. Bernerd
will stay here until he completes the
sales setup of the American organi-
zation for G-B.
Mexico City Film
Row Is Optimistic
{Continued from page 1)
the American representatives also
urged a material reduction of the
levies now being paid.
President Rodriguez informed the
film men that he would take the
whole matter up with the Minister of
Finance after the latter's return from
New York where he is now on offic-
ial business. It is expected a definite
answer to the distributors' pleas will
be made about Oct. 15.
Expect a Break in
Pittsburgh Ad Row
{Continued from page 1)
been for several months but a series of
meetings recently indicates that some
action is in prospect.
The chief sufferer in the fight is
Hearst's Sun-Telegraph, which has
been receiving only directory space
from Warners and Loew's. Next is
the Press, which has had its space
cut in half. Only the Post-Gazette ,
Pittsburgh's only morning daily, has
not been slashed.
Warner's and Loew's are carrying
the fight, with the Harris-Alvin and
George Shafer's Pitt remaining on
the outside, giving all papers equal
space.
Talks on Music Tax
Go on Again Today
{Continued from page 1)
of the American Society of Composers,
Authors & Publishers.
At the first meeting held last week
Mills proposed an alternate tax of 40
cents per seat, while a member of the
exhibitor delegation countered with a
suggestion of 15 cents per seat. An
agreement today is regarded as prob-
able.
Deal on to Settle
Suit by Quittner
{Continued from page 1)
Reynolds, counsel for Quittner, sub-
sequently filed an appeal which is now
pending in the U. S. Circuit Court
of Appeals here and which may be
heard this fall if the current dis-
cussions on a settlement are not suc-
cessful.
Quittner, a former Middletown,
N. Y., exhibitor, charged in his suit
that Paramount erected the Publix at
Middletown when he refused to con-
tract for Paramount pictures at the
distributor's terms. Following the
opening of the Publix, the complaint
alleged, Quittner was unable to obtain
sufficient product for his two Middle-
town theatres which were subse-
quently foreclosed.
Cravath, de Gersdorff, Swaine &
Wood are counsel for Paramount in
the case and Arthur Butler Graham
has been attorney for Quittner since
the recent dissolution of the firm of
Graham & Reynolds.
L. A, Hearings Over,
Coast Men Returning
{Continued from page 1)
ing either are on their way back or
leaving today.
Ben Berinstein left Friday night for
Chicago and will be met in the Windy
City by Harry Hicks, who left Sat-
urday night to pick him up and pro-
ceed coastward. Harry W. Chotiner
is in Pittsburgh visiting friends and
from there goes to Los Angeles. Jack
J. Milstein, M-G-M branch manager
in Los Angeles, leaves today.
I. E. Chadwick flew to Hollywood
over the week-end to attend a code
committee hearing on production
scheduled for today.
As a result of the three-day hear-
ing, exhibitors attending from the
coast feel that everything will be
worked out favorably to all. Hicks
stated that 90 per cent of exhibitors
in southern California were in favor
of the schedule before the New York
hearing and that discussions before the
Campi appeal committee will result in
the remaining 10 per cent being
straightened out. He said exhibitors
were for a uniform zoning plan and it
is now up to Campi to give it to them.
John Bertero, F. W. C. attorney,
and Port Major, booker of the circuit,
will return west probably on Thurs-
day.
Some of the men hold that the
schedule will be returned to the Los
Angeles board for a second revision.
Zohbel West Tomorrow
Herman Zohbel, treasurer of
Radio, leaves for the coast tomorrow.
"Belle" Providence
Wow; Gets $12,000
Providence, Oct. 7. — "Belle of the
Nineties" knocked Providence for the
proverbial loop and chalked up a near-
record of $12,000 for the Strand. Man-
ager Ed Reed staged a midnight show
and managed to eke out $500. The
usual take at this house is under
$7,000.
"Count of Monte Cristo" at Loew's
caught $10,000 and Fay's, the Ma-
jestic and RKO Albee all were up to
or over their usual pars, rounding out
a strong week for the downtown belt.
Total first run business was $44,900.
Average is $40,500.
Estimated takings for the week end-
ing Oct. 4:
"BELLE OF THE NINETIES" (Para.)
"THE MOONSTONE" (Monogram)
STRAND— (2,300). 15c-40c, 7 days. Gross:
$12,000. (Average, $6,500)
"MILLION DOLLAR RANSOM" (Univ.)
FAY'S — (1,600), 15c-40c, 7 days. Parisian
Follies on stage. Gross: $7,000. (Average,
$7,000)
"COUNT OF MONTE CRISTO" (U. A.)
LOEW'S STATE— (3,800), 15c-40c, 7 days.
Fashion show on stage. Gross: $10,000. (Av-
erage, $12,000)
"JUDGE PRIEST" (Fox)
"THERE'S ALWAYS TOMORROW"
(Univ.)
MAJESTIC— (2,400), 15c-40c, 7 days.
Gross: $7,800. (Average. $7,000)
"WAKE UP AND DREAM" (Univ.)
RKO ALBEE— (2,300), 15c-40c, 7 days.
Tip Top Revue on stage. Gross: $7,200.
(Average, $7,000)
"BLACK MOON" (Col.)
"NAME THE WOMAN" (Col.)
RKO VICTORY— (1,600). 10c-25c, 4 days.
Gross: $900. (Average, $1,000)
Sets Houston Mark
Houston, Oct. 7. — For the third
time in two years the Majestic here
has cracked a box-office record.
"Judge Priest" nosed out "I'm
No Angel" for week-end attendance.
The theatre announced that from the
opening Friday through Sunday night
2.200 more persons had seen the
Rogers film than viewed the West
picture.
Farrell Dropped by Fox
Hollywood. Oct. 7. — Charles Far-
rell's contract with Fox has been
terminated by mutual agreement, it
was stated at the studio yesterday.
E. J. Sparks Leaves
E. J. Sparks of the Sparks Circuit
and his general manager, Frank
Rogers, have returned to Jackson-
ville, Fla., after a short stay in town.
"Redwoods," Kane's Next
Hollywood, Oct. 7. — Robert T.
Kane's next for Fox will be "Call of
the Redwoods," a musical by Samson
Raphaelson.
RKOPaymenfc
Held Pending
Court Action
{Continued from page 1)
from $300,000 per month to approxi ,
mately $50,000 monthly, it is under-
stood. This would give RKO 3Ci
months in which to retire the note-
in place of the five-month period in I
which the company has been committc
to meet the $1,500,000 balance hereto- j
fore. The agreement, not yet in final
shape, is expected to be presented tc
Federal Judge William Bondy in
about two weeks.
Consolidated acquired the RKO
notes from Chemical Bank & Trust
Co. and Commercial Investment Trust
last June, at which time they aggre-
gated $1,825,000, maturing in the prin-
cipal amount of $25,000 on July 1 and
$300,000 on Aug. 1 and monthly there-
after up to and including next Jan. 1.
The July and August maturities were
met by RKO, but the Sept. 1 and Oct.
1 maturities of $300,000 each were de-
ferred successively pending the out-
come of the negotiations for a reduc-
tion in amount of the monthly obliga-
tions.
Washington Houses
Take in $5,165,000
{Continued from page 1)
reports showed, while the other the- j
atres had a payroll of $322,000. Vir-
ginia theatres had salary payments
aggregating $784,000.
Forty-one film theatres in Seattle i
had a gross of $2,352,000 on a pav- 1
roll of $490,000, while 11 other the-
atres grossed $935,000 on a payroll of
$171,000. In Tacoma, 11 film houses
took in $325,000 and had a salary roll
of $73,000, while 12 film theatres in
Spokane took in $496,000 on a payroll
of $117,000 and three other theatres
took in $319,000 on a payroll of
$52,000.
Ten film theatres in Richmond took
in $750,000 and had a payroll of $153,-
000; while seven houses in Norfolk
took in $432,000 and paid salaries of
$85,000, and seven theatres in Roanoke
took in $421,000 and had salaries of
$63,000.
France to Abandon
Import Quota Plan
{Continued from page 1)
changes without the approval of Par-
liament expires. It is expected that a
generally higher schedule of tariffs
will become effective with abandon-
ment of the import quota system.
Foreign managers of distribution
companies were uncertain whether
films would be affected by repeal of
France's import quota laws and de-
clined comment Saturday pending re-
ceipt of fuller information here on the
prospective change.
Hoblitzelle Due Soon
Carl Hoblitzelle and Robert O'Don- j
nell of the Hoblitzelle Interstate cir-
cuit are due in town this week.
More Louisville Duals
Louisville, Oct. 7. — Loew's here
has gone to a dual bill policy with no
change in scale.
The Leading
Daily «^
- \ \
lewspaper •,
.the
Motion
Picture
Industry
MOTION PICTURE
DAILY
Alert,
Intelligent
lailhS
w%
I M
Service
w
the Industry
in All
Branches
,'OL. 36. NO. 84
NEW YORK, TUESDAY, OCTOBER 9, 1934
TEN CENTS
Ml of Majors
For New Plan
OnCodeCosts
\ome Independents Fall
In Line as Well
J All major companies and practical-
• all independent producers and dis-
- -ibutors have approved the new al-
-ucation plan of assessment promul-
gated by a committee comprising S.
Kent, Harold S. Bareford and
'.dward Golden.
The revised assessment plan has
■pen approved by Campi in principle
A}nd sent to Division Administrator
ol A. Rosenblatt, who will call a
ublic hearing before approving it
■ nally. Rosenblatt returned from the
sjoast by air yesterday.
United Artists, Universal and Co-
lumbia were the only major com-
anies which objected to the original
evy. These companies have sanctioned
(Continued on page 7)
Memphis Meet Gets
Fire Insurance Plan
.Memphis. Oct. 8. — Organization of
leatres into an insurance mutual as
-otection against allegedly discrimi-
itory fire insurance rates, expres-
diis of satisfaction with the progress
ade by the wholesome films cam-
iign and opposition to the increased
usic tax were the principal matters
esented to the M. P. T. O. of Ar-
insas, Mississippi and Tennessee, in
nvention here today.
I Suggestion that theatres need an in-
| ranee mutual plan was introduced
(Continued on page 8)
■xpect to Complete
G-B Staff in Month
Completion of the Gaumont British
les setup nationally is expected
jthin the next month, George Weeks,
jiieral sales manager, stated yester-
jy. Weeks leaves today for Atlanta,
jncinnati, Chicago, Kansas City and
« Louis to line up his personnel,
ter another two weeks in the east
(Continued on page 2)
Tigh Court Refuses
To Act on "Holiday
Washington, Oct. 8— The Su-
;me Court today denied a review of
ower court decision in the case of
iren vs. Shubert Theatres, involv-
: plagiarism of "Death Takes a
>liday."
Supreme Court Refuses
Tri-Ergon Patent Review
Zirn 's Appeal Refused;
Katz Denies Para. Lost
The application of Samuel Zirn, at-
torney for a Paramount Publix bond-
holders' group, for leave to appeal
from the U. S. District Court order
appointing Charles D. Hilles, Eugene
W. Leake and Charles E. Richardson
trustees of Paramount Publix was de-
nied by the U. S. Circuit Court of
(Continued on page 7)
Alleging that neither Paramount
nor creditors of the company suffered
loss or damage as a result of the re-
purchase of the company's stock issued
from 1929 to 1932 for the acquisition
of theatres and that the payments did
not constitute a "dividend or other
distribution of assets to stockholders,"
(Continued on pane 7)
Trendle Says
12 Houses in
New Service
United Detroit Service Booking
Corp. now has 12 theatres using the
service and more are expected to join.
George W. Trendle, president, stated
yesterday.
The company basically renders a
service to the exhibitor, helps him
buy and book pictures and in no wise
is connected with United Detroit The-
atres Corp., a Paramount subsidiary
which also has Trendle at the head,
according to Trendle.
'We are planning expansion,"
Trendle said, "but cannot state at
this time what it will be."
The service company does not
book, but acts as advisors to exhibi-
tors, Trendle explained. Exhibitors
(Continued on page 4)
Report Rogers Will
Make One for M-G-M
Hollywood, Oct. 8. — Will Rogers,
according to reports here, has been
signed to do one picture for M-G-M,
which will undoubtedly be a picturi-
zation of the Eugene O'Neill play,
"Ah, Wilderness !"
Reports have been current for
months that, following Will Rogers'
successful Stage appearance in the
O'Neill play in San Francisco last
spring, he would star in the picture
for M-G-M.
ASCAFs New
Tax Schedule
Compromised
A new music tax schedule which
retains the former annual rate of 10
cents per seat for theatres up to 800
seats and establishes a new annual tax
of 15 cents per seat for theatres of
from 801 to 1,599 seats, and 20 cents
per seat for theatres of over 1,600
seats was mutually agreed upon yes-
terday by the American Society of
Composers, Authors & Publishers and
the emergency committee on behalf of
exhibitors.
The schedule was worked out yes-
terday morning between E. C. Mills,
general manager of the A.S.C.A.P.
and members of the emergency com-
mittee and was ratified yesterday
afternoon by the A.S.C.A.P. board of
(Continued on page 4)
Aarons for Combine
In Percentage Fight
Philadelphia, Oct. 8. — Formation
of a buying combine of all unaffiliated
theatres in this territory to oppose
high percentage playing terms de-
manded by distributors is advocated
by George P. Aarons, secretary of
M. P. T. O. of eastern Pennsylvania,
southern New Jersey and Delaware,
in a current bulletin issued to members
of the organization.
Aarons cites a maximum percentage
of 20 per cent as the highest paid by
(Continued on page 2)
Ruling Regarded as of
Vast Import in Use
Of Sound Devices
Washington, Oct. 8. — A decision
of potential import to the industry was
handed down by the U. S. Supreme
Court today when it refused to ac-
cept for hearing two appeals from
the Circuit Court of Appeals rulings
in the controversy involving patents
held by the American Tri-Ergon
Corp., which is controlled by William
Fox.
Patents on two inventions were in-
volved, double prints in recording and
the flywheel on reproducers. The de-
fendant in the double prints infringe-
ment suit was Paramount Publix,
while the Wilmer & Vincent circuit
and Altoona-Publix, a Paramount
Publix subsidiary, were named as co-
defendants in the flywheel action.
The lower court had held that the
(Continued on page 4)
Briefs to Be Filed
In Dubinsky Dispute
Washington, Oct. 8. — Inability of
Sam Dubinsky to get to Washington
today resulted in the calling off of
the hearing planned by the Ajnuse-
ments Division of the NRA on the
wage controversy in Kansas City.
Dubinsky asked for permission to
file a brief, and the I.A.T.S.E. repre-
sentatives not only agreed to this, but
consented to have the entire matter
argued by briefs, thus eliminating the
need for a hearing.
Chicago Clearance
Is Put Over Again
Chicago, Oct. 8. — The clearance and
zoning board has tabled the B. & K.
petition for a revision of the clearance
setup. It is understood that it will
come up for consideration at a future
date. Meanwhile B. & K. officials
stoutly maintain that they will push
(Continued on page 7)
Hearing Is Given
On Detroit Lease
Although Campi has sent to Wash-
ington an amendment approving with-
drawal of the leasing clause, known
as 5E, Part 6, in the code, a Detroit
(Continued on page 7)
2
MOTION PICTURE
DAILY
Tuesday, October 9, 1934
MOTION PICTURE
DAILY
(Registered U. S. Patent Office)
Vol. 36 October 9, 1934 No. 84
Martin Quicley
Editor-in-Chief and Publisher
IBSBi MAURICE KANN unA
|ST1 Editor C*£
IkTiEJ JAMES A. CRON JK.
U^BHw Advertising Manager
Published daily except Sunday and holi-
days by Motion Picture Daily, Inc., sub-
sidiary of Quigley Publications, Inc.,
Martin Quigley, President; Colvin Brown,
Vice-President and Treasurer.
Publication Office: 1790 Broadway, New
York. Telephone Circle 7-3100. Cable ad-
dress "Quigpubco, New York." All con-
tents copyrighted 1934 by Motion Picture
Daily, Inc. Address all correspondence to
the New York Office. Other Quigley pub-
lications: MOTION PICTURE HERALD,
BETTER THEATRES, THE MOTION
PICTURE ALMANAC and THE CHI-
CAGOAN.
Hollywood Bureau: Postal Union Life
Building, Vine and Yucca Streets, Victor
M. Shapiro, Manager; Chicago Bureau: 407
South Dearborn Street, Edwin S. Clif-
ford, Manager; London Bureau: Remo
House, 310 Regent St., London, W. 1,
Bruce Allan, Representative. Cable address:
"Quigpubco, London"; Berlin Bureau:
Berlin-Tempelhof, Kaiserin-Augustastrasse
28, Joachim K. Rutenberg, Representative;
Paris Bureau: 19, Rue de la Cour-des-
Noues, Pierre Autre, Representative; Rome
Bureau: Viale Gorizia, Vittorio Malpassuti,
Representative; Sydney Bureau: 102 Sus-
sex Street, Cliff Holt, Representative; Mex-
ico City Bureau: Apartado 269, James
Lockhart, Representative; Glasgow Bureau:
86 Dundrennan Road, G. Holmes, Repre-
sentative; Budapest Bureau: 3, Kaplar-u,
Budapest, II, Endre Hevesi, Representa-
tive; Moscow Bureau: Civtzev Vrazhek, N.
25, Apart. 146, Moscow, U. S. S. R., Bella
Kashin, Representative. Cable address:
Samrod, Moscow.
Entered as second class matter, January
4, 1926, at the Post Office at New York
City, N. Y., under Act of March 3, 1879.
Subscription rates per year; $6 in the
Americas, except Canada $15 and foreign
$12. Single copies: 10 cents.
Does $15,480 in Day
"Power" grossed $15,480 at the
Music Hall on Sunday, according to
Jeffrey Bernerd, who also declared
yesterday the picture grossed £2,601
in its first three days at the Tivoli,
London.
The record, he added, for an opening
three days there until now was held
by "The House of Rothschild" at
£2,486.
Refuse Barrymore Case
Washington, Oct. 8.— The U. S.
Supreme Court today rejected an ap-
plication by Dolores Costello and
John Barrymore for a writ of certi-
orari against the Guarantee Building
and Loan Ass'n., in a suit over a
judgment resulting from some of
their deposits in the institution.
Crime Meet on Dec. 10-12
Washington, Oct. 8. — The three-
day conference on crime called by At-
torney General Homer S. Cummings,
which will be attended by film in-
dustry representatives, is scheduled
for Dec. 10-12, instead of Oct. 10,
as reported yesterday.
"Wimpole" Gets 3rd Week
"Barretts of Wimpole Street" will
get a third week at the Capitol. This
will be the eighth film to be held
three weeks in the 15 years since the
Capitol was opened, according to
Major Bowes.
Expect to Complete
G>B Staff in Month
(Continued from page 1)
and midwest, Weeks will fly to Los
Angeles to set his staff. From there
he will go to Dallas, Des Moines,
Omaha, San Francisco, Portland,
Seattle and Salt Lake City.
Mark Ostrer, chairman of the G-B
board ; Jeffrey Bernerd, general man-
ager, and Michael Balcon, production
head, sail on Oct. 19 aboard the
Aquitania for London. Berthold Vier-
tel and Robert J. Flaherty, directors,
sail later.
Arthur Lee and Balcon will visit
Scarsdale, N. Y., on the first leg of
a tour of theatre visits to get audi-
ence reaction.
Gaumont British today will an-
nounce sales setups in Washington,
Pittsburgh and other cities Weeks
visited last week.
G-B After Jack Holt
Hollywood, Oct. 8. — Gaumont
British is negotiating for Jack Holt
to appear in two pictures. Michael
Balcon, production head of G-B, is
in New York and conducting negotia-
tions with Holt's representatives here.
Holt is under contract to Columbia,
which will have to approve the deal,
which would be in the nature of a
loan.
Two other stars are being consid-
ered by G-B, but their names are be-
ing kept secret for the time being.
G-B to Give a Luncheon
Gaumont British will give a
luncheon in honor of Nova Pilbeam,
Jack Hulbert, Robert J. Flaherty and
Berthold Viertel at the Waldorf As-
toria next Monday at 12:30 o'clock.
Following the luncheon "Little
Friend," starring Miss Pilbeam, will
be screened in the ballroom.-
Walter Donaldson Wed
Hollywood. Oct. 8. — Walter Don-
aldson and Walda Mansfield, New
York chorus girl, were married in
Aguai Caliente over the week-end.
Witnesses were Mrs. Eddie Mannix
and Leo Morrison.
Pay Visit to Sing Sing
Ossining, Oct. 8.— Will H. Hays
and Harry M. Warner visited Sing
Sing Prison yesterday and attended
a football game between the prison
team and a team from Kingston, N. Y.
Aarons for Combine
In Percentage Fight
(Continued from page 1)
affiliated theatres as compared with a
maximum of 50 per cent which, he
says, is demanded from independents.
"The answer," Aarons says, "is the
formation of an independent buying
circuit. As the current season is
pretty well advanced, I do not sup-
pose much can be done now, but the
theatre owner should lay plans at this
time and by concerted action develop
the situation to the point whereby he
will be amply protected for the 1935-36
season."
"If you hold off from buying,"
Aarons concludes, "you will be able
to break down this abnormal, unjust
and unfair, high percentage policy."
Cartoon Programs Set
Cartoon programs are to be fea-
tured at the Bijou Theatre, 45th St.,
starting tomorrow. The house will
be renamed the Mickey Mouse The-
atre. The house has been taken back
by the Astor-Bijou-Morosco Theatres
Realty Corp., headed by Walter
Reade and will be operated by Car-
toon Exhibitors, Inc., of which Rob-
ert Schirmer is president.
Criterion to Go Union
When Gaumont British takes over
the Criterion on Oct. 18, non-union
help will be displaced by members of
the A. F. of L., including Local 306
operators.
G-B has the house for three months
with an option and is not anxious to
experience labor difficulties on its
first venture into the theatre business
here.
No Lead Picked — W anger
Hollywood, Oct. 8. — Walter Wan-
ger denies all stories to the effect
that Greta Garbo, Katharine Hep-
burn, Ann Harding or Irene Dunne
will be in "Private Worlds." No
feminine lead has been picked, he
says.
Strong Starts Own Firm
M. D. Strong has resigned as di-
rector and general manager of Inter-
Continent Film Corp. to go into busi-
ness for himself. His new firm is
known as Criterion Films. He will
finance and distribute both foreign
and domestic films.
< Purely
Personal ►
David Loew, Felix Feist, Louis
Nizer, Paul Benjamin, Earle
Sweigert, Eugene Picker, J. D.
Trop, Lou Metzger, Henry Randel,
Howard Dietz, Capt. Harold Auten,
Mort Spring, Al Friedlander, Her-
man Robbins, Sam Dembow, Jr.,
James Clark, Louis Phillips, Phil
Reisman, Jack Alicoate and Harry
Brandt were among the diners at the
M. P. Club yesterday noon.
Leon Schlesinger has arrived in
town with the first print of the latest
Merrie Melody cartoon, "Those Beau-
tiful Dames," which he will show to
the home office. It is done in Techni-
color.
David Bernstein gave a luncheon
for Dr. A. H. Giannini yesterday,
all for the purpose of presenting the
California banker with the scroll that
designates him a Kentucky colonel.
Irving Lesser anticipates a $33,000
week at the Roxy for the first seven
days of "Peck's Bad Boy." Exactly
58,837 persons visited the house from
Friday morning to Sunday night.
Howard S. Cullman will be one
of the speakers at a luncheon today
for Governor Lehman and Lt.
Governor M. William Bray at the
Commodore.
James C. Bradford, composer and
specialist in film music, is back in
New York after doing the music for
"Hollywood Murder Mystery" on the
coast.
Jeanette Rex, Sol Lesser's pub-
licity head, returns to the coast by
air the end of the week, stopping
off in Chicago to visit her brother.
Maurice McKenzie, on the sick
list for the past several days, is ex-
pected back at his M.P.P.D.A. offices
within a day or two.
Clemence Dane arrives today on
the Majestic. She is under contract
to M-G-M to write a story for David
Selznick.
Alan Cross and Henry Dunn,
Broadway players and radio stars,
have been signed for a two-reel Vita-
phone short.
Earle Sweigert of Paramount and
E. S. Applegate of M-G-M in Phila-
delphia were visitors yesterday.
Ralph Kohn, ill for the past sev-
eral weeks at his home, may be back
on the job this week.
Sam Picker of the Nathan Bur-
kan office is vacationing this week.
Arthur Brilant has joined Va-
riety's reportorial staff.
Barbara Barondess is on her way
east.
William Wellman is in town.
Closes Shanghai Deal
Ned E. Depinet, president of RKO
Distributing Corp., has closed a deal
with the Peacock M. P. Co., Inc.,
Shanghai, for the entire 1934-35 line-
up. Telfair Knight, now in this coun-
try, handled the negotiations for the
China firm.
To Aid Basket Fund
Warners will donate the net pro-
ceeds from the showing of "Happiness
Ahead" at the Strand next Monday to
the Christmas Basket Fund.
Eastman Gains Quarter on Big Board
Net
High Low Close Change Sales
Columbia Pictures, vtc 3654 3654 3654 — 54 200
Consolidated Film Industries, pfd 1454 1454 1454 + 54 800
Eastman Kodak 100% 100% 10034 + 54 700
Fox Film "A" 12 1134 12 — 54 200
Loew's, Inc 2954 2854 2854 — 54 3,600
Paramount Publix 4% 454 454 — 54 11,300
Pathe Exchange 154 154 154 — A 800
Pathe Exchange "A" 1354 1254 1254 — 54 500
RKO 254 254 254 1,200
Warner Bros 5 4% 5 2,500
Technicolor Off Quarter on Curb
Net
High Low Close Change Sales
Technicolor 1254 1254 1254 — 54 1,400
Bond Issues Show Slight Losses
Net
High Low Close Change Sales
General Theatre Equipment 6s '40 6V2 654 654 — 54 3
General Theatre Equipment 6s '40, ctf &A 654 &A —A 2
Keith B. F. 6s '46 6154 6154 6154 — 54 3
Paramount F. L. 6s '47 6054 60 60 13
Paramount Publix 554s '50 6054 60 60 — % 5
Pathe 7s '37 ww 98 98 98 — 54 1
Warner Bros. 6s '39, wd 60 60 60 — 54 2
IT'S IN
THE AIR!
ONE GREAT REEL
featuring the sensational and intricate
plays of the world's champion football
team, the Chicago Bears, and starring
the world's most notable gridiron
athletes.
HAROLD "RED" GRANGE
"BRONKO" NAGURSKI JACK WANDERS
WILLIAM HEWITT JOHN DOEHRING
GENE RONZANI CARL BROMBAUGH
"OOKIE" MILLER
and Other Stellar Football Favorites
DIRECTED BY RAY McCAREY
ADVERTISE IT NOW WITH
gets a Spe
al Press Sheet,
^.sk for it.
YOUR BIGGEST FEATURE!
Hollywood Reporter says:
'A gold-mine of entertainment. A pleasure and a
thrill a minute."
M. P. Daily says:
"Pete Smith makes it particularly interesting with his
trenchant remarks and the use of slow motion."
Film Daily says:
Unusual and timely short. Actiony thrills and
comedy hy Pete Smith."
M. P. Herald says:
An ideal short, will go well on program during
football season."
M-G-M MAKES BIG ONES OUT OF LITTLE ONES!
4
MOTION PICTURE
DAILY
Tuesday, October 9, 1934
Supreme Court
Denies Review
In Sound Case
(Continued from page 1)
patents had been infringed upon. To-
day's action of the Supreme Court, in
efiect, affirms that decision.
Paramount Publix was defended by
Erpi and Wilmer & Vincent and Al-
toona-Publix by RCA Photophone.
The decision of the court is con-
sidered one of the most important
matters affecting the industry in a
long time.
As pointed out by the petitioners,
"as construed by the courts below,
the patents are so broad as to permit
the respondents to claim tribute from
practically every one who has pro-
duced or exhibited talking motion pic-
tures, or has manufactured equipment
for. recording or reproducing sound
with motion pictures, or has done the
developing and printing of sound and
picture records."
Tri-Ergon is a patent holding com-
pany organized in 1928 as a personal
venture of William Fox for the pur-
pose of exploiting commercially in
this country the inventions of three
Germans, Vogt, Engl and Massolle.
Two Defended by RCA
Two suits for infringement of the
same patent were involved ; both were
defended by RCA Photophone, a sub-
sidiary of RCA, but the actual de-
fendants, it was contended, "are the-
atre owning and operating companies"
in which the alleged infringing ma-
chines supplied by RCA Photophone,
are used to reproduce sound in con-
junction with motion pictures."
In carrying the cases to the U. S.
Supreme Court, the theatre companies
contended there was a sharp conflict
of opinion among the judges of lower
courts as to the validity of the pat-
ents ; that the decision of the Circuit
Court of Appeals was diametrically
opposed to and in direct conflict with
the Supreme Court's decision in one
of the De Forest cases and in other
cases, and the suit involved an im-
portant question of patent law which
should be settled by the Supreme
Court.
Says Tri-Ergon Ruling
Clears Way for Suits
That the refusal of the U. S. Su-
preme Court to review a decision of
the Circuit Court of Appeals in the
American Tri-Ergon patents case
clears the way for legal action on the
part of Tri-Ergon against all pro-
ducers and exhibitors for the collec-
tion of royalties on the double prints
and flywheel patents was asserted
yesterday by Daniel G. Rosenblatt of
the law firm of Hirsh, Newman,
Reass and Becker, who represented
the plaintiff in the court battle.
Rosenblatt said that action would
be taken in behalf of Tri-Ergon
against a number of the leading pro-
ducing companies and circuits of the
nation for a royalty arrangement. He
said no action would be taken against
the small exhibitors as they would
probably "fall in line" with any deci-
sion made by the big circuits regard-
ing the payment of royalties to Tri-
Ergon.
From producers payments would be
sought on the use of the flywheel
and double prints devices, Rosenblatt
declared, while the exhibitors would
be asked to pay for the use of the
flywheel invention, which is used in
reproduction equipment alone.
Erpi, which defended Paramount,
yesterday had no statement to make.
At the same time, Erpi legal experts
appeared unperturbed by the Su-
preme Court decision. It is understood
that the electric shortly will make a
statement of its policy.
The litigation is reported to have
involved technicalities. This may
prove to be the basis of the impend-
ing Erpi statement, it is believed.
Interstate Gets Another
Dallas, Oct. 8— The Melrose, de
luxe suburban here, became part of
Interstate Circuit, Inc., this week-end,
it was reliably reported. The acquisi-
tion of the Melrose is third neighbor-
hood house. Already the circuit oper-
ates the Arcadia. Dallas, and has
started construction on a suburban
house in Houston in partnership with
Will Horwitz of that city. Interstate
controls all downtown first runs in
Dallas and Fort Worth and most of
the houses in Houston, San Antonio,
Austin, Galveston and other Texas
cities.
Fights Sunday Date
New Orleans, Oct. 8.— A. C. Du-
mestre has filed a claim with the
grievance board charging Paramount
with attempting to force a percentage
playdate on "Belle of the Nineties"
for Sunday night. He contends that
if he plays the film Sunday and Mon-
day, according to his agreement to
book it two days, he will lose his
Sunday business, since on Mondays
the stockholders of his theatre and
their families are admitted free. States
he is willing to book it Wednesday and
Thursday. The case will be heard
this week.
Ernest Schwartz Gaining
Cleveland, Oct. 8. — Ernest
Schwartz, attorney and president of
the Cleveland M. P. Exhibitors' Ass'n..
wounded in a dual shooting two weeks
ago during which his partner, B. Z.
Levine was killed, is reported to be
convalescing at Charity Hospital. Un-
less complications develop, his recov-
ery is practically assured.
Chesterfield on Second
Hollywood, Oct. 8. — "The World
Accuses," the second picture on Ches-
terfield's current program goes into
production on the Pathe lot tomorrow
with Charles Lamont directing. The
cast includes Vivian Tobin. Russell
Hopton, Dickie Moore, Cora Sue Col-
lins. Mary Carr, and Bryant Wash-
burn. Lon Young will supervise.
Parker Joins Warners
Hollywood. Oct. 8. — Austin Parker
has checked into Warners to develop
an original screen play to star Helen
Morgan.
The actress is slated to arrive here
tomorrow from Chicago for a featured
role in "Sweet Music," her first on a
long term ticket with Warners.
Doris Kenyon in Opera
Hollywood, Oct. 8. — The Los An-
geles Grand Opera Co. has engaged
Doris Kenyon to sing the role of
Suzanne in the forthcoming produc-
tion here of "The Secret of Suzanne."
Trendle Says
12 Houses in
New Service
(Continued from page \)
buy themselves, but we sit in with
them and help them arrange their
schedules.
It is understood a new holding
company will be formed shortly to
take over operation of theatres in
United Detroit Service Corp. and
owners of the houses will be stock-
holders in the holding firm.
Willard C. Patterson, general man-
ager of the Paramount subsidiary,
arrives from Detroit today to set
product deals with Paramount. Tren-
dle leaves for Washington today on
matters pertaining to radio. He may
stay there a few days before heading
back to the auto city. He will be back
on Oct. 18 when the general hearing
on the Detroit schedule is before
Campi.
A. J. Callaghan Buried
Hollywood. Oct. 8. — Funeral rites
for Andrew J. Callaghan, vice-pres-
dent of Technicolor, who died here
last Thursday at the Queen of Angels
Hospital following an abdominal oper-
ation, were held with the singing of
a solemn requiem high mass at St.
Ambrose's Church followed by inter-
ment in Calvary Cemetery.
Callaghan was in his 46th year. He
had been ill for several months, but
had refused to give up work until a
short while ago. Surviving are a
widow ; a son, Andrew. Jr. ; a daugh-
ter, Frances, all of whom reside here,
and his parents, who live in Chicago,
his birthplace.
John E. Koen Dead
Salem, Oct. 8. — John E. Koen. 61,
who established and operated the first
film theatre in Salem and later, in as-
sociation with his brother, the late
W illiam H. Koen. built theatres and
operated them in Haverill, Beverly,
Brockton and Quincy, died at his
home. 5 Franklin St. He retired from
the theatre business about 10 years
ago. He is survived by his widow and
by one brother. George.
Zanuck's Father Buried
Hollywood. Oct. 8. — Funeral ser-
vices for Frank Zanuck. who died here
Saturday morning from a heart attack
at the age of 73. were held here this
morning at Wee Kirk of the Heather,
Forrest Lawn. Zanuck is survived by
his son Darryl F. Zanuck, production
head of 20th Century, three sisters and
two grandchildren.
Service for Dintenfass
A memorial service for the late
Mark H. Dintenfass will be held Fri-
day at the Ferncliff Mausoleum, Ards-
ley, Mrs. Esther Dintenfass, the
widow, will present a flagstaff to the
mausoleum which has been on the
Dintenfass estate at Palisade. X. J.,
for a number of years.
Dunne on "Brummel"
Hollywood, Oct. 8. — Philip Dunne,
son of Finlay Peter Dunne, will do
the story for Edward Small's next
Reliance feature, "Beau Brummel."
ASCAFs New
Tax Schedule
Compromised
(Continued from page 1)
directors. It will be retroactive to
Oct. 1 and adjustments will be made
on the basis of the new rates on be-
half of all exhibitors who have paid
tax installments at the rate prescribed
in the tax schedule which A.S.C.A.P.
declared to be in effect on Oct. 1.
That schedule, which goes into the
discard as a result of yesterday's com-
promise agreement, established a
music tax per seat based on the high-
est admission charged by the individ-
ual theatre at any performance. Thus,
the tax would have ranged, in most
theatres, from 15 cents to 75 cents
per seat.
In addition to obtaining what is re-
garded in exhibitor circles as a highly
advantageous compromise, exhibitors
are not restrained under the agree-
ment of yesterday from either aiding
the Department of Justice in its anti-
trust suit against A.S.C.A.P. and
other music licensing agencies, in
bringing litigation of their own
against the society in an endeavor to
have the collection of any music tax
whatever declared illegal, or in en-
deavoring to enlist legislative aid for
the revision of the copyright laws
with the same objective.
Profit to ASCAP Obscure
What A.S.C.A.P. obtains in the
way of an advantage as a result of
the compromise was not clear to ob-
servers yesterday. Some held that the
exhibitor agreement might, in the
opinion of A.S.C.A.P., weaken any ex-
hibitor action or testimony against
the society in the future, as exhibi-
tor acceptance of the compromise
might be held to be an admission that
the collection of a music tax is valid
and justified.
In a statement issued yesterday the
society declared merely that it feels
that exhibitors have acted "fairly"
in agreeing to the increased rates. In
a more wordv statement issued by the
emergency committee the compromise
increase was referred to as a "fair
and constructive solution of a vexing
question." It adds that the committee
feels that it was treated fairly by
A.S.C.A.P. and that its treatment o'f
that organization, also, was fair. It
urges exhibitors to support the agree-
ment reached and recalls that without
the committee's efforts the rates
would have been much higher.
Members of the emergency commit-
tee are: Walter Vincent, chairman;
Ed Kuykendall, Edward G. Levy,
Sam Dembow, Jr., Major L. F.
Thompson. Leopold Friedman, Leon
Netter, Milton C. Weisman, Sydney
Justin. Harry M. Pimstein.
Martin Barrett in Omaha
Martin Barrett, field representative
for Van Beuren Corp., is in Omaha
on a tour of key cities. From there
he jroes to Chicago and Pittsburgh,
returning to New York early next
week.
Fred J. McConnel, general sales
manager, has just returned from Chi-
cago and Milwaukee.
in THE PAINTED VEIL"
Somewhere in tke literature of the wor Id tk ere is
a story that flames with the fire that Garbo can
portray. Somewhere lurks a narrative of power that
Garho can tell to your audience, of smouldering love,
of high adventure and tenderness that yields tears.
jMletro- Gold wyir Allayer has found that story. It is
Somerset jtyLaugham s The Painted "Veil , destined to
pack theatres throughout the world, to enthrall love-
hungry hearts with its romance portrayed immortally
hy the one and only Garho. Prepare for it as you have
never prepared for a picture within your memory!
Tuesday, October 9, 1934
MOTION PICTURE
DAILY
All Majors for New
Plan on Code Costs
(Continued from page 1)
the new schedule. Many independent
companies were among those listed as
against the first assessment schedule,
but many have fallen in line with the
three major firms.
The new7 plan, which will not be
made public until the NRA Depart-
ment of Research and Planning ap-
proves it, is considered by codists as
a better allocation for majors and a
nominal assessing plan for the
smaller companies.
Instead of sending out bills for six
months' payment, the $180,000 will be
raised by one remittance. All of the
major companies have already paid
Campi sums toward the assessment.
The second semi-annual exhibitor
schedule is ready and Rosenblatt is
expected to approve it Thursday. He
will attend the Campi session. The
new exhibitor levy will find many
theatres reclassified with reductions
in assessments.
Hearing Is Given
On Detroit Lease
(Continued from page 1)
complaint on interference with the
operation of the Eastown was heard
yesterday by a Campi appeal commit-
tee consisting of Jack Cohn, chairman,
and William Yoost, local circuit
owner. Henry Randel, manager of the
Paramount branch in Brooklyn, with-
drew as a member of the board be-
cause United Detroit Theatres, a
Paramount subsidiary, was a litigant.
Louis Phillips appeared with George
W. Trendle in defense of United.
Phillips held that although the United
lease on the house expired May 21,
1934, Trendle was operating until
June 30 when he was forced to vacate
because Louis Wisper had bought 50
per cent of the first mortgage bonds
and half of the chattel mortgage.
Wisper now operates the house.
William H. Kaplan, attorney for Wis-
per, claimed that the bonds were
bought after a trustee in bankruptcy
for the theatre issued a public notice
on the sale. Wisper contended that
his purpose in buying the bonds was
to get possession of the house. He ad-
mitted that a previous attempt to deal
with the banks involved for a lease
had met with failure.
Campi is expected to hear by
Thursday on the approval of the
NRA of the amendment to drop the
leasing clause.
No action was taken by the appeal
committee yesterday and the matter
will be decided Thursday by the entire
body. When the Detroit grievance
board heard the case it certified it
to Code Authority for disposition.
Five Stories Bought
Hollywood, Oct. 8. — There has
been a rush of story purchases during
the past few days. Warners have
bought Richard Lise's and Martin
Mooney's "Police Escort" as a co-
starring vehicle for James Cagney and
Phil Regan, and "Sport Page," by
Clarence Bricker.
Radio has purchased "Star at Mid-
night," by Arthur Somers Roche, and
"The Taming of Zenas Henry," by
Sara Ware Bassett. M-G-M has ac-
quired James Hilton's "Dawn of
Reckoning."
Zirn 's Appeal Refused;
Katz Denies Para. Lost
(Continued from page 1)
Appeals in an order handed down here
yesterday.
Zirn's petition was filed with the
higher court after Federal Judge Al-
fred C. Coxe appointed the trustees in
conjunction with the approval of the
Paramount Publix petition for re-
organization under Section 77-B of the
Bankruptcy Law-s last June.
Zirn, who says he represents bond-
holders in the amount of $30,000, op-
posed the appointment of the trustees
on the grounds of disqualification in
the district court, but was overruled
there. His application for the hearing
of an appeal was then taken to- the
higher court and argued last week.
Washington's Board
Decides Five Cases
Washington1, Oct. 8. — Five of six
cases before the grievance board to-
day were decided.
A complaint of the M. P. T. O.
of the District of Columbia that East-
ern High School was screening regu-
lar features to raise funds for strictly
educational pictures was dismissed for
lack of evidence.
F. H. Durkee Enterprises, Balti-
more, brought a reduced admissions
charge against the Aldine, charging
passes were being issued with box-
office surcharges. The board issued
a cease and desist order to James
Ryclzewski, operator, effective Oct.
9. Evidence of compliance must be
submitted by Oct. 12.
A misunderstanding as to the mean-
ing of "from and after Oct. 1"
brought a reopening of the Durkee-
Brought case of Sept. 24, as the Rex
honored tax-bearing passes on that
date. Leon H. Zeller and S. K.
Schecter, operators of the house, as-
sured Secretary Fitzgerald that the
board's order went into full effect
at the close of business on Oct. 1.
The board was satisfied with the
explanation and Durkee withdrew
the case.
Charging overbuying, too frequent
changes, and exercise of buying pow-
er suasion had been used by Durkee
Enterprises against the Brodie The-
atre, Joseph Brodie sought relief.
Named as defendants were C. H.
Pacy Co., Inc., and McHenry Theatre
Co., operating Pacy's Garden and Mc-
Henry Theatres, respectively. Eight
distributors were involved in Brodie's
alleged lack of major product. The
board dismissed the case.
The dispute between Baltimore's
Colony Theatre and United Artists
oyer an interpretation of contract pro-
visions was postponed, probably to
Oct. 29.
A second overbuying case was
brought by J. B. Klein, Star Theatre,
against Gilbert C. Grant, Dunbar The-
atre, Baltimore. This case was also
dismissed.
Sam Moross In and Out
Sam Moross, representing John C.
Flinn in the field, returned yesterday
from a four- week trip to code boards
in Kansas City, Des Moines, Chi-
cago, Milwaukee, Indianapolis, Dallas
and St. Louis. He left last night for
Atlanta.
{Continued from page 1)
Sam Katz, former theatre head of the
company, asks dismissal of the suit
brought by the Paramount Publix
trustees against himself and 15 other
members of the Paramount board of
1930-32 to recover $12,237,071, the
amount alleged to have been expended
in the stock repurchase transactions.
Katz's allegations were made in the
form of an amended answer to the
trustees' complaint filed in State Su-
preme Court here yesterday by his
attorneys, Cravath, de Gersdorff,
Swaine & Wood and Samuel Spring.
The transactions specifically defend-
ed in Katz's reply are those by which
Paramount acquired the Kunsky-
Trendle circuit, Detroit; Great States
Theatres, Illinois, and a 50 per cent
interest in both the William Morris
Agency and Columbia Broadcasting
System.
Acquisition of Kunsky-Trendle and
Great States is justified in the answer
as a protective move by Paramount in
the face of theatre expansion by com-
petitors throughout the country. It is
stated that with the ownership of thea-
tres, a producer-distributor is not only
assured of outlets for his own product,
but is also in a more favorable posi-
tion, because of his theatre ownership,
to make favorable product deals with
other circuits affiliated with a pro-
ducer-distributor.
CBS Deal Explained
Acquisition of the 50 per cent inter-
est in Columbia Broadcasting for
$4,999,955 by the issuance of 58,823
shares of stock available for repur-
chase under certain conditions by
Paramount at $85 per share, was ex-
plained in Katz's answer to be the re-
sult of a belief prevalent in 1929 that
some affiliation with a broadcasting
company would ultimately be essential
to a film and theatre company. It is
suggested that the affiliation of RKO
and NBC may have hastened the Par-
amount-CBS transaction.
Paramount showed a cash profit on
this transaction, the answer states,
when, in 1932, CBS repurchased the
Paramount 50 per cent interest for
$4,950,000 in cash and a negotiable
promissory note for $250,000. With
this money Paramount repurchased
from Columbia 49,887 of its own shares
for $4,036,140. Paramount was in
need of cash at the time, the answer
states, which made the Columbia offer
desirable.
Paramount breached its 10-year
agreement with the William Morris
Agency in 1932, an agreement by
which Paramount subsidiaries were to
book at least 75 per cent of their acts
and artists through that agency, where-
upon the Morris office began an action
against Paramount. The action was
settled under an arrangement by which
Paramount returned its 50 per cent
stock interest in the Morris Agency
and received 2,666 shares of its own
stock, selling at $10 per share at the
time, which had been issued at the
time the interest in the Morris Agency
was acquired.
The Kunsky-Trendle transaction is
defended in the answer on the basis of
the favorable earnings of the company,
which, it states, were $650,000 net in
1928 and $950,000 in 1929, or \2y2 and
Agents Join Fight
On Capital Hearing
Hollywood, Oct. 8. — Ralph Blum,
representing the agents here, has
drawn up a petition protesting the
agency code hearing's being held in
Washington. When the petition is
signed by a sufficient number of cli-
ents and agents it will be forwarded
to Division Administrator Sol A. Ros-
enblatt, President Roosevelt and Dep-
uty Administrator William P. Farns-
worth. The agents, like the Academy,
which has already wired a protest to
Washington, believe it unjust to hold
the meeting away from Hollywood.
Chicago Clearance
Is Put Over Again
(Continued from page 1)
their fight for the clearance plan which
they authored calling for an additional
week of protection.
The clearance and zoning board
originally voted it down, 5 to 1, where-
upon B. & K. filed a protest with
Campi. In New York the case ap-
parently proved too much of a puzzler,
for Campi dumped it back into the lap
of the local board, which is hesitating
to put it to a vote again until the mat-
ter can be discussed further.
Says He Can't Get Film
Cleveland, Oct. 8. — Charging that
all major distributors in this territory
refuse to serve him product of any
kind, Jack Steinberg, Harbor Thea-
tre, Ashtabula Harbor, has filed a
protest with the grievance board
against M. A. Shea, claiming that
Shea, who operates theatres in Ashta-
bula, has tied up all runs of both the
1933-34 and the 1934-35 product.
Hays Not to Speak
A report that Will H. Hays would
address the convention of the Inter-
national Federation of Catholic Alum-
nae on the subject of clean films at
the Waldorf-Astoria Friday was ac-
credited by Hays yesterday to a
"misunderstanding." Other engage-
ments will prevent his attending the
session, it was said.
20 per cent, respectively, on the $4,-
875,000 investment involved. Para-
mount set aside 65,000 shares of its
stock in 1928, redeemable in 1931 at
$75 per share, to consummate the Kun-
sky-Trendle deal. The stock was sell-
ing at $64 per share at the time the
deal was made and at $22 per share
at the redemption date, according to
the Katz answer.
The Great States deal of 1929 in-
volved 30,000 shares redeemable in
1931 at $85 per share, or an aggregate
$2,550,000. The stock was quoted at
$66 at the time of the deal and at $6
on the redemption date. The trans-
action is defended on the grounds that
it was an advantageous acquisition,
which has resulted in no loss to the
company or creditors. It is also point-
ed out that Great States' earnings for
the first nine months of 1928 had been
$298,000 net, or 10 per cent on the
proposed investment.
The answer asserts that the capital
structure of the company was never
endangered by the transaction and that
the fact that necessary surpluses to
make the transactions existed was cer-
tified to by competent accountants at
the time. In addition to dismissal of
the complaint, costs of the action are
asked by Katz.
8
MOTION PICTURE
DAILY
Tuesday, October 9, 1934
MOTION PICTURE DAILY*
HOLLYWOOD PREVIEW
"Perfect Week-End"
{Warners)
Hollywood, Oct. 8. — James Cagney as a tough-mug truck driver
with a propensity for week-ending in jails will appeal to the masses who
like him in rough and ready roles. The general tenor of the film is
vigorous action with melodrama and brawling laughter.
The story united Cagney with Allen Jenkins as a truck-driving team
and getting into grief with their chief, who hands them tough assign-
ments. Patricia Ellis, a small town lunchroom queen, conflicts with
Cagney for romance. The main plot, though virile, seems emasculated
in dealing with strike-breaking gangsters who take over Cagney's
truck to run milk through towns whose roads are barricaded and picketed
by strikers.
The cast, including Robert Barrat," Hobart Cavanaugh, Spencer
Charters, Addison Richards and Arthur Aylesworth, fits neatly into the
Cagney-Jenkins-Ellis pattern. Ray Enright directed with broad, telling
strokes from the screen play by Warren Duff and Seton I. Miller and
a story by Frederick Hazlitt Brennan. Sid Hickox photographed well.
For aggressive action and broad comedy with rousing suspense for a
windup, exhibitors can promise patrons a Cagney film that, while not
highbrow or sophisticated, will surely please in neighborhoods where
the masses predominate. Production code seal No. 217. Running time,
65 minutes.
"Kentucky Kernels"
(Radio)
Hollywood, Oct. 8 — This one is a laugh fiesta from the opening to
the fadeout. Containing all the elements of comedy hoke and aided by
prop southern accents this outdistances every preceding Wheeler and
Woolsey opus and can be chalked as a sure-fire laugh and money getter.
The story spots Wheeler and Woolsey as two former stage magicians
who adopt Spanky MacFarland when the youngster's father (Paul
Page) plans suicide because of a broken romance. Attorneys notify the
trio that the kid inherits a Kentucky estate and they move south, where
they run smack into a feud.
From here on the comedy runs wild with the principals tossing a
gag a minute. Mary Carlisle looks good as a romantic note, but has little
to do. George Stevens directed with skill and a fine sense of comedy
values, draining the story to the last laugh.
Spanky MacFarland, of Our Gang fame, almost steals the whole show
with the comedy team of Miss Carlisle and Noah Beery turning in a
crack performance. The story, music and lyrics by Bert Kalmar and
Harry Ruby constitute a creditable job. Fred Guiol shares the script
credits.
The picture is good, clean fun throughout. Previewed without a code
seal. Running time, 79 minutes.
"Priest" Sets
5-Year Mark
In Cleveland
Cleveland, Oct. 8— "Judge Priest"
broke a five-year record at Warners'
Hippodrome with a $15,000 gross —
more than twice the average business.
"Barretts of Wimpole Street," at
Loew's Stillman in its second week
downtown at advanced prices, went
to $7,500 against a $4,000 average.
Both pictures are being held.
Total first run business was $44,500.
Average is $33,000.
Estimated takings for the week end-
ing Oct. 5 :
"CHARLIE CHAN IN LONDON" (Fox)
ALLEN — (3,300), 2Oc-3Oc-40c, 7 days.
Gross: $4,000. (Average, $3,000)
"JUDGE PRIEST" (Fox)
WARNERS' HIPPODROME — (3,800),
30c-35c-44c, 7 days. Gross: $15,000. (Aver-
age, $6,000)
"BRITISH AGENT" (F.N.)
RKO PALACE — (3,100), 30c-35c-44c, 7
days. Gross: $10,000. (Average, $10,000)
"SCARLET EMPRESS" (Para.)
LOEW'S STATE— (3,400), 30c-3Sc-44c, 7
days. Gross: $8,000. (Average, $10,000)
"BARRETTS OF WIMPOLE STREET"
(M-G-M)
LOEW'S STILLMAN— (1,900), 30c-35c-44c,
7 days. Gross: $7,500. (Average, $4,000 at
regular house admission prices of 20-30c-
40c.)
Memphis Meet Gets
Fire Insurance Plan
{Continued from page 1)
by R. X. Williams of Oxford, Tenn.
It was given promise of attention by the
new board of directors after Wil-
liams asserted fire rates are 40 to
50 per cent higher than those of lum-
ber yards in Mississippi despite com-
pliance with state regulations.
Praise for the new season's product,
particularly with regard to cleanliness
of subject matter, was expressed by
exhibitors at the open session, in-
cluding Ed Kuykendall, national presi-
dent.
Kuykendall spoke at length yester-
day morning in support of the in-
dustry's drive for funds to oppose
the A. S. C. A. P. music tax in-
creases.
W. L. Landers of Batesville, Ark.,
was elected president, succeeding M.
A. Lightman. H. D. Wharton, War-
ren; W. E. Elkins, Aberdeen, and
W. F. Ruffin, Covington, were named
vice presidents, respectively, for Ar-
kansas, Mississippi and Tennessee.
Williams was re-elected secretary-
treasurer.
The following directors were
chosen :
Tennessee : E. L. Drake, Jackson ;
J. W. Eaton, Col. Cecil E. Vogel, W.
L. Hendricks and Lightman of Mem-
phis ; Mississippi : Raymond Goodman,
Starkville ; J. A. West, Louisville ; W.
C. Tyson, Water Valley ; Arkansas :
Sidney Nutt, Hot Springs ; Henry
Sanders, Little Rock; Cecil Cupp,
Arkadelphia ; J. F. Norman, England ;
Emma Cox, Osceola ; M. S. McCord,
Little Rock; R. L. McCutchen,
Blytheville. _
A resolution was offered byJRuffin
urging the clearance board to take
its time in drafting a new schedule
and avoid rushing into it. Resolu-
tions of sympathy for Maurice Kann,
editor of Motion Picture Daily,
over the loss of his wife were adopted.
A gesture of friendship was made
toward state organizations in Arkan-
sas and Mississippi in resolutions of
encouragement.
Para. Signs Mary Ellis
Hollywood, Oct. 8. — Paramount
closed a deal by cable today for the
services of Mary Ellis, now appearing
in London in "Music in the Air."
The American actress-singer will ar-
rive on these shores soon. No defi-
nite assignment has been decided
upon.
5-5 Committee Meets
Los Angeles, Oct. 8. — The produ-
cers' and writers' five-five committee
met tonight to discuss further regula-
tions to propose for a standard work-
ing code between these two groups.
Whitney Basil Ad Head
Buffalo, Oct. 8.— T. J. Whitney
has been named director of adver-
tising and publicity for the Basil Bros,
circuit.
Oregon Court Asked
To Force Picket Ban
Salem, Ore., Oct. 8. — The Capitol
here has requested the state Supreme
Court to enforce its recent decree pro-
hibiting picketing in front of the the-
atre. The theatre's attorney submitted
evidence claiming that picketing of a
"disagreeable and nasty sort" has been
in progress. He stated that some
pickets carried banners and shouted,
"This is a scab theatre."
The decree of the Supreme Court
held that peaceful picketing might be
conducted one block from the theatre
in each direction.
Nine Portland Holdovers
Portland, Oct. 8. — During the first
40 weeks of the year, nine films have
been held for a second or more weeks.
Heading the list in number of weeks
run was : "It Happened One Night,"
"Wonder Bar," "House of Rothschild,"
"Chained," "Girl of the Limberlost,"
"Treasure Island," "Viva Villa,"
"Bull Dog Drummond," and now
"Dames" in its fifth week.
"Servants" Is
Kansas City's
Best, $4,800
Kansas City, Oct. 8. — First run
grosses were off at local showshops,
with two exceptions. "Servants'
Entrance," at the Uptown, nabbed
$4,800, above par by $1,300. The
Tower was in the money with $8,000
for "Million Dollar Ransom" and a
stage show. "Belle of the Nineties"
sagged in its second stanza of six
days at the Newman.
Total first run business was $32,300.
Average is $34,500.
Estimated takings :
Week Ending Oct. 3:
"BELLE OF THE NINETIES" (Para.)
NEWMAN— (91,800), 25c-40c, 6 days, plus
Saturday midnight show, 2nd week. Gross:
$5,200. (Average, 6 days, $6,000)
Week Ending Oct. 4:
"AGE OF INNOCENCE" (Radio)
MAINSTREET— (3,100), 25c-40c, 7 days,
plus Saturday late show. Gross: $5,500.
(Average, $7,000)
"OUTCAST LADY" (M-G-M)
MIDLAND— (4,000), 25c-40c, 7 days, plus
Saturday midnight show. Gross: $8,800.
Average, $11,000)
"MILLION DOLLAR RANSOM" (Univ.)
TOWER— (2,200), 25c-35c, 7 days, plus
Saturday midnight show. Stage: "ShuffUn'
South" revue, with King, King & Arena;
Ted & Al Waldman, Lorraine & Digby,
Garland Sisters, Lester Harding, Clarence
Stroud. Gross: $8,000. (Average, $7,000)
Week Ending Oct. 5:
"SERVANTS' ENTRANCE" (Fox)
UPTOWN— (2,000). 25c-40c, 7 days. Gross:
$4,800. (Average, $3,500)
Wood Starting Ohio
Sales Tax Campaign
Cincinnati, Oct. 8. — Following the
third regional meeting of the Ohio
I. T. O. at Cincinnati to discuss the
10 per cent state admission tax, P. J.
Wood, secretary, is inaugurating an
intensive canvass among legislators in
behalf of the sales tax, which stands
a good chance of passage at the No-
vember session of the General Assem-
bly.
Protests against the measure here-
tofore have come largely from busi-
ness interests in the Cincinnati sec-
tor, predicated on the possibility of in-
dustrial plants being moved to a Ken-
tucky town immediately across the
river. However, since the recent en-
actment of a sales tax in Kentucky,
the likelihood of such an exodus does
not exist, and the previous opponents
now are in favor of the tax with cer-
tain modifications.
Parker, Evergreen Merge
Portland, Oct. 8. — The Williamette
Amusement Co. is the new name of
the merged interests in Oregon of J.
J. Parker Theatres and the Evergreen
Theatre Co. This new company will
operate the Music Box after making
such repairs as may be necessary.
Ricardo Cortez Has Flu
Hollywood, Oct. 8. — R i c a r d o
Cortez is laid up with a siege of the
flu. Warners are proceeding with his
picture, "The White Cockatoo," pend-
ing his return.
Marsh Operated Upon
Cleveland, Oct. 8. — W. Ward
Marsh, Plain Dealer movie editor, is
in a hospital after an emergency ap-
pendicitis operation.
Completely
DEPENDABLE
THE dependability of Eastman Super-
Sensitive Panchromatic Negative is
not based entirely upon its well-known uni-
formity. It is the original, inherent quality
of the emulsion. ..its constant ability to help
producers and cameramen make the most
of every picture... that completes its depend-
ability... that seals the acceptance which
this famous film enjoys. Eastman Kodak
Company. (J. E. Brulatour, Inc., Distribu-
tors, New York, Chicago, Hollywood.)
EASTMAN Super-Sensitive
Panchromatic Negative
10
MOTION PICTURE
DAILY
Tuesday, October 9. 1934
Rogers Leads
St. Paul with
$6,800 Gross
Minneapolis, Oct. 8. — "Judge
Priest" was the big noise among the
Twin Cities' first runs last week. It
went to $6,800, over par by $1,300 in
the St. Paul Paramount.
"Servants' Entrance" was the only
other one to stir up any excitement,
and at that it was no box-offke riot.
The gross was $6,200 at the State
here. This tops normal by $700.
Total first run business in Minne-
apolis was $22,800. Average is $21,-
000. Total first run business in St.
Paul was $18,400. Average is
$16,000.
Estimated takings :
Minneapolis
Week Ending Oct. 4:
"BULLDOG DRUMMOND STRIKES
BACK" (U. A.)
CENTURY— (1,000), 25c-40c, 7 days.
Gross: $4,300. (Average, $4,000)
"FRIENDS OF MR. SWEENEY." (War.)
LYRIC— (1,000), 20c-25c, 7 days. Gross:
$1,800. (Average, $1,500)
Week Ending Oct. 5:
"THE RICHEST GIRL IN THE WORLD"
(Radio)
RKO ORPHEUM— (2,900), 25c-50c, 7 days.
Gross: $5,500. (Average. $5,500)
"SERVANTS' ENTRANCE" (Fox)
STATE — (2,300), 25c-40c, 7 days. Gross:
$6,200. (Average, $5,500)
"I GIVE MY LOVE" (Univ.)
TIME— (300), 25c-35c, 7 days. Gross:
$2,500. (Average, $2,500)
"THE GHOUL" (Gaumont British)
"ALL FOR LOVE"
WORLD— (400), 25c-75c, 7 days. Gross:
$2,500. (Average, $2,500)
St. Paul
Week Ending Oct. 4:
"JUDGE PRIEST" (Fox)
PARAMOUNT— (2,300), 25c-40c, 7 days.
Gross: $6,800. (Average, $5,500)
"THE WORLD MOVES ON" (Fox)
RIVIERA— (1,200), 25c-40c, 7 days. Gross:
$3,500. (Average, $3,500)
"THEIR BIG MOMENT" (Radio)
R.KO ORPHEUM— (2,000), 20c-40c, 7 days.
Gross: $4,000. (Average, $4,000)
"CHARLEY CHAN IN LONDON" (Fox)
TOWER— (1,000), 15c-25c, 7 days. Gross:
$1,600. (Average. $1,500)
"BLUE DANUBE"
WORLD— (300), 25c -75c, 7' days. Gross:
$2,500. (Average, $2,000)
"Barretts" Pulls
$10,200 in Omaha
Omaha, Oct. 8. — "Barretts of Wim-
pole Street" was an outstanding hit in
a week of generally big business here.
It went up to $10,200, over par by
$2,200 at the Paramount.
"The Count of Monte Cristo" and
"The Notorious Sophie Lang" were
strong at $8,500.
Total first run business was $26,550.
Average is $22,500.
Estimated takings :
Week Ending Oct. 3:
"DEATH ON THE DIAMOND" (M-G-M)
"LOVE TIME" (Fox)
WORLD— (2,200), 25c-40c, 7 days. Gross:
$3,600. (Average, $3,500)
"BARRETTS OF WIMPOLE STREET"
(M-G-M)
PARAMOUNT— (2,800), 25c-40c, 7 days.
Gross: $10,200. (Average, $8,000)
Week Ending Oct. 4:
"THE AGE OF INNOCENCE" (Radio)
"YOUNG AND BEAUTIFUL" (Mascot)
BRANDEIS— (1,500), 20c-25c-35c, 7 days.
Gross: $4,250. (Average, $3,500)
"THE COUNT OF MONTE CRISTO"
(U. A.)
"THE NOTORIOUS SOPHIE LANG"
(Para.)
ORPHEUM— (3,000), 25c-40c, 7 days.
Gross: $8,500. (Average, $7,500)
"Cristo" Hit;
Gets 3rd Week
In Pittsburgh
Pittsburgh, Oct. 8. — The biggest
surprise here in years is "The Count
of Monte Cristo" at the Fulton. After
playing to sensational business in its
first week, it maintained almost its
first week's pace during the second
stanza, getting around $8,000, and it
was held for a third week. It's the
first picture to stay that long at this
house in years.
Otherwise, business was just so-so.
Both the Stanley and the Pitt, the
former with "British Agent" and the
latter with the "Dames on Parade"
unit and "Unknown Blonde" on the
screen, touched par, getting $9,000 and
$6,500, respectively. "The Last Gen-
tleman" was a disappointment at the
Penn, doing barely $11,000, while the
Alvin took it on the chin with
"Charlie Chan in London," collecting
only $3,600.
Total grosses in six first runs were
$42,800. Average is $42,000.
Estimated takings for the week end-
ing Oct. 4 :
"CHARLIE CHAN IN LONDON" (Fox)
ALVIN— (2,000), 25c-40c, 6 days. Gross:
$3,600. (Average. $5,000)
"COUNT OF MONTE CRISTO" (U. A.)
FULTON— (1.750), 15c-40c, 6 days, 2nd
week. Gross: $8,000. (Average, $4,500)
"THE LAST GENTLEMAN" (U. A.)
PENN— (3.300), 25c-50c, 6 days. Gross:
$11,000. (Average, $12,000)
"UNKNOWN BLONDE" (Majestic)
PITT— (1.600), 15c-35c, 6 days. Stage:
"Dames on Parade" unit with Maude Hil-
ton, Helen Compton's girl band and Flo
Mayo. Gross: $6,500. (Average, $6,500)
"BRITISH AGENT" (Warners)
STANLEY— (3,600). 25c-50c, 6 days. Gross:
$9,000. (Average. $9,000)
"THE GREAT FLIRTATION" (Para.)
"CASE OF THE HOWLING DOG"
(Warners)
WARNER— (2,000), 25c-40c. 6 days. Gross:
$4,700. (Average, $5,000)
"Priest" Grosses
$6,500, Portland
Portland, Oct. 8. — "Judge Priest,"
at the Paramount accompanied by a
double stage band and opening of the
big Oregon-Stanford football rally,
increased the take to $6,500, or $1,500
over normal.
"Barretts of Wimpole Street," at
the United Artists, secured $6,000, or
$1,000 over par.
Daily matinees were discontinued
at Hamrick's Oriental, another change
in policy and management.
Total first run business was $23,-
400. Average is $21,800.
Estimated takings for the week end-
ing Oct. 5 :
"GIFT OF GAB" (Univ.)
BROADWAY — (1.912), 25c-35c-40c, 7
days. Gross: $4,900. (Average, $5,000)
"DAMES" (Warners)
BLUE MOUSE— (668), 25c, 5th week, 7
days. Gross: $1,700. (Average, $1,800)
"CASE OF THE HOWLING DOG"
(Warners)
HAMRTCK'S MUSIC BOX— (2,000), 25c-
35c-40c, 7 days. Gross: $2,800. (Average,
$3,000)
"THE HUMAN SIDE" (Univ.)
"HAT, COAT, GLOVES" (Radio)
HAMRICK'S ORIENTAL— (2,040). 25c, 7
days. Gross: $1,500. (Average, $2,000)
"JUDGE PRIEST" (Fox)
PARAMOUNT — (3,008), 25c-35c-40c, 7
days. Stage show. Gross: $6,500. (Aver-
age. $5,000)
"BARRETTS OF WIMPOLE STREET"
(M-G-M)
UNITED ARTISTS— (945), 25c-35c-40c, 7
days. Gross: $6,000. (Average, $6,000)
Not Noticed
Columbus, Oct. 8. — Just
how much attention patrons
pay to the sequence of a pic-
ture is a question in the mind
of a local neighborhood ex-
hibitor.
A print of "Many Happy
Returns," reaching the thea-
tre from a West Virginia
town a few minutes before
starting time, was run im-
mediately on arrival, without
the customary screening.
During the first show, the
fifth reel was shown ahead
of the fourth. The audience
laughed where laughs were
intended, and many told the
manager how much they had
enjoyed the picture as they
left the theatre.
"Cristo" Up
To $8,500 in
Seattle; Held
Seattle. Oct. 8. — "Count of Monte
Cristo" got off to a flying start with
a $8,500 gross at the Music Hall. As
this is $2,000 over par the picture was
held over for an extended run at the
Blue Mouse.
The competition was too strong for
the second week of Mae West. As a
result, the Fifth Avenue switched after
four days to "Barretts of Wimpole
Street." The take on the former was
estimated at $3,000, and on the latter
at $4,200.
Total first run business was $32,100.
Average is $31,000.
Estimated takings for the wreek end-
ing Oct. 6:
"THE LAST GENTLEMAN" (U. A.)
BLUE MOUSE— (950). 25c-40c-55c, 7 days.
(Extended run from Music Hall.) Gross:
$3,800. (Average, $4,000)
"BELLE OF THE NINETIES" (Para.)
FIFTH AVENUE— (2.450), 25c-40c-55c, 4
days, 2nd week. Gross: $3,000. (Average,
first week. $7,000)
"BARRETTS OF WIMPOLE STREET"
(M-G-M)
FIFTH AVENUE— (2,450). 25c-40c-55c. 3
days. Gross: $4,200. (Average, week. $7,000)
"JANE EYRE" (Monogram)
"KING KELLY OF U. S. A." (Mono.)
LIBERTY— (1.800), 10c-15c-25c, 7 davs.
Gross: $3,100. (Average. $4,000)
"DOWN TO THEIR LAST YACHT"
(Radio)
"HOUSEWIFE" (Warners)
MUSIC BOX— (950), 25c-35c-50c, 7 davs.
Gross: $3,600. (Average, $3,500)
"COUNT OF MONTE CRISTO" (U. A.)
MUSIC HALL— (2.275), 25c-40c-55c, 7
days. Gross: $8,500. (Average. $6,500)
"CHARLIE CHAN IN LONDON" (Fox)
PARAMOUNT— (3,050), 25c-35c, 7 days.
Chic Mever's International Revue on stage.
Gross: $5,900. (Average, $6,000)
Last Dietrich Picture
Hollywood, Oct. 8. — Josef Von
Sternberg has announced that "Caprice
Espagnole," on which he is now work-
ins', will be the last film in which he
will direct Marlene Dietrich. Von
Sternberg has directed Miss Dietrich
in all of her pictures except one since
he discovered her on the Berlin stage.
Adolph Fried Back Here
Adolph Fried of Film Sales Co.,
Ltd., is in New York from London
for the second time in the last sev-
eral months.
"Priest" and
Show Lead in
Philadelphia
Philadelphia, Oct. 8. — "Judge
Priest," plus the first "concert" idea
on the Fox stage was Philadelphia's
big noise, gleaning a robust $26,000.
The program was held for a second
week, with a third in prospect.
The other stage show house, the
Earle, took a neat $16,500 with "Mil-
lion Dollar Ransom" and Blanche
Calloway on stage.
Nothing sensational in "Caravan's"
$8,500 reopening figure for the
Locust, though the business indicated
a profit. Not so much the strength
of "The Fountain," which got $10,000
at the Boyd, as its suitability as a class
picture led it to be put into the Karl-
ton for second run downtown, launch-
ing the latter theatre as a second run
house again.
Total first run business was $87,700.
Average is $73,900.
Estimated takings for the week end-
ing Oct. 4:
"COUNT OF MONTE CRISTO" (U. A.)
ALDINE— (1.200), 40c-55c-65c, 6 days, 3rd
week. Gross: $8,500. (Average, $7,000)
"GIRL FROM MISSOURI" (M-G-M)
ARCADIA~-(600), 25c-40c-50c, 2nd run.
Gross: $2,400. (Average. $2,400)
"THE FOUNTAIN" (Radio)
BOYD— (2.400), 40c-55c-65c, 6 days. Gross:
$10,000. (Average, $12,000)
"MILLION DOLLAR RANSOM" (Univ.)
EARLE— (2.000). 40c-55c-65c, 6 days.
Stage: Blanche Calloway and Orchestra.
Gross: $16,500. (Average, $12,000)
"JUDGE PRIEST" (Fox)
FOX— (3,000), 35c-40c-65c, 6 days. Con-
cert on stage with augmented orchestra,
Yasha Bunchuk, Viola Philo. Jan Peerce.
Douglas Stansbury and Adelaide de Loca.
Gross: $26,000. (Average, $12,000)
"HAVE A HEART" (M-G-M)
KARLTOX— (1.000), 30c-40c-50c, 6 days.
Gross: $2,400. (Average, $3,500)
"CARAVAN" (Fox)
LOCUST— (1,300), 55c-$1.10, 6 days.
Gross: $8,500. (Average. $7,000)
"BELLE OF THE NINETIES" (Para.)
STANLEY— (3.700). 40c-55c-65c, 6 days,
2nd week. Gross: $8,000. (Average, $12,000)
"GIFT OF GAB" (Univ.)
STANTON— (1.700), 30c-40c-55c, 6 days.
Gross: $5,400. (Average, $6,000)
"Ransom" and Show
$2,700, Oklahoma
Oklahoma City, Oct. 8. — "Million
Dollar Ransom," helped by a stage
show called "Showboat Follies,"
stirred up plenty of excitement here-
abouts for four days last week by
running up a $2,700 gross at the
Liberty. This is $700 better than a
week's normal take. "Pursued,"
which played the other three days,
was pretty weak at $500.
As a result of the competition, other
first runs fared badly.
Total first run business was $12,300.
Average is $13,500.
Estimated takings for the week end-
ing Oct. 6 :
"COUNT OF MONTE CRISTO" (U.A.)
CRITERION— (1.700). 10c-20c-36c-41c-56c,
7 days. Gross: $4,000. (Average, $5,000)
"A LOST LADY" (F.N.)
MIDWEST — (1.500), 10c-26c-36c-56c, 7
days. Gross: $3,000. (Average, $4,000)
"CHARLIE CHAN IN LONDON" (Fox)
CAPITOL— (1.200), 10c-20c-26c-36c-41c, 7
days. Gross: $2,100. (Average. $2,500)
"MILLION DOLLAR RANSOM" (Univ.)
LIBERTY— (1,500). 10c-15c-26c-36c, (Show-
boat Follies on stage, 4 days. Gross:
$2,700. Average week. $2,000)
"PURSUED" (Fox)
LIBERTY — (1,500), 10c-15c-26c-36c, 3
days. Gross: $500. (Average week, $2,000)
The Leading
Daih
Motioi
Picture
Industry
MOTION PICTURE
DAILY
Alert,
Intelligent
$na
Faithful
Service 'icr
the Industry
in All
Branches
VOL. 36. NO. 85
NEW YORK, WEDNESDAY, OCTOBER 10, 1934
TEN CENTS
Columbia Net
Outlook Same
As Last Year
Stockholders Get Word;
Cohn Pacts Approved
Columbia's earnings for the three-
month period ending Sept. 30 will
equal the last year's record for the
>arae period when the net was $1.36
per share, stockholders were told at
the annual meeting yesterday.
Details could not be given out defi-
nitely, it was stated, because the audit
has not been completed.
As was expected, contracts for the
-ervices of Harry Cohn as president
and Jack Cohn as vice-president were
ratified for a period of three years
dating from July 1, 1934. The fol-
lowing directors were re-elected :
(Continued on page 23)
New Principle Set
In Plagiarism Suit
Dismissal by the U. S. Supreme
Court of an appeal to review a deci-
sion of the lower court in the case of
Wiren vs. Shubert, involving alleged
plagiarism in "Death Takes a Holi-
day," firmly establishes the fact that
the court may itself, unaided by ex-
perts, compare conflicting works and
dispose of cases of that nature with-
out trial, Louis Phillips, Paramount
attorney, stated yesterday.
The suit was filed some time ago
(Continued on page 23)
Tennessee Theatres
Take in $2,777,000
Washington, Oct. 9. — Receipts of
124 film and vaudefilm theatres in
Tennessee last year totaled $2,777,000.
and the houses had an aggregate pay-
roll of $613,000, according to the Cen-
sus Bureau.
Ten theatres in Nashville had re-
ceipts of $576,000 en a payroll of
$143,000, the bureau reported ; while
nine in Chattanooga had a take of
$199,000 on a payroll of $57,000; four
in Knoxville took in $96,000 and had
a payroll of $25,000, and 19 in Mem-
phis took in $813,000 and had a pay-
roll of $173,000.
Court Orders Study
Of Sales in Phila.
Philadelphia, Oct. 9.— The Or-
phans' Court of Philadelphia and Del-
aware County today appointed masters
(Continued on page 23)
Loew's Expects to Net Over
Per Share for This Year
Loew's will net a trifle more than $4 per share on the out-
standing 1,464,205 shares of common stock for the fiscal year
ended Sept. 1, a high official of the company told Motion Picture
Daily yesterday.
Annual report of Loew's will be ready in another month, it was
stated. The net is after depreciations and taxes as well as settle-
ment of the recent libel suit on "Rasputin and the Empress,"
for which $125,000 was paid by the company. It also includes
profits from international subsidiaries.
Loew's yesterday closed at 28% on the stock exchange with
4,900 shares traded in on the day for a loss of !4 point per share.
Fox Moves in
Patent Fight
Now Awaited
What William Fox's next move
will be in the battle he has been wag-
ing against the big electrics since his
retirement was a question that stirred
the industry yesterday. With the fight
for recognition of the validity of his
Tri-Ergon patents on double printing
and reproducer flywheels won, his next
move, it was predicted, will be to
settle the question of infringement
through suits for injunctions and ac-
countings.
Possibility of an out-of-court set-
tlement is regarded as remote by those
(Continued on page 23)
Lubitsch to Make
Two for Toeplitz
Ernst Lubitsch's deal with Toeplitz
Prod, in England is for two pictures
and contracts are on the way over
from London for signing, the director
stated yesterday.
Lubitsch said he has two more to
make for Paramount, which will take
(Continued on page 23)
Plan to End 3
N. If. Advisory
Boards Talked
A move is on foot to abandon the
three advisory boards to the New
York clearance and zoning board.
Code members hold that the work of
the advisory committees is a waste of
time since the main board hears the
same evidence and arguments.
One instance pointed to as an ex-
ample is the case of the Maplewood,
Maplewood, N. J., against New Jer-
sey exchanges and Warner theatres.
Ar. advisory committee spent four and
one-half hours on Oct. 1 hearing evi-
dence and the meeting was adjourned
(Continued on page 26)
Code Assent Limit
Change Approved
Washington, Oct. 9. — Amendment
of the film code to eliminate the pro-
vision requiring adherence within 45
days after its adoption or after the
entry of an individual or company into
the business, was approved today by
the XRA. This leaves assents onen
(Continued on page 26)
Para. Directorate Will
Include Various Groups
Paramount Publix bondholders,
stockholders, bank and trade creditors
will have representation on the new
board of directors of reorganized Para-
mount, despite the fact that indica-
tions point to one of the smallest
boards numerically in the history of
the company, it was learned yesterday.
Names discussed in reorganization
circles for places on the new direc-
torate include those of Frank A. Van-
derlip and Dr. Julius Klein, as rep-
resentatives of Paramount Publix and
Paramount Famous Lasky bondhold-
ers ; Alvin J. Schlosser as representa-
tive of Paramount Broadway bond-
holders; Percy Johnston, president of
(Continued on page 26)
Report a New
Fox Met Bid,
$4,500,000
Hay den Stone Said to
Have Made Offer
A new bid of $4,500,000 for the as-
sets of Fox Metropolitan Playhouses
was reported yesterday in well in-
formed circles to have been made to
the Fox Met bondholders' commit-
tee by Hayden Stone & Co., repre-
senting undisclosed interests.
The known association of Skouras
Bros, with John Dillon of the Hay-
den Stone office immediately gave
rise to reports, however, that the in-
vestment house was acting for
Skouras in making the reported bid.
Included as part of the bid, it is
said, is an offer to place $600,000 cash
in escrow immediately as an evidence
of good faith. This amount would
revert to the bidder if a purchase of
(Continued on page 23)
Fox Theatres Case
Decision Reserved
Decision was reserved yesterday by
Federal Judge Martin Manton on the
validity of the claims of creditors who
are petitioning for a reorganization
of Fox Theatres under Section 77-B
of the Bankruptcy Laws after the
petition had been attacked on the
grounds of bad faith.
Archibald Palmer, counsel for a
group of bondholders of Fox Metro-
politan Playhouses, all of the com-
mon stock of which is owned by
Fox Theatres, charged bad faith in
(Continued on page 23)
Radio Trading Stirs
Interest in Street
For reasons not readily apparent to
Wall Street traders, considerable ac-
tivity in Radio Corp. issues has per-
sisted over a period of several weeks
past and is now leading to widespread
speculation in the street as to whether
or not the unusual activity in these
stocks is not due to a revival of
interest in the issues by the operator
(Continued on page 23)
British Lion Head
Seeks Indie Films
Sam Smith, managing director of
British Lion, is negotiating with a
number of independent companies for
26 pictures which his company will
distribute in England. He also has
(Continued on page 23)
MOTION PICTURE
DAILY
Wednesday, October 10, 1934
MOTION PICTURE
DAILY
(Registered U. S. Patent Office)
Vol. 36
October 10, 1934
No. 85
Martin Quigley
Editor-in-Chief and Publisher
MAURICE KANN
Editor
JAMES A. CRON
Advertising Manager
Published daily except Sunday and holi-
days by Motion Picture Daily Inc., sub-
irLrv of Ouigley Publications, Inc.,
Martin QuigleV President; Colvin Brown,
Vice-President and Treasurer.
V Publication Office 1790 Broadway New
York. Telephone Circle 7-3100. Cable ad
dress "Ouigpubco, New York. All con-
tents copyrighted 1934 by Motion Picture
PICTURE ALMANAC and THE CHI-
CAGOAN. „ , tt • t *r„
Hollywood Bureau : Postal Union Life
Building. Vine and Yucca Streets, Ptctor
M Shapiro, Manager; Chicago Bureau; 407
South Dearborn Street, Edwin S. Clif-
ford, Manager; London Bureau: Kemo
House, 310 Regent St., London, W. 1,
Bruce Allan, Representative. Cable address.
"Ouigpubco, London"; Berlin Bureau:
Berlin-Tempelhof, Kaiserin-Augustastrasse
28 Joachim K. Rutenberg, Representative;
Paris Bureau: 19, Rue de la Cour-des-
Noues, Pierre Autre, Representative; Rome
Bureau: Viale Gorizia, Vittorio Malpassutt,
Representative; Sydney Bureau: 102 Sus-
sex Street, Cliff Holt, Representative; Mex-
ico City Bureau: Apartado 269, James
Lockhart, Representative; Glasgow Bureau:
86 Dundrennan Road, G. Holmes, ; Repre-
sentative; Budapest Bureau 3, Kaplar-u,
Budapest, II, Endre Hevesi, Representa-
tive; Moscow Bureau: Civtzev Vrazhek, IN.
25, Apart. 146, Moscow, U. S. S. R., Bella
Kashin, Representative. Cable address:
Samrod, Moscow.
Entered as second class matter, January
4 1926, at the Post Office at New \ork
City, N. Y., under Act of March 3, 1879.
Subscription rates per year; $6 in the
Americas, except Canada $15 and foreign
$12. Single copies: 10 cents.
Schreiber Suit to
Be Heard by Master
Detroit, Oct. 9. — After five days
of trial, the suit of Jacob Schreiber,
owner of four theatres on Woodward
Ave., against Louis and Ben Cohen
of Cooperative Booking and all dis-
tributors but M-G-M will go before
Special Master William Sayers of the
U S. District Court here next Tues-
day.
Schreiber contends that preferential
treatment given to Cooperative by
defending distributors is a restraint
of trade.
Edward Raftery of O'Brien, Dris-
coll and Raftery, New York attor-
neys, arrives here Tuesday to defend
distributors in association with Rock-
well Gust, local attorney. William
Henry Gallagher is counsel for
Schreiber.
Edward Raftery leaves for Cleve-
land Sunday and on Monday will
leave that city for Detroit. Raftery
stated yesterday he had been retained
by distributors to defend the case in
conjunction with Rockwell Gust of
Detroit.
Local Product Deal
Agreement Delayed
Prior to signing of contracts yester-
day settling the local product con-
troversy between Loew's, RKO,
Skouras, Randforce and Springer &
Cocalis, a last minute hitch, said to be
a disagreement over the language in
the pacts, held up the deal.
The differences are said to be minor
and will be cleared within the next
day or so.
M. P. Council Meeting
The Westchester County M. P.
Council opened the fall season with a
special meeting yesterday at the
Woman's Club in Portchester. Leon
J. Bamberger, in charge of sales pro-
motion at RKO, and William Mi-
chaelson, manager of the RKO Em-
bassy in Portchester, were among the
speakers.
Warners Lining Up
"Happiness" Drive
Warners are lining up an extensive
national exploitation campaign to help
exhibitors in selling "Happiness
Ahead," which has its New York
showing at the Strand tonight.
Song numbers from the film will
be featured in two important radio
programs. One is a Rudy Vallee
broadcast emanating tomorrow night
from the Warner studio on the coast.
Another is the "Hollywood Hotel"
hour Friday night featuring Dick
Powell, who appears in the picture.
Both programs will go out on a coast-
to-coast hookup.
Exhibitors will also profit through
the designation of a "Happiness
Week" coincidentally with the release
of the picture over the country. Pledge
cards urging patrons to do some
deed that will spread happiness will
be supplied to exhibitors for distribu-
tion to their audiences during this
period.
Thirty-seven Seek
To Join M. P. Club
Thirty-seven applications for mem-
bership in the Motion Picture Club
are up in committee for disposal. The
membership committee whose task it
is to vote favorably or otherwise in-
cludes Harry D. Buckley, Gabriel L.
Hess, Austin C. Keough, Louis Nizer,
Lee A. Ochs, Martin Quigley, Phil
Reisman and James Ryan.
The applicants are:
John M. Benas, Harry H. Buxbaum, J.
O'Byrne DeWitt, Nathan Dobson, Thomas
P. Drew, Dave and Max Fleischer. Al
Friedlander. Samuel R. Gerstein, Lou Gold-
berg. J. R. Grainger, L. F. Guimond.
Herbert Jaediker, Henry W. Kahn. Erwin
S. Kleeblatt, Jacques Kopfstein. Alfred S.
and Sherman S. Krellberg, Ed Kuykendall,
Joseph T. Lee. Michael J. Merkin. Anthony
Muto, Creed A. Neeper, George Nitze, Isroy
Norr. Charles J. Oppenheim. Isidore S.
Perse. Sidnev I. Prager. Frederick C.
Quimby. Dr. Martin L. Reiffel. William F.
Rodgers. Bernard Sholtz, Jack H. Skirball.
William Small. Walter Trumbull. Albert
Warner and George Weltner.
Loew's Boston Dividend
Loew's Boston Theatres, Inc., have
declared a regular quarterly dividend
of 15 cents, payable Nov. 1 to stock-
holders of record of Oct. 22.
Weeks Adds Several
To G-B Sales Staff
George W. Weeks, general sales
manager of Gaumont British, yester-
day appointed Joe Kaliski, formerly
of Fox and M-G-M, sales manager
in Washington, D. C.
Mark Goldman, formerly of Fox,
was also appointed sales manager in
Pittsburgh and Harry Skirball was
named head of the exchange in Cleve-
land.
Abe Fischer, who has been asso-
ciated with Gaumont British for some
time, was appointed home office repre-
sentative for Chicago. Milwaukee.
Minneapolis, Indianapolis, St. Louis
and Kansas City. A sales manager
of the Chicago office will be named
this week.
Lucchese Lunch Guest
Philadelphia, Oct. 9. — Over 200
exhibitors and exchange men turned
out to greet Tony Lucchese. Gold
Medal exchange manager, who re-
turned to Vine Street after a year of
illness. The affair was celebrated bv
an Italian luncheon at Palumbo's Cafe
in South Philadelphia.
Hold "Peck" at Roxy
"Peck's Bad Boy" is being held a
second week at the Roxy and is like-
lv to go a third.
< Purely
Personal ►
David Bernstein, Albert Warner,
Elmer C. Rhoden, Harris P.
WOLFBERG, HERSCHEL STUART, Ed
Olmstead, Jules Levy, Ed McEvoy,
Dr. A. H. Giannini, Felix F. Feist,
Tom Conners, E. M. Saunders, E.
A. Alperson, Robert Wolf, Louis
Phillips, Eugene Zukor, Harold
Rodner, Lou Metzger, Laurence
Bolognino, Si Seadler, Mort Spring.
David Loew, E. C. Grainger, Gus
Edwards, David Weinstock, Jack
Trop, J. H. Hofkberg and Harry
Shiffman were among M. P. Club
lunchers yesterday.
I. E. Chadwick, proving he's still
in town; Harry Thomas, Morris
Kinzler, Martin Dickstein, Jim
Mulvey, Joe Pollak, Dick Brady
and Lynn Farnol were among those
lunching at the Tavern yesterday.
John Cromwell and wife, Kay
Johnson, returning from a three
months' trip abroad, arrive today on
the Majestic, which was delayed a
day.
Walter Eberhardt casting long-
ing eyes toward Nassau, scene of last
year's vacation place and in top spot
for this year's selection as well.
Andre Horney arrives from Paris
on the Statendam Saturday bound
for the M-G-M studios where he will
write lyrics.
John Myers, publicity director for
London Films, sails today for Eng-
land.
Marcus Griffin now has an eight-
pound son born at the Midtown Hos-
pital.
Claire Trevor arrives in town to-
day for a brief vacation from the Fox
studio.
Clemence Dane arrives on the
Majestic today instead of yesterday.
Edward Schnitzer of Columbia
was down with a cold yesterday.
Eddie Cantor is now figuring on
sailing for London Dec. 1.
Jules Levy is planning a trip to
the west shortly.
Kay Francis arrives today on the
Rex.
Paramount Drops Half on Big Board
Columbia Pictures, vtc. ......
Consolidated Film Industries.
Depinet to Coast Today
Ned E. Depinet leaves for the coast
by plane today for conferences with
studio executives on RKO Radio pro-
ductions planned and now in work.
His visit may be extended several
weeks.
Flint Duals End Nov. 1
Flint, Oct. 9. — Double features will
end here Nov. 1. Both indie houses
and circuit theatres have agreed on
a plan to do away with the duals.
Fox Film "A'
Loew's, Inc.
RKO
Net
High
Low
Close
Change
Sales
36%
3656
3656
1,300
354
356
354
300
1344
1344
1344
- 46
100
10054
9944
9944
- 54
200
14054
14056
14054
— %
1.00"
1144
1144
1144
- 54
300
29
2854
2844
- 54
4.900
454
VA
45*
- 54
17,000
154
156
156
. .800
1244
1254
125$
- 54
500
244
254
254
- 54
500
4%
4%
4S6
- 54
4.000
Technicolor Off Half on Curb
Technicolor
Net
High Low Close Chajige
. 12 12 12 — 54
Salps
100
Paramount Publix Bonds Off Two
Loew's 6s '41, ww deb rights..
Paramount Broadway 554s '51 .
Paramount F. L. 6s '47
Paramount Publix 554s '50
Pa the 7s '37, ww
Warner Bros. 6s '39, wd.
Net
High
Low
Close
Change
Sales
10254
102
10254
+ U
7
41
40
40
--244
60
. 5854
5854
5854
-154
7
. 60
58
58
2
13
98
9854
+ %
2
31
31
31
1
. 6054
59
59
—1
15
Gets Contract Report
Hollywood, Oct. 9. — The complete
report of the administration of the
Academy standard minimum contract
for artists for the year ended Oct. 1
was presented to the Academy's board
of governors tonight.
Benjamin Glazer Coming
Hollywood, Oct. 9. — Benjamin Gla-
zer was on his way to New York by
plane tonight to seek story material
for forthcoming Paramount produc-
tions.
Arliss Opens Oct. 17
George Arliss' second starring ve-
hicle for 20th Century. "The Last
Gentleman." opens at the Rivoli The-
atre next— W-ednesday, Oct. 17th.
United Artists is releasing.
Grainger to Pittsburgh
' E. C. Grainger, eastern division
manager for Fox, leaves for Pitts-
burgh, Philadelphia and Washington
on Saturday.
aumont
ens For
British
Business
This is a statement from exhibitors to exhibitors. We operate 350 theatres in
London and the British Isles. De luxe, suburban, neighborhoods.
f We don't ask where pictures are made. All we ask is: "Are they good
entertainment?" And that's all our patrons ask. We believe you and your
patrons feel the same way.
€ We are also producers. We will bring you 16 productions every year.
We know — and you know — that new personalities, new faces, new stories
and new treatments, are what you want. And that's what we'll give you.
Mr. Sidney R. Kent, President of Fox Films Corp., after screening our product,
invited us to release in the U. S., through Fox. We consider this a compliment.
And a responsibility. Mr. Kent's standards are high. We will measure up to them.
f Our sales offices in the U. S. will be in the Fox Exchanges. The branches
will handle prints and accessories. Our own sales force will shortly contact you
from your Fox Exchange. Regal Films, Ltd., will continue to serve Canada.
*H Our policy is simple. Screen our pictures. Look before you book. Our
first [8] are presented herewith. They tell our story in one word — Box-office.
MARK OSTRER
Chairman of the Board
JEFFREY BERNERD
General Manager
GAUmOm* BRITISH PRODUCTIOriS
16 0 0 BROADWAY • NEW YORK CITY
U.S. DISTRIBUTION-FOX EXCHANGES • IN CANADA, REGAL FILMS, Ltd.
ROXY
BOOKS
CHU CHIN CHOW
cmJ NINE MORE /
T
POWER
^W'three more/
Based on the celebrated novel by
LION FEUCHTWANGER
Directed by
LOTHAR MENDES
t/i£#n£AidouA new jWiJum&iitif'
CoWiad\ rEIDT
BEN ITA HUME
GERALD duMAURIER
FRANK VOSPER
CEDRIC HARDWICKE
RADIO CITY MUSIC HALL
ENTHRALLING ROMANCE
OF THE SLAVE GIRL
WHOSE BEAUTY EN-
SLAVED HER MASTERS.
WRECKED ROXY RECORDS!
TWO BIGGEST WEEKS
IN LAST SEVEN YEARS!
CHU
CHIN
CtiOW
AUTHOR: OSCAR. ASCUE
DIRECTED btf WALTER FORDE
MUSIC BY FREDRICK NORTON
MUSICAL DIRECTOR: LOUIS LEVY
Wl
ANNA MAY WONG
GEORGE ROBEY
FRITZ KORTNER
Directed by
C TO R S AV I L L E
Authors
EDWARD KNOBLOCK and BEVERLY NICHOLS
with FRITZ KORTNER
CONCHITA SUPERVIA
EMLYN WILLIAMS
CARL ESMOND
ALICE DELYSIA
THEY WERE LOVERS— ONLY YESTERDAY— BUT HE
COULDN'T REMEMBER— AND SHE COULDN'T FORGET.
HRLISS
IRON
DUKE
##
with
ELLALINE TERRISl
GLADYS COOPE]
A. E. MATTHEW!
ALLAN AYNESWORTF
THE MOST SENSATIONAL DISCOVERY IN YEARS!
essie
Matthew
i n
vergree
SHE CAN SING! SHE CAN DANCE! SHE CAN ACT! SHE CAN LOOK! SHE CAN CHARM!
Princess Personality Herself!
Youth, beauty and a Million Dollars worth of Magnetism!
This is not a prediction— this is a promise. Jessie
Matthews will be one of the Biggest Box- Office Bets
in America within the next 6 months.
Based an the stage play by BENN W. LEVY
Directed by
VICTOR SAVILLE
Lyrics and Music by HARRY M. WOODS
RICHARD RODGERS and LORENZ HART
/
JESSIE MATTHEWS
Princess Personality Herself
rr
Jack's Sensational Song Success— "MY HAT'i
ON THE SIDE OF MY HEAD," will be Sung
Whistled and Played, on the Air and Every
where: on Release.
Dne of the Greatest dis-
zoveries. One of the most
deeply moving perform-
ances. One of the most
Sincere stories in years.
WOMEN WON'T CRY-THEY'LL SOB
-AND LOVE IT!
A NEW PERSONALITY
Nov/i ? i I b tJi m
in
Little Friend
with MATHESON LANG • LYDIA SHERWOOD
D / reefed by
BERTHOLD VIERTEL
OPENING OCT. 18 TWICE DAILY (ZxjrnJuTLC^l CRITERION THEATRE
Vl A N 4 A ^ A N
DIRECTED BY ROBERT FLAHERTY
PRODUCER OF'NANOOK OF THE NORTH*
■ r
ON THE WAY
JUST AS GREAT. . .
AS THE FIRST EIGHT
GfllimonT BRITISH PRODUCTIOnS
16 0 0 BROADWAY • NEW YORK CITY
U.S. DISTRIBUTION-FOX EXCHANGES • IN CANADA, REGAL FILMS, Ltd.
Wednesday, October 10, 1934
MOTION PICTURE
DAILY
23
Report a New
Fox Met Bid,
$4,500,000
{Continued from page 1)
the Fox Met assets could not be con-
summated, it is understood, but would
stand as an initial cash payment in
the event a deal were closed. In
what form the $3,900,000 balance
would be paid could not be learned
yesterday.
Sources close to the Fox Met sit-
uation are of the opinion that Hay-
den Stone is bidding for Skouras
Theatres with Randforce possibly in-
cluded in the proposal, either on a
participating basis or on an agree-
ment to continue operations by con-
tract with Skouras. Randforce repre-
sentation in such a deal is regarded
as essential inasmuch as the Fox Film
franchise is held jointly by the two
operators of Fox Met.
Attorneys for Skouras denied yes-
terday that their company was be-
hind the Hayden Stone bid. George
Skouras could not be reached for
comment.
Fox Theatres Case
Decision Reserved
(.Continued from page 1)
the filing of the petition, alleging
that it is merely an attempt to real
ize on Fox Met assets. Palmer,
likewise, attacked the validity of the
claims of Miriam Rogers of Bos-
ton, a sister of A. C. Blumenthal,
in the amount of $350,000; the claim
of Louis B. Seidman, a broker, for
$35,000 and that of a typewriter con-
cern for $29. The Bankruptcy Laws
require that a petition for reorgani-
zation be filed by at least three credi-
tors and Palmer attempted to dis-
qualify the claims of one or more
of the petitioners.
Mrs. Rogers' claim is alleged to
have been assigned to her by Blu
menthal, who, Palmer stated, filed
it on the basis of a commission al-
leged to be due him for the acquisi-
tion of a theatre site in Boston for
Fox in 1931.
Judge Manton adjourned the hear-
ing to Oct. 18.
Fox Midwest Setup
To Await FWC Move
Reorganization of Fox Midwest
will not take place until F. W. C. is
reorganized, Elmer Rhoden, head of
the midwest circuit, stated yesterday.
He said he expected the coast or-
ganization to be rehabilitated within
the next month or so, but could give
no approximate date for his group of
theatres.
Rhoden is in New York conferring
with F. W. C. executives on product
buys for this season. He expects to be
here three weeks.
W infield Sheehan Leaves
Winfield Sheehan, in charge of pro-
duction at the Fox studios, left for
Hollywood by train yesterday to re
sume his duties at the studios. Shee-
han recently arrived here from abroad.
Fox Moves in
Patent Fight
Now Awaited
{Continued from page 1)
who know Fox's attitude. He has
never been prone to compromise, they
say, and he has indicated before a
U. S. Senate investigating committee
and in the book "Upton Sinclair Pre-
sents William Fox" that he feels
strongly his retirement was forced.
Daniel G. Rosenblatt of Hirsh,
Newman, Reass & Becker, who has
been handling the litigation for Fox,
said yesterday his next move probably
would be outlined in a few days. Erpi
remained silent, indicating a statement
would be forthcoming later in the
week. All attorneys connected with
RCA Photophone and RCA said no
statement would be made at present.
Otto Koeger of Hughes, Schurman
& Dwight, who has been handling the
involved litigation between Fox Film
and Fox in which the Tri-Ergon pat-
ents figure, could not be reached.
One attorney, who did not wish to
be quoted, said there was prospect of
another year or more of litigation be-
fore a settlement can be reached. The
courts, he said, must decide whether
there has been infringement and how
much.
Lubitsch to Make
Two for Toeplitz
(Continued from page 1)
another year. After the Paramount
contract expires, Lubitsch will go to
London, make one of the duo for
Toeplitz, return here and make a
picture and then go back to London
to complete the deal. He said he
did not know for whom he would
make a picture after the first Toeplitz
film and no negotiations are under
way at this time.
Here for a three-week vacation fol-
lowing completion of "The Merry Wi-
dow," Lubitsch stated he will never
give up the idea of continuing to make
pictures in Hollywood. He said he
loves the coast and the industry. "The
Merry Widow" has been made in four
versions, one English version for
American audiences and another for
British consumption, one for Bel-
gium and the last for France. He
said Maurice Chevalier and Jeanette
MacDonald appear in all four.
Lubitsch holds that there is a defi-
nite trend toward operas and many
new pictures will have operatic se-
quences. He says :
"I've been hearing so much about
operatic pictures that in my dreams
I can see gangster pictures being
made with opera sequences. Since
'One Night of Love' there is a terrific
vogue for this type of picture."
Coincidence
It's purely a coincidence,
insists Si Seadler of M-G-M,
that the Cardinals yesterday
won the World Series and in
"Death on the Diamond" the
St. Louis team is shown win-
ning the pennant in a series
game.
New Principle Set
In Plagiarism Suit
{Continued from page 1)
by Myra Page Wiren against Shu-
bert Theatre Corp. and Paramount
Publix, the complainant contending
that her allegorical poem "Most" was
plagiarized by "Death Takes a Holi-
day."
Representing Paramount, Phillips in
the U. S. District Court of New York,
southern district, moved for a dis-
missal without trial on the ground
that a comparison of the poem and
the picture showed they were not
similar and therefore there was no
need of a trial. Judge Henry God-
dard dismissed the complaint and this
was appealed to the Circuit Court of
Appeals where the dismissal was
unanimously affirmed.
The poetess then applied for a writ
of certiorari to the Supreme Court
and the petition was denied.
Santell Quits in London
London, Oct. 9 (By Cable).— Al-
fred Santell is out as director of the
"Dictator" for Ludovico Toeplitz, who
says that in view of the fact his su-
pervisory policy is not consistent with
Santell's methods he acceded to the
director's request that he be permit-
ted to resign. The situation is similar
to the recent resignation of Rowland
Brown from London Films.
Court Orders Study
Of Sales in Phila.
(Continued from page 1)
to consider the advisability of the sale
of the four theatre properties of the
William Freihofer and Fred Nixon-
Nirdlinger estates.
The buyer named is L. M. Maeder,
employe of Albert M. Greenfield.
The houses were reported last week
to have been bought by H. M. War-
ner, but this was denied. The court
action indicates that the sale will go
through, but the papers do not dis-
close the real purchasers. Hearings
will begin as soon as possible.
Lederer Incorporates
Francis Lederer has filed incorpora-
tion papers through his New York
attorney. He plans to open a Broad-
way revue in November, in which he
will appear. Rehearsals will be held
in Hollvwood.
"U" Signs Eugene Walter
Eugene Walter, author of numerous
Broadway stage shows, has been
signed by Carl Laemmle, Jr., to do
the screen adaptation of "Magnificent
Obsession." Walter leaves for Uni-
versal City shortly.
Wolf berg Goes to K. C.
Harris P. Wolfberg, midwest dis-
trict manager for M-G-M, left for
St. Louis yesterday after a week here
conferring with Felix Feist. From
St. Louis he will go to Kansas City,
his headquarters.
Harry Sachs to Dallas
Cleveland, Oct. 9. — Harry Sachs,
feature booker for the Warner theatre
department, has resigned to become
booker for the Publix circuit with
headquarters in Dallas.
Columbia Net
Outlook Same
As Last Year
{Continued from page 1)
Harry Cohn, Jack Cohn, Leo M.
Blancke, Nathan Burkan, Abe Schnei-
der, Sol Bornstein and Jack Kerner.
Dr. A. H. Giannini, recently elected
a voting trustee in place of Joe
Brandt, resigned, praised the progress
of the company and its earnings show-
ings during the depression period. He
said that about 15 years ago he gave
the Cohn brothers their first loan.
Harry Cohn was not present.
Radio Trading Stirs
Interest in Street
(Continued from page 1)
identified with their sensational rise
of 1929.
Reports are freely circulated in the
financial district that this is so and,
despite the improved earnings posi-
tion reported by RCA for the first
six months, and other considerations
which might explain the current ac-
tivity, the street persists in its belief
that none of these as readily explains
the stock movements as the report
that the original sponsor of this bull
market favorite is again in the field.
Though no spectacular gains have
been made in the Radio shares of
late, the daily turnover for the past
several weeks has averaged from 15,-
000 to 20,000 shares.
British Lion Head
Seeks Indie Films
(Continued from page 1)
a deal on for an American distributor
to handle some British Lion product.
Smith leaves tomorrow for Toronto
to confer with N. L. Nathanson of
Regal Films in Canada and returns
Monday by which time he expects to be
set on his two deals. Paramount may
take some of the British films for
this market, it is understood.
The British Lion executive sails on
Oct. 19 aboard the Aquitania, which
will have among its passengers Mark
Ostrer, Jeffrey Bernerd and Michael
Balcon of Gaumont British.
Midwest Picking Up,
W. F. Rodgers Finds
Business conditions in the midwest
are much better than they were six
month's ago, William F. Rodgers,
M-G-M eastern division manager,
stated yesterday following his return
from Cleveland and Pittsburgh.
"There is no question that things
are decidedly better," he said. Rodg-
ers expects to leave for Pittsburgh
over the week-end on another short
trip.
Resume Revival Series
Another series of revivals is to be
put on by the Film & Photo League,
12 East 17th St. Features to be
shown will be : "The Last Moment,"
"Shattered," "Metropolis," "Old and
New," "Comrades of 1918," "Beggar
on Horseback," "Ten Days That
Shook the World" and "Storm Over
Asia."
*BCSe Of ^ -
will laugh and cry together
If you've seen it . . . you know how tears of sym-
pathy and gladness well into your eyes ... as a
jealous aunt and her snooty son make life a hell
for this motherless lad . . . and almost turn his
father against him.
Jackie Cooper
in
PECK'S BAD
BOY
THOMAS
JACKIE
0. P. H
MEIGHAN
S E fi^ R L
E G G I E
DOROTHY PETERSON
A Sol Lesser Production
Directed by Edward F. Cline
Screen play by Bernard Schubert and Marguerite Roberts
0s
26
MOTION PICTURE
DAILY
Wednesday, October 10, 1934
Para. Directorate Will
Include Various Groups
Plan to End 3
N. Y. Advisory
Boards Talked
(Continued from page 1)
to Oct. 8, when again representatives
for both sides consumed three hours
to complete the testimony.
Because two other cases were on
the calendar for the same day, the
board postponed the executive session
to Oct. 15, when a recommendation
for a decision will be made. On Oct.
18, the main board meets and again
the litigants will be present to submit
additional testimony and summation.
That so much time should be spent
on one case is regarded by some code
members as ridiculous. Under a pro-
posed plan, the New York, New Jer-
sey and Long Island advisory boards
would be eliminated and litigants will
be allotted 15 minutes to present their
sides of the case before the main board.
It is understood a recommendation
along these lines will be made to
Campi either at tomorrow's session or
the meeting following.
Roosevelt, Beacon,
Complaint Quashed
Complaint of the Roosevelt, Beacon,
N. Y., against the Beacon, same city,
and Paramount on an alleged breach
of contract was dismissed yesterday
by the New York grievance board.
The owner of the Roosevelt previous-
ly operated the Apollo, which since
has been closed, and with the consent
of Paramount had a number of pic-
tures transferred to the new house.
After the Roosevelt opened, Para-
mount sold four pictures to the Bea-
con, to which the Roosevelt claimed
it was entitled under the Apollo con-
tract. Louis Nizer, representing the
distributor, contended the Apollo
agreement was not entirely trans-
ferred.
When Dave Weinstock of the Rial-
to, Newark, declared he would not
advertise prematurely again and that
the issue at stake was an oversight
on the part of the manager, Warners
withdrew a complaint filed on behalf
of the Goodwin, same city.
The Llewellyn, West Orange, com-
plaint against Moe Rosenberg and
Weinstock for interfering with pos-
session of the house by negotiating for
the theatre, was certified to Campi
after the board dismissed Weinstock
as a co-defendant. Weinstock said
he was not interested in the theatre.
Code Assent Limit
Change Is Approved
(Continued from page 1)
indefinitely for newcomers in the in-
dustry.
The time limit for assents has been
a subject for criticism ever since the
code was adopted and the oeriod had
been extended to give all interests an
opportunity for a full study of the
agreement before making a decision.
It has since been represented that
members of the industry who did not
come under the code within the orig-
inal time limit now would be willing
to accept it, and elimination of the
assent limitation was recommended by
Campi.
(Continued f
the Chemical Bank & Trust Co., rep-
resenting the bank group and, possi-
bly, Sir William Wiseman of Kuhn,
Loeb & Co., a veteran of earlier Para-
mount boards, and Maurice Newton
of Hallgarten & Co., representing
stockholders.
From the company itself the fol-
lowing appear to be slated for posts
on the directorate : Adolph Zukor,
George Schaefer, S. A. Lynch, Austin
Keough and either N. L. Nathanson
or Emanuel Cohen. It is expected
that the complete board will not ex-
ceed 12 members, as compared with
earlier Paramount boards of 18 mem-
bers.
According to current reports, a
schism has arisen in Paramount re-
organization circles between the stock-
holders' protective committee headed
by Duncan A. Holmes and other re-
organization factors over the amount
of representation on the new board
"The Return of Chandu"
(Sol Lesser-Principal)
Hollywood, Oct. 9. — "The Return
of Chandu" is 12 episodes of thrills
and mystery. It will keep the young-
sters on the edge of their seats. Al-
though there have been tentative plans
to release the film as a feature, it cuts
up into a much better serial with
promise of a good reception at neigh-
borhood box-offices.
The story features Bela Lugosi,
known as Chandu the Magician in
the Orient where he was born, and
Frank Chandler in America. Chandu
brings the Egyptian princess Nadji,
played by Maria Alba, to Hollywood
to escape death at the hands of the
mystic cult of the Ubasti. The cult
wishes to sacrifice her in order to
bring to life the recently recovered
body of Princess Osanna of Lemuria
and restore the lost continent to its
former glory.
The following episodes, each wind-
ing up in wild uncertainty, involve a
series of chases and black magic which
carry the pursued half way around
the world. A happy ending finds
Chandu and Princess Nadji enamored.
Lugosi, Miss Alba, Clara Kimball
Young, Lucien Prival, Dean Benton,
Phyllis Ludwig and the balance of
the cast offer good performances. Di-
rector Ray Taylor's handling of sus-
pense is excellent. Barry Barringer
did a good screen adaptation from the
radio story by Harry Earnshaw, Vera
Oldham and R. R. Morgan. The epi-
sodes retain the original Chandu theme
music. Excellent photography by John
Hickson.
"Life's Last Laughs"
(C. S. Clancy-Columbia)
This is No. 2 of the series based on
quaint and humorous epitaphs on
tombstones. Some of these carvings
on stone reveal a really remarkable
sense of humor. Others give a good
insight on human nature. No code
seal. Running time, 10 mins.
rom page 1)
to which stockholders are entitled and,
also, over alleged delays in consum-
mating the reorganization plan which,
it was believed some time ago, could
have been presented by Oct. 1.
The bondholders are expected to
receive approximately half of their
$25,000,000 claims in debentures of
the new company and the other half
in new convertible preferred stock.
Banks will probably receive $3,600,000
of their $13,200,000 claim in cash and
the remainder in some form of new
paper. Stockholders will retain their
equity after an indicated exchange of
one share of new stock for each two
ot the old. This plan, continuing as
it does a large portion of the out-
standing indebtedness of Paramount,
virtually assures these principal credi-
tor groups of representation on the
board of reorganized Paramount until-
such time as the obligations repre-
sented have been liquidated.
"Switzerland the
Beautiful'*
(M-G-M)
Another of the James A. FitzPatrick
Travel Talk series, this time done in
Technicolor. Interlaken, Lucerne and
Geneva are covered with interspersed
scenes of typical village life. The
coloring greatly enhances the film and
makes it doubly entertaining. Run-
ing time, 10 mins.
"Good Golfers Start
Young"
(Columbia)
An interesting and at the same time
amusing study of form in golf. Among
the prominent golfers seen in action
are Maureen Olcott, Johnnie Hines,
"Wiffy" Cox, Walter Kozak and
Johnny Farrell. There is also an
amazing exhibition by a tot named
Eddie Rule, Jr. No code seal. Run-
ning time, 10 mins.
"Polo Thrills"
(Columbia)
Here is a sports short that lives up
to its title. It is furious action from
beginning to end. If a program needs
something with a wallop, this should
fill the need. The film shows how
polo ponies are trained and winds up
with a series of exciting shots of
an international polo match between
teams representing the United States
and Great Britain. As fine a short as
could be wished for. No code seal.
Running time, 10 mins.
"Katnips of 1940"
( Mints-Columbia )
A fine job of animation has been
done on this "Krazy Kat" number. It
is lively and diverting. The cartoon
relates the tale of the aspiring musical
show novice who gets her break when
the star goes phooey. Smartly exe-
cuted. Code seal No. 66. Running
time, 7 mins.
"Richest" Is
Hit in Frisco
With $16,000
San Francisco, Oct. 9. — First runs
had a big week, with three going well
over normal, and another making par.
"The Richest Girl in the World"
headed the list at the Golden Gate by
going over the line $3,000 for a take
of $16,000.
"Judge Priest" grabbed $25,000 at
the Warfield with vaudeville and a
stage band.
Total first run business was $85,000.
Average is $83,000.
Estimated takings :
Week Ending Oct. 2:
"THE RICHEST GIRL. IN THE WORLD"
(Radio)
GOLDEN GATE— (2,800), 25c-35c-40c, 7
days. Stage, band. Gross: $16,000. (Aver-
age, $13,000)
Week Ending Oct. 3:
"DEATH ON THE DIAMOND" (M-G-M)
"LOVE TIME" (Fox)
FOX— (4,600), 15c-30c-40c, 7 days. Gross:
$11,000. (Average, $11,000)
"BELLE OF THE NINETIES" (Para.)
PARAMOUNT — (2,670), 15c-25c-55c-65c, 7
days, 2nd week. Gross: $11,000. Average,
$11,000)
"JUDGE PRIEST" (Fox)
WARFIELD— (2,700), 25c-35c-55c-65c, 7
days. Stage, vaudeville, band. Gross:
$25,000. (Average, $23,000)
Week Ending Oct. 4:
"ONE NIGHT OF LOVE" (CoL)
ORPHEL'M — (3,000), 15c-30c-35c-40c, 7
days, 5th week. Gross: $5,000. Average,
$9,000)
"OUTCAST LADY" (M-G-M)
ST. FRANCIS— (1,400), 15c-35c-55c, 7
days. Gross: $7,000. (Average, $8,000)
"COUNT OF MONTE CRISTO" (U.A.)
UNITED ARTISTS— (1,200), 15c-35c-55c.
7 days. Gross: $10,000. (Average, $8,000)
Differences Aired
On Buffalo Zoning
Differences over the Buffalo clear-
ance and zoning schedule were aired
at Campi yesterday before a special
appeal committee comprising Leslie
E. Thompson, chairman ; E. C. Grain-
ger and Tom Murray.
Attending from Buffalo were Jane
Halloran, code secretary, Jules Mi-
chaels, Basil Brothers, Benjamin Gold
and S. Balser among others. Louis
Xizer, O. O. Decker and William
Rodgers, the latter two with M-G-M,
also were on hand.
Rosenblatt to Study
Atlanta* s Board Row
Atlanta, Oct. 9. — Division Admin-
istrator Sol A. Rosenblatt has assured
Ike Katz, head of the G. F. T. A.,
that a probe will be made into the eli-
gibility of Nat Williams and Oscar
Lam to serve as unaffiliated members
of the local code boards.
Charles H. Burkey Dead
Kansas City, Oct. 9. — Charles H.
Burkey, 63, veteran exhibitor, died
early today of heart disease. Funeral
services will be Thursday. Burkey en-
tered exhibition here 22 years ago,
when he built the Summit, which he
operated until his death. He had been
president of the Independent Theatre
Owners of Kansas City several years
before being forced into retirement
three years ago by ill health. For
many years he served as vice-presi-
dent of the M.P.T.O. of Kansas and
Western Missouri, of which he was a
founder.
Looking Over Shorts
a bo*
t looks
or
tion
pi
bank, «atn
eat-
And How fte will
roar on the screen
of the ~
STATE
THEATREo
during the coming
season of 1934*35 1 '
WE'RE happy to announce that
the beloved M-G-M lion is on
his way to this theatre with enter-
tainments galore. All the great star k
players of Hlmdom, all the delightful
motion pictures that he sponsors '
on the screen are now assured the
patrons of this theatre. More glam-
orous, more gloriously enjoyable
than ever is the happy array of Stars,
stories and hits that are on the way
to you during the coming season !
Just 4 of many
M-G-M Hits to
Delight you!
THE BRIGHTEST OF SCREEN STARS —
THE MOST INTRIGUING OF STORIES— COMBINED
M-G-M TO PRODUCE GOLDEN HOURS OF ENTERTAINMENT I
NORMA SHEARER
CHARLES LAUGHTON
Herbert Marshall
in Stefan Zweig's. best-seller
MARIE ANTOINETTE
THE GOOD EARTH
CLARK GABLE
WALLACE BEERY
ROBERT MONTGOMERY
in the widely-read story
MUTINY on the BOUNTY
*
JEANETTE MacDONALD
NELSON EDDY in
Victor Herbert's immortal operetta
NAUGHTY MARIETTA
ANN HARDING
ROBERT MONTGOMERY
in the memorable stage s
BIOGRAPHY OF A
BACHELOR GIRL
*
STAN LAUREL
OLIVER HARDY
in Victor Herberr's comic operetta
BABES IN TOYLAND
*
SEQUOIA
with
JEAN PARKER
■ *
WILLIAM POWELL
MYRNA LOY
the stars of "The Thin Man" in
EVELYN PRENTICE
CONSTANCE BENNETT
HERBERT MARSHALL
in Michael Arlen's story
OUTCAST LADY
JOAN CRAWFORD
CLARK GABLE
ROBERT MONTGOMERY
in the stage hit on the screen
FORSAKING ALL
OTHERS
*
GRETA GARBO
Herbert Marshall
George Brent
in Somerset Maugham's great story
THE PAINTED VEIL
HELEN HAYES
in Sir James M. name's great play
WHAT EVERY WOMAN
KNOWS
with Brian Aherne, Madge
Evans
RAMON NOVARRO
EVELYN LA YE
sical exrravagarua
THE NIGHT IS YOUNG
*
HELEN HAYES.
in Hugh Walpole's
VANESSA
MARION DAVIES
in Sidney Slcobky's bright story
MOVIE QUEEN
CELEBRATED PLAYS AND "BEST-SELLERS" ON THE M-G-M PROGRAM
The Wind and (he Rain West Point of the Air His Brother's Wife Wicked Woman BLaclc Chamber Repeal
Lady Comes To Town Any Port In A Storm The Bugle Sounds Jungle Red Man In Old Vienna China Seas
The Casino Murder Case Pamela Thorndyke The Gravy Game Her Excellency's Indc-China
Living In A Big Wav The Winning Ticket No More Ladie
Tobacco Shop
vt«tetooe
More Stars
Than There
Are In Heaven'.
METRO-GOLDWYN-MAYER
M-G-M SHORT FEATURES
HAL ROACH DE LUXE COMEDIES
Uurd-Hardv— Chwlcv Chase — Thelnu Todd-Pahy Kelly — Lrvin a
Cobb — Out G»n?
M-G-M PETE SMITH ODDITIES
Gups of laughs and thnJb as Pete Smith's voice leads vou onward.
M-G-M PETE SMITH GOOFY MOVIES
Complete movie shorn in one reel with Pere Smith's descriptions
driving yog hilarlouri
HEARST METROTONE NEWS
Crates, of all tinraeels featuring (he mas* voice of EDWIN C HILL,
the wkJ's best-known n
You are invited to
enjoy the finest
entertainment the
screen has ever known at the
STATE
THE THEATRE OF THE STARS
The Leading
Daily
.Newspaper*
H ^ I if
Motion
Picture
Industry
MOTION PICTURE
DAILY
Alert,
Intelligent
and
laithfi
Servio©]
the Inllbtr
in All
Branches
VOL. 36. NO. 86
NEW YORK, THURSDAY, OCTOBER 11, 1934
TEN CENTS
Quick Action
On Para. Aim,
Says Law Firm
In Creditors' Interest,
Aver Trustee Advisors
That a reorganization of Para-
mount at "the earliest practicable date"
!d by the trustees of the com-
\.to be for the best interests of
V-s, was asserted by Root, Clark,
V & Ballantine, trustees' coun-
Vterday in reply to a charge
Jays in handling claims filed
Ithe company were obstructing
^■ganization.
'[harge was made by Saul E.
counsel for a Paramount
.ders' group, in a letter to the
_.s, requesting data on the cur-
' status of the creditors' claims
riled against the company.
In denying the charge through their
(Continued on page 6)
Para. Negotiating
On All Trust Suits
That Paramount is now negotiating
settlements of all anti-trust litigation
pending against the company was re-
vealed yesterday in a report on the
status of claims filed against the com-
pany submitted by the trustees.
Anti-trust suits involved in the
settlement negotiations include the
Quittner action for triple damages of
$5,100,000; the A. B. Momand, Okla-
homa, action for $4,960,000, and the
E. M. Loew, Boston, action for
$5,099,000.
Scenes of Jugoslav
King Are Censored
A newsreel censorship of scenes
taken in and around Marseilles dur-
ing the ceremonies prepared to greet
the arrival in that city of King Alex-
ander of Jugoslavia, who later was
assassinated with Foreign Minister
Barthou, has been clamped down by
the French Government, Paris cables
received here yesterday declared.
Fox Movietone News flew its clips
to Paris, but the plane was grounded
by government officials and the film
held.
Overbuying Charges
Made Against Reade
Two overbuying complaints have
been lodged against Walter Reade in
New Jersey and will be heard by the
(Continued on page 6)
Ostrers Now Hold Control of
G-B Stock, Mark Reveals Here
Majority control of Gaumont British rests with Isidore and
.Mark Ostrer whose stock interest is not 49 per cent as frequently
reported, but 51 per cent. The additional two per cent was ac-
quired by them about two years ago from Lord Lee of Fareham,
according to Mark Ostrer, chairman of the board of G-B, in a
statement made to Motion Picture Daily yesterday.
Ostrer denied reports John Maxwell of B. I. P. is negotiating
with Fox for the 49 per cent stock interest held by the American
company. He said he had held conversations with S. R. Kent,
president of Fox, who hit reports the latter company was selling
its interest in G-B.
Feature Clips in Shorts
To Be Used by Educators
A series of 24 two-reel subjects
cut from standard releases and to be
called "Secrets of Success," is to be
made available to church and educa-
tional groups through the Hays office.
The idea is to show life situations
as an aid to religious education and
character building.
The films will be 35 mm and will
be shown, according to the plan, in
theatres, probably Saturday morn-
ings when the programs will not in-
terfere with regular programs.
Recommendations as to who shall
get the films will be made by a com-
mittee consisting of Howard M. Le
Sourd, dean of Boston University
Graduate School ; Phyllis Blanchard,
psychologist, Child Welfare Clinic,
(Continued on page 6)
Frank Lloyd Is
Made Head of
M. P. Academy
Hollywood, Oct. 10. — Frank Lloyd
was named to the presidency of the
Academy of M. P. Arts and Sciences
at a joint meeting of its board of gov-
ernors and executive committees that
ended early this morning. He suc-
ceeds J. T. Reed.
Warner Baxter was elected suc-
cessor to Howard J. Green as first
vice-president, while Howard Esta-
brook was chosen to succeed Lewis
(Continued on page 10)
Expect Action on
Code Costs Today
Campi is expected to approve the
revised assessment plan for produ-
cers and distributors today in addition
to the second half levy for exhibi-
tors.
Division Administrator Sol A. Ro-
senblatt arrived from Washington last
night to attend today's hearing and
(Continued on page 6)
Protestants'
Films Drive
Near Windup
Activity of the Protestant Church
in its campaign for clean films was
seen drawing to a close yesterday
when an executive of the Federal
Council of the Churches of Christ in
America told Motion Picture Daily
no plans had been made by the Coun-
cil to carry on its film program be-
yond Oct. 21.
Several weeks ago that date was
designated as "National Sunday" on
(Continued on page 6)
Houses Under 800
To Pay 5-Cent Fee
Theatres seating under 800 and op-
erating three or less times a week will
pay A. S. C. A. P. five cents per seat
a year, according to the new schedule
agreed upon between the society and
members of the emergency committee.
With A. S. C. A. P. abandoning its
demand to tax theatres according to
(Continued on page 10)
Hays Predicts
Continued Use
For the Code
Results Are Favorable,
He Tells Directors
Continued application of the produc-
tion code with proper consideration for
"strong, dramatic themes" will be the
order for the industry, Will H. Hays
told M. P. P. D. A. directors at the
regular quarterly meeting of the board
yesterday.
Results to date under code adminis-
tration are viewed favorably by Hays,
who sees stronger entertainment values
reflected in the "encouraging" public
response being given to new season
pictures. Hays .also finds higher
standards of entertainment indicated
in an analysis of 279 features sched-
uled for the new season which reflect,
he told the M. P. P. D. A. board, a
better selection of story material with
(Continued on page 6)
Gaumont Costs to
Average $300,000
Gaumont British will spend an aver-
age of $300,000 on each of the 26 pic-
tures to be produced this season, Mark
Ostrer, chairman of the G-B board,
stated yesterday. He added that "The
Iron Duke" with George Arliss has
been completed at a cost of $750,000.
Ostrer sails on the Aquitania Oct.
19, accompanied by Jeffrey Bernerd,
(Continued on page 10)
Moore Picture First
Columbia to Loew's
Booking of "One Night of Love"
into the Paradise, Valencia, State,
83rd St., 175th St., 72nd St., Lexing-
ton and Orpheum on Oct. 19 marks
the first Columbia picture to go into
Loew houses under the revised book-
ing setup in Greater New York.
RKO gets all of Universal's prod-
uct with the exception of five films,
which go to Loew. No Fox pictures
will be booked by Loew, it was stated
yesterday, the output being transferred
to RKO houses with the consent of
the distributor.
Three Per Cent Sale
Tax Drafted in Ohio
Columbus, Oct. 10— A general
three per cent sales tax, said to meet
most of the objections of the opposing
groups which brought about defeat of
(Continued on page 10)
MOTION PICTURE
DAILY
Thursday, October II, 1934
MOTION PICTURE
DAILY
(Registered U. S. Patent Office)
Vol. 36
October 11, 1934
No. 86
Martin Quigley
Editor-in-Chief and Publisher
MAURICE KANN
Editor
4ZM JAMES A. CRON
Advertising Manager
Published daily except Sunday and holi-
days by Motion Picture Daily, Inc., sub-
sidiary of Quigley Publications, Inc.,
Martin Quigley, President; Colvin Brown,
Vice-President and Treasurer.
Publication Office: 1790 Broadway, New
York. Telephone Circle 7-3100. Cable ad-
dress "Quigpubco, New York." All con-
tents copyrighted 1934 by Motion Picture
Daily, Inc. Address all correspondence to
the New York Office. Other Quigley pub-
lications: MOTION PICTURE HERALD,
BETTER THEATRES, THE MOTION
PICTURE ALMANAC and THE CHI-
CAGOAN.
Hollywood Bureau: Postal Union Life
Building, Vine and Yucca Streets, Victor
M. Shapiro, Manager; Chicago Bureau: 407
South Dearborn Street, Edwin S. Clif-
ford, Manager; London Bureau: Remo
House, 310 Regent St., London, W. 1,
Bruce Allan, Representative. Cable address:
"Quigpubco, London"; Berlin Bureau:
Berlin-Tempelhof , Kaiserin-Augustastrasse
28, Joachim K. Rutenberg, Representative;
Paris Bureau: 19, Rue de la Cour-des-
Noues, Pierre Autre, Representative; Rome
Bureau: Viale Gorizia, Vittorio Malpassuti,
Representative; Sydney Bureau: 102 Sus-
sex Street, Cliff Holt, Representative; Mex-
ico City Bureau: Apartado 269, James
Lockhart, Representative; Glasgow Bureau:
86 - Dundrennan Road, G. Holmes, Repre-
sentative; Budapest Bureau: 3, Kaplar-u,
Budapest, II, Endre Hevesi, Representa-
tive; Moscow Bureau: Civtzev Vrazhek, N.
25, Apart. 146, Moscow, U. S. S. R., Bella
Kashin, Representative. Cable address:
Sararod, Moscow.
Entered as second class matter, January
4, 1926, at the Post Office at New York
City, N. Y., under Act of March 3, 1879.
Subscription rates per year; $6 in the
Americas, except Canada $15 and foreign
$12. Single copies: 10 cents.
Speakers Join Service
Several men will speak at the Mark
H. Dintenfass memorial services to
be held at 3 o'clock Sunday at the
Ferncliff Mausoleum, Ardsley. Among
them will be Howard Mackay, Charles
H. Ingersoll, Dr. Vincent Godfrey
Burns and Louis F. Hoebel, mayor of
Fort Lee. A musical program will
be presented. W. Ray Johnston will
be among those present.
Berle Heads Ampa Talent
Milton Berle, Patsy Flick and Gus
Edwards wili be the guest artists at
the, Ampa meeting today. Hal Home
will be guest chairman. Two sur-
prises are also promised.
Starts "World Accuses"
Hollywood, Oct. 10. — George H.
Batcheller has started his latest
Chesterfield feature, "The World Ac-
cuses," at the Pathe Studios. It is
an original by Charles Belden.
Epstein Coming East
Hollywood, Oct. 10. — Dave Ep-
stein, Hollywood press agent, will
leave Hollywood by plane today for a
two weeks' business trip to New York.
"Crimson Romance" Fri.
"Crimson Romance" opens at the
Criterion tomorrow. Motion Pic-
ture Daily reviewed the picture by
wire from the coast Sept. 8.
Production Strong
With 43 Shooting
Hollywood, Oct. 10. — Production
last week continued to flourish with
a total of 43 features and four shorts
before the cameras, which is a de-
crease of one feature and two shorts
under the preceding week.
Warners led the field with seven
features in work, two preparing and
12 in the cutting rooms ; M-G-M had
six, two and nine; Radio, six, two and
four ; Paramount, six, three and two ;
Fox, four, three and five; Columbia,
three, three and six ; Universal, three,
two and one ; Roach, one, zero and
zero ; Century, one, zero and zero ;
independent group, six, five and seven.
In the short subject division Roach
reported one working, one preparing
and two editing ; M-G-M, zero, zero
and four ; Universal, zero, one and
one ; Radio, zero, three and six ; inde-
pendents, three, five and five.
M-G-M Planning Big
Opening on "Widow"
M-G-M has laid out elaborate
plans for the opening of "The Merry
Widow" at the Astor tonight. The
activities will be broadcast over
WHN from the lobby beginning at
8 :30 and extending to 9 :30 o'clock.
Ernst Lubitsch, the director, and
Jeanette MacDonald, who co-starred
with Maurice Chevalier, will be
among those present. Others who have
been invited are Colleen Moore, Mae
Murray, Libby Holman, Marilyn
Miller, Helen Hayes, Lois Moran,
Douglas Fairbanks, Dorothy Mac-
kail 1 and Barbara Barondess.
Major Edward Bowes will be in
charge of the broadcast.
Preview School Picture
Hollywood, Oct. 10. — University of
Southern California students are hold-
ing a preview of their two-reel pic-
ture, based on the Edgar Allan Poe
story, "The Oval Portrait," tonight at
the Hollywood Egyptian. The pic-
ture, which cost $5,000, was made by
students at M-G-M with the coopera-
tion of the studio, under the super-
vision of student Richard Bare. If
M-G-M officials deem the picture of
sufficient merit, a release through the
studio may be effected.
Indiana '33 Gross
Set at $7,218,000
Washington, Oct. 10. — Box-office
receipts of 287 film houses in Indiana
last year totaled $7,218,000 and pay-
roll payments aggregated $1,524,000,
according to the Census Bureau.
There were 10 legitimate and vaude-
film houses in the State which took
in $234,000 and had a payroll of $38,-
000.
Indianapolis, it was reported, had
39 film theatres with box-office re-
ceipts of $1,601,000 and payrolls of
$372,000. Other city reports in-
cluded: Fort Wayne, 13 film houses
with receipts of $481,000 and payrolls
of $97,000; East Chicago, four film
houses with receipts of $63,000 and
payrolls of $23,000 ; Gary, six film
and vaudefilm theatres with receipts
of $171,000 and payrolls of $45,000;
Hammond, four film houses with re-
ceipts of $351,000 and payrolls of $93,-
000; South Bend, 12 film houses with
receipts of $537,000 and payrolls of
$102.000 ; Evansville, seven film houses
with receipts of §315,000 and payrolls
of $65,000; Terre Haute, 12 film and
vaudefilm houses with receipts of
$418,000 and payrolls of $114,000.
Milwaukee Group to
Ask Variety Charter
Milwaukee, Oct. 10. — At a meet-
ing of 12 exhibitors and exchange
men at the Hotel Schroeder, it was
agreed to make application for a
charter to the Variety Club. Those
attending were addressed by Ed Har-
vey, director of radio station WISN
and a member of the board of direc-
tors of the Pittsburgh Tent. Among
those present were H. J. Fitzgerald,
George Fischer, A. C. Gutenberg, E.
F. Maertz, Dave Weshner, Charles
Trampe, E. J. Weisfeldt, Sam Shur-
man, J. O. Kent, Arthur Schmitz,
Ben Koenig and Al Kvool.
Taxes Up at Allied Meet
Seattle, Oct. 10. — Taxation, both
state and federal, will be one of the
subjects to come before the annual
convention of Allied Amusements of
the Xorthwest scheduled to start Oct.
24 at the Washington Hotel. Other
subjects include the music tax prob-
lem, sales contracts and the code.
Big Board Issues Advance
Columbia Pictures, vtc.
Consolidated Film Indu
Consolidated Film Indus
Eastman Kodak
Fox Film "A"
Loew's, Inc
Paramount Fublix, cts.
Pathe Exchange
Pathe Exchange "A"...
RKO
Warner Bros
Technicolor
Net
High
Low
Close
Change
Sales
37
3654
37
+ Vi
700
354
M
+ 54
300
14%
1354
1454
+ H
1,500
101
99%
101
+154
1,000
125s
1154
12/8
+ %
800
2954
28%
2956
+ Vi
7,400
4%
4
454
+ %
17,500
VA
VA
700
13
13
13
+ %
100
254
254
254
500
5
4Ji
5
+ %
3.100
%
on Curb
Net
High
Low
Close
Change
Sales
12%
125i
12%
+ %
300
Warner Bonds Rise % Point
High Low Close
General Theatre Equipment 6s '40 654 654 654
Keith B. F. 6s '46 61 61 61
Loew's 6s '41, ww deb rights 10254 10254 10254
Paramount Broadway 554s '51.... 4054 4054, 4054
Paramount F. L. 6s '47 5854 57% 57%
Paramount Publix 554s '50 58 5754 5754
Pathe 7s '37, ww 9854 9854 9854
Warner Bros. 6s '39, wd 60 5954 59%
Net
Change
- %
+ 54
- %
- %
+ 34
Sales
2
1
5
10
10
21
1
14
< Purely
Personal ►
RONALD COLMAN and Loketta
Young will be interviewed by
Louella Parsons tomorrow over sta-
tion WABC and coast-to-coast net-
work. Both Colman and Miss
Young are in 20th Century's "Clive
of India."
Eknest Truex sails today on a
five-day Bermuda cruise. A week after
his return he is scheduled to start
work in his next Educational short at
the Eastern Service plant under Al
Christie's direction.
Tala Birell, European importa-
tion once headed for stardom on the
Universal roster, plays one of the
leads in "Order Please," stage play
which opened at the Playhouse Tues-
day night.
Buddy Cantor, film news com-
mentator, is broadcasting Saturday
nights at 6:30 from WMCA over the
American Broadcasting System's net-
work on the Wilson distilling hour.
Richard Henry Dana's "Two
Years Before the Mast" and M>
Harriet M. Lothrop's "Five L'
Peppers" have been bought by M
gram.
Richard Beck, partner with 1
Ellman in Capital Film Excr
Chicago, is in town for a week. B
father owns the Castle in the V
City.
Iris Adrian, Broadway night
singer who was signed three wt
ago by Paramount to a long-term co.
tract, left yesterday for Hollywood.
Monroe Greenthal, Manny Sil-
verstone and others were among those
bidding bon voyage to John Myers
on the Bcrengaria yesterday.
Moe Streimer, local U.A. branch
manager, is touring several upstate
New York cities and is expected back
tomorrow.
Henry King, Fox director, has
been appointed to the Advisory Com-
mittee of the National Air Congress.
Robert Edmond Jones leaves to-
day for the Radio studios to super-
vise the color work on "Becky Sharp."
Edward Golden, Monogram sales
manager, will leave today for Buffalo
and Toronto and will be back Tuesday.
Frank Craven is in town after a
three-year stay in Hollywood. He is
rehearsing for "Oedipus Wrecks."
E. E. Paramore Jr.'s "Guns" and
"The Desert Castle Mystery" have
been acquired by Paramount.
William Scully, eastern district
manager for M-G-M, returns today
from New Haven.
Hal LeRoy has been signed to do
a two-reel Vitaphone short at the
Brooklyn plant.
Jack Trop is back from a 10-day
trip to Detroit, Chicago and other
midwest points.
Al Friedlander returned yester-
day from an overnight trip to New
Haven.
Bruce Cabot sailed for London yes-
terday on the Bcrengaria.
Leon Schlesinger has checked out
of the Park Central.
Sam Ornitz is looking over the
Broadway play mart.
Robert O'Donnell of Texas is in
town.
e Libson in Cincinnati
II Keyes in Dayton
Bill Hollander in Chicago
Frank Starz in Dallas
Harry Browning in Boston
Will Singer in Omaha
Charles Taylor in Buffalo
Bill Tubbert in Syracuse
Frank LaFalce in Washington
AND OTHER REAL SH
Howard Waugh in Memphis
Ed Fay in Providence
Ken Grimes in Morgantown
Fuzzy Knight in Fairmont
Don Nichols in Charlotte
Gene Curtis in Toronto
Ed Hart in Plainfield
F. Moneyhun in Indianapolis
Earl Hudson in Detroit
OWMEN EVERYWHERE
ITS
» UUfl
KIND OF AN IDEA
STAGE A HAPPINESS WEEK
The Time is right -the Title's right-the Stars are right— the Story's perfect— for a big
city-wide celebration of HAPPINESS WEEK tied in with your run of "HAPPINESS AHEAD."
Only an idea as big as this can bring you maximum returns from the picture that's
been hailed as "excellent— delightful— grand"!
You won't have to force it. We provide you with convincing arguments and special
inducements that will line up the whole town behind you without a struggle!
FOR HAPPINESS AHEAD
WARNING ! — See this picture yourself before you decide how strong you want to go on the
campaign. We know it's the kind of show that will make you want to go out and ring doorbells,
wave flags, and post 24-sheets on City Hall And you'll find it doubly interesting
as a sample of the great attractions that are coming in
WARNER BROS/ HAPPINESS YEAR
MOTION PICTURE
DAILY
Thursday, October II, 1934
Quick Action
On Para. Aim,
Says Law Firm
(Continued from page 1)
counsel, Charles D. Hilles, Eugene
W. Leake and Charles E. Richardson,
the Paramount trustees, declared that
"notwithstanding the favorable opera-
tions of the company under the trus-
teeship" it was believed that the ear-
liest possible reorganization was ad-
visable, and for that reason, the trus-
tees have treated the subject of claims
as "one of first importance."
"While reorganization is a matter
for the creditors and stockholders to
proceed with," the trustees' letter
states the trustees will continue to
facilitate it by cooperating with these
groups.
Accompanying the letter to Rogers,
is a summary of the present status of
the $297,000,000 of claims filed against
Paramount in the bankruptcy and re-
organization proceedings. The period
for filing these claims expired Sept.
15. Since, the $178,000,000 claim of
Paramount Broadway bondholders has
been reduced to $44,000,000 and, with
eliminations of duplicate claims, the
total has been further reduced to
$154,000,000.
Only Third Held Provable
Of this amount only slightly more
than $50,000,000 is regarded as being
filed in proper amount and provable.
More than $4,000,000 of claims in this
category are those of Paramount sub-
sidiaries filed against the parent com-
pany and with others of the same type
can be made a part of a plan of re-
organization for the company.
The claims report states that less
than $3,000,000 of the claims remain
to be investigated by the trustees and
that $1,500,000 of this amount repre-
sents the claim of the Stanley Co.,
which, the report declares, is believed
to be "without merit" and objections
to it have been filed. In addition, more
than $50,000,000 of claims are being
negotiated under settlement plans that
will greatly reduce their amount, it
was said.
The claims remaining against the
company, the trustees' letter states,
"constitute no obstacle to the presen-
tation of a plan of reorganization"
now.
Feature Clips in Shorts
To Be Used by Educators
No Darro Series Yet
Hollywood, Oct. 10.— Contrary to
reports, Warners are not yet making
a^ series of kid pictures featuring
Frankie Darro, but instead will spot
him in the juvenile lead in "Racing
Luck" which is scheduled at this time
as a Lyle Talbot starring vehicle.
Bud Barsky Off Tuesday
Bud Barsky, independent producer,
plans to leave for the coast next Tues-
day. He is here arranging financing
and distribution on a series of pic-
tures he plans to make upon his re-
turn to Hollywood next week.
(Continued from page 1)
Philadelphia; Florence Hale, editor
of The Graded Teacher, former presi
dent of the National Education Ass'n
and Mark A. May, executive secre
tary, Institute of Human Relations
Yale University.
The plan was approved by the
M.P.P.D.A. last August and mem-
ber producers will contribute the film
required. Experiments have already
been conducted with shorts made from
cuts from "Young America," "Alias
the Doctor" and "Tom Brown of Cul
ver."
The pictures have been designed to
appeal to three age groups, children,
adolescents and adults.
Distribution will be made at first
through the Hays office and this office
will also pay the cost of printing
No rental charges will be made
Shorts will be used to supplement the
programs.
In addition to selected theatres the
films will be available for some schools
and churches, the first showing to be
at the Protestant Episcopal convert
tion in Atlantic City this week.
The Deans Go Thespian
Hollywood, Oct. 10. — Negotiations
for screen and stage engagements are
being conducted by the William Mor
ris office here in behalf of Paul
(Daffy) Dean and Jerome (Dizzy)
Dean of the St. Louis Cardinals, World
Series champs, it was learned today
Jack Weiner of the coast branch of
the agency states that several offers
are under consideration.
Charles Hyde, general manager of
the William Morris agency, confirmed
in New York yesterday dispatches
from the coast regarding the Dean
brothers.
Cincy Delays Two Cases
Cincinnati, Oct. 10. — No agree-
ment was reached by the local griev-
ance board yesterday in the overbuy-
ing complaint of the Grand, Dayton,
O., against the Wayne, same city, and
the case was postponed until the next
meeting in two weeks.
An overbuying case also was post-
poned.
Landau Leaves Saturday
Arthur Landau of the Small-Lan-
dau agency in Hollywood leaves for
Hollywood by plane on Saturday
after 10 days in New York. While
here he has been signing writers and
stage players, but refused to divulge
the names until he returns to the
coast.
Educ'l Series Is Begun
"Three Cheers for Love," the first
in Educational's new "Young Ro-
mance" series of comedy shorts, has
gone into production at the Eastern
Service Studios, Astoria.
Seiters Back on Coast
Hollywood, Oct. 10. — William
Seiter and Marion Nixon have re-
turned here from a 10-day honeymoon
in New York. While in the east
Seiter conferred with Jerome Kern
on the music for his next picture,
"Roberta."
Hays Predicts
Continued Use
For the Code
(Continued from paiic ll
increased selection of historical, bio
graphical and musical subjects.
Reiterating his statement that the
industry's answer to the decency cam
paign will be made in pictures, Hay
told the board that that policy "com
mends itself through results to date.'
"We have done much more than
substantially strengthen safeguards for
production code observance," Hays
said. "The present trend in pictures
is setting a rather high mark and pub
lie support responds encouragingly
This support is of the utmost impor
tance.
"We will continue to welcome all
criticism and to safeguard code ob-
servance, properly treating strong dra-
matic themes and remembering that
entertainment is in itself a vital, nec-
essary purpose," Hays said.
His survey of the 279 features, he
related, shows a "very large increase
in the number of films to be made
from the great classics of literature
and the stage and from books that
have won a place in the hearts of mil
lions of readers."
Historical and biographical films, he
said, will comprise seven per cent of
the season's production as compared
with one per cent last season. There
will be 34 musicals, 22 comedies, 24
detective and mystery films, 16 adven-
ture films and six aviation pictures,
he said.
Among those attending the meeting
yesterday were Adolph Zukor, Joseph
M. Schenck, Ned E. Depinet, Jack
Cohn, W. C. Michel, Nicholas M
Schenck, H. M. Warner, R. H. Coch-
rane and Albert Warner.
E. W. Shinn Recovering
New Orleans, Oct. 10.— E. W.
Shinn, chief booker for Paramount,
is recovering from a tonsilitis opera-
tion in a local hospital here.
Overbuying Charges
Made Against Reade
(Continued from pane 1)
New York grievance board next Tues-
day. The cases are :
Herbert and Leon Shusterman of
the Strand, Red Bank, against Reade's
Carlton, same city, Fox, U. A.,
M-G-M, Yitagraph, Columbia, Para-
mount and RKO. The Shustermans
claim that Reade last year bought 249
pictures when his requirements called
for 156.
The Roxy, Perth Amboy, against
Reade's Majestic, Strand and Cres-
cent, same city, Fox, U. A., M-G-M,
Columbia, RKO and Big U.
It is understood Louis Nizer, sec-
retary of the local Film Board of
Trade, will represent distributors and
Milton C. Weisman will act as attor-
ney for Reade.
Plans Hallowe'en Dance
The Warner Club will hold an in-
formal Hallowe'en dance the evening
of Oct. 26 at its clubrooms.
Protestants'
Films Drive
Near Windup
(Continued from page 1)
which day all Protestant ministers
were requested to preach a sermon ad-
vocating clean films and to urge for-
mation of Better Films Councils in
their spheres of influence. As an aid
to ministers, a booklet, called "Source
Material on Motion Pictures for Pas-
tors," was prepared from material
culled from the industry's trade press
and from editorial matter which had
appeared in the religious and daily
press.
Distribution of these booklets has
reached a nation-wide scope, it is
claimed by the council, and it is ex-
pected that every Protestant minis-
ter will make use of it in preparing
his sermon for Oct. 21. Distribution
of the council's pledges is also pro-
gressing at a faster rate than here-
tofore, it is said, and it is estimated
that over 1,000 a week are beinp
mailed. It is felt, however, that tx
demand for the pledges will ce.
with the expected formation of
Better Films Councils.
Expect Action on
Code Costs Today
(Continued from page 1)
may submit a report on the Holly-
wood situation. Rosenblatt returned
from the coast Monday.
Decisions will be rendered on sev-
eral appeal hearings, but none will
be made on the sessions held the last
few days on the Los Angeles, Detroit,
Buffalo and Indianapolis clearance and
zoning schedules. The Indianapolis
zoning plan was up yesterday with
a number of exhibitors from that ter-
ritory in for the hearing.
Walter Vincent will substitute for
Ed Kuykendall at the session which
will get under way at 10 this morn-
'ng-
Buying Case Quashed
By Milwaukee Board
Milwaukee, Oct. 10. — The griev-
ance board has dismissed overbuying
charges brought by the World Thea-
tre against Etta Wiesner, Gem Thea-
tre, and U. A., RKO, Fox, M-G-M
and Vitagraph. The Gem. it was
testified, has 312 pictures under con-
tract for 1934-35 on a three changes
weekly policy.
In the cases of Saxe Amusement
Management vs. J. E. Honthaner, op-
erator of the Comet; Warners vs. M.
Silvermann of the Silver Theatre
Corp., and Warners vs. Julius Was-
niewski, operator of the Midget, all
charged with admitting children for
five cents, cease and desist orders
were issued.
Labor Questions All In
All local theatres having returned
questionnaires on labor, the NRA fact
finding committee is now classifying
theatres in a plan to set a basic oper-
ators' scale, according to a point sys-
tem adopted by the committee.
1934-35
GARY COOPER
CAROLE LOMBARD
BIND CROSBY
MIRIAM WOE
CLAUDEm COLBERT
WARREN WILLIAM
HENRY WILCOXOH
OTTTO*U,U
Five smash
hits from
PARAMOUNT
in 8 weeks.
GREAT
-Keep ft up!
MR
Ml El
LAN NY BOSS
Mf.C. FIELDS
jOANMNNETT QUEENIE SMITH
MOLASSES 'N JANUARY
DIRECTED BY EDWARD A.SUTHERLAND
DIRECTE D BY WESLEY RUGGLES
a Par a mo u n i Piclu re
ml PURSUIT
That "Coming American Boom
is here . . . eight more big
pictures from PARAMOUNT
in the next few weeks.
College
JACK- OAK-IE
HELEN MACK.
DIRECTED BY NORMAN TAUROG
a Pa ramount Picture
mm
A
MrsWIGGS
„. of the
/'I
MY
EART
BING CROSBY
KITTY CARLISLE
UVES OF
A BENGAL
L A N C E R
D|RECT
B*Sff,D||,6
o „ „7 ATHAVVAy
10
MOTION PICTURE
DAILY
Thursday, October II, 1934
MOTION PICTURE DAILY*
HOLLYWOOD PREVIEW
Short Subjects
"Great Expectations"
( l Universal )
Hollywood, Oct. 10. — An intelligent, entertaining screen version of
Charles Dickens' story richly endowed with typical Dickens humor and
melodramatic pathos gives distinction to this production. Cut to exhibi-
tion length, the film should prove a first rate show to those appreciative
of Dickens, though the mass reception may be uncertain.
The story revolves around the character Pip, portrayed by George
Breakstone as a boy and by Phillips Holmes as an adult. The youth
lives with his sister, Rafaela Ottiano, and Alan Hale, her blacksmith
husband. Visits of the boy to the estate of Florence Reed, where her
ward, Anne Howard, as a child, and Jane Wyatt as an adult, lives,
result in a youthful romance.
While serving as an apprentice blacksmith years later, Holmes is
notified that a substantial bequest for schooling has been offered by an
anonymous person. He finds -later that the donor is a former convict,
Henry Hull, whom he had befriended as a child. Family relationships,
subsequently revealed, lead to the engagement of Holmes and Miss
Wyatt.
Stuart Walker has directed intelligently. All cast performances are
excellent. Gladys Unger's screen play retains the complete period flavor.
Wherever Dickens is popular this should register, but in other spots
it will need exploitation to sell. Production code seal No. 301. Running
time, 101 minutes.
"Happiness Ahead," last night's premier at the Strand, was reviewed by
wire from Hollywood on Sept. IS.
"Now and Forever," tonight's premier at the Paramount , zvas revieivcd by
ivire from Hollywood on July 30.
"Judge Priest," this morning's opener at the Radio City Music Hall, icas
reviewed by wire from Hollywood on Aug. 6.
"Wake Up and Dream," last night's opener at the Mayfair, was reviewed
by wire from Hollyivood on Sept. 4.
"The Merry Widow," tonight's premiere at the Astor, was reviewed by wire
from Hollyivood on Sept. 4.
Frank Lloyd Is
Made Head of
M. P. Academy
{Continued from paye 1)
S. Stone as second vice-president.
Nathan Levinson was elected secre-
tary, succeeding Frank Capra. Will-
iam Sistrom was re-elected treasurer,
while Don Gledhill was continued as
executive secretary and William
Conklin as chairman of the actor-
producer relations committee.
A code for first assistant directors
was adopted. Ratified by seven of the
major producing organizations, it pro-
vides for the payment to assistant
directors of a bonus of one week's
pay between pictures for overtime on
a preceding picture. The assistant
directors were the only workers that
failed to take their troubles to the
NRA, electing, to work" out their
problems through the Academy.
See Brighter Future
The meeting ended on a note of
high enthusiasm, engendered by the
belief expressed by those in attend-
ance that the Academy had overcome
its past obstacles and was destined to
reclaim its former position in the
near future.
Statistics on the administration by
the Academy of the standard mini-
mum contract for artists for the year
ended Oct. 1 were made public in a
report submitted to the governors.
The report states that approxi-
mately $500 weekly was paid to some
actors in settlement of their claims
on the basis of the Academy's inter-
pretation of the minimum contract,
while an equal number of cases was
reversed on the ground the claimants
gave their contracts the wrong read-
ing.
It is revealed that since the arbi-
tration department was established in
1931 a total of $112,000 has been paid
out by studios" in claims handled
through the Academy. The report
also discloses that, in addition to mem-
bers of the M. P. Producers' Ass'n,
independent producers have availed
themselves of the services of the pro-
ducer-actor relations office to settle
claims without going to court.
Houses Under 800
To Pay 5-Cent Fee
(Continued from paye 1)
evening admission prices, the highest
figure to represent the fee per seat for
each theatre, exhibitors declare the
new plan a victory despite increases of
five and 10 cents over last vear's levy.
A theatre seating 801 pa'id $80.10 a
year under the 1933 assessment. This
same theatre under the new levy of
15 cents now pays an annual total of
$120.15, but under the proposed A. S.
C. A. P. plan to tax according to ad-
missions this house would have been
required to pay $200.25.
For theatres seating over 1,600, the
new assessment is doubled, bringing
the music levy of §160 to $320.
ITOA Discusses ASCAP
Settlement of the A.S.C.A.P. music
tax increase highlighted discussions of
the I.T.O.A. at the organization's reg-
ular meeting yesterday at the Astor.
Gaumoiit Costs to
Average $300,000
(Continued from page 1)
general manager ; Michael Balcon,
production head ; Jack Hulbert and
Berthold Viertel. Ostrer will return
after the first of the year, while Ber-
nerd will be back in about four weeks.
Nova Pilbeam will sail shortly after
the opening of "Little Friend"' at the
Roxy. The picture starts Oct. 18 and
the child actress will return to Eng-
land around Oct. 21.
Balcon, who has been here on a tal-
ent mission in addition to studying
audience reaction, is finding difficulty
lining up the players he wants. He
leaves tonight for Toronto to visit
theatres and returns Monday.
Ostrer stated yesterday his company
is not interested in acquiring the
Roxy, although a deal had been on at
one time. He said G-B does not want
to operate its own theatres in America.
Weeks to Atlanta Today
George W. Weeks, Gaumont Brit-
ish general sales manager, departs for
. Atlanta todav to appoint a staff there.
There will follow visits to Cincinnati.
Indianapolis, Detroit, Kansas City and
St. Louis.
Saville on "Dictator"
Loxdox. Oct. 10. — Through coop-
eration with Gaumont British, Toep-
litz Prod, was able to resume produc-
tion this morning on "The Dictator"
after only two and one half days' de-
lay. Victor Saville has taken over
the directorial job relinquished by
Alfred Santell. Saville has just fin-
ished "The Iron Duke" with George
Arliss. He studied the script over
the week-end.
Three Per Cent Sale
Tax Drafted in Ohio
(Continued from page 1)
sales tax proposals in recent sessions
of the legislature, has been drafted for
submission to the General Assemblv
Nov. 19.
It is estimated the tax will vield
$65,000,000 to $75,000,000. The state
administration estimates current needs
at around $62,500,000.
Motion Picture Datly is advised
that, while the bill does not specifically
provide for repeal of the nuisance tax,
which includes the 10 per cent admis-
sion impost, it does leave room for
specific repealers, which could be writ-
ten in. If the bill passes, as is now
predicted, the present tax could easily
be modified to include admissions as
sales.
In the proposed setup, sales under
10 cents would be exempt, while
amounts from 11 to 41 cents would be
subject to a one-cent tax. The im-
post would be two cents up to 71 cents,
with a three-cent levy between 71
cents and $1. The full three per cent
would apply for $1 up.
Pickett to Hastings
Omaha, Oct. 10.— J. W. Pickett
has been made manager of the Blank
Strand at Hastings, Neb., succeeding
Carl Rose who goes to York, Neb.,
to take charge of the Sun and York
for Central States Theatre Corp. of
Des Moines.
"Laughing with Medbury
In the Arctic"
( Walter Putter-Columbia )
John P. Medbury wise-cracking on
the ice, so to speak. The humorist
has built a more or less funny narra-
tive around a collection of stock shots
of the polar regions. Some of his re-
marks are all right, while others are a
little too obvious to be really funny.
Not bad, as a whole, however. Code
seal No. 165. Running time, 10 mins.
"Songs of the Colleges"
(Radio)
A timely and appropriate short sub-
ject and one that should have particu-
lar apppeal to younger audiences now
that football games are on again. The
songs of 13 colleges such as Tulane,
Georgia Tech, Notre Dame, Yale,
Harvard and Ohio State are played
by the Trojan band of the University
of Southern California while flashes
of former football games in which
teams of these universities have
played are shown. Production code
seal. No. 261. Running time. 15 mins.
"Men in Black"
(Columbia)
Featuring the trio of Ted 1
stooges, this burlesque on the m
profession is passably funny,
crazy concoction made up chief
gags that are familiar by this time
it still manages to arouse laugh
The three funsters, Larry Fine ai.
Terry and Moe Howard, are internes
in a hospital who carry on like lu-
natics. Code seal No. 241. Running
time. 19 mins.
"Pastry Town Wedding'9
(Radio)
The wedding of two of the elfin
populace of Pastry Town is here por-
trayed to the accompaniment of appro-
priate music and song. It is a pleas-
ing cartoon done in color that should
amuse audiences. Besides the wedding
itself the methods of baking cakes, all
done by means of laugh producing
processes, are also shown. Production
code seal No. 81. Running time, 8
mins.
"Trapeze Artisf'
( Min tz-Col u m bia )
There is considerable entertainment
value in this "Krazy Kat" animated.
It is a cartoon version of the story
of the man on the flying trapeze. A
clever and amusing piece of work.
The strains of the popular tune serve
as a musical score. Code seal No.
67. Running time, 7 mins.
"Dumb Bell Letters"
(Radio)
This is Number 3 of the series and
is just as funny as the first two. It
contains the usual letters collected by
Tuliet Lowell from various business
organizations. Production code seal
No. 88. Running time, 4 mins.
Skouras to St. Louis
Spyros Skouras left last night for
St. Louis by plane on a short business
trip. He will return east within the next
few days and go to the coast later on.
METRO
MAURICE
JEANETTE
m
MERRY
DO*
METRO GOLDWYN MAYER mishits
WIDOW
TONIGHT'S THE
NIGHT ON
BROADWAY!
The Leading
^Newspaper
I lii
of the ;
Motion
Picture
Industry
■
MOTION PICTURE
DAILY
Alert,
Intelligent
arid %
Faith fut]
Service to'*
the Industry
in All
Branches
OL. 36. NO. 87
NEW YORK, FRIDAY, OCTOBER 12, 1934
TEN CENTS
Reels Anxious
Over Films of
King's Death
Wonder If French Gov't
Will Lift Ban
Xewsreel organizations were in sus-
pense yesterday over the ultimate fate
of their clips on the assassination of
King Alexander of Jugoslavia in Mar-
seilles. Inquiries made here yesterday
revealed that only Pathe had suc-
ceeded in getting its film through the
censorship barrier set up by the
French authorities.
The other newsreels were reported
awaiting word of a possible change
in the government's attitude. The
censorship order greatly surprised
newsreel officials, as they had never
known anything like it to occur in
France. The only possible reason ad-
(Continued on page 6)
Allied Lines Up on
Congress Campaign
Washington, Oct. 11. — Concentra-
tion on a three-point legislative pro-
gram before and during the next
session of Congress is being urged
upon Allied by Abram F. Myers, gen-
eral counsel.
The points are :
"To secure a Congressional inves-
tigation of the negotiation, writing and
(Continued on page 6)
Says Theatre Guild
May Make Pictures
Dayton, Oct. 11. — Prediction that
the Theatre Guild eventually will have
to go into pictures was made by Law-
rence Langner, Guild director and one
of its founders, when interviewed dur-
ing a one-day stopover here.
"Unwillingness of actors to go on
tour, plus the fact that many of the
legitimate theatres are being converted
into film houses will sooner or later
result in the guild going into the pic-
ture business. The solution will be
for the guild to produce its plays on
the New York stage, transfer them
to the screen with the same casts, and
release the pictures itself," he de-
clared.
Campi Passes New
Assessment Plans
Following modifications in the pro-
ducer-distributor and exhibitor as-
sessment schedules, Campi yesterday
(Continued on page 6)
Fox Midwest
In Pool with
Two Circuits
Commonwealth, Grubel
Join Operating Pact
Kansas City, Oct. 11. — Solidifying
its position in highly competitive situ-
ations, Fox Midwest has effected a
pool with Commonwealth Theatres
here, and in Kansas City, Kan., with
Grubel Bros., owners of the Electric,
formerly operated by Paramount. The
move involved six houses.
It is understood the deal is in the
form of a partnership arrangement,
with a split of the profits on an equal
basis. Fox Midwest is in charge of
bookings and has virtually taken over
operation of the competitive theatres,
(Continued on page 6)
Pool By Circuits
Irks Sales Heads
Sales heads of all major companies
yesterday were reported to have met
at the Hays office to discuss the buy-
ing and booking tieup between the
Skouras-Seider-Schwartz circuits in
Long Island. The meeting yesterday
followed sessions by local branch man-
agers during the last two weeks.
Although no action was taken at
yesterday's meeting, it is understood
(Continued on page 6)
O'Heron Now Radio
Associate Producer
Hollywood, Oct. 11. — Frank
O'Heron, vice-president in charge of
studio operations for Radio, will be-
come an associate producer at that
studio Monday. His first production
will be "Cape Cod." Joseph J. No-
lan, assistant to B. B. Kahane, will
succeed him, handling all committ-
ments and agency dealings. The title
of vice-president, however, will be
dropped.
New Orleans, Oct. 11.— The local
Legion of Decency furnished an un-
usual demonstration of strength when
called upon to give its support to the
Catholic historical picture, "Through
the Centuries," which, after being
Mae Writes Him
Omaha, Oct. 11. — Charlie
Schlaifer, publicity man for
the A. H. Blank theatres, is
prizing a letter purportedly
from Mae West, written in
red ink on orchid-colored
stationery, thanking' him for
photographing a number of
Winnebago Indians, one of
whom will be used in "Now I
Am a Lady." Schlaifer
made a trip to a reservation
to look over prospects. La
West took a fancy, she said,
to the photo of one, "Howl-
ing Dog." He has another
name and is a college man.
Files General
Suit on Color
Film Patents
San Francisco, Oct. 11. — All pres-
ent color films, including Technicolor,
are an infringement of patents he ap-
plied for in 1916 and obtained in 1918
and 1923, declares Leon F. Douglas,
inventor, in a $20,000,000 suit he has
just filed in U. S. District Court
here.
The suit is preliminary to other
suits to be filed against Technicolor,
Paramount, Walt Disney Prod., and
others, assert Douglas' attorneys,
(Continued on page 6)
F. & M. May Lose 3
Houses in St. Louis
Fanchon & Marco may lose the re-
cently acquired Ambassador, Missouri
and St. Louis in St. Louis, it was re-
ported yesterday. Spyros Skouras,
who was forced to drop the houses
a few months ago, may recover them,
it was stated.
Both Harry C. Arthur of F. & M.
and Skouras were in St. Louis yes-
terday conferring with lawyers there
(Continued on page 6)
booked into the St. Charles opened
with an attendance of 15 persons, es-
tablishing a new all-time low record
for an opening performance here.
Harry McCloud, operator of the St.
(Continued on page 6)
Ask Fox Met
Operators to
Change Pact
Hay den, Stone Offer to
Hinge on New Deal
The bondholders' committee of Fox
Metropolitan Playhouses will sub-
mit the new $4,500,000 Hayden,
Stone & Co. bid for the circuit's as-
sets to Skouras and Randforce with
a proposal that the two operators con-
sent to the drafting of new short-term
operating contracts carrying provisions
for cancellation in the event the Hay-
den, Stone deal is not consummated
within 60 days after reorganization of
Fox Met, it was learned yesterday.
Observers familiar with the Fox
Met situation regard the committee's
proposal as a definite indication that
the Hayden, Stone bid is in the na-
ture of an investment move on the
part of the financial house and con-
templates continued operation of the
(Continued on page 6)
Quittner Suit Is
Settled By Para.
Settlement of the $5,100,000 Quitt-
ner anti -trust suit has been agreed
upon and contracts are being drawn
for submission to the Federal court
for approval, it was learned yester-
day.
Although terms of the settlement
could not be disclosed prior to the
filing of the agreement with the
(Continued on page 2)
Big Para. Claims
Go Into New Setup
Approximately $48,265,000 of claims
filed against Paramount Publix in
bankruptcy proceedings will be dis-
posed of through reorganization plans
for the properties involved, it was
learned yesterday.
Most important of these is the
Paramount Broadway claim of $44,-
(Continued on page 2)
Miami Studying Tax
Removal on Studios
Miami, Oct. 11. — The question of
tax exemption for the purpose of lur-
ing California film producers here was
discussed at today's meeting of the
City Commission. As soon as the
legal department rules on whether or
not this is possible some action will
be taken, it was stated.
Legion of Decency Comes
To Rescue in New Orleans
MOTION PICTURE
DAILY
Friday, October 12, 1934
MOTION PICTURE
DAILY
(Registered U. S. Patent Office)
Vol. 36
October 12, 1934
No. 87
Martin Quigley
Editor-in-Chief and Publisher
MAURICE KANN
Editor
JAMES A. CRON
Adi'trtising Manager
Published daily except Sunday and holi-
days by Motion Picture Daily, Inc., sub-
sidiary of Quigley Publications, Inc.,
Martin Quigley, President; Colvin Brown,
Vice-President and Treasurer.
Publication Office: 1790 Broadway, New
York. Telephone Circle 7-3100. Cable ad-
dress "Quigpubco, New York.' All con-
tents copyrighted 1934 by Motion Picture
Daily, Inc. Address all correspondence to
the New York Office. Other Quigley pub-
lications- MOTION PICTURE HERALD
BETTER THEATRES. THE MOTION
PICTURE ALMANAC and THE CHI-
CAGOAN. „ , tt • T-f
Hollywood Bureau: Postal Union Life
Building, Vine and Yucca Streets, V^tor
M. Shapiro, Manager; Chicago Bureau: 407
South Dearborn Street, Edwin S. Clif-
ford Manager; London Bureau: Remo
House, 310 Regent St., London, W. 1,
Bruce Allan, Representative. Cable address:
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Entered as second class matter, January
4, 1926, at the Post Office at New York
City, N. Y., under Act of March 3, 1879.
Subscription rates per year; $6 in the
Americas, except Canada $15 and foreign
$12. Single copies: 10 cents.
Film Men Leave for
Golf, Variety Party
A number of film men here are
planning a busy week-end. They leave
today for Philadelphia to take part in
the annual handicap golf tournament
of The Philadelphia Exhibitor at the
Lulu Temple Country Club, which
will be followed by a dinner.
From Philadelphia the contingent
will continue on to Pittsburgh for the
annual Variety Club dinner and the
Pitt football game.
Some Close, Others Open
Columbia, United Artists, Univer-
sal, Warners and Paramount home
offices will close today at noon in
celebration of Columbus Day. Fox
will be closed all day. The Hays office
will also be closed at noon.
Major, Bertaro Leave
Port Major, booker, and John Ber-
taro, attorney for Fox West Coast,
have left for Los Angeles, and will
arrive there tomorrow. They came
east on the Los Angeles clearance and
zoning schedule.
Miller, Silverman Here
Jack Miller and Edward Silverman
of the Essaness circuit in Chicago are
in town on product buys. They plan
to leave next Tuesday.
Ampa Members Give
Comedians Big Hand
Comedy was the order of the day
at yesterday's Ampa meeting. Milton
Berle, Eddie Lambert, Patsy Flick
and Eddie Davis joined to keep the
crowd in stitches. The honor guest
of the occasion was Jeanette Mac-
Donald, whose "Merry Widow"
opened last night at the Astor.
Other guests included George Welt-
ner, assistant manager of Paramount
International ; Gus Edwards ; Mil-
lard Ellison, a former district attor-
ney, who is a candidate for Supreme
Court judge in the Bronx; and N.
L. Manheim, Universal foreign man-
ager.
Hal Home was guest chairman.
Bert Adler will preside at next
week's meeting, while Police Com-
missioner Valentine will be guest
chairman on Oct. 25.
President William R. Ferguson told
the Ampa members yesterday that
the Nov. 8 meeting will be a closed
one and will be devoted wholly to
consideration of the proposal to ad-
mit women to membership in the or-
ganization.
Depinet, Zohbel to Coast
Ned E. Depinet, president, and Her-
man Zohbel. treasurer of RKO Radio,
whose planned departures for the
coast were delayed a day, left yester-
day. Depinet will remain at the studio
about a week for production confer-
ences, while Zohbel will establish tem-
porary headquarters there for an
extended stay.
William Mallard, RKO Radio gen-
eral counsel, may lease for the studio
this week end, although definite ar-
rangements for his departure had not
been made up to late yesterday.
Sign Product Deal Today
Contracts between Fox, RKO,
Skouras, Universal and Randforce in-
volving transfer of Universal and Fox
product to RKO houses are scheduled
to be signed today by all parties in-
terested in the agreement. Randforce
will take over the Utica, Brooklyn,
when the deal is signed and may keep
the house closed.
"Power" Gets $68,000
"Power" garnered $68,000 at the
Music Hall for the week ending
Wednesday night.
Paramount to Show
Eight French Films
Paramount is readying eight French
features, with native casts and dia-
logue, for release in America early
next month. The pictures have been
produced at the company's Joinville
studios during the past 18 months.
A special department is planned at
the home office to handle the films,
which will not be released nationally,
but only in French speaking localities
such as those states bordering Canada
and in Louisiana. Release will be gen-
eral in Canada, however.
The eight pictures are as follows :
"Une Faible Femme," "Un Foir de
Reveillon," "Cagnasse," "La Poupon-
niere," "Les Asuturs," "Topaze,"
"Chasseur de Chez Maxim" and
"Etoile de Disparait."
Laemmle, Jr., Delays Trip
Hollywood, Oct. 11. — Carl
Laemmle, Jr., who was set to leave
for the east via the Panama Canal on
Oct. 20, is postponing his departure
until a later date in order to have ad-
ditional time for conferences with
James Grainger, who is scheduled to
arrive here late next week. From New
York Laemmle will proceed to Europe
about the end of November. Grainger
will visit Universal's southern ex-
changes on his return trip to New
York.
Velez Awarded $7,500
Hollywood, Oct. 11. — The Acad-
emy adjustment committee last night
awarded Lupe Velez a claim of $7,500
against William Rowland Prod, for
alleged failure of the company to em-
ploy her after she had signed a con-
tract with a minimum three-week
guarantee. The case had been before
the committee for the past month.
The defendant can appeal the decision
to the Academy's conciliation ma-
chinery or take it to the courts, which
is held unlikely.
Hungarian Film Opens
"Mindent a Noert" ("Everything
for the Woman"), produced by Danu-
bia Pictures in Hungary, opens at the
Tobis Theatre today.
Joe Cooper in Town
Joe Cooper. Publix affiliate in Den-
ver, Arizona and other western points
is in town.
Big Board Stocks in Sharp Rise
Net
High Low Close Change
Columbia Pictures, vtc... 39 3714 3854 +154
Consolidated Film Industries 354 354 354 + 54
Consolidated Film Industries, pfd 15 1454 1454 + 54
Eastman Kodak 102M 10154 10254 +154
Fox Film "A" 1354 125^ 1354 +154
Loew's. Inc 31 28?4 3054 +15*
Paramount Publix 45-2 45^ 456 — 54
Pathe Exchange Ws 154 +54
Pathe Exchange "A" 1454 1354 14 +1
RKO 254 2H 254 +54
Warner Bros 554 5 S^g + V%
Technicolor Only Curb Stock
Net
High Low Close Change
Technicolor 1354 1254 13 + Ji
Para. F. L. Bonds Advance 7% Points
Net
High Low Close Change
General Theatre Equipment 6s '40 754 7 754 +54
General Theatre Equipment 6s '40, ctf 7 6?4 7 +54
Loew's 6s '41. ww deb rights 10254 102 10234 — 54
Paramount Broadway 554s '51 40 3954 40 — 54
Paramount F. L. 6s '47 59 57'/, 59 +154
Paramount Publix 554s '50 59 5754 59 +154
Warner Bros. 6s '39, wd 6154 60 60 + $4
Sales
3,400
1.000
1,900
1.900
4,400
31.700
19,800
5.600
3.000
5,300
12,100
Sales
2,800
Sales
11
Big Para. Claims
Go Into New Setup
{Continued from page 1)
000,000. A reorganization plan for
this property has been completed and
is awaiting creditor and court ap-
proval. In the same category are
Paramount Properties, a claim based
on the bonds of which has been filed
in the amount of $2,750,000 ; the Pru-
dence Co., with claims of $786,255 on
a Jacksonville, Fla., theatre property,
and of |602,113 on a St. Petersburg
theatre property, and the Samuel and
Nathan Goldstein Chicopee Theatre
mortgage of $127,500.
Among claims under investigation
on their merits by Paramount Publix
trustees are those of Sam Katz for
$265,498, and of John Balaban for
$8,263. The claims of Jesse Lasky
for $282,000 will be heard by a spe-
cial master, while those of Sidnev
Kent for $65,000 and of John D.
Clark for $16,033 may be submitted
to settlement negotiations.
Quittner Suit Is
Settled By Para.
(Continued from page 1)
court, it is understood that the set-
tlement will not be for a large amount
and is not considered by the plaintiff.
Joseph Quittner, to be a satisfactory
one. Quittner is approving the terms,
however, as it is his desire to end the
litigation. His father, the late Ed-
ward Quittner, was the original
plaintiff.
Paramount is also negotiating set-
tlements of two other anti-trust suits
pending against it, one of which, that
filed by E. M. Loew of Boston for
triple damages of $5,099,000, may in-
volve a large amount. A special mas-
ter assigned to hear testimony in the
case last year reported a recommen-
dation in favor of Loew of more than
$200,000 damages. Final judgments
in anti-trust cases are trebled.
"Widow" Gets Start
Before a Big Crowd
M-G-M started "The Merry
Widow" last night at the Astor with
one of those Hollywood openings that
required the aid of police to hold
back the crowds. Flood lights were
numerous. Mounted police had to
ride on the sidewalk to keep the
crowd from blocking traffic.
Major Edward Bowes greeted the
celebrities as they arrived in the
lobby in front of a WHN microphone
and introduced Jeanette MacDonald,
who co-stars in the picture with
Maurice Chevalier; Ernst Lubitsch,
the director; Douglas Fairbanks,
Adolph Zukor, Harold B. Franklin,
Helen Hayes and many others. The
broadcasting started at 8:30 and con-
tinued for an hour.
"The Merry Widow" was reviewed
in the Motion Pictuke Daily on
Sept. 4.
Stern Finds N. Y. Pickup
Returning from a short trip to Buf-
falo, Charles Stern, assistant to Al
Lichtman, general sales manager and
vice-president of United Artists,
states business in upstate New York
is picking up. All houses are open
and theatres doing business, he said.
S S pROM the private notebook of a famous
Coast columnist... comes this laughing
lowdown on a couple of Hollywood
upstarts . . . who start up the ladder to
fame . . . and climb into a storm center
of comic complications.
.. ;= • vv if.
NIGHTS IN
HOLLYWOOD
JAMES DUNN
ALICE FAYE
Mitchell and Durant
John Bradford
Produced by Sol M. Wurtzel
Directed by George Marshall
Based on a book of short stories by Jimmy Starr
Screen play by William Conselman and Henry Johnson
ALICE FAYE SINGS AGAIN ...£«^_M0RE SO!
WATCH MARIE GALANTE
Secret councils of great nations dispatched this grim coi
mand . . . and hidden "eyes" saw danger in every move
this lonely girl . . . too innocent to know her own allure
"WATCH KETTI GALLIAH
Industry insiders privileged to witness the completely fascinating
performance of this magnetic personality have tipped the word
to fellow showmen. Soon the word will spread to all the world!
<4aKwtt£
\ A / I f U» or
with
SPENCER TRACY
KETTI 6ALL1AN
NED SPARKS
HELEN MORGAN
SIEGFRIED RUMANN
LESLIE FENTON
ARTHUR BYRON
JAY C. FLIP PEN
& STEPIN FETCHIT
Produced by Winfietd Sheehan
Directed by Henry King
Screen play by Reginald Berkeley
Based on a novel by Jacques Deval
MOTION PICTURE
DAILY
Friday, October 12, 1934
Ask Fox Met
Operators to
Change Pact
(Continued from page 1)
circuit by Skouras and Randforce. The
Skouras brothers have been on the
friendliest terms with John Dillon of
the Hayden, Stone house for years.
It is well known that the Fox Met
bondholders' committee has long been
anxious to liquidate its claims and re-
tire from the Fox Met picture at the
earliest possible date. The stumbling
block to a sale of the circuit's assets
which would permit this has been the
long-term operating contracts held by
Skouras and Randforce. These con-
tracts have discouraged other theatre
operators from bidding for the circuit
and the impossibility of settling the
contracts on a profitable basis is un-
derstood to have been a major factor
in the withdrawal of Loew's from the
joint $4,500,000 bid made for the cir-
cuit in conjunction with Warners last
summer.
Objective of Committee
If Skouras and Randforce accept the
committee's proposal and agree to new
short-term contracts with cancellation
provisions in place of those they now
hold, the committee will have accom-
plished its sole objective, for, even
though the Hayden, Stone deal is not
consummated thereafter, the commit-
tee would be in a position to cancel
the existing operating contracts and
thereby clear the way for the submis-
sion of new bids by outside theatre
operators. Moreover, observers agree,
if Skouras and Randforce do accept
the committee's proposal the accept-
ance would be a definite indication
that the two would continue operations
for Hayden, Stone in the event of a
deal being consummated.
It is understood that the Hayden,
Stone offer contemplates foreclosure
on Fox Met assets and a reorganiza-
tion of the company by the bond-
holders' committee, rather than a pur-
chase of the Fox Met bonds by Hay-
den, Stone with the investment house
proceeding with its own reorganiza-
tion. After the bondholders commit-
tee has foreclosed and reorganized, an
outright sale of Fox Met to Hayden,
Stone for $4,500,000 would be nego-
tiated, it is contemplated in the offer.
Hence the committee's desire to pro-
tect itself by having the right to can-
cel the operators' contracts if the sale
to Hayden, Stone is not consummated
within 60 days after the reorganiza-
tion.
Blumenthal to Be in
Court, Says Burkan
A. C. Blumenthal, who ignored a
subpoena to appear at a Federal court
hearing Tuesday on an action to dis-
miss a petition for reorganization of
Fox Theatres on the grounds of bad
faith, will be present at the next hear-
ing, Oct. 18, before Judge Martin T.
Manton, it was learned yesterday.
Nathan Burkan, attorney for Blu-
menthal, has agreed to produce his
client on that date, the court has been
advised. Judge Manton, on Tuesday,
agreed to issue a bench warrant for
Blumenthal on the request of Archi-
bald Palmer, counsel for a Fox Met
Legion of Decency Comes
To Rescue in New Orleans
bondholders' group who is pressing
the action for dismissal of the Fox
Theatres' reorganization petition. The
latter corporation owns all of the com-
mon stock of Fox Met. In his action,
Palmer charges that Fox Theatres has
no other assets of value and that the
reorganization petition is brought in
bad faith in an endeavor to realize on
Fox Met assets.
Fox Midwest Joins
Pool with 2 Chains
(Continued from page 1)
with the management intact. The ar-
rangement does not involve current
leases held by Commonwealth, it is
said.
The pool involves the Warwick and
Vista, Fox neighborhoods, and the
Madrid and Benton, the Common-
wealth contribution, in Kansas City,
Mo., and the Fox Granada and the
Electric in the Kansas city. Main ob-
ject of the pool was to control book-
ings, as for the last two years or so
competitive neighborhoods have been
playing the same pictures day-and-
date, which has not proved the best
course. The plan is to play a weak
picture against the big attraction.
The Fox-Commonwealth pool also
makes possible control of prices, and
it was authoritatively said that "bar-
gain nights" will be eliminated as un-
necessary under the new arrangement.
Double bills, however, will probably
continue occasionally as in the past.
The pool gives Fox complete con-
trol of the first run situation in Kan-
sas City, Kan. The present plan is to
book the major attractions into the
Electric, which is larger than the
Granada.
Pool By Circuits
Irks Sales Heads
(Continued from page 1)
that the sales managers will consult
attorneys of their companies before
deciding whether or not to sell the
three circuit pool.
Joseph Seider already has pur-
chased Warners-First National, Fox
and M-G-M for the Prudential-Casey
& Wheeler circuits.
Individual territories are tied to-
gether, but there is no interlocking
agreement. The Skouras theatre in
Hempstead is joined together with
Prudential's Freeport house in one
deal ; Prudential's Huntington Sta-
tion unit is pooled with A. H.
Schwartz's house in Huntington ;
Seider's Floral Park is tied in with
the Schwartz theatre in Queens Vil-
lage ; Seider and Schwartz each have
a house in Riverhead which are
pooled ; Skouras' Glen Cove, Lyn-
brook and Valley Stream houses are
in with the Schwartz's Rockville Cen-
ter units.
It is understood that the lawyers
of the various distributing companies
will meet today to further discuss the
matter.
Jules Buffano Married
Portland, Oct. 11. — Jules Buffano,
orchestra leader, has been married to
Sue Lancier, artist.
(Continued from page 1)
Charles, appealed to Legion of De-
cency leaders for support of the
Beacon Films' production, which, he
pointed out, had been produced en-
tirely under Catholic supervision,
treated of Catholic church history and,
seemingly, met all standards of the
Legion of Decency.
Archbishop John M. Shaw, apprised
of the situation, declared: "If we per-
mit this film to fail the Legion of De-
cency might as well disband. It is
the duty of every Catholic man, wo-
man and child to see it."
The Legion immediately went into
action, calling upon its members to
support the film and making special
appeals through Catholic churches and
schools here. The response was imme-
diate, McCloud reports. The picture
has been playing to capacity all this
week. Police have been required to
handle overflow crowds and 20,000
admissions have been contracted for in
advance, it is said. McCloud reports
the picture will be held indefinitely.
Allied Lines Up on
Congress Campaign
(Continued from page 1)
administration of the motion picture
code.
"To secure a modification of the
copyright laws which will curb the
monopolistic power of the American
Society of Composers, Authors and
Publishers.
"To secure the enactment of an anti-
block booking law similar to the so-
called Brookhart bill."
In the latest Allied bulletin Myers
urges members to secure copies of
the M. P. Research Council's booklet,
"Questions and Answers Concerning
Compulsory Block Booking and Blind
Selling in the Distribution of Motion
Pictures" and to use its contents in
contacting congressmen and senators.
Views of members are being sought
as to the desirability of holding a
meeting of the board of directors of
the national organization in New Or-
leans during December.
Drafts of a new constitution will be
circulated soon, the bulletin states.
F. & M. May Lose 3
Houses in St. Louis
(Continued from page 1)
on the theatre situation. Skouras is
due back in New York today by
plane while Arthur leaves St. Louis
this afternoon for Los Angeles, where
he will confer with Mike Marco on
the F. & M. west coast situation.
Arthur returns to New York in about
10 days.
Marion Davies to Leave
Marion Davies leaves for the coast
next week. She is now conferring
with E. B. Hatrick on her two stor-
ies for the 1934-35 Cosmopolitan
schedule.
May Attend Premiere
Hollywood, Oct. 11. — Dolores Del
Rio expects to leave for New York
shortly to attend the opening of "Ma-
dame DuBarry" at the Strand there.
Files General
Suit on Color
Film Patents
(Continued from page 1)
Charles E. Townsend and William A.
Loftus.
Douglas claims that he began ex-
perimenting with color films in 1912
and made his first application for
patents four years later. The proc-
esses now used by Fox, Paramount
and Technicolor, he declares, are
based on principles which he discov-
ered. Douglas says he owns more
than 50 patents, but these cover many
things other than color films.
He was one of the organizers of
the Victor Talking Machine Co. His
inventions, he says, include one mak-
ing submarine pictures possible.
In 1917, Douglas states, he made
a color film at his own expense with
Douglas Fairbanks, Mary Pickford
and Charles Chaplin which was used
in a Red Cross drive. His photo-
graphic principles, he says, are based
on the use of two prisms, one filtering
red light rays onto film and the other
green rays. From the two negatives
thus obtained, he explains, a posi-
tive print is made on film treated with
emulsion on both sides, one for the
red and the other for the green tones.
Reels Anxious Over
Pictures of Slaying
(Continued from page 1)
vanced for the government's action
was its fear that the film might create
the impression the authorities were
lax in safeguarding the monarch. The
order came out of a clear sky and
the pictures were seized summarily,
it was said.
Pathe stole a march on the other
reels, it was learned from an official
of the reel, when the film taken by its
cameraman was permitted to be
shipped out of the country just before
the censorship order was issued. It
is expected to reach here next week.
Some of .the newsreel officials ex-
pressed fear that none of the film
would ever be released.
Campi Passes New
Assessment Plans
(Continued from pane 1)
adopted the finance levies and today
will send them to the Department
of Research in Washington.
George G. Hunter has joined
Campi's legal staff, assisting Tyree
Dillard, Jr., at appeal hearings and
in drafting of decisions.
Division Administrator Sol A. Ro-
senblatt did not discuss the Hollywood
situation, as he was expected to do.
Attending the session were Walter
Vincent, chairman ; Charles L.
O'Reilly, Nathan Yamins, Gordon
Youngman, Felix Jenkins, Neil Ag-
new. Jr., J. Robert Rubin, Harold
S. Bareford, Willard McKay and Ed-
ward Golden.
Herron Back at Desk
Frederick L. Herron, treasurer and
in charge of the foreign department
of the Hays office, has returned from
a combination vacation and business
trip that took him to the coast and
to Mexico City.
CONGRATULATIONS
on the first issue. The
President saw it and was
greatly interested!
—STEPHEN EARLY
ASSISTANT SECRETARY TO THE PRESIDENT
"I feel sure that great public
approval will attend this effort*"
—MAYOR ANGELO J. ROSSl> SAN FRANCISCO
y Heartiest congratulations. A distinct achievement in un-
usual and entertaining presentation of the news and a great
step forward in the newsreel field."
—Darryl Zanuck, Los Angeles
<<
It is one hundred percent better as to news value and en-
tertainment. After watching audience reaction I feel justi-
fied in saying you have delivered to exhibitors all and
more than you promised. It is a step forward in newsreel
presentation." —Robert T. Smith, West Coast Theatres
"I congratulate Hearst Metrotone on its first issue. Excel-
lent choice of subjects and vivid manner in which they
are pictured and the splendid comments of Edwin C. Hill
combine to make this newsreel of exceptional value. This
is real drama." —Mayor Frank L. Shaw, Los Angeles
"I have seen your first news release with Edwin C. Hill and
desire to congratulate the people of this country in having
so able and fearless a presentation of world events. Your
service has every evidence of being a careful and complete
summary of matters of real public interest."
—James M. Curly, three times Mayor of Boston
HEARST METROTONE NEWS
starring EDWIN C. HILL The Globe Trotter
(An Editorial Reprinted by Kind Permission of BOX OFFICE)
Blazing New Trails
IN ADVERTISEMENTS we've seen the
M-G-M trademark lion, Leo, portraying
the roles of Trader Horn, Santa Claus, Mr.
John K. Exhibitor and others. But now he
has assumed, literally, the role of a trail
blazer, designed to benefit on a large scale
the motion picture industry.
Along the ribbon- stretched highways of
the nation, going East, West, North and
South, you'll see 24-sheet boards drawing
public attention to M-G-M pictures. On city
streets in the most strategic locations these
M-G-M 24- sheets are also in evidence. In
leading fiction, style and other magazines
M-G-M brings forceful sales messages in full-
page displays into the homes of the American
people; and through the local newspapers it
ties its messages directly to the local show-
ings of its productions.
Coupled with billboard, newspaper and
magazine advertising M-G-M is continuing
the tours of its already extensively-traveled
Traveling Studio, creating interest, building
good will, not alone for M-G-M, but for all
motion pictures.
During the depression years M-G-M has
maintained a force of able exploitation men.
They have worked hand in hand with exhib-
itors, planting publicity stories with news-
papers, effecting co-operative tie-ups with
merchants, securing free time on radio broad-
casts, making and placing window displays
and other picture merchandising helps.
The screen has been given new life through
great improvement in product. That's one es-
sential to success in theatre operation. Selling
—advertising, exploitation, merchandising—
is another highly important essential. Even
the best pictures don't sell themselves. And,
too, many an average picture can be turned
into a winner if it is properly sold.
When public interest lags, it has to be
revived. When people stop buying theatre
tickets, showmen go out and bring them to
the ticket windows. Exhibitors have done the
job in a limited way. But, as it is necessary in
all big and successful merchandising cam-
paigns, the manufacturer of a product must
blaze the trail, charting it through courses
that the individual retailer cannot take alone,
yet which are beneficial to him.
Already the public is reacting to the initial
blasts in the M-G-M campaign. Witness the
success of the first three pictures to receive
this extensive exploitation, namely,
"Chained," "Treasure Island" and "The
Barretts of Wimpole St." New trails are being
blazed to the ticket windows of the nation.
(Signed) BEN SHLYEN, Editor of
Associated Publications
The Leading
Newspaper
II
of, the
Motion, j
Picture
Industry
MOTION PICTURE
DAILY
Alert,
Intelligent
and
Faith full
Service to'
the Industry
in All
Branches
VOL. 36. NO. 88
NEW YORK, SATURDAY, OCTOBER 13, 1934
TEN CENTS
Warner Sees
Patent Ruling
Theatre Peril
Declares Fox Victory
Creates Big Problem
Philadelphia, Oct. 12— Harry M.
Warner, head of Warners, struck a
serious note at the sixth annual golf
tournament and dinner - dance spon-
sored by the Philadelphia Exhibitor
today when he stated that the U. S.
Supreme Court's refusal this week to
grant a rehearing in the American
Tri-Ergon patent case had created
one of the most serious situations that
exhibitors have ever faced. He prophe-
sied that vital changes in the sound
picture might be expected in the
future as a result of the court's action
in upholding William Fox's contention
that double prints and flywheel patents
controlled by him had been infringed
upon.
There were 70 entered in the tourna-
ment, while the attendance at the din-
ner-dance in the evening was 200.
The tap golfer was Johnny Bach-
man. Thirty prizes were awarded.
(Continued on page 3)
Warners Cut Scales
In Milwaukee Spots
Milwaukee, Oct. 12. — Warners have
announced new low prices for the
Venetian, Egyptian and State, local
neighborhood houses, with adults ad-
mitted for 15 cents every Saturday
until 6 P. M. and every Sunday until
5 P. M. The circuit is now playing
twin bills at both its Egyptian and
State.
A number of state cities have also
gone in for dual features on a big
scale and in Green Bay the Bay The-
atre is offering five acts of vaudeville
with two first run flickers every Fri-
day, Saturday and Sunday.
After several postponements the
Strand will be opened Saturday by
Warners on a 25c-35c scale with dual
bills.
Tussle Over Duals
Continues to Rage
Cleveland, O., Oct. 12. — An appli-
cation to intervene in the case of the
Center Woodland Amusement Co.
against the Family Theatre in which
Common Pleas Judge Alva Corlott
last week granted a permanent in-
junction restraining the Family from
showing duals, was filed by Lawrence
Rich, attorney, representing Morris
(Continued on pane 3)
Hays Tells Catholic Meeting
Films Purged by Church Drive
The belief that the church drive against objectionable pictures
has "wiped sin and shame from the screen" was expressed by Will
Hays, M. P. P. D. A. head, in a letter read yesterday at the 11th
biennial convention of the International Federation of Catholic
Alumnae at the Waldorf-Astoria.
"Current motion pictures," added the letter, "are meeting with
an encouraging public response.
"You have been, perhaps, the most severe of all the groups in
your appraisal of pictures, but always your criticism has been
specific and you have brought the weight of your opinion directly
to the makers of pictures."
Competition to Determine
Protection, Campi Holds
Theatres not in competitive zones
cannot have protection over one an-
other, Campi has decided after a
heated discussion on this topic at
Thursday's meeting.
Some members of Campi held that
theatres in zone "A" could have clear-
ance on houses in zone "B" provided
the proximity warranted. However,
this idea was vetoed and the original
plan stands as is.
The Chicago clearance and zoning
schedule was turned back to the local
board on the ground that it violates
all the principles for setting up sched-
ules. This was the only general sched-
ule discussed by Campi and now it
goes back to the Windy City for an
airing.
Joe Levinson won his protest when
Code Authority held that Brookline,
(Continued on page 3)
Plan Protest Over
Dubinsky's Tenure
Kansas City, Oct. 12. — Exhibitors
in St. Joseph, Mo., are preparing to
demand that Irwin Dubinsky be dis-
qualified from serving on the local
clearance and zoning board when their
clearance schedule comes up for re-
vision next Monday.
The protest, it is said, will be on
the ground Dubinsky Bros.' houses in
St. Joseph are involved. While the
setup originally drafted for St. Joseph
is satisfactory to the opposition, Du-
binsky has objected, claiming it does
not allow his first runs adequate pro-
(Continned on page 3)
Code Regulations on
Extras Take Effect
Washington, Oct. 12. — No protests
having been lodged, the regulations on
extras were made effective today by
the National Recovery Administration.
These regulations were submitted by
the extra committee last month and
(Continued on page 3)
All Hands Deny
St. Louis, Oct. 12.— Harry
C Arthur of F. & M. and
Thomas Dysart of the bond-
holders' committee today ve-
hemently denied reports that
the F. & M. circuit would
lose the Missouri, Ambassa-
dor and St. Louis.
The report had it that the
houses may revert to Skou-
ras, who recently was forced
to vacate from the trio. F. &
M. has 10-year leases on the
three houses with $105,000 up
as security.
Jack Partington of the lo-
cal F. & M. office yesterday
added his to the St. Louis
denials, declaring the reports
"just a pack of lies."
Spyros Skouras, who has
been in St. Louis, returned
yesterday by plane.
Milwaukee Operator
Scales Are Boosted
Milwaukee, Oct. 12. — After weeks
of dickering, exhibitors and the Mo-
tion Picture Projectionists' Union,
Local 164, have arrived at an agree-
ment for new wage scales retroactive
to Sept. 1, when the old contract ex-
pired. The new scale provides for an
increase ranging from 10 to 14 per
cent, depending upon classification of
the theatres.
The increase in Class 1 houses is
about 10 per cent with booth cost set
at $341.88 per week, while the percent-
age of ante for Class 5 is similar with
booth costs at $57.75 per week. Houses
in Class 1(a) are subject to the
largest boost, with booth cost at $285,
(Continued on page 3)
Assessments
Again Turned
DownbyNRA
Revisions Suggested —
May Be Set Monday
Washington, Oct. 12. — Despite
the fact that the code finance com-
mittee, consisting of S. R. Kent, Har-
old S. Bareford and Edward Golden,
approved the revised producer-distrib-
utor assessment schedule, the NRA
Division of Research and Planning has
turned it down for a second time.
The NRA has made certain recom-
mendations for revision in a letter to
Campi and it is understood that the
changes will be made by Monday.
All major companies had approved
the plan and practically all of the in-
dependents agreed to it, but the NRA
committee here would not accept it on
the grounds that the formula for ba-
sic rates, based on gross business, is
unfair to the small producer and dis-
tributor.
It is apparent to Washington forces
that the plan is wrong in the abstract
and theory. It has been sent back for
a third time.
With the NRA turning the sched-
ule down, the move is considered
(Continued on page 3)
Local Pool Aired
In Second Meeting
Local exchange managers yester-
day met with Louis Nizer, executive
secretary of the New York Film
Board of Trade, and discussed the
three-cornered pooling arrangements
on Long Island between A. H.
Schwartz, George Skouras and Joseph
Seider.
Reports were current that Springer
& Cocalis may enter the pool with the
booking-buying plan being extended
to Brooklyn.
No action was taken and another
meeting will be called shortly.
"Barretts" in 2nd
Week Does $46,000
"The Barretts of Wimpole Street"
continues to hold to good patronage
at the Capitol, garnering $46,000 in
the second week. The Paramount fell
off considerably on the third and last
week of "Belle of the Nineties," gross-
ing $28,000. "Peck's Bad Boy" didn't
hit the $33,000 expected at the Roxy,
but came close to it with a $29,000
take. Both the Roxy and the Capitol
hold over.
MOTION PICTURE
DAILY
Saturday, October 13, 1934
MOTION PICTURE
DAILY
(Registered U. S. Patent Office)
Vol. 36 October 13, 1934 No.
m
Martin Quigley
Editor-in-Chief and Publisher
MAURICE KANN
Editor
JAMES A. CRON
Advertising Manager
Published daily except Sunday and holi-
days by Motion Picture Daily, Inc., sub-
sidiary of Quigley Publications, Inc.,
Martin Quigley, President; Colvin Brown,
Vice-President and Treasurer.
Publication Office: 1790 Broadway, New
York. Telephone Circle 7-3100. Cable ad-
dress "guigpubco, New York." All con-
tents copyrighted 1934 by Motion Picture
Daily, Inc. Address all correspondence to
the New York Office. Other Quigley pub-
ication7: MOTION PICTURE HERALD,
BETTER THEATRES, THE MOTION
PICTURE ALMANAC and THE CHI-
CAGOAN. . „ ■ r -f
Hollywood Bureau: Postal Union Lite
Building, Vine and Yucca Streets, Victor
M. Shapiro, Manager; Chicago Bureau: 407
South Dearborn Street, Edwin S. Clif-
ford, Manager; London Bureau: Remo
House, 310 Regent St., London, W. 1,
Bruce Allan, Representative. Cable address:
"Quigpubco, London"; Berlin Bureau:
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28, Joachim K. Rutenberg, Representative;
Paris Bureau: 19, Rue de la Cour-des-
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Bureau: Viale Gorizia, Vittorio Malpassutt,
Representative; Sydney Bureau: 102 Sus-
sex Street, Cliff Holt, Representative; Mex-
ico City Bureau: Apartado 269, James
Lockhart, Representative; Glasgow Bureau:
86 Dundrennan Road, G. Holmes, Repre-
sentative; Budapest Bureau: 3, Kaplar-u,
Budapest, II, Endre Hevesi, Representa-
tive; Moscow Bureau: Civtzev Vrazhek, N.
25, Apart. 146, Moscow, U. S. S. R., Bella
Kashin, Representative. Cable address:
Samrod, Moscow.
Entered as second class matter, January
4, 1926, at the Post Office at New York
City, N. Y., under Act of March 3, 1879.
Subscription rates per year; $6 in the
Americas, except Canada $15 and foreign
$12. Single copies: 10 cents.
Temporary Film Shift
Philadelphia, Oct. 12. — For the
first time since United Artists and
Warners started joint operation of the
Aldine, a non-United Artist film is
booked. "Madame Du Barry" went
into the house Thursday, replacing
"Our Daily Bread." Booking, how-
ever, marks no drastic change of pol-
icy. The house returns to U. A. with
its next film, "Today We Live."
Feist to Honolulu
Felix F. Feist, general sales mana-
ager of M-G-M, sails on the Santa
Elena today for Los Angeles, en route
to a vacation in Honolulu. He will
return to San Francisco about mid-
November and resume duties from that
point, visiting the studio and exchange
points on the way east.
Zapp Joins Trendle
Detroit, Oct. 12.— Henry Zapp, one
of the partners in Monarch Films here
for the past three years, has accepted
a post as buyer for the United Detroit
Booking Service, formed by George
W. Trendle. Zapp fills the berth for-
merly occupied by Arthur M. Elliott,
recently resigned.
Chaplin Starts Picture
Hollywood, Oct. 12.— Charlie Chap-
lin started shooting his latest produc-
tion today and the first scene was
made with Chaplin directing himself
and Paulette Goddard, who has the
feminine lead.
Power
{Gaumont British)
American — Another marvelous motion pic-
ture has come across the sea to complete
with its tragedy the trinity begun with the
comedy of "Henry the Eighth" and the ro-
mance of "Catherine the Great." Under
its new name, "Power," the drama of "Jew
Suss" stands shoulder to shoulder with this
company as one of the mightiest movies ever
filmed. In conception, in production, in
portrayal and direction it ranks with the
most memorable creations in the new medi-
um.
Daily Mirror — ***a distinguished and im-
pressive picture in "Power" which matches
any of Hollywood's "epics" in magnitude,
force and drama. It is brilliantly played by
a great cast, headed by Conrad Veidt, who
gives the performance of his career. Grip-
ping and narrowing, "Power" is a film for
adults***.
Daily News — ***an impressive picture***.
But it is a heavy picture weighted with the
burdens and injustices of a people who strive
in humility and sorrow for a place of equal-
ity among their fellow men. Conrad Veidt's
performance is finer than anything he has
heretofore done on the screen***.
Evening Journal — The film is interesting
its depiction of the pomp and pageantry
of the eighteenth century. It is lavish in
costumes, opulent in period decoration and
stunning in backgrounds. Pictorially, it is
succession of unusually handsome tableaux.
In the way of story, the film is a serious
and stately series of episodes***.
Conrad Veidt, one of the screen's ablest
actors, plays the principal role with force
and dignity.
Herald Tribune — It does not, I think, take
full advantage of its rich and impressive
dramatic opportunities. Nevertheless this
latest English photoplay importation is dig-
nified, striking and ambitious, and, although
its narrative often falters, it never fails to
be intelligent and arresting.
Post — ***has the fatal earmark of an un-
restricted budget; certainly in this Gaumont-
British production no expense has been
spared, and the result is lavish enough to
squeeze much of the life from the acting
and the sense from the continuity***.
Indeed, the stately quality of the film and
its lack of a centralized story work a par-
ticular hardship on Conrad Veidt, whose
assumption of the role of the power-ridden
Jew Suss is virtually negated by the pro-
fuse pageantry which surrounds him.
Sun — It is a shrewd and penetrating char-
acter study, the story of a man driven by
ambition to destroy everything he loved and,
in the last, himself.***
This is a strong and moving drama, pro-
duced lavishly both as to cast and settings.
The gallant and terrible ending might have
been heightened by a more vicious portrait
of Suss in his days of power. "Power" is
still a compelling production.
Times — Since "Power," under the un-
wieldy direction of Lothar Mendes, divides
itself rather neatly into historical tableaux,
it is no less than justice to isolate this lov-
ingly photographed episode as the most strik-
ing part of a film which is always a little
less than brilliantly convincing.
What effectiveness there is in this pageant
of Reb Joseph Suss Oppenheim and the
eighteenth-century court of the Duke of
Wuerttemberg must be credited to Conrad
\ eidt.*** Thus Mr. Veidt stands out as
almost the sole merit of a photoplay which
is muddy in its development and ornately
uninspired in its general arrangement.
W orld-Telegram — Although "Power"***is
a dignified and lavish production, I find my-
self unable to rise and cheer for it with any
honest enthusiasm.
I am willing to respect the compelling
things it tries to say and honor the earnestly
picturesque job of staging that has gone into
it. But don't ask me to say I have liked
it. or to say anything more than that it is
theatrically lavish but dull.
Charles H. Bur key Buried
About 200 persons, mostly from the
industry, attended funeral services for
Charles H. Burkey, veteran exhibitor,
who died of heart disease.
Active pallbearers were Jay Means,
who succeeded Burkey as president of
the I.T.O.; Arthur Cole of Par-
amount ; William Warner, Warner
branch manager ; Harry Taylor, Co-
lumbia branch manager ; R. R. Bie-
chele, secretary of the K.M.T.A., and
C. A. Schultz. president of Common-
wealth Theatres.
Ward Robertson Dead
Kansas City, Oct. 12. — Ward C.
Robertson, in the theatre business in
this territory 27 years and former
manager for Fox Midwest in Kansas,
is dead. He managed theatres in
Hutchinson, Kan., Springfield, Mo.,
Pueblo, Colo., Pittsburg, Kan., and
other cities and was. 60 years old.
Gets New Dickens Yarn
Hollywood, Oct. 12. — Favorable
preview notices on "Great Expecta-
tions" have prompted Universal to as-
sign direction of "The Mystery of Ed-
win Drood" to Stuart Walker. Ed-
mund C. Grainger is the supervisor.
Epstein in from West
Dave Epstein, coast agent, arrived
from Hollywood by air yesterday to
confer with Michael Balcon of Gau-
mont British on talent deals. He will
be here only a few days and then re-
turn west.
Pete Smith Back
Hollywood, Oct. 12. — Pete Smith
returned todav by plane from the east
where he has been vacationing. He is
sick with what he calls a "New York
stomach."
Dinner for Sophie Tucker
The American Federation of Actors
will give Sophie Tucker a banquet at
Mecca Temple Casino, Nov. 3, at 11
P. M. The "red hot mama" is sailing
from Southampton on the Manhattan.
Oct. 25. and will be in New York
Nov. 1.
Twelve toastmasters will officiate at
the banquet. Eddie Cantor and George
Jessel have already signified their in-
tention of being present.
Reopens Detroit House
Detroit. Oct. 12.— Joseph Portell,
operator of the Greenwood, opened his
recondition, revamped Virginia in the
northern section of the city today The
house has been closed three months
and Portell has installed new projec-
tion and sound equipment, new seats
and a new front. The house now seats
600 and is now deluxe.
Ellison Is Candidate
Millard H. Ellison, a brother-in-
law of Felix Feist, M-G-M sales
manager, is now a candidate for Jus-
tice of the Supreme Court on the Re-
publican, City Fusion and Recovery
Party tickets. Ellison is a well known
attorney and was assistant district at-
torney, New York County, from 1910
to 1916.
Fox to Make "Inferno**
Hollywood. Oct. 12. — Fox plans to
film Dante's "Inferno" in Technicolor
with production to start Nov. 5, un-
der the direction of Harry Lachman.
Binkov Expanding
Jimmy Binkov, operating the Tem-
ple, Union City, N. J., has taken over
the Pastime, same city.
i Purely
Personal ►
GENE LOCKHART, stage come-
dian who appeared in the Theatre
Guild production of "Ah, Wilderness,"
has been signed to a long term con-
tract by Radio.
Mrs. Sam Liggett, wife of the Co-
lumbia executive, is recovering from
an operation at the Presbyterian Hos-
pital in Medical Center.
Cross and Dunn, night club sing-
ers and radio entertainers, start work
next week on a Vitaphone short at
the Brooklyn plant.
Boe O'Donnell has returned to
Dallas after a few days here con-
ferring with Publix home office
executives.
R. M. Hatfield, Erpi's managing
director in England, will be here for
another month on his annual home
visit.
Dorothy Dolan, former stage in-
genue recently signed to a long term
contract by Fox, is off for Hollywood.
Jeanette MacDonald returned to
the coast yesterday after the opening
of "Merry Widow" at the Astor.
Morris Segal of Majestic, Cleve-
land, arrives Monday for conferences
with E. H. Goldstein.
John Boles leaves Monday for a
motor tour of New England, accom-
panied by his wife.
Harry Asher of the Majestic ex-
change in Boston is due in town next
Wednesday.
Ona Munson gave a cocktail party
for Erxst Lubitscii at the Lombardy
yesterday.
E. Boreth of Masterpiece Attrac-
tions. Philadelphia, arrived in town
yesterday.
John Meyers of London Films will
return to these shores in six months.
Joe Plunkett is now in London in
the course of an extended trip.
Ketti Gallian sailed for France on
the Berengaria the other day.
Kay Francis expects to leave for
the coast late next week.
Moe Streimer is back from a trek
upstate on U. A. business.
Leon Schlesinger returns to the
coast on Tuesday.
Dave Chatkin is in town from
Cleveland.
J. Walter Rubin, M-G-M director,
is in town.
Jules Michaels has returned to
Buffalo.
Bailifs Swing Ends
Hollywood, Oct. 12. — Tom Baily
is back from a tour to key cities where
he visited editors for the purpose of
lining up new angles on publicity copy
and art.
Para. Re-Signs Three
Hollywood, Oct. 12. — Paramount
has renewed contracts on Randolph
Scott, Lou Sheridan and Colin Tatley.
Sten Title Changed
Hollywood, Oct. 12. — The title of
Anna Sten's next picture for Samuel
Goldwyn has been changed from
"Broken Soil" to "The Wedding
Night."
turday, October 13. 1934
MOTION PICTURE
DAILY
Assessments
Again Turned
DownbyNRA
(Continued from page 1)
rather surprising in that Golden, rep-
resenting independents, had approved
'the plan. He was added to the finance
committee after a group of inde-
pendent forces attacked the original
5chedule.
Some NRA officials, while not out-
spoken, are reported beginning to sus-
pect some code interests as "stalling,"
since it is held that they can submit
as many plans as they wish and have
them rejected. In time, it is stated,
they will get together on a plan that
is equitable to all interests.
The exhibitor second half assess-
ment plan was accepted by Campi and
is being sent to the Division of Re-
search and Planning.
Division Administrator Sol A. Ro-
senblatt returned today after a gruel-
ling code session in New York yes-
terday. It is reported here he will get
a high post in the new three-division
setup to replace the NRA. From ac-
counts here, it is rumored he has been
offered any job he wants in the new
scheme of things and his intention is
to see the theatrical codes through to
the end.
Plan Protest Over
Dubinsky's Tenure
(Continued from pope 1)
tection. Dubinsky's protest was the
only one sent to Campi, which re-
turned the original schedule for re-
vamping.
Zoning board members are speculat-
ing on whom to ask to serve as un-
affiliated first run representative in
case the exhibitors carry out their in-
tention to protest Dubinsky. There is
no other exhibitor in Kansas City
eligible, and a substitute will have to
be brought in from out of town, if a
willing exhibitor can be found.
Dubinsky became a member of the
board when A. F. Baker, manager of
the Electric, Kansas City, Kan., re-
signed as unaffiliated first run mem-
ber following completion of the pool
I involving his house and the Fox
I Granada.
Competition to Determine
Protection, Campi Holds
"Perfect' Short
Dallas, Oct. 12.— "La Cu-
curacha" has been booked
after its fourth private
screening by the Majestic
as the "perfect short sub-
ject" for the theatre's per-
fectly balanced program
Oct. 20. Booking was held
up because of the price.
"La Cucuracha" will share
the program with "Mrs.
Wiggs of the Cabbage
Patch."
Pittsburgh Ad Case
Certified to Campi
Pittsburgh, Oct. 12. — Acting as an
Industrial Adjustment Agency in the
complaint filed by H. B. Siegel of the
Princess, Erie, against the Palace,
Erie, the local grievance board failed
to arrive at a decision in a premature
advertising case and certified the com-
: plaint to Campi for hearing.
A. Bellette of the Grand, Fredericks-
town, Pa., won a decision over the
American, Vestaburg, Pa., when the
local clearance board reduced the clear-
ance of the American over the Grand
from 21 to 10 days.
tonomy be extended in the settlement
of local problems in spite of the code
requirements that a 75 per cent vote
should govern giveaways and other
controversial subjects. A majority rule
should be sufficient, they contend.
At the first meeting it was voted
that theatres should be allowed two
iveaways a month.
The City Council has withdrawn its
ban on theatre drawings. The new
ordinance became a law when the
mayor failed to act upon it after its
passage.
Officers of the new organization are
President, Rick Ricketson; vice-presi-
dent, H. A. Goodridge; treasurer,
Frank Culp ; secretary and counsel,
Emmett Thurmon ; directors, Ricket-
son, Goodridge, B. J. Hynes, B. D.
Cockrill, A. P. Archer, Buzz Briggs
and E. W. Kerr.
New Code Group Named
Hollywood, Oct. 12. — A standing
committee for freelance players mak
ing less than $150 weekly has been ap
pointed by Campi here. Its personnel
consists of C. H. Vanderlip, vice-pres
ident of Bank of America, who will
represent the public ; Charles Hub-
bard, personnel manager at Universal,
representing producers, and George
Hays, representing players.
(Continued from page 1)
Boston suburb, goes into an inde-
pendent zone. The case was heard by
the Boston clearance and zoning
board and later heard by an appeal
committee here. In actuality, the de-
cision is a loss for Paramount which
fought to have Brookline included in
the Boston zoning area.
The Fleetwood-Forum-Victory clear-
ance case in New York was deferred
again. Loew's expects to work out a
schedule with Trio-Consolidated that
will relieve the Code Authority from
deciding the issue. This complaint is
a sticker that has Campi worried.
Division Administrator Sol A. Rosen-
blatt insisted that a decision be handed
down, once and for all, but Loew's
stated that another survey of the ter-
ritory will be made Monday and a
plan worked out whereby the Trio
houses will not be held up on dates.
The Los Angeles schedule did not
even come up for discussion. It is be-
lieved it will be shipped back to the
coast board for revision for a second
time. This plan has as its highlight
the schism of zones dividing the
F.W.C. Uptown and Warners' Forum
and setting the two houses on a day-
and-date basis, first run. Previously
the F.W.C. unit had protection on the
Forum when both were classified in
the same zone.
Warner Sees
Patent Ruling
Theatre Peril
Code Regulations on
Extras Take Effect
(Continued from page 1)
were approved during the period of
turmoil surrounding the resignation of
General Hugh S. Johnson, it being
found later that the formal period for
protest had been overlooked, necessi
fating postponement of the effective
date until today.
Finish Radio Series
Winding up a series of four national
broadcasts explaining the current at-
titude of the Legion of Decency, Rev.
Hugh C. Boyle, bishop of the Pitts-
burgh diocese of the Catholic Church,
spoke last night. The New York out-
let was Station WJZ.
Denver Theatre Men
Hit at Code Rulings
Denver, Oct. 12. — Denver Theatre
Managers, Inc., has been organized
here and one of the first acts has been
to send a demand to Campi that au-
Crackup Hurts Whitney
Upperville, Va., Oct. 12. — John
Hay Whitney was hurt today when
his plane cracked up as it was being
landed at his Llangollen estate after a
trip from New York. His injuries
are not serious.
Brandt Adds 3, Making 30
Harry Brandt has added three more
theatres to his circuit, bringing the
total to 30. Latest additions are the
New, Rivoli and Boardwalk at Rock-
away Beach, L. I.
Warnerites Plan Party
Hollywood, Oct. 12. — The Warner
Club will stage a Hallowe'en party at
the Ambassador Hotel on Oct. 27.
Quits New Britain
New Britain, Oct. 12. — Arthur J
Alenard, manager of the Rialto, has
resigned to accept a similar position at
the Colonial, Utica. Menard was for
merly assistant manager of the Allyn
in Hartford.
Censors to Rate Films
Portland, Oct. 12. — Classification
of pictures for information of parents
has been decided upon by the censor
board. There has been an improve
ment in recent releases, it was made
known.
Code Men Back in L.A.
Los Angeles, Oct. 12.— The mem
bers of the local grievance and zon
ing boards are back from New York
where they attended Campi hearings
They will resume board hearings here
Tuesday.
Shiskmareff to M-G-M
Hollywood, Oct. 12. — M-G-M has
signed Kyrill de Shiskmareff, better
known as Alain Chandor, to write an
original.
Mayo to Do "Casino"
Hollywood, Oct. 12. — Archie Mayo
has been assigned by Warners to
direct "Casino de Paree," which will
star Al Jolson.
(Continued from page 1)
New Yorkers who won prizes in-
cluded Jules Levy, Ed McEvoy, Mit-
chell May, S. Charles Einfeld, Harvey
Day and Warner.
Speakers at the affair were Walter
Vincent, Sam Saxe, Levy, Joseph
Bernhard, McEvoy, Day and Warner.
Louis Nizer was toastmaster.
Many of those present went on to
Pittsburgh tonight for the Variety
Club banquet there.
Milwaukee Operator
Scales Are Boosted
(Continued from page 1)
or an increase of about 14 per cent.
Class 1(b) house operators received
a 13 per cent increase with booth costs
at $240 per week. Class 2 and 3 house
operators received hikes of 10 per cent
each with booth costs at $126.50 and
$108.90 per week, respectively, while
Class 4 houses are paying $70 per
week for booth costs, representing a
11 per cent hike.
Tussle Over Duals
Continues to Rage
(Continued from page 1)
Israel, of the Erie. Date set for the
rehearing is Oct. 20.
Israel, through his attorney, con-
tends that fraud and misrepresentation
were used in securing some of the sig-
natures to the agreement that had to
be unanimous to become effective.
"Wiggs" Held Year's Best
Hollywood, Oct. 12. — Adolph Zu-
kor has been awarded the Parent's
Magazine annual gold medal for Par-
amount's production of "Mrs. Wiggs
of the Cabbage Patch," adjudged the
best film of the year. Walt Disney
was awarded the medal last year for
"The Three Little Pigs."
Indiana Convention Set
Indianapolis, Oct. 12. — Plans are
complete for the state convention of
the Associated Theatre Owners of In-
diana at the Claypool Hotel next Mon-
day.
Puerto Rican Film Opens
The Latin Artists Picture Corp.
opened "Romance Tropical," said to
be the first picture made in Puerto
Rico, at the Campoamor, the former
Mount Morris, 5th Ave. and 116th St.,
yesterday, for a week's run.
Seek Portland Closing
Portland, Oct. 12. — Because of a
ban on Sunday beer selling license
holders have dug up the 25-year-old
closing law and have started suit to
close all theatres on Sunday.
Lubitsch on Sick List
Ernst Lubitsch is confined to bed
with a grippe. He was ill Thursday,
but left his bed to attend the opening
of "The Merry Widow" at the Astor.
MOTION PICTURE
DAILY
Saturday, October 13, 1934
Gaynor Film,
Vallee Huge
Hit on Loop
Chicago, Oct. 12.— The Chicago put
together a winning bill last week and
grabbed a surprising $62,000. It was
one of those grosses that remind ex-
hibitors of "the good old days," be-
ing $27,400 over current average.
"Servants' Entrance" was on the
screen and Rudy Vallee and his band
on the stage.
Despite the dwindling World's Fair
patronage grosses are holding up.
"Belle of the Nineties." at the Apollo,
took $10,000 in its third Loop week;
"Dames," in its fourth Loop week,
grabbed $4,000 at the Garrick, and
"Bulldog Drummond Strikes Back,"
also in its fourth Loop week,
garnered $13,000.
Total first run business was $158,-
000. Average is $121,600.
Estimated takings:
Week Ending Oct. 1:
"CHAINED" (M-G-M)
ROOSEVELT — (1,591), 25c-35c-S0c, 7
days. Gross: $17,000. (Average, $11,000)
Week Ending Oct. 4:
"SERVANTS* ENTRANCE" (Fox)
CHICAGO— (4,000), 25c-35c-68c, 7 days.
Rudy Vallee & Connecticut Yankees and
Alice Faye on stage. Gross: $62,000.
(Average, $34,600)
"THE AGE OF INNOCENCE" (Radio)
PALACE— (2,509) , 25c-35c-50c, 7 days.
Stage: Paul Ash, Tom Gentry & Co.,
Lydia & Joresco. Gross: $22,000. (Average,
$22,000)
Week Ending Oct. 5:
"BELLE OF THE NINETIES" (Para.)
(Third Loop Week)
APOLLO— (1,400), 25c-35c-50c,
Gross: $10,000. Average, $12,000)
"DAMES" (Warners)
(Fourth Loop Week)
GARRICK— (900), 25c-35c-40c, 7 days.
Gross: $4,000. (Average, $5,000)
"BULLDOG DRUMMOND STRIKES
BACK" (U.A)
(Fourth Loop Week)
ORIENTAL— (3,940), 25c-40c, 7 days.
Stage: Arthur Tracy, Martha Raye, Lewis
6 Moore, Nord & Jeane. Gross: $13,000.
(Average, $15,000)
"THE LAST GENTLEMAN" (U.A.)
UNITED ARTISTS— (1,700), 30c-40c-60c,
7 days. Gross: $16,000. (Average, $17,000)
Week Ending Oct. 6:
"ROMANCE IN THE RAIN" (Univ.)
STATE-LAKE — (2,776), 20c-25c-35c, 7
days. Stage: Faith Bacon and other acts.
Gross: $14,000. (Average, $15,000)
7 days.
Educators to Study
Wider Use of Films
A special committee has been cre-
ated by the National Education Ass'n,
according to Ernest D. Lewis, of
Evander Childs High School, presi-
dent, to study the use of films in sec-
ondary education.
Other purposes, according to Lewis,
are to "offer constructive suggestions
to the moving picture industry for im-
proving the character of films shown
to youth of high school age."
Emanuel Cohen Feted
Hollywood, Oct. 12. — -Emanuel Co-
hen was feted tonight at a dinner at
the Ambassador marking his third
year as head of Paramount produc-
tion. More than 400 studio executives,
contract players, writers, directors and
cameramen attended. Mae West was
the after-dinner speaker.
Cecil B. DeMille left the Cedars of
Lebanon Hospital, where he is recu-
perating, long enough to attend.
MOTION PICTURE DAILY*
HOLLYWOOD PREVIEW
"Gentlemen Are Born"
(First National)
Hollywood, Oct. 12. — Depicting with biting irony the front page idea
of college graduates embarking on life only to find an unwelcome recep-
tion, a fine, faithful drama has been produced and spun with emotional
romance.
While the subject matter is one that faint hearts may turn from, so
human is the picture, so aglow with sympathy that its message becomes
vividly convincing.
Four college boys graduate amid song. Franchot Tone will be a
reporter and an editor. Football Player Nick Foran will be an athletic
coach. Ross Alexander will be an architect and Robert Light a broker.
Business treats them coldly and jobs are hard to find. Tragedy, heart-
break, unemployment and all the economic vicissitudes assail the quartet.
Through it all the sustaining power of romance and love keeps them
going.
The entire production is suffused with an aura of metallic harshness
blended with tender warmth. In every department, the film excels.
Tone gives exciting interpretation to his role. Margaret Lindsay
seems definitely headed for stardom here. Alexander should go places
and Foran reveals hidden ability. Jean Muir and Ann Dvorak give
understanding insights as the girls who inspire their sweethearts.
Al Green's direction is penetrating and worldly, yet mooded to sock
the heart. It is a fine achievement. As an indictment of economic life
that inflates youth with collegiate ideas only to deflate it by unplanned
conditions, this picture will have a direct appeal to all classes. It merits
intelligent exploitation and given that, with word-of-mouth should
result in real business and comeback patronage. Production code seal,
No. 253. Running time, 76 minutes.
Looking 'Em Over
"Deserter"
{Garrison Film Distributors)
Never has a more fiery cry against capitalism come out of the Soviet
studios than this Mezhrabpomfilm production. As a plea for a square
deal for the laboring classes it should bring cheers from those who live
by the sweat of their brows, but as entertainment pure and simple it
can hardly hope to succeed. While its propaganda brands it immediately
in the eyes of pleasure seekers, the film is further handicapped by
harsh photography and choppy continuity, while in its eagerness to put
over its message it becomes at times slightly incoherent.
The film employs a dock strike in Hamburg to illustrate its theme
that the salvation of the workingman lies in communism. The author-
ities resort to steel and guns in their attempt to break the strike. The
dock workers, convinced that only to the Soviet union can they look for
help, send a delegation to Russia to absorb the teachings of Lenin so
that they may be taught in the ways of communism.
The cast names mean nothing to an American audience, though the
name of V. Pudovkin, who directed, may.
English titles make it easy to follow the course of the story. Running
time, 90 minutes.
Back to Stage Policy
Akron, O., Oct. 12. — The Palace
has switched from straight films to
a stage policy, opening with Mills
Brothers. The change is tentative and
dependent upon public response. This
is the only stage policy in town at
present.
Its First on "LegiF
Cleveland, Oct. 12. — "Green Pas-
tures" with Richard B. Harrison as
"De Lawd" comes to the Ohio, local
legitimate house, for three perform-
ances on Oct. 23-24. This will be the
first local legitimate show this season.
Centennial Group Named
Dallas, Oct. 12. — The motion
picture committee for Texas' state-
wide centennial celebration to be held
in 1936 was today appointed: John
Rosenfeld, Dallas News theatre critic,
chairman; P. B. (Jack) Garrett; Karl
Hoblitzelle, president, Interstate Cir-
cuit ; T. E. Jackson, former president
ol Texas State Fair; and Herbert
Marcus.
Dallas is to be the principal hostess
city for the centennial, which will
commemorate Texas' hundred years of
freedom from Mexican rule. Several
historical films based on the struggle
and other romantic phases of Texas
history are contemplated.
"Wimpole" Is
$65,860 Hit;
Gets Holdover
"Barretts of Wimpole Street" came
pretty close to being a sellout at the
Capitol last week on a take of $65,860.
It was the big Broadway noise of the
week and was held over.
"Caravan" got off to a slow start
at the Music Hall, but built up to
$75,000 on the week. "The Count of
Monte Cristo" had a good week at the
Rivoli with $36,000, and "Belle of the
Nineties" held up to $36,000 in its
second week at the Paramount.
"Chu Chin Chow" was good for
$25,500 in its second week at the Roxy.
"British Agent" took $23,109 in its
second stanza at the Strand.
Estimated takings :
Week Ending Oct. 2:
"COUNT OF MONTE CRISTO" (U. A.)
RIVOLI— (2,300), 40c-99c, 7 days. Gross:
$36,000.
Week Ending Oct. 3:
"SERVANTS' ENTRANCE" (Fox)
MAFYAIR-(2,300), 35c-65c, 2nd week, 2
days. Gross: $2,000.
"CARAVAN" (Fox)
RADIO CITY MUSIC HALL — (5,945),
35c-$1.65, 7 days. Stage show. Gross:
$75,000.
Week Ending Oct. 4:
"BARRETTS OF WIMPOLE STREET"
(M-G-M)
CAPITOL— (4,700), 35c-$1.65, 7 days.
Stage show. Gross: $65,860.
"SHE LOVES ME NOT' (Para.)
PALACE— (2,500), 25c-7Sc, 7 days. Vaude-
ville. Gross: $14,000.
"BELLE OF THE NINETIES" (Para.)
PARAMOUNT— (3,700), 35c-99c, 2nd week,
7 days. Gross: $36,000.
"CHU CHIN CHOW" (Gaumont British)
ROXY— (6,200), 25c-55c, 2nd week, 7 days.
Stage show. Gross: $25,500.
"BRITISH AGENT" (F. N.)
STRAND— (2,000). 25c-55c, 2nd week, 7
days. Gross: $23,109.
Week Ending Oct. 9:
"OUR DAILY BREAD" (U. A)
RIALTO — (2,300). 25c-65c, 7 days. Gross:
$18,000.
Lloyd in Personal
Checkup in South
Charlotte, N. C, Oct. 12. — Be-
cause "The Cat's Paw" is not living
up to his expectations in the south,
Harold Lloyd is preparing for a visit
here and to other key cities of the
south.
Leslie F. Whelan, Lloyd's personal
representative who spent a day here
conferring at the Fox exchange, said
the comedian cannot understand it, so
he has decided to make a personal trip
through the south and find out for
himself just why his latest film has
not appealed.
When he comes south, Lloyd will
make no appearances at theatres but
will confer with newspaper men, the-
atre and exchange managers.
Double Wedding Nears
Omaha, Oct. 12. — A double wed-
ding of interest to the local industry
will take place here Oct. 16. Louis
Wintroub, son of Max Wintroub,
owner of the Majestic exchange,
will marry Eve Katzman, for-
merly secretary to the Universal
branch manager here, while the
groom's twin sister, Gerry, will be
married to Adolph S. Wilhelm of New
York.
This will mark the first serious sep-
aration of the Wintroub twins since
cradle days.
The Leading
Daily
,Newspaper|
Motion |
Picture
Industry
MOTION PICTURE
DAILY
Alert,
Intelligent
and
Faithfut! J
Service to"
the Industry
in All
Branches
VOL. 36. NO. 89
NEW YORK, MONDAY, OCTOBER 15, 1934
TEN CENTS
Tips Plan for
A Gov't Check
On Production
Mrs. Gilman Also for
Distribution Brake
Columbus, Oct. 14.— Plans are un-
der way to ask that a Federal com-
missioner represent the consumer at
the point of production and to seek
government supervision of distribution,
according to Mrs. Gilman, chairman of
the National Congress of Parents-
Teachers Ass'n. She made this state-
ment as she urged delegates to the
Ohio convention of the association to
follow the mandate of the national
body and discontinue cooperating with
the industry. Mrs. Gilman maintains
the organization should conduct its
own fight to make films more whole-
some for children.
"We have organized in the past and
(Continued on page 4)
Coast Men Assert
Dual Issue Alive
Los Angeles, Oct. 14.— Coast ex-
hibitors returning from New York
and the appeal hearing before Campi
on the local clearance and zoning
schedule assert that the question of
duals is not altogether a dead issue,
although discussions on this topic have
been dropped for the time being.
Local theatre owners are anxious to
get a schedule working for California
and for this reason agreed to a recent
decision by Code Authority not to
mention duals in the plan. However,
it is stated, that after a schedule is
working, an appeal will be made to
Code Authority to amend the schedule
to provide for duals.
300 Houses Groomed
To Run New Shorts
Approximately 300 theatres through-
out the country have agreed to use the
experimental educational and moral
films to be compiled from standard re-
leases for exhibition to juvenile audi-
ences at special matinees, such as Sat-
urday mornings.
The series of 24 shorts to be re-
leased under the title "Secrets of Suc-
cess," although cut from standard re-
leases, will be furnished with a pro-
logue and epilogue to give them fin-
ished continuity. Sequences from
"Sooky," "Sign of the Cross" and
other features will be employed to
point moral and educational lessons in
(Continued on page 4)
Blondes Lose
Hollywood, Oct. 14.— Win-
ners of the "Hollywood Na-
tional Cross-Section Con-
test," conducted by Agfa in
conjunction with Monogram,
are Harriett Allan De Buss-
man, Kansas City; Nell
Rhoades, Amarillo, Texas;
Madelyn Earle, Sally, S. C;
Ann Casper, Easton, Conn.,
and Ann Johnston, Jackson
Heights, New York City.
Not a blonde in the batch.
NRA Draws Up
Own Schedule
Of Code Dues
Washington, Oct. 14.— After hav-
ing rejected two schedules of assess-
ments for producers and distributors
drawn by Campi's own finance com-
mittee, the NRA Division of Research
and Planning has drafted and dis-
patched to Campi a schedule of its
own which Washington officials be-
lieve will be more equitable than any
yet suggested, it was learned Satur-
day.
Under the division's schedule, com-
panies in the higher brackets would
(Continued on page 41
Oklahoma Exhibitors
To Fight Music Tax
Oklahoma City, Oct. 14. — Plans
for pressing the national exhibitor leg-
islative campaign against music taxing
agencies were discussed by represent-
atives of 250 theatres at the annual
(Continued on page 4)
MAY MEET PATENT
ISSUE VIA DISCS
Pathe's Plan
Seen Set; No
New Changes
No changes will be made in the plan
of reorganization for Pathe Exchange,
Inc., it was decided following a study
of suggested changes presented by a
single group of stockholders of the
company. The plan will be resub-
mitted to the shareholders in its origi-
nal form in the event the extraordi-
nary meeting of stockholders which
Pathe is seeking leave to call is au-
thorized by the court, it was learned
Saturday.
Pathe officers, after several weeks
of consideration, came to the conclu-
sion that the changes proposed would
contribute nothing to the plan in the
way of advantages to the stockholders
or the company. Pathe has several
(Continued on page 4)
Warners Dropping 4
In Milwaukee Soon
Milwaukee, Oct. 14. — Warners are
relinquishing four of their eight neigh-
borhood houses here, effective Oct. 15.
The future of the four houses, the
Venetian, State, Riviera and Koscius-
zko, has not yet been determined, al-
though it is rumored they may be
taken over by Fox.
Allied Holds '28 By-Laws
Old; Plans to Revamp Them
Because it is felt the by-laws of 1928 are antiquated, Allied
will revise its constitution to conform to present-day conditions.
Proposals are now being made for certain changes and a vote
by mail will be made before the new amendments are officially
recorded.
Annual meeting of the national board of directors will be held
sometime in January. The place and date have not yet been
decided. Today the eastern Allied group will hold a regional
session at the Copley Plaza in Boston with Walter B. Littlefield
as chairman. Business and organization relations will be dis-
cussed.
Sidney Samuelson, president, states four new units will be
added to the national roster shortly. He would not say when
the next exhibitor association would annex itself to Allied, but
that when the time is ripe he will announce it.
Rumored Majors See
This Way Around
Tri-Ergon Case
Major producers are considering a
plan to return to sound-on-disc record-
ing and reproduction in order to step
around or over the legal point won by
American Tri-Ergon, which is Wil-
liam Fox-controlled, in the U. S. Su-
preme Court at Washington last week.
Basic patents reputedly covering the
film method of recording and repro-
duction only are involved.
This is the report.
Several lawyers for major producers
late last week denied they will resort
to turntables and discs as their way
around or out of an issue as yet to be
finally determined.
This is one answer to the report.
Significant, however, was the pos-
sibility sounded by Harry M. Warner
at the dinner which concluded the an-
nual golf tournament of the The Ex-
hibitor of Philadelphia, a Jay Emanuel
(Continued on page 4)
Hayden, Stone Deal
Livens Met. Bonds
Renewed activity in the bonds of
Fox Metropolitan Playhouses being
traded on the Produce Exchange dur-
ing the past few days has reflected
new interest in the issue as a result
of the pending Hayden, Stone & Co.
bid of $4,500,000 for the assets of the
circuit.
The Fox Met bonds have been dor-
mant since the withdrawal of the
Loew-Warner bid for the circuit two
months ago when the issue sold off
from $46 to $30. Renewed buying
(Continued on page 4)
Talent Accumulation
Attacked by Zanuck
Hollywood, Oct. 14.— The accumu-
lation of large numbers of contract
players by studios yesterday was
likened to the development of stock
companies and frowned upon as a
policy by Darryl Zanuck, 20th Cen-
tury production head, who said that
it leads to too frequent teaming of the
same players with the public soon
tiring of them.
"Although it is a more costly pro-
duction procedure," Zanuck said, "we
believe that audiences are entitled to
see new casts and new combinations
of players in each picture and that the
policy justifies itself."
MOTION PICTURE
DAILY
Monday. October 15, 1934
MOTION PICTURE
DAILY
(Registered U. S. Patent Office)
Vol. 36
October 15, 1934
No. 89
B
Martin Quigley
Editor-in-Chief and Publisher
MAURICE KANN
Editor
JAMES A. CRON
Advertising Manager
Published daily except Sunday and holi-
days by Motion Picture Daily, Inc., sub-
sidiary of Quigley Publications, Inc..
Martin Quigley, President; Colvin Brown,
Vice-President and Treasurer.
Publication Office: 1790 Broadway. New
York. Telephone Circle 7-3100. Cable ad-
dress "Uuigpubco, New York." All con-
tents copyrighted 1934 by Motion Picture
Daily, Inc. Address all correspondence to
the New York Office. Other Quigley pub
ligations: MOTION PICTURE HERALD.
BETTER THEATRES, THE MOTION
PICTURE ALMANAC and THE CHI-
CAGOAN. ^ , .... T.,
Hollywood Bureau: Postal Union Life
Building, Vine and Yucca Streets, Victor
M. Shapiro, Manager; Chicago Bureau: 407
South Dearborn Street, Edwin S. Clif-
ford, Manager; London Bureau: Remo
House, 310 Regent St., London, W. 1.
Bruce Allan, Representative. Cable address-
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Entered as second class matter, January
4, 1926, at the Post Office at New York
City, N. Y., under Act of March 3, 1879
Subscription rates per year; $6 in the
Americas, except Canada $15 and foreign
$12. Single copies: 10 cents.
Warner Plant Zooms
Under a Peak Load
Hollywood, Oct. 14. — Production at
the Warner studio is being carried on
at maximum speed with 11 of the
company's sound stages in use. "Sweet
Adeline," "Gold Diggers of 1935,"
"White Cockatoo," "The Right to
Live" and "Sweet Music," all set for
early future release, are now in work.
"Eaglet" Franklin's 2nd
"The Eaglet," a historical play to
be staged here this season by Harold
B. Franklin and Arch Selwyn, will
be adapted for the screen and produced
here as the second of a two-picture
deal for Fox release. The first is
"Gambling," with George M. Cohan.
Eva LeGallienne and Ethel Barrymore,
who head the cast in the stage pro-
duction of "The Eaglet," will fill the
same roles in the film version.
Seattle House Reopens
Seattle, Oct. 14. — John Hamrick
has reopened the Orpheum. He spent
$10,000 on remodeling which was han-
dled by the Shearer equipment organ-
ization. Pictures and vaudeville will
be the policy.
Para, to Star D. Holt
David Holt, seven-year-old prodigy
of "You Belong to Me," will be
starred by Paramount in a film to be
made from "Born with Wings," a
story purchased for him.
Insiders' Outlook
BILL FOX is either one up in
the patent fight via American
Tri-Ergon or a lot of important
film men are needlessly worried.
Already factually established is
the story that several attorneys
have had little sleep since the
Supreme Court ruled it would
not grant a review of the lower
Federal courts on the issue at
issue, so great has been the por-
ing over legal tomes. Eddies and
currents in the situation prevail
over lack of authentic informa-
tion as to Fox's next step. Re-
ported over the week-end was a
yarn he had already indicated to
Erpi, RCA and their licensed
producers and distributors that
his annual rovalty had been fixed
at $30,000,000, a sizeable sum
even in the picture business. Not
clear is why the licensees should
be worried. Their contracts with
the electrics contain a clause fur-
nishing protection against patent
onslaughts. . . .
▼
Hollywood's idea of some-
thing exciting : The arrival there
of Ned Depinet and Herman Zoh-
bel is followed immediately by a
revived slant on the old fantasy
that RKO will move distribution
headquarters to the West Coast.
Admittedly tentative as to de-
cision, those who credit the yarn
say there appears to be no doubt
that a new office building now
being rushed on that lot is to
house fellows like Levy and
Smith, not to slight Depinet.
Don't let it throw you. . . .
T
The downtowners behind the
picture business consider it bad
enough that production is 3,000
miles removed from the execu-
tives that are supnosed to fashion
the shots which Hollywood fires.
The present system, at least,
keeps the financiers in touch with
what's goiner on even if the ways
of the celluloid mighty are so
often mysterious to banking eyes.
It seems a pretty safe conclusion
to draw that administration,
which includes distribution which
embraces much and frequent con-
tact with national circuit heads,
will remain snuggling close to
the money-bags since the money-
bags want it that way. . . .
▼
Truman Talley, Laurence Stall-
ings and Pedro de Cordoba
combine their respective produc-
ing, writing and declamatory
abilities in what Fox is about to
release as "The First World
War." Its title tells its grim and
authentic story. True to its in-
tent, the picture, touching too
lightly on the causes of the
World War, but heavily on the
conflict itself, is powerful because
of its very truth, unrelenting and
terrible as it is. Not pleasant en-
tertainment, if entertainment at
all, but a document of historic
value aimed at sober heads and
thinking minds. "The First
World War" deserves to be
played widely. It rates. . . .
▼
Breaths, belonging to bodies
identified definitely with M-G-M
officials, suspended their normal
operations at the "The Merry
Widow" opening Thursday night.
The jitters also came near hav-
ing an inning of their own when,
at 10 o'clock, Andre Sennwald,
film critic of the New York
Times who is rapidly making a
name for himself so good are his
analyses and his scrivening,
walked out on the picture. It
looked as if the Lubitsch film
which sent Metro into six figures
would get a panning Friday
morning. Home-office bigwigs,
therefore, were surprised, pleas-
antly of course, when Sennwald
handed it plenty. The lowdown
is he had a bulldog edition to
catch. And did. . . .
KANN
Eastman New Year's High on Big Board
High Low Close
Columbia Pictures, vtc 38J4 3854 3854
Consolidated Film Industries 354 3JA 3V2
Consolidated Film Industries, pfd 14% 14% 14%
Eastman Kodak 103 W2'4 103
Fox Film "A" 13 13 13
f.oew's Trie 30% 30 3054
Loew's Tnc, pfd 93y2 93% 9354
Paramount Publix, cts 4:4 3% 4
Pathe Exchange 1% 154 1$£
RKO 2?4 2% 254
Warner Bros 5JA 5 5
Technicolor Lone Curb Issue
Net
Change
- %
- %
+ %
- 54
Net
Sales
10)
100
200
900
300
3,600
100
5.2-0
6CK)
400
1,703
Technicolor
High Low Close Change Sale*
.13 13 13 200
Paramount Publix Bonds Off Half
High Low Close
General Theatre Equipment 6s '40 654 654 654
Keith, B. F. 6s '46 6V/S 61 '4 61 53
T.oew's 6s '41. ww deb rights 10254 10254 102^
Paramount Bmadwav 5'/s '51 40 40 40
Paramount Publix 5'4s '50 5854 5854 58'/$
Warner Bros. 6s '39, wd 6054 60 6054
Net
Change
- %
+ 'A
+ !A
- 54
+ 54
Sales
1
1
8
5
9
9
< Purely
Personal ►
FELIX FEIST, who sailed for
* Honolulu on Saturday, with a
stopover at Los Angeles planned, is
looking forward to a couple of days
there with Felix, Jr., and the latter's
family.
George J. Schaefer's health hasn't
been of the best lately. In and out of
bed with a cold, he's back to his al-
most dawn-to-midnight working sched-
ule down Paramount way.
Arthur W. Stebbins has aban-
doned any plans he may have had for
a European trip and plans to stay in
New York indefinitely.
Charles S. Belden and Frederick
Stephani collaborated on "AH His
Geese Are Swans." Columbia has just
purchased it.
Leo Birinski's yarn, "Tornado,"
has been purchased by Fox. It is an
original.
Film Leaders Flock
To Variety Banquet
Pittsburgh, Oct. 14. — Leading
members of the industry from all over
the country were among those who
attended the annual Variety Club
banquet at the William Penn Hotel
tonight. The affair, one of the big
events of the year, drew a crowd of
more than 1,000.
A large number of home-office ex-
ecutives journeyed from New York
for the function.
Bill Rodgers of M-G-M was one of
the New York sales executives who
made the hop to Pittsburgh.
G-B Renewswith Waxman
Gaumont British has closed a term
contract with A. P. Waxman under
terms of which he continues as adver-
tising counsel in charge of publicity,
advertising and exploitation of the
company and its product in this coun-
try. Waxman's original contract was
for a five-week deal. As a result, he
is closing his publicity office and will
confine all activities to Gaumont Brit-
ish. He will, however, continue to
serve as advertising consultant to Har-
old B. Franklin.
G-B Appoints Two More
George W. Weeks, general sales
manager of Gaumont British, has ap-
pointed W. G. Carmichael, formerly
of Paramount and Warners, to his
sales staff in Atlanta. J. S. Carsa-
callen, formerly of M-G-M and Fox,
has been appointed to the Charlotte
staff.
G-B Luncheon Today
A luncheon in honor of Nova Pil-
beam, Jack Hulbert, Robert Flaherty
qnd Berthold Viertel will be given by
Gaumont British at the Waldorf-
Astoria this noon. "Little Friend,"
starring Miss Pilbeam, will be
screened later.
/. M. Schenck Sails
Joseph M. Schenck left for London
on the Majestic early Saturday morn-
ing. The trip will be a short one.
Plunkett in London
London, Oct. 14. — Joe Plunkett is
here from the States, via Canada.
ate
fre
v .\vete ^e =~ .
one
ol the best
edV
o v/raie ^ . , , „te
corn' cesin
rdand and _ ^ screen, and
nu
1 was a
dis-
"DUMB-BELL LETTERS
abject outstanding 01
the sui
strong
biU. Audience teacuon^
at the end
marvelous, the applause
was genuine
lv spontaneous. Many
on their way out
natrons stopped
kind ol a bill.
- Carroll J. La^
La^br Theatres Corp.
Greenfield. Mass.
to
any
ab^^dtV^Cd
H.ate -- ^ucvc^- Ntn^^tesi^1
s^ i Ao*°lb , va\ue- ^tt*. Vt t Co-
ie ne%t otve* H*" tfeu)
to^ut*
7^
and what a ,„ a kuefi ,t,„
"Dumb-Bell Letters
had their premiere
showing our Boston
[ Theatre were not
only exceptionally
pleasing but received
and genuine ap-
plause after each show-
ing, which is gready
unusual."
— C. W. Koernei
Boston
RKO
RADIO
PICTURE
"Congratulations, Dumb-Bell
Letters, the smartest, brightest,
short that has hit the screen in years. We have
never played any subject that has received such howls
and laughs. It has taken Los Angeles and Hollywood by
storm and is destined to become a box-office attraction.
—Cliff Work— Los Angeles
"Just to let you know of our patrons^Sjj^^^jPF' reaction as well as my own to
'DUMB-BELL LETTERS.* These letters actually evoked uproarious laughter and
at the finish of the subject brought a round of applause, something very unusual
for any shorts. This series is destined to be very popular and it is my earnest be-
lief laughs will emanate from the most solemn faces. Congratulations!'
— Orpheum Theatre, Minneapoli
DUMB-BELL LETTERS, the reel of lalla-
paloozas from the morning mail that's
got the whole land s-c-r-e-w^yvv. collected
by Juliet Lowell, produced by
VAN BEUREN CORPORATION
MOTION PICTURE
DAILY
Monday, October 15, 1934
NRA Draws Up
Own Schedule
Of Code Dues
(Continued from page 1)
pay the lowest percentages, but
nevertheless, because of their greater
grosses, would contribute more in
dollars and cents. The plan, based
largely upon the income tax tables,
but with percentages reversed so that
those for the smaller companies are
larger, provides for the following
schedule :
For each $10,000 or fraction thereof
of receipts up to $100,000, the assess-
ment is $25 : for each $25,000 between
$100,000 and $250,000, $62.50 ; for each
$50,000 between $250,000 and $500,000,
$100 ■ for each $100,000 between $500,-
000 and $1,000,000, $200; for each
$500,000 between $1,000,000 and
$5,000,000, $800; for each $1,000,000
between $5,000,000 and $10,000,000,
$1 200 ; for each $2,500,000 between
$10,000,000 and $20,000,000, $2,000, and
for each $5,000,000 over $20,000,000,
$2,300.
It is said that the top rate total
assessment would be approximately
$20,000, as under the original plan
drafted by Campi, but that the top
bracket would embrace only three or
four companies instead of seven, as
heretofore, and that the charges upon
those in the lower brackets would be
more in accordance with their eco-
nomic importance in the industry.
The NRA Research and Planning
Division is understood to have felt
that the rejected schedules drafted by
Campi were too cumbersome and dis-
proportionate, as the companies in the
higher brackets were taxed at a higher
percentage than less important con-
cerns, it being pointed out that those
in the higher brackets are also the
ones with theatre affiliates, which are
assessed under the exhibitor schedule.
Hayden, Stone Deal
Livens Met. Bonds
(Continued from page 1)
following reports of the Hayden,
Stone offer last week was in good
volume and sent the issue up to $36.50
for Saturday's close.
The bondholders' committee is
scheduled to present to Skouras and
Randforce, operators of Fox Met, at
a meeting today a proposal to cancel
the long-term operating contracts held
by the two in favor of short term con-
tracts which could be cancelled if the
Hayden, Stone deal is not consum-
mated within 60 days after reorgani-
zation of Fox Met. It is understood
that Skouras and Randforce will con-
tinue as operators in the event a deal
is closed with Hayden, Stone.
Oklahoma Exhibitors
To Fight Music Tax
(Continued from page 1)
convention of M. P. T. O. of Okla-
homa which closed at the Biltmore
here yesterday.
The convention voted endorsement
of and continued support for M. P.
T. O. A. Morris Lowenstein of the
Majestic, this city, was elected presi-
dent for the coming year; L. A.
White of Weatherford was elected
MOTION PICTURE DAILY*
HOLLYWOOD PREVIEW
'The Captain Hates the Sea'
(Columbia)
Hollywood, Oct. 14. — Here's a comedy drama which hits the bull's-eye
of the entertainment target with human elements pointing to a potential
box-office winner. Expert direction and portrayals force the char-
acterizations into strong relief remembered after the fadeout. It is
suitable entertainment for all classes, providing laughs galore.
The story locale is a passenger steamer. Walter Connolly is a captain
who hates the sea and whose whole, main ambition is to dip bewhiskered
gents' foliage into soup. John Gilbert, the romantic lead, is a disillusioned
writer trying to stay on the wagon by leaving Hollywood. The story
takes form when Victor McLaglen, a supposedly dumb flatfoot, comes
aboard looking for a bond thief, Fred Keating. The latter passes the
bond to Helen Vinson, posing as a demure librarian to whom McLaglen
takes a shine.
Humor and pathos blend evenly in a series of situations leading up
to the climax with the marital trial of Wynne Gibson and John Wray
supplying the anti-climax. At the fadeout McLaglen had a rogue's
gallery photograph of the girl all the time ; the married duo makeup ;
Gilbert doesn't quit drinking and the captain pushes the beaver in
the soup.
Lewis Milestone directed with keen insight and a sense of comedy
values. The cast performances are excellent throughout with Leon Errol
entertaining as a bartender. It is a first rate adaptation by Wallace
Smith and Arnold Belgard from Smith's novel. Production code seal,
No. 329. Running time, 90 minutes.
vice-president, and R. M. Clark of
this city, secretary-treasurer.
Plans were formulated for bringing
the music tax situation before every
representative in Congress from Ok-
lahoma in the campaign to obtain leg-
islative relief from music taxes. Other
subjects discussed at the convention
were non-theatrical competition, new
product, theatre boycotts, overbuying,
double features, code matters and the
cancellation privilege.
Just "Romantic Mystery"
Hollywood, Oct. 14. — Walter Wan-
ger yesterday denied "The Vanishing
President," his first for Paramount,
contains propaganda. Such reports
have been circulating persistently here,
although the nature of the alleged
propaganda seems to be in some doubt.
The producer describes his story as a
"romantic mystery."
M-G-M Doubles 'Em
Hollywood, Oct. 14. — M-G-M has
launched what some here regard as
a new idea in designating two asso-
ciate producers to one picture. The
producers are Charles Reisner and
Jack Cummings and the picture is
"The Winning Ticket" with Louise
Fazenda and Leo Carrillo. Reisner
will also direct.
"Cleopatra," Cincy Draw
Cincinnati, Oct. 14. — "Cleopatra"
was one of the outstanding performers
here last week with an estimated take
of $13,000, one of the best at this house
in quite some time. It moves to the
RKO Grand for the second downtown
stanza.
In the Sick Bay
Hollywood, Oct. 14. — Maureen
O' Sullivan is at the Cedars of Leba-
non Hospital for correction of a stom-
ach disorder.
Betty Furness replaces her in the
cast of M-G-M's "Backfield."
300 Houses Groomed
To Run New Shorts
(Continued from page 1)
dramatic form. The releases will be
handled through the M. P. P. D. A.,
with the first to be screened Wednes-
day before the general convention of
the Episcopal Church at Atlantic
City.
Relight Dark Orpheum
Cincinnati, Oct. 14. — The Or-
pheum. 2,100-scat subsequent run sub-
urban opposite the RKO Paramount,
reopened Friday after being dark for
more than a year. Operation is two
shows an evening on a grind policy
from 2 to 11 P.M. on Sundays and
holidays. Scale is 20 and 30 cents
for balcony and lower floor. The
house was an RKO operation until the
title was recently relinquished. It is
the property of the Martin estate and
now in charge of M. Chester Martin,
one of the heirs.
"U" Has 3-Star Cast
Hollywood, Oct. 14. — Universal has
lined up a three-star combine for
"Straight From the Heart" in Roger
Pryor, Baby Jane and Alary Astor.
The story is an original by Doris An-
derson and will go into work under
supervision of B. F. Zeidman.
Polly Walters has arrived from
New York to play the chief role in
Damon Runyon's "Princess O'Hara."
Grainger Reaches Studio
Hollywood, Oct. 14. — James R.
Grainger will check into Universal
Monday. The executive has been in
San Francisco for the past week. .
Landi in Counter Suit
Hollywood, Oct. 14. — Elissa Landi
has filed suit here for $1,932.80 against
Joyce Payne for damages allegedly in-
curred when the latter sued her in Au-
gust. The suit against Miss Landi was
dismissed.
Pathe's Plan
Seen Set; No
New Changes
(Continued from page 1)
additional days in which to file affi-
davit in reply to those opposing the
holding of an extraordinary meeting
at which the plan could be adopted by
two-thirds of the stockholders present. |
If the court approves the holding of
the extraordinary meeting, 90 days'
notice is given to stockholders. Thus
the meeting, if authorized, could not
be held before January, 1935.
The reorganization plan provides
for an exchange of one share of con-
vertible preferred and five shares of
common of the new company for each
share of present preferred stock ; two
shares of new common for each share
of the present Class A stock, and one-
twentieth of a share of new common
for each share of old common.
N. O. Tax Returns Light
New Orleans, Oct. 14. — The
amusement tax, one cent on each ad-
mission under 50 cents, or two per
cent, has brought the city only $12,-
539 from Aug. 30 to Oct. 8, less than
$10,000 a month.
May Meet Patent
Issue Via Discs
(Continued from page 1)
regional publication, at the Lulu Coun-
try Club on Friday evening. The War-
ner president spoke of the possibility
of the major companies returning to
discs, but of a new type. This was the
dinner at which Warner also presaged
vital changes in the sound picture situ-
ation may be expected to follow the
Supreme Court's denial of a review
of the case. He also stated the situa-
tion was one of the most serious ex-
hibitors had ever faced.
Danish Company Wins Suit
Copenhagen, Oct. 14.— With the
Petersen and Poulsen sound patents
involved, Nordisk Tonefilm is victor
in a suit against Paramount and other
major American film companies.
Some quarters construe the decision
as vesting in Carl Bauder of Nordisk
the right to bar out American pictures.
If this is true, it is probable he will
negotiate for their entry on a licensed
basis.
Tips Plan for Gov't
Check on Production
{.Continued from page 1)
helped the movies while they have ex-
ploited our children, and the time has
come to quit," she declared.
In a subsequent interview, she
voiced strong criticism of Better Films
Councils which have been organized
by parents, with cooperation of exhib-
itors. "The councils have been made
tools of the exhibitors, helping pro-
mote attendance, and have been kept
busy previewing pictures over which
they had no control," she said.
"The councils have kept us busy
picking up chips when we should have
been sawing wood," which she ex-
plained as meaning that the council
members have been kept from doing
more effective work "cleaning up the
movies."
The Leading
Daily
jNewspapeim
MotionM
Picture
Industry
MOTION PICTURE
DAILY
Alert,
Intelligent
and
Faithfutt
Service to'
the Indistry
in All
Branches
VOL. 36. NO. 90
NEW YORK, TUESDAY, OCTOBER 16, 1934
TEN CENTS
Eastern Code
Approvals Up
To 150 Total
7 Features and 19 Shorts
Latest to Be O.K.'d
One hundred and fifty pictures, cata-
logued in all divisions, have been ap-
proved under the reinforced Produc-
tion Code Administration in the east
since the new system went into effect
on July 15. This is the official tally
at the close of business on Oct. 10.
In the latest batch are embraced
seven features and 19 shorts. Of the
seven features, five were made abroad,
while one, "A Tango in Broadway,"
is a Spanish-language feature made
here by Paramount for distribution
principally overseas. The seventh is
"Woman in the Dark,-' produced by
Select and acquired for domestic dis-
tribution by RKO. Vincent G. Hart,
(Continued on paqe 7)
Schlesinger to Make
"Melodies" in Color
Leon Schlesinger will make the
entire lineup of 13 Merrie Melodies
shorts in Technicolor, he stated yes-
terday. Warner home office execu-
tives viewed the first subject and
were so well satisfied that Schlesinger
has decided to add color to the re-
maining dozen.
The Looney Tunes series of 13 will
be made in black and white, the short
subject producer said. Schlesinger
leaves by plane for Hollywood either
Thursday or Friday.
Episcopal Clergyman
Wants Legion Drive
Atlantic City, Oct. 15. — A Legion
of Decency for the Episcopal church
was proposed here today by Rev.
Arthur Lee Kinsolving of Boston at
the 51st triennial convention.
Dr. Kinsolving introduced a resolu-
tion calling for the formation of such
a league and praised the Roman Cath-
olic offensive against the "debauching
effects" of films. He urged the church
to get behind a similar campaign.
Allied Men to Hold
Special Meet Here
A special meeting of a number of
Allied directors will be held at the
Warwick tomorrow and Thursday, by
way of a follow up of a meeting of
eastern unit heads in Boston yesterday
rid in advance of a full meeting of the
Vectors in December. Expected are
(Continued on paqe 8)
Court Allows $40,000 of
Fox Met Receivers' Fees
An application for interim allow-
ances for services rendered during the
receivership of Fox Metropolitan
Playhouses aggregating $285,000 was
allowed in the amount of $40,000 by
Federal Judge Julian W. Mack in
U. S. District Court here yesterday.
Fees applied for included §75,000 for
Irving Trust Co., receiver ; $70,000
for Walter Littlefield, receiver's coun-
sel; $80,000 for Beekman, Bogue &
Clark, counsel for Fox Met. bond-
holders' committee, and an aggregate
of $60,000 for Hanover Bank & Trust
Co., trustee under the Fox Met. in-
denture.
Following objections made by Ar-
chibald Palmer, attorney for an in-
dependent group of Fox Met. bond-
holders, Judge Mack disallowed the
petitions of Beekman, Bogue & Clark
(Continued on paqe 7)
Quittner Suit Deal
Calls for $10,000
The $5,100,000 Quittner anti-trust
suit against Paramount was settled
for $10,000, it was learned yesterday.
The settlement negotiations were con-
cluded last Friday, with contracts be-
ing exchanged on Saturday.
Counsel for the Paramount Publix
trustees are now preparing a petition
embodying the settlement which will
be presented to the Federal district
court here for approval when com-
pleted. Paramount is also negotiating
settlements of two other anti-trust suits
pending against it ; those of A. B.
Momand, Oklahoma, and E. M. Loew,
Boston, asking aggregate damages of
approximately $10,000,000.
Blumenthal Working
On Producing Plans
A. C. Blumenthal is still working
on his plans to produce about five
pictures a year, he asserted yester-
day. He is being held here because
of the Fox Theatre situation. Blu-
menthal says he is working with the
receivers of the circuit on reorgani-
zation plans and will know where he
stands in about a week.
He plans to leave for Hollywood
sometime next week to complete ar-
rangements on production and dis-
tribution of the features he intends to
make on both coasts.
Oklahoma Exhibitors
Vote to Join MPTOA
Oklahoma City, Oct. 15. — Fol-
lowing an address by Ed Kuykendall,
president of the M. P. T. O. A., more
(Continued on paqe 8)
6,000 a Day
New Orleans, Oct. 15.— The
St. Charles played to over
6,000 persons in one day, set-
ting a record, and just show-
ing what can be done when
the church sets out to sup-
port a film. It was the first
example of organized boost-
ing by the Catholic church
in this country.
Agency Hearing Is
Delayed to Oct. 31
Washington, Oct. 15. — Postpone-
ment of the agency hearing from Oct.
17 to Oct. 31 was announced today
by the NRA, but no reason was given.
Protests from California may have
been the cause.
A strong effort is being made by
the Academy and the Writers' Guild
to have the hearings transferred there,
but NRA officials have declared that
this could be done only if the Califor-
nia interests would agree to pay for
the cost of having a transcript of the
testimony made.
Production Shows
A Sharp Decline
FIollywood, Oct. 15. — Production
activity for the week ending Sunday
showed a sharp decline over the pre-
ceding week with a total of 38 fea-
tures and six shorts before the
cameras as compared to 43 and six
for the previous week.
In addition, there are 15 features
and 16 shorts in preparation ready to
start work within the fortnight with
(Continued on paqe 7)
Mexican Tax Put Up
To the Legislature
By JAMES LOCKHART
Mexico City, Oct. 15. — Acting up-
on instructions of President Abelardo
Rodriguez, the National Legislature is
considering ways and means of amend-
ing the Federal constitution in order
to define definite regulations concern-
ing imports of film materials.
Rules for production in Mexico will
also be considered, the idea being to
give governmental aid to struggling
producers.
Action is expected by the end of
the month.
Campi Vote on
Lease Clause
Stands at 6-4
Opponents Will Carry
Battle to NRA
Although Charles L. O'Reilly, Na-
than Yamins, Walter Vincent and
Edward Golden objected to the reso-
lution, Campi at its last meeting
adopted the plan to remove the leasing
clause from the code. Vincent repre-
sented Ed Kuykendall, president of
the M.P.T.O.A.
In favor of dropping the clause
were T"elix Jenkins of Fox, Robert
Youngman of RKO, Neil Agnew of
Paramount, J. Robert Rubin of
M-G-M, Harold S. Bareford of War-
ners and Willard McKay of Uni-
versal. The resolution was sent to
Division Administrator Sol A. Ro-
senblatt for approval, following which
the code will be amended in accord-
ance with its terms.
Major distributors in the past few
weeks have held that the clause had
no teeth in it and decisions on leases
(Continued on paqe 7)
Bareford and Kent
Talk on Code Costs
Long distance telephone conferences
are on between S. R. Kent, who is
vacationing in White Sulphur Springs,
and Harold S. Bareford, to revise the
recently rejected producer-distributor
assessment schedule. Code officials
hope that the redrafted plan will be
ready by the end of the week and
sent back to the NRA Division of
Research and Planning, which last
week turned it down for a second time.
Recommendations have been made
by the Division of Research and
Planning to guide the code finance
committee in revising the assessment
allocation. All major forces approved
the second plan as well as a majority
of independents.
Chicago Selling on
Old Clearance Plan
With Campi turning back the Chi-
cago clearance and zoning schedule,
selling in the Windy City will con-
tinue under the present clearance plan.
Code Authority members do not an-
ticipate a new revised schedule, but
Chicago exhibitors assert they may
go into sesion in about three weeks
and draft a new schedule.
Campi has refused to pass on an
appeal by the Premier Theatre Corp.,
operating the Empire, against the
(Continued on paqe 7)
MOTION PICTURE
DAILY
Tuesday, October 16, 1934
MOTION PICTURE
DAILY
(Registered U. S. Patent Office)
Vol. 36
October 16, 1934
No. 90
Martin Quigley
Editor-in-Chief and Publisher
MAURICE KANN yR
Editor
JAMES A. CRON
Advertising Manager
Published daily except Sunday and holi-
days by Motion Picture Daily, Inc., sub-
sidiary of Quigley Publications, Inc.,
Martin Quigley, President; Colvin Brown,
Vice-President and Treasurer.
Publication Office: 1790 Broadway, New
York. Telephone Circle 7-3100. Cable ad-
dress "Ouigpubco, New York." All con-
tents copyrighted 1934 by Motion Picture
Daily, Inc. Address all correspondence to
the New York Office. Other Quigley pub-
lications: MOTION PICTURE HERALD
BETTER THEATRES, THE MOTION
PICTURE ALMANAC and THE CHI-
CAGOAN. „ , TT . _..
Hollywood Bureau: Postal Union Life
Building, Vine and Yucca Streets, Victor
M. Shapiro, Manager; Chicago Bureau: 407
South Dearborn Street, Edwin S. Clif-
ford Manager; London Bureau: Remo
House, 310 Regent St., London, W. 1,
Bruce Allan, Representative. Cable address:
"Quigpubco, London"; Berlin Bureau:
Berlin-Tempelhof, Kaiserin-Augustastrasse
28, Joachim K. Rutenberg, Representative;
Paris Bureau: 19, Rue de la Cour-des-
Noues, Pierre Autre, Representative; Rome
Bureau: Viale Gorizia, Vittorio Malpassuti,
Representative; Sydney Bureau: 102 Sus-
sex Street, Cliff Holt, Representative; Mex-
ico City Bureau: Apartado 269, James
Lockhart, Representative; Glasgow Bureau:
86 Dundrennan Road, G. Holmes, Repre-
sentative; Budapest Bureau: 3, Kaplar-u,
Budapest, II, Endre Hevesi, Representa-
tive; Moscow Bureau: Civtzev Vrazhek, N.
25, Apart. 146, Moscow, U. S. S. R., Bella
Kashin, Representative. Cable address:
Samrod, Moscow.
Entered as second class matter, January
4, 1926, at the Post Office at New York
City, N. Y., under Act of March 3, 1879.
Subscription rates per year; $6 in the
Americas, except Canada $15 and foreign
$12. Single copies: 10 cents.
Brient Joins Thalheimer
Richmond, Oct. 15. — Elmer H.
Brient has resigned as manager of
Loew's to take charge of Morton G.
Thalheimer's circuit of five houses
here.
George Arthur Jones, formerly of
Loew's Wilmington, succeeds him,
and Roscoe Drissel goes from Loew's
Columbia, Washington, to Wilming-
ton.
Capitol, Roxy Try Names
Name opposition between the Cap-
itol and Roxy is slated for Broadway
for the week starting Oct. 26. The
Capitol has Eddie Cantor and Dave
Rubinoff in for a personal appear-
ance, while the Roxy has signed Dizzy
and Daffy Dean for the same week.
L. & M. Take Two Nov. 1
Leff & Meyers, Bronx circuit op-
erators, will take over the Harris
and Selwyn on West 42nd St., from
Max Cohen on Nov. 1. Acquisition
of the duo will make 10 for them.
Mallard at RKO Studio
Hollywood, Oct. 15. — William
Mallard, RKO general counsel, ar-
rived today for conferences with stu-
dio and home office executives who
are here.
Chodorov on "Adverse**
Hollywood, Oct. 15. — Edward
Chodorov will supervise Warners'
"Anthony Adverse."
Jersey 1933 Takes
Reach $19,179,000
Washington, Oct. 15. — Box-office
receipts of New Jersey's 238 theatres
last year totaled $19,179,000, while
$3,797,000 was paid to employes, ac-
cording to the U. S. Census Bureau.
Reports of the bureau on business
in the leading communities showed
13 theatres in Atlantic City with a
box-office of $1,159,000 and payrolls
of $199,000; seven in Camden with
receipts of $599,000 and payrolls of
$119,000; four in Irvington with re-
ceipts of $323,000 and payrolls of $65,-
000 ; 30 in Newark with receipts of
$4,056,000 and payrolls of $953,000;
four in Hoboken with receipts of
$420,000 and payrolls of $74,000; 16
in Jersey City with receipts of $2,-
698,000 and payrolls of $570,000; 11
in Trenton with receipts of $1,026,000
and payrolls of $214,000; three in
Passaic with receipts of $575,000 and
payrolls of $73,000; eight in Paterson
with receipts of $1,186,000 and pay-
rolls of $222,000; and four in Eliza-
beth with receipts of $668,000 and
payrolls of $141,000.
Hatrick Goes West Soon
E. B.
Hearst's
coast in
ferences.
returned
today or
gone for
Hatrick, general manager of
film interests, leaves for the
a month for production con-
Marion Davies. who recently
from Europe, leaves either
tomorrow. Hatrick will be
about two months.
"Crocus" to Carnegie
"Autumn Crocus," an English pic-
ture, opens at the Carnegie to-
morrow, establishing a long run
policy for the house. Henry Seigel
recently bought a half interest in the
house. Leo Brecher owns the other
50 per cent.
Seeks Richmond House
Richmond, Oct. 15. — Samuel Cra-
ver of Norfolk, operator of houses
in Norfolk, Danville and Lynchburg,
is dickering for the Lyric, former
Keith-Albee house here. He intends
to operate it on a 15-cent basis, if
the deal goes through.
"Gentleman" to Rivoli
George Arliss in "The Last Gentle-
man," 20th Century-U. A. release,
opens tomorrow at the Rivoli.
Costain, Fox Story
Head, Former Editor
Thomas B. Costain was appointed
yesterday as chief of the new Fox
bureau of literary material. For the
past seven years Costain has been
chief associate editor of The Saturday
Evening Post and assistant to George
Horace Lorimer, editor of the maga-
zine.
Headquarters of the new bureau
will be located in the Fox home office
until the first of next month and then
will move to Radio City.
Costain was born in Canada and
worked there as a newspaper reporter
until he joined the McLean Publish-
ing Co. where he served as managing
editor of McLean's Magazine. He then
joined the Curtis Publishing Co. where
he has been a member of the editorial
board for the past 14 years.
Charles Klein Married
Deadwood, S. D., Oct. 15. — Charles
Klein, president of the Black Hills
Amusement Co., has married Miss
Hilda Wendt, also of Deadwood, at
Hot Springs, S. D. They are spend-
ing their honeymoon in Denver and
Kansas City. His son, Richard Klein,
was recently married in New York to
Miss Jeanette Waugh, also of Dead-
wood. Richard is booking for Para-
mount in New York.
Harold Jones Marries
Sidney, Neb.. Oct. 15. — Harold
Jones, manager of the Fox, has been
married to Miss Imogene Mary Kas-
tarek of Beatrice, Neb. They will re-
side in Sidney.
Partington West Oct. 23
Jack Partington of F. & M. leaves
for the coast Oct. 23. Harry C. Ar-
thur returns from Los Angeles after
conferences with Mike Marco on
Oct. 27.
Yates in California
Hollywood, Oct. 15. — Herbert J
Yates, president of Consolidated, is
here from New York and will remain
about a month.
Solomon Gets "Bengal"
Louis A. Solomon is now sole dis-
tributor on "Beyond Bengal," he
states. The feature was produced by
Harry Schenck.
Eastman Equals Previous High on Big Board
Consolidated Film Industries, pfd.
Loew's, Inc
Paramount Publix
Trans Lux
Net
High
Low
Close
Change
Sales
38-4
38
38
- 54
400
354
354
354
- Si
100
15
WA
15
+ H
800
10414
103
103
900
13
12%
13
200
35
35
35
-X
100
3054
VA
29%
29%
- 54
2.200
m
VA
- A
11.500
154
154
1,500
1354
1354
1354
-Va
100
2V2
254
400
SA
W
- H
3.200
, on
Curb
Net
High
Low
Close
Change
Sales
13
12A
13
500
m
va
+ A
100
Loew Bonds Hit New High
High Low Close
Keith B. F. 6s '46 62 62 62
Loew's 6s '41, ww deb rights 103 102% 103
Paramount Broadway 554s '51 40 40 40
Paramount F. L. 6s '47 5654 5654 5654
Paramount Publix 554s '50 5754 56% 56%
RKO 6s '41, pp 32 32 32
Warner Bros. 6s '39, wd 6054 59 59
Net
Change
+ %
+ V2
-2%
-1%
+1
-154
Sales
400
4
5
1
5
1
4
i Purely
Personal ►
WILLIAM FOX, Jack G. Leo,
Jack Miller, Edward Silver-
man, Herman Robbins, Sam Dem-
bow, Jr., Toby Gruen, David Loew,
Mort Spring, Gus Schlesinger and
Loc Metzger were M. P. Club
lunchers yesterday.
Michael Balcon, who sails on Fri-
day for England, plans to return in
February when he will visit the coast
on a talent hunt. He returned yester-
day from Toronto with Arthur Lee
and Jack Hulbert.
Ernest Truex has returned to
town from a brief Bermuda vacation.
He starts work next week at the
Eastern Service plant in Astoria on
his next Educational comedy, "Sue,
Dear."
Charles Farrell, Yvonne Prin-
temps and Pierre Fresney, French
stage stars, and Florence Walton,
dancer, are among the passengers on
the He de France which arrives to-
day.
Jeanette Rex, publicity representa-
tive for Sol Lesser, leaves for Chi-
cago by plane today. She will visit
her brother in the Windy City for a
few days and then go on to the coast.
Arthur Landau of the Small-Lan-
dau agency has postponed his trip to
Hollywood. He has been delayed on
several deals. He plans to get away
about Thursday.
Arthur Sanchez will return to-
day on the lie de France after a six-
week business trip through the con-
tinent for the Trans-Oceanic Export
Co., Inc.
T. Hayes Hunter, former Ameri-
can director who is now in the agency
business in England, is here on a
visit. He represents Film Rights,
Ltd.
Art Jarrett is recovering from
minor injuries sustained in an auto-
mobile accident.
Warners to Produce
Philadelphia Reel
Philadelphia, Oct. 15. — Warners
will produce their own newsreel for
distribution to the 75 theatres they
now operate in this zone. To be known
as the Warner Theatres News Re-
porter, the reel will cover social, po-
litical and human interest stories
transpiring in and around Philadel-
phia. Leonard Schlesinger, zone man-
ager, and Harry Goldberg, advertising
and publicity chief, will be in charge.
Mort Blumenstock will supervise
from New York.
The proposed newsreel will be con-
fined to Philadelphia, the Warner
home office stated yesterday. Asked
if this was to be construed as an
opening or a trial step in the organiza-
tion of the company's own reel along
national lines, a company representa-
tive said it was not.
Trio Will Fly Here
Hollywood, Oct. 15. — Hal Roach,
accompanied by Bebe Daniels and her
husband, Ben Lyon, will fly to New
York tomorrow. Roach has some(
business to handle and Miss Daniels'
and Lyon will do some broadcast
ing.
the bi&est
attraction
in years
in FANNIE HURST'S Great Novel
OF
with WARREN
WILLIAM
ROCHELLE HUDSON
NED SPARKS HENRY ARMETTA ALAN HALE
and *rumy others
A JOHN M.STAHL Production
nas added tremendously to ner
popularity in tne past few montns
...Now Universal offers ner in a
picture Digger tnan Back Street
...Digger than Only ^4sterday ...
y es, in tne biggest attraction in years
Tuesday. October 16, 1934
MOTION PICTURE
DAILY
7
Court Allows $40,000 of
Fox Met Receivers' Fees
Campi Vote on
Lease Clause
Stands at 6-4
(Continued from page 1)
by Campi could not be enforced by
the NRA. This being the case, they
held that the clause should come out.
Independent forces are of the opin-
ion that the clause was put into the
code to protect the small exhibitor
from having his theatre taken away
during the last few months of a
lease.
Whether or not Rosenblatt will ac-
cede to the 6-4 vote has not yet been
determined, but it is understood in-
dependent members of Code Author-
ity will fight the resolution in Wash-
ington. No date has been set for a
public hearing.
Chicago Selling on
Old Clearance Plan
(Continued from page 1)
schedule on the ground the plan sub-
mitted is void.
Jack Miller and Edward Silverman
of the Essaness circuit return today
to Chicago after a week here confer-
ring with distributors and Code Au-
thority members.
Individual protests against clearance
and zoning schedules will be heard by
an appeal code committee today with
a Texas case highlighting the session.
Tomorrow the San Francisco sched-
ule comes up and on Thursday the
Detroit plan will be argued.
Disney Loses Writ
Plea in High Court
Washington, Oct. IS. — Walt Dis-
ney was refused a writ of mandamus
today by the U. S. Supreme Court.
He had sought the writ to require
Judge Harry A. Holzer to vacate an
order referring to a special master for
hearing the infringement suit brought
by RCA Photophone, Inc., against the
Disney Film Recording Co., Ltd.,
Walter Disney Productions, Ltd., and
Walter Disney charging the use of
machines infringing on Photophone
patents.
Disney had opposed having the case
heard before a special master because
of an overcrowded calendar, on the
ground that it imposed an unusual bur-
den of expense upon him and would
result in his companies being fined as
well as assessed damages if they
should lose.
Three Held in Hartford
Hartford, Oct. 15. — "One Night of
Love" has been held over for a fourth
week at Loew's here. "Barretts of
Wimpole Street," which played to ca-
pacity at Poli's, has been moved to
the Palace, the Poli B house here, for
a second week. Mae West's "Belle of
the Nineties" was held over for a sec-
ond week at the Allyn.
Poli's, incidentally, inaugurated fes-
tival week with a big lobby display, in-
cluding a bar for free cider, etc.
Mayor J. Watson Beach issued a proc-
lamation expressing his commenda-
tion of the type of picture the man-
agers are trying to show.
On Humor
Jack Hulbert, G-B come-
dian, neatly disposed of the
legend that the English have
no sense of humor at the
luncheon to Nova Pilbeam
yesterday when he said:
"You have to have a sense
of humor to live in England
today."
Walter Huston told the
story of a team playing Lon-
don. One vaudevillian sent
his partner down to see the
turn ahead of them and get
a slant on what the British-
ers like in their comedy. He
came back and said:
"The fellow wore three
foot shoes, a hat four feet
high and a six-inch nose. But
that wasn't the worst of it.
He was only the straight
man for his partner."
G-B Officials Give
Lunch for Pilbeam
Gaumont British officials, as well as
newspaper and trade paper critics and
representatives, turned out en masse
yesterday for a luncheon given by the
company at which Nova Pilbeam,
child player, was introduced and her
picture, "Little Friend," previewed.
With Mark Ostrer as toastmaster,
several hundred attended, among them
Jeffrey Bernerd, general manager of
G-B ; Michael Balcon, in charge of
production; Arthur A. Lee, vice-presi-
dent ; Sam Smith, and A. P. Waxman,
advertising counsel. At the dais were
Walter Huston and his wife, Berthold
Viertel, director of the picture, which
was screened; Mrs. Arnold Pilbeam,
Jack Hulbert, a G-B star ; Robert
Flaherty, producer of "The Man of
Aran,'" which opens at the Criterion
Thursday ; Howard S. Cullman of the
Roxy ; Louis Wiley, business manager
of the Neiv York Times; Edgar B.
Hatrick, general manager of Hearst
Aletrotone News, Jack Alicoate and
Martin Quigley.
Speakers included Nova, Hulbert,
Viertel, and Huston. Flaherty, Bal-
con and Bernerd satisfied themselves
with bows.
Starr with G-B, Detroit
Detroit, Oct. IS. — George W.
Weeks, general sales manager of
Gaumont British, has appointed Har-
lan Starr local manager here for his
company. Starr was formerly man-
ager of the Educational exchange
here.
Weeks left Sunday night for Chi-
cago.
Cincinnati, Oct. 15. — George W.
Weeks, sales manager of Gaumont
British, has appointed Rudolph
Knoepfle Cincinnati manager of the
company. The territory covers south-
ern Ohio, Kentucky, West Virginia
and Indiana.
Lowenberg in Hospital
Milwaukee, Oct. 15. — C h a r 1 e s
Lowenberg, state supervisor of Fox
theatres, is at Mount Sinai with a
heart ailment.
(Continued from page 1)
and Central Hanover and reduced the
Irving Trust allowance from $75,000
to $25,000 and the Littlefield allow-
ance from $70,000 to $15,000. The
fees cover the 10-month period preced-
ing the Fox Met. petition for reor-
ganization last August.
Skouras and Randforce, operators
of Fox Met., are understood to have
had presented to them yesterday by the
bondholders' committee a proposal in-
volving sale of the circuit to Hayden,
Stone & Co. for $4,500,000, contingent
upon the acceptance by Skouras and
Randforce of new short term operat-
ing contracts with cancellation clauses
which could be exercised by the bond-
holders' committee in the event the
Hayden, Stone deal is not consum-
mated within 60 days after reorgani-
zation of the circuit. Skouras and
Randforce are reported to have the
proposal under consideration and are
expected to give the committee their
answer within the next few days.
Production Shows
A Sharp Decline
(Continued from page 1)
the cutting rooms continuing to be
congested with a total of 46 features
and 17 shorts in the final editing
stages.
Warners continue to lead with
seven features in work, one preparing
and nine cutting; M-G-M has six,
one and ten; Paramount six, three
and three; Radio five, three and six;
Fox four, four and four; Universal
three, two and one; Roach one, zero
and zero; 20th Century one, zero
and zero ; Columbia one, one and seven
while the smaller independent group
aggregates four, two and six.
In the short subject division, Colum-
bia reports one working, one prepar-
ing and none in the cutting rooms.
M-G-M reports zero, four and four;
Universal zero, one and one; Radio
zero, three and six, while the inde-
pendent group shows five, six and
four.
Cunningham Elected
By Group in Indiana
Indianapolis, Oct. 15. — Earl Cun-
ningham, manager of the local Foun-
tain Square, was named head of As-
sociated Theatre Owners at its state
convention at the Claypool here to-
day. Other officers are: Maurice
Ruben, Michigan City, vice-president;
Harry Markun, Indianapolis, treasur-
er ; Helen B. Keller, Indianapolis,
secretary; Charles R. Metzger, coun-
sel.
The following were elected direc-
tors :
A. E. Bennett and Leonard Sowar, Mun-
cie; Roy Harrold, Rushville; Alex Manta,
Indiana Harbor; V. U. Young, Gary;
Walter Easley, Greensburg; Ross Earber,
Terre Haute; Oscar Fine, Evansville;
James Fushaneas, South Bend; Robert
Scherer, Linton; Frank Carey, Lebanon;
Robert Hudson, Richmond; H. P. Von-
derschmitt, Bloomington; R. R. Bair, A.
C. Varing and John Servaas, Indianapo-
lis.
The Legion of Decency was pledged
the association's support. Other top-
ics discussed were the music license
taxes and the National Housing Act.
Eastern Code
Approvals Up
To 150 Total
(Continued from page 1)
assistant to the code director, Joseph
I. Breen, is in charge of the work on
this coast.
The latest list follows :
Columbia
(Shorts)
"Life's Last Laughs," No. 2.
Educational
(Shorts)
"Domestic Bliss," "Black Sheep."
Fox
(Shorts)
"On Foreign Service."
Gaumont British
(Features)
"Jack Ahoy," "Power," "Little Friend."
Mundus
(Features)
"That's a Good Boy."
Paramount
(Features)
"A Tango in Broadway" (Spanish).
(Shorts)
"Keeping Time," "Betty Boop's Prize
Show," "Saddle Champs."
RKO
(Features)
"Woman in the Dark."
(Shorts)
"Parrotville Fire Department," "Dumb
Bell Letters" Nos. 5 and 6, "Pathe Topics"
No. 1, "A Little Bird Told Me."
United Artists
(Features)
"Frivate Life of Don Juan."
Universal
(Shorts)
"At the Mike," "Well, by George."
Vitaphone
(Shorts)
"Man of a Thousand Hits," Don Redmond
and His Orchestra.
Roasted and Toasted,
But Cohen Liked It
Hollywood, Oct. 15. — For what
was probably the first time in Holly-
wood's history, studio workers, as
paying guests, banqueted their chief
when Emanuel Cohen was toasted and
roasted at a dinner the other night to
celebrate his three years of service as
production head of Paramount.
The keynote speech was made by
Cecil B. De Mille who said :
"Cohen has accomplished in three
years what it usually takes 25 in other
industries."
Cohen, in his response, paid tribute
tc his co-workers. A. M. Botsford
revealed to those in attendance what
New York has long known : that he
is one of the wittiest after dinner
speakers in the industry. Mae West
extolled Cohen "as a great man"
while other speakers included Al Hall
foi the directors, Victor Milner for
the back lots, Arthur Hornblow for
the producers. A scroll presentation
was made by the president of the
Paramount Studio Club. The stage
show concluded with a pictureless
newsreel.
Cunningham discussed exploitation
and Harry Martin reported on his re-
cent trip to New York, where he
represented the small theatres before
Code Authority. Metzger presided.
MOTION PICTURE
DAILY
Tuesday, October 16, 193
Oklahoma Exhibitors
Vote to Join MPTOA
(Continued from page 1)
than 200 members of the Theatre
Owners of Oklahoma, in annual con-
vention here voted affiliation with the
national organization.
With this almost unanimous ac-
tion, the unit subscribed to the poli-
cies of the national group.
The state association reelected all
its officers and directors. They are
Morris Lowenstein, Oklahoma City,
president; L. A. White, Weatherford,
vice-president; R. M. Clark, Okla-
homa City, secretary-treasurer; di-
rectors, Fred Pickrel, Ponca City;
Pat McGee, Oklahoma City ; Edward
Kadane, Fredrick ; and L. A. White,
Weatherford.
Outstanding on the convention pro-
gram was the address of Kuykendall,
who said : "We accept 100 per cent
the challenge of the Legion of De-
cency. The proof of that acceptance
is the product which today we are
showing on the screen. Now, it is
up to the Legion of Decency and al-
lied organizations to prove their sin-
cerity by patronizing these new and
approved pictures."
Kuykendall pointed out that the
Chicago Legion, which has been most
active in the approval and disap-
proval of pictures, had placed its
stamp of disapproval on only two per
cent of the new product.
The association voted to meet again
here in January or February.
Allied Men to Hold
Special Meet Here
(Continued from page 1)
Abram F. Myers, Sidney Samuelson,
Aaron Saperstein, Walter B. Littlefield
and H. M. Richey.
Col. H. A. Cole arrived from Texas
yesterday to be present. He was ac-
companied by Jack Lilly, his theatre
partner in Greenville, Tex., and while
here expects to sit on an appeal filed
against them by the East Coast
Amusement Co. of Texas. The appeal
covers product availabilities in Green-
ville, where East Coast operates two
theatres.
Darmour to Lose Tonsils
Hollywood, Oct. 15. — Larry Dar-
mour is confined to the Wesley Hom-
mel Hospital for a tonsil operation.
Cohn a Colonel
It became known yesterday
that Jack Cohn, vice-presi-
dent of Columbia, was named
a Kentucky colonel several
months ago by Gov. Ruby
Laffoon of Kentucky.
Flash Previews
Anne of Green Gables — . . . fine
entertainment for general appeal . . .
rich in romance, with humor balanc-
ing pathos. . . .
Without Children — . . . when prop-
erly edited, it should make fair pro-
gram entertainment for youths and
adults in any community.
These films tvill be reviewed in full in a
later issue of Motion Picture Daily.
Looking 'Em Over
Mother of Budd and
Charles Rogers Dead
Mrs. Ida Rogers, widow of the late
Simon Rogers and mother of Charles
R. and Budd Rogers, passed away
early Sunday morning at New Bed-
ford, Mass. Funeral services were
held yesterday at 2 o'clock at Kehileth
Israel Temple, Brookline, Mass. Mrs.
Rogers was 77 years old.
Charles R. Rogers, Paramount pro-
ducer, flew in from the coast for the
services, and Budd Rogers, vice-presi-
dent and general manager of Liberty,
was at her bedside when she died.
Other surviving children are Walter
and Abe Rogers, and Mrs. Anne
Mendelsohn, Mrs. Julia Eschner and
Mrs. Rita Robinson.
"Little Friend"
( Gaumont-British )
Simplicity and heart-warming qualities are the outstanding attributes
of this Gaumont British production, strongly reminiscent of "Wednes-
day's Child," stage play which excited much comment when it strode the
boards here in New York not too far back.
This is the unaffected story of a poor little rich girl who proves her-
self to be of stronger and more sterling fibre than the parents that bore
her. It tells how, despite her 14 years, she evidences an understand-
ing, born of childish desperation, which outdistances that shown by her
paternal and maternal elders, and how, through her own somew:hat
bewildered decision, she makes them and her happiness join hands once
again.
Nova Pilbeam, very British, very much made of staunch stuff and
far more competent as an actress than might be reasonably expected of
the youngster she is, does an excellent job and gives the picture its
prime motivation. She is not known here, but not remote by any means
is the guess that a demand for her will grow when "Little Friend"
makes the theatre rounds. Matheson Lang and Lydia Sherwood are very
good and the direction by Berthold Viertel sympathetic. It is Nova,
however, who makes the picture the humanly warm and worth while
attraction which it is.
Production Code Seal, Xo. 0159. Running time, 75 minutes.
K A N X
Pittsburgh Buzzes
Over Variety Parti
Pittsburgh, Oct 15. — They wei
up late, but the town today continut
to buzz about the Variety Club dii
ner at the William Penn Sunda
night. More than 900 attended tl
sixth annual function. This was tf.
largest attendance in the club's hi'
tory.
Special cars from the east, we:
and midwest poured celebrities int
Pittsburgh over the week-end, a larg
number coming in a day ahead <
schedule to attend the Pitt-Souther
California football game on Saturda;
Seated in the banquet hall, in add
tion to a number of other visitor
were :
Joe E. Brown, Regis Toomey, Be
Wheeler, Sol A. Rosenblatt, Jules Lev
John B. Kennedy, "Rip" Collins, Joset
Bernhard, Louis Nizer, W. F. Rodger
Senator James J. Davis, Ted Husing, Ja<
Levy, Mike Kaufmann, Joe Cantor, Mo
bhea, Jack Flynn, A. Julian Brylawsl
Frank Damis, Clayton Bond, Harvey Da
Moe Silver, George Skouras, Max Cohe
Frank McCarthy, Sig Wittman, Earl Swe
gert, Ed Corcoran, Roy Haines, Louis 1
Sidney, Marvin Schenck, Harold Kem
Bill McCaffrey, John Royal, Edgar Mos
Eddie McEvoy, Joe Berrier. Sam Schwart
Mort Blumenstock, Joe McConville, Oscj
Morgan, M. A. Lightman, Charles Fro
man, O. L. Oz, Ed Harvey. Jack Schlaife
Bill Scully. Ike Lihson. J. Schwartz, Han
Ross, Frank Miske, E. C. Grainger, L
Hoffman, Steve Trilling, Pat Garyn, Ja<
Skirboll and M. Van Praag.
Rosey Rowswell acted as toas
master and Johnny Perkins served ;
ringmaster for a show that includi
more than 45 acts and lasted unl
early Monday morning.
John H. Harris was general chai
man of the banquet committee. Tl
affair was in honor of the club's tv
outgoing presidents, Harry Goldste
and Harry Kalmine, and the incor
ing Chief Barker, Mike Cullen.
Dascomb Burial Here
Paris, Oct. 15. — Arrangements are
being completed to ship the body of
Edmond Brooks Dascomb, one of the
heads of the Paramount News here,
back to America for burial. He died
here Saturday from a general cerebral
hemorrhage.
Dascomb joined the Paramount staff
in 1927 in New York and was trans-
ferred to their office here in 1930.
He was born in Texas 33 years ago
and was a graduate of the Naval
Academy at Annapolis. He is sur-
vived by his wife, Anne Glavin Das-
comb and his mother, Mrs. Nellie
Dascomb. Burial will be at Mercer,
Pa.
Ed Berry Dead on Coast
Hollywood, Oct. 15. — Ed Berry,
43, unit business manager at Fox and
a half-brother of Al and Ray Rockett,
died at the Cedars of Lebanon Hos-
pital this morning from injuries suf-
fered in an automobile accident at
Bridgeport, Cal., on Saturday night.
He is survived by his widow and the
Rocketts.
"The Man Who Changed His Name"
(DuWorld)
This British production from the Twickenham studios is an engross-
ing mystery drama from the pen of Edgar Wallace. Well directed,
finely acted and provided with rich and tasteful settings, it ought to
click with American audiences.
The story strikes an original note. It tells of a wealthy Englishman
(Lyn Harding) who changed his name to escape being mistaken for a
man of similar cognomen who murdered his wife and her lover. His
own wife (Betty Stockfield) has been having an affair with a polished
scoundrel (Leslie Perrins). The pair's amazement at discovering the
change in name turns into terror when they learn the story of the
murderer. They immediately conclude that Harding and the latter are
one and the same.
From that moment to almost the end of the film the woman and her
lover live in mortal fear of meeting the same fate that befell the other
couple. Then the husband explains, causing the wife to breathe easier
and the lover to stand exposed for what he is. Of course, Harding
knew of the attachment between Miss Stockfield and Perrins. He had
deliberately made the two believe him the murderer so that he might
be able to carry out a scheme to showr his wife just the sort of fellow
she was carrying on with.
It is a tribute to the film that it fools the audience completely until the
last few moments. All along it is led to believe that Miss Stockfield
and Perrins will get "the works" at the hands of Harding.
The cast also includes Ben Welden, Aubrey Mather, Richard Dolman
and Stanley Vine. Miss Stockfield possesses as exquisite a voice as has
been heard on stage or screen. It should make a tremendous hit. Henry
Edwards directed. Running time, 67 minutes.
Ohio Parents' Group
Hits Block Bookin,
Columbus, Oct. 15.— A resolutii
demanding better types of pictun
protesting block and blind bookin
and taking a stand to work for Fe
eral legislation to secure more car
ful treatment of subject material, w
adopted by the Ohio Congress
Parents and Teachers at the final se
sion of its convention here.
A resolution also was adopted ur
ing high cultural standards in t
further development of radio pr
grams.
Boston, Oct. 15. — Under the ai
pices of the Massachusetts Ch
League, the Twentieth Century CI
and the Massachusetts Parent-Teac
er Ass'n, a better films institute w
be held tomorrow and the followi
day. Mrs. Robbins Gilman of Mini
apolis, chairman of the film comm
tee of the National Congress of P:
ent-Teacher Ass'ns., will be in char;
Mrs. Frederick P. Bagley, chairm
of the film committee of the Cr
League, Mrs. Helen I. D. McGil
cuddy, chairman of the League of I
cency of the Catholic Order of F<
esters ; Mrs. Martha Sprague V,
son, editor of Child Welfare, and M
John W. Myers will be among 1
speakers.
Marxes Celebrate Signii
Hollywood, Oct. 15. — The Ma
brothers, minus Zeppo, give a stui
tea for press and friends tomorrow
celebrate their signing a new contr;
with M-G-M.
The Leading
Dailj
Motion^
Picture
Industry
MOTION PICTURE
DAILY
Alert,
Intelligent
Faithfiltl
Servici^w
the Inllistry
in All
Branches
VOL. 36. NO. 91
NEW YORK, WEDNESDAY, OCTOBER 17, 1934
TEN CENTS
Approval for
New Code Cost
Plan Foreseen
Sareford, Rosenblatt to
Hold Conference
Approval of the producer-distrib-
utor assessment schedule is expected
oday following conferences in Washi-
ngton between Harold S. Bareford,
i member of the code finance commit-
lee; Division Administrator Sol A.
Rosenblatt and members of the Divi-
sion of Research and Planning.
Bareford has been in touch with
5. R. Kent, second code finance com-
Tiittee member vacationing in the
South, on recommendations made by
:he Division of Research and Plan-
ning last week when it turned down
(Continued on page 7)
Hayden, Stone Fox
Met Bid Rejected
The Hayden, Stone & Co. bid for
Pox Metropolitan Playhouses assets
was rejected yesterday by the bond-
holders' committee of the circuit. It
is understood that the bondholders
were dissatisfied with the terms.
Under the proposal submitted by
the investment house, it was learned,
•the bondholders' committee was to
proceed with reorganization of Fox
(Continued on page 6)
Probe Is Started
On Para. Workings
An examination of present and for-
mer executives and department heads
of Paramount Publix concerning the
conduct of the company's business
prior to bankruptcy, the causes of its
financial difficulties and its dealings
with creditors and others was begun
yesterday before John E. Joyce as
(Continued on page 6)
Pope Hopes to See
Film Crusade Widen
Vatican City, Oct. 16. — Pope Pius
praised the American drive for clean
films today and expressed the hope
it would spread to every corner of
the world where pictures are shown
The pontiff's statement was made
during an audience granted Bishop
Ralph L. Hayes of Helena, Mont.,
who said the Holy Father had be-
stowed his blessing on the campaign
to purify the screen and expressed a
wish that the crusade go on.
Erpi Assures Theatres
Defense in Patent Suit
Censorship Is
Called Futile
By Rosenblatt
Harrisburg, Oct. 16. — Strong op-
position to any move for government
censorship of films was expressed here
today by Division Administrator Sol
A. Rosenblatt, speaking before the
M. P. Division of the State Federation
of Pennsylvania Women.
Self regulation in the industry is
the answer to clean pictures, he de-
clared.
After outlining the formulation of
the code and the drive for clean pic-
tures started some months ago, Rosen-
blatt described the industry efforts to
correct the situation.
"On July 15 of this year a forward
looking move of tremendous social
responsibility was made by the pro-
ducers of motion pictures themselves,"
he said. "I believe it will reach
farther than the screen itself ; it starts
(Continued on page 6)
Price Hike
Seen Behind
Texas Move
Behind insistence of the Interstate
circuit of Texas that product it plays
first run at 40 cents top or better
cannot play subsequent runs under 25
cents is a distributor plan to hike
admissions nationally next season, Col.
H. A. Cole, Allied exhibitor leader
in that state, told Motion Picture
Daily yesterday.
Karl Hoblitzelle, head of Interstate,
has bought from 150 to 200 of the
cream of the picture crop on the above
basis for his theatres in Dallas, Fort
Worth, Houston and San Antonio.
Cole, declaring the issue is the most
burning one in his territory, stated
there were only a handful of neigh-
borhood houses in those cities which
can get the 25-cent level and that the
situation, as now constituted, means
most of the subsequent run houses will
(Continued on page 6)
Distributors Put Curb on
Long Island Buying Pool
In an effort to break up the
Skouras-Seider-Schwartz buying pool
on Long Island, local distributors
have ordered a halt in spot bookings
for theatres involved in the pooling
arrangement. Branch managers and
general sales managers of all com-
panies have been meeting for the last
two weeks on the Long Island buying
setup and have finally come to the
decision that, unless the individual cir-
(Continued on page 7)
Independents Marshal Fight
On Lease Withdrawal Clause
Independents plan to take their fight against withdrawal of
the leasing clause from the code to Washington at a public hear-
ing to be set by Division Administrator Sol A. Rosenblatt.
All independents on Campi in addition to Walter Vincent, alter-
nate for Ed Kuykendall, voted in favor of retaining the clause
on the ground it was inserted in the code for protection of the
small theatre owner.
Because of the close vote, 6-4, a heated protest against dropping
the provision will be launched by unaffiliated exhibitors at the
capital open sesame.
Those Not in Default
To Get Aid Against
Tri-Ergon Moves
Theatres equipped with Western
Electric sound reproducers will be
fully protected against patent infringe-
ment suits, Erpi is informing its cus-
tomers. This will be done, Erpi is
advising the theatre industry, "in strict
compliance with the provisions of our
contractual agreement with you," but
provided theatres are "not in default
under your agreement with us."
Erpi declares the flywheel and
double printing patents claimed to be
owned by American Tri-Ergon and
on which the U. S. Supreme Court
has refused to review the findings of
the lower Federal courts do not re-
late to reproducers and assumes the
position that "no action is called for
at the present time relative to this
equipment."
The electric's communication, ad-
dressed "To All Users of Western
(Continued on page 6)
Para. Experimenting
With Wire Recording
Hollywood, Oct. 16. — Sound re-
cording experiments which, Para-
mount claims, may revolutionize the
present practice are being made this
week. The sound is recorded on a
wire. It makes use of the principle
of arrested magnetism.
Both light waves and sound waves
can be recorded, it is said, but at pres-
ent Paramount is using only sound
and Gary Cooper and Sir Guy Stand-
ing are doing dialogue from "Lives
of a Bengal Lancer."
Deal on to Buy Out
Marcus for Famous
Salt Lake City, Oct. 16. — Nego-
tiations for the purchase of the stock
held by Mayor Louis Marcus in L.
Marcus Theatres, Inc., by Louis L.
Dent are reported here to be nearing
completion. Dent is said to be acting
on behalf of Famous Theatres Corp.
and is a widely known western and
southwestern operator himself.
Marx Brothers Sign
Pact With M-G-M
Hollywood, Oct. 16. — The Marx
brothers today signed a contract
with M-G-M calling for one picture
with an option for more.
MOTION PICTURE
DAILY
Wednesday, October 17, 1934
MOTION PICTURE
DAILY
(Registered U. S. Patent Office)
Vol. 36
October 17, 1934
No. 91
Martin Quigley
Editor-in-Chief and Publisher
MAURICE KANN
Editor
JAMES A. CRON
Advertising Manager
Insiders' Outlook
Published daily except Sunday and holi-
days by Motion Picture Daily, Inc., sub-
sidiary of Quigley Publications, Inc.,
Martin Quigley, President; Colvin Brown,
Vice-President and Treasurer.
Publication Office: 1790 Broadway, New
York. Telephone Circle 7-3100. Cable ad-
dress "Ouigpubco, New York." All con-
tents copyrighted 1934 by Motion Picture
Daily, Inc. Address all correspondence to
the New York Office. Other Quigley pub-
lications: MOTION PICTURE HERALD,
BETTER THEATRES, THE MOTION
PICTURE ALMANAC and THE CHI-
CAGOAN. . „ . T-f
Hollywood Bureau: Postal Union Life
Building, Vine and Yucca Streets, Victor
M. Shapiro, Manager; Chicago Bureau: 407
South Dearborn Street, Edwin S. Clif-
ford, Manager; London Bureau: Remo
House, 310 Regent St., London, W. 1,
Bruce Allan, Representative. Cable address:
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Entered as second class matter, January
4, 1926, at the Post Office at New York
City, N. Y., under Act of March 3, 1879.
Subscription rates per year; $6 in the
Americas, except Canada $15 and foreign
$12. Single copies: 10 cents.
Sells Western Series
Harry Thomas of First Division
Exchanges, Inc., has just closed deals
for the 12 "Rough Rider" and "Range
Rider" series of Superior Talking
Pictures and the "Tarzan, the Police
Dog" and "Northwest Mounted" of
Stage and Screen Prod, for eastern
Pennsylvania, southern New Jersey,
Delaware and the District of
Columbia.
New One for Cohen
Max Cohen has taken over the
Prospect, Bronx, making a total of
eight for the circuit. After telling
Motion Picture Daily he was giv-
ing up the Harris and Selwyn to Leff
& Meyers, Bronx circuit operators,
Cohen yesterday reneged on the story
and stated he was "only kidding at
the time."
Reade to Open Ditmars
Walter Reade plans to reopen the
Ditmars, Perth Amboy, within 60
days. The house has been closed for
six years and is now being redeco-
rated. Reade also operates the Strand,
Majestic and Crescent in the same
town. The Ditmars will be second
run.
FWC Drops Its Radio
Los Angeles, Oct. 16. — Discover
ing the circuit can get along without
it, Charles Skouras has discontinued
the F.W.C. radio department. Harold
Hodge, in charge of programs, and
two assistants, have been laid off.
THE code front appears to be
turning more hectic than
ever. A general rewriting of this
offspring of the Blue Eagle is
looked for by more industry ob-
servers than you can shake a
stick at not later than the spring.
Congress will convene in Janu-
ary and, among the first pieces
of business to occupy the gentle-
men of the broad-rimmed black
hats and the flowing black ties,
is new NRA legislation which
probably will be enacted before
the session gets too old. The
nature of the spring foray into
new law-making regions is ex-
pected to be such as will require
basic changes in all existing
codes, particularly in their pro-
visions on labor. . . .
A reopening of the film code,
along with the others, therefore
may be expected to pivot around
labor and what is to be further
done for it. But interesting as
well is the persistent report,
based on many markers floating
in the breeze, that there will be
a demand for the rewriting of
much of the trade practice
provisions as well. There is
on record, for what it may
mean, a notice of the M.P.
T.O.A. to its members that the
organization will be ready to
work for an increase in the can-
cellation privilege from 10 to 15
percent and for restrictions on
double features, an old and per-
sistent M.P.T.O.A. bugaboo. Ex-
hibitor association rivalry being
what it is, it becomes evident
quickly enough that Allied will
refuse to sit back on its haunches
but instead will strike for adop-
tion of its many and well-known
platforms. Good old code ! . . .
Dramatic is the story behind
the newsreel clips of the as-
sassination of King Alexander in
Marseilles last week. All of the
reels rushed their shots to Paris
for lab work. The first prints were
seized by the local gendarmerie,
censored and slashed to the bone,
the reason for that being a fear
the assassin might have been a
Frenchman. The negatives, how-
ever, were smuggled to England
by plane and by chartered speed
boats, developed there for Lon-
don theatres and prints placed on
steamers due in New York to-
day. Pathe, however, flew its
clips to Cherbourg and caught
the Bremen, by luck or vision
avoiding what proved to be plenty
of trouble along the Seine. Local
sidelight amusing is the story
many of the dailies fell for late
last week. In it, Hearst Metro-
tone laid credit for scenes of the
murder in its then current issue.
In other words, less than 96
hours after the deed had been
done. Even Hearst can't do
that. . . .
T
The star rating system, em-
ployed by the Daily News and
the cause of much discussion and
some consternation among major
company publicity and advertis-
ing men, has undergone a change.
The stars are now buried in the
reviews and that makes them
less easy to spot. Now the p.
and a. men say they eventually
will see the day when the entire
system will be relegated to the
limbo of the forgotten. The
trouble has not been with four
star pictures ; every company
has been touting them on theatre
marquees and in newspaper copy.
Pictures rating less — that's been
the rub. The feeling has been
Columbia Hits Old High on Big Board
Columbia Pictures, vtc
Consolidated Film Industries
Consolidated Film Industries, pfd.
Eastman Kodak
Eastman Kodak, pfd
Loew's, Inc
Paramount Publix. cts
Pathe Exchange
Pathe Exchange "A"
RKO
Warner Bros 554
Net
High
Low
Close
Change
Sales
39*6
3854
39
+1
2,100
3%
354
3%
+ %
1,100
15%
15
15%
+ %
3,500
104
10254
104
+1
600
140
140%
140%
1,000
13%
13
13%
+ %
2,800
35
35
35
100
31%
30
3154
+154
13.900
4%
3%
4%
+ %
51.900
1%
1%
1%
+ %
3,100
1454
14
14
+ %
500
. 254
2%
254
2.000
. 554
5
5%
+ %
7,400
Sentry Rises Eighth on Curb
High Low Close
Sentry Safety Control 54 54 54
Technicolor 13% 13 13%
Trans Lux 1% 1% 1%
Net
Change
+ %
+ %
Paramount F. L. Bonds Gain B1/^
High Low Close
General Theatre Equipment 6s '40 754 7 754
General Theatre Equipment 6s '40, ctf 754 6% 754
Keith B. F. 6s '46 62 62 62
Loew's 6s '41, ww deb rights 103 102% 102%
Paramount Broadway 554s '51 40 40 40
Paramount F. L. 6s '47 5954 56% 59%
Paramount Publix 5%s '50 59% 57 59%
Pathe 7s '37, ww 98% 98% 98%
Warner Bros. 6s '39, wd 61 59% 61
Net
Change
+ %
+ %
%
+3%
+3
+2*
Sales
200
800
600
Sales
11
14
5
4
5
30
66
1
30
that this hurts at the box-office,
The trouble over lack of unanim-
ity in the companies' attitude has
been the natural and consequently
the understandable temptation to
capitalize four star winners
whenever the News critics hand
them out. Which is too often. . . .
▼
Herman Robbins' party at
Schroon Lake this year was a If
peach, the invited guests declare.
The National Screen president
every per annum takes his cus-
tomers into the Adirondacks for
hunting and fishing. Imbibing,
in a nice way, of course, played
a pretty substantial part in the
festivities this year, too. The
gang went up and back in a spe-
cial bus carrying its own bar and ,
bartender. Or maybe it was bar- ||
tenders. . . . Wally Beery's new j
deal with Metro is about set. 1
That stymies another Hollywood
crisis of some sort or another. . . .
▼
Lawrence Langner, important
man in the Theatre Guild's
scheme of things, foresees the day
when his organization, champion
of the better things in the Ameri-
can theatre, will produce its own
pictures. It might be better for
the Guild to concentrate a trifle
more diligently on its first born
first. . . . Between the Tri-Ergon
situation which is crowding the
board room of the Hays associa-
tion these days and fear in high
film ranks over what Upton Sin-
clair will do if he wins the guber-
natorial race this fall in Cali-
fornia, the celluloid market on
huddles is bullish once again. . . .
KANN
«
Tower Day" Lunch
Arranged by Ampa
The Ampa tomorrow will observe
"Tower Day" by way of celebrating
the fifth anniversary of Tower Pub-
lications and its editorial head, Ca-
therine McNelis.
Louis Nizer will be toastmaster and
Elsie Janis, toastmistress. Eddie Can-
tor, Ernst Lubitsch, Claire Trevor and
Ginger Rogers will be among those
at the dais. Entertainment will be
supplied by Irving Kaufman, who is
"Lazy Dan" of the air, and the Dun-
can Sisters.
"Barretts" Held Again
"The Barretts of Wimpole Street''
will be held for a fourth and final
week at the Capitol. This is the only
picture to be held for that length of
time in the history of the house with
the exception of "Flesh and the Devil."
Skouras, Buckley East
Hollywood, Oct. 16. — Charles I
Skouras, Charles A. Buckley and Ed I
Zabel leave for New York tomorrow!
night to discuss F. W. C. reorganiza- 1
tion plans and dispose of other accu- 1
mulated business.
H. W. Kahn Forms Kameu I
Henry W. Kahn, formerly manag-
ing director for Fox Film in central
Europe, has formed Kameo Pictures
Corp. as a world wide distributor for
American and foreign product.
\,^v*yres*n+s
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EIGHT OPENINGS OVER^w*
EEK-Ef
RKO - RADIO PICTUR
DIRECTED BY MARK SANDRICJ
Dance Ensembles Staged by Dave Got
PANDRO S. BERMAM PRODUCTIC
ON A RAINBOW OF RHYTHMs
RKO-RADIO BRINGS ANOTHER BOX-OFFICE BONANZA TO Tl
D EACH ONE A RECORD BREAKER!
NEW RECORDS DANCING
TO THE MERRIEST TUNE
IN MONTHS!
BOSTON —First 3 days
equals first 7 days business of
"Flying down to Rio" which in-
cluded New Year's Eve and Day
(and you know what business
"Rio" did.)
HELD OVER FOR SECOND WEEK!
KANSAS CITY —First 3 days equals
"Little Women" record which played Thanks-
giving Day and holds all time house record.
HELD OVER FOR SECOND WEEK!
OWMEN OF THE WORLD!
MINNEAPOLIS —First 3 days within
$700 of full week's business for "Rio" (and
"Rio" was in top money class.)
HELD OVER FOR SECOND WEEK!
MEMPHIS —Doubles the best business
since January and in for new house record.
OMAHA —First 3 days indicate week
will do $1500 better than any show in past six
months.
FORT WORTH . . GALVESTON,
MILWAUKEE.. . they're still counting
the money... we'll give you the figures later.
6
MOTION PICTURE
DAILY
Wednesday, October 17, 1934
Censorship Is
Called Futile
By Rosenblatt
(.Continued from page 1)
a movement that undoubtedly will
soon extend to plays and books."
In emphasizing his contention that
the industry can regulate the moral
phases of its production, Rosenblatt
said : "Unacceptable motion pictures
to which the public is not attracted
cannot be successfully distributed or
exhibited.
"The consuming public of this
country knows what it wants — par-
ticularly so far as the amusement
world is concerned. It will no more
attend and thereby make a financial
success of an unworthy motion picture
production than it will listen to an
undignified and unacceptable radio
broadcast.
"It was evident in March, 1934,
that the place to do any cleaning up
was at the source of the trouble —
where the pictures were made and at
the time they were made. It is inter-
esting to note in this connection that,
even at this time of emphasized in-
terest in pictures, every proponent of
some corrective step is quick to de-
clare against government censorship.
I myself do not believe in such a
remedy, because I know that you can-
not legislate morality. Self-regula-
tion and education, under powerful
and virile leadership, are the only ef-
fective medicines.
"The cure must come from within.
Any outside corrective is futile."
In support of his contention that
leaders of the cleanup movement
themselves were opposed to govern-
mental censorship Rosenblatt quoted
from speeches and statements by Car-
dinal Mundelein, Archbishop Mc-
Nicholas of Cincinnati, the Federal
Council of Churches of Christ in
America, Most Rev. James H. Ryan,
rector of Catholic University of
Washington, and Bishop Francis J.
McConnel of the Methodist Episcopal
Church.
Envoy Says Pictures
Are Harmful Abroad
Kansas City, Oct. 16. — The charge
that American films create a false im-
pression of the United States abroad
was made by Ruth Bryan Owen, Min-
ister to Denmark, in an address be-
fore the Women's City Club here.
Mrs. Owen said that her job was
made difficult by the type of films ex-
ported, adding that it would please
her to see pictures made showing the
better side of Main Street, the typical
American homes and the quiet vil-
lages where people work by day and
go to bed at night instead of sending
to other countries films that do in-
justice to our nation.
"Public esteem is far too serious
a thing to sacrifice to box-office
profits," she commented.
Says Phila. Off 40%
Philadelphia, Oct. 16. — Movie at-
tendance here has dropped 40 per cent
as a result of the Legion of Decency
drive, Lutheran ministers were told
here at their weekly meeting by Rev.
Thomas J. F. O'Ryan, rector of the
Catholic Church of the Resurrection.
Price Hike
Seen Behind
Texas Move
(Continued from page 1)
he compelled to boost admission tar-
iffs with the knowledge that the public
will not respond.
He added a number of neighbor-
hoods in Dallas had organized a com-
mittee to handle the situation with the
possibility that recourse to courts of
law may result. "While these oper-
ators are not members of Allied, they
have nevertheless appointed me to the
committee. Some action may crystal-
lize next week," he said.
Business in the smaller Texas towns
is good, Cole said. "Many theatres
are playing to 125-150 per cent of their
population every week. I doubt if
there is another section of the country
which can report so satisfactory a con-
dition," he concluded.
Clemmons Calls Business
In Texas "Satisfactory"
Business conditions in Texas are
very satisfactory, J. C. Clemmons,
president of the Jefferson Amusement
Co., operating 45 theatres in 20 Texas
towns, stated yesterday. Theatre re-
ceipts have picked up in the last year,
but at the present time things are
stationary, he said.
The Jefferson circuit is rebuilding
the Liberty, Beaumont, which recently
burned down. The house, which will
seat 900, will be opened on Nov. 14.
Clemmons, who came in to attend a
code hearing involving clearance on
the Texan, Greenville, Texas, will be
here for about a week lining up prod-
uct. Otis U. Sullivan, partner in the
Jefferson circuit, and operator of the
Texan in addition to the Rita in
Greenville, is also in town. J. M.
Gordon, attorney for Jefferson, after
attending yesterday's code session
leaves for Beaumont today.
Clemmons stated the circuit plans
no new acquisitions or building at this
time.
Expect Allied Meet
Will Be in Chicago
Annual election of Allied officers
will probably be held in Chicago in
January, when a meeting of the board
of directors is slated. Sidney Sam-
uelson, president, will in all likelihood
be re-elected.
Reports are current that the newly
formed I. T. O. of Mississippi will be
the next unit to join the organization.
Allied is reported anxious for repre-
sentation in this territory, which is
the stamping grounds of Ed Kuyken-
dall and the Tri-States Exhibitors'
Ass'n.
Buy Two Features
Samuel Cummins and Jacques A.
Koerpel, heads of Eureka Prod., have
purchased two English pictures, "Song
at Eventide" and "Danny Boy," for
release in America shortly.
O'Donnell Leaves Today
Robert O'Donnell of the Hoblitzelle-
O'Donnell circuit in Texas leaves for
Dallas today after conferences with
Publix officials.
RCA Silent
While Erpi is now assur-
ing its theatre customers
that it will protect them in
the patent situation brought
closer to a climax by the
U. S. Supreme Court re-
fusal to review the findings
of the lower court in the fly-
wheel and double printing
case, RCA Photophone ap-
parently has done nothing
by way of a move in the
open.
A company official yester-
day declared no statements
of any description had been
made to date.
Probe Is Started
On Para. Workings
(Continued from page 1)
special commissioner for the Federal
district court.
The inquiry has listed for examina-
tion, as and when subpoenaed, Ralph
A. Kohn, Jesse L. Lasky, Sam Dem-
bow, Jr., Neil F. Agnew, William S.
Paley, George W. Trendle, John H.
Kunsky, Elek J. Ludvigh, A. John
Michel, Norman Collyer, Edward A.
Brown, Joseph E. McDermott, Fred
E. Mohrhardt, Marion Coles, Charles
E. Hawthorne, Henry Anderson and
Fred L. Metzler. The latter are pres-
ent and former members of the Para-
mount accounting, auditing and legal
departments.
The examination is being conducted
by the Paramount Publix trustees,
through counsel, and will make par-
ticular inquiry into matters pertaining
to the acquisition by Paramount Pub-
lix of shares of its own stock in 1930,
'31 and '32. All books, papers and
records relating to such transactions
are to be produced for inspection dur-
ing the examination, which will also
inquire into the amount, kind and
whereabouts of Paramount property
and other matters which may affect
the administration and settlement of
the debtor's estate.
Farfan Starts Own
Producing Company
Hollywood, Oct. 16. — Robert Far-
fan, former production manager for
Mack Sennett, has formed his own
company to produce a series of eight
Spanish features with all Mexican
casts. Release will be aimed at Latin
American countries, principally Mex-
ico. Farfan is also planning to con-
struct his own studio between Agua
Caliente and Tia Juana. He leaves
for New York shortly to arrange dis-
tribution.
Bob Dunnick in Hospital
Grand Island, Neb., Oct. 16. — Bob
Dunnick, manager of the Capitol, an
A. H. Blank house, was stricken with
appendicitis last week and taken to a
local hospital for an operation. John
Krier, assistant manager of the Para-
mount, Omaha, was rushed in to han-
dle the theatre temporarily.
M. H. Hoffman Is Here
M. H. Hoffman, president of Liberty
Pictures, is in town for story confer-
ences with Budd Rogers on the addi-
tional four pictures planned this season.
Erpi Assures
Protection in
Patent Battle
(Continued from page 1)
Electric Sound Reproducing Equip-
ment," reads :
"Under dates of Nov. 29, 1933, and
Jan. 25, 1934, we wrote you with re-
spect to the matter of the suit brought
by the American Tri-Ergon Corp.
against Altoona Publix Theatres and
Wilmer and Vincent Corp. involving
the so-called fly-wheel patent. The
recent action of the U. S. Supreme
Court relating to this suit has been
followed by many inaccurate and mis-
leading statements.
"We wish, therefore, again to ad-
vise you that the suits in question do
not relate to our equipment installed
in your theatre. No action is called
for at the present time relative to this
equipment. We shall advise you if
there should be any court decision
affecting our equipment installed in
your theatre.
"If however, you should be inter-
fered with in the use of our equipment,
or should be threatened with any such
interference, it is important that you
communicate with us immediately by
telegraph and give us at the earliest
possible opportunity full written de-
tails by mail. Any such communica-
tions should be addressed to our New
York office.
Will Stick to Agreement
"As you have been previously ad-
vised, we will protect you in strict
compliance with the provisions of our
contractual agreement with you in the
event of a patent infringement suit
based upon our reproducing equip-
ment being brought against you and
provided, of course, that you are not
in default under your agreement with
us."
In the meantime, the American Tri-
Ergon situation has been the subject
of several meetings to date of major
company heads with John E. Otterson,
president of Erpi, the latest having
been held at the Hays office on Mon-
day behind closed doors.
Opinion looked upon as entirely re-
liable holds the situation is one that
is best described "as serious but not
critical."
Erpi and its licensed companies are
expected to proceed along an iden-
tical line of action. What form such
action will take, it is reported, has not
been developed as yet. Approach to
the situation is said to be possible
along several lines, but the decision
reputedly rests largely on the majority
opinion reached by Erpi and major
company attorneys.
Hayden, Stone Fox
Met Bid Rejected
(Continued from page 1)
Met with Hayden, Stone issuing to
the holders $4,500,000 in stock in the
new company in exchange for the
bonds of Fox Met. Hayden, Stone
agreed to repurchase a part of the
issue within a certain period.
Giannini Reaches Coast
Hollywood, Oct. 16. — Dr. A. H.
Giannini returned today from his ex-
tended European trip.
Wednesday, October 17, 1934
MOTION PICTURE
DAILY
Approval for
New Code Cost
Plan Foreseen
(Continued from page 1)
the assessment allocation for a second
time.
All major companies had approved
the plan and practically all of the
smaller producers and distributors
agreed to it. It was a surprise that
the NRA turned it down. With Bare-
l'ord consulting NRA heads on the
setup, he has the power to accept
for Campi.
Most of the major companies al-
ready have contributed to the main-
tenance of Campi and when bills are
sent out they will be on an annual
basis, checked off against pavments on
file.
Bareford is due back tomorrow.
Illinois and Texas
Protests Are Heard
Two individual protests were heard
yesterday by an appeal committee con-
sisting of Edward Golden, chairman ;
E. L. McEvoy and Henry Sussman.
The first case was that of B. & K.,
operating the LaGrange, LaGrange,
111., against George W. Kruger, Hins-
dale, Hinsdale, 111., on premature ad-
vertising. Jack Miller of the Essaness
circuit appeared for the defendant.
In the second case, the Greenville
Amusement Co., operating the Rialto
and Colonial, Greenville, Texas, com-
plained against the Jefferson Amuse-
ment Co. and East Texas Theatres,
Inc., Beaumont, on overbuying.
A. W. Lilly, complainant ; J. C.
Clemmons, president of Jefferson; J.
M. Gordon, attorney for Jefferson ;
and Otis U. Sullivan of East Texas
were on hand for the hearing.
U. A. Wins Contract
Complaint in Omaha
Omaha, Oct. 16.— Jack Gelfand,
manager of the Garden, Sioux City,
la., defendant in a "validity of con-
tract" complaint brought by United
Artists, lost the decision before the
grievance board, acting for the first
time as an industrial adjustment agen-
cy.
At the same time the grievance
board refused to allow distributors to
sell or give a film to the local Vet-
erans of Foreign Wars post for a
benefit show on the grounds of unfair
competition from a non-theatrical
Loeb Here to Study
Data Upon Agencies
Edwin J. Loeb, legal representative
for producers in Hollywood, is in New
York conferring with executives in
connection with the agency public
hearing scheduled in Washington on
Oct. 31.
Because he wanted more time to get
additional data on agency matters,
Loeb telephoned Division Adminis-
trator Sol A. Rosenblatt in Wash-
ington on Monday and got a two-week
postponement. The meeting was
originally scheduled for today.
Distributors Put Curb on
Long Island Buying Pool
(Continued from page 1)
cuits sign contracts for product, they
will not be able to spot book.
Local exchange executives hold that
each branch will sell circuits individ-
ually and will not recognize a com-
bine. The order is now in effect.
Notwithstanding this edict, Maurice
Brown yesterday held a session with a
number of local independent exhibi-
tors, representing about 50 theatres,
to band together on new buying. The
session was held in the Gold Room at
the Lincoln, but no action was taken.
The independents feel that by group-
ing 50 theatres into one pot they can
get better terms and playdates from
exchanges. Whether distributors, in
face of the "ban" on the Skouras-
Seider-Schwartz arrangement, will
consider a cooperative buying tieup
of the independents, is not yet appar-
ent, but indications are the setup will
meet with opposition.
Grievance Board's
Delays Stir Anger
Action of the New York grievance
board constituency is becoming annoy-
ing to some of the members, particu-
larly at yesterday's session, which did
not get under way until an hour after
the scheduled time.
Many of the members and their
alternates could not be reached to sit.
In face of the two overbuying com-
plaints by Aaron Shusterman against
Walter Reade, a recommendation was
made to postpone the hearing. Shus-
terman objected on the grounds that
he had no pictures for his Red Bank
house and needed relief.
At the request of John C. Flinn,
Al Friedlander of First Division came
over and sat. After the meeting had
been under way for about 15 minutes,
Friedlander got up and started to walk
out, claiming that such was the agree-
ment with Flinn before he came over.
Louis Geller, chairman, called Flinn
on the phone and after a short con-
versation, Friedlander talked to the
Campi executive secretary and stayed
for the rest of the hearing.
Thompson Gets Perturbed
At one point in the hearing, George
F. Thompson, impartial member, per-
turbed at the fuss, declared : "I'm not
getting paid for being here. I'm doing
this for the government. My only
compensation is to come here and see
Louis Nizer jump up and make a
speech."
Leo Justin of the Reade circuit de-
fended his case while M. Albert of
Weisman, Quinn, Allan & Spett acted
for Shusterman.
Shusterman operates the Strand,
Red Bank, N. J,, in opposition to
Reade's Carlton, same city, and the
Roky, Perth Amboy, against Reade's
Majestic, Strand and Crescent, same
city. Shusterman claimed that he had
been unable to get major product for
either of his houses because his oppo-
sition had purchased 240 pictures in
Red Bank in addition to a deal pend-
ing with RKO for 50 for Perth Am-
boy.
Nizer asked Shusterman if he would
pay the same terms Reade is paying,
if he were awarded relief, and the
answer was yes.
The board decided that Reade was
guiltv in both instances, but, instead
of allocating product, it left this part
of the decision to Campi. The mem-
bers did not want to tell distributors
what product they must give up. Re-
sponsibility for phrasing the verdict
legally was left to Thompson, who
is regarded as exceptionally fair.
K. C. Bank Nights
Lose After Appeals
Bank nights received a further blow
yesterday when Campi made public
three appeals decisions upholding the
Kansas grievance board in cases in-
volving the practice. The complainant
in each instance was Mrs. A. Baier of
the Lindbergh Theatre, Kansas City.
The respondents were Edwin S.
Young, the Roanoke ; J. F. Rigney,
the Westport, and W. D. Fulton, the
Colonial and Southtown, all in Kansas
City.
Four other decisions in appeals
cases were revealed yesterday by
Campi. The Atlanta grievance board
was upheld in ruling against Inde-
pendent Theatres, operating seven
houses in Chattanooga, Tenn., which
complained the Rivoli, State and
Rialto, in the same city, were obtain-
ing more second runs than required.
Lease Decision Upheld
Harry E. Haff, operating the Pho-
toplay, Adams, Mass., lost an appeal
involving an extension of lease, with
the Atlas Amusement Co., operating
the Atlas in the same town, as the
respondent. The authority threw out
an appeal brought by the Astor The-
atre, Chicago, which complained that
the zoning schedule for that city fails
to provide for the release of pictures
to theatres charging 10-cent admission.
While Campi upheld the Boston
grievance board in dismissing the
overbuying complaint brought by the
Harvard Amusement Co., operating
the Coolidge Corner Theatre, Brook-
line, Mass., against the Capitol and
Allston, Allston, Mass., it reversed a
ruling of the Boston clearance board
and granted the complainant's request
that it be placed in a separate zone
from the defendants.
Campi Gets Latest
Milwaukee Schedule
Milwaukee, Oct. 16. — Following
a meeting of the clearance and zoning
board, a revised schedule for Mil-
waukee county has been submitted to
Campi in accordance with suggestions
outlined by that body. Publication of
the schedule will be withheld until ap-
proved by Campi, following which, a
hearing will be held on it.
St. Louis Protests Fail
St. Louis, Oct. 16. — In spite of the
protests of theatre managers the City
Council has approved the contract for
presentation of "Ziegfeld Follies of
1934" in the Municipal Auditorium
on Nov. 4. The city will receive a
flat rental of $3,000 a week.
< Purely
Personal ►
MARY ELLIS, stage star, will be
seen on the American screen
for the first time in "Bella Donna," a
Twickenham picture to be distributed
in this country by M. J. Kandel, head
of Olympia Pictures.
Charles Rosenzweig and Jules
Chapman, sales manager and secre-
tary of First Division, have left on
an eight-week trip through the com-
pany's exchanges.
Maxine Doyle is on her way to
Washington for a week of personal
appearances at the Earle. She was
mistress of ceremonies there before go-
ing to the coast.
Bernie Shapris has resumed the
management of the City Hall The-
atre and will do the buying for the
Republic and Werbers, in Brooklyn.
Al Selig got back from Boston yes-
terday and was shipped off again to
the bean town to work on "Trans-
atlantic Merry-Go-Round."
Abe Lehr, here for several weeks
on business for Samuel Goldwyn, ex-
pects to be around three weeks more.
Then back to Hollywood.
Lee Ochs will be tendered a dinner
by the Monday Nighters next Tuesday
evening at the M. P. Club.
Ginger Rogers arrived in town to-
day on the 20th Century for her first
vacation here in two years.
Abe Waxman is knee deep in work.
Most of evenings are spent around the
Gaumont British offices.
Dorothy Lee has been signed to do
a Vitaphone short in Brooklyn with
Hal LeRoy.
Mitzi Green will be interviewed
over WMCA tonight at 6:30 by Sam
Taylor.
Junior Coghlan is en route to
New York for a vacation with his
mother.
Lou Goldberg returned from Phil-
adelphia yesterday.
Casting Bureau on Air
Hollywood, Oct. 16. — At the re-
quest of the Columbia network, the
Central Casting Bureau is furnishing
a 15-minute broadcast at noon to-
morrow for the purpose of explaining
the working of the organization over
a national network.
Hugh O'Connell Triples
Hollywood, Oct. 16. — Hugh O'Con-
nell is tripling at Universal City. He
has been assigned to work in "The
Good Fairy," "The Man Who Re-
claimed His Head" and "Strange
Wives," all in work at the present
time.
Normanly to New York
Hollywood, Oct. 16. — James P.
Normanly left for New York tonight
to attend the American Bankers'
Ass'n. convention in behalf of the
Bank of America.
Jack Cohn Sailing •
Jack Cohn, Columbia vice-president,
sails for Europe on the Aquitccnia
Friday night. The Gaumont British
party will be on the same boat.
MOTION PICTURE
DAILY
Looking 'Em Over
"Gridiron Flash"
(Radio)
By taking a hardboiled young convict out of a prison football team,
drafting him for a college eleven against his will, and then playing on
the conflicting emotions involved between his desire to get back to his
get-rich-quick crook friends and his unwillingness to desert a fight once
started, Radio has introduced a new and exciting slant into the annual
batch of gridiron films. "Gridiron Flash" has he-man appeal and con-
siderable love interest as well. Eddie Quillan gives a smart performance
as the youngster who is against the world in general until he finds a lot
of people like him and are depending upon him to pull them through
a tight spot. Betty Furness gives a convincing performance as the
daughter of the campus constable (Edgar Kennedy), who tries to hold
Quillan in college and brings him back when he has deserted on the eve
of the crucial game.
The football shots are well handled, and the comedy element is in-
jected deftly by Lucien Littlefield and Kennedy.
It's no epic, but it ought to make money where there are high school
and college audiences. Glenn Tryon did a good job of directing. Produc-
tion code seal No. 209. Running time, 63 minutes.
"The Last Gentleman," this morning's opener at the Rivoli, was reviewed
by wire from Hollywood on April 28.
"Age of Innocence," tomorrow morning's opened at the Radio City Music
Hall, was reviewed by wire from Hollywood on Aug. 25.
"Little Friend " Thursday night's preview at the Roxy, was reviewed on
Oct. 16.
8
"One Night,"
Show, Capital
Hit, $24,400
Washington, Oct. 16. — "One Night
of Love" was an outstanding hit here
last week. It piled up $24,400, over
par by $6,800. Don Bestor and his
orchestra and a vaudeville bill helped
out.
"Cleopatra" also showed strength,
getting $16,500, up by $2,000, at
Loew's Palace. "Belle of the Nine-
ties" was in the hit class again on an
extended run at the Metropolitan with
a take of $7,200. This is a new house
record on the present scale.
Total first run business was $82,200.
Average is $74,900.
Estimated takings, exclusive of tax,
for the week ending Oct. 11:
"ONE NIGHT OF LOVE" (Col.)
EARLE— (2,218), 25c-77c, 7 days. Stage:
Don Bestor & Orchestra; Cookie Bowers;
Rogers & Wynne; Paul & Nina Ghezzi.
Gross: $24,400. (Average, $17,600.)
"THE NOTORIOUS SOPHIE LANG"
(Para.)
LOEW'S COLUMBIA— (1,264), 25c-40c, 7
days. Gross: $2,800. (Average, $3,100.)
"OUTCAST LADY" (M-G-M)
LOEW'S FOX— (3,434), 25c-66c, 7 days.
Stage: Vaudeville premiere of Fokine Ballet.
Gross: $19,000. (Average, $20,500.)
"CLEOPATRA" (Para.)
LOEW'S PALACE— (2,370), 35c- 77c, 7
days. Gross: $16,500. (Average, $14,500.)
"BELLE OF THE NINETIES" (Para.)
METROPOLITAN — (1,591), 25c-40c, 7
days, extension of run. Gross: $7,200. (Av-
erage, $4,100.)
"WAKE UP AND DREAM" (Univ.)
RIALTO— (1,864), 25c-75c, 9 days. Gross:
$2,300. (Average, $3,700.)
"THE RICHEST GIRL IN THE WORLD"
(Radio)
RKO-KEITH'S— (1,836), 25c-55c, 7 days.
Gross: $10,000. (Average, $11,400.)
"Beautiful," Show
$6,000, Portland
Portland, Oct. 16. — Helped by foot-
ball crowds, a stage show and a bally-
hoo for the opening of the house,
"Young and Beautiful" piled up $6,000
at the Orpheum. This is $3,000 over
normal for the house.
"Barretts of Wimpole Street" stood
up in the face of the competition and
went $1,000 over normal for a take
of $6,000 at United Artists. "A Lost
Lady" and "Million Dollar Ransom"
succeeded in getting $5,200 at the
Broadway.
Total first run business was $26,000.
Average is $23,000.
Estimated takings for the week end-
ing Oct. 12 :
"A LOST LADY" (F. N.)
"MILLION DOLLAR RANSOM" (Univ.)
BROADWAY— (1,912), 25c-35c-40c, 7 days.
Gross: $5,200. (Average, $5,000)
"DOWN TO THEIR LAST YACHT"
(Radio)
HAMRICK'S MUSIC BOX— (2,000), 25c-
35c, 7 days. Gross: $2,000. (Average, $3,000)
"THEIR BIG MOMENT' (Radio)
"TAKE THE STAND"
HAMRICK'S ORIENTAL— (2,040), 25c, 7
days. Gross: $1,800. (Average, $2,000)
"YOUNG AND BEAUTIFUL" (Mascot)
HAMRICK'S NEW ORPHEUM— (1,700),
25c-35c-40c, 7 days. Stage show. Gross:
$6,000. (Average, $3,000)
"CHARLIE CHAN IN LONDON" (Para.)
PARAMOUNT— (3,008), 25c-35c-40c, 7
days. Stage show. Gross: $5,000. (Average,
$5,000)
"BARRETTS OF WIMPOLE STREET'
(M-G-M)
UNITED ARTISTS— (945), 25c-35c-40c,
2nd week, 7 days. Gross: $6,000. (Average,
$5,000)
Heat, Sports
Bump Coast's
Grosses Hard
Los . Angeles, Oct. 16— Continued
heat, football and" the World's Series
scores knocked box-offices flat last
week. The Paramount dropped "The
Lemon Drop Kid" after five days to
make room for "Mrs. Wiggs of the
Cabbage Patch." The take was $14,-
837, which is pretty weak.
"Desirable" failed to make an im-
pression at either the Warners' Down-
town or the Hollywood.
Total first run business was $48,-
187. Average is $69,200.
Estimated takings for the week end-
ing Oct." 10:
"CARAVAN" (Fox)
L05W: STATE— (2,413), 30c-55c, 7 days.
Gross' $19,750. (Average, $14,000.)
"THE LEMON DROP KID" (Paara.)
Paramount— (3,595), 30c-55c, 5 days.
Stage: Rube Wolfe and his orchestra. F.
& M. revue. Gross: $14,837. (Average,
$18,000.)
"DESIRABLE" (Warners)
RKO— (2,700), 25c-65c, 6 days. Gross:
$4,000. (Average, $8,000.)
"DESIRABLE" (Warners)
WARNER BROS. (HOLLYWOOD)— (3,-
000), 25c-65c. 6 days. Gross: $7,300. (Av-
erage, $14,000.
"KANSAS CITY PRINCESS" (Warners)
"NAME THE WOMAN" (Col.)
WARNER BROS. (DOWNTOWN— (3,-
400). 25c-40c, 6 days. Gross: $7,100. (Av-
age, $12,000.)
"A GIRL OF THE LIMBERLOST"
(Monogram)
PANTAGES— (3,000), 25c-40c, 7 days.
Gross: $4,200. (Average, $3,200.)
IATSE Head Is in L. A.
Los Angeles, Oct. 16. — George
Browne, I.A.T.S.E. head, arrived to-
day from San Francisco, where he at-
tended the A. F. of L. convention.
He will remain two weeks to rest and
to study the studio situation as it
affects the I.A.T.S.E.
"Du Barry" Is
$32,000 Lead
As Hub Gains
Boston, Oct. 16. — In a week of gen-
eral gains "Madame Du Barry" ran
awav with the big money here with
$32,000 at the Metropolitan. This is
$4,000 over average.
"Wake Up and Dream" garnered a
fine $18,000 at the Boston, over the
line by $2,000. "Big Hearted Herbert"
was $1,500 up at $10,500 in the Fen-
way-
"The Count of Monte Cristo" was
good for $17,000 in its fourth week at
Keith's. This is the first time in sev-
eral years that a picture has been held
that long at this house.
Total first run business was $106,-
000. Average is $94,000.
Estimated takings for the week end-
ing Oct. 11 :
'WAKE UP AND DREAM" (Univ.)
BOSTON— (2,900), 25c-50c, 7 days. Vaude.
Gross: $18,000. (Average, $16,000.)
"BELLE OF THE NINETIES" (Para.)
"BIG HEARTED HERBERT" (Warners)
FENWAY— (1,800). 30c-50c, 7 days. Gross:
$10,500. (Average, $9,000.)
"COUNT OF MONTE CRISTO" (U. A.)
KEITH'S— (3,500), 30c-65c, 7 days, 4th
week. Gross: $17,000. (Average, $16,000.)
"OUTCAST LADY" (M-G-M)
"HAVE A HEART" (M-G-M)
LOEW'S STATE— (3,700), 35c-50c, 7 days.
Gross: $17,500. (Average, $16,000.)
"MADAME DU BARRY" (Warners)
METROPOLITAN — (4,350), 30c-65c, 7
days. Ted Lewis and Band. Gross: $32,000.
(Average, $28,000.)
"BELLE OF THE NINETIES" (Para.)
"BIG HEARTED HERBERT' (Warners)
PARAMOUNT— (1,800), 30c-50c, 7 days.
Gross: $11,000. (Average, $9,000.).
Postpone Frisco Benefit
San Francisco, Oct. 16. — The Sam
Harris testimonial benefit show has
been postponed from Oct. 25 to a date
to be announced later.
J
Wednesday, October 17, 1934 1
"Priest" and
"Street" Top ]
Twin Cities
Minneapolis, Oct. 16. — "The Bar- '1
retts of Wimpole Street" and "Judge -]
Priest" were the two outstanding at- j
tractions of the week in the Twin j
Cities. The former took percentage j
honors with a gross of $6,000, up by j
$2,000, at the Century here, and the j
latter went $1,000 over normal on a ]
gross of $6,500 at the State-
"There's Always Tomorrow" made
a fine showing with $3,000 at the j
World here and $5,000 at the St. Paul J
Orpheum. "The Defense Rests" took 1
§6,500 at the Minneapolis Orpheum.
Total first run business in Minne- 1
apolis was $25,500. Average is $21,- j
000. Total for St. Paul was $18,500. 1
Average is $16,000.
Estimated takings :
Minneapolis :
Week Ending Oct. 11:
"THE BARRETTS OF WIMPOLE
STREET' (M-G-M)
CENTURY— (1,000), 35c-55c, 7 days:
Gross: $6,000. (Average, $4,000.)
"DEATH ON THE DIAMOND" (M-G-M)
LYRIC— (1,000), 20c-25c, 7 days. Gross:
$1,500. (Average, $1,500.)
Week Ending Oct. 12:
"THE DEFENSE RESTS" (Col.)
RKO ORPHEUM— (2,900), 25c-50c, 7 days, j
Amos and Andy in person. Gross: $6,000. fl
(Average, $5,500.)
"JUDGE PRIEST" (Fox)
STATE— (2,300), 25c-40c, 7 days. Gross:
$6,500. (Average, $5,500.)
"YOUNG AND BEAUTIFUL" (Mascot)
TIME— (300), 25c-35c, 7 days. Gross: j
$2,500. (Average, $2,500.)
"THERE'S ALWAYS TOMORROW"
(Univ.)
WORLD— (400), 25c-75c, 7 days. Gross: i
$3,000. (Average, $2,500.)
St. Paul:
Week Ending Oct. 11:
"THE LAST GENTLEMAN" (U. A.)
PARAMOUNT— (2,300), 25c-40c, 7 days. 1
Gross: $5,800. (Average, $5,500.)
"BULLDOG DRUMMOND STRIKES
BACK" (U. A.)
RIVIERA— (1,200), 25c-40c, 7 days. Gross: I
$3,700. (Average, $3,500.)
"THERE'S ALWAYS TOMORROW" 1
(Univ.)
RKO ORPHEUM— (2.000). 20c-40c, 7 days.
Gross: $5,000. (Average, $4,000.)
"KANSAS CITY PRINCESS" (Warners)
TOWER— (1.000), 15c-25c, 7 days. Gross:
$1,500. (Average, $1,500.)
"HEART SONG" (Fox)
WORLD— (300), 25c-75c, 7 days. Gross: i
$2,500. (Average, $2,000.)
Grainger Sees Upturn
Hollywood, Oct. 16. — James R.
Grainger, Universal sales head, on
his arrival here yesterday, said facts
at his command indicated business is
improving throughout the nation. He
will remain two weeks consulting
with studio executives and lining up
product to be released after Feb. 1.
Fred Kolmar Is Coming \
Hollywood, Oct. 16. — Fred Kolmar.
Samuel Goldwyn's production assist- j
ant, was eastbound tonight. He will j
be in New York four months, during
which he will make preparations for I
Eddie Cantor's next film.
Breen Reported on Way
Hollywood, Oct. 16. — Joseph I. I
Breen is reported on his way east for I
a Hays meeting, understood to be set I
for Friday.
Picture
Industry
MOTION PICTURE
DAILY
Alert,
Intelligent
■Faith HH
lirvillfjtr
the Industry
in All
Branches
VOL. 36. NO. 92
NEW YORK, THURSDAY, OCTOBER 18, 1934
TEN CENTS
NRA Approves
New Code Cost
Plan Details
All Three of Industry
Branches Included
Washington. Oct. 17. — Assess-
ment schedules for producers, distrib-
utors and exhibitors were given ap-
proval of the NRA today, as exclus-
ively indicated by Motion Picture
Daily today. The producer-distribu-
tor plan is based on a yearly levy
while the exhibitor levy is for the
second half year. Deputy Adminis-
trator William P. Farnsworth, in
making the announcement, added that
any objections may be filed with him
up to Oct. 30 when, unless substantial
opposition has been expressed, they
will become effective.
It was said, however, that both
schedules have received the approval
of all interests and it is not antici-
(Continued on page 11)
Dent in Salt Lake
As Famous Partner
Louis L. Dent takes over the Pub-
lix-Salt Lake circuit of 13 houses on
a short term partnership operating
contract with Famous Theatres, Para-
mount subsidiary, as of Oct. 15,
Y. Frank Freeman, head of Famous,
said yesterday. The contract runs to
June 27, 1935.
Publix-Salt Lake was formerly
operated by Louis Marcus for Famous,
which exercised its right to cancel on
the expiration of the partnership con-
tract several months ago. Since that
time Marcus has continued in charge
of the circuit unofficially.
Civic Groups Deny
M. P. Council Aid
Twenty-two of the civic organiza-
tions of the 35 represented at a recent
conference called by the M. P. Re-
search Council deny they are com-
mitted to the "new" program of the
council. Nineteen of them emphat-
ically question the propriety of a pub-
licity release sent out by Herbert S.
(Continued on page 8)
Product Contracts
Await Kent Return
Signing contracts in the local prod-
uct situation affecting Skouras,
Loew's, RKO and Randforce is being
(Continued on page 8)
Fox Files Patent Suits
Against Five Companies
Insiders' Outlook
. . . Two Pieces in a Jig-Saw Puzzle
SERIOUS, but not critical.
Four words, but they tell as
much as can be told of what
races through the minds of the
men who should know their oats
in Erpi and in Erpi's licensed
companies, which means most of
the large producing, distributing
and exhibiting corporations, on
the American Tri-Ergon patent
situation. The rest of the story
is interesting, but not conclusive
because its component parts are
made up of points and issues, yet
in doubt, but to be determined in
days and months, perhaps, in
years, to come. . . .
T
Overlooked at large is the fact
that the United States Supreme
Court did not pass on the validity
of the flywheel and double print-
ting patents. It merely refused
to review the findings of a lower
United States Court of Appeals.
What that may imply when the
issue is carried further is merely
one of the angles that have pre-
cipitated so many and so wild
stories in the canyons leading off
Times Square. Doubted in some
quarters, but even if proven cor-
rect that the Supreme Court's
action establishes the ownership
of the patents which are con-
trolled by William Fox through a
90 per cent stock ownership of
American Tri-Ergon, the story
may be regarded as beginning,
not ending, with that. . . .
T
For instance, there is specula-
tion over exactly how valuable
or indispensable these patents
will prove to be. To some indus-
try observers, their value may be
no more than the value placed
upon them by Erpi and RCA
Photophone. The possibility is
anything but remote that the fly-
wheel patent, which is held to be
more important in Photophone
equipment than in Western Elec-
tee's, may be substituted for a
gadget, non-infringing and geared
to do the same work, but called
something else. The lawsuits in
Pennsylvania being anything but
new, there is the opinion ad-
vanced, too, that the efficient Bell
Telephone Laboratories, A. T.
and T. -controlled, have been
awake to the possible ultimate
consequences and so have been
digging into their well-filled bag
of scientific tricks for an ade-
quate replacement. . . .
In one direction, the activity
of the Bell Labs is reported to
have been crowned with satis-
factory results. Elsewhere, this
is discounted while, at the same
time, admission is made the job
is and has been rating serious
consideration without benefit of
publicity fanfare or a tip on re-
sults. If this endeavor is crowned
with success, the possibility —
only that — is that the flywheel
patent may be met by the simple
and well known expedient of
beating around the bush. If
speculation, therefore, may be
permitted to dispose of this end
of the case, what about double
printing? An answer is advanced
for this, too. It is known as the
hill and dale method of recording
which, in the opinion of some
sound engineers, is a consider-
able improvement over the old
lateral cut disc system. There
are those who lean in speculative
mood on the conjecture that hill
and dale might be employed for
original recording and subse-
quently re-recorded on film from
discs without turning to the dou-
ble film printing method, thereby
avoiding infringing of the Tri-
(Continued on page 11)
(U," M-G-M, Columbia,
Consolidated, First
Division Named
William Fox's American Tri-Ergon
Corp. moved yesterday to enjoin
M-G-M, Universal, Columbia, First
Division and Consolidated Film In-
dustries from further use of the double
print and flywheel patents, instituting
all five actions in the U. S. District
Court here.
In addition to the injunctions sought
against the five companies, Tri-Ergon
asks the usual accounting of profits
and damages. The actions are re-
garded as Fox's first step toward ap-
plication of the U. S. Supreme Court's
recent recognition of the validity of
the Tri-Ergon patents and the key to
his future policy and program of ac-
tion.
Speculation as to why only five
companies were named in the actions
filed yesterday went unanswered at
the law offices of Ward, Crosby and
(Continued on page 11)
Expect Bond Group
To Revamp Fox Met
That the bondholders' committee of
Fox Metropolitan Playhouses will
proceed with its own reorganization of
the circuit following its rejection of
the Hayden, Stone & Co. bid for the
circuit's assets was indicated as a
probability by members of the com-
mittee yesterday.
The committee's reorganization
plan will be dependent upon the ac-
ceptance by Skouras and Randforce
of new short term operating contracts,
probably of two years' duration, in
(Continued on page 10)
BIP-Gaumont Deal
Dead, Says Myers
"If the B.I.P.-Gaumont British
deal was ever begun it's finished now,"
said Maurice Myers, London stock
broker banker, and reported to be
(Continued on page 8)
Movietone Plane in
Crash; One Drowned
One man was lost and four
others were rescued yesterday when
a Sikorsky plane crashed and sank
(Continued on page 10)
MOTION PtCTUftB
DAILY
Thund.y, Octob.r II, 1934
MOTION PICTURE
DAILY
(Registered U. S. Patent Office)
Vol. 36
October 18, 1934
No. 92
Martin Quigley
Editor-in-Chief and Publisher
MAURICE KANN
Editor
JAMES A. CRON
Advertising Manager
1
Published daily except Sunday and holi-
days by Motion Picture Daily, Inc., sub-
sidiary of Quigley Publications, Inc.,
Martin Quigley, President; Colvin Brown,
Vice-President and Treasurer.
Publication Office: 1790 Broadway, New
York. Telephone Circle 7-3100. Cable ad-
dress "Quigpubco, New York." All con-
tents copyrighted 1934 by Motion Picture
Daily, Inc. Address all correspondence to
the New York Office. Other Quigley pub-
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Entered as second class matter, January
4 1926, at the Post Office at New York
City, N. Y., under Act of March 3, 1879.
Subscription rates per year; $6 in the
Americas, except Canada $15 and foreign
$12. Single copies: 10 cents.
Dedicate Jewish Center
Los Angeles, Oct. 17. — The official
dedication of the new Jewish Com-
munity Center has been completed here
and the Gerald D. and Lilabelle Steb-
bins Playground has been formally
turned over to the Jewish Center
Assn. by Arthur Stebbins.
The Center building itself was
opened early this summer, but formal
opening awaited its complete furnish-
ing. . .
Rabbi Jacob Kohn of Temple Sinai
was the principal speaker at the ser-
vices, which were held Sunday night.
Rabbi Maxwell H. Dubin of the Wil-
shire Boulevard Congregation also
spoke, as did Marco R. Newmark,
president of the Federation of Jewish
Welfare Organizations.
H. N. Swanson on Coast
Hollywood, Oct. 17. — H. N. Swan-
son, former production executive for
Radio, has arrived here from New
York as representative of an Eastern
literary agency.
Swanson, who was once editor of
College Humor, brought 75 stories
with him and will immediately set up
offices in Hollywood.
DeSylva to Do "Colonel"
Hollywood, Oct. 17. — Buddy De-
Sylva's first picture on a new long
term producing contract with Fox
will be "Little Colonel," one of a
series. The film will star Shirley
Temple. David Butler is set for the
directional post.
Court Ends Sale of
Photocolor Shares
Sale of securities of the Photocolor
Corp. and Photocolor Pictures has
been halted by an order signed by
Justice Salvatore A. Cotillo in Supreme
Court here.
Besides the two firms the order
names the following as defendants :
Frank E. Nemec, president of Photo-
color Corp. ; John A. Bolles, of 522
5th Ave. ; Henry A. Tupper, of Bronx -
ville, N. Y. ; C. Dayton Brown, of
West Englewood, N. J. ; Arthur Wad-
dingham, of Dobbs Ferry, N. Y. ;
Frederick J. Lind, of 70 Pine St.;
William H. Odell, Jr., of 521 5th Ave. ;
Harold D. Kitchell, of Kenmore, N. Y.,
and Godfrey H. Cheston, of Buffalo.
The defendants were ordered to
show cause next Tuesday why the in-
junction should not be continued and
why a temporary receiver should not
be named for the companies.
The order was obtained by Bertha
Schwartz, assistant attorney general,
who charged that the Photocolor Corp.
has claims and judgments totaling
$160,000 against it, while its studio at
Irvington-on-Hudson, N. Y., has
against it first mortgage gold bonds
in default amounting to $388,600.
Set Broadcast Series
Warners have closed a deal for a
series of broadcasts on an advertising
hour from 3 to 3 :30 o'clock every
Sunday over a NBC hookup. The
broadcasts will be in the form of
sketches called "Sally of the Talkies"
and will detail the adventures in the
Warner studios of a girl winner of a
beauty contest.
Sets Deal on "Gay Love"
Empire Films, Ltd., has closed
with Sam W. Smith of British Lion
to distribute "Gay Love" with Sophie
Tucker in Canada. An American dis-
tribution deal will be set tomorrow
before Smith sails for London.
Radio Lineup to Kincey
A deal has been closed with the H.
F. Kincey circuit for the entire 1934-35
Radio lineup. Twenty-two theatres in
the Carolinas and Virginia are in-
volved.
Hint at Production
In Canada for G-B
Toronto, Oct. 17.— Following the
visit to Toronto of Jack Hulbert,
British film comedian, and Michael
Balcon, production director of Gau-
rr.ont British, intimation has been
made by N. L. Nathanson, president
of Famous Players Canadian Corp.,
that Canada was under survey as a
future production field by Gaumont.
The hint was also dropped by Balcon
during his stay here.
Michael Balcon, when asked to com-
ment on Nathanson's statement, said
yesterday that his company was con-
sidering a picture with a Canadian
background and starring Jack Hulbert.
In that case, he continued, the outdoor
shots would be filmed in Canada, but
all the other work would be done in
the company's studios in England.
"Aran" Opens Tonight
"Man of Aran," directed by Robert
Flaherty for Gaumont British, will
open tonight at the Criterion. The
film was made on a barren island off
the Irish coast with a native cast.
Among those invited for the open-
ing are : Leo Macaulay, Sir Gerald
Campbell, British consul general, and
Lady Campbell ; Dr. Antonio Gros-
sardi, Sylvester Sabatino, Miriam
Hopkins, Eddie Cantor, O. O. Mc-
Intyre, Ernst Lubitsch, George P.
Putnam, Arnold Genthe, Arthur Hays
Sulzburger, Regis Toomey, Harry
Hershfield, Jack Lait and William
O'Dwyer.
Present Mussolini Cup
Antonio Grossardi, Italian consul
general, last night presented the
Mussolini cup recently awarded for
"Man of Aran" to Mark Ostrer, chair-
man of the board of Gaumont British,
and to Robert Flaherty, director. The
presentation was made at the Ritz
Carlton following a preview and din-
ner given for the benefit of the
Architects' Emergency Committee.
Sherman Quits Mascot
Al Sherman, director of publicity
and advertising for Mascot Pictures,
has resigned his post, effective Nov. 1
and will leave early in November for
London.
Loew's Pfd. Soars 4 on Big Board
Net
Columbia Pictures, vtc
Consolidated Film Industries
Consolidated Film Industries,
Eastman Kodak
pfd.
Fox Film "A"
Loew's, Inc
Loew's, Inc., pfd
Paramount Publix, cts.
Pathe Exchange
Pathe Exchange "A"..
High
Low
Close
Change
Sales
3954
38J4
3854
- 54
1,300
3%
354
3%
400
15%
1554
1554
-%
1,200
10454
10354
10354
- 54
600
1405i
14054
13%
14054
3,000
14
13%
+ 54
2,300
31%
31
3154
9,600
97J4
97%
9754
+4
100
4%
4%
4%
-%
7,300
154
154
m
- %
2,100
15
1454
1454
+ 54
1,700
254
254
254
1,300
554
S
SVs
2,100
Technicolor Rises Eighth on Curb
Net
High Low Close Change
Sentry Safety Control 54 % %
Technicolor 13% 13% 1354 + %
Trans Lux 1% 1% 1%
Paramount Broadway Bonds Up 2
High Low
General Theatre Equipment 6s '40 754 7
Keith B. F. 6s '46 615/6 61%
Loew's 6s '41, ww deb rights 103 10254
Paramount Broadway 554s '51 42 4154
Paramount F. L. 6s '47 59% 58%
Paramount Publix 554s '50 59% 59
Pathe 7s '37, ww 995* 99
Warner Bros. 6s '39, wd 61 60
Close
7
61%
10254
42
5954
59%
995*
60%
Net
Change
-54
-%
-%
+2
- 54
- %
+ %
-%
Sales
100
2,600
100
Sales
12
1
12
< Purely
Personal ►
ANNE JOHNSTON, 16-year-okl|
high school girl of Jackson
Heights, leaves for the coast this!
week to go to work for Monogram.
She was winner of the Monogram-
Agfa-Ansco beauty contest
Mark Ostrer, Jeffrey Bernerd,
Michael Balcon, Gaumont British
executives, and Nova Pilbeam andi
Jack Hulbert, G-B players, return to
England tomorrow aboard the Aqui-
tania.
Helen O'Donnell, secretary to
Bob Sisk, is visiting her family in
Cleveland and returns here in about
two weeks prior to transferring to
the new Sisk office at the Radio studio.
Bette Davis and her husband,
Harmon Nelson, have left Holly-
wood for Boston by auto. They in-
tend to visit Nelson's relatives.
Jeffrey Bernerd gave an informal
luncheon for trade paper representa-
tives in his tower apartment at the
Waldorf yesterday.
Harry Goetz is slated for a Cana-
dian Radio Commission broadcast to-
morrow night on "The Count of
Monte Cristo."
Ad Schulberg has changed her
mind about going to Europe and is
spending the rest of her vacation in
town.
M. A. Lightman of Memphis on
the calling list at Frank Freeman's
office at Paramount yesterday.
Al Thomas has just completed the
first of a series of two-reelers called
"Here We Go Again."
Marion Davtes, who has been
spending 10 days here following her
European trip, has left for the coast.
Barbara Stanwyck will be guest
star on the Rudy Vallee radio hour
over the NBC network tonight.
Kay Fran cts will leave for the
coast tomorrow. She returned a few
days ago from Europe.
Charles Tobias, song writer, has
been signed by the Small-Landau
agency.
Bebe Daniels and hubby Ben Lyon
are at the Lombardy from the coast.
Brings New Color Shorts
First four prints of the new
"Musical Moods" series in the three-
color Technicolor process have been
brought to New York by Robert C.
Bruce. Fourteen more are to be made.
The completed subjects are: "Irish
Melody," "Italian Caprice," "Medit-
erranean Songs" and "Barcarolle."
First Division Exchanges are handling
distribution.
George Kann to Pioneer
Hollywood, Oct. 17. — George
Kann, former unit manager for
M-G-M, has joined Pioneer Prod, as
business production manager. Pioneer
is headed by Jock Whitney and dis-
tributes through Radio.
To Show Cantor Film
United Artists will give Eddie Can-
tor's "Kid Millions" a trade showing
at the Astor on Tuesday morning.
HERE Y'ARE, FOLKS!
GET YOUR WINNING COLORS
IN COMEDY- FROM WARNER BROS.
JOE E.
J 1 L \
6 DAY BIKE RIDER
Backed by $100,000 Quaker Oats tie-up and already a mop-
up in its first dates, including "a new high for the season"
at Indianapolis Lyric!. . .Just one of the Warner laugh list
that includes "Happiness Ahead," "Madame Du Barry/' "Big
Hearted Herbert," "Kansas City Princess," "I Sell Anything."
BEN
BLUE
VITAPHONE SHORTS
See any one of his hilarious "Big V" series for proof that
Vitaphone leads in comedy . See Vitaphone
when you want the cream of comedy names, including
Leon Errol, El Brendel, Shemp Howard, Roscoe Ates,
Allen Jenkins, Daphne Pollard, Easy Aces, Georgie Price.
oing
I DOW
WALTZ!
(To Your Box-Office!)
3 ***
METRO GOLDWYN MAYER mimmts
WIDOW
?',:>■ Bib*-;" *4 * * ^
It wasn't Election Night on Broadway! It was the
brilliant World Premiere of the new $2 Astor hit!
THE CRITICS WALTZED
to their typewriters and sang:
**** (Four Stars). A new "MERRY WIDOW"
emerges at the Astor. Ernst Lubitsch has devised
something delightfully fresh and thoroughly en-
tertaining. —Kate Cameron. Daily News
Debonair and witty photoplay that reveals the
master of cinema high comedy in his brightest
mood. The incomparable Lubitsch proves once
more his vast skill at genuine cinema wit. A
thousand of those superb "Lubitsch touches".
You will probably be picking your favorite ones
for yourself.
— Richard Watts, Jr., Herald-Tribune
"MERRY WIDOW" opened at super-gala pre-
miere with huge crowds jamming sidewalks.
Lubitsch comedy deftly put over.
— Rose Pe/swt'dc, Eve. Journal
Witty and incandescent in the excellent Lubitsch
manner, heady as the foam on champagne, fragile
as mist and delicately gay. Ensemble numbers
are breath-taking. Mr. Chevalier has never been
better in voice nor charm. Miss MacDonald — a
captivating personality and a lyric voice. The
Winter season has been royally crowned.
— Andre Sennu/ald, Times
Audience applauded each song, each actor. All
the lovely Franz Lehar score is there, sung
delightfully. Romantic music, lilting gracious
waltzes that live on in memory .There are enough
laughs to keep an audience giggling most of the
t'me- — Eileen Creelman, Sun
Gaily abandoned ! A grand show. It makes the
original seem stodgy. A "MERRY WIDOW"
which we are sure is the merriest of them all.
— Martin Dickstein, B'fclyn Eagle
The exquisite, haunting melodies stir to thrill-
ing, sparkling life. Lubitsch triumph glows in all
its glory. A delight alike for eye and ear and
heart and soul. Lubitsch's sly, chuckling humor
is pointed with impish precision. Film leaves
audience bemused by its beauty, thrilling to its
songs. Truly Metro's masterpiece.
— Regtna Crewe, N.Y. American
Nothing but the touch of Lubitsch could trans-
mute the love pulsations of Count Danilo and
the beauteous Sonia into the wickedly irreverent
spasms which pour forth. Continuously stimu-
lating. An utterly enchanting picture.
— Thornton Delehanty, Post
LK UP ANOTHER *2 HIT FOR M-G-M!
WHAT YOUR PROC
I
Thrilling over a million readers of the Literary
Digest weekly — now thrilling millions more
on the screen!
THE SPICE
OF LIFE
The week's best jokes, gags, wisecracks and
humor, carefully edited and presented in a
manner that will get roars from any audiencel
Produced by Mentone Productions, Inc.
SCREEN SNAPSHOTS
3 ik ^ — Liberty Magazine
Here are the first 3 uproarious and riotous
2-reelers of Columbia's 26 for 1934-35!
BLACK
with the Three Stooges! Good for a million laughs!
"Goofy laughs . . . broad laughs. Based on the goofy motif."
FILM DAILY
S THE C
with Andy Clyde! Funniest short he's made!
"Really funny." FILM DAILY
Hwith Harry Langc
will hav
with Harry Langdon. The famous Langdon pan
will have them in the aisles!
t <t mnrlp I
SCRAPPY • KRAZY KAT • WORLD OF SPORTS • SCREE
C O L U MB I A
MUSICAL AMERICA for October 10, 1934
reisler Concert Inaugurates
Boston Symphony Hall Season
rchestra Under Koussevitzky,
Delays First Pair Until Oct.
12, 13 — Notable Revivals
Planned — Formulate Resident
Opera Plans — "Musical
Movies" Are Educational Ex-
periment
• OSTON, Oct. 5.— Residents of Bos-
I* ton have long been accustomed to
e formal opening of the winter season
■ the Boston Symphony Orchestra,
his year, however, Dr. Koussevitzky
delaying the first pair of concerts
ltd Oct. 12-13. Thus it fell to Fritz
reisler to inaugurate the 1934-35
tivities at Symphony Hall on Oct. 7.
Mr. Kreisler played Handel's Sonata
A major, the Partita in B minor of
ich and Mozart's Concerto No. 3, in
major. A few technical annoyances
at crept into the performance were
erwhelmed in the superb artistry of
terpretation. The latter half of the
ogram was composed of a Suite from
i music to Much Ado About Nothing.
Erich Korngold, two Slavonic
mces of Dvorak, arranged by Kreis-
', and the intense Spanish Dance from
i Vida Breve by Manuel de Falla.
irl Lamson accompanied.
An attractive list of works is sched-
:d for the symphony, among them
iie notable revivals. The Damnation
Faust by Berlioz, Act III from Mous-
■gsky's Khovantchina (postponed
>m last year), Bach's St. John's Pas-
m and Mass in B Minor, Handel's
lomon and notable scenes in concert
m from Wagner's Tristan and Isolde
1 Siegfried are up for performance,
i the roster of soloists one finds the
ne of Paul Wittenstein, the one-
ned pianist who makes his Boston
)ut this year and for whom Maurice
vel wrote a concerto which Mr. Wit-
stein will give its Boston premiere,
her debutants will be Viola Mitchell,
linist, and Gertrude Kappel of the
tropolitan Opera. Elsa Alsen, Olga
erino, Beata Malkin, Margaret Mat-
iauer and Myra Hess will return this
r, as will Paul Althouse, Walter
seking, Jascha Heifetz, Albert Spald-
and Gregor Piatigorsky. Filip
^ar, composer-pianist, will be heard
h the orchestra in a new work of his
n. Guest conductors during the mid-
son holiday customarily taken by Dr.
ussevitzky will be Igor Stravinsky,
o ^returns to Boston after several
rs' absence, and Adrian Boult, the
anguished conductor of the B. B. C.
orchestra of London, who visits us for
the first time.
Martino to Direct Opera
According to the latest information
available, plans are rapidly going for-
ward for the establishment of a resident
opera company here in Boston, under
the direction of Raffaele Martino, well
known hereabouts as the conductor of
the 18th Century Symphony Orchestra.
Aido Franchetti has been appointed
conductor and a portion of the reper-
toire includes Paul Allen's Last of the
Mohicans, Boito's Mefistofele and II
Filosofo di Campagne none of which are
familiar to Boston.
The usual stir is noticed in studios,
music schools and conservatories. En-
rollment appears to be satisfactory and
although the pre-depression level has
not yet been regained, the outlook is
hopeful. The directors of the Malkin
Conservatory are announcing that Moses
Smith, music critic of the Boston Tran-
script, will give a course in score read-
ing for amateurs and music lovers with
no great amount of technical knowledge
and the New England Conservatory of
Music again places emphasis upon the
value of the orchestral training offered
its students under its director, Wallace
Goodrich.
Educational Novelty
By far the most interesting educa-
tional experiment launched in Boston in
some time, however, is the series of
Musical Movies to be presented at the
Exeter Street Theatre during October
by Eleanor Brigham. The idea is
entirely original with Miss Brigham,
who is eminently fitted to undertake this
bit of musical pioneering. She is the
author of several successful books and
the founder of the Pianoforte Teacher's
Society of Boston.
Musical Movies will cover a wide
field, as is evidenced by the sub-titles
such as Lives of Musicians, The Instru-
ments of the Orchestra, Jack and Jill in
Songland, Acoustics, Sound Waves,
Opera Stories and others. Miss Brig-
ham has selected the best to be obtained
in musical literature and the instru-
mental portions of the picture programs
will be illustrated by each instrument of
the orchestra in turn and by the com-
plete orchestra as a unit. Dance music
of intrinsic worth will be danced and
for the "opera" movie, Miss Brigham
has arranged that singers from the
Metropolitan Opera shall present two
scenes from an opera. The generous
response to this idea should be indicative
of the success of the venture. It is only
WALTER GOLDE
Teacher of Singing
Coach in Repertoire Program Building
Studio: Steinway Building, 113 W. 57th St., New York
'Phone: Circle 7-2433
too apparent that makers of films, to-
gether with proprietors of movie theatres
are more than willing to co-operate in
presenting the better type of film pro-
gram if the support of the public can be
secured.
Grace May Stutsman
{ Cosmopolitan Opera
Opens N. Y. Season I
(Continued from page 3)
The cast of Carmen included Coe
Glade in the name-part, Jana Nigrey, an
American soprano, making her first
New York appearance as Micaela, and
Armand Tokatyan, formerly of the Met-
ropolitan, as Don Jose. Carl Schiffeler
sang Escamillo and the remainder of the
cast included Thelma Votipka, Georgia
Standing, Albert Mahler, Paul Dufos,
Amund Sjovik and Pietro Bussy.
Michel Steiman, from the Paris Opera-
Maunce Seymour
Coe Glade, Applauded for Her Carmen in
the Cosmopolitan Opera's First Performance
Comique, who came to this country es-
pecially to conduct in Mr. Rabinoff's
organization, led the performance, and
Dr. Ernest Lert, formerly of the Met-
ropolitan, was stage director. The solo
dancers in the ballet in the final scene
were Joyce Coles and Nicholas Daks.
Miss Glade repeated her atmospheric
and vocally fine performance of the
Merrimee-Bizet heroine heard here un-
der other auspices. It was a very sat-
isfactory Carmen from most points
of view and won her well-deserved ap-
plause. Miss Nigrey displayed an ex-
cellent voice and did creditable work in
her duet with Jose in the first act and
her aria in the third. Mr. Schiffeler's
Toreador Song was sung stirringly and
brought quick response from the audi-
ence. The remaining roles were credit-
ably filled. Mr. Steiman held his forces
well in hand and in the overture and the
two beautiful entre-acts, conducted with
excellent effect, though occasionally his
beat was metronomic rather than inter-
pretative and an ambitious tympanist
displayed a tendency to get out of hand.
The volume and tone of the orchestra
was excellent and the chorus, in which
many of the Metropolitan choristers
were recognized, sang with effusion.
Mr. Lert's stage-manaj
trifle unquiet in spots,
the side of the unstereoty
eral tone of the perform
was a gratifying one.
Moussorgy's Boris G
sung in Russian on the e
9, with Max Panteleiff
part, Ivan Ivantzoff as Ej
wina Eustis as Marina,
cast were Vladimir ij
Tcherkassky, Ivan Velil
Romakoff, Lydia Korei
Shvetz, Joseph Kallini
Hawkins, Elena Shvec
Fedora, Florent Stonisl
Beiostotzky and Stefan
Mr. Steiman conducted. 1
Russian performances to
announced as under the j
the Art of Musical Russia
Operas announced for
of the week were Lohengr
La Boheme and Aida in
repetitions of Boris G<
Boheme and Carmen.
Besides Mr. Rabinoff, th
the organization include
King as chairman of the
garet Anglin, Frank Pee
man Bernstein, Dr. A. A. Ij
Chandler Christy, Mrs. I
Dr. John Lovejoy Elliott,
Esberg, Dr. Milton J. Fe
William J. Finn, Mrs. Feli;
Gabrilowitsch, Dr. George
Leopold Godowsky, Mrs.
water, Dorothy Gordon, Ir
mann, Rita Hocheimer, Ire:
Isabel Lowden, Mrs. W.
land, Judge Julian W.
Macrae, Dudley Field IV
Harold V. Milligan, Loui:
Dr. Frederick B. Robin:
Rosoff, George L. Schein, j
Spaeth, Mrs. Lionel Su
Thomas and George E. W
instruction
for
cftS
Members of Cosmopolitan <
Give Pre-season Co
A special pre-season cone
en for the members of the (
Opera Association, Max Ra
aging director, at the Hip
Sept. 21. Beginning witl
two violins played by Mai
ginia Drane, the program j
a display of the talents of v,
bers of the Cosmopolitan Oj
personnel.
Rosemarie Brancato woi
applause for her Mad Scene
and Caro Nome. Anne j
warmly received in arias fro
and Manon Lescaut as was
leieff in an aria from Prim
Moussorgsky's The Flea,
from Rigoletto was sung
Brancato, Dorothy Bacon, J
and Millo Picco. The sextet
sung by Miss Brancato, IV
Mr. Dunbar, L. Oliviero,
and Guido Guidi concluded tl
During the intermission, a
headed bv Louis S. Posner,
ing Dr. Sigmund Spaeth, Dr.
Gartlan, and Ira A. Hirsch
lined plans for the Cosmopol
and invited additional memb
was announced that Dr. Spa
fer a course of six explanatc
open to members of the ass
conjunction with the six ot
presented.
Pianist - Compo
Steinway Hall Stu<^
MUSICAL AMERICA for October 10, 1934
)NCS Top Usual Fervor at London
By Basil Maine
ieason Under Sir
ood Received with
g Enthusiasm — Min-
lpervia, Davies and
Lre Soloists — Delius,
1 Elgar Represented
lical and Popular
Oct. 1. — Once more the
Promenade Season must
Queen's Hall Proms — the
0 inverted commas : it is
used here by all — are a
tion. The first night of
ne of the great events in
music-lover's calendar.
opening night (Aug. 11)
Dre enthusiastic occasion
Tiis might have been the
the first instead of the
n.
:orty years old, this insti-
ill that time Sir Henry
Dnality has been its life,
iers of the several depart-
orchestra had been given
: ovations, Sir Henry was
a great climax of cheers,
ssed many of these occa-
> one so impressed me that
message to readers of
ierica there and then in
posted it during the inter-
; proper expression to my
hould have chartered an
1 flown over with the news.
Popular Reception
;tor in this country ever
popular reception. It was
.st unseen audience linked
iy countless radio sets (the
idcasting Corporation has
ars taken over these con-
uddenly found a means of
le applause, and as if the
ed up on the platform were
;ir tribute. No one who is
)tful about the future of
here should miss that ex-
ever a visit to this country
ith the second week of
le sight of the throng of
;, so dense that promenad-
af the question, is an in-
It is not the ordinary
the normal London concert
types and classes and call-
resented there,
■ams during the season are
anged, even if there is per-
er of some of them becom-
ped. Some are classical ;
pular — but how much more
m the concerts of twenty-
igo ! Some are one-com-
rams — the Wagner, Bee-
Bach nights have been long
some are devoted to a mis-
music. A number of first
:s in England are included,
Frederick Converse's Cali-
Deems Taylor's orchestral
cus Day. These are to be
later in the season and I
iccasion to refer to them in
icle.
er time of year does a week
iking provide such rich op-
Dr the ordinary listener in
: Each week he is able to
years. The Proms, in short, are help-
ing thousands of average people to
make themselves at home with music.
Not for "High-Brows"
The Proms are not for high-brows ;
least of all the miscellaneous programs.
That of Aug. 18 was typical. The most
substantial items were Sibelius's Tapi-
ola and Max Bruch's G Minor Violin
Concerto. The latter was enhanced by
Lisa Minghetti's very sensitive playing
of the solo part. This young violinist
from Vienna adorned the lovable work
with beautiful tone and informed it
with well-controlled temperament; fur-
thermore, she made it clear that, for
her, the concerto held not a single
meaningless phrase. If there was any
meaning at all to be discovered in the
Rondo from Rossini's La Cenerentola,
certainly it would have been conveyed
by Mme. Conchita Supervia's art, but
when the aria is given out of its con-
text and in a concert hall, the brilliance
of the technical achievement must al-
ways be of chief interest.
Audiences Acclaim Bolero
This concert was notable for the ap-
pearance of Sir Walford Davies
(Elgar's successor as Master of the
King's Musick) as the soloist in his
amiable Conversations for piano and
orchestra, which, as he whisperingly
interpreted them, would have been
more aptly called Flirtations. For the
rest, Harold Williams sang Verdi's Eri
Tu with splendid artistry; and for
Ravel's Bolero, that profitable invest-
ment of a minimum of musical capital,
the orchestra and Sir Henry Wood
were rewarded with the loudest ap-
plause of the evening.
Some of the representative music by
Elgar and Hoist appears, of course, in
these programs, but neither of these
composers was given a commemorative
concert. Homage to Delius, however,
was paid in a program of his works on
Aug. 23. For my part, the outstanding
experience here was the renewed ac-
quaintance with the Concerto for Violin
and 'Cello both because of itself and of
the intensely beautiful performance of
May and Beatrice Hamson as the solo-
ists. To these sisters Delius dedicated
the work and never have I heard music
which so absolutely belongs to its spe-
formal plan, th
concern for the
It is not like
ere is, in listening, "no
one side or the other."
looking on at a battle.
Notable Figures at The London Proms: Sir
Henry Wood, the Conductor; and (left) Sir
Walford Davies, a Soloist
Indeed, to use North's words again,
this is the music of "cool air and tem-
perate summer evenings."
But the Idyll (Walt Whitman set
for soprano, baritone and orchestra)
strikes us with autumn's chill and
melancholy. In a sense, this work is
an extension of the mood of Sea Drift.
The same richness of texture is spread
out for our delight, phrases stab with
the same poignancy. For all our float-
ing in mystical regions we are never
without the presage of a dying fall.
Over the soul, even in its freest flight,
the dark wing of pessimism casts a
shadow. Idyll is the essential Delius,
and we could not but be grateful to
Dora Labbette and Roy Henderson for
their complete surrender to the spirit
of the work. The same can be said of
Clifford Curzon as the soloist in Delius's
Piano Concerto (in the revised form)
although this represents a composer of
smaller stature.
Meeting of Three Choirs
From Sept. 2 to 7, the 214th Meeting
of the»Three Choirs was held at Glou-
cester. It can well be imagined how
much under the cloud of Elgar's death
we were during that week, for these
Meetings have for many years been
famed for performances of Elgar's
works under the composer's direction ;
Meeting <>i Thiti Choirs fori
214th Festival at Gloucester,
Long Famed for Elgar Per-
formances, Under Cloud of
Composer's Death — Sumsion Is
Chief Conductor — Outstanding
Choral Work Done in Wesley
and Parry Compositions
and Elgar himself loved the occasionj
for the opportunities they gave him ol
meeting old friends, especially those if
the London Symphony Orchestra whichi
under the leadership of W. H. Reed
has understood his music better tharl
any other in England.
Yet, as Bernard Shaw remarked itl
a speech at a public lunch during thi
week, Elgar was not the kind of mal
whose memory causes one to pull a lond
face. "That's what I call music," thfl
composer once said to me, very simplyl
after we had listened to one of hil
works ; and I think he would have askeJ
for no better tribute than the performl
ances which were given in the CatheJ
dial of The Kingdom, The Dream oj
Gerontius and the Second SymphonJ
In the oratorios his kinsmen of thi
chorus gave of their finest, and in all
his friends of the orchestra rose to th|
occasion.
Tribute, too, was paid to Holst'l
memory in a performance of his verj
characteristic Te Deum. Among
works of composers of smaller folio
ings, I found great interest in Dr. C
Rootham's setting of Milton's Ode o:
the morning of Christ's Nativity (tw
soloists, chorus, semi-chorus of boy1
and orchestra. Beautiful words hav
here evoked music of elegance and in
spiration. (Readers of Musica
America will doubtless have read tha
Dr. Rootham's Septet was recentl
given at the Gittsfield Festival.)
For Choral singing pure and simphU
the outstanding performances of thi!
Gloucester Festival were of Samuel
Wesley's motet, In exitu Israel an]
Parry's Blest Pair of Sirens. Herbetn
Sumsion was the very able conductoi (
in-chief.
Wald Completes New Opera in Paris
Paris, Oct. 1. — Max Wald, America
composer, resident in this city, ha]
completed a three-act opera in the fori
of a lyrical comedy, Mirandolina, base
on Goldoni's La Locandiera. Th
libretto, in English, is by the compose-
NEW MUSIC SCHOOL
DALCROZE INSTITUTE
AMONG THE FACULTY
ROGER SESSIONS: All Branches of Composition.
PAUL BOEPPLE: Improvisation, Dalcroze Teachers' Training.
LYDIA HOFFMANN (formerly Stern Conservatory, Berlin): Advanced
Instruction in Piano.
NICOLAI BEREZOWSKY (Violinist and Composer): Advanced Instruc-
tion in Violin.
ADA MACLEISH (Soprano): Advanced Voice Instruction.
74-U
AM NEEDS MOST!
A laugh in every epitaph! The screen's newest
novelty — making new friends wherever
shown !
LIFE'S LAST
LAUGHS
The surprise short of the year! Panicked them
at Radio City Music Hall when first shown
there and a sure-fire hit on any program.
Interestingly presented." FILM DAILY
Produced by C. S. Clancy
creen Snapshots catch the spirit of the town. If you can't afford a ticket to America's last carnival/ they supply a de-
ightful substitute. Better than a trip to movieland, they take you to almost everything you'd care to see in the land you've
ead so much about . . . Splendidly photographed, these shots are breezy, intimate. The most honest and certainly the most
entertaining guide to be found . . . deserves a welcome to the cream of the short subject crop."
A riotous blend of color, music,
comedy and novel effects!
COLOR
RHAPSODIES
1. HOLIDAY LAND. Will add a delightful dash of spice
to the well-balanced program.
2. THE SHOEMAKER AND THE ELVES. Another tune-
ful, colorful and delightful novelty with an appeal for
young and old.
Produced by Charles Mintz
COLOR RHAPSODY
TAKE ATRIP TO TOYLANO WKEP.E
* BRILLIANT COLO!*, BLEEDS A'!T«
SPARKLING MU5iC AND LAUOHTfft.
A COLUMBIA PICTUR
MAPSHOTS • LAUGHING WITH MEDBURY
T U
MOTION PICTURE
DAILY
i
8
Civic Groups Deny
M. P. Council Aid
(Continued from page 1)
Houston, head of the council's "bureau
of public enlightenment," according to
the current issue of Motion Picture
Herald.
The council's executive head is Rev.
William H. Short. Invitations to the
gathering were sent out over the name
of Mrs. Grace Coolidge and the ses-
sion was held in the American Mu-
seum of Natural History.
The publicity release issued follow-
ing the meeting read : "A statement
of national policies in motion pictures
agreed upon by representatives of 35
national organizations was made pub-
lic yesterday (Oct. 3) by the Motion
Picture Research Council of 366 Mad-
ison Ave., New York, simultaneously
with the mailing of them to the presi-
dents of the associated organizations."
The release also quoted Dr. Ben D.
Wood of Columbia, who presided, as
saying the 35 organizations in all
probability would adopt the council's
"new" program.
Against Block Booking
The council's "new" program in-
cludes a demand for Federal legisla-
tion to stop block and blind booking
and appointment of a Federal admin-
istrator to supervise production.
All of the 22 organizations reached
denied they had been committed to
the council's program. Most of them
were emphatic in saying they disap-
proved the publicity release. One
called it "dangerous" to participate in
a conference with the council, and
several questioned the propriety of
the statement. Only three expressed
a sympathetic interest in the council's
work. They were: Dr. Samuel McC.
Cavert, general secretary of the Fed-
eral Council of Churches of Christ in
America; J. W. Crabtree, secretary,
National Education Ass'n, and Mrs.
B. F. Langworthy, president, National
Congress of Parents and Teachers.
Objectors Are Listed
Those who objected to the statement
were: Morse A. Cartwright, director,
American Ass'n for Adult Education ;
F. Trubee Davison, president, Amer-
ican Museum of Natural History;
Bernard S. Deutsch, president, Ameri-
can Jewish Congress ; Rowland Shel-
don, executive secretary, Big Brother
and Sister Federation, Inc.; Joseph
H. McCoy, general secretary, Big
Brother Movement; Ethel Morrey,
executive director, The Big Sisters
(Protestant) ; James E. West, chief
scout, Boy Scouts of America; Anna
Rice general secretary, National
Board of the Y. W. C. A.; Mrs.
Phillip A. Brennan, president, Inter-
national Federation of Catholic Alum-
nae ; George J. Zebrung, director, Na-
tional Council, Y. M. C. A.; Mrs.
Mary G. Schonberg, executive secre-
tary," National Council of Jewish
Women; Lena Madesin Phillips,
president. National Council of Wom-
en; Emily R. Kneubuhl, executive
secretary, National Federation of
Business & Professional Women's
Clubs ; Mrs. DeF. Van Slyeck, execu-
tive director, Junior Leagues of
America ; Charles L. Chute, executive
director, National Probation Ass'n;
Mrs. Grace Morrison Poole, presi-
dent, General Federation of Women's
Clubs; Weld Arnold, executive direc-
tor, Institute of Geographical Explor-
ation, Harvard University ; Dr. Louise
C. Ball, president, International Den-
tal Health Foundation for Children;
Lee F. Hammer, director, Russell
Sage Foundation; Miss Orie Latham
Hatcher, president, Southern Wom-
an's Educational Alliance.
The organizations not reached for
comment were: American Ass'n of
University Women, American Legion,
B'nai Brith, Catholic Boys Brigade of
the U. S.; Catholic Daughters of
.America, Child Welfare League of
America, Federal M. P. Council, Girl
Scouts, International Ass'n of Lions
Clubs, Maryland Civic League for
Motion Pictures, Massachusetts Civic
League, National Council of Teachers
of English, National Women's Trade
Union League of America, Women's
League of the United Synagogues.
Dr. Short has sent a letter of ex-
planation to the organizations repre-
sented at the conference in which he
says he "hopes they have not been
annoyed" by the news stories.
A paragraph of his letter reads :
"The news story sent out by our com-
mittee on information quoted Dr.
Wood as saying that 'this action was
not binding on the organizations rep-
resented at the conference.' To our
regret, the story as rewritten by sev-
eral papers omitted this vital state-
ment."
The opening paragraph of the M. P.
Council statement as sent to news-
papers, the Herald points out, read :
"A statement of national policies in
motion pictures agreed upon by the
representatives of 35 national organ-
izations."
Woman Speaker Demands
National Film Boycott
Boston, Oct. 17. — A national boy-
cott of pictures by women's organiza-
tions to secure cleaner films, strict
government control of the industry
and socialization of all children's rec-
reation was advocated at a conference
held here by the National Congress
of Parent-Teacher Ass'ns, the Twen-
tieth Century Club and the Massachu-
setts Civic League.
Mrs. Robbins Gilman of Minneap-
olis was the chief advocate of the
boycott.
During the addresses there was a
sharp exchange of ideas between Mrs.
Gilman and Dr. Helen D. McGilli-
cuddy, chairman of the Catholic Order
of Foresters for Massachusetts. Dr.
McGillicuddy expressed the belief that
the film industry is not wholly to
blame because it is merely trying to
provide the kind of entertainment
which people demand and which box-
office figures show as profitable. Mrs.
Gilman, at some length, tried to refute
the assertion.
Adolph P. J. Bendslev, an exhibitor
from Wellesley, Mass., gave the cli-
max to the meeting when he as-
serted that the claim that block book-
ing had been eliminated "is a lot of
applesauce." He said :
"I made a special trip to the office
of Will Hays in New York to try to
get a selective contract with a certain
producer giving me the right to pick
the pictures I wanted to show in my
theatre. All I got was a lot of apple-
sauce and a runaround.
"I still have to accept block booking
and pay for a lot of pictures I decline
to show in my theatre."
Mrs. Gilman charged Hays with
bad faith, declaring that he had prom-
ised, last summer, to clean up the in-
dustry but had failed to do so.
Other speakers included Mrs. Fred-
erick P. Bagley, Mrs. Martha S.
Mason and Mrs. John W. Myers.
At the conclusion of the session the
delegates agreed to present the salient
facts of the meeting to their respective
organizations for action.
Atlantic City, Oct. 17. — The
church is not asking for censorship by
forces outside the industry, said the
Rev. Frank H. Huffman, chairman of
the committee on Christian education
of the New Jersey Presbyterian Synod,
at the 112th annual meeting of the
synod here yesterday.
"What we demand," he said, "is
that the producers do their own cen-
soring and live up to their production
and advertising codes," adding that
"we are not the enemies but the friends
of good pictures."
Savannah, Oct. 17. — Some action
toward joining the clean film drive is
expected at the annual convention of
the United Lutheran Church in Amer-
ica opening here tomorrow. The com-
mittee of morals and social welfare
included this in its list of subjects
scheduled for discussion.
Open Louisville House
Louisville, Oct. 17. — Royal E.
Christiansen, new operator of The
National, will have a formal opening
Saturday. There will be a three-unit
show composed of a first run picture,
vaudeville, and a stage presentation
with orchestration.
Will J. Harris, who for 11 years
directed and produced extravaganzas
for B. & K. in Chicago, has been en-
gaged as producer.
Hit Paper's Film Shots
St. Louis, Oct. 17.— The M. P.
T. O. of St. Louis, Eastern Missouri
and Southern Illinois, meeting at the
Fox projection room here, voiced a
protest against the "Hollywood Un-
varnished" series running in the St.
Louis Globe-Democrat, which will be
asked to discontinue carrying the pic-
tures. The objection is that the scenes
are hurting theatre patronage.
Ritchey Imports Film
Norton V. Ritchey. director of
Ritchey International Corp., foreign
distributors for Monogram, has closed
a deal for American distribution of a
French picture. It is "The Battle,"
made by Leon Garganoff of Lionafilm,
Paris. Ritchey is handling the picture
personally in New York and is closing
state rights deals elsewhere.
Thursday, October 18, I9:<
BIP-Gaumont Deal
Dead, Says Myers
(Continued from page 1)
the financial figure behind the discus
sions, when interviewed here yester
day.
"It's foolish to deny that the sub
ject was discussed," Myers said. "Al
the men involved know each othe
very well and it may have been m
more than a topic of conversation
among them, but as for a deal — if on
was ever begun, it's finished now."
Questioned about his own part ii
the discussions, Myers replied tha
he was "greatly interested in pictures
and particularly the two big Britisl
companies" and refused to amplify thi
statement.
Myers described his visit here as
"purely a holiday." He arrived on th(
Aquitania, accompanying his friend
C. B. Cochran, London producer, as-
sociated with Harold B. Franklin anc
Arch Selwyn He will return to Lon-
don on the same ship, sailing Friday
night.
First Visit in 22 Years
He was proud of having established
a new ship's record coming over by
winning the daily mileage pool six
consecutive times. "Cochran's girls,"
he said, "helped relieve me of my win-
nings." This is Myers' first visit to
New York in 22 years. He was im-
pressed by changes in the city, he said,
but mostly by the service he obtained
at a well known men's tailor shop
where he was measured for a suit yes-
terday which will be delivered today
"as good as I might have obtained
anywhere in London."
London, Oct. 17. — Speculating on
the consequences of any merger be-
tween Gaumont British and B.I. P..
The Cinematograph Times, organ of
the Cinematograph Exhibitors' Ass'n,
foresees the formation of additional
large circuits. Declares that publica-
tion editorially :
"For the independents it is sug-
gested that any closer unification of
the exhibition groups would result in
even greater difficulties in securing
product in many areas. If, however,
independents were further exploited
as the result of closer unity amongst
renters, we imagine that quick moves
would take place either for disposal
to the big group — if they wanted more
cinemas — or for the creation of one or
two more large circuits."
Lesser, Cline Back Soon
Hollywood, Oct. 17. — According to
a cable received at Principal's Holly-
wood office, Sol Lesser and Director
Eddie Cline will leave Europe aboard
the Rex Oct. 31. In the meantime,
production on "The Cowboy Million-
aire," which is being filmed in London,
will be completed.
Radio Plans 6 Musicals
Radio will make six musicals this
season as part of the 50 features an-
nounced. The first, already completed,
is "The Gay Divorcee." Others slated
are : "Ho for Shanghai," "Adios Ar-
gentina," "Roberta," "Radio City
Revels" and another untitled one with
Fred Astaire and Ginger Rogers.
Marcus Here Next Week
Lee Marcus, short subject produc-
tion head for Radio, is expected in
New York next week for conferences
with home office executives.
Product Contracts
Await Kent Return
(Continued from paac 1)
held up until S. R. Kent arrives Mon-
day from a vacation in the south.
A difference of opinion has arisen
between RKO and Skouras on the up-
town theatre situation and attempts
by heads of the two circuits to iron
out the points in question have been
left to Kent to decide.
It is understood Skouras will not
give up Fox product in the uptown
situation until RKO agrees to pool
the 81st St. with the Skouras River-
side on a day-and-date booking ar-
rangement. As far as all other inter-
ests are concerned, the deal is set.
Wide Range Hits 1,000
Western Electric Wide Range in-
stallations have passed the 1,000 mark,
reports C. W. Bunn, general sales
manager of Erpi, with the equipping
of the Atlas, Seattle.
ACTUAL SCENES OF
THE ASSASSINATION OF
KING
ALEXANDER
SPECIAL PRE-RELEASE ISSUE— NO. 294
UNIVEDCAL
10
MOTION PICTURE
DAILY
Thursday, October 18, 193
Looks Like Cantor's Best
Hollywood, Oct. 17. — "Kid Millions," Eddie Cantor's latest, pre-
viewed here in 93 minutes, or seven less than the "sneak" preview
of the picture in San Diego on Sept. 25, now looks like sure-fire
box-office.
Cantor's annual laughfest, augmented by an ice cream sequence
in Technicolor especially appealing to youngsters and oldsters
with imagination, is further amplified by alluring Goldwyn girls,
robust laughter grooved into the story with song and dance spe-
cialties and production lavishness beautifully photographed.
"Kid Millions" looks like Cantor's most enjoyable film, blending
whimsical humor with belly laughs plus a wholesome quality
that makes it refreshingly entertaining. Box-office, it looks
sure-fire.
Grievance Board to
Pick Films Awarded
Instead of letting Campi decide on
selection of product Aaron Shuster-
man is to get from Walter Reade as
a result of a decision reached on Tues-
day, the New York grievance board
will hold a meeting tomorrow morn-
ing and allocate the product itself.
Shusterman operates the Strand,
Red Bank, N. J., against Reade's
Carlton, same city, and the Roky,
Perth Amboy, against Reade's Strand,
Majestic and Crescent, same city.
The board found Reade guilty of
overbuying in both cities. It is un-
derstood Reade will appeal.
George F. Thompson, impartial
man, will play an important part in
the allocation of pictures. Shuster-
man agreed at the hearing he would
pay the same terms as Reade is if he
gets pictures.
Allied Heads Talk
Law Moves on Code
Proposed legislative action in con-
nection with the code and other mat-
ters pertaining to independent exhibi-
tors were discussed yesterday by Allied
leaders at the organization's headquar-
ters at the Lincoln. Sidney Samuelson,
president ; Abram F. Myers, Walter B.
Littlefield, Col. Harry A. Cole, Jack-
Lilly and H. M. Richey attended.
Aaron Saperstein was not present.
Cole and Lilly return to Greenville,
Texas, today after another Allied ses-
sion. Richey will attend the Detroit
clearance and zoning hearing at Campi
and Littlefield and Myers will return
to Albany and Washington, respec-
tively.
Albany Boards Drop
Trio of Complaints
Albany, Oct. 17. — Two clearance
complaints have been dismissed by the
clearance and zoning board.
One was by A. Stone, operator of
the Eagle, Albany, against the
Colonial, operated by the Berinstein
Realty Co., and Warners' Albany;
the other was the Eagle against the
Royal. The latter complaint was dis-
missed without prejudice.
The grievance board has dismissed
an overbuying complaint brought by
the Griswold, operated by Troy Thea-
tres Co., Inc., against Warners' Lin-
coln, Troy, on the ground that the
complaint was premature for the 1934-
35 product.
New Haven Schedule
Forwarded to Campi
New Haven, Oct. 17.— The local
clearance and zoning board has com-
pleted a revised schedule for this ter-
ritory and submitted it to Campi for
approval.
Several weeks ago a contingent of
exhibitors and branch managers at-
tended a hearing in New York on the
schedule, following which recommen-
dations were made by Code Author-
ity. It is expected that the new plan
will meet with approval of Campi at
its next session, Oct. 25, after which
it will be put into effect.
Call Cincy Meeting
To Discuss Zoning
Cincinnati, Oct. 17. — The clear-
ance schedules for the Cincinnati,
Columbus and Dayton territories hav-
ing been returned by Campi for re-
drafting, an exhibitors' meeting has
been called for next week by the local
clearance and zoning board, to dis-
cuss a re-draft.
Coast Bank Nights
Are Ordered Ended
Los Angeles, Oct. 17. — The griev-
ance board has ordered three theatres
to stop operating bank nights. The
cases are : Hemet Theatre, Hemet,
against Swoboda Theatre, San Jacin-
to; Arcadia, Arcadia, against Lyric,
Monrovia ; El Morro against Cairo,
both at Gallup, N. M. The last
named case was complicated because
the plaintiff buys film from Los
Angeles, while the respondent buys
from Denver.
Detroiters Gather
For Zoning Hearing
Considerable interest is centered
around the Detroit clearance and zon-
ing plan which will be heard today by
a Campi committee. A number of
Detroit exhibitors are in town for the
hearing.
Gradwell Sears, Leslie E. Thomp-
son and Harry Hecht yesterday heard
the clearance schedule discussions for
San Francisco.
Signed for "Scandals"
Hollywood, Oct. 17. — Lyda Ro-
berti, who was recently starred in
the stage play "Roberta" in New
York, has been signed by Fox for a
featured role in "George White's
Scandals."
Gordon Off to Texas
Following an appeal hearing be-
fore Campi during which he repre-
sented Jefferson Amusement Co., of
Beaumont, Texas, J. M. Gordon, at-
torney for the circuit, left yesterday
for home.
ITOA Discusses Buying
Members of the I. T. O. A. yester-
day held a general discussion on the
local film buying situation. No action
was taken, the session being informal.
Columbia Signs Marsh
Hollywood, Oct. 17. — Marian
Marsh has been put under long term
contract by Columbia.
Wheeler Going Abroad
Bert Wheeler plans to take a trip
to Europe before going to Hollywood
on his next Radio picture assignment.
Raftery Back Monday
Ed Raftery of O'Brien, Driscoll &
Raftery returns Monday from Detroit.
Sandrich Is Looking
For Talent, Stories
Mark Sandrich, who recently com-
pleted "The Gay Divorcee," is look-
ing over the Broadway talent and play
mart in a search for new material.
He sails for California on the Santa
Elena on Oct. 27.
Sandrich believes in taking a brief
vacation after making a picture and
is here for that purpose. He says that
when he gets away from the produc-
tion center the new atmosphere gives
him new ideas for his next picture.
When he returns to the coast he will
make another musical with Fred
Astaire and Ginger Rogers. Miss
Rogers arrived from the west yester-
day for a short rest and Astaire is
expected shortly.
"Musicals have definitely established
themselves as entertainment," he says,
"and they will always have a definite
place in the scheme of production."
With two more years to go at RKO.
Sandrich asserts he will make from
three to four a year.
Roxy Fall Kills Aerialist
Arline Phillips, feminine half of
the "Two Phillips" aerial act, died
last night at Polyclinic Hospital of
injuries suffered in a fall to the stage
during an afternoon performance at
the Roxy, where the act has been
playing the past two weeks. Her
husband, Charles, the other member
of the act, was on the stage with
her when she fell.
Mrs. Phillips was riding a bicycle
on a wire estimated as being 60 feet
above the stage, when she lost her
balance and fell head first to the
steps leading from the stage to the
orchestra.
Schwarzmeier Is Killed
Buffalo, Oct. 17— Christian W.
Schwarzmeier, 34, projectionist at the
Lafayette, was fatally injured when
his automobile crashed against the
steel abutment of a railroad viaduct.
Schwarzmeier, police reported,
swerved to the left to pass another
car as he approached the viaduct. An
operation failed to save his life.
Medical Examiner Rocco N. DeDom-
inicis issued a certificate of accidental
death.
Clifton Brennan Dead
Louisville, Oct. 17. — Clifton Bren-
nan, 49 years old, former president of
the M. P. Operators' Local No. 163,
died here, following a heart attack.
He was president of the union for 25
years, retiring five years ago. Bren-
nan is survived by his wife, a son, a
brother, and five sisters. Burial was
in St. Louis.
Movietone Plane in i
Crash; One Drowned'
(Continued from page 1)
while attempting to take Fox Movie-
tone News film from the liner George
Washington. The accident took plac<:
600 miles at sea.
Fox Movietone was trying to score
a beat on pictures of the assassination
of King Alexander of Jugoslavia and
Foreign Minister Barthou of France
The man lost was Harry W. John-
son, radio operator. Those saved i
were : Marion Grevenberg, the pilot : ,
Edward Reek, news editor of Fox
Movietone ; Jack Kuhne, aviation edi-
tor, and George Smith, who is con-
nected with the Sikorsky company at.
Bridgeport.
Arrangements had been made to
throw the film overboard with a buoy
and line attached, but the sea was ex-
tremely rough. When the plane at-
tempted to land in the lee of the ship |
a pontoon was knocked off and one
of the wings hit a wave and crumpled.
Johnson was thrown into the water,
while the others clambered up onto
the tail and wing of the sinking plane.
Capt. George Fried sent a lifeboat
to the rescue immediately. The George-^
Washington is due in New York to-5
day.
An earlier statement made by a.
Pathe News man on the desk that his.
reel had arrived aboard the Bremen
Monday was attacked by other news-
reel editors yesterday and subsequently •
denied by Jack Connolly of Pathe.
E. B. Hatrick, general manager of
Hearst Metrotone, also stated no effort
had been made to create the impres-
sion in newspaper stories last week i
that his reel had included actual scenes
of the assassination as commented
upon yesterday in The Insiders' Out-
look column in Motion Picture
Daily. "All that we did was to pre-
pare a symposium as did the other
reels," he stated.
Expect Bond Group
To Revamp Fox Met
(Continued from page 1)
place of the existing long term con-
tracts, it is said. A sale of the circuit I
could be negotiated by the committee :
on the expiration of the contracts, it
is said.
The committee's rejection of the
Hayden, Stone bid early this week
continued yesterday to mystify many '
who are close to Fox Met develop- i
ments. Under the Hayden, Stone ;
offer, the bondholders' committee was
to have proceeded with its reorgani- i
zstion of Fox Met, issuing stock in the
reorganized company to bondholders
in exchange for their bonds. Hayden,
Stone agreed to purchase for cash all
of the new stock, up to a valuation of '
$4,500,000 for the entire issue, from
whatever holders desired to sell. It is 1
understood that Hayden, Stone, in -
connection with the offer, also asked
a broker's commission for its part in
the transaction. Whether or not the -
premium involved in this latter de-
mand led to rejection of the offer
could not be learned. Observers, how- 1
ever, regarded the bid as a favorable
one and were at a loss to explain its
rejection.
Para. Golfers in Action
Several hundred members of Para-
mount's home office personnel partici-
pated yesterday in a company golf
tournament at Winged Foot Countrv
Club.
Widiy, October 18, 1934
MOTION NCTVIB
DAILY
\RA Approves
New Code Cost
Plan Details
(Continued from page 1)
>ated any material objections will be
aised.
The producer-distributor assess-
ments are based in large part upon
-ecommendations of the Division of
Research and Planning, made after
he last proposal of Campi had been
■ejected. For purposes of simplifica-
ion, however, the percentage of com-
jutation was dropped in favor of a
lat figure for each of the 14 classes.
A'hile this figure may be above or
jelow the amount which a company
.vould pay on a percentage basis, it
Aas said, the representatives of all
groups felt that it would be easier
or both the companies and Campi to
landle.
Exhibitor assessments give the very
;mallest houses a little advantage over
-he charge for the first half year, and
mpose upon the de luxe and premier
nouses in larger cities a slightly heav-
er tax. While the assessments for
:he three groups in the cities between
25,000 and 500,000 remain unchanged,
;hose in other groups have been
amended by the insertion of additional
-•lassifications.
Producer-Distributor Levies
The producer-distributor schedule
.vas made public by Farnsworth after
i conference with Harold S. Bareford,
i member of the code finance com-
mittee, and runs as follows, covering
he full calendar year: gross domes-
ic revenue over $20,000,000, $23,000;
\ 15.000,000 to $20,000,000, $20,000;
f 10,000,000 to $15,000,000, $17,500;
£ 5,000,000 to $10,000,000, $12,000; $2,-
500,000 to $5,000,000, $6,250 (this
:lass originally was to be charged
|500 but it was found that such a fig-
jre would be out of line) ; $1,000,000
:o $2,500,000, $3,250; $750,000 to $1,-
300,000, $2,000; $500,000 to $750,000,
^1,575; $250,000 to $500,000, $1,000;
$100,000 to $250,000, $700; $50,000 to
?100,000, $350; $25,000 to $50,000,
$215; $12,000 to $25,000, $142.50; all
Dthers $120.
The exhibitor schedule covers the
last half of 1934. Groups within each
population classification are charged
Dn a basis of run and capacity. The
schedule approved today is as fol-
lows :
Under 10,000 population, capacity
under 500, $5, over 500, $8 (formerly
$6) ; 10,000 to 25,000, under 500, $6,
over 500, $9 (formerly $9) ; 25,000 to
100,000, $9 and $12; 100,000 to 300,-
000, $12 and $18; 300,000 to 500,000,
$15 and $21 ; 500,000 to 700,000, $16,
$18 and $24 (formerly $18 and $24) ;
700,000 to 1,000,000, $20, $21, $36 and
$42 (formerly $21 and $36) ; over 1,-
000.000, $16, $18. $24, $48 and $60
(formerly $18, $24 and $48).
A total of 8,349 exhibitors are cov-
ered by the schedule, which is figured
to bring a revenue of $88,004, of which
$11,730 will come from 2,350 theatre
owners operating houses of less than
500 seats in communities of less than
10,000 population.
Harold Bareford is expected from
Washington today following confer-
ences yesterday with NRA officials
concerning the assessment plans.
Insiders' Outlook
{Continued
Ergon patent. Heard around,
like other reports, is one which
holds this method is several steps
up on results obtainable from di-
rect sound-on-film recording. . . .
▼
Whatever the substitute may
be, however, is held to be of less
consequence to some industry
figures than is their belief that,
other reasonable avenues failing,
a substitute there can and will be.
All of this, on the other hand, is
to be demonstrated. Proceeding
on the assumption that the value
of the Tri-Ergon patents would
find itself limited to whatever
Fox's attorneys can prove after
litigation, the rest of this specu-
lative strain confines itself to
lawsuits limited to performance
in the past, but not in the future.
Interesting as another angle is
what Fox might do with his pat-
ents in days to come. Tied in
with the Erpi sound system is
approximately 2,500 patents. Fox,
if he does, controls two and that
gives him exactly a brace of
pieces in a jig-saw puzzle. . . .
▼
Much competent technical
opinion, moreover, maintains that
the flywheel is not an essential
cog in the standard form of re-
producers installed and operating
in the country's theatres. It is
described as a device inducing
inertia, deliberately made a part
of the sound system while other
moving parts have both mass and
substance. Disputable as this
technical description may or may
not prove to be, there is no spec-
ulation over the belief prevalent
in sources close to Erpi that the
flywheel grafted to the approxi-
mate 6,000 Western Electric re-
producers in daily use can be
eliminated for a substitute at a
cost of only about $500,000. . . .
▼
Looming as an increasingly
vital question is one that has to
do with the ownership of the pat-
ents which Fox, the man, claims
to own. That claim covers
90 per cent of American
Tri-Ergon. Ten per cent is held
by Tri-Ergon, Ltd. of St. Gall,
Switzerland, which is the daddy
corporation for the German in-
ventors from whom Fox, the
man, says he bought his two pat-
ents for $45,000. In Mineola,
Nassau County, some time ago
was filed a suit by Fox, the cor-
poration, which Fox, the man,
founded. It contests the owner-
ship of the much discussed pat-
ents. It contends the $45,000
purchase price came from cor-
porate funds and the purchase
made on behalf of the company
itself. . . .
T
The stand assumed by Fox,
from page 1)
the man, is that the patents are
properly his, on the other hand;
that the sale to him was subse-
quently executed. He also main-
tains that his agreement to license
Fox, the corporation, under the
purchased devices kicked itself
out when the former company
neglected or refused to pay him
$500,000 a year for five years
under the transaction which gave
control of the Fox companies to
Harley L. Clarke of Chicago.
Another angle which makes the
outcome more complicated is the
understood attitude of Swiss Tri-
Ergon which claims Fox's 90
per cent interest has petered out
through the failure of Fox, the
man, to push the sale of licenses
in the United States. . . .
T
Then what? If Fox, the cor-
poration, now proceeds on its
long dormant lawsuit — no longer
a remote possibility now — and
wins, the other Erpi licensees
will breathe considerably easier,
for under the cross-licensing
agreement binding them all to-
gether, the Tri-Ergon patents
will become at once available to
the others. Radio Pictures and
RKO theatres, as the principal
Photophone users, however, may
run into difficulties on this score
since there are several involved
conditions, arising out of sound
in the home, which may prevent
the extension of the interchange-
able pact to Photophone. . . .
T
If the Swiss company proceeds
on its indicated course and if it
emerges as victor and owner of
the 90 per cent interest in Amer-
ican Tri-Ergon now held by Fox,
the man, litigation in wholesale
may easily be the immediate
prospect. Just as immediate, as
a counter factor, is some sort of
a settlement with Erpi in what
would be a move to eliminate
the issue and restore much more
calm than now prevails in the
upper councils of the industry.
Bruited about is the report,
which, in fact, is more than mere
report, that Fox, the corpora-
tion, has been talking to the
Swiss organization on what looks
suspiciously like a deal, if —
▼
Possibilities along other lines
include a widespread use of the
newsreel type of camera which
shoots sound and pictures on the
one film and so worries not at
all about double printing. This
latter patent, it is understood,
does not apply to either news-
reel recording or reproducing.
"Dubbing" and scoring, widely
applied in production for both
domestic and foreign consump-
tion, is viewed as being entirely
Fox Patents
Suits Filed
Against Five
(Continued from page 1)
Neal, who represent Fox in the in-
junction suits. Former Judge Thomas
D. Thacher, also of Fox counsel in
the injunction actions, likewise re-
fused comment on this circumstance.
It is recalled, however, that War-
ners and United Artists are Delaware
corporations and probably would have
to be served in that state. Tri-Ergon
has an action pending against RKO
in Delaware and has already won its
action against Paramount. Why Fox
Film was not named remains a matter
for speculation. Some legal minds hold
that an injunction against Fox might
have to be deferred until that com-
pany's New York state court suit
against William Fox, alleging that
ownership of the Tri-Ergon patents
belongs to the company rather than to
Fox himself, has been settled.
Defendants in the Tri-Ergon action
have 20 days in which to file their
replies with the court.
Setter, Meyers Here
William Seiter, director, and Zion
Meyers, assistant to Pandro Berman,
associate producer at RKO, are in
New York for conferences with
Jerome Kern on "Roberta." Marion
Nixon is accompanying her husband,
Seiter.
Delay "Crocus" Opening
Opening of "Autumn Crocus" at
the Little Carnegie has been post-
poned until next Wednesday.
in the clear because they are not
conducted "simultaneously" with
the operation of the camera it-
self. In the meantime, Fox, the
man, is reported to have ex-
pressed his willingness to reach
an accord on the issue, regard-
less of what exactly the issue
may be. Somewhere between
$8,000,000 and $10,000,000 a year
will prove satisfactory to him,
provided it is guaranteed. He
is not averse, so the story goes,
to conversations which would
franchise him exclusively in the
newsreel field. And that sounds
as if Fox, the man, were turn-
ing politically minded. . . .
T
Rising out of this fog of spec-
ulation and conjecture is one
point, crystal-like in its clarity
by comparison with all others.
This is it: Exhibitors may safely
lay aside any worry about sound
operation with discs. No matter
how producers work it out, at-
tractions will continue to be de-
livered in the can with sound and
images on the one film. How
the sound gets on the edge of the
celluloid is something not yet
established, but there it will be.
Besides, this is the producer's
job. Also his worry. . . .
K A N N
"EG. u.s.pat. off.
Du Pont Film Manufacturing Corporation
35 WEST 45™ STREET
NEW YORK CITY
PLANT
PARLIN N.J.
SMITH & ALLER LTD.
6656 --SANTA MONICA BLVD
HOLLYWOOD, CAL.
THE <ffiP0B> TRADE MARK HAS NEVER BEEN PLACED ON AN INFERIOR PRODUCT
The Leading
Daih
Motion I
Picture
Industry
MOTION PICTURE
DAILY
Alert,
Intelligent
and
Faithful \
Service to"'
the Iniistry
in All
Branches
VOL. 36. NO. 93
NEW YORK, FRIDAY, OCTOBER 19, 1934
TEN CENTS
U" Scores
News Scoop
On Broadway
Assassination Films at
Trans-Lux by 11:35
Universal News yesterday scored a
Broadway beat on competitive reels
by planting its shots of the assassina-
tion of King Alexander of Yugo-
slavia and Foreign Minister Barthou
of France on the screen of the Trans-
Lux at 11:35 A. M. The clips ran
250 feet, were silent shots, but car-
ried commentary in sound by Graham
McNamee.
Newsreel editors fussed and fumed
to beat their opposition to the gun.
The Embassy, with one eye on its
competitor, the Trans-Lux, insisted the
Paramount News clips, 350 ft. in toto,
were first shown at 11 :30. When a
spokesman made that statement, how-
ever, he did not know that an earlier
check at Paramount demonstrated that
its print had been screened at 12:10.
Pathe News made the Embassy at
1 :30. The theatre disagreed with
Paramount on the time of receipt, but
it matched with Pathe on the time
of its print delivery.
Hearst Metrotone gave the event
350 feet with dialogue by Edwin C.
Hill. It hit the deck at the Capitol
at 6:37 o'clock last night. According
(Conintied on page 10)
Sales Pact Analysis
Comes Up Oct. 24
Campi's legal committee, consisting
of Austin Keough, chairman ; Nathan
Yamins, J. Robert Rubin and Will-
ard McKay, will meet next Wednes-
day to reconsider an analysis of cur-
rent contracts of major distributors.
A number of complaints have been
filed with Code Authority by exhibi-
tors all over the country charging
that some of the contracts are in vio-
lation to the code.
Yamins originally made a survey of
the contracts and after he submitted
his report, the legal committee dis-
agreed on some of the facts. Results
of the meeting next week will be put
before Campi for action on Oct. 25.
Mr. Lubitsch Complains
=By Martin Quigley — -
MR. ERNST LUBITSCH'S
numerous complaints to the
daily press about "the censorship
regime" have become exceedingly
tiresome during the past few
days. Since his arrival from
Hollywood last week it has be-
come virtually impossible to scan
the amusement pages of the news-
papers without encountering the
unpleasant spectacle of one of the
screen's leading directors offering
an amazing exhibition of igno-
rance concerning matters about
which he should be well informed.
It may be explained to Mr. Lu-
bitsch that what he refers to as
"the censorship regime" is not
censorship at all. It is, instead, a
system voluntarily set up by the
industry, which pays Mr. Lu-
bitsch rather handsomely, for the
purpose of controlling the activi-
ties of various persons, including
Mr. Lubitsch, who if left to their
own inclinations and dependent
only upon their extremely limited
knowledge of the tastes, thoughts
and habits of the American people
might quite conceivably reduce
the motion picture business to a
state under which Mr. Lubitsch's
present royal per-picture stipend
would represent a good week's
gross business for one of the
major companies.
▲
Mr. Lubitsch and some of the
other arty fellows of production,
in their conversations and state-
ments to the press, would have
the world believe they are zeal-
ous, self-sacrificing disciples of
Art; that the starving painter in
the Parisian garret is no more
unselfishly devoted to the ideal of
Art than they are. But we have
noticed that when the matter of
a contract for services is under
(Continued on page 5)
Five New Fox
Patent Suits
Make Total 10
BlumenthaFs
Part in Fox
Met Detailed
"Aran" Draws Crowd
At Criterion Debut
Gaumont British last night launched
its first two-a-day picture at advanced
prices when "The Man of Aran"
opened at the Criterion and attracted
a typical first night audience. This
is the picture produced by Robert J.
(Continued on page 6)
Evidence of a damaging nature
to the petition for reorganization of
Fox Theatres Corp. was brought out
yesterday by Archibald Palmer, coun-
sel for Fox Metropolitan bondhold-
ers, during an examination of A. C.
Blumenthal, who admitted that he
had discussed the making of a bid
for Fox Theatres assets if the peti-
tion for reorganization of the company
were successful.
The principal assets of Fox The-
atres are its ownership of all of the
common stock of Fox Met and a claim
(.Continued on page 5)
Screen Must Look
To Youth — Warner
Much of the industry's future de-
pends on young blood, said Harry M.
Warner in an address last night at
the New York Universitv School of
Education. The Warner president
told his hearers that he was working
on a plan to extend opportunities in
various departments of his company
(Continued on Page 10)
Allied Heads
Lay Congress
Campaign Plan
Plans for taking its three-point pro-
gram directly to Congress were com-
pleted yesterday by five regional vice-
presidents of Allied after a two-day
session at the Lincoln.
"Allied is definitely set on its plans
to go to Congress with its fight
against A.S.C.A.P. on increased music
taxes," Sidney Samuelson, president,
stated. "We are not satisfied with the
agreement reached between the ex-
hibitor emergency committee and
A.S.C.A.P.
"We are also going ahead with our
(Continued on page 5)
Cover Double Printing;
Flywheel to Come
Episcopalians Ask
Federal Film Rule
Atlantic City, Oct. 18. — Federal
regulation of the industry was de-
manded in a resolution passed by the
House of Bishops of the Protestant
Episcopal Church here today at the
general convention of the church. The
resolution was in the form of a peti-
tion to the President asking him to
(Continued on page 5)
William Fox widened the front of
his attack on the industry at large to
stop use of his American Tri-Ergon
double printing patent by filing five
more suits in Federal court for an in-
junction and an accounting yesterday.
The new defendants are Monogram
Pictures, Reliance Pictures, Talking
Picture Epics, 20th Century Pictures
and AmerAnglo Corp.
This brings the total to 10 at pres-
ent, as suits were filed in the same
court on Wednesday against M-G-M,
Universal, . Columbia, First Division
and Consolidated Film Industries.
The additional actions, filed by
Ward, Crosby and Neal, patent attor-
neys, are similar to those filed Wed-
nesday— pleas for injunctions and
accountings — but they apply only to
the double printing patent. No ac-
tions have been filed as yet covering
the flywheel patent, which also is con-
trolled by American Tri-Ergon and
Tri-Ergon Holding Aktien-Gesell-
schaft, which Fox organized in 1928
to control the inventions of Hans
Vogt, Joseph Massolle and Josef En-
gel, which they sold to a Swiss Tri-
Ergon company.
Additional suits are to be filed
shortly, it is understood, on both the
double printing and flywheel patents.
M-G-M, Warner Hit
Detroit Clearance
M-G-M and Warners yesterday hit
the Detroit clearance and zoning
schedule at a Campi appeal hearing,
attacking many of its clauses as not in
line with the principles laid down by
Code Authority. References in the
plan to predicating clearances on ad-
missions were hit by both companies
in addition to some of the exhibitors
who came from the automobile city
to attend the hearing. The general
(Continued on pat/e 6)
Exchange Men Form
Minneapolis Union
Minneapolis, Oct. 18. — Exchange
workers have organized what is be-
lieved to be the first union of its kind.
They have secured the approval of the
American Federation of Labor and
have applied to the State Federation
of Labor for a charter.
MOTION PICTURE
DAILY
Friday. October 19. I93<
MOTION PICTURE
DAILY
(Registered U. S. Patent Office)
Vol. 36
October 19, 1934
No. 93
m
Martin Quigley
Editor-in-Chief and Publisher
MAURICE KANN
Editor
JAMES A. CRON
Advertising Manager
Published daily except Sunday and holi-
days by Motion Picture Daily, Inc., sub-
sidiary of Quigley Publications, Inc.,
Martin Quigley, President; Colvin Brown,
Vice-President and Treasurer.
Publication Office: 1790 Broadway, New
York. Telephone Circle 7-3100. Cable ad-
dress "Quigpubco, New York." All con-
tents copyrighted 1934 by Motion Picture
Daily, Inc. Address all correspondence to
the New York Office. Other Quigley pub-
lications: MOTION PICTURE HERALD,
BETTER THEATRES. THE MOTION
PICTURE ALMANAC and THE CHI-
CAGOAN.
Hollywood Bureau: Postal Union Life
Building, Vine and Yucca Streets, Victor
M. Shapiro, Manager; Chicago Bureau: 407
South Dearborn Street, Edwin S. Clif-
ford, Manager; London Bureau: Remo
House, 310 Regent St., London, W. 1,
Bruce Allan, Representative. Cable address:
"Quigpubco, London"; Berlin Bureau:
Berlin-Tempelhof , Kaiserin-Augustastrasse
28, Joachim K. Rutenberg, Representative;
Paris Bureau: 19, Rue de la Cour-des-
Noues, Pierre Autre, Representative; Rome
Bureau: Viale Gorizia, Vittorio Malpassuti,
Representative; Sydney Bureau: 102 Sus-
sex Street, Cliff Holt, Representative; Mex-
ico City Bureau: Apartado 269, James
Lockhart, Representative; Glasgow Bureau:
86 Dundrennan Road, G. Holmes, Repre-
sentative; Budapest Bureau: 3, Kaplar-u,
Budapest, II, Endre Hevesi, Representa-
tive; Moscow Bureau: Civtzev Vrazhek, N
25, Apart. 146, Moscow, U. S. S. R., Bella
Kashin, Representative. Cable address:
Samrod, Moscow.
Entered as second class matter, January
4, 1926, at the Post Office at New York
City, N. Y., under Act of March 3, 1879.
Subscription rates per year; $6 in the
Americas, except Canada $15 and foreign
$12. Single copies: 10 cents.
Detroit Smoking Ban
Is Put Into Effect
Detroit, Oct. 18. — The new ban on
smoking in all theatres goes into effect
at midnight tonight, Gabe S. Gold-
water, city fire marshal ruled today.
Many applications have been made
to the marshal's office asking for spe-
cial permits, but all have been turned
down.
Some managers welcome the ban,
others state that it will injure busi-
ness, but there will be no exceptions.
Pratchett Confers Here
Arthur Pratchett, former manager
of Paramount's office in Cuba and re-
cently appointed head of the company's
branch in Mexico, is in New York
for home office conferences. He plans
to leave for his new headquarters in
Mexico City some time next week.
Jack Rappaport, formerly working
out of the Panama office, has been
named Pratchett's successor in Cuba.
Robert Burkhardt Father
Hollywood, Oct. 18. — Fox public-
ity went to Robert Burkhardt yester-
day for their cigars when Bob became
the father of a five and one-half pound
baby girl born to Mrs. Burkhardt at
the Good Samaritan Hospital.
Weinberg to Open Luxor
Jack Weinberg, former local ex-
change man, next week opens the
Luxor on Bleecker Street.
New "Natural Color"
Films Being Put Out
A new color process known as
"Natural Color," utilizing black and
white stock and relying for color re-
production on three primal color
filters in the projector lens, is now
being produced by E. S. Brockway
Co., Inc.
The new process will be used ex-
clusively for industrial and commercial
sales promotion, and prints are being
made on 16 mm. film only, though suc-
cessful experiments have been made
with 35 mm.
The inventor of the new process is
Merrill Waide, who, at the time of
his invention, was president of Na-
tional Color, Inc. John W. Noble is
in charge of producing with the new
method and E. S. Brockway Co.,
Inc., now control it.
Join in Harris Benefit
San Francisco, Oct. 18. — Every
branch of the industry has been draft-
ed to assist in putting over the testi-
monial benefit show to be given at the
Fox by the local industry for Sam
Harris, once co-owner of the Acker-
man-Harris circuit in northern Cali-
fornia. The show, which was to have
been staged on Oct. 25, was postponed
this week to a date still to be an-
nounced. A. M. Bowles is general
chairman of the affair.
The publicity committee includes
the following: Walter Barusch, Ar-
thur Rosenbaum, Phil Phillips, Sam
Holland, Emil Ermann, Bob Doman,
Charles Pincus, Mickey McDonald,
Don Krull, Ada Hanafin, Claude La
Belle, George Warren, Sol Pincus,
A. F. Gillaspey, Eddie Fitzgerald,
Harold Wilson, Bob Harvey, John
Del Valle, Lloyd Thompson, Fred
Johnson, Curran Swint and Katherine
Hill.
Gable Out of Air Story
Hollywood, Oct. 18. — M-G-M has
taken Clark Gable out of "West Point
of the Air," leaving Wallace Beery and
Franchot Tone as only members cast
to date.
Meriden Poli Opened
Meriden, Oct. 18— The Fox Poli
here opened today with five acts of
vaudeville and a double feature on the
screen. Admission ranges from 15c
to 25c.
Dario Faralla Made
1st Div. Treasurer
Dario Faralla was named First Di-
vision treasurer yesterday and Henry
Reiner was appointed short sales man-
ager in charge of "Musical Moods" in
the metropolitan area and out-of-town
circuit houses, with Meyer Gruber and
Israel Landau placed in similar posts
in the Boston and Louisville exchang-
es, respectively.
Faralla, who has been on the coast
the past year, was formerly executive
business manager of the First Na-
tional Burbank studios and treasurer
of Educational. More recently he has
served as financial advisor to Harry
H. Thomas, head of First Division.
P. K. Thomajan, who has been as-
sociated with Paramount and Harold
Lloyd, has joined First Division as
assistant to Al Friedlander, handling
special publicity and advertising on
the "Musical Moods" shorts and "Hei
Tiki."
Traffic Film in Court
"Saving Seconds," a commercial
film produced by Castle Films for the
Aetna Casualty & Surely Co., was
shown this week in Traffic Court,
Houston and Lafayette Sts., before
Magistrate Farrell, First Deputy
Police Commissioner Fowler and a
number of traffic offenders up for
hearings.
M-G-M Signs 4 Writers
Hollywood, Oct. 18. — M-G-M has
signed four writers and exercised op-
tions on two actresses. The writers
are Jules Furthman, Rachel Crothers,
Hugh Seymour Walpole and Ernest
Vajda. The actresses optioned are
Louise Fazenda and Betty Buck.
Michigan Date Is Set
Detroit, Oct. 18. — The definite date
of the Michigan Allied Theatres con-
vention was set today by H. M.
Richey, general manager. The scene
of the confab will be Flint and the
date Nov. 7-8. Headquarters to be at
the Durant Hotel.
Radio Re-Signs Etting
Hollywood, Oct. 18. — Radio has
signed Ruth Etting to a new contract
calling for a series of six shorts for
the 1934-35 season.
Big Board Experiences Off Day
Net
Change
-134
- 54
+ 54
-54
- 54
-IK
High Low Close
Columbia Pictures vtc 38 36% 36%
Consolidated Film Industries 3^ 3f£ 3y&
Consolidated Film Ind. pfd IS54. 1514. 1554
Eastman Kodak 104% 10334 104
Fox Film "A" uyz 13^ 13^
Loew's Inc i\y& 30% 30%
Loew's Inc. pfd 96 96 96
Paramount Publix cts 454 454 454
Pathe Exchange VA 154 154
RKO 254 254 254
Warner Bros 5 5 5 — j£
Sentry Rises Sixteenth on Curb
Net
High Low Close Change
Sentry Safety Control 5/16 5/16 5/16 +1/16
Technicolor 13% 1354 13J4
Most Bond Issues in Decline
High Low
General Theatre Equip. 6s '40 754 7
General Theatre Equip. 6s '40 ctf 654 654
Loew's 6s '41 ww deb. rights 10254 10254
Paramount Broadway 554s '51 42%. 4254
Paramount F. L. 6s '47 5954 59
Paramount Publix 554s, '50 59 59
Pathe 7s '37 ww 9854 98
Warner Bros. 6s '39 wd 6054 S9%
Net
Close Change
754
654
10254
42%
59
59
98
60
+ 54
- 54
+ %
- 54
- 54
-154
- 54
Sales
900
200
1,200
1,000
600
4,800
100
4,900
800
100
1,600
Sales
200
2,300
Sales
4
1
5
10
2
6
7
12
< Purely
Personal ►
DOUGLAS FAIRBANKS left
by plane for the coast yesterday.
He expects to return east for the open-
ing of "The Private Life of Dor
Juan," which he made for London
Films while in England.
Leon Schlesincek, producer of
"Merrie Melodies" and "Looney
Tunes" for Warner-First National,
has changed his plans for leaving for
Hollywood today and will hop a plane
tomorrow.
Al Bondy leaves tomorrow for
Chicago, Detroit and Cleveland. He'll
be gone a week on business for Gen-
eral Electric shorts.
Budd Rogers returned yesterday
from New Bedford and Boston where
he attended funeral services for his
mother.
Peggy Coxklin, who is under con-
tract to Walter Wanger, is flying to
New York, where she will remain a
week.
Lolise Henry, who was recently
signed to a new M-G-M contract, gets
into town from the coast Sunday.
Fraxk O'Heron, recently made a
Radio producer, has acquired an un-
titled Rcpert Hughes original.
Barry Conners' play, "Applesauce"
has been purchased by Warners. Re-
lease title will be "Red Apples."
H. S. Kraft and Samuel Ornitz
have sold their "Frisco Fury" to Co-
lumbia for Jack Holt's use.
Sig Wittman of Universal leaves
today for Philadelphia, Pittsburgh and
Washington.
Mignon G. Eberhart's "Case of
the Dark Stairway" has been bought
by Warners.
Francis Lister has left for the
coast to plav in 20th Century's "Clive
of India."
M. A. Lightman leaves for his
home town today after three days
here.
M. H. Hoffman, president of Lib-
erty leaves for the coast Sunday.
Harold S. Bareford got back from
Washington yesterday.
Hal Roach is in town again.
Dissolve 3 RKO Units
Albany, Oct. 18. — J. Henry Walters,
attorney for RKO, has filed certificates
in the office of the secretary of state,
dissolving Flatbush Leasing Corp.,
Long Beach Theatre Corp. and St.
John Riviera Corp.
When reached yesterday, J. Henry
Walters stated the three companies
have become obsolete and are no
longer operating.
Golden a Colonel
Washington, Oct. 18. — Nate D.
Golden, chief of the M. P. Section of
the Department of Commerce, is the
latest appointment to the army of col-
onels on the staff of Kentucky Gov-
ernor Laffoon.
Columbia Changes Title
Hollywood, Oct. 18. — Columbia has
changed the title of "Death Flies
East." to "Mistaken Identity." Judith
Kendall has just completed the script.
The FIRST week was great, so
It was held over for a SECOND swell week-
Phenomenal business kept it a THIRD!
And now it stays for a FOURTH week!
A new record for talkies in the history of
Capitol, N. Y. It's the BIGGEST hit of the
year and M-G-M is thrilled with pride for-
mer)
HANG ON TO LEO
for the BIG THINGS of 1934-35!
While "Barretts" is setting new records throughout the country, "THE MERRY
WIDOW" is packing them in at its $2 Astor engagement on Broadway. And
soon comes Helen Hayes in "What Every Woman Knows," a truly great
motion picture. Leo marches on — and thousands of happy showmen with him.
-riday. October 19, 1934
MOTION PICTURE
DAILY
5
Mr. Lubitsch Complains
(Continued
discussion these gentlemen are
quite firm and business-like in
their effort to see that the sacri-
fices to be made for Art are made
by some one else.
It may further be explained to
Mr. Lubitsch that censorship
means a form of regulation im-
posed by law or by some other
exterior force. The industry's
Production Code is not censor-
ship. It is a free-will system
adopted by those several princi-
pal companies in relation to
which Mr. Lubitsch .is assumed
to be an employe, subject to such
reasonable rules and 'regulations
which his employers see fit to im-
pose. I do not know whether Mr.
Lubitsch was consulted on the
adoption of this system. Appar-
ently he was not. This is regret-
table because, while it does not
appear that he would have been
able to contribute either informa-
tion or opinions of value, still
were he consulted this would have
enabled him to learn something as
to what it is all about. As mat-
ters now stand he appears to be
quite ignorant as to what the
Production Code means and why
it was introduced. And why, it
may be added, it is being main-
tained with, incidentally, no help
whatsoever from Mr. Lubitsch.
The Production Code, Mr. Lu-
bitsch, is simply and plainly a
common-sense recognition of the
fact that mass entertainment must
be of a character that does not
seriously jeopardize the moral
standards of the public. Are we
to assume, Mr. Lubitsch, that you
stand on some imagined rights
which permit you to make enter-
tainment of a character which
tends to destroy public morality?
Or, perhaps, do you insist there
is no such thing as public mor-
ality?
A
The Production Code is essen-
tially nothing more than a rule
against introducing into motion
pictures anything reasonably cal-
culated to lower the moral stand-
ards of the average spectator. Do
you consider, Mr. Lubitsch, that
such a rule amounts to an unwar-
ranted invasion of your artistic
from page 1)
rights? Assuming that you wish
to continue indefinitely your
profitable connections with the
American industry you would be
well-advised to think twice be-
fore making the response to this
query which your lack of under-
standing of the subject might
prompt you to make.
Mr. Lubitsch tells the newspa-
pers of several classic works of
literature and the drama which
he assures them cannot now be
made into motion pictures on ac-
count of "this censorship." Mr.
Lubitsch does not know what he
is talking about. He says: "It is
impossible to touch most vital
subjects, to treat of them seri-
ously." He refers to marriage
and divorce as constituting the
most vital problems of contempo-
rary life and asserts that these
subjects cannot be dealt with
honestly.
Assuming Mr. Lubitsch does not
mean by "honestly and seriously"
the introduction for pornographic
purposes, and not legitimate dra-
matic purposes, of obscene and
indecent material his attention
may be invited to the fact that
there is nothing whatsoever in
the Production Code against the
making of pictures based on these
subjects. While there must be
admitted to be incidents and
facts of life which are not fit for
theatrical treatment, the Produc-
tion Code places no ban against
the honest, serious and legitimate
handling for theatrical purposes
of any decent subject. Neither
does it place a ban against the
proper handling of these various
classic novels and plays which
Mr. Lubitsch complains he is not
now permitted to make.
Mr. Lubitsch's complaint to the
newspapers is untrue and de-
structive. It is untrue because it
misrepresents the meaning and
effect of the Production Code. It
is destructive because it betrays
to a public opinion which is
aroused over past delinquencies
of Hollywood an ignorance of the
subject where knowledge of it has
been assumed and a rebellious
attitude where a good faith per-
formance has been promised.
BlumenthaPs
Part in Fox
Met Detailed
(Continued from page 1)
of $4,000,000 against the latter, based
bn the stock ownership. Palmer is
endeavoring to have the Fox The-
atres reorganization petition dis-
missed on the grounds of bad faith,
±arging that it represents an attempt
on the part of outside interests to
realize on Fox Met assets and could
not succeed if the petition were dis-
missed.
Blumenthal admitted that he had
made a "gift" of his $350,000 claim
against Fox Theatres to his sister,
Miriam Rogers of Boston. The claim
was based on a commission Blumen-
thal alleged was due him for serv-
ices in connection with the planned
acquisition for Fox of a theatre
site in Boston. Palmer drew from
Blumenthal the admission that he had
discussed the possibilities of a reor-
ganization of Fox Theatres with his
sister's attorneys in Boston, with Er-
nest W. Nivers and Alvin J. Schlosser
of Halsey, Stuart & Co., with vari-
ous creditors of Fox Theatres whom
he said he could not remember, and
with an attorney associated with Na-
than Burkan. The petition for reor-
ganization of Fox Theatres was joined
subsequently by Blumenthal's sister,
who identified herself as a creditor
of the corporation on the basis of the
claim assigned to her by Blumenthal.
Asked Whether He Would Profit
Asked by Palmer if ex-Judge
Charles Kelby, counsel for Blumen-
thal's sister, had told him, Blumen-
thal, that he "could get some money
out of a reorganization of Fox The-
atres," Blumenthal replied: "It wasn't
put as bluntly as that."
The hearing, in progress before Fed-
eral Judge Martin T. Manton, was ad-
journed until Monday after the court
'had ruled that the first of the claims
( of the Fox Theatres petitioners to
be examined was invalid. The claim
was that of Louis L. Seideman, the-
atre broker, and was based on a $35,-
■ 000 commission alleged to be due him
tfor services in connection with a New-
ark theatre deal in 1930. Felix Jen-
kins of the Fox legal staff and Otto
D. Koegel of Hughes, Schurman &
'Dwight, Fox attorneys, testified in
i connection with the disallowed claim.
While on the stand, Koegel pro-
I tested the line of questioning taken by
Kelby which, Koegel charged, would
force him to divulge evidence which
Fox Film has for suits against Wil-
liam Fox in connection with the Tri-
Ergon patents. Kelby's questioning
which Koegel objected to comprised
,,an attempt to disclose Fox Theatres'
I assets. Koegel testified that among
the assets is a suit by Fox Theatres
against William Fox for an account-
ing and a recovery of an indeterminate
amount, "probably $20,000,000," he
said. Fox Film has a similar suit
pending against William Fox, Koegel
said.
Hoblitzelle-Horwitz
To Build in Houston
Houston, Oct. 18.— An 1,800-seat
theatre with standard sized stage and
cooling system, sound equipment and
audiphones, will be erected by the
Hoblitzelle Interstate-Will Horwitz
interests in downtown Houston.
It will cost $650,000. A rental guar-
antee calls for $1,250,000 over a 30-
year period. Will Horwitz will be
manager of the new theatre.
This is the first important theatre
construction in Houston in nearly
seven years. The Hoblitzelle-Horwitz
interests announced they will build
three neighborhood theatres here as
soon as they have completed architects'
plans and leases. Hoblitzelle operates
three of the largest first runs here,
and Horwitz operates the three larg-
est subsequent runs.
Connecticut Wants
Films for Schools
Hartford, Oct. 18. — Producers may
be asked by the Connecticut State
Board of Education to release old
films for use in schools so pupils can
study them after seeing them for a
second time.
During the coming year film study
classes are to be introduced in all four
classes in the high schools of some
cities. Phases of the course will in-
clude the story element of pictures, the
mechanics and history of films, and
the part of players.
Allied Heads
Lay Congress
Campaign Plan
(Continued from page 1)
program for a Congressional inves-
tigation of the code. We have no argu-
ment against the NRA, but it is the
code we are objecting to.
"Further, we will carry our fight
on block booking to Congress in addi-
tion to the public."
It is understood that Allied mem-
bers will use their screens in attack-
ing block booking.
Col. H. A. Cole of Texas, Abram
F. Myers of Washington, and Jack
Lilly of Greenville, Texas, leave for
home today. H. M. Richey and J.
C. Ritter of Detroit may leave today
or tomorrow. Walter B. Littlefield
left for Albany yesterday.
The next eastern regional Allied
meeting will take place in Baltimore
on Nov. 19 with Littlefield as chair-
man. The next regular meeting of the
full board of directors will take place
some time in December in New Or-
leans.
Episcopalians Ask
Federal Film Rule
(Continued from page 1)
use his influence in obtaining the en-
actment of legislation.
In the discussion preceding the
adoption of the resolution the pro-
duction of objectionable pictures was
criticized by Bishops William T.
Manning of New York, Herbert
Logan Roots of Hankow, China, and
Ernest M. Stires of Long Island.
"Our name is being blackened in
all the countries in the world by sa-
lacious movies," commented Bishop
Manning.
"The American motion picture in-
dustry," said Bishop Roots, "is de-
stroying the good name of America in
the Far East, where censorship is not
effective. Films regarded as too in-
decent to be shown at home are shown
in China and Japan."
Bishop Stires asserted many unclean
films are given exhibition in states
not having censorship.
A resolution seeking the creation of
agencies within the church to work
with the Legion of Decency in puri-
fying the screen, although passed by
the church's House of Deputies yes-
terday, was sent back for revision
when Bishop Manning objected to it
as too weak.
Read Kendall to Marry
Hollywood, Oct. 18— Read Ken-
dall, one of Hollywood's best liked
columnists, and Jean Edwards, secre-
tary to Mel Shauer at Paramount,
have revealed their intention to wed.
The ceremony will take place some
time next month at the home of Gail
Patrick.
Ross in Hartford Palace
Hartford, Oct. 18. — Don Ross has
replaced William Fisher as manager
of the Palace. Fisher had been in the
post temporarily. Ross, a native of
St. Louis, comes here from Loew's,
Syracuse. He was with Warners for
two years.
I
MOTION PICTURE
DAILY
Friday, October 19. 1934
M-G-M, Warner Hit
Detroit Clearance
{Continued from page 1)
tone of Warners and M-G-M was that
protection was a matter of negotiation
between distributor and exhibitor and
all that the local board could do is
to set maximum clearance after deals
were closed.
H. M. Richey was the principal de-
fender of the plan and at various
times was called upon to interpret
some of the meanings of clauses and
provisions. He said he represented
Allied of Detroit with a membership
of 157 theatres. This, however, was
challenged by David Newman, who
owned one house, but said he repre-
sented 40 others.
Because of the vagueness of many
of the provisions, it is highly likely
the plan will be sent back for clarifi-
cation. Richey declared that most of
the provisions contained in the sched-
ule have been in use for the past 12
years. When the question of theatre
policy came up, Edward Golden,
chairman of the appeal committee, at-
tacked this as a violation of one of the
12 principles laid down by Campi in
setting up schedules.
Sees Conditions Different
Richey at this point took exception
to the principles, declaring that the
rules laid down for clearances in San
Francisco cannot in all instances apply
to Detroit because of different local
conditions. He also added that less
than 20 key Detroit houses objected
to the plan in toto. Ray Moon, rep-
resenting 37 theatres in Cooperative
Booking Circuit, said that the 20
houses objecting to the plan comprise
the majority of revenue producing the-
atres.
I. Levinson of Warners asked that
all references other than to clearance
be eliminated from the plan immedi-
ately, but Golden decided to go ahead
and hear individual complaints. Wil-
liam Rodgers of M-G-M took issue
with a number of the clauses, stat-
ing that his company would be af-
fected considerably by their inclusion.
Edward Kirschner of the Family,
Detroit, objected to the provision for
changing admissions after 6 P. M.
He said he now charges one admis-
sion all day and if the clause stays
he will be set back three weeks on
pictures.
On the board in addition to Golden
were Gradwell Sears and Julius Char-
now.
George Trendle of United Detroit
Theatres stated he was in favor of
the plan. Other exhibitors attending
were James C. Ritter, Adrian Rosen,
Sam Brown and a group of Allied of-
ficers, including Abram F. Myers,
Walter B. Littlefield, Col. H. A. Cole
and Sidney Samuelson. Jack Price of
Price Premiums attended because of
a provision anent premiums. David
Barrist also was on hand. About
20 Detroit exhibitors listened to the
arguments.
Cantor, Nizer, Lubitsch
Enliven Ampa 'Tower Day9
More than 200 turned out for "Tower
Day" at the Ampa yesterday. All
branches of the industry were repre-
sented— press agents, the trade press,
executives, producers, directors and
players. It was a field day for the
players, and Louis Nizer.
Nizer introduced Eddie Cantor as
a man with "eyes penetrating, yet in-
effably sad; a roguish nose, a little
turned up at the end ; a mercurial body,
and, added to his physical abilities,
a mental nimbleness."
And Cantor responded by saying
that he wished Ida (Mrs. Cantor)
could have heard it, "because she is
a Clark Gable fan and thinks I have
no sex appeal." He added that he had
thought the mercurial part of his
makeup was a secret.
Then he offered to answer ques-
tions. Somebody asked him to talk
about Samuel Goldwyn.
"I'm really not a picture man,"
Cantor explained, "so I shouldn't talk
about Goldwyn. In fact, he has often
told me I'm no picture man and I
shouldn't butt in.
"He's a great personal comedian,"
Cantor continued confidentially, "but
he doesn't let his personal comedy get
into his pictures. That's why they're
good."
Then he switched to Rubinoff —
again confidentially.
"People often ask me why I knock
him. It's good business. He has mil-
lions of friends, and when I knock him
over the radio they switch off and go
out and drink another cup of coffee.
Rubinoff is a fine fellow, though. He's
the kind of a guy who will stick a
knife in your back and then have you
arrested for carrying concealed wea-
pons."
Cantor Hits Radio Critics
Between questions he said Catherine
McNelis, head of Tower Publications,
was doing "a great job."
In reply to one question he said most
of the radio critics did not know their
jobs. "What I object to," he said,
"is the racketeering among some of
them."
One curious individual wanted to
know what was the matter with the
last drop of a well-known brand of
coffee. He replied that when dated
coffee ran out of date it was sold to
this firm and age may have some-
Nazis Bar Stars
Berlin, Oct. 18.— Two of
Germany's most popular film
stars have been barred from
appearing in future produc-
tions. One, Adolph Wohl-
breuck, was barred on the
ground that he was non-
Aryan; another, Paul Hoer-
biger, for making indiscreet
remarks about the Nazi re-
gime during a private conver-
sation.
thing to do with it. Just an old Can-
tor gag.
Chaplin, he said, replying to another
question, makes pictures only once
every two or three years so he will
not have to take Uncle Sam in as a
silent partner on the income.
In a serious vein he said he was
glad his pictures were barred in Ger-
many "because I don't want to make
people laugh who make my people
cry."
Ernst Lubitsch, one of the first in-
troduced, said he couldn't tell any
funny stories, because he had told them
to Cantor the day before and had re-
hearsed them with him.
Nizer introduced Charles MacArthur
and Ben Hecht together, because,
"under the New York state law, col-
laborators cannot be separated."
MacArthur said a few words into
the microphone, but Hecht was silent.
"Now you see how we collaborate,"
added MacArthur.
The Duncan Sisters sang two num-
bers; Edith Murray, CBS artist, con-
tributed a song; Ernie Kaufman, radio
singer, rendered a selection and did
an excerpt from one of his sketches
and Ginger Rogers, Harry Hershfield,
Claire Trevor, Regis Toomey, and
others took bows. Elsie Janis told a
story.
Miss McNelis said that five years
ago when Tower magazines were
started she would have been embar-
rassed by "such a gathering of ce-
lebrities and might not have had cour-
age to proceed. Now I am gratified."
She promised a "bigger and better"
issue of ATczi> Movie with the next
Cuba Is Gaining,
States Dave Lewis
Since formation of the new coalition
government and subsequent increased
confidence in the political and eco-
nomic situation, theatre business in
Cuba has considerably improved, Dave
Lewis, administrator of the M-G-M
exchange there, stated yesterday. Up
to last January business was very bad,
but the future is more promising for
theatres than it has been in the last
nine months, he said.
The reciprocity tariff between the
U. S. and Cuba has worked very fa-
vorably for the latter country, the
U. S. reducing import duties on sugar
from two cents a pounds to nine-tenths
of a cent on a quota of 2,000,000 tons
annually, Lewis declared. He also
added that Cuba is getting a break in
the tobacco and other main industries
from the U. S.
As a result, economic conditions in
Cuba should show tremendous im-
provement, which will be reflected in
theatre attendance, he stated. About
350 American pictures are imported
annually. There are 150 wired and
75 silent theatres opened and 175
closed. There are some silent houses
which are opened one day a week. The
two first runs in Havana are the Na-
tional and Encanto.
Lewis is here on a vacation and
leaves for his headquarters in about
a week. He plans to drive to Key
West and from there take a boat for
Havana when he returns.
Dave Gould, head of M-G-M's office
in Puerto Rico, asserted that in his
territory 86 of 126 houses are in
operation.
Decide Two Zoning
Cases; Hold Third
Decisions were handed down in two
clearance and zoning cases and one
reserved by the New York code board
yesterday. In the complaint filed by
the Maplewood, Maplewood, N. J.,
against Warners' Cameo, South
Orange; Millburn, Millburn; San-
ford, Irvington, and Stanley, New-
ark, the decision was withheld in order
to give the board time to investigate.
On the protest of the Washington,
Washington, N. J., against the Music
Hall, Clinton, and State and Em-
bassy, Easton, Pa., the board held
that it had no jurisdiction over this
territory, since the clearance and zon-
ing schedule for the Philadelphia ter-
ritory had already been set up. The
Washington wanted the theatre zoned
in New York.
In the case of the Liberty, Free-
hold, N. J., against Walter Reade's
Asbury Park houses, the board de-
cided that Reade's first run houses
have 14 days' protection and his sec-
ond houses have none. The board also
insisted that Reade select his first run
product within the next three weeks
so that Freehold can book his pictures
accordingly.
Cantor Praises Code
Work of Rosenblatt
Praise for Division Administrator
Sol A. Rosenblatt's efforts in straight-
ening out the coast situation affecting
actors was given yesterday by Eddie
Cantor. The star also held favorable
the results of the code in Hollywood.
He said:
"Rosenblatt has done a good job
on the actors' situation and those that
needed the work most are being taken
care of," he stated. "I think the code
is serving a good purpose in that it
helps everyone."
Cantor is a member of Campi's stu- I
dio labor committee and asserted he J
had a lot to do with setting up the
code on the coast. He leaves for
London on Dec. 1.
'Aran" Draws Crowd
At Criterion Debut
(Continued from page 1)
Flaherty and which was accorded the
Mussolini gold cup.
Broadway got a different sort of
thrill with the unexpected and un-
heralded appearance of an Irish bag-
pipe band atop of the theatre marquee.
Described as the only one of its kind
in America, the instruments shrilled
their music across Times Square and
drew a sizable crowd of onlookers.
"Tiger" King, Maggie Dirrane and
Michael Dillane, who play the leads,
appeared in a symbolic prologue dur-
ing which Miss Dirrane sang ancient
Gaelic songs in the original. Off-
stage accompaniment on a piano was
provided by Dr. Henry Cowell, di-
rector of musical activities at the New
School of Social Research.
The Gaumont-British executive per-
sonnel, including Mark Ostrer,
Michael Balcon, Jeffrey Bernerd, Ar-
thur Lee and the company's publicity
staff, headed by A. P. Waxman, were
present in force as were top executives
of other distributing organizations.
Gaumont Engages Donat
Gaumont British has signed Robert
Donat, currently appearing in "The
Count of Monte Cristo," to star in a
couple of films, the first to be John
Euchan's "Thirty-Nine Steps."
Dismiss Duluth Protest
Minneapolis, Oct. 18. — The J. B.
Clinton zoning protest against Publix
at Duluth has been dismissed by the
clearance and zoning board.
IMPORTANT ADVANCE
INFORMATION!
We urge you to screen at your first opportunity
HELEN HAYES in "WHAT EVERY WOMAN KNOWS."
This is truly one of the finest, sincerest, most
human pictures of our time* We suggest that your
advertising should take the form of a personal
recommendation* Tell your patrons that again you
advise them to attend a new Helen Hayes picture*
Tell them that their faith was justified when you rec-
ommended "Sin of Madelon Claudet*" You can go
on record emphatically in your approval of "WHAT
EVERY WOMAN KNOWS/; Remember, it is Sir James
M* Barrie's great play. In the cast, Brian Aherne
and Madge Evans* M-G-M is heartily proud of it!
n 935P ©CI 1* 1934
729 SEVENTH AVE rOlAJM&lA ""T^TTm
L-ABlie^A^EWENT HERE STOP up
CESSFUL ENGA°T10N SPLENDID
S OOoVvVOPK REGARDS
"X 's superb '/ a j „ Ar)other ar*~~i
"rt,- • unner- UD on '/ .
10
MOTION PICTURE
DAILY
Friday, October 19. I
66
U" Scores
News Scoop
On Broadway
(Continued from page 1)
to the M-G-M exchange, this was the
first delivery made in New York.
Fox Movietone went further than
the others with a total clip of 600
feet and Lowell Thomas handling the
narrative. Its first showing was at
the Embassy at 6 :30. E. M. May, as-
sistant manager of the latter house,
thus found all the reels on his hands.
He said decision had been made as
to which would be retained for shows
starting today, but added that prob-
ably Fox Movietone would emerge as
the victor in that sector.
Paramount News last night ad-
vanced the claim that its clips would
blanket the United States "in less than
24 hours." The reel assumed full
credit for a scoop in distribution and
maintained that principal out-of-town
points were being served by air. In
this classification were cited Philadel-
phia, Washington, Boston and Pitts-
burgh.
As is usual on big newsreel events,
conflicting claims yesterday probably
will result in a mild deluge of addi-
tionally conflicting statements today.
Careful check instituted by Motion
Picture Daily, however, indicated
clearly that it was Universal which
first reached Broadway, although its
actual clips of the assassination were
photographed with a silent camera.
Exact footage and a complete descrip-
tion of each shot had been cabled in
advance. With this data, McNamee
was enabled to prepare and have re-
corded his narrative before the film
was hurried from the decks of the
Washington yesterday morning for
the laboratory.
"Bachelor," Show,
Providence Leader
Providence, Oct. 18.— The RKO
Albee, spotting "Once to Every Bach-
elor" and a snappy revue, managed to
catch the big take of the week, $8,100,
which is $1,100 over average.
The Majestic and Strand had aver-
age weeks, with Loew's taking a nose
dive with "Outcast Ladv" and "That's
Gratitude." Only $7,300 resulted.
Total first run business was $38,200.
Average is $40,500.
Estimated takings for the week end-
ing Oct. 11:
"OUTCAST LADY" (U. A.)
"THAT'S GRATITUDE" (Col.)
LOEW'S STATE— (3,800), 15c-40c, 7 days.
Gross: $7,300. (Average, $12,000)
"A GIRL OF THE LIMBERLOST"
(Monogram)
"YOUNG AND BEAUTIFUL" (Mascot)
STRAND— (2,300), 15c-40c, 7 days. Gross:
$6,700. (Average, $6,500)
"ONCE TO EVERY BACHELOR"
(Mascot)
RKO ALBEE— (2,300), 15c-40c, 7 days.
Aristocracy Revue on stage. Gross: $8,100.
TAverage, $7,000)
"A LOST LADY" (F. N.)
FAY'S— (1,600), 15c-40c, 7 days. "Shuf-
fle Along" on stage. Gross: $7,900. (Aver-
age, $7,000)
"DESIRABLE" (Warners)
"CASE OF THE HOWLING DOG" (War.)
MAJESTIC— (2,400), 15c-40c, 7 days.
Gross: $7,000. (Average, $7,000)
"DOWN TO THEIR LAST YACHT"
(Radio)
"CHEATERS" (Col.)
RKO VICTORY — (1,600), 10c-25c, 4 days.
Gross: $1,200. (Average, $1,000)
Looking 'Em Over
"The Man of Aran"
(Gaum-ont British)
"The saga of a man whose only master was the sea," is the keynote
behind Gaumont British's advertising campaign for this picture, pro-
duced and directed by Robert J. Flaherty, whose "Nanook of the North"
has not been dimmed by the years. That line tells the story of "The
Man of Aran."
Inhabitants of small, rock-creviced islands off the west coast of Ire-
land, what you get here is a page torn from the daily lives of the Spar-
tan inhabitants who seek to eke their living from a land which breathes
back only defiance. They scour the rocks for soil which brings them
potatoes ; they hunt the seas for the basking shark which gives them
oil for their lamps throughout long, treacherous and grueling winters;
they fight the ocean which surrounds them and never relents.
That's all there is to the story. But "The Man of Aran" is so funda-
mentally true, as basic as the very elements which play so powerful
a part in the telling of this simple, yet rugged, story that it grips and
holds and creates an emotional impact often as crashing as the murder-
ous seas which smash their way across the screen.
Flaherty directed. He also photographed this picture with results
recorded on celluloid that are as breath-taking and as vivid as they are
frightening. In their natural manner, the principals — "King" Tiger,
Maggie Dirrane and the boy, Michael Dillane — are charming, un-
affected and, therefore, effective.
Here is a distinctive picture, far off the beaten track pursued by the
average film labeled Hollywood. How it will fare is a question. Un-
fortunately so. It deserves praise, a break and success.
Reviewed without a production seal, the production as caught at the
Criterion last night ran 75 minutes. K A N N
MOTION PICTURE DAILY*
HOLLYWOOD PREVIEW
White Parade"
(Jesse L. Lasky-Fox)
Hollywood, Oct. 18. — That completely beauteous creature, Loretta
Young, evidences mature star power in this heart-stirring play which
Jesse L. Lasky has produced with box-office sagacity. Irving Cummings'
sympathetic direction wins him the right to be included in the select
inner circle of directors for purveying this entertainment so fragile with
tears and trembling with laughter.
Depicting the collegiate training of nurses from probation to gradu-
ation, it wisely omits any clinical and surgical scenes, concentrating on
the dreams, ambitions, heartaches, romances, humor, drama and the
service ideals of the schools and the girls. Intimate scenes in the
dormitories and hospital pluck the emotions.
Nurse Young loves a rich polo player, John Boles. Despite his ardor
and promise of security, she foregoes romance to follow the lamp of
Florence Nightingale.
Production values and Arthur Miller's camera work are topnotch.
Bole's portrait is restrained and personable. The supporting cast gives
fine performances, particularly Muriel Kirkland, Jane Darwell, Astrid
Allwyn, Joyce Compton and Sara Haden. Even a small part by Jean
Barnes stands out.
The film reflects credit on Rian James' story and the screenplay by
Sonya Levien and Ernest Pascal with adaptation by James as well as
Jesse L. Lasky, Jr. Interest is at all times sustained by a pervading
human note, thus making the characters real and genuine.
Showmen, by exploiting these human values with tender romance and
heart drama, should do big opening business and bigger business as the
news gets around. Production code seal, No. 346. Running time,
90 minutes.
"The Case of the Howling Dog',' Tuesday night's preview at the Rialto, was
reviewed by wire from Hollywood on Aug. 27.
"Have a Heart," new attraction at the Mayfair, was reviewed by zvire from
Hollywood on Aug. 13.
"Barretts" At
Top of Denver
List, $7,50(
Denver, Oct. 18. — "Barretts
Wimpole Street" did this city's
big first run business here, $7,
"The Count of Monte Cristo" was
only other attraction in town to si
up in the face of this competitio:
took $3,000, up by $500, at the All
Total first run business was $22,
Average is $20,500.
Estimated takings for the week end
ing Oct. 11 :
"COUNT OF MONTE CRISTO" (U.A.
ALADDIN— (1,500), 25c-35c-SOc, 7 dayi
2nd week. Gross: $3,000. (Average, $2,500
"CRIME WITHOUT PASSION" (Para.
DEN HAM — (1,500), 25c-35c-50c, 7 dayi
Cross: $3,000. (Average, $4,000)
"THE BARRETTS OF WIMPOLE
STREET" (M-G-M)
DENVER— (2,500), 25c-35c-50c, 7 dayi
Gross: $7,500. (Average, $6,000)
"THE DRAGON MURDER CASE" (F. N.
ORPHEUM— (2,600), 25c-35c-50c, 7 dayi
Gross: $5,500. (Average, $6,000)
"JUDGE PRIEST" (Fox)
PARAMOUNT — (2,000), 25c-40c, 7 dayi
Gross: $3,000. (Average, $3,000)
Screen Must Look
To Youth — Warner
(Continued from Page 1)
to students in film and other courses
in the country's educational institu-
tions who show high proficiency ir
their studies.
Asserting that the industry does not
resent criticism when deserving of it
Warner declared that the motion pic-
ture is a builder of good will through-
out the world, adding that the screen
has done a great deal toward selling
of American merchandise abroad.
Warner said that the screen, besides
entertaining, is important as a teacher
of morals in that by revealing the
wrong it teaches the right in the same
way the Bible does.
Warner declared a producer cannot
succeed unless in selecting his stories
he can gauge today the public taste of
tomorrow. A story must be seen
through the eyes of the people the
producer is seeking to reach, he added.
Successful pictures must possess
something that will appeal to the
public, Warner asserted. Before pro-
duction is started, he asserted, the pro-
ducer must visualize mass appeal and
must consider that people are not alike
in all communities of the country.
According to Warner, film-goers are
no longer willing to accept what is
thrown to them. He said today people
are shopping for their entertainment.
A film must depend on more than
its lavishness for success, Warner
asserted.
S. Charles Einfeld and Stuart Mac-
Donald were present from the home
office.
Arrest Eleven Pickets
Eleven war veterans picketing the
Mayfair, Globe and Central theatres
were paroled by Magistrate Earl A.
Smith in Night Court yesterday for
a hearing Wednesday in West Side
Court after they had been arrested
earlier in the day for allegedly block-
ading traffic by their activities. The
men are members of the M. P. Opera-
tors' Union.
UNIVERSAL
FIRST ON BROADWAY
[On The Screen at 11:35 A. M. Yesterday]
FIRST IN AMERICA
WITH ACTUAL SCENES OF
THE ASSASSINATION OF
KING
ALEX AN
Mm mm mm JRl M W
To a world yearning for j^.^*****?-***. comes this |
AMAZING PERSONALITY!
To a nation eager for !&£t£&*- comes this
STARTLING DRAMA!
Too beautiful to escape men's caresses . . too innocent to fathom their intrigu
her face haunted the thoughts of those who coldly used her loveliness
for their own sinister ends . . in the danger zone of world intrigue !
Produced by Winfield Sheehan • Directed by Henry King
Screen play by Reginald Berkeley • Based on a novel by Jacques Deval
MOTION PICTURE
DAILY
14
"Barretts" Is
$20,000 Wow,
Philadelphia
Philadelphia, Oct. 18.— "The Bar-
retts of Wimpole Street" spelled
money last week for the Boyd, knock-
ing off a magnificent $20,000. It was
held.
Other top-notch grosses sent the
totals rising. "Judge Priest" stuck to
$19,000, together with the popular con-
cert stage show idea at the Fox- Nor-
mally, would have been plenty to hold,
but with product damming up the
picture was let go. The Earle, with
"Big Hearted Herbert" and Ben Ber-
nie nabbed $18,500. "The Last Gen-
tleman" started profitably at the Al-
dine, but not so big as previous films
arid will probably not complete a
second week. "Now and Forever"
didn't live up to the Shirley Temple
expectations at the Stanley, though it
is figured for a neighborhood mop-up.
It will get a second downtown run at
the Karlton.
Total first run business was $94,150.
Average is $73,500.
Estimated takings for the week end-
ing Oct. 11 :
"HIDEOUT" (M-G-M)
(2nd run)
ARCADIA— (600), 25c-35c-50c, 5 days.
Gross: $1,750. (Average, 6 days, $2,400.)
"THE LAST GENTLEMAN" (U. A.)
ALDINE — (1,200), 40c-S5c-65c, 6 days.
Gross: $10,000. (Average, $7,500.)
"BARRETTS OF WIMPOLE STREET"
(M-G-M)
BOYD — (2,400), 40c-55c-65c, 6 days. Gross:
$20,000. (Average, $12,000.)
"BIG HEARTED HERBERT" (Warners)
EARLE— (2,000), 40c-55c-65c, 6 days.
Stage show with Ben Bernie and orchestra.
Gross: $18,500. (Average, $12,000.)
"JUDGE PRIEST" (Fox)
FOX— (3,000), 35c-40c-65c, 2nd week, 6
days. Stage show with concert stars, in-
cluding Adelaide de Loca, Douglas Stans-
bury, Kan Peerce, Viola Philo. Gross:
$19,000. (Average, $12,000.)
"THE FOUNTAIN" (Radio)
(2nd run)
KARLTON— (1,000), 30c-40c-50c, 6 days.
Gross: $2,900. (Average, $3,500.)
"CARAVAN" (Fox)
LOCUST— (1,300), 55c-$1.10, 2nd week, 6
days. Gross: $5,500. (Average, $7,000.)
"NOW AND FOREVER" (Para.)
STANLEY— )3.700), 40c-55c-65c, 6 days.
Gross: $10,500. (Average, $12,000.)
"AGE OF INNOCENCE" (Radio)
STANTON— (1,300), 30c-40c-55c, 6 days.
Gross: $6,000. (Average, $6,000.)
"Wake Up," Band,
Lead in Oklahoma
Oklahoma City, Oct. 18— The
Liberty scored again here last week,
going to $2,500 on "Wake Up and
Dream," with Carleton Cook and his
orchestra on the stage for four days.
The take was over normal by $500,
and was the only first run in the city
to exceed par.
Total first run business was $12,500.
Average is $13,500.
Estimated takings for the week end-
ing Oct. 13:
"MADAME DU BARRY" (Warners)
CRITERION— (1,700), 10c-20c-36c-41c-56c,
? days. Gross: $3,000. (Average, $5,000)
"CASE OF THE HOWLING DOG" (War.)
MIDWEST — (1,500), 10c-26c-36c-56c, 7
days. Gross: $3,000. (Average, $4,000)
"GIFT OF GAB" (Univ.)
CAPITOL— (1,200), 10c-20c-26c-36c-41c, 7
days. Gross: $2,500. (Average, $2,500)
"WAKE UP AND DREAM" (Univ.)
LIBERTY — (1,500), 10c-15c-26c-36c, 4 days.
Carleton Coon and orchestra on stage.
Gross: $2,500. (Average, $2,000)
"HELL CAT" (Col.)
LIBERTY— (1,500), 10c-15c-26c-36c, 3 days
Gross: $1,500. (Average week, $2,000)
"Wimpole" at
$46,000 2nd
Capitol Week
"Barretts of Wimpole Street" con-
tinued to be the outstanding attraction
on Broadway in its second week, and
it is scheduled for a fourth, the first
at the Capitol since the silent days.
The second week take was $46,000.
Two other holdovers were still go-
ing strong. "The Count of Monte
Cristo" took $27,500 in its second
stanza at the Rivoli, and "Belle of
the Nineties" took $28,000 in its third
week at the Paramount.
"Power" was good, but not out-
standing, at the Music Hall, the gross
being $68,000. "Peck's Bad Boy" took
$29,000 in its first week at the Koxy
and was held.
Estimated takings :
Week Ending Oct. 9:
"COUNT OF MONTE CRISTO" (U. A.)
RIVOLI— (2,300), 40c-99c, 2nd week, 7
days. Gross: $27,500.
Week Ending Oct. 10:
"WAGON WHEELS" (Para.)
MAYFAIR— (2,300), 35c-65c, 7 'lavs.
Gross: $11,000.
"POWER" (Gaumont British)
RADIO CITY MUSIC HALL— (5.945),
35c-$1.65, 7 days. Stage S'low. Gross:
$68,000.
Week Ending Oct. 11:
"BARRETTS OF WIMPOLE STREET '
(M-G-M)
CAPITOL— (4,700), 35c-$l.b5, 2nd week,
7 days. Stage show. Gross: $46,000.
"RICHEST GIRL IN THE WORLD"
(Radio)
PALACE— (2,500). 25c-75c, 7 davs. Vaude-
ville. Gross: $14,000.
"BELLE OF THE NINETIES" (Para.)
PARAMOUNT— (3,700), 35c-99c, 3rd week,
7 days. Gross: $28,000.
"PECK'S BAD BOY" (Fox)
ROXY— (6,200), 25c-55c, 7 days. Stage
show. Gross: $29,000.
"A LOST LADY" (Warners)
STRAND— (2,000), 25c- 55c, 7 days. Gros«:
$18,700.
Week Ending Oct. 16:
"OUR DAILY BREAD" (U. A.)
RIALTO— (2,300), 25c-63c, 2nd week, 7
days. Gross: $10,000.
"Night," Montreal
Draw with $8,000
Montreal, Oct. 18.— The Canadian
Thanksgiving Day on Oct. 8 fitted
nicely into the theatre picture here.
There was one holdover, "One Night
of Love," at the Princess, with a take
of $8,000 for the second week and a
resultant extension to a third week.
Seven days of "Cleopatra" at the
Palace brought $13,000, while the
combination of "Death on the Dia-
mond" and Rae Samuel's "Cocktail
Hour" stage show cashed in to the
same amount.
Total business was $48,000. Aver-
age is $43,000.
Estimated takings
"CARAVAN" (Fox)
"THE HUMAN SIDE" (Univ.)
CAPITOL— (2,547), 25c-35c-40c-50c-60c, 7
days. Gross: $10,500. (Average, $9,000.)
"SCOTLAND YARD MYSTERY" (Fox)
"SHE WAS A LADY" (Fox)
IMPERIAL— (1,914), 25c-40c-50c, 7 days.
Vaudeville acts. Gross: $3,500. (Average,
$6,500.)
"DEATH ON THE DIAMOND" (M-G-M)
LOEW'S — (3,115), 30c-40c-45c-57c-75c, 7
days. Stage: Rae Samuel's "Cocktail
Hour." Gross: $13,000. (Average, $10,500.)
"CLEOPATRA" (Para.)
PALACEr-(2.600). 34c-40c-5Oc-60c-75c, 7
days. Gross: $13,000. (Average, $11,000.)
"ONE NIGHT OF LOVE" (Col.)
"GIRL IN DANGER" (Col.)
PRINCESS — (2,272), 30c -35c -50c -65c, 7
days. Gross: $8,000, 2nd week. First week:
$8.finO. (Average. $6,000.)
One-Man Unit
Hollywood, Oct. 18. — Joseph
Santley is a one-man pro-
ducing unit.
Santley first did the origi-
nal of "Million Dollar Baby"
for Monogram. Then he
penned the screen play and
wrote the lyrics and music
for two songs and finally he
will direct the film.
He is thinking of playing
the leading role.
"Wimpole" Is
Los Angeles
Wow, $23,000
Los Angeles, Oct. 18. — With fair
attractions and favorable weather,
grosses gained considerably over the
week before. "Barretts of Wimpole
Street" lifted Loew's State close to
a record with a gross of $23,000.
Normal for the house is $14,000.
"Mrs. Wiggs of the Cabbage
Patch" topped par by $3,775 with a
gross of $21,775 at the Paramount.
A dual, "One Exciting Adventure"
and "Love Time," was strong at
Pantages.
Total first run business was $70,475.
Average is $69,200.
Estimated takings for the week end-
ing Oct. 17:
"BARRETTS OF WIMPOLE STREET"
(M-G-M)
LOEW'S STATE— (2,413), 30c-55c, 7 days.
Gross: $23,000. (Average, $14,000)
"MRS. WIGGS OF THE CABBAGE
PATCH" (Para.)
PARAMOUNT— (3,595). 30c-55c, 7 days.
Stage: Rube Wolfe and his orchtstra, F. &
M. revue. Gross: $21,775. (Average, $18,000)
"MADAME DU BARRY" (Warners)
RKO— (2,700), 25c-65c, 7 days. Gross:
S5.200. (Average. $8,000)
"MADAME DU BARRY" (Warners)
WARNER BROS. (HOLLYWOOD) —
(3.000), 25c-65c, 7 days. Gross: $9,200.
(Average, $14,000)
"THE CASE OF THE HOWLING DOG"
(Warners)
WARNER BROS. (DOWNTOWN) —
(3,000). 25c-40c. 7 days. Gross: $7,500.
(Average. $12,000)
"ONE EXCITING ADVENTURE" (Univ.)
"LOVE TIME" (Fox)
PANTAGES— (3.000). 25c-40c, 7 davs.
Gross: $3,800. (Average, $3,200)
Seattle to Have Club
Seattle, Oct. 18. — A new social
club to be established in the New
Washington Hotel here, near Film
Row, is now in the process of or-
ganization. Film exchange member-
ships will be handled by a commit-
tee headed by Neal East, manager of
the Paramount exchange. Theatre
division members will be enlisted by
a committee under the direction of
Al Rosenberg.
Cincy Variety to Move
Columbus, O., Oct. 18. — The local
Variety club, known as Tent No. 2,
will vacate its present quarters in the
Deshler Wallick, and move into an
elaborate suite of rooms at the Neil
Hotel in about 60 days.
Goldstein Heads Club
Gloversvtlle, N. Y., Oct. 18. — Louis
Goldstein, chief booker of the Schine
circuit, has been elected president o(
tWe Schiners' Club for 1934-35.
Friday, October 19, 1934
"Barretts" Is
Seattle High
With $8,000
Seattle, Oct. 18. — "Barretts cl
Wimpole Street" was the only strong
attraction in town last week. It took
$8,000 at the Fifth Avenue, going $1.-
000 over the profit line in its second
week.
"The Count of Monte Cristo" took
a good $4,200 at the Blue Mouse, but
apparently the other first runs couldn't
stand the competition. Total first run
business was $29,150. Average is
S3 1,000.
Estimated takings for the week end-
ing Oct. 6:
"COUNT OF MONTE CRISTO" (U. A.)
(Second Run)
BLUE MOUSE— (950), 25c-40c-55c, 7 days.
Gross: $4,200. (Average, $4,000)
"BARRETTS OF WIMPOLE STREET'
(M-G-M)
FIFTH AVENUE — (2,450), 25c-40c-55c, 7
days, 2nd week. Gross: $8,000. (Average,
first week, $7,000)
"BLACK MOON" (Col.)
"BLIND DATE" (Col.)
LIBERTY— (1.800), 10c-15c-25c. 7 days.
Gross: $3,600. (Average, $4,000)
"A LOST LADY" (F. N.)
"WAKE UP AND DREAM" (Univ.)
MUSIC BOX — (950), 25c-35c-50c, 7 days.
Gross: $3,250. (Average, $3,500)
"AGE OF INNOCENCE" (Radio)
MUSIC HALL— (2,275), 25c-40c-55c, 7 days.
Gross: $4,900. (Average, $6,500)
"DEATH ON THE DIAMOND" (M-G-M)
PARAMOUNT— (3,050), 25c-35c, 7 days.
"The Drunkard" on stage. Gross: $5,200.
(Average, $6,000)
Rogers Is $6,000
Indianapolis Hit
Indianapolis, Oct. 18. — "Judge
Priest" was a sensation here last week
It went over normal by $3,500 for a
total gross of $6,000 at the Apollo in
its second week.
In spite of the terrific draw of the
Rogers film "One Night of Love"
pulled a big S10.000, up by $3,000, at
the Indiana, and "The Last Gentle-
man" was strong at $5,000 at the
Palace.
Total first run business was $32,000.
Average is $26,000.
Estimated takings for the week end-
ing Oct. 13:
"JUDGE PRIEST" (Fox)
APOLLO— (1,171), 25c-40c, 2nd week.
Gross: $6,000. (Average, $2,500)
"THE DRAGON MURDER CASE" (F. N.)
CIRCLE— (2,638), 25c-40c, 7 days. Gross:
$4,000. (Average, $4,000.)
"ONE NIGHT OF LOVE" (Col.)
INDIANA— (3,133), 25c-40c, 7 days. Gross:
$10,000. (Average, $7,000)
"BIG HEARTED HERBERT" (Warners)
LYRIC— (1,896). 25c-40c, 7 days. Vaude-
ville. Gross: $7,500. (Average, $8,000)
"THE LAST GENTLEMAN" (U. A.)
PALACE— (2,431), 25c-40c, 7 days. Gross:
$5,000. (Average, $4,500)
Tobacco Film Ordered
Audio Prod, has signed a contract
with the Brown & Williamson To-
bacco Corp. of Louisville to produce
a black and white cartoon subject,
using a penguin as the central charac-
ter. This is the trade mark of Kool
cigarettes. The picture is to be shown
from traveling trucks.
'Pimpernel' Is Completed
London, Oct. 18. — Work has been
completed at Elstree on "The Scarlet
Pimpernel," London Films production
to be released through United Artists.
Iday, October 19, 1934
MOTION PICTURE
DAILY
15
(Chained" Is
Best Draw As
Chicago Dips
Chicago, Oct. 18. — Loop houses
bwed the effects of dwindling fair
jsses. "Chained" made the best
jwing of the first runs by getting
5,000, over the mark by $4,000, at
e Roosevelt.
'Ladies Should Listen" was strong
$17,000, up by $2,000, at the Orien-
, and "Girl From Missouri" took
5,000 at the Chicago, but all other
ruses were either average or below.
Total first run business was $132,-
0. Average is $131,600.
Estimated takings :
Week Ending Oct. 8:
"CHAINED" (M-G-M)
ROOSEVIELT— (1,591), 25c-35c-50c, 2nd
•ek, 7 days. Gross: $16,000. (Average,
,000)
Week Ending Oct. 11:
•GIRL FROM MISSOURI" (M-G-M)
CHICAGO— (4,000), 25c-35c-68c, 7 days.
age: Guy Kibbee, Ritz Bros., Evans
.mcing Girls. Gross: $35,000. (Average,
rt.uOO)
3EATH ON THE DIAMOND" (M-G-M)
GARRICK— (900), 25c-35c-40c, 7 days,
-oss: $5,000. (Average, $5,000)
LADIES SHOULD LISTEN" (Para.)
ORIENTAL— (3,940), 25c-40c, 7 days,
age: Alice Faye, Art Kahn & Bob No-
ll, Lamberti, Ted Cook band. Gross:
•j.OOO. (Average, $15,000)
"THE FOUNTAIN" (Radio)
PALACE— (2,509), 25c-35c-50c, 7 days,
age: Aileen Stanley, The Ritter Troupe,
red Sanborn and others. Gross: $22,000.
Werage, $22,000)
Week Ending Oct. 12:
"THE LAST GENTLEMAN" (U. A.)
j 1'XITED ARTISTS— (1,700), 30c-40c-60c,
It 1 week, 7 days. Gross: $11,000. (Average,
7,000)
BELLE OF THE NINETIES" (Para.)
(Fourth Loop Week)
APOLLO— (1,400), 25c-35c-50c, 7 days,
ross: $12,000. (Average, $12,000)
Week Ending Oct. 13:
"CALL IT LUCK" (Fox)
STATE- LAKE— (2,776). 20c-25c-35c, 7
ays. Stage: Armida in person and vaude-
ille. Gross: $14,000. (Average, $15,000)
'Belle" Big Draw
In Omaha, $10,200
Omaha, Oct. 18.— "Belle of the
■,'ineties" packed 'em in from the start
i its seven-day run at the Para-
lount, the gross going up to $10,200
in the week. This is over normal by
2.200.
"Judge Priest" and "There's Al-
ways Tomorrow" on a dual at the Or-
heum were also over par by $2,200
n a $9,700 take. Another dual, "A
-ost Lady" and "Among the Miss-
:ig," was strong at $4,000 in the
irandeis.
Total first run business was $27,-
00. Average is $22,500.
Estimated takings :
Week Ending Oct. 10:
"WAKE UP AND DREAM" (Univ.)
'MILLION DOLLAR RANSOM" (Univ.)
WORLD — (2,200), 25c-40c, 7 days. Gross:
3,500. (Average, $3,500)
'BELLE OF THE NINETIES" (Para.)
PARAMOUNT — (2,800), 25c-40c, 7 days.
..ross: $10,200. (Average, $8,000)
Week Ending Oct. 11:
"A LOST LADY" (F. N.)
"AMONG THE MISSING" (Col.)
BRANDEIS — (1,500), 20c-25c-35c, 7 days.
..ross: $4,000. (Average, $3,500)
"JUDGE PRIEST" (Fox)
"THERE'S ALWAYS TOMORROW"
_ (Universal)
ORPHEUM— (3,000), 25c-40c, 7 days
..ross: $9,700. (Average, $7,500)
Rogers Lands $19 000 Over
Average and Leads 'Frisco
San Francisco, Oct. 18. — In a week
when no other first run grosses de-
veloped anything startling "Judge
Priest" ran up to $9,000 at the St.
Francis. This is $1,000 over average-
"The Count of Monte Cristo" took
a par $8,000 at the United Artists,
and "Caravan" was even with the line
at $11,000 in the Paramount, but all
the other downtown houses fared
badly.
Total first run business was $79,000.
Average is $83,000.
Estimated takings :
Week Ending Oct. 9:
"RICHEST GIRL IN THE WORLD"
(Radio)
GOLDEN GATE— (2,800), 25c-35c-40c, 7
days, 2nd week. Stage: Band. Gross: $11,-
000. (Average, $13,000.)
Week Ending Oct. 10:
"MILLION DOLLAR RANSOM" (Univ)
"THERE'S ALWAYS TOMORROW"
(Univ.)
FOX— (4,600), 15c-30c-40c, ? days. Gross:
$10,000. (Average, $11,000)
"CARAVAN" (Fox)
PARAMOUNT— (2,670), 15c-25c-55c-65c, 7
days. Gross: $11,000. (Average, $11,000)
"BRITISH AGENT" (Warners)
WARFIELD — (2,700) , 25c-35c-55c-65c, 7
days. Stage: Band. Gross: $22,000. (Aver-
age, $23,000)
Week Ending Oct. 11:
"ONE NIGHT OF LOVE" (Col.)
ORPHEUM — (3,000), 15c-30c-3Sc-40c, 7
days, 6th week. Gross: $8,000. (Average,
$9,000)
"JUDGE PRIEST" (Fox)
ST. FRANCIS— (1,400), 15c-35c-55c, 7
days. Gross: $9,000. (Average, $8,000)
"COUNT OF MONTE CRISTO" (U. A.)
UNITED ARTISTS— (1,200), 15c-35c-55c,
7 days. Gross: $8,000. (Average, $8,000)
Belle" Hits
$15,000, Top
In Pittsburgh
Pittsburgh, Oct. 18. — Business was
up generally last week with one ex-
ception, and the comparative top went
to "Belle of the Nineties" at the
Stanley, where Mae West gathered
around $15,000, or $6,000 above par
and the best straight picture taking
at this site in some time.
"The Count of Monte Cristo" con-
tinues to be the talk of the town, do-
ing $7,000 in its third week, which is
little short of sensational. At the
Alvin, the start of stage shows, to-
gether with "You're Telling Me,"
brought in $12,000, while the com-
bination of "A Lost Lady" and "Down
to Their Last Yacht" helped the
Warner to $5,550. Only the Penn,
with "You Belong to Me" and a stage
show, failed to make the grade, sliding
to $16,000. The Pitt also picked up
with the Olsen-Johnson unit and
"Jane Eyre," getting $7,200 for an ex-
cellent showing.
Total grosses in six first-runs were
$61,750. Average, is $56,500.
Estimated takings for the week end-
ing Oct. 11 :
"YOU'RE TELLING ME" (Para.)
ALVIN— (2,000), 25c-40c, 6 days. Stage:
Johnny Perkins, 12 Aristocrats, Ruth Petty,
Maxellos and Duke McHale. Gross: $12,000.
(Average, $10,000.)
"COUNT OF MONTE CRISTO" (U. A.)
FULTON— (1,700), 15c-40c, 6 days, 3rd
week. Gross: $7,000. (Average, $4,500.)
"YOU BELONG TO ME" (Para.)
PENN— (3,300), 25c-75c, 6 days. Stage:
Ed Lowry, George Sidney, Eleanor Powell,
Florence and Alvarez, Lillian Dawson,
Elaine Arden and Danny Dare girls. Gross:
$16,000. (Average, $22,000.)
"JANE EYRE" (Monogram)
PITT— (1,600), 15c-40c, 6 days. Stage:
Olsen and Johnson unit, "Cavalcade of
Fun." Gross: $7,200. (Average, $6,000.
"BELLE OF THE NINETIES" (Para.)
STANLEY— (3,600), 25c-50c, 6 days. Gross:
$15,000. (Average, $9,000.)
"A LOST LADY" (Warners)
"DOWN TO THEIR LAST YACHT"
(Radio)
WARNER — (2,000), 25c-40c, 6 days. Gross:
$5,550. (Average, $5,000.)
Stanwyck Given Lead
Hollywood, Oct. 18.— Barbara Stan-
wyck, instead of Bette Davis, will
have the feminine lead in Warners
"North Shore."
Tomorrow,"
Show, $9,100
High in K. C.
Kansas City, Oct. 18.— The Hil-
ton Sisters, known as "the Siamese
twins," headlining a stage show, plus
"There's Always Tomorrow" on the
screen captured box-office honors at
the Tower, sending the take to $9,-
100, above average by $2,100.
The Midland's $9,700 on "Death
on the Diamond," while high gross
of the week, was below par. "A Girl
of the Limberlost" was good for $3,-
900 at the Uptown. "Kansas City
Princess" failed to excite the ex-
pected stampede at the Newman.
Total first run business was $38,-
700. Average is $37,500.
Estimated takings :
Week Ending Oct. 10:
"KANSAS CITY PRINCESS" (Warners)
NEWMAN— (1,800), 25c-40c, 7 days, plus
three extra shows. Gross: $7,000. (Aver-
age, $7,000.)
Week Ending Oct. 11:
"A LOST LADY" (F. N.)
MAINSTREET— (3,100), 25c-35c-50c, 7
days, plus Saturday midnight show. Stage:
"Passing Revue," with Russ Jones,
Charlo Day, Alfredo & Dolores, Shayne &
Armstrong, Novak & Faye, and others.
Gross: $9,000. (Average for combination
shows, $9,000.)
"DEATH ON THE DIAMOND" (M-G-M)
MIDLAND— (4,000), 25c-40c, 7 days, plus
Saturday midnight show. Gross: $9,700.
(Average, $11,000.)
"THERE'S ALWAYS TOMORROW"
(Univ.)
TOWER— (2,200) , 25c-35c, 7 days, plus
Saturday midnight show. Stage: ''Seeing
Double," with Hilton Sisters, Harris Twins
& Loiettu. Bee and Ray Goman, Tel anu
erage, $7,000.)
"A GIRL OF THE LIMBERLOST"
(Monogram)
Gross: $3,900. (Average, $3,500.)
UPTOWN— (2,000), 25c-40c, 7 days.
Art Miller, and others. Gross: $9,100. (Av-
Hiliodro Garcia in Town
Hiliodro Garcia, operating the Na-
tional, Neptuno and Fausto theatres
in Havana, is in New York for a
short visit. He plans to return in
about 10 days. He's stopping at the
Taft.
Cleveland Spot to Open
Cleveland, Oct. 18. — The Hough-
79th St. Theatre, recently purchased
by Henry Smith and Sam Green-
berger, is scheduled to open Nov. 1.
'Outcast9' Is
Detroit High
With a Show
Detroit, Oct. 18. — Business dropped
off after the World's Series excite-
ment, with "Outcast Lady" standing
out as the big attraction of the week
at the Michigan. Helped by a stage
show headed by Ina May Hutton, the
film put the gross over par by $3,800
for a total of $23,800.
"Gift of Gab," also aided by a
stage show, showed strength at the
Fox, getting $16,300. "Judge Priest"
took a good $5,200 at the Adams after
a big week at the Fox.
Total first run business was $67,-
000. Average is $75,000.
Estimated takings for the week
ending Oct. 11 :
"JUDGE PRIEST" (Fox)
ADAMS — (1,770), 10c-25c-40c, 7 days.
Gross: $5,200. (Average, $5,000.)
"BIG HEARTED HERBERT" (Warners)
BROADWAY-CAPITOL— (3,449), 15c-
40c, 7 days. Gross: $2,400. (Average,
$10 000 )
' SCARLET EMPRESS" (Para.)
"THE HIDEOUT" (M-G-M)
(Second Run)
FISHER— (2,9/5), 10c-25c-3Sc, 7 days.
Gross: $4,700. (Average, $10,000.)
"GIFT OF GAB" (Univ.)
FOX— (5,100), 15c-65c, including tax, 7
days. Stage: 7 acts of vaudeville, headed
by Arren & Broderick. Gross: $16,300.
(Average, $15,000.)
"OUTCAST LADY" (M-G-M)
MICHIGAN— (4,100), 15c-65c, including
tax, 7 days. Stage: Ina Ray Hutton and
her Melodears (All Girl Revue). Gross:
$23,800. (Average, $20,000.)
"SCARLET EMPRESS" (Para.)
"THE HIDEOUT" (M-G-M)
(Second Run)
^LATFra000)' i0c-35c- 7 day*- Gross:
$4,100. (Average, $5,000.)
"LAST GENTLEMAN" (U. A.)
UNITED ARTISTS-(2,070). 25c-50c, 7
days. Gross: $10,500. (Average, $10,000.)
ii
Gentleman" Leads
Buffalo, $16,700
Buffalo, Oct. 18.— Fair and cool
weather helped grosses last week, with
"The Last Gentleman" at the Buffalo
going to $16,700, over normal bv
$3,400- y
"The Barretts of Wimpole Street"
was so strong at $9,300 in the Hippo-
drome that it was held over "One
More River" and "Affairs of a Gen-
tleman" took a par $6,500 at the Laf-
ayette.
Total first run business was $46,700
Average is $44,800.
Estimated takings for the week end-
ing Oct. 12:
"™E LAST GENTLEMAN" (U. A)
BUFFALO-(3,000), 30c-55c, 7 days
Mage: Hal Sherman, with Inez King; Stone
r Vern£'i;jyilllam Ha"; Charles Carrer.
Gross: $16,700. (Average, $14,300)
„„ "BORN TO BE BAD" (U. A.)
"HAT, COAT AND GLOVE" (Radio*
^mNTyRY-(3'^>' 25c 7 days(Grat:
$6,800. (Average, $6,000)
"SERVANTS' ENTRANCE" (Fox)
GREAT LAKES-(3,000), 2Sc-40c 7 days
Gross: $7,400. (Average, $10,000)
THE BARRETTS OF WIMPOLE
STREET" (M-G-M)
HIPPODROME-(2,100), 25c-40c 7 davs
Gross: $9,300. (Average, $8,000) *
... MORE RIVER" (Univ.)
AFFAIRS OF A GENTLEMAN" (Univ t
LAFA YETTE-(3,300), 25c, TdVvs. Gross
$6,500. (Average, $6,500) v«u=>s.
Radio Signs O'Flaherty
Hollywood, Oct. 18.— Radio has
bought the Lian O'Flaherty original
the Informer," and has signed the
author to do the script.
A GIRL
OF
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LIMBERLOSl
ABOVE
NORMAL
wires H. E. ULRICh
WATSON THEATRE
SALINA, KANSAS
AND EVERYWHERE THE REPORTS ARE THE SAME
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RICHMOND, VA."
SAM FLAX, LIBERTY EXCHANGE, WASHINGTON, D. C.
BgBBAll Hire"
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OVER 7,000,000 READERS OF THIS GENE STRATT0N - PORTER N0VI
CUT YOURSELF IN ON THESE PROFITS — BOOK IT NOW
with LOUISE DRESSER • MARIAN MARSH • RALPH MORGAN
Directed by CHRISTY CABANNE • Produced by W. T. LACKEY • Adapted by ADELE COMANDINI
The Leading
Daily
Newspaper*
of the | M
Motion
Picture
Industry
MOTION PICTURE
DAILY
Alert,
Intelligent
••'V:.-:
and
Faithful
Service to'
the Industry
in All
Branches
rOL. 36. NO. 94
NEW YORK, SATURDAY, OCTOBER 20, 1934
TEN CENTS
RKO Secures
An Extension
On 6% Notes
Consolidated to Receive
60% of Print Work
An agreement between RKO and
Consolidated Film Industries extend-
ng the maturities on the secured six
►er cent gold notes of RKO outstand-
)g in the amount of $1,500,000 from
an. 1, next, to May 1, 1938, was filed
lesterday in U. S. District Court here.
Under the original agreement with
liemical Bank & Trust Co. and Com-
nercial Investment Trust, RKO was
o meet maturities in the amount of
-500,000 on the first of each month
iuring the five months ending Jan.
, 1935. The new agreement, for
vhich the approval of the court is
(Continued on page 3)
Say New Gulf Body
Is Being Discussed
Xew Orleans, Oct. 19. — Invitations
ssued to Louisiana theatre owners to
neet with Mississippi owners at the
atters' state convention in Jackson
)ct. 28-29 have started a rumor that
tie Gulf States Theatre Owners'
[ss'ri is to be scrapped for a new
rganization with the ultimate pur-
pose of affiliating with the M.P.T.
3.A.
Independents are reported to be op-
posed to the plan.
There are also reports that the next
iational convention of the M.P.T .O. A.
vill be held here for the purpose of
urthering the plan.
Allied Production
Plans Are Dormant
Allied's production plans are in a
tate of suspended animation, Sidney
iamuelson, president, stated yester-
lay. Several deals have been under
vay from time to time, but for the
>resent nothing is being done.
Samuelson said that the national or-
ganization's attention is now being
ocussed on Washington, what with
lections three weeks off. Although
(Continued on page 3)
Actor Pact Turned
Down by Producers
Hollywood, Oct. 19. — The proposed
tctor-producer code of fair practice
vas flatly rejected as a whole by the
)roducing group at a meeting of the
ive-five committee last night, called
roi a showdown on the matter. As a
(Continued on page 4)
Skouras Heads
East to Speed
Setup of FWC
Accompanied by Buckley,
Zabin — Due Monday
Los Angeles, Oct. 19. — Prior to de-
parture of Charles Skouras, Charles
Buckley and Edward Zabin for New
York last night, it became known that
trustees of Fox West Coast appropri-
ated $150,000 to pay off all local
claims that do not exceed $30,000 in-
dividually. This means that all small
creditors will be paid 100 cents on the
dollar between now and Oct. 30. There
are five claims that exceed $30,000.
It is understood that Fox West
Coast will be sold and removed from
bankruptcy within the next six weeks
(Continued on page 4)
Johnston to Tour;
Says Sales Up 41%
W. Ray Johnston, Monogram presi-
dent, starts another tour of Mono-
gram exchanges today. He will visit
all the exchanges he missed on his
August trip.
"Monogram sales are running 41
per cent ahead of last year," he de-
clares, "and it is probable that after
a conference with Trem Carr, pro-
duction head, budgets may be raised
again."
Curb College Boys
Toronto, Oct. 19. — A way
has been found to curb the
student nuisance. When sev-
eral hundred University of
Toronto students raided
Shea's Theatre in celebration
of a football victory, Mana-
ger Jerry Shea called the po-
lice who lined up the col-
legians and compelled them
to hand over their college
registration cards before
they left the theatre. Noti-
fication was then sent to the
university that the cards
could be redeemed on pay-
ment of the regular admis-
sion fee. The rah-rah boys
had to have their cards and
the "fines" worked.
Normanly Sees
Business Jump
For New Year
Chicago, Oct. 19.— James P. Nor-
manly, assistant to Dr. A. H.
Giannini, looks for the industry chart
to take a sharp upturn about the first
of the year as a result of the impetus
of better production and the favorable
reaction from the Paramount and Fox
West Coast reorganizations.
Normanly passed through here to-
day on his way to New York to at-
(Continited on page 4)
They Grip
The Fox Movietone
News clips of the double
assassination in Mar-
seilles of King Alexan-
der of Yugoslavia and
of Foreign Minister
Barthou of France are
fascinating in the in-
tenseness of their
drama.
It is probable the
scenes of the slaying
will rest in the political
archives of the future
as an important piece
of visual history as
well.
They pack a genuine
wallop.
KANN
They Awe
Hearst Metrotone
clips of King Alexan-
der's death are awe-
some. The King has a
puzzled, enigmatic smile
as he turns from side to
side, saluting slowly, as
his car advances.
Shots sound. There is
a glimpse of a cavalry-
man's sabre as it de-
scends on the assassin's
head, and the King, still
smiling faintly, sinks
down with open, staring
eyes.
Gruesome, but fascin-
ating; power, impo-
tence— seconds apart!
JERAULD
Dicker On to
Cut Richards'
Saenger Stock
Purpose Is to Increase
Paramounfs Share
Negotiations aimed at a reduction of
E: V. Richards' interest in the new
Saenger Theatres Co. are under way
between the Paramount Publix trus-
tees and Richards, it was learned yes-
terday and consummation of the Saen-
ger plan of reorganization is being held
in abeyance pending the outcome of
the negotiations.
The current confabs are understood
to be due to a belief held by the trus-
tees, that the original plan of reorgan-
ization for Saenger provides for too
favorable a participation by Richards
in the operating management of the
new company and that a revision of
the terms involving Richards' future
(Continued on page 3)
Stay Asked on Use
Of Majestic Name
Appointment of a receiver for Ma-
jestic Pictures Corp. and an injunc-
tion restraining a new subsidiary
known as Majestic Producing Corp.
from using the name or assets of Ma-
jestic is asked in a suit which has
been filed in state supreme court here
by Majestic Pictures of Pennsylvania,
of which Anthony Lucchese is presi-
dent, it was learned yesterday.
The bill of complaint alleges that
Majestic o/ Pennsylvania spent "more
(Continued on page 3)
Recorded Music to
Be Covered in Spain
Washington, Oct. 19. — Extension
of the copyright agreement between
the United States and Spain to cover
compositions for mechanical reproduc-
tion, and, by inference, music scores
on sound films, was made public to-
day by the State Department. A
proclamation covering the matter was
issued by the President Oct. 10.
Reciprocal copyright relations were
established with Spain in April, 1910,
but did not include phonograph rec-
ords and similar protection.
Assert Long Island
Combine to Continue
Despite action of local exchanges
in stopping spot bookings to the
Seider - Schwartz - Skouras pooling
(Continued on page 3)
MOTION PICTURE
DAILY
Saturday, October 20, 1934
MOTION PICTURE
DAILY
(Registered U. S. Patent Office)
Vol. 36
October 20, 1934
No. 94
Maetin Quigley
Editor-in-Chief and Publisher
MAURICE KANN
Editor
JAMES A. CRON
Advertising Manager
Published daily except Sunday and holi-
days by Motion Picture Daily, Inc., sub-
sidiary of Quigley Publications, Inc.,
Martin Quigley, President; Colvin Brown,
Vice-President and Treasurer.
Publication Office: 1790 Broadway, New
York. Telephone Circle 7-3100. Cable ad-
dress "Quigpubco, New York." All con-
tents copyrighted 1934 by Motion Picture
Daily, Inc. Address all correspondence to
the New York Office. Other Quigley pub-
lications: MOTION PICTURE HERALD
BETTER THEATRES. THE MOTION
PICTURE ALMANAC and THE CHI-
CAGOAN. •
Hollywood Bureau: Postal Union Life
Building, Vine and Yucca Streets, Victor
M. Shapiro, Manager; Chicago Bureau: 407
South Dearborn Street, Edwin S. Clif-
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Bruce Allan, Representative. Cable address:
"Quigpubco, London"; Berlin Bureau:
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Paris Bureau: 19, Rue de la Cour-des-
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Bureau: Viale Gorizia, Vittorio Malpassuti,
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Lockhart, Representative; Glasgow Bureau:
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Budapest, II, Endre Hevesi, Representa-
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25, Apart. 146, Moscow, U. S. S. R., Bella
Kashin, Representative. Cable address:
Samrod, Moscow.
Entered as second class matter, January
4, 1926, at the Post Office at New York
City, N. Y., under Act of March 3, 1879.
Subscription rates per year; $6 in the
Americas, except Canada $15 and foreign
$12. Single copies: 10 cents.
Goldwyn at Work on
Several for Cantor
Chicago, Oct. 19. — Samuel Gold-
wyn has three or four vehicles under
consideration for Eddie Cantor's next,
said Fred Kohlmar, Goldwyn's pro-
duction assistant, who passed through
here today on his way to New York
for preliminary conferences with
Cantor. Plenty of talent is available,
but the problem is where and how to
use it.
The cleanup campaign has had no
serious effect on business, he said, but
has resulted in better product. "Kid
Millions" and Anna Sten's "We Live
Again" were approved by Joseph I.
Breen without cuts, he said.
Capitol Cancels Cantor
For the third time in as many
weeks, the Capitol has cancelled head-
line stage talent. Eddie Cantor and
Dave Rubinoff, who were scheduled
to play the house starting Oct. 26,
have been cancelled with a possibility
of a later booking. Ben Bernie, now
at the state, was to have opened at
the Capitol this week, to be followed
by Burns and Allen, who are booked
into Loew's in Jersey City.
Many Film People Experiment in Film
Sail on Aquitania Music Tested Here
Schenck in England
Southampton, Oct. 19. — Joseph M.
Schenck arrived here today on the
Majestic. His plans for marrying
Merle Oberbn are still indefinite, he
said.
A formidable array of film people
sailed on the Aquitania last night.
They included :
Mark Ostrer, chairman of the board
of Gaumont British, and Mrs. Os-
trer.
Michael Balcon, production gener-
alissimo for the company. He ex-
pects to be back one of these days
on his way to a two or three months'
stay in Hollywood to see how it's
done there.
Jeffrey Bernerd, general manager
of G-B, who has been working day
and night to launch his company
in this market. Probably he will re-
turn, too, in a couple of months to
check up on progress made.
Nova Pilbeam, 14-year-old star of
"Little Friend," now current at the
Roxy.
Mrs. Arnold Pilbeam, her mother.
Sam Smith of British Lion Prod.
Anna May Wong, who will make
additional pictures in London.
Jack Conn, vice-president of Col-
umbia, who is on his way to an iri'
spection of company distribution in
England. He expects to be back in
less than a month.
Edward L. Klein, foreign buyer
now resident in London, and Mrs.
Klein.
William M. L. Fiske, 3rd, vice-
president of First Division.
Jack Hulbert, G-B star.
M. A. Schlesinger of General Talk-
ing Pictures on a six-week business
trip.
Hoffman Ready for
Start of New Group
Production on "Sweepstakes An-
nie," first of the four Liberty pictures
added to the current program, will
be started next week following return
of M. H. Hoffman, president, to
Hollywood. Hoffman leaves by plane
tomorrow.
One of the remaining three will be
a musical, Hoffman stated yesterday.
Clark to Coast Today
John D. Clark, general sales man-
ager of Fox, leaves for the coast by
plane today. He will arrive in Holly-
wood on Monday to confer on pro-
duction plans and then, accompanied
by Herman Wobber, will make a tour
of the company's exchanges.
The initial results of experiments
being conducted by Mary E. Bute,
Houston artist and student of music,
to enable an audience to "see" as
well as to hear music coming from
the screen were submitted to a public
test yesterday at the Palace Theatre
by Radio, which is showing an inter-
est in the young woman's work.
Miss Bute said she planned a series
along the lines of the strip_ of film
shown yesterday for possible use in
theatres which do not employ orches-
tras. By visualizing musical composi-
tions she believes it will be easier to
hold an audience's interest in overture
music emanating from the screen be-
cause there is something to attract the
eye at the same time.
The strip of film shown at the Pal-
ace yesterday was an interpretation in
terms of light and camera effects of
"Anitra's Dance" from Grieg's "Peer
Gynt Suite." The picture, if it can
be called that, running but three min-
utes, was valuable in creating a mood
and should prove a delight to those
really versed in the mechanics of
music. Of course, the commercial pos-
sibilities are limited.
Abeles to Warners
Mexico City Branch
Arthur Abeles, former exchange
manager and exhibitor, is understood
to have been appointed head of War-
ners' branch in Mexico City. He is
on the Siboney en route to Mexico.
Officials at Warners would neither
confirm nor deny the story yesterday.
Felipe Mier, it was stated, is the com-
pany's manager in Mexico and no offi-
cial word of a change has been made.
Spectrum's First Ready
Hollywood, Oct. 19. — "Frontier
Days," the first of a series of west-
erns to be released by Spectrum Pic-
tures, has been finished. The film,
produced by Altmont Pictures under
the supervision of Al Alt, is set for
release Nov. 10.
INS Promotes Rawles
Los Angeles, Oct. 19. — Wallace
Rawles, identified for several years
with International News Service, has
been appointed chief of the Pacific
bureau handling film news up and
down the coast.
Universal Up One on Big Board
High Low Close
Columbia Pictures, vtc 3754 36% 37%
Consolidated Film Industries 354 3%. 354
Consolidated Film Industries, pfd 1554 15 15
Eastman Kodak 104 104 104
Fox Film "A" 13% 12% 13%
Loew's, Inc 30% 30% 30%
Paramount Publix 4% 4% 4%
Pathe Exchange 154 154 154
RKO 2% 2% 2%
Universal Pictures, pfd ., 30 29% 2954
Warner Bros 4% 4% 4%
Net
Change
+ 54
— %
- Vz
+
+1
Technicolor Off Half on Curb
High Low
Technicolor 13% 13
Trans Lux 2 2
Net
Close Change
13 — 54
2 + %
Para. Publix Bonds Drop Half
High Low Close
General Theatre Equipment 6s '40 7
General Theatre Equipment 6s '40, ctf 654 654 654
Loew's 6s '41. ww deb rights 102% 10254 102'/,
Paramount Broadway 554s '51 4354 4254 4354
Paramount F. L. 6s '47 59 5844 5854
Paramount Publix 554s '50 5854 5854 5854
Warner Bros. 6s '39, wd 60 5954 60
Net
Change
Sales
600
200
1.000
300
600
5.800
7.900
400
200
2.000
1.000
Sales
800
TOO
Sales
< Purely
Personal ►
BERTHOLD VIERTEL, Gaumom
British director, will be host to a
group of friends at tomorrow night' s
showing of his latest work, "Line
Friend," at the Roxy.
Anne Johnston and Anne Kas-
per, winners of the Monogram
"Chance for Hollywood" contest, left
yesterday on the 20th Century for
the coast.
Stephen E. Fitzgibbon, director
of the Paramount Joinville studio-i
near Paris, and Mrs. Fitzgibbon, ar-
rive today on the lie de France.
Curtis Nagel has returned from
the Antipodes with material for the
Walter Futter 'Travelaughs" re-
leased by Columbia.
Spyros Skouras, daring disloyalty
to the St. Moritz, by stopping to talk
to a friend in front of the Plaza yes-
terday afternoon.
Howaru S. Cullman was a din-
ner guest of the Gaumont British
executives prior to their sailing last
night.
Danny Thomas, coast representa-
tive of the N.E.A., is in New York
on a vacation.
Saul E. Rogers leaves Nov. 1 or.
his annual up-state venison hunt.
+ 54
- 54
- 54.
Court Upholds Ban
On Scalper Tickets
The right of a theatre to refuse ad-
mission to holders of tickets pur-
chased from a speculator was upheld
in a decision handed down here yes-
terday by Supreme Court Justice Al-
bert Cohn.
The decision came with Justice
Cohn's refusal of an application for
an injunction to restrain the Martir
Beck Theatre to refuse admission tc
holders of tickets purchased frorr
Harry Cohen, ticket broker.
Sonotone Convention
Opens Here Monday
Sonotone Corp., manufacturer 0'
equipment for the hard of hearing
will open its second annual sales con
vention on Monday at the Park Cen-
tral here. The meeting will clost-
Wednesday.
The company reports that sales foi
the first eight months of the curren
year amounted to $881,369, as agains
$394,292 for the similar period o
1933.
Lubitsch Not to Sign Ye\
Ernst Lubitsch will not sign tb
contract to make two pictures fo:
Toeplitz Prod, in England until h'.
arrives back in Hollywood after
three-week vacation here, he statei
yesterday. Lubitsch, who leaves fo
the coast next week, says the con
tracts are in Hollywood now, havinj
been sent directly there from England
Lesser Party in Paris
Paris, Oct. 19. — Sol Lesser, Eddi
Cline and George O'Brien are her
for a short visit and then go to Ital
shortly to sail on the Rex o
Oct. 30.
iaturday, October 20, 1934
MOTION PICTURE
DAILY
Dicker On to
Cut Richards'
Saenger Stock
(Continued from page 1)
merest is desirable from the Para-
mount viewpoint
The original Saenger plan, virtu-
ally agreed upon at one time, pro-
ided tor a purchase by Richards from
Paramount of all of the Class A stock
of the new Saenger company for
>_'5,000. This would constitute a 50
kt cent interest in the new com-
jany. Paramount would retain all of
:he Class B stock. It is understood
.hat the current discussions center on
this phase of the plan, with Para-
mount favoring a smaller stock par-
ticipation by Richards, orr possibly,
a larger voting stock representation
lor Paramount through a different ap-
portionment of the new stock issues
hetween the two principals.
Paramount owns all of the old Saen-
ger stock outstanding except 20
shares of Class B common.
ington that the denial of trading priv-
ileges in the Series A certificates of
deposit of the Saenger Theatres, Inc.,
first mortgage and collateral sinking
fund 6]/2S does not affect the right of
the exchange to trade in the Series B
certificates of deposit of Saenger The-
atres, Inc., inasmuch as the latter cer-
tificates of deposit were admitted to
unlisted trading on August 17, 1933,
whereas the Series A certificates of
deposit were not admitted until subse-
quent to March 1, 1934. The commis-
sion recently ruled that curb trading
was prohibited in issues listed alter
March 1, 1934."
Calls for Richards as Head
The original Saenger plan also pro-
vides that Richards will become pres-
ident and general manager of the new-
company and will receive $600 per
week for himself and an assistant.
Other phases of the plan involving
Richards provide for payment to him
by Paramount of a receiver's fee of
$10,000 due him from Central Flor-
ida Theatres, Inc., and a provision
under which Richards agrees to pay
half of the costs of the Saenger re- *'
■ rganization. Paramount agrees to
advance $200,000 to the Saenger bond
committees for reorganization costs,
and an additional $200,000 for work-
ing funds for the new company, if
needed.
Under the proposed plan Paramount
also assigns its own claims against
Saenger, aggregating $865,861, and
other claims bought by it recently,
to the new Saenger company with-
out warranty of any kind. All of
these phases may eventually be re-
vised in some particulars before the
current discussions with Richards are
concluded.
The original SaengeF reorganiza-
tion plan was completed last June and
filed for court approval here a few
• lays prior to the enactment by Con-
gress of Section 77-B of the bank-
ruptcy laws, the new provision per-
taining to corporate reorganizations.
Both Paramount and Saenger later
applied for and were granted a debtor
status under the new law, so hearings
on the Saenger reorganization plan
were deferred pending the adaptation
of the plan to the new bankruptcy
-tatus of both companies, thus leaving
The plan in its present tentative state.
Para. Hot Springs
Confab Oct. 26-28
Paramount district managers and
home office executives will gather at
the Homestead Hotel, Hot Springs,
Va., Oct. 26-28 for a three-day con-
ference. The New- York delega-
tion will leave Thursday and will be
back the following Monday.
The following district managers are
scheduled to attend : M. S. Kusell,
P. A. Bloch, .Harry Goldstein, Wil-
liam Erbb, Oscar Morgan, Jack Dug-
ger, J. E. Fontaine, R. C. Libeau,
Hugh Braly, M. H. Lewis and B.
Blotcky, and M. A. Milligan of the
Canadian sales department.
Expected from the home office are :
George J. Schaefer, general manager;
Neil Agnew, sales manager ; Division
Managers J. J. Unger and Charles
Reagan; R. M. Gillham, director of
publicity and advertising; Don Velde,
Alec Moss, Herman Lorber,. Arthur
Dunne, Knox Haddow, Fred Leroy,
Jack Roper and G. B. J. Frawley.
Wimpole" Holds Up
In Its Third Week
"The Barretts of Wimpole Street''
held up remarkably well in its third
week at the Capitol, chalking up a
gross of $43,700 for this period and
making a total of $155,560 for the 21-
day run. For the first week, the take
was $65,860, and for the second the
gross was $46,000. It is now in its
fourth stanza.
At the Astor "The Merry W idow"
garnered $18,958 for the first seven
days at two-a-day. For the first three
days the gross was $12,364. The first
week of "Now and Forever" at the
Paramount ended with a total of $43,-
000, which is good. "Judge Priest" at
the Music Hall tallied S77.000, fair.
"Chu Chin Chow" did not fare so
well at the Palace with S10.000. The
Rivoli take for the third week of
"Count of Monte Cristo" was $18,000,
while the second week of "Peck's Bad
Boy" at the Roxy was 825,850, a nice
profit for that house.
Stay Asked on Use
Of Majestic Name
{Continued from page 1)
than $100,000" building up and adver-
tising a distribution organization. It
charges that Herman Gluckman, as
president of Majestic Pictures, caused
Majestic Prod. Corp. to be formed
for the purpose of reaping the bene-
fits, good will and utility of the Penn-
sylvania company. It also charges
that the use of the name "Majestic"
by the new company is illegal and
without the consent of all stockhold-
ers. Lucchese is represented by Frank
Fogel, Philadelphia attorney, and Ot-
terbourg, Steindler & Houston of this
city are associate counsel.
A general denial is made in the
answer just filed by Majestic Pictures
Corp., which also points out that the
complainant has not demanded that the
defendant's board of directors take
action on the relief sought.
Gluckman could not be reached yes-
terday for comment on the suit.
Assert Long Island
Combine to Continue
(Continued from page 1)
combine in Long Island, the three-cir-
cuit pooling deal will continue, it was
stated by one of the circuit members
yesterday.
"The move to pool the theatres in
Long Island was not to cut down
rentals." it was said, "but to eliminate
excessive protection and a general
price war."
The arrangement is for the benefit
of all. including exchanges, the offi-
cial asserted.
Trading Allowed in
Saenger's Series B
New Orleans. Oct. 19. — There is
no prohibition against trading in
Series B certificates of deposit of
Saenger Theatres. Inc., according to
word received by the Xew Orleans
Stock Exchange from Washington.
The statement issued by the exchange
follows :
"The Xew Orleans Stock Exchange
received information from the Securi-
ties Exchange Commission at Wash-
Allied Production
Plans Are Dormant
(Continued from page 1)
he doesn't hesitate to say that Con-
gressional action on block-booking,
the increased music tax and the code
is being sought, Samuelson declares
that the procedure is being held secret.
"We are not telegraphing our blows
before they are delivered," he says.
"We've had our lesson from shooting
our mouths off prematurely."
Hit Music Tax Deal
Philadelphia, Oct. 19. — The Ameri-
can Society of Composers, Authors &
Publishers is "not entitled to increase
its rates at all at this time," the In-
dependent Exhibitors Protective
Ass'n of this city, declares in its cur-
rent bulletin in which dissatisfaction is
expressed over the terms of the recent
compromise on music tax increases
arrived at between A.S.C.A.P. and the
Exhibitors' Emergency Committee.
RKO Secures
An Extension
On 6% Notes
Leo Bulgakov in Town
Leo Bulgakov, Walter Connolly and
Fay Wray arrived from Hollywood
yesterday. Bulgakov recently com-
pleted "White Lies" for Columbia and
is here to stage "Night Remembers"
in conjunction with Leslie J. Spiller.
Spiller and Bulgakov produced and
directed the stage version of "One
Sunday Afternoon."
"Choice" to Music Hall
"Lady by Choice" is slated to go
into the Music Hall sometime next
month. No date has been set on the
Columbia film.
Glucksman Sails Oct. 27
Jacob Glucksman sails Oct. 27 for
Argentina, Brazil, Chile and Europe.
He will be gone about three months
on business.
Trans-Lux Opens Oct. 25
The newest link in the Trans-Lux
circuit of theatres, located at 561 Ful-
ton. St.. Brooklyn, opens Thursday-
night. The house seats 500.
(Continued from page 1)
sought, calls for payment of maturi-
ties in the amount of $25,000, plus
interest, on the first of each month
beginning Sept. 1, 1934, up to and in-
cluding Feb. 1, 1937, and $50,000 on
the first of each month beginning
March 1, 1937, and ending May 1,
1938.
Thus RKO obtains a 45-month per-
iod instead of the original five-month
term in which to retire the $1,500,-
000 obligation. RKO may, at its con-
venience, accelerate the payments by
increasing the amounts at its own dis-
cretion.
Regarded as a consideration in the
agreement, although not made a part
of it, is a two-year deal between Con-
solidated and RKO under which Con-
solidated obtains 60 per cent- of the
RKO print work, the remaining 40
per cent being retained by Pathe.
Consolidated held an option on the
printing deal which it exercised in
conjunction wdth the gold notes agree-
ment.
Hearing Set for Oct. 26
A court hearing on the agreement
has been set for Oct. 26 before Fed-
eral Judge William Bondy. If court
approval is obtained at that time, the
agreement provides that RKO shall
pay to Consolidated the past due pay-
ments for Sept. 1 and Oct. 1, last,
within five days after the approval is
given and, with the Nov. 1 maturity
which would then be due, the pay-
ments would aggregate $75,000, plus
interest.
No court opposition to the agree-
ment is anticipated as the arrange-
ment is regarded as highly satisfac-
tory to RKO and creditors of the
company. The $1,500,000 of gold
notes outstanding, secured by virtually
all of RKO's investments in its going
subsidiaries, are regarded as the com-
pany's most vital and immediate finan-
cial obligation. The generous exten-
sion of the maturities is believed to
relieve RKO of its most urgent finan-
cial problem. The transaction was ne-
gotiated by A. H- McCausland, Irving
Trust reepresentative in RKO, and
H. J. Yates, Jr., of Consolidated.
Among the securities pledged by RKO
as collateral on the $1,500,000 gold
notes, is a large amount of voting
stock in RKO and subsidiary compa-
nies, held by Chemical Bank as trus-
tee. This stock may be voted by Con-
solidated under certain contingencies.
Consolidated acquired the notes by
purchase from Chemical and C. I. T.
some time ago. They were then out-
standing in the amount of $1,825,000,
but a first payment of $25,000 and a
second of $300,000 of principal
amount was made by RKO to Con-
solidated prior to the opening of the
negotiations which resulted in the
present agreement.
Two Rewarded by Radio
Hollywood, Oct. 19. — Anne Shir-
ley has been given a new contract by
Radio, while Betty Grable has been
signed to a termer by the studio.
Half Radio Shorts Done
Hollywood, Oct. 19. — Radio's
shorts program for 1934-35 is more
than 50 per cent completed, it is
reported by Lee Marcus, short sub-
ject production head. The list con-
tains eight series.
4
MOTION PICTURE
DAILY
Saturday. October 20, 193
Normanly Sees
Business Jump
For New Year
(Continued from page 1)
tend the convention of the American
Bankers' Ass'n. as a representative of
the Bank of Italy.
Normanly said a tremendous amount
of theatre reconditioning equipment
replacements will follow reorganiza-
tion of Paramount and F.W.C. This
has been neglected, he said, because
circuit operators have hesitated to in-
cur heavy expenditures while they
have been in receivership.
Industry conditions are generally
favorable, he said, because of improved
grosses which reflect the production
of box-office pictures. The general
industry map is bright, he declared,
with the exception of a few areas suf-
fering from local setbacks, due to
drought or other factors.
His bank's experience with film
financing during the past year has
been entirely satisfactory, he said.
The Legion of Decency campaign
has been a factor in bringing about
a better quality of product, Normanly
declared. This applies to all com-
panies, with the exception of a few
independents.
Normanly looks for the Federal
housing program to stimulate condi-
tions generally. Higher commodity
prices around the first of the year will
be a stimulating factor, in his opinion.
The only uncertainty, he said, is in-
flation which is only a possibility
now, but may be launched if the Ad-
ministration considers an emergency
requires it.
Fears over the election of Upton
Sinclair as governor of California are
groundless, he said, because in the last
two weeks popular sentiment has
veered away from him to the conser-
vatives. He scoffed at the reports
studios would quit California if Sin-
clair were elected.
After the bankers' convention in
New York, Normanly will spend 10
days conferring with industry heads,
and then visit Detroit and Chicago.
Loew Refuses Deal
On Bronx Clearance
Efforts to settle amicably the clear-
ance situation affecting Trio-Consoli-
dated's Forum and Fleetwood and
Loew's victory in the Bronx have
failed, with Loew's refusing to reduce
the existing protection on the inde-
pendent circuit's two houses.
The case has caused much comment
in local quarters with Campi itself
stumped on making a decision. At
the last Code Authority session Di-
vision Administrator Sol A. Rosen-
blatt stepped into the breach and or-
dered the case decided one way or
another. J. Robert Rubin, alternate
for Nicholas M. Schenck. asked for
another delay on the ground that sev-
eral Loew men were going to make a
personal survey of the situation. Ros-
enblatt agreed and the case was held
until next Friday's session.
After the Loew party investigated
the clearance situation, the circuit
then told Trio-Consolidated it would
not do anything about the matter.
Rosenblatt will insist that the case be
determined on Oct. 25.
Actor Pact Turned
Down by Producers
(Continued from page 1)
result, the proposals advanced by both
sides are being forwarded to Division
Administrator Sol A. Rosenblatt for
final decision.
In the meantime, officials of the
Screen Actors' Guild are planning to
present to members a resolution ask-
ing the American Federation of Labor
for a separate charter for their or-
ganization. Since Actors Equity holds
a charter covering the entire amuse-
ment field, it is argued it might be
compulsory for the Guild to become
affiliated with Equity, with autonomy
granted screen acting.
The matter has not yet been placed
before Cantor, head of the Guild.
Kenneth Thomson, vice-president, has
announced that, regardless of Rosen-
blatt's decision, the Guild will con-
tinue its efforts to obtain an A. F. of
L. charter.
Board to Meet Again
On Shusterman Film
Failing to get together on the prod-
uct to be allocated Aaron Shusterman
of Red Bank and Perth Amboy, X.
J., as a result of an overbying de-
cision in his favor against Walter
Reade, members of the New York
grievance board yesterday adjourned
uutil this morning to designate the
pictures.
_ Action by the board marks the first
time it will sit on a Saturday and open
the local board offices for a meeting.
Reade intends to appeal the decision
as soon as the product is designated.
Detroit Clearance
Hearing Up 9 Hours
Record for longest single hearing
on a clearance and zoning appeal goes
to the Detroit schedule. Starting at
2 :30 o'clock on Thursday, a commit-
tee comprised of Edward Golden,
chairman; Gradwell Sears and Julius
Charnow heard exhibitors and dis-
tributors discuss the various provi-
sions of the 18-page plan until mid-
night.
The Los Angeles schedule holds the
record for the number of days given
to a single schedule. The hearings on
this plan lasted three days.
More Are Named to
G-B Selling Force
More additions to the Gaumont
British sales force were made public
yesterday by George W. Weeks, gen-
eral sales manager of the company.
The appointments are as follows :
George Davidson, salesman, De-
troit ; Russell Borg and Joseph F.
Woodward, salesmen, Kansas City ;
Fred E. Wagoner, sales manager, In-
dianapolis ; Walter Wessling, sales
manager, Portland, Ore. ; J. M. Har-
ris, salesman, and Russell G. Mor-
tensen, booker, St. Louis ; Eli Gins-
berg, salesman, and Joseph Toner,
booker, Philadelphia.
Flash Preview
Elinor Norton — . . . has much un-
necessary footage contributing little
to a plot already weak and leaving
this one tepid as entertainment.
This film will be reviewed in full in a
later issue of Motion Picture Daily.
"Mrs. Wiggs"
Denver Smash
With $7,000
Denver, Oct. 19.— "Mrs. Wiggs of
the Cabbage Patch" nearly ran away
with the bulk of the first run busi-
ness here last week. The $7,000 take
at the Denham was $3,000 over par.
"Barretts of Wimpole Street" was
the only other first run to get into
the real money. It garnered a strong
$3,500 at the Paramount.
Total first run business was $24,250.
Average is $20,500.
Estimated takings for the week end-
ing Oct. 18:
"ROMANCE IN THE RAIN" (Univ.)
ALADDIN — (1.500), 25c-35c-50c, 6 days.
Gross: $1,750. (Average, $2,500.)
"MRS. WIGGS OF THE CABBAGE
PATCH" (Para.)
DENHAM — (1,500), 25c-35c-50c, 7 days.
Gross: $7,000. (Average, $4,000.)
"MADAME DU BARRY" (Wamers)
DENVER— (2,500), 25c-35c-50c, 7 days.
Gross: $6,000. (Average, $6,000.)
"SIX-DAY BIKE RIDER" (F. N.)
ORPHEUM— (2,600). 25c-35c-50c, 7 davs.
Gross: $6,000. (Average, $6,000.)
"BARRETTS OF WIMPOLE STREET'
(M-G-M)
(Second Run)
PARAMOUNT— (2.000), 25c-40c. 7 days.
Gross: $3,500. (Average, $2,000.)
Skouras Heads East
To Speed FWC Setup
(Continued from page 1)
if details can be worked out in New
York.
Charles Skouras, Charles Buckley
and Edward Zabin do not arrive in
New York until Monday. They are
stopping at several key points en route,
probably Denver, Kansas City and
Milwaukee to visit operating heads of
F.W.C. subsidiaries and confer on re-
organization plans which affect these
companies.
Reports have been current for the
last few weeks that F.W.C. and its
subsidiaries would be reorganized by
the end of November with each of the
present operating heads to continue as
presidents of newly formed companies,
to be controlled by a holding company,
of which S. R. Kent will be president.
Spyros Skouras, it is said, will con-
tinue as operating head of all F.W.C.
subsidiaries.
Reorganization conferences with
Chase Bank officials and Hughes,
Schurman & Dwight will be held by
Charles Skouras and Buckley, upon
their arrival from the coast. Skouras
was here several months ago on the
plan, but returned west with minor
details to be worked out.
Kent gets back Monday from the
south where he has been vacationing.
He also will take part in the reorgani-
zation talks, it is said.
Depinet Back Monday
Ned E. Depinet is due back at his
desk Monday morning following a
week of conferences with RKO Radio
executives at the studio. Depinet is
making the return trip by plane.
Powers Is Stumping
William T. Powers, F. W. C. attor-
ney, running for attorney-general of
New York state, is on a stumping
tour upstate.
"Cristo" Goes
To Fifth Week
In Pittsburgh
Pittsburgh, Oct. 19. — There was a1
marked fluctuation in grosses here last
week, with profits ranging as high as
$2,500 and losses hitting as much as
$10,000, the latter in the case of tto;
Penn.
The biggest thing in town continue^
to be "The Count of Monte Cristo''
at the Fulton, where a gross of $6,-
800 was chalked up in the picture's
fourth week. This take gave the film
a fifth week, establishing an all-time
record run for this house, and there
remains the possibility that it will go
even beyond five weeks. In a month,
the picture has played to more thai:
98,000 persons and has grossed al-
most $30,000.
At the Warner, "The Age of Inno-
cence" and "Kansas City Princess"
gave the house its best gross in more
than a year, the combination geeting
$7,500 while "Now and Forever" sent
the Stanley up $1,500 above par at
$10,500. The Pitt, with "Girl in Dan-
ger" and the "Harlem on Parade"
unit, was the only house with a stage
show to turn a profit, doing around
$6,200.
Total grosses in six first run
houses were $51,250. Average is $56,-
500.
Estimated takings for the week end-
ing Oct. 18:
"NOTORIOUS SOPHIE LANG" (Para.)
ALVIN— (2,000), 25c-40c, 6 days. Stage:
Johnny Perkins, Al Gordon's Dogs, Diane
and Del Campo, Carl Freed's Harmonica
Harlequins and Alvin Streamlinettes.
Gross: $8,250. (Average, $10,000.)
"COUNT OF MONTE CRISTO" (U. A.)
FULTON— (1,750). 15c-40c, 6 days. 4th
week. Gross: $6,800. (Average. $4,500.)
"OUTCAST LADY" (M-G-M)
PENN— (3,300), 25c-75c, 6 days. Stage:
Fokine Ballet and Grace Hayes. Gross:
$12,000. (Average, $22,000.)
"GIRL IN DANGER" (Col.)
PITT— (1,600), 15c-40c, 6 days. Stage:
"Harlem on Parade" with Buck and
Bubbles and Ada Brown. Gross: $6,200.
(Average, $6,000.)
"NOW AND FOREVER" (Para.)
STANLEY— (3,600), 25c-50c, 6 davs.
Gross: SJ0.500. (Average. $9,000.)
"AGE OF INNOCENCE" (Radio)
"KANSAS CITY PRINCESS" (Warners)
WARNER — (2,000). 25c-40c, 6 davs. Gross:
$7,500. (Average, $5,000.)
Three New Delivery
Units Join National
Three new film delivery units have
joined the National Film Carrier?
Ass'n., Inc., James Clarke, president,
stated yesterday. They are North-
west Film Delivery Service of Se-
attle, Amsler and Waltz of Colum-
bus and Theatre Transport Co. of
Toledo.
The additions make a new total of
30. Clarke left for Philadelphia after
a one-day trip here.
Irvin Cobb to Tour
In Sinclair Fight
Hollywood, Oct. 19. — After mak-
ing a sensational radio speech against
Upton Sinclair, Irvin Cobb has
secured a 10-day leave from his
M-G-M writing contract to stump for
Governor Merriam up and down the
coast.
In the meantime producers, dis-
tributors and exhibitors are putting up
a united front against Sinclair.
The Leading
Daily
Newspapers
^ Hi Jf
of the
Motion
Picture
Industry
MOTION PICTURE
DAILY
Alert,
Intelligent
and ' -':S
Faith fut| J
Service to'
the Industry
in All
Branches
VOL. 36. NO. 95
NEW YORK, MONDAY, OCTOBER 22, 1934
TEN CENTS
Fox Brooklyn
Suit Ups List
To 13 on File
Warners, Vitaphone Are
Among Defendants
A flank attack in the patent war has
been instituted by William Fox in
Federal Court in Brooklyn, it was dis-
covered Saturday. Another double
printing infringement suit asking an
injunction and an accounting is on
file there against Warners and Vita-
phone.
This brings the total of suits to 13
in the fight of American Tri-Ergon,
controlled by Fox, to force recogni-
tion from and payment of royalties by
all American users of his double
printing and flywheel patents. All the
suits so far are on the double printing
patent. The defendants are: Amer-
Anglo Corp., Columbia, Consolidated
Film Industries, First Division.
M-G-M and M-G-M Distributing
(Continued on page 15)
Industry Surveys
Fight on Sinclair
Los Angeles, Oct. 21. — First results
of the industry's state-wide campaign
via the screen against the election of
Upton Sinclair are beginning to be
counted here, although in operation
but a week.
With the production colony itself
now thoroughly aroused, other indus-
tries are joining in the fight to defeat
Sinclair, believing the work is essen-
tial for the best interests of the state.
Sinclair's intimation two weeks ago
at San Francisco that, if elected, the
state would engage in production as
well as exhibition, is credited with
having aroused Hollywood to a point
(Continued on page 6)
Erpi Seen Bucking Fox
By "Hill-Dale" Sound
Theatres Sidetrack
Texas Tax Proposal
Dallas, Oct. 21. — Proposals to tax
theatres 10 per cent for the purpose
of raising an $8,000,000 fund for the
Texas centennial in 1936 seem to have
been sidetracked through a swift move
by the Theatre Owners' Protective
Ass'n.
The association decided to circulate
petitions among patrons and run trail
ers on the screens. Later its members
contacted a committee of prominent
Texans in charge of the celebration
and worked out a trade whereby the
committee agreed to drop the tax plan
in return for trailer help from ex-
hibitors.
Move on Foot to Combine
About 30 New York Indies
A move is on foot by a number of
local exhibitors to merge about 50
independent houses into one big cir-
cuit. Under the plan, a new corpora-
tion would be formed and each of the
original operators and owners appor-
tioned a certain percentage of stock
for their interests.
Although the plan is in the embryo
stage, it was discussed at the last I. T.
O. A. session when the Greater New
York product situation was aired. No
action was taken, since it was held
that this was not an organization mat-
ter, but a move on the part of numer-
ous individuals in the unit.
The idea behind the proposed mer-
ger is to build up buying power for
protection of the small exhibitor. Cer
tain I. T. O. A. members already havi
expressed approval of the plan anc
(Continued on page 6)
Start Talks
Here on New
Deal in FWC
Preliminary conferences to complete
reorganization plans for Fox West
Coast will get under way today with
arrival of Charles Skouras, trustee ;
Charles Buckley, attorney, and Ed-
ward Zabin.
Over the week-end, Skouras and
Buckley conferred with Elmer C.
Rhoden, operating head of Fox Mid-
west, during train switches in Kansas
City. Rhoden had been in New York
for about three weeks on product deals
and left for his headquarters Friday
and is due back Wednesday when
the Kansas City and Denver clear-
ance and zoning schedules are up for
(Continued on page 6)
Hayden, Stone Will
Repeat Fox Met Bid
Hayden, Stone & Co. will make a
new bid for Fox Metropolitan Play-
houses assets early this week, it was
learned on Saturday.
The first Hayden, Stone bid of
$4,500,000, rejected by the Fox Met
bondholders' committee a week ago.
provided for a new financing program
which is believed to have been un-
satisfactory to the committee. The
new draft of the bid will incorporate
a stock issue, it is understood, but
will avoid objections voiced by the
committee to the earlier proposal.
Code Advisory
Boards' Fate Is
Looming Near
Whether or not the three local ad-
visory committees are to be droppec
will be discussed at a meeting of the
main New York clearance and zoning
committee on Thursday. Some mem
bers of the main board feel that tin
work of the lower boards is a waste
of time in that litigants, after present-
ing arguments, repeat testimony and
charges at hearings before the mail,
body.
It is also held too much time is
taken up by advisory boards in hear-
ing complaints and some of the ex-
change men on these committees are
objecting to sitting. One or two have
(Continued on page 6)
World Chamber Asks
Abolition of Quotas
Paris, Oct. 21. — A resolution de-
nouncing the quota system as "defeat-
ing the normal requirements of inter-
national trade by introducing an arbi-
trary element of rigidity" was passed
by unanimous vote here by the Coun-
cil of the International Chamber of
Commerce, made up of representatives
Df 30 countries. The American dele-
gation was headed by Thomas J. Wat-
ion of New York, president of the
International Business Machines Corp.
and chairman of the American com-
(Continued on page 6)
Firm's Indicated Course
Advanced in Statement
By H. G. Knox
That Erpi regards its "hill-and-
dale" method of vertical cut disc re-
cording as a valid and ready substi-
tute for the Tri-Ergon double print
patent and that producers have al-
ready given Erpi definite indication
ihat they are "seriously considering"
.ts use "for all or part of their talk-
ing picture" production, is made evi-
dent in an official Erpi statement re-
leased Saturday with the comment of
H. G. Knox, Erpi vice-president in
charge of engineering, on the new re-
cording method.
Industry observers interpret the
Erpi statement as a definite indica-
tion of the strategy to be pursued by
the electric in its counter-orfensive in
the William Fox patents engagement.
The Knox statement not only makes
the flat claim of "superior quality" for
"hill-and-dale" sound recording over
film recording, but also suggests that
it may prove to be more economical
than recording on film throughout.
Knox's statement was couched in
the form of comment on "the wide-
spread praise of the unusual sound
(Continued on page 15)
Seals Given to 19
Films; 14 Shorts
Hollywood, Oct. 21. — A total of 19
features, 14 shorts and episodes from
two serials have received certificates
of approval from the Production Code
Administration during the period from
Sept. 26 to and including Oct. 17. This
makes a total of 168 features and 155
shorts passed by the administration
since July 15.
Columbia heads the list with four
features and four shorts. Monogram
received certificates for two features ;
Liberty, one; Universal, two and one
(Continued on page 17)
Lee Now in Charge
Of G-B in America
With Mark Ostrer, chairman of the
board, and Jeffrey Bernerd, general
manager on the high seas bound for
England, Arthur Lee is now in com-
plete charge of Gaumont British in
America.
Ostrer plans to return shortly after
(Continued on page 6)
MOTION PICTURE
DAILY
Monday, October 22, 1934
MOTION PICTURE
DAILY
(Registered U. S. Patent Office)
Vol. 36
October 22, 1934
No. 95
Martin Quigley
Editor-in-Chief and Publisher
MAURICE KANN
Editor
!-'•' i JAMES A. CRON
Advertising Manager
n
Published daily except Sunday and holi-
days by Motion Picture Daily, Inc., sub-
sidiary of Quigley Publications, Inc.,
Martin Quigley, President; Colvin Brown,
Vice-President and Treasurer.
Publication Office: 1790 Broadway, New
York. Telephone Circle 7-3100. Cable ad-
dress "Quigpubco, New York." All con-
tents copyrighted 1934 by Motion Picture
Daily, Inc. Address all correspondence to
the New York Office. Other Quigley pub-
lications: MOTION PICTURE HERALD,
BETTER THEATRES, THE MOTION
PICTURE ALMANAC and THE CHI
CAGOAN.
Hollywood Bureau: Postal Union Life
Building, Vine and Yucca Streets, Victor
M. Shapiro, Manager; Chicago Bureau: 407
South Dearborn Street, Edwin S. Clif-
ford, Manager; London Bureau: Rerao
House, 310 Regent St., London, W. 1,
Bruce Allan, Representative. Cable address:
"Uuigpubco, London"; Berlin Bureau:
Berlin-Tempelhof , Kaiserin-Augustastrasse
28, Joachim K. Rutenberg , Representative;
Paris Bureau: 19, Rue de la Cour-des-
Noues, Pierre Autre, Representative; Rome
Bureau: Viale Gorizia, Vittorio Malpassuti,
Representative; Sydney Bureau: 102 Sus-
sex Street, Cliff Holt, Representative; Mex-
ico City Bureau: Apartado 269, James
Lockhart, Representative; Glasgow Bureau:
86 Dundrennan Road, G. Holmes, Repre-
sentative; Budapest Bureau: 3, Kaplar-u,
Budapest, II, Endre Hevesi, Representa-
tive; Moscow Bureau: Civtzev Vrazhek, N
25, Apart. 146, Moscow, U. S. S. R., Bella
Kashin, Representative. Cable address:
Samrod, Moscow.
Entered as second class matter, January
4, 1926, at the Post Office at New York
City, N. Y., under Act of March 3, 1879.
Subscription rates per year; $6 in the
Americas, except Canada $15 and foreign
$12. Single copies: 10 cents.
Shirley Temple Sued
Hollywood, Oct. 21. — Elinor
O'Reilly and Gene Mann, claiming to
be agents, have sued Shirley Temple
for the purpose of getting a Supreme
Court definition on the status of what
they say is their agency contract. They
say they secured a personal appearance
contract for Shirley calling for pay-
ments of $7,500 weekly.
To "Tone Down" Pictures
St. Louis, Oct. 21. — Assurances that
the "rlollywood Unvarnished" series
of pictures now being run in the
Globe-Democrat will be "toned down"
have been given a delegation of the-
atre men by Lansing Ray, publisher
of the paper, but he has refused to
withdraw the pictures.
Warren, Dubin Signed
Hollywood, Oct. 21. — Harry War-
ren and Al Dubin, composers of the
majority of the song hits in the War-
ner musicals, have been given a five-
year contract.
To Screen "Kid Millions"
A trade showing of "Kid Millions,"
with Eddie Cantor, will be given at
the Astor at 11 a.m. tomorrow for
exhibitors and circuit representatives.
"Du Barry" Opens Wed.
"Madame Du Barry," with Dolores
Del Rio in the title role, opens at the
Strand Wednesday morning.
Insiders' Outlook
MEN and companies in this
industry, in one manner of
speaking, get their appraisal by
their deportment in print. There
are companies, finding voice on
the published page through the
giddiness of their press agents,
which make extravagant claims
about box-office performance,
newsreel beats and a wide assort-
ment of goings on. At this end, it
never takes long to pin and label
those who lean heavily in the di-
rection of exaggeration which is
a pleasant week-end manner of
putting it. . . .
▼
However, steeled in the careful
curriculum of the American Tele-
phone and Telegraph Company,
you get the extreme other side of
the picture in the always cautious
and guarded public statements
handed out by Western Electric
and Erpi. This is a rather cir-
cuitous way of directing attention
to a Saturday development which
points up a move of considerable
potential, if not actual, import in
the messy patent situation brought
to some sort of a head by the
recent refusal of the United
States Suprerrie Court to review
a lower court's findings against
Erpi and its licensed companies
where the flywheel and double
printing patents, American Tri-
Ergon held, are concerned. . . .
▼
It has been this column's expe-
rience then that, when Erpi talks
which it does little enough, it's
apt to say something. Well, H.
G. Knox, company vice-president
in charge of engineering, did talk-
on Saturday. By reading with
merely a modicum of diligence,
the impression became clear-cut
that Erpi considers its line in the
patent fight unbroken and, as a
matter of fact, solidified by a
method of disc recording known
as the "hill and dale." Knox, nat-
urally, makes no mention of the
Tri-Ergon patent on double print-
ing. He couldn't and wouldn't.
But note the statements that fall
on either side of his quotes :
"Columbia's experience (with
'One Night of Love') has defi-
nitely demonstrated the useful-
ness of vertical cut recording of
motion pictures for talking pic-
tures. It not only affords an op-
portunity to record and repro-
duce the full volume range with
superior quality, but also may
prove a more economical method
than recording on film through^
out."
T
Knox leaves himself an out, but
the indicated line of procedure on
Erpi's part, which means the part
of its licensed companies, at the
same time becomes clear. There
may be a change. That's always
possible. Yet, all of this tends to
make the supposition something
stronger than supposition that
Erpi is preparing to weather any
patent storm with its faith in the
"hill and dale" method and on its
belief, further, that disc-recorded
sound later transferred to film
will not impinge on the double
printing patent 90 per cent owned '
by William Fox. . . .
▼
One additional statement culled
from Knox's comment appears
additionally significant. This is
where he states:
"Paramount is using vertical
cut recording in 'Enter, Ma-
dame,' and the inquiries we are
receiving from other producers
indicate that they are seriously
considering the advantages of
this scientific development as a
better and cheaper process for
all or part of their talking pic-
tures."
All of which can be no idle
talk, since Erpi rarely, if ever,
has gone in for conversation on
the loose. . . .
KANN
Issues on Big Board Down
Net
Columbia Pictures, vtc
Consolidated Film Industries, pfd.
Eastman Kodak
Fox Film "A"
Loew's, Inc
Paramount Publix, cts
Pathe Exchange
RKO ..
Warner
Bros.
Trans Lux.
High
Low
Close
Change
Sales
37%
37H
375*
+ A
200
15
15
15
100
104J4
103
103
—1
900
133*
13a*
131*
100
3074
30?*
1,600
VA
-a
2,400
1%
m
1A
- A
100
13A
1314
13%
- %
100
25*
2%
254
- A
1.500
m
474
600
on
Curb
Net
High
Low
Close
Change
Sales
1%
m
1%
- A
100
Paramount Broadway Bonds Up Half
High Low
General Theatre Equipment 6s '40 6% 6%
Loew's 6s '41, ww deb rights 103 102%
Paramount Broadway 514s '51 44 435*
Paramount F. L. 63 '47 58% 5854
Warner Bros. 6s '39, wd 60 59?*
Net
Close Change
&A —A
10254 + A
44 +y2
60
Sales
4
< Purely
Personal >
JULES E. BRULATOUR, Eddie
Cantor, Daniel Frohman, George
Jf.ssel, Sam H. Harris, William A.
Bkady and Ed. Sullivan have their
acceptances in for the Friars' Club
testimonial dinner to Postmastes
General James A. Farley, Nov. 4, at /
the Astor.
Anita Louise, one of the leads in
"Madame Du Barry," heads east from
Hollywood today on the new 60-hour
Los Angeles-New York Union Paci-
fic limited. She will make a personal
appearance at the Strand. Henry
Hull is aboard the same train.
Celia Villa, daughter of the late
Pancho Villa, has been signed by
Sam Sax for a one reel Vitaphone
short.
Budd Barsky has postponed his
trip to the coast until Wednesday.
A. H. Schwartz is back from
Lake Placid.
Fight on St. Louis
Auditorium Failure
St. Louis, Oct. 21.— A last stand
effort to prevent use of the Municipal
Auditorium by the "Ziegfeld Follies"
by sending a delegation of exhibitors
before the Board of Estimate has
failed. Mayor Bernard F. Dickmann
and City Comptroller Louis Nolte in-
sisted the city would carry out the
contract.
Fred Wehrenberg headed the dele-
gation, accompanied by Harry Green-
man, Harold W. Evans, Paul Beis-
man, Charles Cella, Harry Koplar,
David Nelson and Louis Ansell.
Princess, Montreal,
To Be Sold for Tax
Montreal, Oct. 21.— According to
official notice in the Quebec Gazette,
publication of the Provincial Govern-
ment, the Princess Theatre is to be
sold at public auction to satisfy a
claim of $24,148.48 by the City of
Montreal for unpaid taxes.
The notice is signed by Sheriff
Omer Lapierre of Montreal and the
theatre will go under the hammer
early in December, it is stated. The
listed name of the owner is the
Canadian Theatre Co., Ltd.
Theatre Insurance
Is Ordered by Moss
Theatres must carry liability insur-
ance to protect patrons in case of in-
jury under a ruling issued by License
Commissioner Moss. He has directed
Minsky's, Brooklyn, to meet a $324
judgment obtained by Joseph Rock-
stein, 2077 E. 12th St., who was in-
jured in a fall.
Hardy in a Hospital
Hollywood, Oct. 21. — Oliver Hardy
is in St. Vincent's Hospital. He has
had his tonsils yanked. This winds up
"Babes in Toyland," in which he is
featured with Stan Laurel. The film,
which was in production eight weeks,
a record for the Hal Roach lot, has
been sent to the cutting room.
CfiPRfl
is coming i
I FULTON OURSLER, Editor in Chief of LIBERTY Magazine
in a recent telegram to MR. CAPRA said in part:
'it is a good thing to honor outstanding merit and
distinction in any art and these qualities are yours in
the art of dramatic pictures. May you live long and
flourish like the Green Bay tree to give the public
more of the FRANK CAPRA type of pictures.
The sentiment expressed by Mr. Oursler is the sentiment of the
public at large.
The genius of FRANK CAPRA crystallized in any particular
motion picture makes that picture a notable event in any year.
His next effort is upon us; its title is: BROADWAY BILL;
its author, ROBERT RISKIN who also wrote IT HAPPENED
ONE NIGHT and LADY FOR A DAY; its stars are WARNER
BAXTER and MYRNA LOY; and its cast an imposing one as
one expects it to be in a CAPRA picture.
& CO L U MB I A P I C T U R
MOTION PICTURE
DAILY
Monday, October 22, 1934
Code Advisory
Boards' Fate Is
Looming Near
(Continued from page 1)
suggested that the sessions be held
after business hours so that branch
heads can spend more time on product
deals.
If the recommendation is made to
drop the sub-committees, the main
board will establish a ruling that each
litigant will be allowed only 15 min-
utes to present testimony.
Texan Worried Over
Overbuying Appeal
Fears that Jefferson Amusement Co.
of Beaumont, Tex., will invade towns
of from 8,000 to 15,000 population if
an overbuying decision against the
company is reversed by Campi on ap-
peal were expressed by Jack Lilly,
president of Greenville Theatre Corp.,
prior to his return to Texas.
Lilly stated that the Dallas griev-
ance board's decision in favor of the
Greenville company which filed the
overbuying complaint against Jeffer-
son was unanimous and if Code Au-
thority reverses the verdict of the
local board Jefferson will bottle up
independents in towns ranging from
8,000 to 15,000.
"A theatre must have a split of
major first run product in small towns
and cannot exist without it," Lilly
said. He said he also feared a price
war between "A" and "B" houses if
independents cannot get major films.
"If we cannot get top line product
we will be forced to cut admissions
to meet competition from theatres
showing major output. Subsequently
the 'A' houses will reduce their prices
to meet ours until we are licked," he
asserted.
"Independents in Texas are vitally
interested in the action of Campi on
this case," he added. "We have been
in Greenville for 15 years. Along
comes Jefferson, builds a new theatre
in the town and takes away major
product. If they can do this in Green-
ville and get away with it they will
continue the same procedure else-
where," Lilly said.
Code Authority will hand down a
decision on this appeal on Oct. 25.
Move on Foot to Combine
About 50 New York Indies
Never Misses Start
Buffalo, Oct. 21.— A former
important manufacturing ex-
ecutive, retired in his early
60's, is the Lafayette The-
atre's No. 1 fan. In the four
years the house has been op-
erated by A. Charles Hayman,
this man has been on hand
each opening day in advance
of ushers and cashiers. He
has missed just one week —
the third of the "One Night
of Love" engagement. He saw
the Grace Moore picture
twice, however.
Shusterman May Get
125 Reade Pictures
Aaron Shusterman will be given
around 125 major pictures by the New
York grievance board as a result of
an overbuying decision handed down
in his favor against Walter Reade last
week.
Members of the local board met
Saturday on the number of pictures to
be allotted Shusterman and adjourned
:he session until today when the
amount and distributors affected will
be listed.
According to indications Saturday,
Shusterman will get about 70 for his
Red Bank house and approximately
"0 for his Perth Ambov theatre.
Settles Ad Complaint
Pittsburgh, Oct. 21. — Acting as an
industrial agency, the local grievance
board has adjusted a premature ad-
vertising complaint brought by Warner
Bros. Circuit Management Corp., op-
erating the Columbia, Sharon, against
Peter M. Pegadiotes, operating the
Capitol, Farrell. The clearance board
has dismissed a complaint filed by the
Palace, Johnsonburg, protesting clear-
ance between it and the Strand, Ridge-
way ; St. Mary's, St. Mary's ; and the
Temple, Kane.
Provo, Seattle Cases Up
Six individual appeals from clear-
ance and zoning schedules will be
heard today by a special Campi com-
mittee. Tomorrow hearings will be
held on clearance plans for Portland,
Salt Lake City and Provo, Utah, and
Seattle. On Wednesday the Kansas
City and Denver schedule will be re-
viewed.
Weshner West One Year
Milwaukee, Oct. 21. — Dave Wesh
ner this month celebrates his first an
niversary as general manager of the
Wisconsin division of Warner thea
tres. Weshner is a director of the
M.P.T.O. of Wisconsin and Upper
Michigan and a member of the
grievance board.
'Barnum' Home Premiere
World premiere of "The Mighty
Barnum," 20th .Century production
with Wallace Beery in the title role,
has been set for Bridgeport, Conn.,
home of the Barnum & Bailey Circus.
The picture is now in an advanced
stage of production.
Reinhardt at Warners
Hollywood, Oct. 21. — Max Rein
hardt is back from the San Francisco
run of "Midsummer Night's Dream'
and has taken an office at Warners.
Reinhardt and William Dieterle, the
director, will start testing players for
important roles.
Team Crawford-Powell
Hollywood, Oct. 21. — M-G-M has
lined up the co-starring team of Joan
Crawford and William Powell for the
top spots in "Reckless." Franchot Tone
and May Robson will also have im-
portant parts. Victor Fleming will
direct.
Rosenblatt In and Out
Division Administrator Sol A. Ro-
senblatt was in town over the week-
end and left for Washington late last
night. His trip had nothing to do
with business.
(Continued from page 1)
future conclaves to crystalize it are
in prospect.
Reports have been current from time
to time of moves between indepen-
dent exhibitors to band together to
strengthen the buying means of the
small theatre owner. Local exchanges
look unfavorably on such a move, as
ndicated last week when efforts were
made to break up the pooling arrange-
ment of Joseph Seider, A. H. Schwartz
and George Skouras on Long Island.
In Chicago and Detroit cooperative
buying organizations have been in ex-
istence for some time. In the latter
city there are two, one with Ray Moon
as head of Cooperative and the other
with George Trendle as president of
United Detroit Theatres Service Corp.
Recently, Consolidated Amusements
and Springer & Cocalis, operating a
combined total of more than 60 houses,
merged as Trio-Consolidated. The
amalgamation worked beneficially for
Consolidated, which for some time had
been experiencing difficulty in buying
for its 14 houses.
Lee Now in Charge
Of G-B in America
(Continued from page 1)
the first of next year. Bernerd's plans
for returning next month are indefi-
nite, he said prior to sailing. He may
not visit America again for some time,
the trip being contingent on confer-
ences with G-B officials in London late
this week.
Michael Balcon. production head,
accompanying Ostrer and Bernerd,
returns in February, when he will
visit the coast.
Buffalo Hipp, on Duals
Buffalo, Oct. 21. — Although mas
querading in the advertising as an
"added attraction," the Hippodrome
has gone double features again, at
least temporarily, "Caravan" and
"You Belong to Me" are the pictures
The Great Lakes, with "Madame Du
Barry," also is giving billing to "La
Cucaracha."
Buffalo to Aid Kid Films
Buffalo, Oct. 21. — Buffalo thea
tres will co-operate in the M.P.P.D.A.
plan to release a series of shorts for
children, to be shown at matinees
which will use sequences from pop-
ular films. This cooperation will de-
pend on public support, however
Jules H. Michael, "M.P.T.O. zone
chairman, asserts.
Walpole Going Abroad
Hollywood, Oct. 21. — Hugh Wal
pole will leave Hollywood next month
for a trip to England which will keep
him away for several months. Wal-
pole will return in the spring to re
sume his writer's contract with
M-G-M.
Fox in Warner Houses
Milwaukee, Oct. 21. — Fox is tern
porarily managing the Venetian, State,
Riviera and Kosciuszko, neighbor
hood houses dropped by Warners,
until involved building and lease deals
are ironed out.
Start Talks
Here on New
Deal in FWC
(Continued from page 1)
hearing before a Campi appeal body.
During Rhoden's stay here he con-
ferred with Spyros Skouras on the
Midwest situation and also had talks
with John C. Flinn on the clearance
plan.
S. R. Kent, who will play an im-
portant part in the conferences with
Chase National Bank and Hughes,
Schurman & Dwight on F.W.C. re-
organization, arrives from the south
tomorrow. William T. Powers,
F.W.C. attorney in the east, is due
back today from a stumping tour up-
state. He is running for attorney
general of New York State on the
Republican ticket.
According to present indications, a
foreclosure sale of F.W.C. properties
is expected within the next six weeks.
Trustees of the circuit have appro-
priated $150,000 for 100 per cent set-
tlement of claims up to $30,000.
Industry Surveys
Fight on Sinclair
(Continued from page 1)
of concerted action against the Demo-
cratic candidate more, even, than his
declaration of income tax policy.
Sinclair's program calls for an ap-
proximate tax of 20 to 30 per cent on
incomes ranging from SI 00 per week
to $50,000 per year and of 50 per cent
on incomes over that amount, in addi-
tion to other taxes now imposed.
The film colony is reported to be
contributing liberally to Gov. Mer-
riam's campaign fund, the list includ-
ing numerous regular as well as in-
dependent Democrats.
World Chamber Asks
Abolition of Quotas
(Continued from page 1)
mittee of the International Chamber
of Commerce.
The council proposed that the quota
system be modified pending its possible
abolition.
Radio Signs Assistants
Hollywood, Oct. 21. — Pursuant to
the new policy generally adopted by
the major producers, Radio this week
placed three assistant directors under
six months' contract. They are Jimmy
Anderson, Dewey Starkey and Eddie
Kelly. The old procedure at many of
the major studios was to employ as-
sistant directors on a picture to picture
basis.
Flynn Takes K. C. Center
Kansas City, Oct. 21. — Nuge
Flynn, one-time major exhibitor and
now in the florist business, has taken
over the New Centre, which he will
operate for colored on a policy of stage
shows and pictures at 15 cents. Flynn
at one time operated the Globe, large
downtown house, since razed.
FOX Finn
PRCsems
AMERICA'S FIRST ACTOR
inn
SHOuumfln's special
PRODUCED
SHOLUfTlEn
FOR
SHommEn
George KL Cohan
^The Man W)ho Knows
What The Public Wants
George M. Cohan is America s first actor. And its most successful show-
man. Because he knows what the public wants.
The public has paid exactly $93,824,762.75 to see his shows and whistle
his songs,- a staggering tribute to the genius of George M. Cohan, producer,- play-
wright/ song writer,- director,- actor,- dancer,- showman. But above all, in tribute to
the Cohan personality
Last season he starred for the Theatre Guild In Eugene O'Neill's "Ah!
Wild erness. For 36 consecutive weeks. The big outstanding success of New York.
And for good measure. Every Sunday night on the radio. Coast to coast.
Th.s season he goes on the road. With "Ah! Wilderness." And also returns
to the radio.
He will also be seen in one big picture for Harold B. Franklin. "Gambling."
Based on his great stage success. He will be seen as the public wants to see him.
As himself
03
Harold B. Franklin
C^The Man VI) ho Knows
What The Gxhibitor Wants
The exhibitor knows what the exhibitor wants Nobody better And Harold
B. Frankl in is an exhibitor He has operated more theatres than any man living.
Paramount Circuit Fox West Coast Circuit R K O C ircuit Coast to coast
Shooting-galleries to Radio City
Franklin has also gone into production. Plays Pictures On the stage he will
present — in association with Arch Selwyn, Charles B Cochran and Arthur Hopkins
— these international stars: Elizabeth Bergner, Yvonne Printemps, Luc ienne Boyer,
Fra nces Starr, Eva La Galli enne
On the screen, his fi rst production through Fox Films, will be George M
Coha n in one of his greatest stage successes, Gambling
Cohan on the air, in drama, musical comedy, vaudeville, owes his success mainly
to the Cohan personality It's that personality, pure and unadulterated, that
Franklin will present.
Cohan is a showman. Franklin is a showman. They re combining their show-
manship to make a showmen's production For showmen
* 8 MONTHS
ON BROADWAY
* 12 MONTHS
COAST-TO-COAST
DIRECTED BY
ROWLAND V. LEE
MIIEAMINUTE mystery melodrama!
AMERICA'S FIRST ACTOR
AA
n
WYNNE GIBSON
DOROTHY BURGESS
AND A SUPERB SUPPORTING CAST
HAROLD B. FRANKLIN
TO MY FELLOW EXHIBITORS
A lifetime of effort in the operation of theatres
has gone into the presentation of George M. Cohan
in Gambling.
Its my belief that exhibitors know plenty about
pictures — and I ve tried to translate that belief
into action.
George M. Cohan in Gambling is the result.
Mr. Cohan is a showman. We ve tried to make a
showmen s picture for showmen. For you.
It was made to measure up to Sidney Kent s
most exacting standards.
We have made it for the box-office. Because
any box-office in America is home sweet home to
George M. Cohan.
Yours for the box-o ffice
Monday, October 22, 1934
MOTION PICTURE
DAILY
15
Polish Gov't
To Register
Distributors
Washington, Oct. 21.— All estab-
lishments selling or leasing films in
Poland must be registered with the
industrial authorities before Oct. 28,
according to a report to the U. S. De-
partment of Commerce from Warsaw.
In the application for registration,
the name and the exact address of the
enterprise must be indicated, turnover
during 1930-1933, and total remittances
abroad for the license authorizing the
exhibition of films must be shown.
Czech Houses Still Off
Washington, Oct. 21.— Attend-
ance in film theatres in Czechoslovakia
continues to decrease, according to a
report to the U. S. Department of
Commerce from Commercial Attache
Sam E. Woods in Prague.
The reasons for the drop during the
first half of 1934 have been the de-
creasing purchasing power of the pub-
lic in general and the shortage of
American product in particular.
Using the yield of the entertain-
ment tax as a criterion, and the
monthly average for 1929 as 100, at-
tendance dropped from 101 in January
to 49.3 in June 1934. In the same
period, 1933, the decrease was from
101.3 to 63.3.
Dutch Attendance Gains
Washington, Oct. 21. — Theatre at-
tendance in the Netherlands increased
more than five per cent during the first
M.\ months of 1934 over the same pe-
riod of 1933, according to a report to
the U. S. Department of Commerce
from American Consul F. Van Den
A rend in Amsterdam.
During August the relative position
of American films, as registered by
Amsterdam first runs, was again less
favorable than the preceding month.
The percentage of American films
shown started dropping in June, at
which time the French and British
positions improved.
Erpi Seen Bucking Fox
By "Hill-Dale" Sound
5,500 Extras Work
Hollywood, Oct. 21.— Em-
ployment of extras reached
a four-year peak during the
four weeks ending Oct. 15
with more than 5,500 em-
ployed. The talent ranged
from 35 bathing girls to 300
French soldier types and 350
negroes. The studio per-
manent payroll was also in-
creased by 97 names during
that period.
ing capacity of 1,200-1,500 and will be
air conditioned.
Peru Finishes First
Washington, Oct. 21. — "Such Is
Life" is the title of the first sound
picture to be produced in Peru, ac-
cording to a report to the U. S. De-
partment of Commerce from Com-
mercial Attache Julian D. Smith in
Lima.
Start Guatemala House
Washington, Oct. 21. — Work was
begun about two weeks ago on a new
theatre in Guatemala City, according
to a report from Consul General O.
Gaylord Marsh to the U. S. Depart-
ment of Commerce.
(Continued from page 1)
quality" which, Erpi reports, is being
received in connection with Columbia's
"One Night of Love," the songs of
which were recorded by the "hill-and-
dale" vertical cut disc method and
subsequently re-recorded from disc to
film.
"Columbia's experience," the Knox
statement declares, "has definitely
demonstrated the usefulness of vertical
cut recording for talking pictures. It
not only affords an opportunity to
record and reproduce the full volume
range with superior quality but also
may prove a more economical method
than recording on film throughout.
Paramount is using vertical cut re-
cording in 'Enter Madame' and the
inquiries we are receiving from other
producers indicate that they are seri-
ously considering the advantages of
this scientific development as a better
and cheaper process for all or part
of their talking pictures," Knox con-
cludes.
The new method, the Erpi state-
ment relates, was developed by Bell
Telephone Laboratories "for the defi-
nite purpose of providing recording
and reproducing of high quality for
all disc purposes. It was expected in
the course of the development work,"
the statement concludes, "that the
field would probably be limited to
phonograph records and electrical
transcriptions for broadcasting."
Fox Brooklyn
Suit Ups List
To 13 on File
(Continued from page 1 )
Corp., Monogram, Reliance, Talking
Pictures Epics, 20th Century and Uni-
versal, in addition to the two against
Warner and Vitaphone in Brooklyn.
Why one of the suits was filed in
Brooklyn and the other 12 in New
York was not explained by Ward,
Crosby & Neal, patent attorneys, who
are handling eight of the cases. Con-
gestion of court calendars may have
something to do with it.
Neither of the two law firms will
discuss their further moves, but it is
known that further suits are contem-
plated.
Has Munitions Picture
Topical Films, Inc., is readying a
feature length picture, "Dealers in
Death," for an early November re-
lease. The film is a treatise on the
munitions industry and its interna-
tional ramifications, with many of its
scenes taken in England, France, Ger-
many and Czechoslovakia.
Newton, la., Rialto Open
Newton, la., Oct. 21.— The Rialto,
closed for seven years, has opened on
a part time basis under the manage-
ment of George P. Hundling of the
Capitol.
Greek Imports on Rise
Washington, Oct. 21. — Over 300
features have been purchased by Greek
exchanges for release during the 1934-
35 season, according to a report from
Commercial Attache K. L. Rankin at
Athens to the U. S. Department of
Commerce.
Compared with the 248 features dur-
ing the 1933-34 season, this increase
of about 20 per cent is not generally
considered as justified by any pros-
pective gain in box-office receipts for
the coming season.
Prices were generally rather high,
owing to keen competition among im-
porters. American film producers op-
erating in Greece are reported to have
closed some satisfactory contracts.
Cleveland Men Hit
Free Air Programs
Cleveland, Oct. 21. — Cleveland ex-
hibitors have protested to Mayor
Harry L. Davis against rental of
the Public Auditorium on Saturdays
and Sundays to radio station WHK
for a 10- week series of broadcasts
open to the public. The sponsor is
the Higbee Co., department store. The
talent is to include the stars now ap-
pearing on the coast to coast net-
work, starting with Eddie Cantor.
Admission to view the broadcast will
be a sales slip from the Higbee Co.
Local exhibitors contend this is un-
fair competition. The auditorium
seats 15,000, was built with taxpayers
money — including taxes paid by own
ers of theatres. The Auditorium, they
feel, should not be put into direct
competition with them.
New House for Haiti
Washington, Oct. 21. — Port-Au-
Prince, Haiti, will soon have a new
theatre, according to a report from
American Vice Consul Carl Breuer to
the U. S. Department of Commerce.
The new house, to be constructed on
the Champ de Mars, will have a seat-
C anion Operators Sign
Canton, O., Oct. 21. — Union opera
tors at the three first run and six
second run houses here have been
granted a 20 per cent increase under
a new contract just signed. This
makes the town 100 per cent union.
The contract also provides for pay-
ment of overtime for longer hours
than specified by the code.
All houses here are in operation ex-
cept the Grand Opera House.
New York's Newest Sensation
THE SPIRITS OF RHYTHM
featured with
GEO. M. COHAN
in
Pioneer Pictures Formed
Albany, Oct. 21. — Pioneer Motion
Pictures, Inc., Queensborough, has
been chartered with capital of 200
shares no par value to exhibit films.
Roland Tardiff, Constance Tardiff
and Robert O. Smith are directors
and subscribers.
"GAMBLING"
appearing nightly at
THE ONYX
72 West 52nd St., N. Y. C.
!6
MOTION PICTURE
DAILY
Monday, October 22, 1934
MOTION PICTURE DAILYS
HOLLYWOOD PREVIEW
"Anne of Green Gables"
(Radio)
Hollywood, Oct. 21. — This is a faithful translation of Mrs. L. M.
Montgomery's novel, sympathetically revealing- each player as a living
character of this homespun tale. It mirrors the life and pleasant hard-
ships of an orphaned girl, expertly played by Anne Shirley, who is sur-
rounded by Tom Brown, O. P. Heggie, Helen Westley, Sara Haden,
Murray Kinnell, Gertrude Messinger, June Preston, Charlie Grapewin
and Hilda Vaughn. George Nicholls, Jr., in his first solo directorial
effort, extracts all possible from the material at hand with the result
delivering fine entertainment for general appeal.
The story is rich in romance with humor balancing pathos, all photo-
graphed beautifully by Lucien Andriot. Poetically inclined Anne Shir-
ley finds herself adopted by a country family who, through their influ-
ence and neighbors, becomes the pivot for a gossiping community. Alooi
from this talk, she surges through life in an imaginative world of her
own. The situations are those designed to tug the heartstrings of the
most cynical audience.
Aside from the past and present popularity of the novel, box-office
draw must primarily come from commendable word-of-mouth advertise-
ment as the film is shy on name values although the performances are
good. Kenneth MacGowan produced. Reviewed without production code
seal. Running time, 80 minutes.
"Without Children"
(Liberty Prod.)
Hollywood, Oct. 21. — This is a somewhat spotty interpretation of
Gertrude Orr's story suggested by Mrs. Wilson Woodrow's novel, "Eyes
of Youth," but it has enough good qualities that, when properly edited,
it should make fair program entertainment for youths and adults in any
community.
It contains such seasoned players as Marguerite Churchill, Bruce
Cabot, Evelyn Brent, Reginald Denny, Dorothy Lee, William Janney,
Dickie Moore, Cora Sue Collins and Lillian Harmer all contributing
their best to paint a word picture of modern, American domestic life.
The picture at times scintillates with touches of smart comedy-drama,
of human emotions and then with the other extreme of melodrama that
evoked catcalls from the gallery.
The story depicts a happily married couple with two children, with
the mother dedicating her life to the children and thus unconsciously
neglecting to keep abreast of her husband, Cabot, an ambitious architect.
Miss Brent, seeing this, induces him to accompany her to Paris where
he achieves his ambition. Time lapses until the children are grown up
and the father learns they are in trouble and returns hastily to America
where his ex-wife, still faithful, accepts the reconciliation. The settings
and photography are artistic. William Nigh directed. Previewed with-
out production code seal. Running time, 85 minutes.
"Elinor Norton"
(Fox)
Hollywood, Oct. 21. — The story, based' on Mary Roberts Rinehart's
"The State Versus Elinor Norton," loses most of its original punch in
its transfer to the screen. The picture, as previewed, has much unneces-
sary footage contributing little to a plot already weak and leaving this
one tepid as entertainment.
The story deals with Claire Trevor, whose husband, Hugh Williams,
is an eccentric, jealous Englishman. Just as a divorce is imminent
Williams goes to war. During his absence Miss Trevor falls in love
with Gilbert Roland. At this point Williams returns very ill mentally.
Miss Trevor sees her duty and leaves with her husband for a ranch
in the west where she hopes to nurse him back to health. Roland fol-
lows and after a confession scene involving the eternal triangle. Mis?
Trevor gets a divorce and marries him. The cast seems to be in the
throes with far-fetched situations and stilted dialogue. The direction by
Hamilton MacFadden is uneven, but the photography by George Schnei-
derman is okay. Production code seal No. 302. Running time, 70 min-
utes.
Byrne Is Dismissed
From Ontario Board
Toronto, Oct. 21. — Following the
political upheaval in Ontario Govern-
ment circles, E. J. Byrne, veteran
member of the provincial board of
censors, has been dismissed by order-
in-council. Byrne thus follows Major
J. C. Boylen, chairman of the board
for 11 years, who was recently
"permitted to resign."
Under the economy wave of the
new Liberal Government, the ex-
penses of the Ontario Censors have
been cut 60 per cent., according to
announcement by Premier Mitchell
Hepburn. But no move has been
made to cut the cost of censorship for
distributors. The personnel of the
new board has been reduced from six
to three. "And it's more efficient,"
declared the premier.
Appeals Court Rule
Awaited on Pickets
Sherboygan, Wis., Oct. 21. — The
U. S. Court of Appeals in Chicago has
taken under advisement the question
of continuance of a temporary injunc-
tion granted the Rex here against the
local operators' union and others.
Federal Judge F. A. Geiger of Mil-
waukee is calling the Federal courl
calendar and is expected to set a date
for the hearing of the principal action
in which the Rex Theatre Corp.
prays for a permanent injunction to
prevent picketing.
Judge Geiger issued the temporary
injunction prohibiting picketing in
May this year, and it has been in ef-
fect to the present.
Expect Cole Will Be
Reelected in Texas
Col. Harry A. Cole will in all
probability be reelected head of Allied
of Texas at the annual convention in
Dallas on Nov. 18-19. The gathering
place will be the Jefferson Hotel.
Cole has been in the chair for the
past 11 years. He would like to re-
tire from the presidency, but the mem-
bers will not let him.
Sidney Samuelson, president of the
national organization, is expected to
attend. Cole, who has been conferring
with Samuelson the last two days on
legislative action planned by Allied,
has left for Dallas, accompanied by
Jack Lilly of Greenville, Tex.
Mexican Unions for
Boost in Wage Rate
By JAMES LOCKHART
Mexico City, Oct. 21. — Representa-
tives of unions connected with the in-
dustry from a number of Mexican
cities are meeting here for the pur-
pose of organizing a national asso-
ciation, the aim of which will be to
standardize wage scales throughout
the country on a higher basis.
The labor leaders contend workers'
pay is trivial compared with the in-
come of theatres and other branches
of the industry.
New Music Hall Producer
Twenty-six-year-old Vincente Mi-
nelli, who rose from costume and set
designer to art director of the Music
Hall, will make his bow as a producer
there next Thursday. The stage at-
traction for the week, a revue in four
scenes, is Minelli's first production.
Finish "Tailspin Tommy"
Hollywood, Oct. 21. — Universal has
completed the "Tailspin Tommy" serial
starring Maurice Murphy, and it
shaped up so well the studio is talking
a deal for a new one.
"Bum Voyage" New Title
Hollywood, Oct. 21.— Roach has
changed the title of the current
Thelma Todd-Patsy Kelley comedy
from "The Skin Game," to "Bum
Voyage."
Short Subjects
"Frankie and Johnnie"
(DuWorld)
This British short is an interpreta-
tion of the famous ballad, with Charles
Laughton and his wife, Elsa Lancas-
ter, as the two lovers. It has been
simply and effectively produced by
Sascha Geneen, who also directed.
Added entertainment value derives
from the fact that the roles of Frankie
and Johnnie are played in character.
Laughton and Miss Lancaster inject
humor into their rendition when the
occasion warrants it. Running time,
8 mins.
"Red Republic"
(Radio)
A further insight into the develop-
ment of new Russia is here shown
through the eyes of the camera of
Margaret Bourke-White. The film
jpens with views of the oil fields of
Baku and takes the audience up
through the vineyards of Georgia, past
the great dam of the Dnieper and
into the schools of Moscow. Very
interesting. Reviewed without pro-
luction code seal. Running time, 9]/2
mins.
"It's the Cats"
(Columbia)
Andy Clyde is asked by the boss
to speak in his stead at a dinner
given by a group of women interested
in a "home for homeless cats." Andy
walks into the wrong banquet room.
His address is hardly begun when
he is thrown out. Then he drunken-
ly stumbles into the right place, but
is given the bounce because his iden-
tity is unknown. Clyde's antics pro-
vide several good chuckles. Inez
Courtney and Dorothy Grainger are
also in the cast. Code seal No. 240.
Running time, 19 mins.
"If This Isn't Love"
(Radio)
This short, with Walter Woolf.
Dorothy Lee and Hazel Forbes, is al-
most equal to many features in pro-
luction value and surpasses many in
entertainment. Woolf meets Miss
Forbes, falls in love with her only
to be repulsed and becomes entangled
with Dorothy Lee. It all works out
in the end to the satisfaction of all
concerned. Woolf sings several num-
bers well. Production code seal. No.
47. Running time, 21^ mins.
"Bric-A-Brac"
(Radio)
In this, his latest, Edgar Kennedy,
with the aid of his wife and her fam-
ily, go to the mountains to build a
~abin while he is on his vacation.
Their methods of construction should
'urn many an audience hilarious, par-
ticularly when Kennedy starts work
on the chimney. The whole enter-
prise collapses at the end and it is
Drobable that the majority of audi-
ences will be in the same state, but
from laughter. Production code seal,
No. 169. Running time, 19 mins.
Week-End Vaudeville
RKO's Richmond Hill goes to a
policy of Saturday and Sunday vaude-
ville in addition to pictures begin-
ning Oct. 27. Direct competition is
Loew's Willard. which operates on a
straight film policy.
Monday, October 22, 1934
MOTION PICTURE
DAILY
17
Seals Given to 19
Films; 14 Shorts
{Continued from page 1)
serial; Fox, three; Principal, one and
one serial; Radio, three features and
two shorts; M-G-M, one feature and
one short; United Artists, one; In-
vincible, one ; Warners, two shorts ;
First Division, two shorts ; Roach, two
shorts, and Educational, one short.
Titles of pictures approved follow:
Columbia
(Features)
•Against the Law." "The Captain Hates
the Sea." "Fugitive Lady." "Wolves of
Catclaw."
(Shorts)
"Malysia." "The Concert Kid." "Screen
Snapshots" No. 14-2, "Council on Defense.
Educational
(Shorts)
"Boosting Dad."
First Division
(Shorts)
"Hymn in the Sun." "Spangled Cave."
Fox
(Features)
"Elinor Norton." "Hell in the Heaven,"
"Bachelor of Arts."
Invincible
(Features)
"Port of Lost Dreams."
Liberty
(Features)
"Without Children."
M-G-M
(Features)
"What Every Woman Knows."
(Shorts)
"Bosko's Parlor PranKs." "Opened By
Mistake," "You Bring the Duck."
Monogram
(Features)
"Girl of My Dreams," "Successful
Failure."
Principal
(Features)
"Chandu of the Magic."
(Serials)
"Chandu," episodes 9-10-11-12.
Radio
(Features)
"Anne of Green Gables," "Gridiron
Flash," "Kentucky Kernels."
(Shorts)
"Ticket or Leave It," "How to Break 90
at Croquet."
United Artists
(Features)
"Kid Millions."
Universal
(Features)
"Great Expectations," "Cheating Cheat-
ers."
(Serials)
"Tailspin Tommy," episodes 4-5-6-7.
Warners
(Shorts)
"Rythm in the Bow," "Those Beautiful
Dames."
Chicago Legion Puts
132 on Its New List
Chicago, Oct. 21.— In another full
page advertisement in papers here the
newest lineup on pictures by the
Chicago Council of the Legion of
Decency lists 132 pictures as approved
A second group lists 120 films not
approved for children and neither ap
proved nor disapproved for adults.
The third classification of banned
pictures totals 45.
Hollywood Personals
Hollywood, Oct. 21. — Dick Powell building a home in Toluca
Lake. . . . Phillip Reed entertaining visitors from New York. . . .
A year ago Paramount let Kathleen Burke go. Today she is back
for the lead in "Lives of a Bengal Lancer." . . . Marlene Dietrich
interrupting her entrance into the Paramount cafe long enough
to congratulate Bing Crosby on his latest radio broadcast. . . .
J. P. McEvoy suffering an eye infection. . . . Walter Connolly may
skip his annual trip to New York this year. . . . Joe Morrison back
from New York. . . . Hamilton MacFadden to direct "Charlie Chan
in Paris" for Fox. . . . All the noise at Paramount the other day
came from Harry Revel's yellow sweater and belt. . . . Lloyd Bacon
and Earl Baldwin gathering material for Warners' "Flying
Marines." . . . The waistlines on George Raft's new suits come
clear up to here. . . . Arthur Richman collaborating with Edwin
Knopf on adaptation of "Broken Soil" for Goldwyn. . . . Jack
Conway to direct "Repeal" for M-G-M. . . . Una O'Connor's beach
home suffering from "surf wounds." . . . Marguerite Churchill
refused leads in two pictures to accompany her husband, George
O'Brien, to Europe. . . . Queenie Smith ready to begin her contract
with Paramount. First role in "Mississippi" with Lanny Ross.
K. C. Church Group
To Make Film Study
Kansas City, Oct. 21. — Cooperating
with the Federal Council of Churches
in its film campaign, the Kansas City
Council of Churches will sponsor a
group study over a period of weeks
which is designed to mark a "new
approach" to the question of the
church and films.
The course will be conducted by
the Rev. I. E. Deer, executive secre-
tary of the Kansas City Council, and
is open to everyone. Meetings will be
held one night weekly.
A file of information on films will
be available free in the office of the
Council of Churches to those who de-
sire critical estimates of current
productions.
Estimates of the various national
previewing groups will be on file, and
a list of the approved and disapproved
films issued by Catholic publications
will likewise be used by the local
Protestant organization.
Local Protestant churches observed
today as a day set by the Federal
Council of Churches for the consider-
ation of the subject.
Buffalo, Oct. 21. — Letters have been
sent 200 Buffalo Protestant clergymen
by the Buffalo General Ministers'
Ass'n, urging their participation in
the campaign against indecent films.
Decency Move Stays
Active in Virginia
Richmond, Oct. 21. — While the cen-
sors say films now being examined are
better and that only a few objection-
able elements are found in any of
them, the drive started by the Legion
of Decency in behalf of cleaner pic-
tures continues to attract attention in
Virginia.
One Presbyterian body, however, re-
frained from taking action, but the
Richmond Ministerial Union adopted
a recommendation recently to obtain
lists of pictures suitable to be seen by
families. Dr. F. W. Burnham acted
as chairman of a committee in a re-
quest to Richmond newspapers to pub-
lish the lists at weeklv intervals.
Mench in Akron Portage
Akron, Oct. 21.— C. J. Mench has
been named manager of the Portage
here, which is operated by the Summit
Theatres, Inc. The house was
formerly the Park.
K. C. Theatres Join
Housing Campaign
Kansas City, Oct. 21. — Local ex-
hibitors are cooperating wholehearted-
ly with the Federal Housing Admin-
istration in its campaign to stimulate
better housing. Besides displays in
the lobbies, theatres are distributing
campaign material as their contribu-
tion to the movement.
The I. T. O., meeting at the Variety
Club, adopted a resolution endorsing
the campaign and pledging coopera-
tion after hearing F. H. A. officials
explain its objectives.
"Divorcee" Omaha
Wow; Gets $7,100
Omaha, Oct. 21. — "The Gay Di-
vorcee" at the Brandeis came near
smashing a house record set by "Little
Women" a year ago by hitting the
cash gong for $7,100, over par by
$3,600. It was held over for a second
week, the first holdover here in
months.
Part of the local response is attrib-
uted to the fact that Fred Astaire got
his start here.
"Mrs. Wiggs of the Cabbage Patch"
and "Have a Heart" were good at
the Orpheum at $9,500.
Total first run business was $30,500.
Average is $22,500.
Estimated takings :
Week Ending Oct. 17:
'CHARLIE CHAN IN LONDON" (Fox)
"THE LEMON DROP KID" (Para.)
WORLD— (2,200), 25c-40c, 7 days. Gross:
$3,750. (Average. $3,500)
"CHAINED" (M-G-M)
PARAMOUNT— (2,800), 25c-40c, 7 days.
Gross: $9,800. (Average, $8,000)
Week Ending Oct. 18:
"THE GAY DIVORCEE" (Radio)
BRANDEIS— (1,500), 20c-25c-35c, 7 days.
Gross: $7,100. (Average. $3,500)
"MRS. WIGGS OF THE CABBAGE
PATCH" (Para.)
"HAVE A HEART" (M-G-M)
ORPHEUM— (3,000), 25c-40c, 7 days.
Gross: $9,500. (Average, $7,500)
Norwalk Moose to Build
Norwalk, O., Oct. 21. — Plans have
been drawn for a 1,000-seat theatre
to be erected here by the Moose
Lodge, which organization now oper-
ates the Moose, the only house here.
HOW DO YOU BUNDLE?
— not in a porch swing!
— not in a parked car!
— not on the stair steps!
• You'll never guess! But see Paramount's
"THE PURSUIT OF HAPPINESS."
Starring FRANCIS LEDERER, Joan
Bennett, Charlie Ruggles and Mary
Boland. Directed by Alexander Hall. Prints
now available at all Paramount Exchanges.
MOTION PICTURE
DAILY
Monday, October 22, 1934
Albany
Albany, Oct. 21.— Tent No. 9 has
inaugurated a new series of social
activities by having "Distributors'
Night" on Thursdays, ushered in by
Paramount headed by Barker East-
man. Dancing, entertainment and a
series of bridge games provided an in-
teresting evening. Warners' exchange
and theatre department followed the
idea last week, with M-G-M and Fox
taking subsequent weeks.
The clubrooms were the scene of
much activity during the broadcast of
the World's Series. The radio
donated by Barker Halligan worked
overtime.
The outcome of the recent golf
tournament brought forth several chal
knges by local aspirants for the golf
crown to Barkers Pielow and
Sauber. All challenges have been ac
cepted, and to date the boys who fin
ished one and two in the tournament
are still undefeated. This week will
find Sauber and Pielow matched
against Barkers Shea and Dare of
RKO and Fox, respectively.
Ping Pong is holding considerable
interest with Barker Stanley Gold-
berg of Paramount, club champion,
being swamped with challenges. He
is taking on all comers.
The Hallowe'en party will afford
the barkers and their guests an
evening of frolic and festivity, and
this event is being looked forward to
with much anticipation. Alex Sayles
is in charge of arrangements.
Several barkers, headed by Chief
Barker Buckley, attended the Yale-
Columbia game in New Haven.
Universal's new salesman, Louis J.
Lieser, has made application for mem-
bership. It will receive consideration
at the next meeting. Lieser was re-
cently transferred here from Phila-
delphia.
Variety Club Chatter
Cincinnati
Cincinnati, Oct. 21. — C h i e f
Barker Allan S. Moritz and Can-
vasman Ike Libson represented -the
Cincinnati tent at the Pittsburgh
frolic.
The local club is shy one more mem-
ber in the person of A. J. Meininger
who has gone with B. & K. at
Chicago.
Nat S. Lefton, Cleveland Tent
No. 6, was a visitor at the local club
quarters last week.
Tent No. 3 is outstanding in the
matter of members' families. Stan
C. Jacques is the father of twin girls
in their early teens, while Glenn
Corbett is "double father" to a pair
of boys. A. J. Holt has twin grand-
daughters.
Congratulations are in order for
Barker Mike Spanagel. It's a boy,
who, however, has some sisters.
Chief Barker Allan Moritz is
learning the art of boiling eggs, while
the Mrs. is sojourning in Buffalo.
Frank W. Huss, Jr., has returned
from a 60 days' vacation in Canada,
although his hay fever returned as soon
as he reached his native shore.
Local membership is deploring the
loss through transfer of Barker R. W.
Thayer, who has been assigned to the
Ross-Federal office on the west coast
Cleveland
Cleveland, Oct. 21.— Variety Club
has organized a Wednesday "Ladies'
Day." Auction and contract bridge
tournaments will be held with prizes
to be awarded at the end of 10 weeks.
There will also be Keeno hearts and
rummy games for those who do not
play bridge. There will be a "queen
for a day" every alternate Wednesday.
Mrs. Frank Drew, wife of the club's
president, was the first "queen," Mrs.
Nat Holt and Mrs. Nat Wolf will
be "queens" for the next meeting.
Following them will be Mrs. I. J.
Schmertz and Mrs. M. B. Horwitz.
In preparation of the first annual
ball to be held at the Statler Hotel
on Nov. 3, Nat Holt, general chair-
man of entertainment, has named the
following heads of sub-committees :
Frank Drew, banquet chairman;
Nat Wolf, entertainment chairman ;
Harry E. Long, music; M. B. Hor-
witz, finance ; Nat Lefton, greet-
ings ; Fred Meier, program ; Jack
Shulman, decorations; Edward
Flanigon, special events ; George
Roberts, dance; I. J. Schmertz, door
chairman; Harry Sachs, tickets,
and Warren Wade, radio.
Detroit
Detroit, Oct. 21. — Col. Walter
Scott Butterfield was honored at
the club luncheon last week. He was
presented with the life honorary mem-
bership.
Many notables in civic life were
present, including E. D. Stair and
Malcolm Bingay of the Detroit Free
Press; Edgar Guest, poet on the same
sheet ; Frank A. Picard, candidate
for U. S. Senator, and John H.
Harris, Pittsburgh.
The affair was held in the Italian
Room of the Book, scene of many of
Detroit's swanky affairs.
Pittsburgh
Pittsburgh, Oct. 21. — Mike Cul-
len, manager of Loew's Penn, has
been elected chief barker of the Va-
riety Club, for 1935. Cullen suc-
ceeds Harry Kalmine.
Other officers elected were: Frank
Smith, first assistant chief barker;
Art Levy, second assistant ch'ef
barker; Dr. L. Beinhauer, treasurer;
James G. Balmer, secretary ; directors,
William Gardner, C. J. Latta.
George D. Tyson, Joe Blowitz.
Steve Cox, Al Barnett.
Harold Lund and Dr. A. Wise
were selected to represent the Pitts-
burgh tent at the national convention.
John H. Harris, chairman of -the
banquet committee, announced a com-
plete sellout for the banquet.
More than 800 showmen attended
and many noted stars and celeb-
rities, including Joe E. Brown, Ted
Husing, Sol Rosenblatt and
Christy Walsh.
Washington
Washington. Oct. 21.— The week-
ly luncheon of Tent No. 1 1 had
Joseph P. Morgan and Hardie
Meakin as kings for a day.
Among the entertainment features
were Irene Beasley, who got the
audience to do the singing instead of
doing the warbling herself ; Eleanor
Powell, who demonstrated tap danc-
ing without musical accompaniment ;
Fischer, Chief Barker of
Latest Tent in Milwaukee
Milwaukee, Oct. 21. — Officers of
the recently organized Milwaukee Tent
of the Variety club have been named
as follows : George Fischer, chief
barker; Dave Weshner, first assist-
ant chief barker; Charles Trampe,
second assistant chief barker ; Sam
Shurman. third assistant chief barker ;
H. J. Fitzgerald, wagon man; Ben
Koenig, property man, and E. J.
Weisfeldt, Ed Maertz, A, C. Guten-
berg, J. O. Kent, Al Kvool, Art
Schmitz, canvas men.
Committee chairmen have been
named as follows : Weisfeldt, enter-
tainment : Fitzgerald, ways and
means ; Weshner, publicity ; Trampe,
finance ; Shurman, house, and Guten-
berg, constitution and bvlaws.
and Ed Lowery, noted vaudevillian,
whose stories were hugely enjoyed.
Local enthusiasm ran high for the
annual Variety dinner and ball in
Pittsburgh. Four of the local bark-
ers traveled to the Smoky City.
But higher yet is the enthusiasm
for the first annual dinner and ball
of the local tent.
Chief Barker John J. Payette
heads the committees, with A. Julian
Brylawski the chairman of the gen-
eral committee assisted by J. Louis
Rome as vice-chairman and Nat B.
Browne as secretary.
The following committees have been
appointed to handle the details :
■Entertainment — Carter T. Barron,
chairman; H. E. Lohmeyer, I. Rap-
paport, William K. .Saxton, Nat
Stiefel, Guy Wonders, L. B.
Schloss.
Publicity — Lou Brown, chairman;
Nelson B. Bell, William C. Ewing,
Don Craig, Andrew R. Kelley, Ed-
ward de S. Melcher.
Advertising — Frank LaFalce,
chairman ; E. J. Haley, N. Gold-
stein.
Reception — Rudolph Berger, chair-
man ; Fulton Brylawski, J. A.
Burns, Arthur A. Detitta, Rob-
ert Etris, John Firnkoess, Hyman
P. Rome, A. Lichtman, I. Wein-
berg, L. Thalheimer.
Seating — James B. Fitzgerald,
chairman; A. Bachrach, George
Gill, Dr. F. T. Shyne.
Hotels and Transportation —
Charles Kranz, chairman ; Phil
Ershler, R. E. Warn, Roy Knight.
Program — Sidney B. Lust, chair-
man; Nat Glasser, T. J. Clark,
Dan S. Terrell, William S.
Wilder.
Finance — Sam A. Galanty, chair-
man ; L- Garman, C. E. McGowan.
Out-of-Town Guests — Harry Hun-
ter, chairman ; Hunter Perry, Ed-
ward Heiber, Eddie Jacobs.
Printing — Charles Schulman,
chairman; Robert Smelzer, C. O.
Clark.
Decorations — Guy Wonders, chair-
man; Stephen E. Cochran, Hardie
Meakin, A. J. Pratt, Charles Roth,
S. Bendheim, Herman A. Blum.
Music — J. P. Morgan, chairman; L.
Makover, C. H. Olive, Orangelo J.
Ratto.
For the selling of tickets the mem-
bership has been divided into 10
teams, the captains of which are (11
Sam Back. (21 Louis Bernheimer,
(3) Harry S. Brown, (4) Frank
Durkje, (5) Robert M. Grace, (61
Robert J. Folliard. (7) Sidney B.
Lust, (81 William B. Wolf, (91
Hunter Perry, and (10) George A.
Crouch.
Makes American Debut
Hollywood, Oct. 21. — Carol Coom-
be, who created the leading role in
"Maedchen in Uniform" in the stage
version in London, will make her
screen debut here in Universal's
"Straight from the Heart." which will
feature Mary Astor and Roger Pryor.
Midwest to Open Depot
Omaha, Oct. 21.— Officials of the
Midwest Film exchange will open a
shipping depot in Des Moines to take
care of Iowa exhibitors. Booking will
still be done from the Omaha office.
To Visit Connecticut
Hollywood. Oct. 21. — Anna Sten
leaves here this week to attend the
opening of her picture. "We Live
Again." at the Music Hall Nov. 1 and
to visit a number of tobacco farms in
New England. The locale of her next
picture, "The Wedding Night." will "be
a similar farm and she will spend
some time among the growers.
To Open at Lake Charles
Lake Charles, La., Oct. 21. — Bob
Clemmons will open his new Ritz
about Nov. 15. This will give Lake
Charles five theatres.
Stuart-Powell Co-Star
Hollywood, Oct. 21. — Warners have
signed Gloria Stuart to co-star with
Dick Powell in "Gold Diggers of 1935."
The studio has also completed nego-
tiations with Adolphe Menjou for an
important role in the picture. Actual
production has already started under
direction of Busby Berkeley.
Para. Picks "Car 99"
Hollywood, Oct. 21. — "Car 99" has
been chosen by Paramount as the title
for the four Carl Detzler short stories
now being condensed into one con-
tinuity for the screen.
End Portland Union Row
Portland, Oct. 21. — After disturb-
ances with both the operators and
musicians, and picketing for four
years, the Capitol has gone union
again. Under the baton of Monty
Banks, a five-piece union orchestra
has been engaged.
Fox Switches a Title
Hollywood, Oct. 21. — Fox has
changed the title of Ladislaus Fodor's
story, "A Woman Lies." to "Thun-
der in the Night." Joe May will direct
the picture and Erich Pommer will
produce it.
Monday, October 22, 1934
MOTION PICTURE
DAILY
19
"Richest" Is
Philadelphia
Hit, $19,000
Philadelphia, Oct. 21— Second
runs and second weeks held down the
total gross last week, but it still
topped average. Helping the cause
was $19,000 reaped at the Earle with
•'Richest Girl in the World" plus Guy
Kibbee, Don Bestor and the Pickens
Sisters on the stage.
The Gaumont British invasion got
off to a good start with "Chu Chin
Chow" landing an encouraging $15,500
at the Fox and "Power" holding up
to the $7,000 mark at the Locust. Off
in the week was "Scarlet Empress,"
which mustered only $8,500 at the
Stanley.
Total first run business was $/7,100.
Average is $72,730.
Estimated takings for the week end-
ing Oct. 18:
"LAST GENTLEMAN" (U. A.)
ALDINE — (1,200), 40c-55c-65c, 2nd week,
5 days. Gross: $5,500. (Average, six days,
$7,000)
"CLEOPATRA" (Para.)
(Second Run)
ARCADIA— (600), 25c-40c-50c, 6 days.
Gross: $2,100. (Average, $2,400)
^THE BARRETTS OF WIMPOLE
STREET" (M-G-M)
BOYD— (2,400), 40c-55c-65c, 6 days, 2nd
week Gross: $11,000. (Average, $12,000)
"RiCHEST GIRL IN THE WOKLJO"
(Radio)
EARLE— (2,000). 40c-55c-65c, 6 days.
Stage- Guy Kibbee, Don Bestor and Or-
chestra, Pickens Sisters. Gross: $19,000.
(Average. $12,000)
"CHU CHIN CHOW" (Gaumont-Bntish)
FOX— (3,000), 35c-40c-65c, 6 days. Stage:
"Arabian Nights" prelude. Gross: $15,5UO.
(Average, $12,000) /r>
"NOW AND FOREVER" (Para.)
(Second Run)
KARLTON— (1,000), 30c-40c-50c, 6 days.
Gross: $3,000. (Average, $3,500)
"POWER" (Gauraont-British)
LOCUST— (1,300), 40c-55c-65c, 6 days.
Gross: $7,000. (Average, $7,000)
"SCARLET EMPRESS" (Para.)
STANLEY— (3,700), 40c-55c-65c, 6 days.
Gross: $8,500. (Average, $12,000)
"LEMON DROP KID" (Para.)
STANTON— (1,700), 30c-40c-55c. 6 days.
Gross: $5,500. (Average, $6,000)
What N. Y. Critics Think
"The Age of Innocence"
(Radio)
American — It is a handsome production;
well directed, exquisitely played, and nos-
talgically scented with the fragrance of
sweet lavender.
Daily Mirror — The Edith Wharton novel
has been transferred to the screen with
great dignity and charm, serving as a
tender love story for Irene Dunne and
John Boles***
Daily News — ***tenderly transferred to
the screen.***But in spite of its lack of
speed the picture never appears to lag.
Evening Journal — Characterizations, cos-
tumes and furnishings blend into a thor-
oughly believable picture of the mauve
decade, and the mood, once established,
is deftly sustained through a story that
interprets understandingly the conventions
and standards of another era.
Herald-Tribune — ***a dignified, stately
and picturesque version of Katharine Cor-
nell's decidedly dull drama of several sea-
sons ago, "The Age of Innocence." Al-
though Mr. Moeller succeeds in captur-
ing all the possible charm of the laborious
dramatization of Edith Wharton's novel
about New York in the 70s and Miss
Dunne performs attractively in the Cornell
role, I fear that the film edition remains
unfortunately lacking in exhilaration.
Sun — ** 'entirely satisfying*** Atmosphere
and secondary characters are delightful and
vivid. Perhaps it is the lack of emotion
the handsome but quite placid princi-
pals which keeps the film from catching
on fire. It should have***
Times — ***has been managed with all pos-
sible dignity and sincerity. The players
stagnate expertly against the suffocating
background of fashionable New York in
the solemn Seventies. ***Yet the photoplay
at the Music Hall leaves the spectator
curiously cold and detached from the rag-
ing emotions of the story.
World-Telegram — It is as fresh and love-
ly, moving and engrossing on the screen
it was between covers, a superior
picture, admirably acted by its entire
cast and superbly directed by Philip Moel-
ler, of the Theatre Guild.
It
Mrs.Wiggs" Tops
Buffalo, $18,100
Buffalo, Oct. 21— Columbus day
holiday helped all theatres, particularly
the Buffalo, where "Mrs. Wiggs of
the Cabbage Patch" drew youngsters.
Its take was $18,100 against a normal
$14,300. "The Barretts of Wimpole
Street" also topped average in its
second week. Weather was fair and
warm.
Total first run business was $47,200.
Average is $44,800.
Estimated takings for the week end-
ing Oct. 19 :
"MRS. WIGGS OF THE CABBAGE
PATCH" (Para.)
BUFFALO — (3.500) . 30c-55c, 7 days
Stage: Landt Trio & White; Edgar Ber-
gen; Carr Brothers & Betty; Three Little
Words; Dorothy Crooker. Gross: $18,100.
(Average, $14,300)
"DEATH ON THE DIAMOND" (M-G-M)
"DESIRABLE" (Warners)
CENTURY— (3,000), 25c, 7 days. Gross:
$7,300. (Average, $6,000)
"CLEOPATRA" (Para.)
GREAT LAKES— (3,000), 25c-40c, 7 days
Gross: $8,600. (Average, $10,000)
"THE BARRETTS OF WIMPOLE
STREET" (M-G-M)
HIPPODROME— (2,100), 25c-40c, 7 days
2nd week. Gross: $8,200. (Average, $8,000)
"THE HUMAN SIDE" (Univ.)
"THE LOVE CAPTIVE" (Univ.)
LAFAYETTE— (3,300), 25c, 7 days. Gross
$5,000. (Average, $6,500)
"The Last Gentleman"
(United Artists)
American — A charming picture, at once
gay, tender and tearful, serves as the
delightful vehicle which again brings that
distinguished thespic gentleman, George
Arliss, within our cinematic ken. It is
the best of his less pretentious produc-
tions.***
Daily Mirror — George Arliss plays anoth-
er great role and provides more great
entertainment with this human, sparkling
comedy.***
Daily News — The production is fine all
the way through, from the splendid act-
ing of the star and cast down to the
last detail of the interesting and appro-
priate sets. Sidney Lanfield's direction
is expert and his cast works harmoniously
together.
Evening Journal — With his customary
charm and skill, George Arliss adds still
another memorable characterization to
his list of distinguished screen portraits
Herald-Tribune — Mr. Arliss is too busy
being charming and antiquely elfin -to have
much time left in which to give a good
performance but minor roles are well plaved
by Miss Oliver, Miss Janet Beecher, Ed-
ward Ellis, Donald Meek and Ralph Mor
gan.
Post — "The Last Gentleman," being a
study of character, derives almost entire
ly from Mr. Arliss's performance. Sidney
Lanfield's direction has endowed the pic-
ture with touches of sly humor and an
authentic New England atmosphere.
Sun — George Arliss puts on a one-man
show*** proving once more that a vivi("
personality and a shrewd sense of show
manship can out-balance a weak story
any day. "The Last Gentleman" is pure
and simple Arliss, a grand exhibition of
the screen's most amusing character actor
in top-notch form. That, by the way.
is just about all it is. Sometimes it seemed
enough.
Times — The new photoplay finds both Mr
Arliss and the dialogue writers in excel-
lent spirits.***Mr. Arliss drops into this
featherweight comedy with a genuinely in
gratiating gayety.
World-Telenram — The return of George
Arliss to light comedy is in itself a mat-
ter for huzzas; that he should have been
so fortunate as to find a good comedy is a
circumstance which calls for loud and lusty
cheering.
"The Man of Aran"
(Gaumont British)
American — A saga of the sea, awesome in
grandeur, terrifying in beauty, storms over
the screen of the Criterion to the wail
of the banshee and the eerie, moaning mel-
odies of Gael. Fascinating in its reality,
breath-taking in its magnificence, "Man of
Aran" is a cinematic epic filmed with an
artistry seldom achieved, rarerly encoun-
tered.
Daily News — In photographic art, stark
realism, and in compelling simplicity it is
a photoplay the like of which only rarely
visits Broadway. ***does not equal other
English imports in many respects, but it
is a piece of filmcraft likely to enjoy a
deserved welcome to these shores.
Evening Journal — ***one of the most
magnificent and remarkably vivid photo-
graphic studies yet seen on the screen.
Herald-Tribune — ***a beautiful and
striking chronicle of life in Ireland's wild
western islands.***another distinguished
point in Mr. Flaherty's career as a real
artist of the screen.
Post — Certainly it would be hard to match
the beauty and thrilling terror of the sea
as Flaherty has matched it in this picture.
For "Man of Aran" is a study in moods
and contrasts, and on the fierce, lean
shores of the Aran Islands it shows the
pitiless balance between life and death
which man is forced to maintain as the
price of his survival.
Sun — The director has realized to the
full not only the startling, fascinating
beauty of black battered rock and a sea
dashing sky-high above it, he has caught
the courage, the stark simplicity of the
few who have made of this island a
home.***It can not only stand equal to
any of Flaherty's works — it towers above
thein.
Times — ***has made a memorable film***
It is bare, cruel and authentically real;
it is ardent with life, and it represents the
pure cinema at its best.***immediately joins
the great tradition of "Grass," "Tabu" and
Mr. Flaherty's own "Nanook."
World-Telegram — ***a beautiful and stir-
ring film.***
"Cristo" Gets
High $16,000
In Cleveland
"The Merry Widow"
(M-G-M)
American — The exquisite, haunting mel
odies of the "The Merry Widow," echo-
ing down a quarter century, stir to thrilling,
sparkling life in the thrush-like throat of
Jeannette MacDonald upon the screen of th<
Astor Theatre, where the latest Lubitscli
triumph glows in all its glory. Scintillant,
splendid, it is a production that is robed in
beauty, bedecked with the dezzlements of
laughter and romance, a delight alike for eye
and ear and heart and soul.
Daily Mirror — "The Merry Widow" is an
excellent film, sparkling, gay and exhilarat
ing. It launches the Fall season of "super
special productions" most auspicously.
Daily News — Now Ernst Lubitsch has
taken the familiar story and the more fa
miliar but still entrancing tunes and has
devised something delightfully fresh and
thoroughly entertaining. . . .
Evening Journal — . . . Sumptuous sets
the delightful Franz Lehar music and deco
rative ballets. . . . Co-starring Maurice
Chevalier and Jeannette MacDonald, it's a
handsomely mounted romance-with-music
that has the advantage of some amusing
Lubitsch comedy deftly put over by George
Barbier, Una Merkel and Edward Everett
Horton.
Herald-Tribune — Under the brilliant guid
ance of the mighty Ernst Lubitsch, "The
Merry Widow," that sturdy veteran among
the operettas, emerges as a debonair and
witty photoplay that reveals the master of
cinema high comedy in his brightest mood.
Post — Those of you who go to the Astor to
see a recapitulation of "The Merry Widow"
will find little to refresh your memories. .
The picture is completely dominated by the
directorial genius of Herr Lubitsch. He has
not attempted anything in the way of re
vival. The plot outline of the original work
has been adhered to, and the music is es
sentially that of Lehar, yet the picture
emerges with the freshness and originality
of a creative work.
Sun — Whatever it may have been in its
ieyday, "The Merry Widow" is now
frothy little farce, sumptuously costumed
elaborately set and extremely uneven
entertainment. . . . On the whole, good
musical comedy entertainment. There are
some dull stretches, however, and a compli
cated plot to slow it up.
Times — It is a good show in the excellent
Lubitsch manner, heady as the foam on
champagne, fragile as mist and as delicately
Cleveland, Oct. 21. — Big money
here went to "The Count of Monte
Cristo," which took $16,000, over the
line by $6,000, at Loew's State.
Two holdovers were also in the big
money. "Judge Priest" was a big sec-
ond week draw with $8,500 at War-
ners' Hippodrome and "The Barretts
of Wimpole Street" did a fine $5,000
in its second week at Loew's Still-
man.
Total first run business was $47,500.
Average is $41,000.
Estimated takings for the week end-
ing Oct. 12:
"ONE MORE RIVER" (Univ.)
ALLEN— (3,300), 20c-30c-40c, 7 days.
Gross: $3,000. (Average, $3,000)
"JUDGE PRIEST" (Fox)
WARNERS' HIPPODROME — (3,800), 30c-
35c-44c, 7 davs, 2nd week. Gross: $8,500.
(Average, $6,000)
"BIG HEARTED HERBERT" (Warners)
RKO PALACE— (3,100), 30c-40c-60c, 7
days. Stage: Paul Ash and Tom Gentry
and his Ambassadors with cast of 25. Gross:
$15,000. (Average with stage show, $18,000)
"COUNT OF MONTE CRISTO" (U. A.)
LOEW'S STATE— (3,400), 30c-35c-44c, ?
days. Gross: $16,000. (Average, $10,000)
"BARRETTS OF WIMPOLE STREET"
(M-G-M)
LOEW'S STILLMAN — (1,900), 30c-3Sc-
44c, 7 days, 2nd week. Gross: $5,000. (Av-
erage, $4,000)
gay as a good-natured censor will permit.
W orld-Telegram — Here and there, thanks
to Ernst Lubitsch's luminous direction, the
film is sprightly and amusing enough. More-
over, it is deservedly sung and played by
the lovely Jeanette MacDonald and Maurice
Chevalier and a lot of other good people who
are in it.
"Happiness Ahead"
(Warners)
American — It is loaded with laughs, fra-
grant with dewy-eyed romance and gay
with tantalizing tunefulness. It's a happy
hit. *** (Josephine Hutchinson) ***emerges
from her debut as an unqualified success,
possessing personality, a wistful charm, a
whimsical gaiety and a high order of
histrionic ability.
Daily Mirror — This charming little ro-
mance with music suggests "It Happened
One Night" and "Servants' Entrance." She
(Josephine Hutchinson) is a new type.
Daily News — ***a pleasant little comedy
with music.***Miss Hutchinson's is an aus-
picious dabut, not that she makes a
smashing hit in her first screen role,
which she does not, but because she shows
great promise as stellar screen material.
Evening Journal — ***the film emerges as
an amiable little romance dotted with
songs.
Herald-Tribune — ***a frail little comedy
***Miss Hutchinson's first screen appear-
ance reveals her as a pleasant heroine
and her debut probably can be set down
as satisfactory, though not sensational.
_ Post — Though Mervyn LeRoy has exer-
cised his directorial art to enliven the story
with variety and pace "Happiness Ahead"
remains resolutely routine. For the home-
spun thing it is, it offers an acceptable
vehicle for Dick Powell, and little oppor-
tunity for Miss Hutchinson to show that
her screen debut is in the nature of a
sensation.
Sun — Mervyn LeRoy's handling of the
frothy material is skillful enough to keep
the tiny story always going. He's built
up atmosphere and comedy, placed the
songs where they are most needed. It
is still far from a dramatic triumph; but
it has a rather charming quality.***
Times — Out of the somewhat prosaic and
homely materials of boy and girl ro-
mance which composes the fibre of "Hap-
piness Ahead," he (Mervyn LeRoy) has
manufactured a winning and agreeable
film.
World-Telegram — ***pleasant, heartwarm-
ing and entertaining and a new screen per-
sonality who is a distinct surprise and
pleasure. The new screen personality is
Josephine Hutchinson.***
Completely
DEPENDABLE
THE dependability of Eastman Super-
Sensitive Panchromatic Negative is
not based entirely upon its well-known uni-
formity. It is the original, inherent quality
of the emulsion. ..its constant ability to help
producers and cameramen make the most
of every picture... that completes its depend-
ability.. .that seals the acceptance which
this famous film enjoys. Eastman Kodak
Company. (J. E. Brulatour, Inc., Distribu-
tors, New York, Chicago, Hollywood.)
EASTMAN Super-Sensitive
Panchromatic Negative
MOTION PICTURE
DAILY
Alert,
Intelligent
Faithful
Serviced
the Imfistry
in All
Branches
VOL. 36. NO. 96
NEW YORK, TUESDAY, OCTOBER 23, 1934
TEN CENTS
Fox Theatres
Petition for
New Deal Out
Withdrawn from Court;
Resume Probe Nov. 8
The petition for reorganization of
Fox Theatres Corp. was voluntarily
withdrawn by ex-Judge Charles Kelby,
,-ounsel for petitioning creditors, at
a hearing before Federal Judge Mar-
tin T. Manton yesterday.
Kelby stated that all claims filed
against Fox Theatres would be ex-
amined on their merits by a special
master on Nov. 8 and received Judge
Manton's permission to reinstate the
reorganization petition thereafter if
deemed advisable by the valid credi-
tors. Counsel for creditors of Fox
Metropolitan Playhouses opposed the
reorganization petition for Fox The-
atres on the ground that it was filed
(Continued on page 7)
U. S. Supreme Court Refuses
To Review Clearance Appeal
Washington, Oct. 22. — Denying a petition of Fae Robison of the
Seville Theatre, Inglewood, Cal., for review of the case, the U. S.
Supreme Court today in effect affirmed a decision of the Ninth
Circuit Court of Appeals in a suit brought by the exhibitor
against First National, M-G-M, Universal, Fox and the Los
Angeles Film Exchange Board of Trade, seeking to recover for
damages alleged to have resulted from a rezoning of the house.
The suit charged violation of the Sherman Anti-Trust Act by
the defendants in conspiring to refuse to furnish product in "fair
competition" with a competitor and in arbitrarily shifting the
Seville, but not other houses, out of the Inglewood zone and into
Los Angeles.
A verdict in favor of the exhibitor, carrying a judgment of
$35,336, was reversed by the Circuit Court of Appeals.
Charles Skouras in
For FWC Discussion
Charles Skouras and his secretary,
Edward Zabel, arrived from the coast
yesterday and immediately went into
session with officials of Chase National
Bank and Hughes, Schurman &
Dwight on reorganization plans for
Fox West Coast. The meeting lasted
all day.
Charles Buckley, attorney for
F. W. C, was delayed the last min-
ute on the coast and did not accom-
pany Skouras and Zabel. Buckley
will come on later. The downtown
meetings are expected to last sev-
eral weeks.
Chrysler Air-Conditioning
Ready; F. B. Warren Gets It
N. 0. Exhibitors to
Invite MPTOA There
New Orleans, Oct. 22. — Local ex-
hibitors at a meeting to be held in the
near future will draft a formal invita-
tion to M. P. T. O. A. to hold its
next annual convention here at Mardi
Gras time next February.
It is understood that holding of the
1935 convention here was discussed at
this year's gathering at Los Angeles
and is viewed with favor by influen-
tial M. P. T. O. A. officers.
Many Pastors Talk
Films; Silent Here
Sunday was the day set for Protes-
tant sermons on the subject of clean
films throughout the country. For
more than two months the Federal
(Continued on page 5)
Chrysler-made equipment for cool-
ing, heating and ventilating theatres
will be sold, distributed and installed
exclusively in the United States by
the Control Corp. of America, formed
and headed by F. B. Warren. The
company marks a return into business
for himself of the veteran distributor
who for the past six years has been
a sales executive with Erpi.
Advent into the air-conditioning
field was made recently by the motor
manufacturer whose son, Walter P.
Chrysler, Jr., as president heads Air-
temp, Inc., the distributing organiza-
tion which will itself handle all sales,
(Continued on page 6)
Michigan Takes in
1933 $14,124,000
Washington, Oct. 22. — Michigan's
406 theatres last year had box-office
receipts of $14,124,000 and expended
$3,072,000 on payrolls, according to
figures made public tonight by the
U. S. Census Bureau.
The bureau's report showed 100 the-
atres in Detroit, with receipts of
$7,143,000 and payrolls of $1,881,000;
17 in Flint with receipts of $656,000
and payrolls of $119,000; 21 in Grand
Rapids with receipts of $606,000 and
(Continued on page 6)
Actors Move to Ask
An A. F. of L. Charter
Hollywood, Oct. 22. — A tentative
proposal to obtain a charter in the
American Federation of Labor, it was
learned yesterday, is to be submitted
to the board of directors of the Screen
Actors' Guild. This is the first step
toward combating the recent refusal
(Continued on page 6)
Production Falls
Off on the Coast
Hollywood, Oct. 22. — Production
continues to recede, with a total of 36
features and eight shorts in work as
compared to 38 features and six shorts
before the cameras for the preceding
week.
In addition, there are 20 features and
12 shorts in the final stage of prepar-
ation, while 51 features and 21 shorts
are in the final stages of editing.
Warners continue to lead the field
with eight features in work, two pre-
paring and editing; M-G-M has
(Continued on page 6)
Para. BVay Plan
Opponents Active
The bondholders' plan of reorganiza-
tion for Paramount Broadway Corp.,
the subsidiary owning title to the Par-
amount Building and Theatre in Times
Square, was revealed yesterday to be
still in a form displeasing to minority
creditor groups.
A hearing on the plan and objections
to it was postponed to Nov. 12 by
Referee John E. Joyce at the request
(Continued on page 6)
Par amount -Quittner
Deal Going to Joyce
The agreement by which Paramount
Publix pays to Edward Quittner
$10,000 in settlement of the $5,100,000
Quittner anti-trust suit will be filed
today with Referee John E. Joyce.
An application for an order from
(Continued on page 6)
New Code Cost
Plan Unfair,
Says Johnston
Rifkin Also Opposed to
Burden on Indies
Monogram is the first independent to
protest against the revised producer-
distributor assessment plan announced
by the NRA late last week. Both W.
Ray Johnston, president of Monogram
and a member of Campi, and Herman
Rifkin, Boston franchise holder, have
voiced dissatisfaction over the revised
schedule. Johnston's protest was made
in the form of an announcement to
the press, while Rif kin's objections
were sent to Code Authority, which
is forwarding the letter to Washing-
ton.
All protestants against the new plan
must file objections by Oct. 30 when
a hearing will be in Washington. The
schedule is out of Campi's hands now
and future action rests with the De-
partment of Research and Planning.
Last week Harold S. Bareford, a
(Continued on page 7)
Exhibitor Protests
On Cancellation Up
Exhibitor objections to a provision
in the 10 per cent cancellation clause
in uniform contracts will be discussed
by Campi's legal committee tomor-
row. Theatre owners are protesting
the clause on the grounds that dis-
tributors, after cancelling a picture in
the higher brackets, substitute a low-
er rental film by raising the ante to
meet the price of the cancelled film.
In other words, if an exhibitor can-
cels a picture priced at $250 in the
(Continued on page 7)
Seating Code Goes
Over Indefinitely
Washington Oct. 22. — The Na-
tional Recovery Administration today
announced that the code for the pub-
lic seating industry had been con-
tinued indefinitely, pending a deter-
mination whether the trade needs a
more inclusive code.
The code was originally approved
in July for a 90-day period, with a
(Continued on page 7)
Richards Here for
Saenger Conference
E. V. Richards, trustee and oper-
ating head of Saenger Theatres, ar-
rived from New Orleans yesterday
for conferences with the Paramount
Publix trustees and their counsel on
(Continued on page 6)
MOTION PICTURE
DAILY
Tuesday, October 23, 1934
MOTION PICTURE
DAILY
(Registered U. S. Patent Office)
Vol. 36
October 23, 1934
No. 96
Martin Quigley
Editor-in-Chief and Publisher
MAURICE KANN
Editor
JAMES A. CRON
Advertising Manager
Published daily except Sunday and holi-
days by Motion Picture Daily, Inc., sub-
sidiary of Quigley Publications, Inc.,
Martin Quigley, President; Colvin Brown,
Vice-President and Treasurer.
Publication Office: 1790 Broadway, New
York. Telephone Circle 7-3100. Cable ad-
dress "Quigpubco, New York." All con-
tents copyrighted 1934 by Motion Picture
Daily, Inc. Address all correspondence to
the New York Office. Other Quigley pub-
lications: MOTION PICTURE HERALD
BETTER THEATRES, THE MOTION
PICTURE ALMANAC and THE CHI-
CAGOAN.
Hollywood Bureau: Postal Union Life
Building, Vine and Yucca Streets, Victor
M. Shapiro, Manager; Chicago Bureau: 407
South Dearborn Street, Edwin S. Clif-
ford, Manager; London Bureau: Remo
House, 310 Regent St., London, W. 1,
Bruce Allan, Representative. Cable address:
"Quigpubco, London"; Berlin Bureau:
Berlin-Tempelhof, Kaiserin-Augustastrasse
28, Joachim K. Rutenberg, Representative;
Paris Bureau: 19, Rue de la Cour-des-
Noues, Pierre Autre, Representative; Rome
Bureau: Viale Gorizia, Vittorio Malpassuti,
Representative; Sydney Bureau: 102 Sus-
sex Street, Cliff Holt, Representative; Mex-
ico City Bureau: Apartado 269, James
Lockhart, Representative; Glasgow Bureau:
86 Dundrennan Road, G. Holmes, Repre-
sentative; Budapest Bureau: 3, Kaplar-u,
Budapest, II, Endre Hevesi, Representa-
tive; Moscow Bureau: Civtzev Vrazhek, N
25, Apart. 146, Moscow, U. S. S. R., Bella
Kashin, Representative. Cable address:
Samrod, Moscow.
Entered as second class matter, January
4, 1926, at the Post Office at New York
City, N. Y., under Act of March 3, 1879.
Subscription rates per year; $6 in the
Americas, except Canada $15 and foreign
$12. Single copies: 10 cents.
Erpi Promotes Three
Three promotions have been made
public by Erpi. W. E. Woodward
has been advanced to acting sales
manager of the southeastern division.
H. O. Duke is now acting assistant
sales manager in the same division
without relinquishing his old post of
credit and collection manager of the
division. R. W. Horn has been ap-
pointed assistant sales manager of the
northeastern division. He will be re-
sponsible for sales in the metropoli-
tan area, New Jersey and the Hud-
son valley.
"U" Starts 3 on Oct. 29
Hollywood, Oct. 22. — Universal
will come out of the temporary pro-
duction slump on Oct. 29, when three
pictures will get under way.
Films slated for the camera on that
date are "Straight From the Heart,"
starring Baby Jane with Kurt Neu-
man directing; "I've Been Around,"
starring Chester Morris, both B.
F. Zeidman productions, and a serial,
"Rustlers of Red Dog," top spotting
Johnny Mack Brown and Raymond
Hatton. Lewis Friedlander will direct.
Carl Laemmle, Jr., Sails
Hollywood, Oct. 22. — Carl Laem-
mle, Jr., is en route to New York on
board the 6". S. Santa Rosa, which is
scheduled to dock there Nov. 5. He
sails for Europe a week later on a
three months' vacation. He is accom-
panied by Harry Zehner.
Sonotone Convention
Told of New Devices
Dr. Hugo Lieber, president of
Sonotone, yesterday announced three
new developments of the company's
hard-of-hearing apparatus as the first
of a three-day second annual conven-
tion opened at the Park Central. He
stated Sonotone is putting out a new
single transmitter, which looks like
a jewel instead of a piece of equip-
ment ; a new development in the group
equipment field for theatres, churches,
auditoriums and schools, and a new
portable recording equipment whereby
the human voice can be recorded and
later reproduced for schools and col-
leges.
Talking before 350 representatives
from the United States, London and
Paris, Dr. Lieber said that a new era
for the hard-of-hearing is at hand in
that for the first time individuals
having difficulty with their hearing
can have devices fitted to their par-
ticular needs just as glasses are tested
for persons having trouble with their
eyesight.
An increase of more than double
the number of dealers was announced
when it was stated that the company
now has more than 700 sales repre-
sentatives in the U. S., compared to
350 last year. In the foreign field, an
increase in dealers also was noted.
Whereas the company had only six
in 1933, it now has a total of 35.
It was estimated that sales for 1934
will run around $1,250,000, compared
to $766,000 last year and $242,000 in
1932.
Dean Babbitt, vice-president and
general sales manager, introduced the
speakers. P. Oliver Goldsmith, Lon-
don, and Jules LaFevre, Paris, repre-
sentative, also attended.
Theresa Helburn Signed
Theresa Helburn, playwright, direc-
tor and member of the New York
Theatre Guild Board of Management,
has been signed by Columbia. Her
contract calls for her to be present
at the studio for eight months of the
year to assist Harry Cohn in an ex-
ecutive capacity.
Depinet, Mallard Delayed
Hollywood, Oct. 22. — Ned E. Depi-
net, RKO Radio president, and Wil-
liam Mallard, general counsel, were
delayed in starting their return trip
to New York this week-end. Present
plans call for their departure tomor-
row by plane, to arrive in New York
Wednesday.
Lewis and Others on
Fast Burlington Run
Hollywood, Oct. 22. — Jack Lewis of
Radio leaves here tonight for New
York on the new Burlington Zephyr,
the streamline test train that is set to
make the trip in 60 hours.
Aside from newspaper representa-
tives, Anita Louise and Henry Hull
will represent Hollywood on the trip.
Both players, while in New York, are
scheduled to make personal appear-
ances with their latest pictures, Miss
Louise at the Strand where "Madame
DuBarry" opens Wednesday and Hull
at the opening of "Great Expecta-
tions" which will probably open at the
Music Hall in the near future.
Fan Club Federation
Now Getting Started
Fan clubs are forming a federation
— an international federation, no less.
Eighteen of them are already in, the
sponsors say, and others are being
added. They claim to be "constructive
forces."
"We aim to be the champions of the
stars, to see that they get a square
deal at the hands of the public and
the press," says a statement by Gwen
Troughton, president of the federa-
tion. "Now is our chance to ascend
the throne which has long been with-
held from us. With your active in-
terest, this can easily be accom-
plished."
To Meet Sophie Tucker
The American Federation of Act-
ors is planning a welcome home party
to Sophie Tucker on her return from
England Nov. 1. A tug has been
chartered to go down the bay to meet
the Manhattan, on which she is re-
turning, and a fleet of 15 cars will
meet her at the pier for a parade up
Broadway.
Columbia Dividend Set
Columbia Pictures Corp., has de-
clared a regular quarterly dividend of
75 cents on its preferred stock, pay-
able Dec. 1, to stockholders of record
Nov. 15.
Kent Back from South
S. R. Kent, president of Fox, is
back in New York from a vacation
trip at White Sulphur Springs and
returns to his desk this morning.
Trading Light on Big Board
Net
High Low Close Change
Columbia Pictures, vtc 3744 36 36 —14$
Consolidated Film Industries, pfd 15J4 15 15
Eastman Kodak 10344 10244 10244 — *4
Fox Film "A" 1344 13*$ 13*$ — *4
Loew's, Inc 31*1 3041 30*4 — 4$
Paramount Publix 44$ 4*$ 4*$ — *$
Pathe Exchange 1*4 1*4 1*4 + *$
Pathe Exchange "A" 13*4 134$ 134$ — *$
RKO 2*4 2*4 2*4
Warner Bros 4% 4?4 444 — *$
Technicolor Off Vs on Curb
Net
High Low Close Change
Technicolor 13*$ 1244 12% — *$
Warner Bonds Drop Half Point
Net
High Low Close Change
General Theatre Equipment 6s '40 74$ 64$ 7 + *$
General Theatre Equipment 6s '40, ctf 7 7 7 + 54
Paramount F. L. 6s '47 5844 584$ 583/$ — 4$
Paramount Publix 5*4s '50 58*4 SSH 583/$. — *$
Warner Bros. 6s '39, wd 6034 59*4 59*4 — *4
Sales
500
1,200
400
1,200
3,800
7,000
900
200
600
2,000
Sales
600
Sales
7
12
42
22
7
< Purely
Personal ►
JOHN C. FLINN, George Dem-
bow, Sam Dembow, Ed Schnitzer,
Nat Cohen, David Loew, Louis
Phillips, Sam Rinzler and Mort
Spring among the luncheoners at the
M. P. Club yesterday.
Joseph J. Rosenthal, secretary of
Consolidated Theatres, Ltd., of Can-
ada, leaves for Montreal today and
returns Friday. J. Arthur Hirsch,
president, is now in Montreal.
Mervyn LeRoy, accompanied by
Mrs. LeRoy, will leave for New
York as soon as he finishes cutting
"Sweet Adeline."
Berthold Viertel, director of "Lit-
tle Friend," who came here to attend
the opening at the Roxy, sails for
England today on the Washington.
Faith Baldwin has completed a
four-day contract with M-G-M on the
coast and is due back in New York
later in the week.
Harry C. Arthur gets back from
the coast on Saturday. Jack Par-
tington will probably wait until
Arthur returns before heading west.
Stephen E. Fitzgibbon is en route
back to Paramount's Joinville studio
aboard the lie de France after a visit
of several days here.
Dr. Karl Fischel of the N.V.A.
Sanitarium in Saranac, N. Y., was in
town yesterday conferring with Har-
old Rodner.
Dave Palfreyman returned yes-
terday from a three weeks' survey of
theatre conditions in the south and
southwest.
Regis Toomey is on his way to the
coast after a one-week stay in New
York.
Seton I. Miller, writer, and Mrs.
Miller arrived yesterday on the Santa
Lucia from the coast.
Ferdinand Weyher's and Frank
Wead's "Lady With a Badge" has
been bought by Warners.
Louise Henry, M-G-M player, is
in town for a six weeks' vacation.
It's the first in a year.
Louis Weinzimmer of Progressive
Poster returned yesterday from Pitts-
burgh.
Milton Weiss of M-G-M has been
added to the A. M. P. A. publicity
committee.
M. H. Hoffman, president of Lib-
erty, reached the coast yesterday by
plane after a week in New York.
Edward Raferty returns from a
midwest tour on Thursday.
Hal Roach has gone back to the
coast after a week here.
Ed Kuykendall is due in town
Thursday.
Dave Diamond plans to leave for
the coast within the next few days.
Budd Barksy now plans to leave
for Hollywood tomorrow afternoon.
Magazines Change Hand
Macfadden Publications have taken
over Photoplay and Shadowland. First
issues under the new management will
be under December issue. This gives
Macfadden three fan magazines, the
other being Movie Mirror.
AIR-CONDITIONING
FOR THEATRES
Now another nationally-advertised name can lake
its place on your theatre's marquee: Air-Condi-
tioned by Chrysler.
The genius that developed not one, but four great
lines of cars and advanced them from 7th place
in output in 1924 to 2nd place in world output in
1933, will now effect a revolution in the virtually
new industry of air-conditioning.
The Chrysler-made equipment in this field will
possess the quality and excellence of this mighty
manufacturer's automotive output.
A special organization has been formed to
bring the air-conditioning systems produced by
Chrysler and marketed by Airtemp Incorporated
into the theatres of the nation. Turn for the
Announcement —
This
ORGANIZATION WILL
SELL IT
Control Corporation of America has been organized
to sell, install and maintain the Chrysler-made air-
conditioning system in tlx- theatres of the United
States. It has been organized and is headed by
F. B. Warren, who for twent) year- has been known
to almost everyone in the field of theatre ownership
and management.
Installations w ill begin in December in a group of the
country's outstanding theatres. Between January ami
May 1, 300 installations will be available. One-half of
these have been allotted to those state- where summer
is at hand by May. Each installation is a tailor-made
job designed to meet the requirements of vour theatre.
A national sales-engineering staff has been assembled
to solve your specific problems. Price quotations of
most attractive character will be made after a survev
from the New liork head office of Mr. Warren's
organization.
f^ontrol
CORPORATION OF AMERICA
250 West 57th Street
New York City
TELEPHONE Circle 7-0077
Authorized by AIRTEMP INCORPORATED, World Distributors of Air Conditioning Products of Chrysler Motors
MOTION PICTURE
DAILY
Looking 'Em Over
"Pursued"
(Sol WurtzeUFox)
The old story of lust and villainy in the Near East pops up again
in "Pursued," which has sufficient color and capable acting to overcome
its triteness of theme and win for itself a listing as moderate entertain-
ment.
This time the villain is Victor Jory, whose word is law in the East
Indian island where he rules the plantation seized by him after slaying
Russell Hardie's father. When Hardie, who does not know the true
facts of his father's death, arrives from the States to take over the plan-
tation, Jory tries to get him out of the way. Temporarily blinded by the
beating he receives from Jory's henchmen, Hardie is taken in by Rose-
mary Ames, a woman of easy virtue who performs in a native hot spot.
She nurses Hardie, who idealizes her into something she is not. Both
fall passionately in love.
The girl, fearful the youth will despise her when he recovers his sight
and discovers the truth about her, makes arrangements to return to the
States in the hope of redeeming herself. Her plans are blasted when
Jory carries her off against her will. When Hardie regains his sight he
is terribly disillusioned. Things are only made worse when he meets her
at Jory's place. His enmity against the youth now sharpened by
jealousy, Jory goes gunning for him. Hardie is saved when
Miss Ames warns him. In the fight that follows Jory is slain. This
paves the way for the reunion of the lovers.
Pert Kelton lends comedy to the story. Louis King directed.
Code seal No. 109. Running time, 70 minutes.
«
Lost in the Stratosphere"
(Monogram)
An entertaining melodrama in which two buddies are always after
each other's new girl friend and climaxed by William Cagney winning
out over Edward Nugent with June Collyer.
The story has as its background the army air corps with Nugent as
first lieutenant and Cagney second lieutenant. Both get a great kick out
of playing innocuous pranks on each other when a new girl enters the
scene, but split between the pals comes when Cagney innocently falls in
love with Miss Collyer, and vice versa. The heroine had come to visit
her fiance, Nugent, who is out-of-town at the time, and is picked up by
Cagney. Believing the informal acquaintanceship unimportant, Miss
Collyer gives Cagney her maid's name and after a quick courtship they
fall in love.
When Nugent returns from a flying expedition, he learns about the
affair and ends his friendship with Cagney. Both are assigned to go
up in a balloon bound for the stratosphere. The balloon gets into an
electrical storm and Nugent knocks Cagney out cold after the latter has
donned a parachute and throws him out. Cagney lands safely, but
Nugent is later hurt when the balloon crashes. Nugent admits Cagney
has won Miss Collyer and in planning other flights he thinks Cagney
should stay at home. Satisfying entertainment.
Running time, 64 minutes. No code seal.
Seattle Tips
High $8,700
To "Priest"
Tuesday, October 23, 1934
Six Films Set
To Start At
Twickenham
By BRUCE ALLAN
London, Oct. 22. — Six productions
;i inounced by Julius Hagen at the
inauguration of the new floor at
Twickenham will be distributed
t'irough Gaumont-British.
They are "Al at Lloyds," the spec-
tacular history of the famous shipping
institution; "Squibs," with Betty Bal-
four; "The Morals of Marcus," with
Lupe Velez : "Vintage Wine," with
Seymour Hicks ; "The Private Life of
Sherlock Holmes," with Arthur Wont-
ner, and "Oliver Cromwell," from the
Richard Fisher story.
* * *
Cosmopolitan Picture Corp. is look-
ing for a studio site at Sheffield. It
plans the first modern plant in the
irovinces, though Sheffield made
>ilents in the very early days. The
scheme for a plant at Stanmore, near
Elstree, put forward by Film Plays,
Ltd., has been rejected by the local
council.
* * *
Western Electric have now re-wired
.188 British theatres previously
equipped with other systems.
* * *
Poster and still displays for "The
House of Rothschild" at Bristol have
been disfigured by Fascist cranks who
painted swastikas over the frames.
Film continued to play to capacity.
* * *
Both Paramount and Gaumont-
British secured news film showing the
actual assassination of King Alexan-
der. Versions shown eliminated the
lynching of the murderer, which had
been filmed in full, but include the
sabre strokes with which Colonel Pio-
let felled him and Gaumont-British
had a close-up interior of the car
showing the dying king. Some London
theatres had out special banners ad-
vertising these films which had a big
press and were viewed by Scotland
Yard officers trying to identify faces
in the crowd.
* * *
Harry Eddington arrived with Bar-
bara Kent, and stated that Garbo was
willing to do a film in England, terms
and story suiting. Among other things
will confer with Al Santell, whose
plans, following his parting with
Toeplitz, are at present unsettled.
Brandon Tynan New
Actors' Guild Head
Brandon Tynan has been elected
president of the Catholic Actors' Guild
of America. Other new officers are:
first vice-president, Gene Buck; sec-
ond vice-president, Wallace Ford ;
treasurer, Rev. John F. White; secre-
tary, Donald Brian; chairman of the
executive board, Pedro De Cordoba;
executive committee, Elizabeth Loner-
gan and Mrs. John Cross; chairman
of the advisory board, Fred Timms.
Father Leonard, pastor of the Actors'
Church, will remain as chaplain.
Buck, who has served three terms
as president, has been given a life
membership in recognition of his
services.
U. S. Films Lead in
Finland's Theatres
Washington, Ost. 22. — American
pictures hold a dominant position in
Finland, according to a report from
Consul Cyril L. Thiel, in Helsingfors,
made public by the U. S. Department
of Commerce. About 75 per cent of
all the films exhibited there are of
American origin.
While the number of theatres has
declined, box-office receipts have in-
creased. This, it is stated, is due to
improved business conditions.
Goldstone Is M-G-M
Associate Producer
Hollywood, Oct. 22.— Phil Gold-
stone has joined M-G-M as an asso-
ciate producer. His first will be
"Mala" and his second "Bottom of the
Sea."
Schenck and Zukor
To Be Ampa Guests
Nicholas M. Schenck and Adolph
Zukor will headline the Ampa guest
roster at the meeting Thursday at
the M. P. Club. It marks the first
time Schenck and Zukor have con-
sented to appear at the Ampa and
President William R. Ferguson is
credited with the coup.
Other celebrities are being lined up
and will be announced today. A rec-
ord turnout is expected.
Flash Preview
Lightning Strikes Twice — A weak
story keeps this one uninteresting al-
though it has able cast portrayals.
This film will be reviewed in full in a
later issue of Motion Picture Daily.
Seattle, Oct. 22.— "Judge Priest"
was an outstanding hit here last week
at the Fifth Avenue. The $8,700 take
was over normal by $1,700.
Grosses elsewhere were only mild.
"Have a Heart," with a stage show,
was slightly over average at $6,100 in
the Paramount and "Gift of Gab"
was $100 up on a $3,600 take at the
Music Box.
Total first run business was $31,200.
Average is $31,000.
Estimated takings for the week end-
ing Oct. 20:
"COUNT OF MONTE CRISTO" (U. A.)
BLUE MOUSE— (950), 25c-40c-55c, 7 days,
2nd week of extended run from Music Hall.
Gross: $3,850. (Average, $4,000)
"JUDGE PRIEST" (Fox)
FIFTH AVENUE— (2,450), 25c-40c-5Sc, 7
days. Gross: $8,700. (Average, $7,000)
"DUDE RANGER" (Col.)
"MOST PRECIOUS THING IN LIFE"
(Columbia)
LIBERTY— (1,800), 10c-15c-25c, 7 days.
Gross: $3,650. (Average, $4,000)
"GIFT OF GAB" (Univ.)
MUSIC BOX-(950), 25c-35c-50c, 7 days.
Gross: $3,600. (Average, $3,500)
"MADAME DU BARRY" (Warners)
MUSIC HALL— (2,275), 25c-40c-55c, 7
days. Gross: $5,300. (Average, $6,500)
"HAVE A HEART" (M-G-M)
PARAMOUNT— (3,050), 25c-35c, 7 days.
Stage: "Girls in Cellophane." Gross: $6,100.
(Average, $6,000)
Many Pastors Talk
Films; Silent Here
{Continued from page 1)
Council of Churches of Christ in
America has been sending out mate-
rial to pastors upon which they were
to prepare sermons, if they wished.
Monday's New York Times, Her-
ald-Tribune and American made no
reference on the pages devoted to Sun-
day sermons of any mention of films
from pulpits here.
Dr. Worth M. Tippy, executive
secretary of the council, said no
check up was being made of the num-
ber of pastors who responded to the
call. He estimated the number who
had done so at between 25,000 and
50,000. He said he hoped that as a
result of this work Better Films
Councils would be formed in each reli-
gious district throughout the country.
Distribution of pledges would be con-
tinued, he said, but no plans have
been made for furtherance of the
clean films drive.
Sees Film Improvement
In her biennial report to the Inter-
national Federation of Catholic Alum-
nae Mrs. James F. Looram of Elm-
hurst, Queens, says there has been
an improvement in films since the
inauguration of the Production Code
Administration.
Para. Sets Two Titles
"Me Without You" has been
selected as the definite title of the
musical based on the original, "One
Hour Late," which Paramount is
producing.
"Once in a Blue Moon" will be the
release title of the Jimmy S^vo fea-
ture being produced at the Eastern
Service Studios for Paramount.
6
VtOTION PICTURE
DAILY
Tueiday, October 23, 1934
Para. BVay Plan
Opponents Active
(Continued from page 1)
Chrysler Air-Conditioning
Ready; F. B. Warren Gets It
of counsel for Paramount Publix trus-
tees. The adjournment was granted
over the objections of Malcolm Sum-
ner, counsel for opposing Paramount
Broadway bondholders. The trustees'
counsel reported that conferences
aimed at removing features of the re-
organization plan which have been ob-
jected to are being continued and
progress is being made.
Pending acceptance of the reorgan-
ization plan, Paramount Broadway's
$44,000,000 claim stands against Para-
mount Publix.
Paramount-Quittner
Deal Going to Joyce
(Continued from page 1)
Joyce directing the Paramount trus-
tees to produce books and records of
the company's foreign subsidiaries for
examination by Edwin L. Garvin,
counsel for three Paramount bond-
holders, was put over to Oct. 29 for
hearing. Garvin's petition charges that
accountants retained by him to study
the books had been refused informa-
tion on salaries paid to executives as-
sociated with the foreign subsidiaries.
New Para.-Bank Delay
A petition for examination of of-
ficials of Paramount Publix creditor
banks, sought by trustees of the debtor
under Section 21-A of the bankruptcy
laws and scheduled for hearing yes-
terday before Referee John E. Joyce,
was postponed to Nov. 12.
Richards Here for
Saenger Conference
(Continued from page 1)
a revision of the plan of reorganiza-
tion for Saenger which, according to
reports, may result in lessening the
Richards stock interest in the new
Saenger company.
Except to explain that the situation
is still in the discussion stage and
that he is unable to make public com-
ment on what is the "concern of the
trustees," Richards declined to dis-
cuss the current conferences. He will
be here another three or four days.
It is understood that the Paramount
trustees feel that Paramount should
have more influential participation in
the new Saenger company than is pro-
vided in the original plan of reorgan-
ization.
Cohen in on Para. Plan
Emanuel Cohen, Paramount studio
head, arrived from the coast yester-
day for conferences in connection with
the Paramount Publix reorganization.
He expects to remain two or three
weeks. Henry Herzbrun starts easi
tomorrow for the same purpose.
Disallow $50,000 Claim
A claim of $50,000 filed against
Paramount Publix by Liberty Prod,
was disallowed and expunged in an
order handed down yesterday by Fed-
eral Judge Alfred C. Coxe.
(Continued from page 1)
under the sales management of H. C.
Jamerson, except in the theatre classi-
fication granted to Warren's company.
For the manufacture of the equipment
itself, in all fields of air-conditioning,
there is the Chrysler-owned Amplex
Corp. with its plant in Detroit.
Readiness to make immediate sur-
veys and installations in theatres is
stressed by Warren with the statement
that equipments are available for quick
delivery and that the executive operat-
ing staff of the Control Corp. has been
named.
The head of the engineering staff
will be Andre Merle, and all engineer-
ing and air-conditioning equipment
problems will be under his direction.
Merle's experience in air conditioning
dates from his discharge from the mili-
tary service in 1922. He served in the
regular army with the First Division
Engineers and with the French Colo-
nial Army during the World War.
He has had wide experience in all
phases of air conditioning; industrial,
commercial and transportation ; thea-
tres, department stores, banks. While
with the Carrier Engineering Corp.
he worked on the design and installa-
tion of such plans as the Chrysler and
Lincoln Buildings, New York, and
the J. L. Hudson department store,
Detroit.
For the last three years he has been
connected with Clyde R. Place, con-
sulting engineer in air-conditioning
and for Place has worked on the
Rockefeller Center development in-
cluding stores and theatres, and on the
design of the new Government
Archives Building in Washington.
The value of the air-conditioning, cool-
ing and refrigeration work under
Merle's supervision on these develop-
ments alone exceeds $10,000,000, ac-
cording to Warren.
Names Additional Executives
William E. Harkness will be the
traffic and contracting consultant. For
30 years he was with the American
Telephone and Telegraph Co. and for
years head of its radio activities. He
was the builder and executive in
charge of Station WEAF, later dis-
posed of to National Broadcasting.
For the last seven years he has been
an executive of Erpi. He will be ex-
ecutive adviser to Warren.
Arthur E. Ralph, also for years
with Erpi and prior to that with R.
Hoe & Co., and Winchester Arms
Co., will head Control's division of
survey and installation as well as be
assistant treasurer of the corporation.
Ralph was plant engineer of Win-
chester Repeating Arms Co.
I. M. Magnus will be secretary.
Announcement of the personnel of
the. sales organization of Control Corp.
of America will be made shortly. In-
stallations will be handled on time
payments to good business risks, it is
declared.
Warren's return to personal opera-
tion within the theatre field comes after
six years association with Erpi. He
was one of the founders as well as
vice-president in charge of sales and
distribution of the original Goldwyn
Co., later merged into Metro-Gold-
wyn-Mayer. He was the founder, gen-
eral manager and his own sales man-
ager of Associated Producers, the or-
ganization that embraced as its pro-
Production Falls
Off on the Coast
(Continued from page 1)
six, two and ten; Paramount, six, two
and four ; Fox, four, four and five ;
Universal, three, two and one; 20tb
Century, one, zero and zero ; Colum-
bia, one, three and six ; Radio, one.
one and eight ; Roach, zero, zero and
one, while the independents show a to-
tal of six, four and six.
In the short subject division M-G-M
reports one before the cameras, four
preparing and five editing; Roach,
one, one and one; Universal, one, zero
and one ; Columbia, one, two and one ;
Radio, one, two and six, while the
independents show a total of three,
three and seven.
Michigan Takes in
1933 $14,124,000
(Continued from page 1)
payrolls of $108,000; seven in Lansing
with receipts of $377,000 and payrolls
of $74,000; seven in Kalamazoo with
receipts of $344,000 and payrolls of
$69,000; 13 in Saginaw with receipts
of $316,000 and payrolls of $58,000;
eight in Jackson with receipts of $274,-
000 and payrolls of $61,000; four in
Pontiac with receipts of $234,000 and
payrolls of $40,000, and three in Dear-
born with receipts of $53,000 and pav-
rolls of $13,000.
All Seattle Sunday
Shows Told to Stop
Seattle, Oct. 22. — The Superior
Court here has issued a writ of man-
date requiring the closing of all Seat-
tle and King county theatres and all
other forms of amusement on Sunday.
The writ is also extended to cover all
grocery stores and drug stores.
No attempt was made by local offi-
cials to enforce the closing law yes-'
terday, but all the defendants were
directed to appear in court Friday to
show cause why the Sunday closing
should not become effective starting
next week.
The suit appears to be an attempt to
make the old Sunday closing law so!
unpopular that it will be repealed and
beer sales on the Sabbath will be per-
missible.
Local theatres are scheduled to or-
ganize today to form plans to contest
the court order.
Actors Move to Ask
AnA.F.of L. Charter
(Continued from page 1)
of producers to accept the guild's new
contracts and working hours.
The proposal was drawn up last
week at a meeting in the home of
Robert Montgomery, who represented
the guild along with Kenneth Thomp-
son and Arthur Byron, and Frank
Gillmore, president of Actors' Equity
Ass'n., and I. B. Kornblum, attorney,
for Equity.
The proposal for the charter will be
presented to the guild at a meeting
scheduled here tomorrow.
ducer-owners Thomas H. Ince,
George Loane Tucker, Maurice Tour-
neur, Mack Sennett, J. Parker Read,
Jr., and Marshall Neilan.
Warren will retire from Erpi Dec.
31 He said yesterday Control Corp.
is in no way connected with Erpi.
T(W" HIGH INTENSITY
ILLUMINATION FOR
THE SMALLER THEATRES
A.C.
National High Intensity
A. C. Projector Carbons
for the new A. C. High Intensity
lamps. Designed for arc currents
up to 80 amperes.
D.C
National SUPREX Car-
High Intensity lamps. Designed for
arc currents of 40-65 amperes.
ATTRACT NEW PATRONAGE WITH
SNOW WHITE, HIGH INTENSITY Saf
SCREEN ILLUMINATION.
Tuesday, October 23. 1934
MOTION PICTURE
DAILY
New Code Cost
Plan Unfair,
Says Johnston
(Continued from page 1)
member of the code finance committee,
conferred with NRA officials on the
(assessments, following which the plan
:was approved.
In his letter, Johnston expresses the
(belief every independent producer and
distributor will protest. He adds :
"When the original figures were an-
nounced in July, numerous protests, I
understand, came in from independent
producers and distributors and it was
announced that the figures would be
thrown out. The result now seems to
be that some of those protesting are
ito get an assessment several times
higher than the original figures.
"A second assessment was prepared
which was even more unfair than the
first and this, I was told, was thrown
out by the Government.
"As I understand it, people in the
higher bracket doing business of
$1,750,000 to $25,000,000 are to be as-
sessed on a basic rate of .09 per cent
to .19 per cent, while the little fellows
doing from $10,000 to $875,000 are to
be assessed on a basic rate of from .23
per cent to 1.20 per cent.
"I cannot believe that the Govern-
ment will allow any such assessment
basis to be put over on the little fel-
low. I have contended from the begin-
ning that there is only one equitable
basis of assessment, and that would be
on the following basis :
"Assessment of distributors shall be
based on the pro-rata percentage that
each distributor's gross income from
film rentals for the year 1933 bears to
the total sum of $180,000, which is to
be paid by the distributor members
for their share of Code Authority
costs."
Johnston left for the coast Saturday
and will stop off at a number of key
cities. He will not be back in time for
the Washington hearing, but it is ex-
pected that Edward Golden, general
sales manager of Monogram, will at-
tend.
Seating Code Goes
Over Indefinitely
(Continued from page 1)
provision that a study be made with
a view to the establishment of a
more inclusive code comprehending
those businesses competitive or po-
tentially competitive in nature.
The NRA is also going ahead with
another attempt to develop a code
for the film and theatre equipment
supplies trade and will hold a hear-
ing Nov. 2. A code submitted by
the Independent Theatre Supply Deal-
ers' Ass'n. will be considered at the
hearing.
Exhibitor Protests
On Cancellation Up
(Continued from page 1)
contract^ he does not want the ex-
change to charge him $250 for a film
in the agreement at $150. Exhibitors
claim that it is their privilege to can-
cel without a substitute and that ac-
tion of distributors in increasing a
lower rental film to the figure of the
one discharged from the contract is
a code violation.
They Voted Doubles Out
San Diego, Calif., Oct. 22.— Nearly 15,000 fans, polled by the
Fox here, are opposed to double features because they make the
program too long.
The questionnaire, sent out by James O'Toole, manager of the
house, revealed a number of interesting facts which will be kept
in mind by O'Toole in future bookings.
Here are a few of the facts revealed in the poll:
A majority prefer society drama, with comedy running a close
second, and musical comedy in third place.
The average family attends pictures about twice a week.
Preferences for male stars: Will Rogers, Clark Gable, William
Powell and George Arliss as listed. In the female division:
Norma Shearer, Joan Crawford, Mae West and Claudette Colbert.
Asked what actors patrons would like to see in star roles, the
answers were: Male — Herbert Mundin, first; Charles Butterworth,
second, and Nat Pendleton, third. Female — Kitty Carlisle, first;
Toby Wing, second, and Maureen O'Sullivan, third.
Sex pictures were generally condemned.
Patrons suggested selection of best Broadway shows and best
novels for production.
Two hours is maximum limit most theatregoers want to sit
in theatres.
Fox Theatres
Petition for
New Deal Out
K. C. Indies Fight
Revised Clearance
Kansas City, Oct. 22. — Several in-
dependent exhibitors are protesting
the revised clearance schedule and
plan to go to New York for the ap-
peal hearing on Wednesday.
The objection is understood to be
setting back of runs charging low
admissions. First run houses are in
favor of this plan, since they want to
raise scales to former levels.
Fox Midwest has endorsed the new
setup as stabilizing the local situa-
tion. Elmer C. Rhoden, who recently
returned from New York where he
conferred with John C. Flinn on the
plan, feels that as it stands now it
will work advantageously to all.
Similar objections against setting
back subsequent runs charging low
admissions were voiced at the time
the Los Angeles plan came up for
hearing before Campi. Most of the
objections were ironed out before the
hearing was completed.
Since admissions are the basic guid-
ance for clearance, it is felt by dis-
tributors that theatres charging high-
er prices should benefit. Sueh a plan,
it is held, will help increase admis-
sions in all parts of the country and
stabilize the business.
Reade Loses Films
In 2 Jersey Towns
Walter Reade lost a second deci-
sion at the New York grievance board
yesterday when it was decided Aaron
Shusterman will get 138 pictures for
his theatres in Red Bank and Perth
Amboy, N. J.
Reade was brought before the board
by Shusterman charged with over-
buying on 1934-35 product. The board
held that Shusterman will get 70 of
Reade's allotment for the Strand, Red
Bank, and 68 films for the Roky,
Perth Amboy.
Leo Justin, who defended the Reade
action, will submit two lists of 70 pic-
tures each on the Red Bank situation
and two lists of major product for
Perth Amboy. When these lists are
submitted, Shusterman will select the
groups he wants.
The first case Reade lost before the
local board was the complaint of the
Roxy and issuance of cut-rate tickets
at the Mayfair. Reade plans to appeal
the latest decision.
Cleveland's 20-Week
Free Broadcast Off
Cleveland, Oct. 22. — A 20-week
free broadcast by radio stars con-
tracted for by a local department
store has been cancelled through the
combined efforts of local exhibitors.
The free broadcasts were to have
taken place in the 15,000-seat public
auditorium every Saturday afternoon
and every Sunday evening from 7
P. M. to 8 P. M.
(Continued from page 1)
in bad faith and in an effort to realize
on Fox Met assets, all of the common
stock of which is owned by Fox The-
atres.
Archibald Palmer, counsel for a
group of Fox Met bondholders, led
the attack against the Fox Theatres
reorganization petition, attacking the
validity of the claims of petitioning
creditors. Through examination of A.
C. Blumenthal late last week Palmer
disclosed an advance plan to buy up
Fox Theatres' assets if the reorgan-
ization petition was successful.
Drops Larchmont Protest
Complaint of the Larchmont, Larch-
mont, against Skouras' Capitol, Port
Chester, N. Y., on clearance was yes-
terday withdrawn by the protestant
after the defendant had proved that
the Capitol had never taken clearance
over the Larchmont house.
"Happiness" at $21,500
"Happiness Ahead" took $21,500 at
the Strand last week. "Case of the
Howling Dog" was good, for $14,000
at the Rialto.
A TIDAL WAVE
Lewis Milestone who gave the world
"All Quiet On The Western Front"
and "The Front Page" returns with
A LEWIS
I L
★ VICTOR MHAGLEN *J0HN GILBER
★ ALISON SKIPWORTH ★WYNNE GIBSO
★ HELEN VINSON
★WALTER CONNOLLY ★FRED KEATING ★LEON ERR
★WALTER CATLETT ★TALA BIRELL
Story and Screen Play by Wallace Smith
Directed by Lewis Milestone
OF LAUGH S /
I
TONE Production
THE HOLLYWOOD REPORTER SAYS:
"A terrific best-seller . . . every actor in it is either a star or
a featured player . . . laughs trip each other up . . . exploita-
tion possibilities galore ... a picture that's not only a
pleasure to sell, but a sure-thing buy for your audience."
VARIETY SAYS: "Contains excellent situations."
OTION PICTURE DAILY SAYS: "It hits the bull's-eye."
In Times-Star FilrrHn Ro\e of Globe i |
Ids to List ^trr.^— ^ ro lyt^^'i^S
JUJ , , "ann, the l*e» pieture* Mil he eeen anl ,„ vftRK Oct. 2-W*f! L Jure being «"* so m > m
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MOTION PICTURE
DAILY
Alert,
Intelligent
afid"'v\\
Faithfutl
Service' %W
the Industry
in All
Branches
VOL. 36. NO. 97
NEW YORK, WEDNESDAY, OCTOBER 24, 1934
TEN CENTS
Business Need
To Guide New
Steps in Para.
Aimed to Lay Aside Law's
Technical Obstructions
With settlement plans in readiness
for all but a few of the major prob-
lems standing in the way of submis-
sion of a plan of reorganization for
Paramount Publix, a new policy based
on business expediency, rather than
legal technicalities, and aimed at has-
tening the end of the company's bank-
ruptcy, is being adopted in the guiding
reorganization quarters, it was learned
yesterday.
The new policy, implying that legal
caution within and obstruction from
without has hindered completion of the
Paramount reorganization plan, is ex-
pected to make submission of the plan
a matter of weeks instead of months,
according to an authoritative source,
(.Continued on page 8)
Say Czechoslovak
Quota Ends Nov. 1
By J. K. RUTENBERG
Berlin, Oct. 23.— Word was re-
ceived today from Prague that the
present Czechoslovakian quota on
American films would be abolished
Nov. 1.
The present setup calls for an im-
port license of approximately $840
per picture with the additional stipu-
lation that one Czechoslovakian film
(Continued on page 10)
First Flywheel Patent
Suits Are Filed By Fox
Portland Clearance
Attacked at Hearing
Portland's clearance and zoning
schedule was the target of objections
launched yesterday by Allied of Ore-
gon, Fox Rocky Mountain, M-G-M
and independents in that territory at
a code appeal hearing. Sidney E.
Samuelson, president of Allied, repre-
sented both his organization's unit and
independents, while E. L. Alperson,
(Continued on page 8)
Indications Point
To N. 0. for MPTOA
Present indications point to the
M.P.T.O.A. holding its next annual
convention in New Orleans around
February when the Mardi Gras is on.
Mayor Walmsley of New Orleans has
advised Ed Kuykendall he is willing
(Continued on page 8)
Tri-Ergon Starts Six More
Double Printer Suits Here
Six more suits on the double printing Tri-Ergon patent were
filed in the U. S. District Court for the Southern District of New
York yesterday by William Fox, acting through the American
Tri-Ergon Corp.
The actions were the same as those filed previously — pleas for
injunctions and accountings.
Attorneys were Kenyon & Kenyon, who filed at the same time
a request that their names be substituted for attorneys of record
in the previous suits filed by Hirsh, Newman & Rease.
ITOA to Sign Warner Phila.
When Union
Scale Is Set
After the local union situation has
been straightened out and a basic op-
erators' scale has been put into effect
in Greater New York, the I. T. O. A.
will sign the code, Harry Brandt,
president, stated yesterday. The unit
as a whole and most of its members
have delayed signing because of dif-
ferences over the labor situation.
First move of the I. T. O. A. after
it officially goes on record in favor
of the code will be for setting up a
clearance and zoning schedule for this
territory.
Independents have for years pro-
tested against clearances given major
and powerful independent circuits and
are now definitely set to establish a
means of protection in this area. The
only way this can be done, it was
stated, is by calling in exhibitors from
all zones and demanding a schedule.
Because of the protection demands
(Continued on page 8)
Spots to Pick
Adults' Films
Philadelphia, Oct. 23. — All War-
ner theatres in this territory are to
designate family and adult pictures in
the future, according to H. M. War-
ner. This will be done in newspaper
ads with a large "F" for family type
and "A" for films suited only for
adults.
In explanation of the move Warner
says : "We have found that parents
are not as well informed on pictures
as we are, and for this reason we
intend to guide them in their selec-
tion of screen entertainment for them-
selves and their families."
Warner added that in his opinion
the Production Code Authority is "do-
ing a great job, ably and sincerely."
In the course of production, how-
ever, many mature themes find their
way into pictures, he said.
Adults want grownup themes, he
said, but they also want to know
(Continued on page 10)
Expect Details ofFWC
Plan to Be Set in Week
Details for reorganizing Fox West
Coast are expected to be worked out
within a week between Charles Skou-
ras, trustee, and officials of Chase Na-
tional Bank. Skouras is in New York
conferring with his brother Spyros, S.
R. Kent, president of Fox; bank of-
ficials and Hughes, Schurman &
Dwight, attorneys.
While downtown meetings are
scheduled to last for one week, it is
possible the conferences may be ex-
tended indefinitely. This is the second
(Continued on page 10)
Loew's, M-G-M, Warners
Named in U. S. Court
At Wilmington
Wilmington, Oct. 23.— William
Fox's industry-wide patent war
broadened its front today with the fil-
ing of the first flywheel patent suits
aimed at Loew's, Inc., M-G-M Dis-
tributing Corp. and Warners. The
previous suits filed in New York and
Brooklyn were on the double print-
ing patent.
Plaintiffs in the cases filed today
are the same as those in New York
— American Tri-Ergon Corp. and Tri-
Ergon Holding A.G., a Swiss com-
pany.
As in the New York cases, a tem-
porary injunction is asked against
continued alleged infringements and
an order is sought for an account-
ing and payment of damages.
The bills of complaint recite the
history of the patents and set forth
that they were granted to Hans Vogt,
Joseph Massolle and Josef Engle of
(Continued on page 8)
Equity and Actors'
Guild Talk Terms
_ Hollywood, Oct. 23. — Representa-
tives of Equity and the Actors' Guild
met last night to discuss further plans
for affiliation of the guild with Equity.
By the time Frank Gillmore leaves
for New York next week he will have
the complete text of the guild pro-
posal to present to Equity's council.
After the council reaches a deci-
sion it will be presented here to the
guild membership for a vote which
will require a two-thirds majority to
carry. Unless the guild can secure
complete autonomy there is likely to
be a split within the organization,
(Continued on page 10)
Indictments Close
Memphis on Sunday
Memphis, Oct. 23.— Theatres here
were closed Sunday following the in-
dictment of six managers for violation
of the Sunday blue laws. Indictments
were returned against the Orpheum,
Loew's State and Palace, Warners'
Strand and the Rosemary.
The indictments came as a bomb-
shell in local film circles and there is
some speculation as to whether an
effort will be made to continue the
Sunday openings.
MOTION PICTURE
DAILY
Wednesday, October 24, 193
MOTION PICTURE
DAILY
(Registered U. S. Patent Office)
Vol. 36
October 24, 1934
No. 97
Martin Quigley
Editor-in-Chief and Publisher
MAURICE KANN mo
Editor
JAMES A. CRON
Advertising Manager
Published daily except Sunday and holi-
days by Motion Picture Daily, Inc., sub-
sidiary of Quigley Publications, Inc.,
Martin Quigley, President; Colvin Brown,
Vice-President and Treasurer.
Publication Office: 1790 Broadway, New
York. Telephone Circle 7-3100. Cable ad-
dress "Quigpubco, New York." All con-
tents copyrighted 1934 by Motion Picture
Daily. Inc. Address all correspondence to
the New York Office. Other Quigley pub-
lications: MOTION PICTURE HERALD,
BETTER THEATRES, THE MOTION
PICTURE ALMANAC and THE CHI
CAGOAN. „ _ _ . T.f
Hollywood Bureau: Postal Union Life
Building, Vine and Yucca Streets, Victor
M. Shapiro, Manager; Chicago Bureau: 407
South Dearborn Street, Edwin S. Clif-
ford, Manager; London Bureau: Remo
House, 310 Regent St., London, W. 1,
Bruce Allan, Representative. Cable address.
"Quigpubco, London"; Berlin Bureau:
Berlin-Tempelhof, Kaiserin-Augustastrasse
28, Joachim K. Rutenberg, Representative;
Paris Bureau: 19, Rue de la Cour-des-
Noues, Pierre Autre, Representative; Rome
Bureau: Viale Gorizia, Vittorio Malpassutt,
Representative; Sydney Bureau: 102 Sus-
sex Street, Cliff Holt, Representative; Mex-
ico City Bureau: Apartado 269, James
Lockhart, Representative; Glasgow Bureau:
86 Dundrennan Road, G. Holmes, Repre-
sentative; Budapest Bureau: 3, Kaplar-u,
Budapest, II, Endre Hevesi, Representa-
tive; Moscow Bureau: Civtzev Vrazhek, N
25, Apart. 146, Moscow, U. S. S. R., Bella
Kashin, Representative. Cable address:
Samrod, Moscow.
Entered as second class matter, January
4, 1926, at the Post Office at New York
City, N. Y., under Act of March 3, 1879.
Subscription rates per year; $6 in the
Americas, except Canada $15 and foreign
$12. Single copies: 10 cents.
Deplore Johnson Death
London, Oct. 23. — Friends of the
Bruce Johnsons here, deplore the
death of Mrs. Johnson in the States.
She was a familiar figure in the trade
when her husband was general for-
eign sales manager of the original
First National.
Bruce Johnson for some months
has been operating an independent
exchange in San Francisco, scene of
much of his early activities in the
industry.
Wife's Estate to Bowes
Mrs. Margaret Illington Bowes,
wife of Edward Bowes, managing di-
rector of the Capitol, left a gross
estate of $30,580 and a net of $12,131
it was shown in a transfer tax ap-
praisal Monday.
The entire estate goes to her hus-
band. Mrs. Bowes died in Florida
March 11.
«U" Sets Its Schedule
Hollywood, Oct. 23. — Universale
release schedule for the remainder of
the year was fixed by Carl Laemmle,
Carl Laemmle, Jr., and James R.
Grainger just before the younger
Laemmle sailed for New York via
the canal. Nine features are in-
volved.
James R. Grainger, general sales
manager of Universal, is expected
back from the coast in two weeks. He
is still in Hollywood.
Insiders' Outlook
MANY exhibitors are still
speculating on the reasons
behind ASCAP's compromise of
its new music tax levies. Why
the Society should agree to an
increase in rates amounting to 50
per cent and 100 per cent over
the old rate is not readily under-
standable when it is remembered
that the new schedule laid down
by the organization called for in-
creases of 300 to 1,000 per cent —
increases which the exhibitor
would be obliged to pay or face
suits for infringement of copy-
right with attendant high penal-
ties as fixed by the copyright
laws. . . .
Through the compromise ex-
hibitors saved themselves, for the
time being, at least, a major slice
of the music tax increase origi-
nally planned. But what did
ASCAP gain by the compromise?
The answer most widely accepted
is that the pending Federal mo-
nopoly suit against ASCAP and
other music licensing organiza-
tions, instituted by the Depart-
ment of Justice after the Society's
original schedule of music tax
increases had been announced,
influenced the organization to
modify its demands. . . .
Exhibitor observers point out
that the Society might have found
itself at a distinct disadvantage
when it came to court to defend
itself against the government's
charges if, at that time, it hap-
pened to be enforcing an arbi-
trarily adopted schedule of music
taxes which represented increases
as drastic as those at first pro-
posed. Therefore, they view the
compromise as desirable. Ex-
tending as it does for a one-
year period only, the Society
gains an immediate increase in
collections and is not precluded
from demanding new increases
next year, by which time the
Federal suit probably will have
been disposed of one way or an-
other. . . .
IF the government suit fails, a
new demand would be simpli-
fied next year. If it succeeds, the
Society has its present increase
for the time being, anyhow.
Meanwhile, more or less quietly
but none the less effectively, the
exhibitors are lining up legisla-
tive aid, pledged to work for a
revision of the copyright laws
which would make it impossible
for the Society to fix up arbi-
trary increases in the future and,
perhaps, modify the penalties for
infringement. Exhibitor leaders
see this as the only permanent
solution of the problem unless the
government's suit succeeds in a
dissolution of ASCAP. . . .
Over the airline : The Metro
studio, contrary to usual policy,
has had from two to four units
working on a single picture.
For instance, currently two are
busy on "Repeal," two on "Back-
field" and, since it went into
production two weeks ago, three
and also four on "David Copper-
field." Hollywood opinion divides
itself on the reason. One group
maintains pictures may be made
cheaper that way. Another cod-
dles the idea that the plan is
a design to meet release dates,
an old something at M-G-M and
a constant source of grief for
Felix Feist and his sales aides.
Not too old to tell is the inside
yarn that Feist used to feel the
company missed out on $500,000
every time the studio failed to
meet an announced date. He
may still view it that way. . . .
Feels like the old days to have
Fred Warren back on his own.
There'll be a lot of fellows, with
memories long, who will be glad
to see the come-back even if it
is in air-conditioning equipment
and not pictures. . . . Film pro-
ducers are falling this season, as
they have in other seasons, for
Broadway stage plays. Stage
producers, wise to the shortage
Eastman Pfd. Up 2% on Big Board
High
Columbia Pictures, vtc 3$
Consolidated Film Industries 31^
Consolidated Film Industries, pfd 15%
Eastman Kodak 104K
Eastman Kodak, pfd 143
Fox Film "A" 13
Loew's, Inc 30%
Paramount Publix 4%
Pathe Exchange ]J4
Pathe Exchange "A" 13U
RKO 2'A
Warner Bros 4M
Net
Low
Close
Change
Sales
35^
36
900
3'A
3'A
+ 5i
300
1474
15
700
103A
W3'A
+ Va
1,200
14244
143
+2%
14.000
1243
12'A
- %
1,400
3oy4
30'A
-y*
4.600
4
4%
5.200
1%
VA
- %
500
13%
— y*
300
2Vs
2Vi
4%
300
4%
- %
2.200
Warner Bonds Off Two Points
General Theatre Equipment 6s '40.
Loew's 6s '41, ww deb rights
Paramount F. L. 6s '47
Paramount Publix 5^s '50
Pathe 7s '37, ww
Warner Bros. 6s '39, wd
Net
High
Low
Close
Change
Sales
6Ys.
6%
- %
10
1027/6
102%
102%
+ Vi
1
57'4
57M
57'4 .
—1
2
58
5754
57M
- %
8
99
99
99
+1
1
59
5754
57^
—2
16
of adequate material, continue to j
keep creaking plays alive, rest-'
ing on the knowledge film pro-
ducers will nibble. An annual ,
custom. . . . The major film in-
terests are foursquare behind
Merriam - for - California - Gov-
ernor and are proving it to the
tune of $100,000. The United
Press reported from Hollywood
yesterday that actors are being
asked to contribute a day's pay
to aid in the defeat of Upton Sin-
clair. Even if the studios get it.
what's to prevent those so politi-
cally minded from voting Sin-
clair's way anyway? You tell
us. . . . KANN
Helen Hayes Wants
To Do Comedy Roh
Preference for comedy roles wa
expressed yesterday by Helen Haye
in an interview with a Motion Pic
ture Daily representative.
Miss Hayes has appeared in eigh
pictures and the nearest approach t'
a comedy part was in "What Even
Woman Knows," she said. The star':
contract with M-G-M has two mon
years to run. She works in picture:
six months in the year, during whicl
she appears in two. Her next rol<
will be in "Vanessa," by Hugh Wal
pole. She leaves for Hollywood nex
week and plans to return in Januan
when she will go on the road in th<
leading role in "Mary of Scotland.'
Goes to S. and C.
The 1,800-seat theatre which B. S
Moss, former New York circuit head
plans to build at 207th St. and Broad
way, will be operated by Springer an<
Cocalis, its sponsor said yesterday
Moss stated the house will represen
a new idea in sound theatres anr
will differ from most existing house:
which he asserts were built for "sight
not sound." He has two more in mind'
"Love" St. Louis Smash
St. Louis, Oct. 23. — After a sensa
tional four weeks at the Fox "Ont
Night of Love" is to be transferrec
Friday to the Ambassador, anothei
F. & M. house. This four-week sta>
is a record here.
Gordon Mitchell Here
Gordon Mitchell of the M. PJ
Academy is in town from Hollywooc
in an effort to effect greater cooper
ation between the east and west or
technical problems.
Hear Engagement Is OH
According to word received by hi:
friends here yesterday, the engage
ment of Joseph M. Schenck, presideni
of United Artists, to Merle Oheroil
has been called off definitely.
Ricketson Coming Here
Rick Ricketson, operating head ol
Fox Rocky Mountain, is due in fron:
Denver next week for a few days dur-
ing which he will confer with Spyro;
and Charles Skouras.
Robert Scheck Gaining
Baltimore, Oct. 23. — Robert
Scheck, president of the Philip J.
Scheck Theatre Enterprises, is_ recov-
ering rapidly from an operation for
appendicitis at Maryland General Hos-
pital.
Presenting A
Brand Nejf Accessory-
A MINIATURE
24 -SHEET STAND
FOR COUNTER
DISPLAY, WINDOWS,
LOBBY, ETC.
— it measures 13%n
by brightly
painted in green,
with slots for 24-
sheet cards in full
colors, the same as
the lithographs!
When you see this gay little novelty
sitting pretty in your M-G-M Branch
Office, you 11 want a flock of 'em for
your favorite window locations. It
takes your old pal Leo of M-G-M
to step out of the beaten track and
create something new in showmanship.
CARDS AVAILABLE
ON ALL M-G-M
ATTRACTIONS!
Warner bros.
make the best MYSTERY
PICTURES, too! ....
This year watch Warners match their musical reputation in the mystery field!
. . . We've watched the inexhaustible demand for mystery fiction. Now we're
going to divert a share of these sure, steady profits to your box-office ! . . . The
biggest-selling mystery writers in the country have been signed to long-term
contracts. And we're giving their stories the kind of productions that won for
Warners the "Best Mystery Picture" medal for 1933 . . . Read these brilliant
reports on our first new- season mystery and get ready to cash in on elaborate
promotion plans for the Warner Mystery Group ... to be announced soon!
"Thrill film makes hit. i The Case of the Howling Dog ' is lively and ingenious thriller. You will
probably add Perry Mason to your list of pet screen policemen." . . —World Telegram
"Clever dialogue, lively direction, startling climax. Warren William outstanding."— N. Y. American
"Introduces a new detective character to the screen— Perry Mason. Smartly written— amusing
entertainment. Warren William does a grand job." —Eve. Journal
"Diverting mystery melodrama. Baffles and holds your interest." . . . —Daily Mirror
"Well-knit, swiftly paced, dramatically punctuated. A welcome contribution."— N. Y. Times
"Excellent transcription of a popular mystery tale. The excitement builds steadily." — N.Y. Sun
Warren William as "Perry Mason" in
THE CASE OF THE HOWLING DOG
will be followed by
3 sensational stories by famous "I Am A Thief"
MIGNON EBERHARDT
3 more Perry Mason stories by
ERLE STANLEY GARDNER
* 'The Case of the Curious Bride' ' ' 'The White Cockatoo"
"The Case of the Lucky Legs" "Patient in Room 18"
"The Case of the Velvet Claws" "While the Patient Sleeps"
"Murder in the Clouds"
"The Green Cat"
"Invitation to a Murder"
"Murder by an Aristocrat"
THE GREAT HOLDI
(What el
A cyclone has hit the country! Bo.
nieces I "THE GAY DIVORCEE"
maker . • and everybody knows i
EIGHT RECORDS BROKEN ... EIGH
Boston . . Held lor three weeks i
second week • . Minneapolis . • Hei
Milwaukee . . Held for second wet
Held lor second week . . Memph
week . . For* Worth . . Extendi
• • Extended time . . .
30 OPENINGS OVER THIS WEEK-END, EAST, WEST, NORTH,
SOUTH.. Warner Houses, RKO Houses, Independent Houses...
houses from all circuits and the story is the same . . . name
the top money picture for any of 'em and you'll find
"The Gay Divorcee" has made it past history I . . .
LOOKS LIKE 100% HOLDOVER EVERYWHERE!
Chicago ... 4 Stat Reviews and the Loop traffic tied-up ! ... Cleveland . . . Out-
grosses any show in five years ... St. Louis . . . Continuous holdout . . .
Canton . . . Turning away more than can get in. . . new five year record . . .
Richmond . . . Outgrossing both "Rio" and "Little Women" breaking all house
records . . . Salt Lake . . . Sensational opening and building . . . Baltimore . . .
Name your own show . . Divorcee beats it! 5 Shows daily and they're still
standing! . . . Louisville . . . First 3 days tops everything. . . Indianapolis . . . Rave
reviews, cheers, applause and a record. . . Cincinnati . . . Crowds standing at
midnight force extra shows, 3 days gross beats "Women" former title holder.
New Orleans, Los Angeles, Hollywood (simultaneous run), New Haven, Rochester,
New Bedford, Washington, Providence, Fall River, Columbus, Houston, Atlantic
City, Altoona, Seattle, Hartford, Albuquerque, Kenosha, Appleton, Zanesville,
Charleston. . . ALL DANCING TO NEW RECORDS ON RAINBOW OF RHYTHM!
>VER SENSATION
n we call it?)
fice records are being Mown to
e year's smash melody money
1ST WEEK. . EIGHT OPENINGS . .
3LD0VERS! . . .
maha • . Held for
r second week . .
» Kansas City • .
joked for second
» nansas uity • «
joked for second
ne . . Galveston
RED ASTAIRE
INGER ROGERS
RS OF "FLYING DOWN TO RIO" IN THE
T SUMPTUOUS ROMANTIC HIT OF ALL SEASONS
THE GAY
HVORCEE"
with i
I I r c1 fin a i\y 1
ri>anlc$ , e»««eot „ a°WW„. J*"*** new
LICE BRADY
VARD EVERETT HORTON .... AND
F THE BEAUTIES OF HOLLYWOOD
:ted by mark sandrich .... dance en-
•les staged by dave gould ... a pandro
erman production
:ains cr,8'05- »«o „,„
tninutf* « "'cture a««. eve,y son. p,ause
MOTION PICTURE
DAILY
Wednesday, October 24, 1934
First Flywheel Patent
Suits Are Filed by Fox
ITOA to Sign
When Union
8
Business Need
To Guide New
Steps in Para.
(Continued from page 1)
who, however, is still reluctant to name
an exact date on which the plan can
be filed.
The Kuhn, Loeb & Co. plan con-
tinues to stand as the only one which
has the support of the three principal
reorganization groups, which are the
bondholders, stockholders and general
creditors' committees, each represent-
ing a majority in number and amount
of those having claims against Para-
mount Publix. The stockholders' com-
mittee, of which Duncan A. Holmes is
chairman, and which represents more
than 50 per cent of the Paramount
shares outstanding, is understood to
have wavered in its support for a time,
but now stands solidly with the two
other essential factors to reorganiza-
tion in support of the Kuhn, Loeb
plan.
Wanted Smaller Assessment
The provision for a $2 per share
assessment on stockholders, which will
remain a part of the Kuhn, Loeb plan,
met with opposition from the commit-
tee for a time, the feeling having been
that a smaller assessment would suf-
fice. Then came an offer from Hayden,
Stone & Co. providing for a purchase
of 50 per cent of the stock in the new
company for $6,500,000, which tempted
numbers of the shareholders, but which
was ultimately rejected by the Holmes
committee with its more than 50 per
cent representation. The Hayden,
Stone offer did not comprise a plan
of reorganization for Paramount Pub-
lix, but related merely to the stock.
Among the problems affecting re-
organization which are regarded as
essentially solved for the purposes of
submission of the reorganization plan
are the Paramount Broadway reorgan-
ization involving a $44,000,000 claim
against the debtor; the Allied Owners
claim of $23,000,000 ; the creditor bank
group claim of $13,600,000 and the
Prudence Co. claims of approximately
$1,400,000. The current supposition is
that the Erpi claim of approximately
$1,900,000 cannot be finally settled un-
til the Tri-Ergon patents situation has
been clarified, although a conditional
agreement could be made, observers
believe, for the purposes of submission
of the plan of reorganization.
Cash Position Favorable
Paramount's cash position, last re-
ported at $15,600,000, continues favor-
able with business improving weekly.
This is regarded as an important fac-
tor in submission of the plan, as any
one submitted is certain to meet with
seme objections. With the company
in a healthy financial state, its prin-
cipal creditor groups — those support-
ing the plan — are certain to carry the
greatest weight with the court which
ultimately passes upon it.
The new Paramount Publix board
is expected to be limited to about 12
members. While the principal cred-
itor groups, bondholders, stockholders,
banks and general creditors will be
represented on the new board, the hope
of the reorganization factors is that
these groups may be brought together
to agree mutually on desirable candi-
(Continued from page 1)
Germany, who assigned them to Tri-
Ergon A. G. in 1924, and this com-
pany in turn assigned them to Tri-
Ergon Music A. G., and also to
Fox in 1928.
Fox presumably is owner of 90 per
cent of the American Tri-Ergon Corp.
and the Swiss Tri-Ergon company
which he formed to exploit the pat-
ents.
These suits bring the total to 22,
the previous suits, all on the double
printer, in New York and Brooklyn,
having been filed against Amer-
Anglo Corp., Columbia, Consolidated
Film Industries, First Division, M-
G-M and M-G-M Distributing Corp.,
Monogram, Reliance, Talking Picture
Epics, 20th Century, Universal, War-
ners and Vitaphone.
Those filed today were against Duo-
Art Film Laboratories, Producers'
Laboratories, Malcolm Laboratories
Corp., A-G-R Laboratories, Inc.,
Filmlab, Inc., and Cinelab Labora-
tories, Inc.
Inclusion of Tri-Ergon Holding
A. G. as one of the plaintiffs in the
Wilmington suits filed yesterday
stirred some speculation at first in the
New York trade, as it had not been
previously noted that there were two
plaintiffs in each of the suits filed in
New York and Brooklyn.
Swiss Tri-Ergon Corp. was incor-
porated at Dover, Del., a few days
ago to deal in films and projection
machines, and it was thought that
this company had joined with Fox
in the new Wilmington suits.
This turns out not to be the case.
Incorporators of the new company
dates, rather than each group insisting
on its own candidate. Thus, instead
of there being a distinct bondholder,
stockholder or bank representative, or
representatives, elected to the new
board, it is hoped in reorganization
quarters that all of these will be able
to agree on candidates who may not
have an affiliation of any kind with
any of these groups. The general aim
is to develop a board, small in number
but great in ability.
Sales Cleanups Set
For Para. Sessions
Future policies, open problems and
sales cleanups will be discussed at the
three-day meeting of Paramount dis-
trict managers in Hot Springs starting
Friday, Neil Agnew, general sales
manager, stated yesterday.
Home office representatives and
eastern district men leave for the
south tomorrow and return Monday.
Emanuel Cohen, production head, may
attend provided he can get away, it
was stated.
Defer Para. Bank Suit
A hearing scheduled for yesterday
on the action of the Paramount Publix
trustees directed at the $13,600,000
bank transaction with Film Produc-
tions Corp. in 1932 was postponed yes-
terday to Oct. 30 by Federal Judge
Alfred C. Coxe.
Theatres Included
Filing of the first flywheel
patent suits yesterday in
Wilmington is construed in
some quarters to indicate
that William Fox intends to
extend his patent fight to the
exhibition end of the indus-
try. Loew's, Inc., is named
along with M-G-M Distrib-
uting Corp. and Warners.
The double printer patent
suits filed previously in New
York hit producers. Fly-
wheel patents apply directly
to reproducers.
The two law firms handling
the suits, Ward, Crosby &
Neal and Kenyon & Kenyon,
refuse to discuss their plans
in advance, but it is obvious
new cases are being filed as
fast as they can be prepared.
are James H. Hayes of Green Farms,
Conn. ; Milton Diamond, New York
attorney, and L. W- Howison of Long
Island City.
Diamond explained yesterday that
this new firm represents the 10 per
cent of the American Tri-Ergon stock
which Fox does not own.
When asked specifically if the pur-
pose of the new company was to file
suit against Fox for having failed
to exploit the commercial possibili-
ties of the patents during the six
years he has controlled them, Diamond
said: "That may very well be."
He refused to discuss further de-
tails of his plans.
Portland Clearance
Attacked at Hearing
(Continued from page 1)
buyer for F. W. C. and subsidiaries,
acted for Fox Rocky Mountain, and
F. M. Saunders, western division man-
ager for M-G-M, represented his com-
pany.
On the committee were Neil Agnew
of Paramount, Ed Kuykendall, presi-
dent of the M.P.T.O.A., and Charles
Casey of the Prudential circuit.
The Seattle schedule was attacked
by Fox Rocky Mountain, Universal
and M-G-M. Adolph Schimel, attor-
ney for Universal, and E. T. Gomer-
sall, acted for Universal.
The third clearance protest was that
by Jack Swenson of the Angelus,
Spanish Fork, Utah, against the Par-
amount, Provo, Utah.
Indications Point
To N.O. for MPTOA
(Continued from page 1)
to extend the necessary financial sup-
port to make the session a success.
Huey Long also has promised to co-
operate, it is stated.
Kuykendall yesterday returned from
a 10-day tour of the south where he
attended the Dallas exhibitors con-
vention and the annual meeting of
hotel owners in New Orleans. He
said business is picking up in all towns
he visited.
Scale Is Set
(Continued from page I)
of the circuits, a move has been started
by a number of small exhibitors to
pool their interests into one big buy-
ing circuit. First indications were
that about 50 houses would be lined
up, but the movement has been gaining
ground in the last week and it is now
anticipated the total will come nearer
to 100.
However, it is not expected that the
new circuit will be ready to function
until the next buying season.
Another meeting of NRA fact find-i
ing committee to set the basic opera-
tors' scale for the New York terri-
tory is scheduled shortly. Members
of the committee are still engrossed!
in the work of classifying theatres, i
and not until this task is completed!
will the committee get together again
on the union matter.
Colored First Run
Fixed in St. Louu
St. Louis, Oct. 23.— The Odeon ha;
been classified as a first run for col
ored patronage by the clearance an(
zoning board and will play product 1*
days after the Capitol and seven day: I
after the downtown Lyric. It get:
seven days clearance over the nex
colored run.
The Irma is to get product 14 day:
after the Mikado and Tivoli, St. Loui:
Amusement Co. houses. The Wellstoi
at Wellston, Mo., has been grantee
prior run over the Irma provided i
plays its product within 10 days aftei
it becomes available. An appeal ha
been entered in this case and existing
contracts are being carried out pendj
ing a ruling.
Three cut-price complaints have beei
withdrawn from the grievance boarc
without hearing. The three houses in i
volved, Webster, here; Grand, Robin
son, 111., and Ritz, East Alton, 111.
have voluntarily ended the practice.
Speculators Curbed
In Legitimate Codt
Washington, Oct 23. — Activitie
of ticket speculators are restricted
chorus girls in road shows are givei
a $5-a-week raise and the minimun
for chorus girls is set at $30 a weel ;
in the legitimate theatre code signec
here.
Other minimum wages were raised
depending upon the scale at the box
office. Limits to rehearsal hours ar
provided for the first time at not mor
than eight consecutive hours, but thi
provision is relaxed during the sevei
days preceding the opening.
Bank Nights Up Again
Kansas City, Oct. 23.— Code Au
thority will again take up the ban ,
night situation when it considers af
peals on cases decided by the loa
grievance board against exhibitors i
St. Joseph and Warrensburg, Mo., an
Pittsburg, Kan.
Moross Back from Souti
Sam Moross, field representative fo
Campi, has returned from Atlanta an'
Charlotte where he spent two weeks
ff
FILM
DAILY
on
NEWSREELS
Chester B. Bahn
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on the
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VtURDER SCENES
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Everything new buf fhe frade mark
Produced by Truman Talley Edited by Laurence Stallings
MOTION PICTURE
DAILY
Wednesday, October 24, 1934
Warner Phila. Spots
To Pick Adult Films
{Continued from page 1)
what pictures are grownup fare, so
that they can be guided in selecting
pictures for their children.
Warner further declared that he
hoped exhibitors in other sections of
the country would see the wisdom of
the move and follow the same idea.
The new policy goes into effect here
tomorrow.
Boston Priest Sees
Boycott Need Ended
Boston, Oct. 23.— "The need for a
boycott of films is past," Rev. Russell
M. Sullivan, S. J., personal representa-
tive of Cardinal O'Connell and leader
of the movement for cleaner films, in-
formed the Legion of Decency last
night at its meeting, and again when
speaking before the Boston City Fed-
eration of Women's Clubs.
"Whenever you deal with the film
industry you will get a lot of prom-
ises, but the only results you will get
will be the results of your own hard
work and the pressure you bring to
bear," he declared. "You must so
organize as to form a constant threat
to the film industry. I believe the need
for boycott is past, provided an intel-
ligent body of citizens stands always
ready to be a continual threat."
Stephen P. Cabot, chairman of the
New England division of the M. P.
Research Council, described the ap-
pointment of a committee to bring
about Federal legislation against block
booking.
Censorship is essentially poor be-
cause it pulls down the good with the
bad, Otis Skinner declared before the
Community Church in Boston Sym-
phony Hall. "Censorship is a com-
munity affair and each person should
be a potential censor. Censorship
should not be controlled by any re-
ligious denomination. If a bad play or
a bad picture comes to your com-
munity, then, for God's sake, stay
away from it," he advised. "I am
particularly opposed to the cinema
play that turns a gunman into a god.
When crime in drama is clothed with
glamor it becomes inartistic and im-
moral."
Says No Force Being Used
New Orleans, Oct. 23. — The Cath-
olic Church is not compelling any one
"to abstain from motion pictures on
the 'black list,' and those who stay
away do it of their own free will,"
declared Rev. Martin Burge, S.J., in
the second of a series of discussions
on censorship.
Sunday had been set for general dis-
cussions of films by Protestant minis-
ters here, but none of them mentioned
the subject, so far as can be learned.
In the wake of the current discussion
of films classes in photoplay appre-
ciation have been established in grade
schools.
Next development of the clean film
movement is set for Nov. 14 when
Mrs. Robert Gilman, president of the
Federal M. P. Council, will come here
to address the Louisiana Parent-
Teachers' Ass'n.
Mrs. Gilman Renews
Attacks in Detroit
Detroit, Oct. 23. — Decrying distor-
tion of facts in pictures, Mrs. Robbins
Gilman, motion picture chairman of
Expect Details ofFWC
Plan to Be Set in Week
the National Congress of Parents and
Teachers, told an audience of 110 per-
sons at the Hotel Statler that "the
United States is fast becoming the
greatest misinformed nation in the
world."
"Adults lose 37y2 per cent of their
information by attending pictures
which are historically inaccurate," de-
clared Mrs. Gilman.
She advocated abolition of blind and
block booking and establishment of
consumers' representation at the source
of production.
Writers Hit Levy
To Fight Sinclair
Hollywood, Oct. 23. — The Screen
Writers' Guild today placed itself on
record as having no interest in poli-
tics when its board of directors and
advisory council passed a resolution
expressing protest against any moves
on the part of studios to solicit one
day's pay from employes to help the
Merriam gubernatorial campaign.
The resolution also protests against
the alleged activities of certain Sin-
clair leaders in circulating reports in-
ferring that a group of well known
writers is behind his fight to defeat
Merriam.
"Many writers who are against Sin-
clair have refused to contribute
through their employers in opposition
to him because of implied coercion,"
says the resolution. "The Guild asks
all members who have refused so
to contribute to send their names to
the Guild office. The Guild will watch
for any possible future discrimination
against them and will be prepared to
protect them to the limit of the law."
Films Hit in Pastoral
Atlantic City, Oct. 23. — The
screen received its share of criticism
in the triennial pastoral letter of the
House of Bishops of the Protestant
Episcopal Church, read today at the
closing session of the general conven-
tion of the church here. The letter'
stated that the industry had suffered
degeneration.
(Continued from pane 1)
trip Skouras has made on the reor-
ganization matter and from all indi-
cations he will return to the Coast this
time with a completed plan.
Foreclosure sale in Los Angeles has
not yet been set. All of the circuit's
unprofitable houses have been weeded
out and a new holding company will
be formed to take in the five territo-
rial operating subsidiaries.
Last of Major Claims
Against FWC Are Filed
Los Angeles, Oct. 23. — The last of
the major claims standing in the way
of the sale of Fox West Coast were
filed in the bankruptcy court here to-
dav, with a hearing set for Nov. 8 by
Referee S. W. McNabb.
One claim is for the settlement of
final compensation for the trustees,
Charles Skouras, William H. Moore
and Charles C. Irwin. The trio are
now asking for $156,410 jointly as a
reasonable sum for their services.
Adding to this $43,590 previously
allotted by McNabb, they are de-
manding a total of $200,000 for their
work up to Sept. 29 of this year.
The petition states that a private,
not a public, sale is contemplated at
a figure around $7,500,000 net to
creditors, with the appraised value
set by legallv appointed accountants
at $12,507,019.
Another claim was filed by the
law firm of O'Melveny, Tuller and
Meyers, which asks for final com-
pensation of $169,500 in addition to
$43,000 already allowed by McNabb.
Canton May Get Shows
Canton, O., Oct. 23.— There is a
possibility of stage shows returning
here if negotiations between Loew's
and the musicians' union are settled.
The local demands that the house use
an orchestra in the pit regardless of
whether a unit show carries its own
musicians. Loew's is understood to
oppose this, and are inclined to pass
up stage_ shows entirely in preference
to acceding.
Stagehands have signed a new con-
tract with Loew's.
WhatN. Y. Critics Think
Now and Forever'
(Paramount)
American — Jack Kirkland's pleasing little
story follows the pattern, with a few scal-
lops of his own thrown in for good measure,
and with a star trinity of Mr. Cooper, Miss
Lombard and Miss Temple, the film emerges
good, if not too exciting entertainment.
Evening Journal — . . . entertaining . . .
Shirley sings a song during the course of
the proceedings, makes faces when Cooper
gives her castor oil. gets off some amusing
dialogue and generally confirms the impres-
sion that she's not only an enchanting baby,
but also an astonishingly natural little
actress. Her scenes with Cooper are es-
pecially delightful.
Herald-Tribune — The new Shirley Temple
vehicle is a moderately pleasant sentimental
melodrama about noble crooks and the re
forming influences of a baby's smile. It has
many engaging scenes and several that are
less satisfying; it has a rather dawdling
way of telling its story, and it is hardly a
masterpiece of chilling realism.
Post — Paramount, is cunningly adapted to
the amazing power, which Shirley, by a
smile or a pucker, can exercise on the
emotions; the range is a wide one, and
the child's insistent appeal is never lost
sight of.
Sun — ... A delightful little piece, with
Shirley Temple. Gary Cooper and Carole
Lombard at their brightest.
Times — . . . Visually handsome and it is
attractively played by Mr. Cooper and Miss
Lombard. With Shirley's assistance it be-
comes, despite its violent assaults upon the
spectator's credulity, a pleasant enough en-
tertainment.
World-Telegram — Something worthy of
your attention is at the Paramount this
week — a human, emotion-stirring, well-acted
entertainment called "Now and For-
ever." . . .
Say Czechoslovak
Quota Ends Nov. 1
(Continued from page 1)
will be accepted in return for even
seven American pictures licensed.
It was also reported from Warsav.
there will be a 50 per cent duty re-
duction on negatives, the positives of
which are made in Poland.
George R. Canty, American Trad<
Commissioner handling films, leave^
here today for Prague for further
discussion of the quota question witl
Czechoslovakian officials. He returns
in 10 days.
Despite rumors that have been prev-
alent here since early summer, it is
not felt by members of the foreign
department of the M. P. P. D. A.
that the present Czechoslovakia!-
quota will be reduced Nov. 1. A
suitable arrangement between Ameri-
can producers and the Czechoslovakian
government is looked for in the near
future, however.
Equity and Actors'
Guild Talk Terms
(Continued from page 1)
with dissenters returning to the Acad-
emy fold from which they walked^
out last year.
The Academy, within the past three
days, has received applications for1
reinstatement from several actors.
On the other hand, it is the sincere <
belief among leaders of the guild thati
there will be no serious objection!
from its general membership to the"
preliminary work of affiliating with*
the A. F. of L. as long as they can'
get sufficient autonomy.
Some predict that the real split!
will come when and if a strike is
called to demand recognition for a*
new form of standard contract because
of past_ failures of unionized labor
in securing acceptance of its demands
from studios.
Ray Curran Winner
In St. Louis Golf
St. Louis, Oct. 23. — Ray Curran
office manager for U. A., and John
Walsh of Progressive Pictures tied for
top honors in the first Variety Club
golf tournament. Curran won the toss
Alvin Wolff was third. Ray Col-
vin won the net handicap, with Letr
Hill second and Joe Garrison third
Emil Conrath won the blind bogey
contest, with Charles Goldman second
The best over 100 golfers were
George Wiegand, 107; Lou Elman
110; Tony Metreci, 114; Charle;
Gregory, 114; Glenn Gregory, 118
Consolation prize went to Claytoi
Lvnch.
Miss. Tax Is $217,666
New Orleans, Oct. 23.— Th(
amusement tax in Mississippi pro
duced $217,666 in nine months agains
$135,009 in 1933. But everything ii
taxed in Mississippi in the line o
amusements from circuses to carni
vals, whether they are educational oi
not.
John Graham Joins U.A
Kansas City, Oct. 23. — John Gra
ham, until recently B. I. P. representa
tive here, has joined the United Art
ists sales staff.
"ednesday. October 24. 1934
MOTION PICTURE
DAILY
^Barretts" Is
$27,000 High,
San Francisco
•i San Francisco, Oct. 23. — This
nvn went for "Barretts of Wimpole
ttreet" in a big way at the Warfield.
i he $27,000 gross was over average
I $4,000, and the feature went into
second week. It may even get a
aird.
"Judge Priest" took a fine §7,000 at
le St. Francis, "The Count of Monte
risto" was up to $9,000 at the United
.rtists, and a dual, "W ake Up and
Jream" and "Desirable," took $11,500
t the Fox.
Total first run business was S79.500.
average is $83,000.
Estimated takings :
Week Ending Oct. 16:
"AGE OF INNOCENCE" (Radio)
GOLDEN GATE— (2,800), 25c-3Sc-40c, 7
Bys. Stage: Band. Gross: $12,000. (Aver-
se, $13,000)
Week Ending Oct. 17:
"WAKE UP AND DREAM" (Univ.)
"DESIRABLE" (Warners)
FOX— (4,600), 15c-30c-40c, 7 days. Gross:
'11.500. (Average, $11,000)
"CARAVAN" (Fox)
PARAMOUNT— (2,670), 15c-25c-55c-65c, 5
iavs, 2nd week. Gross: $8,000. (Average,
a i.ooo)
BARRETTS OF WIMPOLE STREET"
(M-G-M)
WARFIELD — (2,700), 25c-3Sc-55c-65c, 7
lays. Gross: $27,000. (Average, $23,000)
Week Ending Oct. 18:
"ONE NIGHT OF LOVE" (Col.)
ORPHEUM— (3,000), 15c-30c-35c-40c, 7
iays, 7th week. Gross: $5,000. (Average,
19,000)
"JUDGE PRIEST" (Fox)
ST. FRANCIS— (1,400), 15c-35c-55c, 7 days,
iross: $7,000. (Average, $8,000)
'COUNT OF MONTE CRISTO" (U. A.)
UNITED ARTISTS— (1,200), 15c-35c-55c, 7
fays. Gross: $9,000. (Average, $8,000)
"DuBarry" $4,600
Draw in Portland
Portland, Oct. 23. — "Madame Du-
3arry" was the percentage winner of
Ihe week here. Its $4,600 at Ham-
ick's Orpheum was over average by
;1,600. A stage show helped.
"Belle of the Nineties" was in the
>ig money, too, going to $9,200, up
>y $4,200, at the Paramount. "Bar-
"etts of Wimpole Street" was still go-
ng strong at the end of the its third
week with a $5,000 gross at the
Jnited Artists.
Total first run business was $26,000.
\verage is $23,000.
Estimated takings for the week end-
ng Oct. 19:
"SIX-DAY BIKE RIDER" (F. N.)
"DEATH ON THE DIAMOND"
(M-G-M)
BROADWAY— (1,912), 25c-35c-40c, 7 days.
Sross: $5,500. (Average, $5,000)
"DESIRABLE" (Warners)
"CRIMSON ROMANCE" (Mascot)
HAMRICK'S MUSIC BOX— (2,000), 25c-
35c, 7 days. Gross: $2,600. (Average, $3,000)
"ONE MORE RIVER" (Univ.)
"ROMANCE IN THE RAIN" (Univ.)
HAMRICK'S ORIENTAL— (2,040), 25c, 7
Jays. Gross: $2,000. (Average. $2,000)
"MADAME DuBARRY" (Warners)
HAMRICK'S ORPHEUM— (1,700), 25c-
35c-40c, 7 days. Stage show. Gross: $4,600.
(Average, $3,000)
"BELLE OF THE NINETIES" (Para.)
PARAMOUNT— (3,008), 25c-35c-40c, 7
iays. Stage show. Gross: $9,200. (Average,
$5,000)
"BARRETTS OF WIMPOLE STREET"
(M-G-M)
UNITED ARTISTS— (945), 25c-3Sc-40c,
3rd week, 7 days. Gross: $5,000. (Average,
$5,000)
MOTION PICTURE DAILY&
HOLLYWOOD PREVIEW
"Lightning Strikes Twice"
(Radio)
Hollywood, Oct. 23. — A weak story keeps this one uninteresting,
although it has able cast portrayals. The direction fails to surmount the
story. Typed as a comedy-mystery, laughs are its main assets, while the
picture rates only program classification.
The yarn has the mistaken identity theme featuring a murder which
has never occurred and the mysterious disappearance of two cops with
the usual "buttinsky" reporter and a lot of people rushing in and out of
doors. Ben Lyon and Thelma Todd carry the romance. The plot centers
on two vaudeville performers who enter Lyon's home while he is absent
but arriving before the scheduled appearance of Miss Todd's aunt
(Laura Hope Crews) and her father (John Hale). Mysterious gunfire
follows and the cops arrive expecting a murder.
Everybody is put on the spot with Lyon suspected of dirty work at
the crossroads, but he is exonerated when the people alibi his activities.
The blowoff discloses the explosions were Lyon's butler shooting at
cats while the cops fell into a storm drain.
Good performances are turned in by Lyon, Miss Todd, Pert Kelton,
Hale, "Skeets" Gallagher and Miss Crews. Ben Holmes' direction gar-
ners some laughs. Production code seal, No. 352. Running time, 66
minutes.
Looking 'Em Over
"The Broken Melody'
( Olympic)
A rambling, disjointed affair is this British production from the
Twickenham studios. Even so it might have succeeded in squeezing
through in this country were it not for the vagaries of the producers in
allowing actors to speak with English accents in a picture set in Paris
and peopled with French characters. The accents are not marked, but
they are enough to shatter all illusion of reality. The players behave
more like subjects of King George than like Parisians. What saves
the production from mediocrity is its musical score, which is melodious.
The film has a banal story to tell. A youthful composer (John Gar-
rick) is won away from his sweetheart (Merle Oberon) by a stage
star (Margot Graham). When he discovers his wife in the arms of
her lover (Austin Trevor) he kills the man. He is sentenced to Devil's
Island. Escaping, he returns to Paris, where under a new name he starts
life anew with Miss Oberon, his first wife having died during his im-
prisonment.
Now a success as a composer, Garrick is recognized at the theatre
by the official in charge of the penal colony at the time of his escape.
To make a happy ending possible, the official, touched by Garrick's
efforts to straighten out his life, allows him to remain a free man. The
acting is no more than adequate.
Bernard Vorhaus directed. No code seal. Running time, 68 minutes.
"The Oil Raider"
(May fair)
There's dirty work again at the oil well — in "The Oil Raider" this
time. This production, possessing plenty of action, ought to please the
youngsters. Adults are likely to find the incidents in this tale of villainy
a bit too stiff to swallow without quibbling.
Buster Crabbe is the hero of the piece, which relates his struggle
to hold on to an oil claim. He comes close to losing the property when
the man who is staking him (George Irving) loses his shirt in the
market and refuses to advance Buster any more dough in accordance
with a stipulation in a written agreement between them. Irving thinks
that in this way he may be able to seize 100 per cent interest in the
well and uses an enemy of Crabbe as his tool in his scheme to delay
work at the well.
The discovery of Irving's duplicity hurts Crabbe no end since he
happens to be in love with the man's niece (Gloria Shea). Things look
pretty black for the young fellow when the well starts to gush. So does
the rest of the picture. Everything is smoothed out between Crabbe and
Irving. And there is sunshine all around at the end.
No code number. Running time, 59 minutes.
"Servants" Is
Heavy Grosser
As Hub Booms
Boston, Oct. 23. — With a holiday
and a snowy week-end to keep foot-
ball crowds indoors grosses in this
city went to a new high last week.
"Servants' Entrance" took top per-
centage honors with a gross of $18,500,
over normal by $2,500, at the Boston.
Practically every first run was well
over normal. "Mrs. Wiggs of the
Cabbage Patch" piled up $30,000 at
the Metropolitan, helped by a stage
show.
Total first run business was $106,-
500. Average is $84,000.
Estimated takings for the week end-
ing Oct. 18:
'SERVANTS' ENTRANCE" (Fox)
BOSTON— (2,900), 25c-50c, 7 days. Vaude-
ville. Gross: $18,500. (Average, $16,000)
"A LOST LADY" (F. N.)
"LEMON DROP KID" (Para.)
FENWAY — (1,800), 30c-50c, 7 days. Gross:
$10,000. (Average, $9,000)
"THE GAY DIVORCEE" (Radio)
KEITH'S— (3,500), 25c-65c, 7 days. Gross:
$18,000. (Average, $16,000)
"THE LAST GENTLEMAN" (U. A.)
"THATS GRATITUDE" (Col.)
LOEW'S STATE— (3,700), 35c-50c, 7 days.
Gross: $20,000. (Average, $16,000)
"MRS. WIGGS OF THE CABBAGE
PATCH" (Para.)
METROPOLITAN— (4,350), 30c-65c, 7
days. Sid Gary and Revue. Gross: $30,000.
(Average, $28,000)
"A LOST LADY" (F. N.)
"LEMON DROP KID" (Para.)
PARAMOUNT— (1,800), 30c-50c, 7 days.
Gross: $10,000. (Average, $9,000)
Court Action Threat
Over K. C. Zoning
Kansas City, Oct. 23:— W. D. Ful-
ton, independent exhibitor represent-
ing a group of 12 independents, served
notice on the local zoning board to-
night he planned to ask the Federal
court to enjoin it and Campi if the
latter proceeds with the scheduled
final hearing tomorrow on the Kansas
City clearance plan.
Fulton wired Campi requesting the
hearing be postponed so that protest-
ing independents can be adequately
represented. On the other hand, in-
dependents and circuits favoring the
schedule wired Campi to go on with
the hearing and approve the new
schedule.
Widespread objections by local inde-
pendents to the schedule have been
withdrawn after the explanation by
Elmer C. Rhoden, Fox Midwest divi-
sion manager, who conferred last week
with John C. Flinn, that it would not
apply to 1933-34 product.
Fulton's group, representing low-
priced houses, objects to filing price
schedules in advance and to the provi-
sion delaying clearance 14 days if a
uniform scale is not maintained. The
proponents of these provisions con-
tend they will tend to stabilize the
price situation, preventing indiscrimi-
nate price-cutting.
The major distributors favor the
schedule and will be represented at the
hearing tomorrow. Fox Midwest and
Publix today wired their approval of
the schedule to Campi.
Mrs. Burkey Keeps House
Kansas City, Oct. 23. — Mrs. Chas.
H Burkey will continue to operate
the neighborhood Summit, which her
husband built and operated 22 years
until his death last week.
MOTION PICTURE
DAILY
Wednesday. October 24, 193
< Purely
Personal ►
Albert L. Warner, Phil Baker,
Paul Moss, License Commis-
sioner; Al Lichtman, Lee Ochs,
Budd Rogers, Gus Edwards, Howard
Dietz, Eugene Zukor, John C. Flinn
and W. R. Ferguson lunched at the
M. P. Club yesterday.
Jules Levy, Cresson Smith, Ed
Finney, Mitchell Klupt, Colvin
Brown, Abe Montague, Nate Spin-
gold, Ralph Wilk, Frank Craven
and Charles Paine were among
those who lunched at The Tavern yes-
terday.
Harry C. Arthur, en route from
the coast, will stop at Chicago and
St. Louis, arriving here Saturday.
Jack Partington, who had planned
to leave for Los Angeles yesterday,
may go today or tomorrow.
Richard Walton Tully's and
David Belasco's "Rose of the Ran-
cho" has been acquired by Paramount.
It will be a musical with Mary Ellis.
Joseph D. McGoldrick, Fusion can-
didate for comptroller, will be at the
opening of the Trans-Lux, Brooklyn,
tomorrow night.
Sig Herzig, Hans Kraly and Ey
Harbig's "Broadway Gondolier," an
original story, has been bought by
Warners.
Clifford Orr's "The Dartmouth
Murders" has been purchased by
George R. Batcheller for Chester-
field.
Frank Phelps of Warners the-
atre department left last night for
Cleveland. Business is the reason.
James M. Beck, M. P. P. D. A.
representative in London, is in town
for a visit of two or three weeks.
Mary Ellis, recently signed by
Paramount, arrives from London to-
day on the Berengaria.
Fran Wead and Ferdinand Rey-
her have sold their "Lady with a
Badge" to Warners.
James Cagney will be guest star
on the Rudy Vallee broadcast to-
morrow night.
Abe Leff has donated a new Holly
Ark to the Temple Beth Elohim.
Parker Morell's "Diamond Jim"
has been acquired by Universal.
Donald Novis will be in the stage
show at the Capitol next week.
Form Onondaga Theatre
Albany, Oct. 23. — Onondaga Civic
Theatre, Inc., Syracuse, has been char-
tered with capital of 100 shares non-
par stock to exhibit pictures and plays.
Jay Gardner, Coley C. Young and
Leavenworth Steele are directors and
subscribers.
Rogers Cast Growing
Hollywood, Oct. 23. — Louise
Dresser, Robert McWade, Charles
Middleton, Russell Simpson, Gay Sea-
brook, Erville Alderson and William
V. Mong have been cast in Will
Rogers' "The County Chairman," in
production for Fox.
Expect $35,000 at Roxy
"Little Friend" is expected to hit
between $35,000 and $36,000 for the
first week at the Roxy. The Gau-
mont British film is being held a
second week during which Dizzy and
Daffy Dean will appear on the stage.
RKO Returns Vaude
To K. C. Mainstreet
Kansas City, Oct. 23. — After an
absence of two seasons, vaudeville re-
turns to the RKO Mainstreet as a reg-
ular policy, beginning Friday. The
house has been staging unit shows in
conjunction with pictures, but RKO
executives believe the local situation
is ripe for a permanent vaudeville
policy.
The weekly bill will include five or
six acts or unit productions with
name headliners or bands. "Happiness
Ahead" is set as the first. The price
scale will be 25c-35c-50c, including
tax.
The fact the Tower, up to now the
only vaudefilm house, has had some
big grosses may have had something
to do with the decision to reinstate
the policy at the Mainstreet.
Sonotone to Finish
Sales Meet Today
Sonotone dealers today wind up the
last of a three-day convention at the
Park Central. D. D. Halpin, assistant
sales manager, announced yesterday
the production of a 100-foot trailer for
theatres to acquaint the public with
the hard-of-hearing device.
Other speakers yesterday were C.
A. Lemkuhl, vice-president and for-
eign sales manager; F. W. Varin,
assistant treasurer and comptroller ;
Emmanuel Nicholides, chief engineer,
research department; Dr. Hugo Lie-
ber, president ; Mrs. Angela T. Car-
roll, T. Swanson, C. F. Pietsch and
Dean Babbitt.
St. Louis Proposes
Heavy Music Taxes
St. Louis, Oct. 23. — Another angle
of the fight on the A. S. C. A. P. has
developed here with the introduction
of an ordinance to impose a $2,500
annual tax on persons or firms col-
lecting royalties on copyrighted music,
books, recorded music.
The aldermen also have under con-
sideration an ordinance to restrict use
of the Auditorium to "civic, charita-
ble, educational and other public or
semi-public purposes." This is an
aftermath of the fight against leasing
of the building for a run of "Zieg-
feld's Follies."
Seattle Orpheum to Open
Seattle, Oct. 23. — The Orpheum,
dark since last April, will be opened
on Oct. 26 by John Hamrick as the
fourth house in his local first run
circuit.
Hamrick is the fourth theatre man
to operate the house, it having been
built and operated first by RKO, lat-
er by Skouras affiliates, then Ever-
green State circuit. Vaudefilm will
be presented with a featured stage
band at popular prices. The vaude-
ville will play one week each at Ham-
rick's Orpheum in Portland, Music
Box in Tacoma, and the local Or-
pheum.
Form New Pioneer Corp.
Pioneer Development Corp. has been
formed under the presidency of Lowell
V. Calvert to act as general repre-
sentatives of independent producers.
Pioneer Pictures, Inc., of which
John Hay Whitney is president, is
the first client.
1 I
BUNDLING
— it isn't kissingf
— it isn't hugging!
■ — it isn't necking!
But it combines the best
features of all three!
Learn all about our first great
national pastime in Paramount's
"THE PURSUIT OF HAPPINESS"*
starring FRANCIS LEDERER, with
Joan Bennett, Charlie Ruggles and
Mary Boland. Directed by Alexan-
der Hall. World premiere at Radio
City Music Hall on October 25th.
* Prints now available at all
Paramount Exchanges
The Leading
DaJJh
of Jhe
Motion 1
Picture
Industry
MOTION PICTURE
DAILY
Alert,
Intelligent
and
Faithful | |
Service to''
the Industry
in All
Branches
OL. 36. NO. 98
NEW YORK, THURSDAY, OCTOBER 25, 1934
TEN CENTS
Theatres Fear
Heavier Radio
Draw in Sight
Revival of Plays With
Stars Is a Factor
Increased radio competition for the-
itres is predicted as a result of spread-
ing of the movement to acquire radio
rights to old dramatic rights, ac-
:ording to the current issue of
Motion Picture Herald.
Advertising agencies are now turn-
ing to this field to diversify their
.rogram material and are using film
lames to read the lines of the radio
•ondensations of the plays. The J.
W alter Thompson Agency is one of
:he leaders of this movement. It has
ust negotiated an option to take over
ill the Golden plays, with plans for
a different revival each week for
(Continued on pane 4)
Gold, Lazarus Head
New U. A. Divisions
United Artists has again returned
to division sales heads with Harry
Gold in charge of the east and Paul
Lazarus supervising the west. Charles
Stern will assist Gold while Jack
Goldhar will aid Lazarus. Up to now
the four men have been assistants to
Al Lichtman.
Gold's territory will include Atlanta,
Boston, Buffalo, Charlotte, Cleveland,
Dallas. Cincinnati, Indianapolis, New
Haven, New York, Philadelphia.
Pittsburgh and Washington. Lazarus
will have under his supervision ex-
changes west of Chicago and Canada.
Fox Met Holders to
Confer on New Pact
In an effort to complete a plan of
reorganization for Fox Metropolitan
Playhouses within the next three
(Continued on page 4)
Radio, Not Films
Hackensack, Oct. 24. — For
once pictures don't get the
blame for the existence of
crime. Dr. Frank Kingdon,
president of Dana College,
in Newark, told a women's
club here that "little blame
can be given movies for the
existence of crime."
"The radio, though," he
added, "is not a matter to be
disregarded."
Actors9 Guild Enthusiastic
On Equity Affiliation Move
Hollywood, Oct. 24. — Approval of a Screen Actors' Guild affilia-
tion with the A. F. of L. through Actors' Equity was agreed upon
at a meeting last night of the guild's board of governors with
Frank Gillmore, Equity head, and I. B. Kornbloom, local legal
advisor for Equity.
Gillmore left for New York today by plane and will present
the agreement to the Equity council at a meeting next Tuesday.
If the council's action is favorable, Gillmore will return here for
a vote of the entire guild membership on the affiliation proposal.
Indications are that the Screen Guild is in line to obtain local
autonomy and reinforcements for collective bargaining with pro-
ducers, its two principal objectives.
Capital Sees
Acceptance of
New Cost Plan
Washington, Oct. 24. — General ac-
ceptance of the new code assessment
proposals as fair is indicated by the
fact that one week after their an-
nouncement but one objection has
reached Deputy Administrator Wil-
liam P. Farnsworth of the NRA.
Discussing reports that W. Ray
Johnston, president of Monogram, had
protested the producer-distributor
schedule, Farnsworth disclosed that
the only complaint to reach him was
from Sam Flax of the Liberty Film
Exchange, Washington Monogram
distributor.
In analyzing the schedule the
deputy administrator pointed out that
while the percentage to be paid by
the smaller organizations is larger
than that which will be collected
(Continued on page 6)
Officials of Para, in
Reorganization Talk
Paramount home office, studio and
field executives met yesterday to dis-
cuss general phases of the company's
(Continued on page 6)
Cancellation
Replacements
Near a Ruling
Campi today will decide whether
distributors may replace pictures in
higher brackets of contracts with
lower-priced films after the former
have been rejected in compliance with
the 10 per cent cancellation clause.
Austin Keough, S. S. Bromberg,
Willard McKay and Nathan Yamins,
the code's legal committee, met yes-
terday and discussed this phase of uni-
form contracts and left the decision to
Campi.
Although the Loew-Trio Consoli-
dated clearance and zoning case in
New York was to come up today an-
other postponement was granted
Loew's yesterday. An effort to set-
tle the protest amicably last week
failed when Loew's refused to con-
cede a reduction to the independent
circuit.
Furber Hits Rival
Move at Trans-Lux
Percy N. Furber, president of
Trans-Lux Daylight Picture Screen
Corp., has sent a bulletin to company
(Continued on page 6)
It '11 Be a Ball Game
What is described as "the baseball game of the century" is
scheduled for Nyack Sunday afternoon between the Nyack Eagles
and the 21 Hangovers. Proceeds will go to the Nyack Y. M. C. A.
and damaged players will go to the Nyack Hospital.
Survivors and spectators will go to a dance in the Clarkstown
Country Club. The game is to be played in the club's stadium.
What the World Series is to America in general this game will
be to Nyack and the show business.
Ben Hecht and Charles MacArthur organized the Eagles early
in the summer and recruited plenty of substitutes for the original
(Continued on page 6)
Distributors
Hit Clearance
Set on Prices
Should Be Negotiated
In Sales, They Say
Objections to clearance schedules be-
ing based on admission prices are
being voiced by distributors, despite
recent approval by Campi of the
method.
Major company sales heads contend
that clearance, protection and prices
to be charged are a matter of nego-
tiation between distributor and ex-
hibitor and where local code boards
set clearances according to prevailing
admissions the plan does not work.
At yesterday's code session, Edward
M. Saunders, western division mana-
ger for M-G-M, and Sidney Justin,
attorney for Paramount, objected to
the Kansas City schedule because of
prices governing clearance. In addi-
tion, both companies protested a clause
in the plan whereby subsequent runs
(Continued on page 6)
Code Binds, But Is
"Helpful"— Cohen
A restricted but none the less' ef-
fective entertainment field is imposed
upon the industry by the production
code, Emanuel Cohen, Paramount pro-
duction head, said yesterday.
"Application of the production code
restricts one type of entertainment,"
Cohen observed. "However, it must be
(Continued on page 6)
FitzPatrick to Do
Liszt Film in Color
James A. FitzPatrick's first feature
will be "The Love Affairs of Franz
Liszt," which he plans to produce in-
dependently on the coast. The picture
(Continued on page 6)
Say Sinclair Trails
Upton Sinclair, Democratic
candidate for Governor of
California, trailed his lead-
ing rival, the Republican can-
didate Frank F. Merriam, in
early returns published yes-
terday in the Literary Di-
gest's straw vote. Only six
widely scattered cities had
been heard from, however.
MOTION PICTURE
DAILY
Thursday, October 25, 1934*
MOTION PICTURE
DAILY
(Registered U. S. Patent Office)
Vol. 36
October 25, 1934
No. 98
Martin Quigley
Editor -in-Chief and Publisher
MAURICE KANN
Editor
JAMES A. CRON
Advertising Manager
Published daily except Sunday and holi-
days by Motion Picture Daily, Inc., sub-
sidiary of Quigley Publications, Inc..
Martin Quigley, President; Colvin Brown,
Vice-President and Treasurer.
Publication Office: 1790 Broadway, New
York Telephone Circle 7-3100. Cable ad-
dress "Quigpubco, New York." All con-
tents copyrighted 1934 by Motion Picture
Daily, Inc. Address all correspondence to
the New York Office. Other Quigley pub-
lications: MOTION PICTURE HERALD
BETTER THEATRES, THE MOTION
PICTURE ALMANAC and THE CHI
CAGOAN. n . • ...
Hollywood Bureau: Postal Union Lite
Building, Vine and Yucca Streets, Victor
M. Shapiro. Manager; Chicago Bureau: 407
South Dearborn Street, Edwin S. Clif-
ford Manager; London Bureau: Remo
House, 310 Regent St., London, W. 1,
Bruce Allan, Representative. Cable address:
"Quigpubco, London"; Berlin Bureau:
Berlin-Tempelhof, Kaiserin-Augustastrasse
28, Joachim K. Rutenberg, Representative;
Paris Bureau: 19, Rue de la Cour-des-
Noues, Pierre Autre, Representative; Rome
Bureau: Viale Gorizia, Vittorio Malpassuti
Representative; Sydney Bureau: 102 Sus
sex Street, Cliff Holt, Representative; Mex-
ico City Bureau: Apartado 269, James
Lockhart, Representative; Glasgow Bureau:
86 Dundrennan Road, G. Holmes, Repre
sentative; Budapest Bureau: 3, Kaplar-u.
Budapest, II, Endre Hevesi, Representa-
tive; Moscow Bureau: Civtzev Vrazhek, N
25, Apart. 146, Moscow, U. S. S. R., Bella
Kashin, Representative. Cable address:
Samrod, Moscow.
Entered as second class matter, January
4, 1926, at the Post Office at New York
City. N. Y., under Act of March 3, 1879.
Subscription rates per year; $6 in the
Americas, except Canada $15 and foreign
$12. Single copies: 10 cents.
Carl Laemmle Takes
Production Control
Hollywood, Oct. 24. — Carl
Laemmle, Sr., is now in active charge
of production direction at Universal
City while Carl Laemmle, Jr., ac-
companied by his assistant, Harry
H. Zehner, is en route to New York
on the S. S. Santa Rosa.
Young Laemmle has completed five
years as studio head without a vaca-
tion and is now on his way to Eu-
rope on a three months' rest. He
intends to tour the continent and
North Africa, sailing for Genoa from
New York on the Conte di Savoia
Nov. 5.
Laemmle, Sr., now has six pictures
in work at the studios. These are :
"The Man Who Reclaimed His
Head," "The Good Fairy," "Night
Life of the Gods," "Strange Wives,"
"I've Been Around" and "Straight
from the Heart."
Mass. 1933 Theatre
Gross $20,854,000
Hollywood, Oct. 24. — Before leav-
ing on his European vacation, Carl
Laemmle, Jr., promoted Philip Cahn
to a directorship at the Universal
studio. He will handle "I've Been
Around," starring Chester Morris.
Cantor Stirs Riot
Call in Bridgeport
Bridgeport, Oct. 24. — Two police
details answered a riot call to the
Poli Theatre last night. A crowd
of 1,200 became unruly when unable
to gain admission.
Eddie Cantor and Rubinoff opened
a three-day engagement at the house
yesterday with "Have a Heart," star-
ring Jean Parker.
A new house record was set Mon-
day with 12,000 paid admissions.
Heading for Texas
Joseph Clemmons, president, and
Julius Gordonj attorney for Jefferson
Amusement Co., of Beaumont, Tex.,
leave for home tomorrow after two
weeks here conferring with Publix
home office officials and discussing
code matters. Jefferson is a Publix
affiliate.
Trans-Lux Opens Friday
A big party is planned for the
opening of the new Trans-Lux on
Fulton St., Brooklyn, Friday night.
Comptroller Joseph D. McGoldrick
and Borough President Raymond Y.
Ingersoll of Brooklyn will open the
house.
Among those invited are : Bernard
S. Deutsch, president of the Board
of Aldermen ; Joseph J. Early, asso-
ciate editor of the Brooklyn Times;
B. O. McAnney, city editor of the
World-Telegram: Frank Buck, Polly
Moran, Estelle Taylor, Juliette Low-
ell and George Givot.
Washington, Oct. 24. — Box office
receipts of $20,854,000 were reported
for 270 Massachusetts film theatres,
while 10 additional film and vaudeville
houses had receipts of $979,000 and
10 other legitimate and opera the-
atres took in $976,000, it was reported
today by the U. S. Census Bureau.
Payroll expenditures of the film
theatres for the year were $4,614,000,
while the legitimate houses reported
$435,000 and the vaudefilm houses,
$214,000.
Reports on cities showed Boston to
have 61 film houses with a gross of
$8,428,000 and payrolls of $2,051,000,
and seven legitimate theatres with a
gross of $708,000 and payrolls of
$373,000. Springfield had ' 16 film
houses which grossed $1,091,000 and
had payrolls of $231,000. New Bed-
ford had 10 film houses with receipts
of $673,000 and payrolls of $162,000;
Fall River, six with receipts of $615,-
000 and payrolls of $115,000; Somer-
ville, nine with receipts of $414,000
and payrolls of $74,000, and Holyoke,
six with receipts of $295,000 and pav
rolls of $67,000.
Ezell Conferring Here
Claude Ezell, Monogram franchise
holder in Dallas, is in New York con-
ferring with Edward Golden. He
leaves for home Sunday.
Ezell says business is very good in
Texas and all theatres are open.
The territory as a whole is in fairly
good shape, he states.
Remaining as Editor
Kathryn Dougherty will retain her
position as editor of Photoplay and
Shadowplay, it was announced yes-
terday by the Bernarr Macfadden
Publishing Co., recent purchasers of
the two magazines.
On Vermont Location
Robert C. Bruce is now on loca-
tion in Vermont shooting scenes for
"October Day," one of the future re-
leases of the "Musical Moods" series
through First Division.
To Become Restaurant
The Casino theatre will be con-
verted into a restaurant and will open
Dec. 25 with "Folies Bergere" as the
floor attraction. Jack Shapiro and
Louis Blumenthal are negotiating for
an operator.
Thomas Adds to Staff
Harry M. Thomas, president of
First Division, yesterday announced
the appointment of two additional
sales managers for "Musical Moods,"
Audio's series of 18 Technicolor
shorts.
David J. Selznick will be in charge
of the Pittsburgh short subject branch
and Basil Brady will function in the
same capacity in Buffalo.
Further appointments of short sub-
ject sales managers will be announced
shortly.
i Purely
Personal >
WILLIAM M. L. FISKE, 3rd, ri
turns from Europe in about ti<
weeks. His trip abroad has nothh
to do with business although he is
vice-president of First Division.
William B. Brenner, who hi,
been in London for the past thn,
months for National Screen, is bad
Moe Streimer will be honored m
the Monday Nighters when a dinnr
will be given him at the M.P. Ch
in two weeks.
Jim Steinheimer, of the editor-
department of National Screen's coa'
studio, will be in town on home o
fice conferences until about Nov. 4.
Norman Krasna's stage pla(
"Small Miracle," has been bought 1
Paramount.
Herb Williams has been sign'
to appear in a Vitaphone short
be produced at the Brooklyn plat
Leonard Hall has joined the a
vertising and publicity staff of RK
under S. Barret McCormick.
Henry Herzbrln, Paramou
studio attorney, is in town from t
coast on a brief visit.
Deems Taylor has completed
general assignment at the Paramou
studio and is en route east.
Gregory La Cava, director, is
town on a brief vacation.
Ed. Levy of New Haven was
town yesterday.
Nathan Yamins of Fall Riv
Mass., is around again.
N. L. Nathanson is visiting in
Canada.
Gets Animal Series
Jack D. Trop has acquired for in-
ternational distribution six pictures
featuring Kazan, the dog ; Cactus, the
horse, and John King. King is pro-
ducing the features, first of which is
"Outlaw's Highway," already com-
pleted.
Warner Film at Roxy
Another Warner picture, "Kansas
City Princess" has been booked into
the Roxy, starting Nov. 2. It's a
one-picture deal.
Darmour on Job Again
Hollywood, Oct. 24. — Larry Dar
mour is back on the job for Majestic
after having his tonsils removed.
Eastman Up iy2 on Big Board
Net
High Low Close Change
Columbia Pictures, vtc 35}4 3554 35$i — 54
Consolidated Film Industries 3$i 3tyg 3&i — 5i
Consolidated Film Industries, pfd 1554 1554 15J4 + 54
Eastman Kodak 105 10354 105 +154
Fox Film "A" 12^ 12% 12% + %
Loew's, Inc 3054 2954 3054 + H
Loew's, Inc.. pfd 95% 9526 95% — %
Paramount Publix, cts 454 4% 4% + %
Pathe Exchange 1% 1% 1%
Pathe Exchange "A" 1354 13% 1354 + %
RKO 25* 2% 2% — %
Warner Bros. . , 4% 4% 4% +54
Paramount F. L. Bonds Drop %
Net
High Low Close Change
General Theatre Equipment 6s '40 7 6% 7
General Theatre Equipment 6s '40. ctf 7 7 7 + %
Loew's 6s '41, ww deb rights 102% 102$i 102?4 — %
Paramount F. L. 6s '47 5754 5 7 -- 57 — Vl
Paramount Publix 554s '50 57^4 57 - 57 — %
Pathe 7s '37. ww 99 99 99
Warner Bros. 6s '39, wd 58 5754 57% + 54
Sales
1.000
200
500
1,500
1,200
7,700
100
2,900
400
500
100
1,100
Sales
6
1
1
10
18
1
17
Leff -Meyers Take 9th
Leff-Meyers circuit has taken ov
the Parkway, Bronx, making nil
for the chain. The house, now clos<]
will be remodeled and reopened shon
ly. The circuit also has a deal
with Haring & Blumenthal for tl
Crescent, same borough.
Schiller Eastward Toda\
Hollywood, Oct. 24. — E. A. Schn
ler of Loew's, here for the last thi
months recuperating from an illne
leaves for the east by plane tomorn
to resume his duties at the home offi>
Louis K. Sidney will accompany hi
Reject Vitaphone Offei I
"Dizzy" and "Daffy" Dean ha
turned down an offer from Yitaphc J
to appear in a short. They will op 1
tomorrow at the Roxy for a wee 1
personal appearance.
H off berg Has Congres
J. H. Hoffberg has acquired l|
distribution rights to the BuerJ
Aires Eucharistic Congress. D
logue is in Spanish and English.
Hoblitzelle Here
Karl Hoblitzelle of the Interst:
circuit in Texas, Publix affiliate,
in town conferring with home off S
executives.
RKO Officials Arrive
J. R. McDonough, Ned E. Depii
and William Mallard, RKO offici \
all, arrived in New: York from Hoi J
wood by plane yesterday.
Berthold Vie rtel. Prof. Einstein. Michael Balcon5and A.P.Waxman
professor mm mmm, pmm
'POWER* PREVIEW, PRINCETON UNIVERSITY:
DR.STEPHEN S. WISE, congratulates
QB ON POWER, mom PULPIT AND OVER
FOX 10CWST HOLM OVER POWER"
ATIANTIC CITY. booki power for 2 n&
AND 3rd RUN AFTER BOARDWALK 1st RUN
Physical Distribution — Fox Exchanges — Canada — Regal Film, Ltd.
MEANS GAUMONT BRITISH ... AN D
GAUMONT BRITISH ^5%^ duSlxm
3
MOTION PICTURE
DAILY
Thursday. October 25, 1 934 t
Theatres Fear
Heavier Radio
Draw in Sight
(Continued from page 1)
two programs, one of which will have
Mary Pickford.
In addition, according to the Her-
ald, there will be excerpts from mu-
sical comedies on the Paul Whiteman
programs Thursday nights.
Other radio advertisers are making
contacts with A. H. Woods, Sam
H. Harris, Arch Selwyn and the es-
tate of Henry W. Savage for old
stage productions.
"A survey of one week's network
radio programs," the Herald says,
"indicated that there are more film
'names' appearing regularly on the air
than there were at any time last
year."
On Friday night there are 12 pro-
grams with film names, among them
Tom Mix, Frank Buck, Irene Rich,
Grace Hayes, Edmund Lowe, Dick
Powell and Kate Smith.
More and more players are said to
be demanding contract clauses per-
mitting them to broadcast, and more
producers appear to be granting this
permission. M-G-M is said to be
the only producer definitely barring
broadcasts, but an exception is made
in favor of Jimmy Durante.
Radio and Warners maintain their
own studios, both utilizing the broad-
cast facilities to exploit players and
pictures. In the case of Radio most
of the studio broadcasts are from
that lot.
Fox Met Holders to
Confer on New Pact
(.Continued from page 1)
weeks, representatives of the bond-
holders' committee will meet tomor-
row with Skouras and Randforce to
negotiate changes in the operating
contracts of the two.
It is understood that the princi-
pal consideration of the negotiations,
and one upon which completion of a
plan may depend, is the approval by
Skouras and Randforce of a cancel-
lation clause for insertion in their
operating contracts, which would per-
mit a sale of the circuit after a speci-
fied time following reorganization.
A new Hayden, Stone & Co. offer
for the circuit is still regarded as
a possibility, particularly in the event
the committee is successful in nego-
tiating a cancellation clause for the
operating contracts.
Flash Review
Loyalties — The Galsworthy play
has been converted into a generally
entertaining film. . . . The British
speech of the players is at times diffi-
cult to make out. . .
This film will be reviewed in full in
later issue of Motion Picture Daily.
LeRoy to Do China Story
Hollywood, Oct. 24. — Mervyn Le-
Roy will direct "Oil for the Lamps of
China" for Warners on his return
from New York. The director leaves
for Manhattan Fridav. having wound
up work on "Sweet Adeline."
MOTION PICTURE DAILY*
HOLLYWOOD PREVIEW
"Enter Madame''
{Paramount)
Hollywood, Oct. 24. — Aside from high class production values, some
good trouping by Cary Grant, Lynne Overman and Michelette Burani,
this dramatic exploration into the love life of an operatic star is spotty
entertainment, mildly amusing.
While Producer Benjamin Glazer and Director Elliott Nugent unite
efforts for the best effect, somehow this former stage vehicle doesn't hit
the emotions as a picture.
The story is of Grant, an American, who, after saving the opera
singer, Elissa Landi, from a stage fire, marries her, becoming "just her
gigolo." He tires of her, and back in New York starts divorce pro-
ceedings, intent on marrying Sharon Lynne, when Madame Star, on
tour, enters and the divorce is forgotten.
Grant shows to good advantage with a light comedy flair and Over-
man gives a polished performance. Others in the cast are Frank
Albertson, Cecelia Parker, Paul Porcasi and Miss Landi who, as the
prima donna, overacts beautifully while her singing is contributed by
Nina Kishetz and is not too well synchronized.
Stirring is the "Cavalleria Rusticana" number, with the photography
good throughout. Compared to current operatic films, however, this
one evaluates program calibre. Production code seal No. 268. Run-
ning time, 84 minutes.
"Girl of My Dreams
(Monogram)
Hollywood, Oct. 24. — This picture clicks as entertainment with
plenty of genuine comedy. The story deals with the antics of a gang
of college youngsters including Eddie Nugent, campus "big shot";
Creighton Chaney, a star athlete; and Mary Carlisle and "Gig" Parish
as their respective girl friends.
Sterling Holloway, editor of the campus paper, and his pal, Arthur
Lake, tamper with the votes in the college popularity contest to cure
Nugent of his conceit. In situations that follow the boys get too ex-
cited, athletes neglect their training and everybody is giving his fra-
ternity pin to the wrong girl. All is straightened out following an
intercollegiate track meet and each lad turns up with the right girl.
George Waggner wrote the original story and lost none of its humor
in adapting it to the screen. Ray McCarey's direction shows plenty of
fineness. The entire cast of young people are thoroughly at ease in
their roles, especially Holloway whose comedy is outstanding. The
photography, by Ira Morgan, is good. It's good program fare and a
credit to all concerned. Running time, 65 minutes. Production code
seal No. 294.
Looking 'Em Over
"Autumn Crocus"
(Associated Talking Pictures-Anten)
Here is the story of a woman's suppressed emotions on the brink of
release in the form of an illicit romance, but suppressed again as she
goes back to her English classroom cherishing memories of what might
have been.
This is putting baldly the basic elements of a drama told with the
delicate touches of an etching. Life where surface emotional shadings
never go deeper than pastel often has as much poignant drama as in its
more vivid manifestations where passion is deep red. This is one of
those things.
Modern youngsters, given to self expression, may find it difficult to
understand. Those average American audiences which like to see their
heroes and heroines do the things they would like to do, but haven't
the courage or opportunity to attempt, will not like it. This is enter-
tainment only for those who prefer their emotional stimulants, vintage
product.
Fay Compton, w<ho played the original role on the London stage, is
a joy as the wistful school teacher who meets a young dashing inn
keeper in the Austrian Tyrol and almost decides to cast her lot with
(Continued on page 5)
"Divorcee" Is
Kansas City's
Wow, $13,000
Kansas City, Oct. 24. — "Gay Di-
vorcee" was the week's smash hit, '
sweeping practically everything else
before it for a take of $13,000 at the|
Mainstreet. The Tower's $7,800 for
"Wake Up and Dream" and a stage
show was $800 above the line. Else-
where business was nothing to shout
about.
Total first run business was $39,600.
Average is $35,300.
Estimated takings :
Week Ending Oct. 17:
"MRS. WIGGS OF THE CABBAGE
PATCH" (Para.)
NEWMAN— (1,800), 25c-40c, 7 days, plus
Saturday midnight show. Gross: S6.800.
(Average, $7,000j
Week Ending Oct. 18:
"GAY DIVORCEE" (Radio)
MAINSTREET— (3,100). 25c-40c, 7 days,
plus Saturday late show. Gross: $13,000.
i Average, for straight films, $7,000.)
"THE LAST GENTLEMAN" (U. A.)
MIDLAND — (4,000), 25c-40c, 7 days, pro?1
Saturday midnight show. Gross: $8,400.
(Average, $11,000.)
"WAKE UP AND DREAM" (Univ.)
TOWER— (2,200), 25c-35c, 7 days, plus;
Saturday midnight show. Stage: "Inter-
national R«vue," with Kenneth Harlan
Al St. John and others. Gross: $7,800.-
(Average, $7,000.)
"CARAVAN" (Fox)
UPTOWN— (2,000), 25c- 40c, 6 days
Gross: $3,600. (Average, 6 days, $3,200..
Form Phila. Variety,
Sweigert Made Chief
Philadelphia, Oct. 24. — The Phil-
adelphia Variety Club has been
formed here with Earle W. Sweigert
as chief barker. Leonard Schlessinger
is first assistant barker ; Frank Buh-
ler, second assistant barker ; J a}
Emanuel, wagonman ; Jack Greenberg
property master ; while the following
are canvassmen: James Clark, Ed-
ward Corcoran, Milton Rogasner
Lewen Pizor, Jerry Crowley, Herber
Elliott, Samuel D. Schwartz, Harn
W iener, Al Davis, Edward Shermai
and Al Cohen.
Charles (Buddy) Rogers was pres I
ent at the initial meeting. Johnn;
Harris has been invited for the nex
meeting.
The membership of the club is lim
ited to 50. Permanent quarters ar<
being arranged.
Lubitsch Leaves Sunday
Ernst Lubitsch plans to leave for th
coast Sunday. His next picture fo
Paramount is still undecided, althougl
there is a possibility he may direc
Marlene Dietrich. This will be de
cided when he returns to Hollywood
Lubitsch's deal to make two fo
Toeplitz also has to wait until th
arrives on the coast. The contract: :
sent from London, are at his wester
office.
Fox to Build Alice Faye
Hollywood, Oct. 24. — Fox is plar
ning a star buildup for Alice Fays
who has returned to Hollywood fol
lowing a vacation in New York. Th
new setup will pull the actress out c
the role scheduled for her opposit
Spencer Tracy in "Dante's Inferno.
Instead, Miss Faye will play the femi
nine lead in George WTiite's "Scan
dais of 1935," which will be a Winfiel
Sheehan production.
Uiursday, October 25. 1934
MOTION PICTURE
DAILY
5
Looking 'Em Over
(.Continued from page 4)
him in the mountains of his homeland, even though she discovers he is
married. Ivor Novello, as the inn keeper, gives a splendid perform-
ance, too. The photography is beautiful.
It is art, but art usually goes over the heads of the masses.
Production code seal No. 0174. Running time, 72 minutes.
"Norah O'Neale"
(DuWorld)
Out of Ireland comes "Norah O'Neale," a Clifton-Hurst production
with a simplicity of treatment that is refreshing and a visual beauty
that is compelling. In it the Abbey Players make their first film appear-
ance as a group. Their work is commendable for its naturalness and
sincerity.
It is the often moving tale of a young doctor (Lester Matthews)
torn between love and his profession. Penniless, he is fearful of
falling in love because he knows he is in no position to support a wife.
Surprised kissing a nurse (Molly Lamont) in the hospital, he an-
nounces his troth to her to save the girl's reputation. His unhappiness
is deepened by the fact he is really in love with another nurse (Nancy
Burne).
Sent to help at the fever hospital, Matthews is stricken with typhus
himself. In his delirium he calls for Miss Burne in Miss Lamont's pres-
ence. Aware it is Miss Burne he loves, Miss Lamont does the sporting
thing. She sends for her fellow nurse, realizing that only Miss Burne
can revive in Matthews the desire to live.
Photographically, the film is a triumph. Filmed entirely in Erin, it
unfolds many lovely views of the Irish countryside. Irish melodies run
through the film and give it added entertainment value.
Brian Desmond Hurst directed. No code seal. Running time, 67
minutes.
"Madame DuBarry," yesterday morning's opener at the Strand, was reviewed
on June 5.
"Mrs. Wiggs of the Cabbage Patch," tomorrow morning's opener at the
Paramount, was reviewed by zvire from Hollywood on Aug. 18.
"Pursuit of Happiness," this morning's opener at the Radio City Music Hall,
ivas reviczved by wire from Hollywood on Sept. 8.
"What Every Woman Knows," tomorrow morning's opener at the Capitol,
was reviewed by zvire from Hollywood on Oct. 4.
'Belle" Goes
To Cleveland
Top, $14,000
Cleveland, Oct. 24. — Business was
bove average, but a drop from the
last two weeks. Mae West, with
14,000 at the State, was the outstand-
ing box-office draw.
Caravan" at the Allen went $2,000
;jver average, grossing $5,000. "The
"..unt of Monte Cristo" at the Still-
pan, and its second week downtown,
lmost doubled the usual house aver-
age-
i Total first run business was $44,000.
\verage is $4 1,000.
Estimated takings for the week end-
ing Oct. 19:
"CARAVAN" (Fox)
ALLEN— (3,300). 20c-30c-40c. 7 days.
>oss: $5,000. (Average, $3,000)
"MADAME DuBARRY" (Warners)
WARNERS' HIPPODROME— (3.S00), 30c-
|3e-44c, 7 davs. Gross: $6,000. (Average,
k.OOO)
"KANSAS CITY PRINCESS" (Warners)
RKO PALACE— (3,100), 30c-40c-60c, 7
s. .Stage: Don Rodman and Band. Gross:
fli.OOO. (Average, with stage show, $18,000)
'BELLE OF THE NINETIES" (Para.)
LOEW'S STATE— (3,400), 30c-35c-44c, 7
days. Gross: $14,000. (Average, $10,000)
COUNT OF MONTE CRISTO" (U. A.)
LOEW'S STILLMAN— (1,900), 30c-3Sc-44c,
• days. Gross: $7,000. (Average, $4,000)
Baltimore to Have
3-Day Film Session
Baltimore, Oct. 24. — A three-day
film conference will be held here by
the Maryland Congress of Parents
and Teachers and the Baltimore dis-
trict of the Maryland Federation of
Women's Clubs, starting Monday.
The first day's session will be
opened by the Rt. Rev. Edward T.
Helfenstein, bishop of the Protestant
Episcopal Church of Maryland.
"What Everyone Wants to Know
About Motion Pictures" will be dis-
cussed, and the social, economic and
political aspects will be taken up.
Archbishop Michael Curley of Bal-
timore will give the invocation the
second day when national and inter-
national aspects of films will be up. A
talk on "Control of the Motion Pic-
ture" will close the conference on
Wednesday. The influence of films
on health, conduct and character of
children and government censorship
will be dealt with and Rabbi Morris
A. Lazaron will give the invocation.
The session will be conducted by
Mrs. Robbins Gilman, president of the
Federal M. P. Council and motion pic-
ture chairman of the National Con-
gress of Parents and Teachers.
Lutherans Request
Boycott for Films
Savannah, Oct. 24. — The United
Lutheran Church in America yester-
day moved to bring its membership to
boycott "indecent" pictures.
The move "challenged" church mem-
bers "to consider well that it is incon-
sistent with the ethics of Christian
life to patronize motion pictures por-
traying vileness ; that to attend such
pictures makes them accomplices in
this crime against the moral well-
being of the individual and social
order," and urged its constituents to
withhold their patronage "when they
have doubt as to the wholesomeness of
a picture or see or hear it indecently
advertised."
Atlantic City, Oct. 24. — The Prot-
estant Episcopal Church officially
joined the drive against immoral pic-
tures yesterday.
The triennial pastoral letter issued
by the House of Bishops and read at
the convention here said :
"The degeneration of the motion
picture industry has been such that it
has aroused righteous indignation of
all self-respecting people who have
demanded the right to decency."
Favors Film Study
In School Courses
Cincinnati, Oct. 24. — Teaching dis-
crimination in pictures in an effort to
instill in students a sense of film values
is as much an obligation of schools
as the teaching of the arts, sciences
and literature, declared Dr. Edgar
Dale, associate professor in the Col-
lege of Education, Ohio State Uni-
versity, in speaking before the Cin-
cinnati Better Film Council.
"Lack of proper recreational facili-
ties is responsible for the large attend-
ance of children at the movies. Pro-
viding these facilities will keep the
child away from objectionable films.
Meanwhile, conditions in the industry
can only be corrected by changing the
preference of the younger patrons in
their selection of pictures," he said.
"The time will come when pictures
for children under 12 will not be un-
der commercial sponsorship.
Bruen Again Heads
Allied of Northwest
Seattle, Oct. 24. — Hugh Bruen of
this city was re-elected president of
Allied Amusements of the Northwest
today at the 13th annual convention of
the organization at the Washington
Hotel here.
Arthur Bishel, Spokane, was named
first vice-president ; Leroy Johnson,
Seattle, second vice-president; Wil-
liam G. Ripley, Longview, third vice-
president ; while James Hone was re-
elected secretary-treasurer for the 11th
time in succession. Al Rosenberg and
John Danz of Seattle and H. T.
Moore of Tacoma were chosen trus-
tees for a term of three years.
The attendance at the convention
was the heaviest in the history of the
organization, which was reported to
have attained a strong financial posi-
tion.
75-Cent Col. Dividend
Columbia yesterday declared a 75-
cent preferred dividend payable Dec.
1 on stock of record Nov. 15.
"Barretts" Up
In Chicago on
$25,000 Gross
Chicago, Oct. 24. — The Loop re-
covered surprisingly from the previ-
ous week's dip. "The Barretts of
Wimpole Street" was a $25,000 smash
at United Artists, being over par by
$8,000.
Total first run business was $158,-
800. Average is $131,600.
Estimated takings :
Week Ending Oct. 15:
"CHAINED" (M-G-M)
ROOSEVELT— (1,591), 25c-35c-50c, 3rd
week (ends October 15), 7 days. Gross:
$11,000. (Average, $11,000)
Week Ending Oct. 18:
"HIDEOUT" (M-G-M)
CHICAGO— (4,000), 25c-35c-68c, 7 days.
Stage: Ina Ray Hutton, Frazee Sisters,
Nina Olivette, Murray & King. Gross:
$50,000. (Average, $34,600)
"WAGON WHEELS" (Para.)
GARRICK— (900), 25c-35c-40c, 7 days.
Gross: $5,000. (Average, $5,000)
"YOU BELONG TO ME" (Para.)
ORIENTAL— (3,940), 25c-40c, 7 days.
Stage: Muriel Page in Flame Dance, Kel-
lers & Lynch, others. Gross: $18,000. (Av-
erage, $15,000)
"GIFT OF GAB" (Univ.)
PALACE— (2,509), 25c-35c-50c, 7 days.
Stage: Veloz & Yolanda, Radio Rubes, Ar-
ren & Broderick and others. Gross: $25,000.
(Average, $22,000)
Week Ending Oct. 19:
"BARRETTS OF WIMPOLE STREET"
(M-G-M)
UNITED ARTISTS— (1,700), 30c-40c-60c, 7
days. Gross: $25,000. (Average, $17,000)
"MADAM DU BARRY" (Warners)
APOLLO— (1,400), 25c-35c-50c, 7 days.
Gross: $10,000. (Average, $12,000)
Week Ending Oct. 20:
"AMONG THE MISSING" (Col.)
STATE-LAKE— (2,776), 20c-25c-35c, 7
days. Stage: Gay Nineties revue and vaude-
ville. Gross: $14,500. (Average, $15,000)
Double Bills Spread
Downtown in Frisco
San Fra"ncisco, Oct. 24. — Market
St. is again experiencing the battle of
the double bills. Just when Fox West
Coast thought it had the situation all
to itself at the big Fox Theatre along
came F. & M. and announced double
bills at his Orpheum, following the
run of "One Night of Love."
This move has forced F. W. C. to
put double bills into the Paramount
and the policy will start one week
ahead of the Orpheum. This will put a
F. W. C. theatre on each side of the
Orpheum playing double bills of major
product. The Orpheum has Universal
and Columbia. The Paramount double
bill will be "A Lost Lady" and "Mrs.
Wiggs of the Cabbage Patch." The
California and Embassy, also F. W. C.
theatres on Market St., are using
double bills.
Duals, Triples Gain
In Wisconsin Spots
Milwaukee, Oct. 24. — While local
exhibitors are awaiting a clearance
schedule which they hope will put an
end to present cutthroat practices,
double features have been announced
for the Warner, starting Oct. 26, mak-
ing it the third first run on the avenue
to play duals.
With duals general throughout Mil-
waukee county and spreading rapidly
through the state, houses in various
spots are going to triple features, in-
cluding the Elite, local neighborhood
theatre operated by Bernhard Lassack.
6
MOTION PICTURE
DAILY
Thursday, October 25, 1934
It'll Be a Ball Game
(Continued from page 1)
nine. The story of their prowess penetrated into New York and
Westchester night club circles and the Hangovers got up before
noon one day to issue a challenge through John Carl Krindler.
Herbert Bayard Swope will play the role of Judge Landis for
the purpose of settling all disputes that the umpires can't handle.
The spectators will be picked up at various Manhattan points
Sunday morning. All the showgirls who can wind an alarm clock
will be in the cheering section. A 20-piece band will parade.
The Eagles will wear blue and white and the Hangovers red and
white.
The Eagles' lineup includes: George Antheil, Bugs Baer, George
McL. Baynes, John Beigano, Jim Barton, Frank Case, Jack Demp-
sey, Charles Ellis, Paul Gallico, Ben Hecht, Thomas H. Hitch-
cock, Jr., Walter Huston, Arthur Koenig, Bert Lahr, Gregory
LaCava, Ernst Lubitsch, Robert Maxwell, Charles MacArthur, Lee
Parcels, Dan Parker, Henry Varnum Poor, Robert Ripley, Billy
Rose, Harold Ross, Arthur Rosson, Damon Runyon, Jimmy Savo,
Sal Savo, Ed Sullivan, Robert E. Sherwood, James Thurber, Wal-
ter Winchell and Adolph Zukor.
The Hangovers' talent includes: Buddy Adler, Philip Amidown,
Harold Allen, Humphrey Bogart, Heywood Broun, Monte Brice,
Charles Burns, William Collier, Jr., Bill Corum, James Shaw
Coslove, Woolworth Donahue, Bradley Dresser, Charles Ferry,
Ben Finney, Erskine Gwynne, Francis T. Hunter, Julius Hall-
heimer, John Hemingway, John Randolph Hearst, William Ran-
dolph Hearst, Jr., Tom Johnson, Russell Johns, John Carl Krind-
ler, James Lewis, Robert LaBranche, "Prince" Mike Romanoff,
Dudley Field Malone, Willard McKay, John McCIain, Edmond
O'Brien, Edward J. Reeves, John Rumsey, Phil Reisman, Thomas
Shevlin, William Tilden, Ernest Truex, John Van Alstyne and
Cornelius Vanderbilt Whitney.
Distributors
Hit Clearance
Set on Prices
(Continued from page 1)
charging the same admission shall
have the same availability. The ob-
jections were made on the ground
that such a plan would create a print
shortage. Distributors pointed to the
Chicago situation where exchanges
have to borrow prints from nearby
offices to meet demands by subsequent
theatres charging the same admission
when an availability comes through.
It is understood that a recommenda-
tion will be made to Campi today
whereby provisions in the uniform
contract give theatres following first
runs 30 days in which to date.
All schedules heard by appeal com-
mittees have clauses governing clear-
ance by admissions and not one has
been approved by Campi.
Reports emanating from Kansas
City that a number of independents
objected to the schedule and would
ask for a delay in the hearing on the
schedule failed to materialize. Jay
Means, president of the I. T. O. ; Ed
Dubinsky, George S. Baker, L. J. Mc-
Carthy, A. Bare and M. Thompson
sent in letters and telegrams to Campi
insisting that the hearing go on and
that the plan be adopted. The only
objectors were M-G-M and Para-
mount, who were represented by
Saunders and Justin. No one from
Missouri was on hand.
Committee Is Stumped
One of the clauses which had the
appeal committee, consisting of Na-
than Yamins, Rube Jackter and Wil-
liam Yoost in a quandary was that
which stated subsequent runs would
have to wait from 35 to 42 days after
the last day of first runs. Another
was the clause whereby sdme houses
would have to wait from 28 to 35
days after preceding runs were
through with pictures.
John C. Flinn called Grace Gannon,
code secretary in Kansas City, on the
telephone and she interpreted the
clause as meaning that exhibitors
would have a minimum of 35 days and
a maximum of 45 after first runs, or
would lose clearance rights. The
same applied to other clauses where
a seven-day lapse was provided.
Campi today will get the Los An-
geles and Kansas City schedules for
approval. It is hoped that the for-
mer will be approved, so that it can
be put into effect immediately. Kan-
sas City exhibitors are not anxious to
have the new plan operative until
Dec. 1.
Code Binds, But Is
"Helpful"— Cohen
(Continued from page 11
recognized that there are things in
life which cannot be put on the
screen."
The production code, in Cohen's
opinion, has not resulted in any dimi-
nution of Mae West's box-office ap-
peal. "Miss West's personality is
greater than an outlawed theme or
gag. Her next picture, 'Now I'm a
Lady,' will be her best," he predicted.
Cohen observed that the Production
Code Administration in Hollywood has
been "very helpful" to producers.
Asked about his probable status in
the production picture after the reor-
ganization of Paramount Publix,
Cohen said that it would be decided
by the directorate of the new company,
adding that he likes the studio and
would prefer to continue there to com-
plete the job that is under way.
Cohen will be here another week or
two, looking at stage plays and check-
ing up on film performances. His cur-
rent trip is not occasioned by the im-
minent Paramount Publix reorganiza-
tion, he said. "That doesn't involve
me,'' he explained. "My job is to
make good pictures at the lowest pos-
sible cost."
Dine Advisory Group
Los Angeles, Oct. 24. — The Cen-
tral Casting Bureau will celebrate the
inaugural of its advisory council to-
morrow at a luncheon at which the
mayor will be the guest of honor.
The council, instituted by Campbell
MacCullough upon his succeeding
David Allen as head of Central Cast-
ing, consists of Mary Pickford, Dr.
Buckley, foreman of the local grand
jury; nine clergymen and a number
of leaders in the city's social and wel-
fare circles, the total membership not
exceeding 20.
At the luncheon, which will be held
in the board room of the local Hays
office, there will be discussed ways
and means of handling the problems
confronting the bureau.
Cincy Cases Postponed
Cincinnati, Oct. 24. — Two over-
buying cases, the Grand, Dayton, vs.
the Wayne, same city, and the New
Arcade, Newark, O., vs. the Audito-
rium, Grand and Midland, same city,
docketed for hearing by the local
grievance board yesterday, were post-
poned until Nov. 8, at request of the
respondents.
Furber Hits Rival
Move at Trans-Lux
(Continued from page 1)
stockholders calling their attention
to a circular received by them from
a "reorganization committee," which,
according to the bulletin, was designed
to forestall calling a stockholders'
annual meeting.
The bulletin points out that "no mem-
ber of this so-called 're-organization
committee' is a stockholder of record
in the company, and we believe all
are either directly or indirectly em-
ployed by or associated with Archie
M. Andrews."
The bulletin contends Andrews, a
director of the company in 1932, is
attempting to gain control by vir-
tue of a substitute merger agreement
between Trans-Lux and the News
Projection Corp.
Valentine at AMP A
Lewis J. Valentine, police commis-
sioner of New York City, will be the
guest of honor today at the Ampa
luncheon at the Motion Picture Club.
John W. Alicoate, publisher of The
Film Daily, will be guest chairman.
Other guests will include Ben Ber-
nie, Bert Lahr, Harry Hershfield,
Frank Fay, of the Federal Department
of Justice; A. J. Kobler, publisher of
the Daily Mirror; Helen Hayes, Bert
Lytell, Lois Moran, Lillian Gish, Ra-
quel Torres, Lila Lee and "Dizzy"
and "Daffy" Dean of the St. Louis
Cardinals.
Cohn, Hohlman Recover
Hollywood, Oct. 24. — Columbia's
sick list has been shortened by the re-
turn to the studio of Harry Cohn and
William S. Hohlman, studio manager.
Both were away from their desks sev-
eral days with colds. Fred Niblo, Jr.,
is still taking time off from scripting
"Unknown Woman" because of the
same malady.
Capital Sees
Acceptance of
New Cost Plan
(Continued from page 1)
from the big concerns, all of the lat-
ter will make a greater contribution
in real money, and, in addition, those
companies at the top, which will pay
$23,1XX) a year will again be assessed
for large sums under the exhibitor
schedule. The plan, he explained,
was the unanimous recommendation
of the finance committee composed of
Harold S. Bareford, Sidney R. Kent
and Edward Golden.
Further, it was pointed out. the com-
panies at the top, because of the
fact that they are large enough to
meet any contingency which arises,
will receive proportionately less bene-
fit under the code than the small con-
cerns. While the percentage contribu-
tion of the small companies will be
larger than that of the great com-
petitors, the total to be contributed
by the independents will be but $18,-
000 out of a total of 10 times that
much, instead of $30,000, as first con-
templated, although they do more than
10 per cent of the total business.
FitzPatrick to Do
Liszt Film in Color
(Continued from page 1)
will be all-Technicolor, FitzPatrick
using the three-color process.
FitzPatrick is producing eight
Technicolor Traveltalks for M-G-M
this season in addition to a color
short just completed, "Old Kentucky
Home." He has just returned from
the M-G-M studio and there is a
possibility that this company will dis-
tribute the feature. Recent Travel-
talks completed in color are "Ireland,
the Emerald Isle" and "Zion, the
Canyon of Color."
The feature is based on the life of
the Hungarian composer and Na-
thaniel Shilkret is now working on
the musical score. FitzPatrick is
working on the adaptation and plans
to leave for Hollywood in about a
month to start production.
Officials of Para, in
Reorganization Talk
(Continued from page 1)
reorganization. Representing the
studio were Emanuel Cohen, produc-
tion head, and Henry Herzbrun,
studio counsel. From the field were
N. L. Nathanson of Famous Players
Canadian, E. V. Richards of Saenger,
Karl Hoblitzelle of Texas and others.
Adolph Zukor and George Schaefer
headed the home contingent.
Contrary to reports, the session was
not a meeting of the Paramount Pub-
lix board of directors. That body
does not function while the company
is in bankruptcy.
Pick Lincoln Opener
Lincoln, Neb., Oct. 24. — Grace
Mtore's "One Night of Love" will
be the attraction for the opening week
of the remodeled Varsity theatre here.
The showplace, formerly the Rialto,
somewhat of an historic landmark in
the city, has been closed for several
weeks for remodeling. It will open
Friday.
A VARIETY
OF USEFUL
INFORMATION
FOR EVERY
SHOWMAN
IN ONE
HANDY
VOLUME
Office Memorandum
ROYALTON THEATRE
To: Mr. Hornstein
From: E M P
Call Smith tomorrow and get him to return my Motion
Picture Almanac. Got important campaign to lay-
out for next week and need it right away. Look up
biogs. of MacDonald and Chevalier for me when you
get it. Think with stars like that I can make that
overdue tieup with fashion dept. of Hall & Kimball
and he all set on Merry Widow when it gets here.
Chevalier is perfect name for that radio tieup
Stiller phoned me about yesterday. Send Almanac to
Reed, Evening Standard, on Monday. He wants to
look up coming product, titles and casts for
feature yarn on Saturday. See that we get a break
in it. Tell Goldberg he can have it about Wednes-
day. Wish these fellows would invest five bucks
and get it if they need it so badly. And don't
forget to have my file of Motion Picture Herald
on my desk early tomorrow morning. Checked off
some fine exploitation ideas in Mike Vogel's
department particularly that fellow's who got the
last Quigley Award. We can use some of his stunts
right here .
QUIGLEY PUBLICATIONS
1790 Broadway
New York City
the best time for LOVE!
WINTER was the time for love,
In Ye Happy Olden Days —
For the wind that howled above
Lovers had the highest praise.
BUNDLING came with winter's cold —
Warm as toast beneath the covers
Of the tester bed of old,
Were the happy olden lovers'
By center board they were divided,
BUNDLING while their hearts
entwined —
Lack of firewood so provided
For true love to seek its kind.
And when BUNDLING did its duty,
And the parson made them one —
Gallants then embraced their beauty,
Need for center board was done!
There is BUNDLING today at Radio City Music Hall in Paramount's
"THE PURSUIT OF HAPPINESS," starring FRANCIS LEDERER,
with Joan Bennett, Charlie Ruggles and Mary Boland. Directed by
Alexander Hall. Prints now available at all Paramount Exchanges.
Picture
Industry
MOTION PICTURE
DAILY
Alert,
Intelligent
Faithful
Semf|sf|w
the Industry
in All
Branches
OL. 36. NO. 99
NEW YORK, FRIDAY, OCTOBER 26, 1934
TEN CENTS
)ecide Local
Advisors on
Code Remain
4ain Board Determines
Plan Is Helpful
The three advisory clearance and
oning boards in New York stay, fol-
iwing a decision reached by the main
oard yesterday.
: For the past two weeks members
f the main board have been discuss-
ng the advisability of dropping the
econdary committees on the ground
lost of the work done by them was
waste of time. The main board
leld it has to hear the cases again
fter the advisory boards listen to
?stimony and that this constituted lost
lotion.
However, this theory was disposed
f in quick order yesterday when a
(Continued on page 7)
UPTOA for Federal
Move Against ASCAP
Not satisfied with the compromise
eached recently between the exhibi-
ors' emergency committee and A. S.
:. A. P., the M. P. T. O. A. will go
head with plans to support the gov-
rnment in its suit against the music
ociety, it was learned yesterday. Al-
ed already has gone on record dis-
pproving the compromise.
The M. P. T. O. A. stand is that it
5 against any tax increase and that if
he society can get away with the pres-
ent increase there is no telling what
.•ill come next. The agreement reached
ecently is regarded as tentative.
Says Sennett Wants
Walker in Pictures
London, Oct. 25.— That Mack Sen-
iett is interested in a move to put
ormer Mayor James J. Walker on
he screen is indicated by comments
1 "Tatler's" column of The Daily Film
tenter.
"Tatler" says Walker isn't "even a
lame in Great Britain," but says that
Bennett thinks Walker is "the biggest
Iraw in the world — that there is no
me in the states who hasn't heard of
lim, and who doesn't realize his
:lamour."
Century and Skouras
In 10-Year Compact
Century circuit's pool with Skouras
fheatres in Long Island, signed last
veek, is for 10 years, A. H. Schwartz
if Century stated yesterday. Exactly
(.Continued on page 8)
Actors Can Join A.F. of L.
OnlyViaUnion UnderEquity
Washington, Oct. 25. — Affiliation
of the Screen Actors' Guild with the
American Federation of Labor would
have to be accomplished by forming
a local union under Actors' Equity, it
was said today by A. F. of L. offi-
cials discussing the California situa-
tion.
Although it was said the Washing-
ton headquarters were not informed
of the latest developments and could
do nothing until application for affilia-
tion had been received, it was be-
lieved the guild could not be given an
individual charter in view of the or-
ganization's policy of incorporating
under one banner all members of a
(Continued on page 7)
Seattle Is Assured
Of Sunday Shows
Seattle, Oct. 25. — No Sunday clos-
ing of theatres will be attempted here,
declared Mayor Charles Smith yester-
day in addressing Allied Amusements
of the Northwest at the Washington
Motel. About 150 delegates were pres-
ent from Washington and Idaho.
Councilman James Scavatto advo-
cated the use of theatre screens by
exhibitor organizations to elect can-
didates friendly to the industry and
for protection of theatres against
rackets such as tango games and dog
races.
The convention closed with a ball
under the chairmanship of Robert
Murray.
GaumonVs Selling
Force Totals to 62
The Gauniont British sales staff
now totals 62 in various parts of the
country, Arthur Lee stated yesterday.
More will be put on in territories
where G-B is not yet represented with
its own selling force. George Weeks,
general sales manager, leaves for the
coast by plane next week to organ-
ize western sales staffs.
In New York G-B product is be-
ing sold on a picture-to-picture basis.
Recently the Skouras circuit signed
a deal for the entire list. This con-
tract was cancelled last week by G-B
and a new one signed yesterday.
Leonard Joins "U";
Grimm on Radio Job
Charles A. Leonard will succeed
Ben H. Grimm today as advertising
assistant to P. D. Cochrane at Uni-
versal.
Leonard has had a long experience
in agency and film advertising. In the
(Continued on page 8)
Merriam Ahead 7-1
Film circles are seven to
one against Upton Sinclair's
candidacy for the governor-
ship of California, according
to the Literary Digest's poll.
This is the proportion in fa-
vor of the Republican candi-
date, Governor Merriam, in
the publication's balloting.
The report from Beverly
Hills was: Merriam, 718; Sin-
clair, 110.
"Bank Night"
Men Look for
Code Change
Proponents of the "Bank Night" see
a reopening of the code and elimina-
tion of the clause declaring this prac-
tice illegal.
According to one promoter of the
idea, 200,000 letters have been sent to
President Roosevelt asking him to
take this clause out of the code.
"Where 'Bank Nights' are used," it
is held, "business has increased for
merchants, hotels and theatres. The
practice has given considerable em-
ployment to people."
The same proponent states that in
Montana, the practice has been held
(Continued on page 7)
MPTO Unit Demands
Congress Probe NRA
Pittsburgh, Oct. 25. — Resolutions
demanding a Congressional investiga-
tion of the NRA and a complete re-
writing of the film code before any
laws are passed extending the life of
the NRA were passed at the conven-
tion of the MPTO of Western Penn-
sylvania.
Another set of resolutions pledges
the unit to seek a revision of the copy-
right laws for the purpose of fore-
stalling new charges by the A. S.
C. A. P.
Air Race Reel Sent
By Radio to London
By BRUCE ALLAN
London, Oct. 25.— Gaumont British
claims to be the first company to send
a newsreel film by wireless. The film
(Continued on page 8)
Expect Equity
Compromise
On Guild Rule
Eddie Cantor, as Head,
Looking for This
A compromise proposal which will
preserve local autonomy for the
Screen Actors' Guild any yet permit
an alliance with Actors' Equity Ass'n
is seen as a probability by Eddie Can-
tor, guild president, who, however,
admitted yesterday that he is unin-
formed on the exact nature of the
affiliation agreement which will be
submitted to the Equity council next
Tuesday.
Equity headquarters here, likewise,
remained in the dark yesterday as to
the provisions of the agreement which
was approved by the guild's board of
governors in Hollywood on Tuesday
and which Frank Gillmore, Equity
president, is bringing with him to
New York. Gillmore, en route by
plane, had not arrived up to late yes-
terday, but is expected at his office
today.
Explaining that his radio work had
kept him in the east and that he had
lost touch with developments in the
(Continued on page 7)
Joyce to Continue
Para. Board Probe
Examinations of former and pres-
ent Paramount Publix officials being
conducted before Special Master John
E. Joyce in connection with the trus-
tees' action to recover up to $12,-
700,000 from former directors of the
company as a result of stock repur-
chase agreements from 1928 to 1932
will be continued in the hope of de-
veloping evidence for the trial itself,
it was learned yesterday.
About a dozen present and former
Paramount officials, and William S.
Paley of Columbia Broadcasting ;
George Trendle and John Kunsky of
Detroit, are subject to call by the
(Continued on page 8)
Agency Hearing Is
Put Over to Nov. 1
Washington, Oct. 25. — Postpone-
ment of the hearing on the agency
committee proposals from Oct. 31 to
Nov. 1 was announced today by
Deputy Administrator Sol A. Rosen-
blatt as he left Washington for Ne-
braska to take the stump in behalf
of Edward R. Burke, Democratic can-
didate for the Senate. Rosenblatt
will not return to Washington until
the beginning of next month.
MOTION PICTURE
DAILY
Friday, October 26, If
MOTION PICTURE
DAILY
(Registered U. S. Patent Office)
Vol. 36
October 26, 1934
No. 99
Maktin Quigley
Editor-in-Chief and Publisher
MAURICE KANN
Editor
JAMES A. CRON
Advertising Manager
£3
Published daily except Sunday and holi-
days by Motion Picture Daily, Inc., sub-
sidiary of Quigley Publications, Inc.,
Martin Quigley, President; Colvin Brown,
Vice-President and Treasurer.
Publication Office: 1790 Broadway, New
York. Telephone Circle 7-3100. Cable ad-
dress "Quigpubco, New York." All con-
tents copyrighted 1934 by Motion Picture
Daily, Inc. Address all correspondence to
the New York Office. Other Quigley pub-
lications: MOTION PICTURE HERALD
BETTER THEATRES, THE MOTION
PICTURE ALMANAC and THE CHI-
CAGOAN.
Hollywood Bureau: Postal Union Life
Building, Vine and Yucca Streets, Victor
M. Shapiro, Manager; Chicago Bureau: 407
South Dearborn Street, Edwin S. Clif-
ford, Manager; London Bureau: Remo
House, 310 Regent St., London, W. 1,
Bruce Allan, Representative. Cable address:
"Quigpubco, London"; Berlin Bureau:
Berlin-Tempelhof, Kaiserin-Augustastrasse
28, Joachim K. Rutenberg, Representative;
Paris Bureau: 19, Rue de la Cour-des-
Noues, Pierre Autre, Representative; Rome
Bureau: Viale Gorizia, Vittorio Malpassuti,
Representative; Sydney Bureau: 102 Sus-
sex Street, Cliff Holt, Representative; Mex-
ico City Bureau: Apartado 269, James
Lockhart, Representative; Glasgow Bureau:
86 Dundrennan Road, G. Holmes, Repre-
sentative; Budapest Bureau: 3, Kaplar-u,
Budapest, II, Endre Hevesi, Representa-
tive; Moscow Bureau: Civtzev Vrazhek, N
25, Apart. 146, Moscow, U. S. S. R., Bella
Kashin, Representative. Cable address:
Samrod, Moscow.
Entered as second class matter, January
4, 1926, at the Post Office at New York
City, N. Y., under Act of March 3, 1879.
Subscription rates per year; $6 in the
Americas, except Canada $15 and foreign
$12. Single copies: 10 cents.
"Innocence" Pulls
$85,000 in a Week
"Age of Innocence" at the Music
Hall tallied approximately $85,000 for
the week. "Little Friend" in its first
week at the Roxy led "Chu Chin
Chow" by $500, grossing $32,500 for
the stanza. The Criterion with "Man
of Aran," garnered $5,500 for the
first seven days at two-a-day. "Now
and Forever" in the last seven days
of a two-week run at the Paramount
took $28,000.
Albany Gets Vaudeville
Albany, Oct. 25. — Vaudeville re-
turns to Albany on Nov 2 when the
Harmanus Bleecker Hall will run acts
four days each week together with
pictures, but will hold to films only
the last three days.
Oscar J. Perrin will manage the
house, switching from the Palace,
where John Garry will take his place.
The latter formerly was at the Hall.
Howard Has Tonsilitis
London, Oct. 25. — Leslie Howard is
ill here with tonsilitis and will be con-
fined to his home for several days.
He is here on vacation from the
Warner studios in Hollywood
Hull and Louise on
Streamlined Train
Tim McCoy Back at Work
Hollywood, Oct. 25. — Tim McCoy
is back on the Columbia lot for the
start of a series of westerns, the
first of which will be "Burnt Ranch."
Henry Hull and Anita Louise were
the film representatives on the Union
Pacific's streamlined train which ar-
rived at Grand Central station yes-
terday morning.
Hull, who recently finished work in
"Great Expectations," will make a
personal appearance at the opening
of the picture in the Music Hall.
Until about Nov. 15 he will spend
most of his time at his summer home
at Lyme, Conn.
Miss Louise made a personal ap-
pearance last night at the Strand
and was interviewed over Station
WMCA by Sam Taylor later. She
will be here about a week.
Both players made broadcasts en
route during stops of the train and
were on the air over WJZ at the
welcoming ceremonies in the terminal.
Teperson Attorney
For IT OA and Union
Hearings in the suit of the Allied
M. P. Operators' Union for an in-
junction to prevent members of Local
306 from working in houses where
the Allied union has contracts have
brought an admission that Joseph A.
Teperson was counsel for both the
Independent Theatre Owners' Ass'n.
and Allied.
The testimony was designed to sup-
port the contention of Local 306 that
Allied was formed at the instigation
of the I. T. O. A.
Harry Brandt, one of the witnesses,
admitted that the 10-year contract
with Allied was the only one of its
kind with a union. The case is being
heard by Referee Robert McC.
Marsh.
Laughton Withdraws
From "CopperHeld"
Hollywood, Oct. 25. — After work-
ing two days in the role of Macawber
in "David Copperfield." Charles
Laughton, feeling the part inadequate
for him, asked for and gained his re-
lease from David Selznick. This en-
tailed no delay in production or ex-
pense other than pay Laughton for the
time loaned. He returns to Paramount
where he is under contract, and it is
expected that W. C. Fields, from the
same studio, will be substituted for
him.
With Regrets
Providence box-office re-
port, published in Motion
Picture Daily on Oct. 19, in-
advertently credited "Once to
Every Bachelor," which did
$8,100 as against an average
of $7,000 at the RKO Albee,
to Mascot and "Cheaters,"
which grossed $200 over the
RKO Victory's normal of $1,-
000 to Columbia.
Both of these pictures were
produced by Liberty.
Child Shows Exempt
In Phila. Boycott
Philadelphia, Oct. 25. — What ex-
hibitors are hoping is to be the first
sign of loosening up of the stiff Cath-
olic boycott, is the exemption of the
Junior Cinema Guild's productions for
children from the church ban by Car-
dinal Dougherty.
Under the joint auspices of the
Junior Cinema Guild and the Junior
League of Philadelphia. Saturday pro-
grams are run off every week, to be-
gin this season on Nov. 3, at the Penn
Athletic Club. Selected features alter-
nate with all-cartoon programs.
Cardinal Dougherty told the group:
"You may advertise that movies
such as yours presented at the Penn
Athletic Club are not included in the
Catholic boycott and that our children
will be permitted to attend these
films."
Gunmen Rob Maloy9 s
Indiana Residence
Chicago, Oct. 25. — Five gunmen,
after kidnapping a deputy sheriff
whom they used to gain entrance into
Tom Maloy's home at Long Beach, a
suburb of Michigan City, Ind., looted
the house of $50,000 in cash and $13,-
000 in jewels.
Maloy, head of the operators' union,
was away at the time. The intruders
were admitted by Airs. Effie Gascoign.
cousin of Mrs. Maloy. They were
especially rough in their treatment of
Mrs. Maloy, the police say.
Maloy is under Federal investigation
on a charge of income tax evasion. He
recently made the headlines when Fred
Oser, an operator, was shot in the
union headquarters. Ralph O'Hara, a
Maloy lieutenant, was acquitted on
grounds of self-defense.
Loew's Off iy2 on Big Board
High Low Close
Columbia Pictures, vtc 36% 35 3554
Consolidated Film Industries 3lA 3]4 3%
Consolidated Film Industries, pfd 1534 1554 15?4
Eastman Kodak 10644 106 106
Eastman Kodak, pfd 143 142^1 143
Fox Film "A" 12*6 12*6 1244
Loew's, Inc 31*6 29 29
Paramount Publix 4?4 4 4
Pathe Exchange Wi VA
Pathe Exchange "A" 13VS 13% \3V?
Warner Bros Wt Mi Mi
Technicolor Off Vs on Curb
Net
Change
- %
+ >A
—2
+1
+ Vi
—VA
- Vi
Technicolor
Net
High Low Close Change
13 1244 12** — M
Paramount Bfway Bonds Drop 2
High Low
General Theatre Equipment 6s '40 7
Keith B. F. 6s '46 62% 62
Loew's 6s '41, ww deb rights 103ZA 102>g
Paramount Broadwav 5^s '51 42 42
Paramount F. L. 6s '47 57% 56%
Paramount Publix 5%s '50 57}4 57
Warner Bros. 6s '39, wd 585^ 58
Net
Close Change
7"
62VS
103^
42
5654
57
58
+ *A
+ M
—2
-U
+ V*
Sales
800
800
800
2.000
18.000
1.900
9.800
3.400
700
200
5.100
Sales
1,200
Sales
3
4
2
5
1
13
11
< Purely
Personal i
DAVE DAVIDSON has bet1
named advertising and publicr
director of Majestic by E. H. Goi.
stein, vice-president. Davidson \:
been with Kunsky Theatres, Detro
and B. & K. in Chicago.
Chris Buckley, Albany first ri
operator, goes to New Haven evei
week-end to see Chris, Jr., husl
offspring and fullback on the Ya
gridiron team.
Parker Morell, author of "Di
mond Jim," has been signed by Ur
versal to do the screen adaptatio
He will leave for the coast Satu
day.
Julius Aussenberg, former Berl
manager for Fox Film, and now
resident of Prague, Czechoslovakia,
stopping at the Edison Hotel.
Ernst Lubitsch has changed h
mind about going west Sunday at
now doesn't intend to leave befo
Monday or Tuesday.
George Gerhard has finished ;
original, tentatively titled "A Prin
for Sale." Paramount is conside
ing it.
Anatole France's "The Crime
Sylvestre Bonard" has been bought 1
Radio. Anne Shirley will be in
Robert Harris and James Mu
hauser have sold their operetta, "Sii
Me a Love Song," to Universal.
Budd Rogers leaves next week
a tour of Liberty franchise holde
in the field.
Jack Lewis, assistant to Josei
I. Breen, arrived yesterday frc
Hollywood.
Mark Sandrich has been invited
address the drama class at N. Y.
Donald Novis will head the sta
show at the Capitol starting today
Sol Kravitz is now booker
Gaumont British in New York.
Budd Barsky has gone back to t
coast.
Paramount Men Leavi
George J. Schaefer. vice-preside
and general manager, headed the 1
cal delegation of Paramount m
headed for a three-day conference
district managers at Hot Springs, A
The sessions open today. Neil Asrne
Robert F. Gillham and G. B. J. Fra
ley were among the New York cc
tingent.
Crew Back from Soutf
A camera crew sent to Chariest'
S. C. by W. A. Bach, head of Auc
Prod., to do scenes for "Liebestraun
one of the "Musical Moods" series, \
returned. The Middleton and Magr
lia gardens outside of Charleston ?
included among the scenes.
Senators Ask to See Fit
Washington, Oct. 25. — "Dealers
Death." the film expose of the mu!
tions racket, has been called by a sj
cial committee of the Senate for
special preview. The screening w
take place next week.
Closing for Alterations
Dr. Leon Greenfield will close t
Boro Hall, Brooklyn. Sunday nis
for five weeks, during which altei
tions will be made.
HER LOVELINESS WILL WEAVE ITS SPELL!
Audiences can never forget
her beauty. . .nor forgive her
enemies... when with appeal-
ing eyes she begs to rejoin
her people... when her in-
nocence betrays her to the
dark schemes of ruthless
men. You and your
customers will discover for
yourselves her amazing
personality. .. in this drama
taut with suspense!
SPENCER TRACY • KETTI GALLIAN
NED SPARKS ♦ HELEN MORGAN
SIEGFRIED RUM ANN
LESLIE FENTON • ARTHUR BYRON
JAY C. FLIPPEN & STEPIN FETCHIT
DANGER SPOT
OF THE WORLD
0i
Produced by Winfield Sheehan • Directed by Henry King
Screen play by Reginald Berkeley • Based on a novel by Jacques Deval
The Canal Zone . . . strategic center
of international intrigue . . . seething
with spies . . . land of mysteri-
ous disappearances . . . and unex-
plained deaths . . . grim stage for
this fascinating drama.
WRUBEL SONG HITS - AND FRANK BORZAGE'S
BROS.' MILITARY MUSICAL- FLIRTATION WALK-
THOUSANDS OF OTHERS-SELECTED BY THE NATIOI
-SHUN! HERE COMES THE ARMY- AND AMERICA'S
i'EETHEARTS- AND THE WHOLE WEST POINT CADET
0 SPECTACULAR BOBBY CONNOLLY DANCE NUM-
HUNDREDS OF GIRLS- AND FOUR NEW DIXON AND
BRILLIANT PRODUCTION EFFECTS - IN WARNER
DICK POWELL, RUBY KEELER, PAT O'BRIEN-AND
EY BOOKERS AS AMERICA'S THANKSGIVING SHOW
MOTION PICTURE
DAILY
Friday, October 26, 193
"Forever" Is
Washington's
Bet, $22,000
Washington, Oct. 25. — "Now and
Forever" proved the strongest dra\v
of the week here, knocking down $22,-
000, over par by $4,400, at the Earle.
A vaudeville bill headed by the Kitaros
Trio helped.
"The Cat's Paw" came in for second
comparative honors by running over
the profit line $2,500 for a total of
$23,000 at Loew's Fox. Three houses
were on second weeks or return en-
gagements, but in spite of this busi-
ness held up to $79,700.
"The Barretts of Wimpole Street,"
playing Loew's Columbia after an
earlier 14-day run at Loew's Palace,
took $8,000. "One Night of Love"
grossed $4,500 in two days and a sin-
gle show the night before. The first
part of the week (4^ days) was held
by "Belle of the Nineties," which drew
$3,200. The picture is in the Warner
No. 2 house for an indefinite run,
which is expected to stretch into four
full weeks.
Loew's Palace, in the second week
of "Cleopatra," was weak at $6,000.
"The Age of Innocence" was worth
$13,000 to RKO-Keith's.
Estimated takings, exclusive of tax,
for the week ending Oct. 18:
"NOW AND FOREVER" (Para.)
EARLE— (2,218), 25c-77c, 7 days. Stage:
Kitaros Trio, Irene Beasley, Barney Grant
& Hillbillies, Virginia Bacon & Co. Gross:
$22,000. (Average, $17,600)
"THE BARRETTS OF WIMPOLE
STREET" (M-G-M)
LOEW'S COLUMBIA— (1,264), 25c-40c, 7
days (return engagement). Gross: $8,000.
(Average, $3,100)
"THE CAT'S PAW" (Fox)
LOEW'S FOX— (3,434), 25c-66c, 7 days.
Stage: Ed Lowry, George Sidney, Eleanor
Powell, Lillian Dawson, Florence & Alva-
rez. Gross: $23,000. (Average, $20,500)
"CLEOPATRA" (Para.)
LOEW'S PALACE— (2,370), 35c-77c, 7
days, 2nd week. Gross: $6,000. (Average,
$14,500)
"BELLE OF THE NINETIES" (Para.)
METROPOLITAN— (1,591), 25c-40c, 454
days (extended run, second week). Gross:
$3,200. (Average, full week, $4,100)
"ONE NIGHT OF LOVE" (Col.)
METROPOLITAN— Two days' return en-
gagement, plus special opening show, to
complete week of above. Gross: $4,500.
(Average, full week, $4,100)
"THE AGE OF INNOCENCE" (Radio)
RKO-KEITH'S— (1,836), 25c-55c, 7 days.
Gross: $13,000. (Average, $11,400)
"Wimpole" Big in
Montreal, $12,500
Montreal, Oct. 25. — The Palace
and Loew's ran neck and neck for
popular favor. "The Barretts of Wim-
pole Street," with Norma Shearer in
the lead, Norma being a Montreal
daughter, brought a healthy $12,500 to
the Palace.
At Loew's, the same gross was reg-
istered with "Have a Heart" on the
screen and Arthur Tracy on the stage
along with six acts of vaudeville. "The
Richest Girl in the World" gave
$9,500 to the Capitol. Third week of
"One Night of Love" at the Princess
was good for $4,500, the total run be-
ing worth §20,500.
Total first run was $39,000. Aver-
age is $37,000.
Estimated takings for the week end-
ing Oct. 20 :
"THE RICHEST GIRL IN THE
WORLD" (Radio)
(Continued on page 8)
'Barretts" Up
To $43,700 in
Its 3rd Week
In its third week at the Capitol
"The Barretts of Wimpole Street"
was still Broadway's outstanding at-
traction. The take was $43,700,
enough to warrant a fourth week,
which is claimed to be the first sound
picture ever to be held that long in
this spot. Only one silent film, "Flesh
and the Devil," stayed that long.
"Judge Priest" was big at the Music
Hall, but not sensational. The gross
was $77,000.
There were two other holdovers,
"Count of Monte Cristo" at the Rivoli,
with a gross of §18,000 for its third
week, and "Peck's Bad Boy," with a
take of §25,850 at the Roxy on its
second week.
Estimated takings :
Week Ending Oct. 16:
"COUNT OF MONTE CRISTO" (U. A.)
RIVOLI— (2,300), 40c-99c, 3rd week, 7
days. Gross: $18,000.
Week Ending Oct. 17:
"THE MERRY WIDOW" (M-G-M)
ASTOR— (1,012), 55c-$2.20, 7 days. Gross:
$18,957.
"WAKE UP AND DREAM" (Univ.)
MAYFAIR — (2,300), 35s-65c, 7 days.
Gross: $13,000.
"JUDGE PRIEST" (Fox)
RADIO CITY MUSIC HALL— (5.945),
35c-$1.65, 7 days. Stage show. Gross:
$77,000.
Week Ending Oct. 18:
"BARRETTS OF WIMPOLE STREET"
(M-G-M)
CAPITOL— (4,700), 35c-$1.65. 3rd week, 7
days. Stage show. Gross: $43,700.
"CHU CHIN CHOW" (Gaumont-British)
PALACE— (2.500). 25c-75c. 7 days. Vaude-
ville. Gross: $10,000.
"NOW AND FOREVER" (Para.)
PARAMOUNT— (3,700). 35c-99c, 7 days.
Gross: $43,000.
"PECK'S BAD BOY" (Fox)
ROXY— (6,200). 25c-55c. 2nd week, 7 days.
Stage show. Gross: $25,850.
"HAPPINESS AHEAD" (Warners)
STRAND— (2.000), 25c-55c, 7 davs. Gross:
$21,500.
Week Ending Oct. 23:
"CASE OF THE HOWLING DOG"
(Warners)
RIALTO— (2,300), 2Ec-65c, 7 days. Gross:
$14,000.
"Fix It" and Show
Oklahoma City Top
Oklahoma City, Oct. ,'25. — "I'll
Fix It," combined with a stage show
for the first four days of the week at
the Liberty, pulled $2,600. over par
for a week by §600. "The Human
Side," for three days, garnered $600.
It was a dull week for the other first,
runs, with "The Fountain," "Six-Day
Bike Rider" and "Student Tour," all
being under normal.
Total first run business was $11,900.
Average is $13,500.
Estimated takings for the week end-
ing Oct. 20:
"THE FOUNTAIN" (Radio)
CRITERION— (1.700). 10c-20c-36c-41c-56c. 7
days. Gross: $3,900. (Average, $5,000)
"SIX-DAY BIKE RIDER" (F. N.)
MIDWEST— (1,500). 10c-26c-36c-56c, 7
days. Gross: $3,000. (Average, $4,000)
"STUDENT TOUR" (M-G-M)
CAPITOL— (1,200), 10c-20c-26c-36c-41c, 7
days. Gross: $1,800. (Average, $2,500)
"I'LL FIX IT" (Col.)
LIBERTY— (1,500), 10c-15c-26c-36c. 4 days.
"Sunkist Vanities" on stage. Gross: $2,600.
(Average week, $2,000)
"HUMAN SIDE" (Univ.)
LIBERTY— (1,500), 10c-15c-26c-36c, 3
days. Gross: $600. (Average week, $2,000)
Wrong Leg of Wood
Hollywood, Oct. 25.— Re-
cently, several months after
the picture had been re-
leased, some one at M-G-M
made this discovery. After a
year's research on the pic-
ture, Wally Beery, playing
Long John Silver in "Treas-
ure Island," appeared with
the wrong leg off!
Arliss $12,300
Providence Draw
Providence, Oct. 25. — High gross
for the week was scored by George
Arliss in "The Last Gentleman" which
brought in $12,300 at Loew's State,
$300 over par. Vaudefilm programs
held up well, both the RKO Albee and
Fay's beating their average takes by
more than $1,000.
"Cleopatra" had a strong week at
the Strand, catching $7,200, and the
Majestic came under the wire to tie
the average figure at $7,000 with
"Madame Du Barry" and "The Cur-
tain Falls."
Total first run business was $44,600.
Average is $40,500.
Estimated takings for the week end-
ing Oct. 18:
"CLEOPATRA" (Para.)
"TRAGEDY OF MT. EVEREST"
STRAND— (2,300), 15c-40c, 7 days. Gross:
$7,200. (Average, $6,500)
"MADAME DU BARRY" (Warners)
"THE CURTAIN FALLS" (Radio)
MAJESTIC— (2,400). 15c-40c, 7 days. Gross:
$7,000. (Average, $7,000)
"THE DUDE RANGER" (Fox)
FAY'S — (1,600), 15c-40c, 7 days. Stage:
"Words and Music. Inc," revue. Gross:
$8,200. (Average, $7,000)
"GIFT OF GAB" (Univ.)
RKO ALBEE— (2,300), 15c-40c. 7 days.
Stage: "Pace Makers of 1934." Gross:
$8,800. (Average, $7,000)
"THE LAST GENTLEMAN" (U. A.)
LOEW'S STATE— (3,800), 15c-40c, 7 days.
Gross: $12,300. (Average. $12,000)
"I'LL FIX IT" (Col.)
RKO VICTORY— (1,600), 10c-25c, short
subjects. Gross: $1,100. (Average, $1,000)
Accounting Ordered
In a Tri -Ergon Case
Scranton. Pa., Oct. 25. — A master
to ascertain an accounting of the
profits, gains and benefits which have
accrued to Wilmer and Vincent and
Altoona Publix Theatres by reason of
their alleged infringement of the pat-
ents of the American Tri-Ergon Corp.
will be appointed shortly by Judge
Albert W. Johnson, the jurist has
announced after a meeting with coun-
sel for both sides. The order ap-
pointing a master will embody Judge
Johnson's formal decree ending the
The Pennsylvania case adjudicated
is one of two which the U. S. Su-
preme Court refused to review ear-
lier this month, the action resulting
in a deluge of lawsuits by American
Tri-Ergon in New York, Brooklyn
and Wilmington.
The _ Pennsylvania case — a suit for
an injunction and an accounting —
was filed in 1932 at Harrisburg and
was tried before Judge Albert W.
Johnson at Scranton. The defendants
were charged with violating the so-
called flywheel patent controlled by
Tri-Ergon. a Fox company in which
he owns 90 per cent of the stock.
The defendants contended the pat-
"Mrs. Wiggs"
Twin Cities'
High Grosser
Minneapolis, Oct. 25. — "Mrs.
Wiggs of the Cabbage Patch" demon-
strated strength on both sides of the
river last week. It ran over par bv
$1,000 here on a $6,500 gross at the
State and took the same amount with
the same overage at the St. Paul
Paramount.
"Barretts of Wimpole Street" was
still an outstanding draw in its second
week, going to $6,500, up by $1,500 at
the Century. "Girl of the Limberlosf"
was another strong attraction. It
grabbed $3,500 at the 300-seat Time.
Total first run business in Minne-
apolis was $26,700. Average is $21,-
000. Total first run business in St.
Paul was $18,500. Average is
$16,000.
Estimated takings :
Minneapolis:
Week Ending Oct. 18:
"THE BARRETTS OF WIMPOLE
STREET" (M-G-M)
CENTURY— (1.000), 35c-55c, 2nd week, 7
days. Gross: $6,500. (Average. $4,000)
"CHARLIE CHAN IN LONDON" (Fox)
LYRIC— (1.000), 20c-25, 7 days. Gross:
$1,700. (Average, $1,500)
Week Ending Oct. 19:
"THE GAY DIVORCEE" (Radio)
RKO ORPHEUM— (2,900), 25c-50c, 7 davs.
Gross: $5,500. (Average, $5,500)
"MRS. WIGGS OF THE CABBAGE
PATCH" (Para.)
STATE— (2.300). 25c-40c, 7 days. Gross:
$6,500. (Average. $5,500)
"GIRL OF THE LIMBERLOST' (Mono.)
TIME— (300), 25c-35c, 7 days. Gross:
$3,500. (Average. $2,500)
"CASH" (Mundus)
WORLD— (400). 25c-75c, 7 days. Gross:
$3,000. (Average, $2,500)
St. Paul:
Week Ending Oct. 18:
"MRS. WIGGS OF THE CABBAGE
PATCH" (Para.)
PARAMOUNT— (2.300), 25c-40c, 7 days.
Gross: $6,500. (Average, $5,500)
"BIG HEARTED HERBERT" (Warners)
RIVIERA— (1,200), 25c-40c, 7 days. Gross:
$3,500. (Average, $3,500)
"WAKE UP AND DREAM" (Univ.)
RKO ORPHEUM— (2,000), 25c-40c, 7 davs.
Gross: $4,000. (Average. $4,000)
"HAVE A HEART" (M-G-M)
TOWER— (1,000), 15c-25c, 7 days. Gross:
$1,500. (Average, $1,500)
"THE LITTLE DAMOSEL" (Principal)
WORLD— (300), 25c-75c, 7 days. "The
Drunkard." stage play. Gross: $3,000. (Av-
erage, $2,000)
Collier to Baltimore
Washington, Oct. 25. — Rodney
Collier. managing director of the
recently closed Universal-operated
Rialto, has been named manager of the
Stanley, Baltimore, by John J. Pay-
ette, general zone manager of Warners'
theatres here.
Walter M. Morris, Stanley man-
ager, is being transferred to the home
office in New York.
ents were invalid and lost in the
district court. They also lost their
appeal to the U. S. Circuit Court of
Appeals. It was the refusal of the
Supreme Court to review this appeal
which established the validity of the
patents by indirection.
Immediately following the Supreme
Court move, Ward, Crosby & Neal.
Fox attorneys, submitted a form of
injunction to Judge Johnson, and it
was this injunction which was signed
by him. Its immediate effect is to
force the defendants to stop using
the patents or reach some kind of an
agreement with Fox.
:riday, October 26, 1934
MOTION PICTURE
DAILY
Decide Local
Advisors on
Code Remain
(Continued from page 1)
ecommendation of the New Jersey
*oard came up for decision. The lower
ooard, it was found, held four differ-
ent sessions before it arrived at an
mswer. The main board took about
me hour to hand down its opinion
md was glad that the advisory board
istened to most of the case.
The decision made was in favor
if Leon Rosenblatt of the Maplewood,
^aplewood, who asked for a reduc-
ion in the present clearance now en-
oyed by Warners' Milburn, Milburn,
Lnd Cameo, South Orange. The board
:ut the 14 days to seven.
Convinced that elimination of the
Long Island, New Jersey and Man-
nattan advisory committees would
nean a plethora of work for the main
poard, the idea is now dead. It had
oeen planned that, if the three boards
.vere dropped, litigants would be given
15 minutes to present their cases and
give testimony. This was found to be
nexpedient.
New Buying Charge
Against Reade Made
Another overbuying complaint
against Walter Reade has been filed
.vith the New York grievance board,
this time by the Liberty, Freehold, N.
L against the Strand, same city, U.
A., Columbia, Fox, M-G-M, Vita-
graph and Paramount.
This case is slated for hearing next
Tuesday in addition to two other im-
portant issues, one being on forcing
of shorts and another on charges of
fraudulent transfer of a theatre.
Ben Roman, president of Renais-
sance Photoplay Corp., filed the forc-
ing of shorts complaint against Vita-
eraph. The Rennaissance Theatre is
involved. On the illegal transfer case,
plaintiffs are Paramount, Columbia,
Radio, Majestic and First Division
against DeLuxe Amusement Co., and
Morris and Ralph Feldman involving
the DeLuxe, South Orange, N. J.
Today a Campi appeal committee
will hear witnesses testify for the
Mona Theatre Corp., Glad Amuse-
ment Co., Abraham Drojin. John
Gladstone and Henry Liman. The
grievance board handed down a unani-
mous decision against them in the com-
plaint of M-G-M, Columbia, Para-
mount, Big "U," Majestic, and War-
ners involving transfer of the Rialto,
Whitestone, L. I.
Last week Reade lost an overbuying
decision to Aaron Shusterman in Perth
Amboy and Red Bank. Shusterman
was given 138 pictures for both houses.
Reade is appealing.
Actors Can Join A.F. of L.
Only Via Union UnderEquity
"Bank Night"
Men Look for
Code Change
(Continued from page 1)
legal by the state. In other states
"Bank Nights" have been held to be
within the law, he said.
In every one of the appeals and cer-
tifications on "Bank Nights" or "Race
Nights," Campi has decided it a form
of lottery and a violation of the code.
The opinion of Code Authority is that
it reduced admissions illegally through
distribution of money or prizes. The
cut in admission prices, while not
evident at the box-office, is neverthe-
less a fact, Campi holds, in that a
man who wins $10 via the "Bank
Night" idea is actually getting his ad-
mission gratis in addition to the dif-
ference between his box-office tariff
and the prize money.
Radio to Sign Pons
Hollywood. Oct. 25. — Lily Pons
will sign a contract to sing in Radio
nictures, according to studio officials.
The French operatic star was re-
cently forced to cancel a concert tour
because of illness.
L-M Get Bronx Crescent
Leff-Meyers circuit yesterday closed
: for the Crescent, Bronx, with Haring
■ & Blumenthal. This makes 10 for
the group.
Stamford Clearance
Is Set at 49 Days
New Haven, Oct. 25. — Under the
terms of an amendment to the clear-
ance schedule just adopted a new the-
atre or a reopened theatre must notify
the clearance board so that a meet-
ing of interested parties can be held
for the purpose of deciding in what
zone the house will be placed. This
will not prevent the exhibitor from
buying any run he is able, or which a
distributor is willing to sell.
In a clearance complaint brought by
the State, Springdale. Conn., against
the Strand, Palace and Stamford The-
atres at Stamford, the board has de-
cided that Stamford houses are enti-
tled to 49 days' clearance over the
Springdale houses.
Four Ad Complaints
Settled in Albany
Albany, Oct. 25. — Four defendants
in premature advertising complaints
filed before the local grievance board
have been ordered to end the practice.
The cases were : Schine's Colonia,
Norwich, N. Y., vs. Smalley's Sidney,
Sidney, N. Y. ; Schine's Oneonta The-
atres, Oneonta, N. Y., vs. Smalley's
Cooperstown Theatre, Cooperstown, N.
Y. ; Schine's Oneonta Theatres, vs.
Smalley's Delhi, Delhi, N. Y. ;
Schine's Glove, Gloversville, N. Y., vs.
Smalley's Johnstown Theatres, Johns-
town, N. Y.
Sheehan Starts Nov. 10
Hollywood, Oct. 25. — "One More
Spring," Winfield Sheehan's first since
his return from Europe, is slated for
production Nov. 10. The cast includes
Janet Gaynor, Warner Baxter and
Henry B. Walthall.
Editing 26 Vitaphones
Vitaphone reports 26 shorts are be-
ing edited for early release. Nine two-
reelers and 17 one-reelers make up the
total.
(Continued from page 1)
given industry. The method by which
the guild could affiliate with Equity
would be fixed by the latter and its
attitude has not been disclosed.
The threat of the guild to go with
Equity is viewed in Washington as
having grave possibilities of trouble
in view of the pronounced determina-
tion of the producers for some years
not to deal with Equity. It is pointed
out that all five actor members of
the actor-producer committee which
broke up in a row last week are guild
members, apparently having been se-
lected by Division Administrator Ro-
senblatt with a view to the producers'
attitude.
By joining Equity, screen actors can
invoke the collective bargaining pro-
visions of the Industrial Recovery Act
and force a showdown as to whether
Equity is to have a say in the produ-
cers' relations with their employes.
At the same time, it will be up to the
producers to determine whether they
can continue to adhere to their pol-
icy of barring Equity from participa-
tion in bargaining negotiations.
At present, it is said, Frank Gill-
more has the whip hand in the situa-
tion, and if the guild is absorbed by
Equity, Equity will be the big figure
in actor-producer relations.
The report of the producer-actor
committee has been forwarded to
Washington with an explanation that
there is a five-five division, it was
learned today. While no information
regarding the matter was available
here, it is considered probable that in
view of the split among the members
of the committee it will be necessary
to have hearings on the proposal.
Philadelphia Dual
Case Is Up Nov. 12
Philadelphia, Oct. 25. — The double
feature case launched by Harry
Pereleman, local exhibitor, in the Fed-
eral Court several months ago, will
come up for hearing again on Nov. 12,
this time with Pereleman asking a
permanent injunction against six ma-
jor distributing companies to prevent
them from exercising the "no double
features" clause in their contracts.
Pereleman, with B. M. Golder as
his attorney, asked a temporary injunc-
tion some months ago, which was re-
fused at the time by the court with the
expression that the case had too many
ramifications to be so dismissed and
that it should be heard later in detail.
Expect Equity
Compromise
On Guild Rule
(Continued from page 1)
guild's latest overtures for an A. F.
of L. affiliation, Cantor was unaware,
even, on his return from Bridgeport,
Conn., yesterday, that the guild board
had approved the Equity affiliation
proposal last Tuesday.
"I have always felt," Cantor said,
"that the guild eventually would have
to become an A. F. of L. affiliate. The
producers are, and have been, forcing
actors to join a union. They are
forcing them to make demands, rather
than requests.
"As to the present agreement be-
tween the guild and Equity, I as-
sume," Cantor said, "that it will rep-
resent compromises on the part of
each. This is a case where they will
have to meet each other half way
before there can be an agreement."
Hold Concessions Necessary
At Equity headquarters it was con-
ceded, likewise, that concessions would
probably have to be made by both
sides before a final agreement could be
reached. It was made plain that, while
Equity does not and cannot issue an
A. F. of L. charter, the guild could
not become an A. F. of L. affiliate
without Equity's approval, as the lat-
ter holds the exclusive charter for the
entertainment field. Likewise, it was
stated, guild members need not be-
come Equity members in order to con-
summate an affiliation. The guild
could be chartered as a local of
Equity's, having the authority to act
for itself in all local matters but sub-
ject to the supervision of Equity on
national questions and overlapping
screen and stage affairs.
At least seven of the 52 members
of Equity's council now are believed
here to be members of the guild.
These are Eddie Cantor, George Ar-
liss, Frank Morgan, Ralph Morgan,
Otto Kruger, Beulah Bondi and Helen
Broderick. The Equity council will
pass on the guild's affiliation agree-
ment next Tuesday and, if approved,
the agreement may be submitted to a
general meeting of Equity members
later, this at the council's discretion.
The guild membership will vote on the
agreement at its next regular meeting.
Valentine Is a Big
Draw at Ampa Lunch
Police Commissioner Lewis J. Val-
entine headed the guest lineup at the
A. M. P. A. yesterday in one of the
biggest turnouts on record. John W.
Alicoate was toastmaster. Other
guests included Bert Lytell, Raquel
Torres, Carl Milliken, Major Edward
Bowes, A. J. Kobler, Louis Nizer, C.
C. Moskowitz, Kate Fair, Hank
Greenberg, first baseman on the De-
troit baseball team, Lois Moran,
David Rubinoff, Louise Henry, Eddie
Garr, Harry Hershfield and Mitchell
and Durant.
Next week Bowes will be guest
chairman.
Universal Gets Series
Universal has purchased the "Going
Places" series of short subjects from
Arcturus Pictures Corp. Lowell
Thomas is doing the narrating for the
scenes, many of which were shot by
F. Herrick Herrick in Europe.
The most brilliant Soviet film since
"ROAD TO LIFE"
DOSTOYEVSKI'S
"PETERSBURG NIGHTS"
"Eloquent and stirring."
N.Y. HERALD-TRIBUNE
"Magnificent cinematic achievement."
N.Y. WORLD-TELEGRAM
"Presented in best Soviet tradition."
NEW YORK TIMES
Just ended a six week first run in New York
Distributed by
AMKINO CORPORATION
BR. 9-7680
723 7th Avenue
N. Y. City
MOTION PICTURE
DAILY
MOTION PICTURE DAILY*
HOLLYWOOD PREVIEW
"Broadway Bill"
(Columbia)
Hollywood, Oct. 25. — Frank Capra, director, and Robert Riskin,
writer, responsible for "Lady for a Day" and "It Happened One Night,"
unite their talents again in Mark Hellinger's romance of man, maid and
racehorse.
The story centers around Warner Baxter and Myrna Loy, with War-
ner married to Helen Vinson, one of the many daughters of Walter
Connolly, tycoon with many interests. Myrna is Connolly's youngest
unmarried daughter.
Baxter, head of Connolly's paper box factory, would rather race
horses. Hence he resigns, returning to his former life. His wife re-
mains behind. Myrna, somewhat of a nomad herself, follows Baxter
and helps groom his horse, Broadway Bill, for the Derby. Bill wins,
but keels over dead.
Connolly, in the meantime, realizes that Baxter is the only one of his
in-laws who is worthy. He turns all his factories back to his employes,
and when Baxter comes for Myrna, Connolly chucks all and goes with
them on their happy vagabond racetrack life.
Capra's intelligent touches, his imagination and humorous highlights
are evident throughout the film. Riskin's dialogue sparkles, particularly
in comedy. Baxter and Miss Loy are surrounded with an excellent cast.
Connolly gives his usual fine performance. Ray Walburn, Baxter's race-
track pal, projects comedy for big laughs. The Derby race, w-ith Bill
winning, is perhaps the tensest, most exciting horse race ever screened.
With the Baxter and Loy names and the previous successes tied
up with Capra and Riskin, plus Hellinger's name, showmen should have
little difficulty doing business. Production code seal No. 114. Running
time, 114 minutes.
Looking 'Em Over
"Loyalties"
(Associated Talking Pictures- Auten)
The Galsworthy play has been converted into a generally enter-
taining film. While the picture is not comparable to the play as
a dramatic work, it has been kept reasonably faithful to the orig-
inal. The glaring fault the production reveals — in fact, the chief fault
that may hamper its success in America — is the British speech of the
players, which is at times difficult to make out. There are several mem-
bers of the cast who can plead "not guilty" to this charge, notably Basil
Rathbone and Joan Wyndham.
Rathbone, as Ferdinand de Levis, a wealthy young Jew. who is the
pivotal character of the play, dominates the picture. He plays with an
intensity that gives conviction to the part. Incensed at the theft of a
large sum of money at a house party, he demands that an investigation
be made by the police. He has every reason to suspect Miles Mander.
an army captain pressed for cash. Smarting under an insult from Man-
der referring to his race, Rathbone refuses to retract his charge.
Mander, who really stole the money, is forced to bring a libel action
against Rathbone against his wishes. When the captain's attorneys, trac-
ing the serial numbers of some of the stolen bills, discover not only
that their client is guilty of the crime but that he used the money to
mollify the father of a girl with whom he was indiscreet, they ask the
court that the case be dropped. They are afraid that if they go on with
the case the story of the young woman will come to light. Even so,
Mander faces prison for theft. Seeing no way out, he leaps to his
death as he is about to be arrested.
The racial angle should no more be a problem in exploiting this pic-
ture than in the case of "The House of Rothschild." The question of
animosities is kept in the background.
The picture has been given a good production and fine settings.
Also in the cast are Heather Thatcher, Philip Strange and Alan
Napier. Basil Dean's direction is commendable.
No code seal. Running time, 74 minutes.
8
Century and Skouras
In 10-Year Compact
{Continued from page 1)
17 houses are involved in this arrange-
ment.
In discounting reports distributors
would take action against the pool,
Schwartz said that he has already
signed for Warner-First National,
Paramount and M-G-M product.
Skouras has Fox and Universal.
Another pooling arrangement
Schwartz has in Long Island is with
Joseph Seider of Prudential. Houses
included in this deal do not conflict
with Skouras situations. Eight the-
atres are involved here. Seider has
bought M-G-M, Fox and Warner-
First National.
Schwartz on Sunday leaves for Lake
Placid for a month's vacation. Yes-
terday, he and George Skouras con-
ferred with Nicholas M. Schenck on
the pooling deals.
Cornish Experiment
To Be in "U" Film
Hollywood, Oct. 25. — Dr. Robert
E. Cornish's nationally publicized ex-
periments in returning dead dogs to
life at his laboratory in Oakland have
been filmed secretly for the purpose
of including them in a feature in a
story written by Dr. Eugene Frank,
husband of Anna Sten. The story
deals with Dr. Cornish's life.
The material is to be incorporated
into a feature which Universal will
finish soon. It is called "Life Re-
turns."
Leonard Joins "U";
Grimm on Radio Job
(Continued from page 1)
latter he has been in both the dis-
tribution and theatre end. He has been
advertising head under Joe Plunkett
at the Strand and also has handled
theatres for B. & K. in Chicago, and
United Artists and RKO on the coast.
Grimm has taken charge of adver-
tising at Radio under S. Barret
McCormick. He has been handling
trade paper advertising for Universal
under Cochrane for a number of years
and is well known to the advertising
fraternity in New York film offices.
Air Race Reel Sent
By Radio to London
(Continued from page 1)
shows the arrival of Scott and Black
at Melbourne at the end of the Eng-
land-to-Australia air race.
According to the claims advanced
for the stunt, each frame was enlarged
and transmitted separately by radio at
a cost of §4,000 a foot.
Joyce to Continue
Para. Board Probe
(Continued from page 1)
trustees' counsel for the 21-A exam-
inations being conducted.
The allotted time in which the trus-
tees' counsel could have moved to
strike out the answers filed in state
supreme court here by the defend-
ants has expired without that action
having been taken.
"Stake Out" Is Changed
Hollywood, Oct. 25. — Columbia has
changed the title of "Stake Out" to
"Men of the Night"
Deans Sign for Short
Jerome ("Dizzy") Dean and Paul
("Daffy") Dean yesterday signed a
contract to make a Vitaphone short
at the Brooklyn plant. Work is ex-
pected to start Nov. 1 and Roscoe
Ates and Shemp Howard will be in-
cluded in the cast. The picture is
"Dizzy and Daffy."
Friday, October 26, I93«j
Advisors Installed
By Central Casting,
Hollywood, Oct. 25. — Campbell
MacCullough, head of Central Castj
ing Bureau, today formally installei]
the newly formed advisory council
of the agency at a luncheon in th 1
board room of the Hays organization
here. Among the guests, were civi' I
social and educational leaders.
MacCullough told the assemblag
the purpose of the council is to con i
sider the sociological and economic
aspects of the work of extra player *
He said the body will have free acj
cess to the bureau's records and wil|
be called upon from time to time fc
solution of problems affecting extra
8,000 of whom he said were regis
tered with the bureau with worn
available for only 350 a day.
In describing the scope of the bu
reau, MacCullough stated it extend ;
annually more than $2,500,000 in earn
ings on which no commission is re
ceived, having paid out in its eighj
years of existence more than $20,
000.000.
Under the present setup, MacCul
lough said, Central Casting is ex
tending its activities beyond the ol
taining of employment by enlisting th
assistance of the civic welfare orgar
izations for needy players.
"Wimpole" Big in
Montreal, $12,50(
(Continued from page 6)
"WAGON WHEELS" (Para.)
CAPITOL— (2,347), 25c-35c-40c-S0c-6Oc.
days. Gross: $9,500. (Average, $9,500)
"HAVE A HEART" (M-G-M)
LOEW'S— (3,115), 30c-40c-45c-57c-75c, ,
days. Stage: Arthur Tracy; Al. Verdi .
Co.; Sid Page & Co.; Mattison Rhythm*
Walter Walters & Co.; Heise & Husal<
Don Francesco & Co. Gross: $12,500. (Aveil
age, $10,500)
"THE BARRETTS OF WIMPOLE
STREET" (M-G-M)
PALACE — (2,600, 34c-4Oc-50c-6Oc-a5c,
days. Added: "Holland in Tulip Time.
Gross: $12,500. (Average, $11,000)
"ONE NIGHT OF LOVE" (CoL)
"GIRL IN DANGER" (Col.)
PRINCESS — (2.272). 30c-35c-50c-65c,
days. Gross: $4,500, 3rd week. First tw
sveeks, $16,000. (Average, $6,000)
McLeod Does Survey
Of N. O. for MPTOA
New Orleans, Oct. 25. — Harry 5
McLeod has been instructed by E
Kuykendall to make a survey of Nevl
Orleans, looking toward holding th
M.P.T.O.A. convention here tw
weeks before Mardi Gras in the sprin
of 1935. Seymour Weiss, manager c
the Roosevelt Hotel, has volunteere
assistance to McLeod.
Kuykendall is reported to have sai
if sufficient inducements are made ti
-he association as to accommodation
he will cast his vote in favor of Ne\
Orleans.
Louis Hyman on Coast
Hollywood, Oct. 25. — Louis Hy
man, general manager of Princips
Pictures Distributing Corp., has ar
rived from New York by plane. H
has been approving contracts on th
Sol Lesser film, "Peck's Bad Boy,
for the past two months.
Flash Review
The Silver Bullet — . . . has little t
excite audiences past the childhoo
stage. It is quite routine in every de
partment.
77ii.f film will be reviewed in full in
later issue of Motion Picture Daily.
The Leading
Daily
-Newspaper k
1 Hi
Motiorfj|
Picture
Industry
MOTION PICTURE
DAILY
Alert,
Intelligent
and < .
Faithful
Service to"
the Industry
in All
Branches
/OL. 36. NO. 100
NEW YORK, SATURDAY, OCTOBER 27, 1934
TEN CENTS
Reorganization of RKO
Started, Court Is Told
RCA Victor
Will Remove
All Flywheels
Exhibitors Notified New
Parts Now Being Made
RCA Victor is to begin immedi-
ately the replacement of flywheels
vhich infringe on the American Tri-
Zrgon patents held by William Fox.
N'otice to this effect has been sent
b users by E. T. Cunningham, presi-
flent.
Some replacement parts are avail-
able, the letter states, and additional
juantities are being manufactured,
the service staff is to be enlarged
so speed the work.
Cunningham's letter follows :
"To reassure all users of RCA
Photophone and RCA Victor sound
{Continued on page 4)
Trustees Asked for
Art Cinema Windup
Wilmington, Oct. 26. — A bill for
:he appointment of trustees in the dis-
solution of Art Cinema Corp., which
nled a certificate of dissolution in
Dover last Tuesday, was filed today
n Chancery Court by Harry Buckley
)f New York, a stockholder.
The bill recommended that William
Tasie, Dennis F. O'Brien, and William
H. Phillips, directors of the corpora-
Bon, be named as trustees. The cor-
poration owns stories, plays and other
.iterary properties as well as finished
films. It also has shares in United
Artists Corp., and, through a sub-
sidiary, owns property in Culver City.
"Wimpole" Grosses
$182,390 in Month
Four weeks of "The Barretts of
Wimpole Street" at the Capitol net-
ted the Broadway house a total of
$182,390. For the last week, the
M-G-M picture took in $26,830.
At the end of the first seven days,
the tally was $65,860; for the second
stanza, $46,000; the third week,
$43,700.
"Judge Priest" at the Palace gar-
nered a profitable $14,500 on the
week's run. Second week of "Happi-
ness Ahead" at the Strand ended
with $10,592.
Justice Department
Not to Aid Picture
Washington, Oct. 26. — The De-
partment of Justice today "cracked
down" on a suggestion that a film be
(.Continued on page 4)
Equity-Guild
Deal Provides
For Autonomy
Absolute local autonomy for the
Screen Actors' Guild, modified only
by the constitution and by-laws of the
American Federation of Labor, is pro-
vided for in the guild's affiliation
agreement with the Actors' Equity
Ass'n, Frank Gillmore, Equity presi-
dent, said yesterday.
Such major policies as a "closed
shop" for screen actors and restric-
tions on the engagement of "foreign"
players, such as are imposed by
Equity, will, therefore, be decided by
the guild itself if and when the affilia-
tion with Equity becomes a fact.
Equity has a closed, or "Equity shop"
and stipulates that there must be a six-
month interval between engagements
for all foreign stage players.
Gillmore said he would be unable
to state whether guild members would
be obliged to become members of
(Continued on page 4)
Say Exchanges Push
Texas Scale Boosts
Dallas, Oct. 26. — Exchange men,
not Interstate Circuit, are the insti-
gators in Texas of a movement to
hike prices next season, described by
Col. H. A. Cole, Allied leader, in a
recent interview to Motion Picture
(Continued on page 3)
Heavy by Contract
Hollywood, Oct. 26. — A
clause in Harvey Stephens'
new contract with M-G-M
carries the stipulation that
the actor will definitely not
be groomed for leading man
roles. He wants to be typed
as a heavy.
Fox Wins New
Move in Probe
Of Theatre Co.
William Fox has won a move in his
fight to have the receivership of Fox
Theatres Corp. probed in the courts.
The Appellate Division has reversed
the Supreme Court and has decided that
William E. Atkinson, president of Fox
Theatres, can be examined on the his-
tory of the receivership.
Fox contends that the theatres cor-
poration, the Chase National Bank and
(Continued on page 3)
Mermaid Loses Suit
To General Talking
General Talking Pictures Corp. has
won a counter suit against Mermaid
Cinema Corp., operators of the Mer-
maid, Coney Island.
The Mermaid removed a DeForest
(Continued on page 3)
Warners May Extend Film
Rating Policy Generally
Segregation of pictures for adults
only and for family entertainment may
extend to all Warner theatres
throughout the United States, depend-
ent upon the early reaction to the
step inaugurated in the circuit's Phila-
delphia zone yesterday.
Warner executives have set aside 10
days, they declared, in which to study
the . efficacy of the experiment
launched in the Quaker City. If they
are convinced that the plan is work-
able, as well as practicable from a
straight business view, it will step
out of the localized theory classifica-
tion and reach into Warner houses
nationally. Presumably, that means
the Strand on Broadway as well as
Strand in Brooklyn.
In the meantime, it was stated, an-
nouncement of the inception of the
scheme for the Philadelphia zone had
been met with widespread editorial and
civic endorsement in that city.
Progress to Depend on
Company's Earnings,
Says P. E. Mead
Development of a plan of reorgani-
zation for RKO has been begun and
its progress is expected to be limited
only by the rate of improvement in
the company's earnings, Paul E. Mead,
head of the bankrupty division of
Irving Trust Co., told Federal Judge
William Bondy yesterday.
Mead's statement was made in re-
ply to Samuel Spring, counsel for
RKO creditors, who requested infor-
mation as to what progress was be-
ing made toward a reorganization.
Mead at first declared that the de-
velopment of a plan of reorganization
was the province of creditors and not
of the trustee, the Irving Trust Co.,
but later stated that the trustee had
been advised that reorganization con-
(Continued on page 3)
Re-argue $800,000
Para. Fees Monday
A re-arguing of the petition for al-
lowances aggregating approximately
$800,000 for services in connection
with the Paramount Publix bank-
ruptcy has been scheduled by Special
Master John E. Joyce for Monday.
The petition was originally argued on
{Continued on page 4)
Admit IT OA Handled
Union Code Affairs
Further hearings yesterday before
Referee Robert McC. Marsh in the
suit of Local 306 to prove that Allied
M. P. Operators' Union is controlled
by the I.T.O.A. and comes under the
"company union" classification yester-
day developed the fact that I.T.O.A.
officers represented the Allied union in
the code hearings at Washington.
Harry Brandt, on the stand, testi-
fied this was done to save the Allied
union expense and that the union paid
$1,500, one-tenth of the cost of the
hearings, under the terms of a verbal
contract.
Interstate Employes
Receive 10% Raises
Houston, Oct. 26. — A salary in-
crease from 10 to 25 per cent has been
given about 30 employes of Interstate
(Continued on page 3)
MOTION PICTURE
DAILY
Saturday, October 27, 193
MOTION PICTURE
DAILY
(Registered U. S. Patent Office)
Vol. 36
October 27, 1934
No. 100
Martin Quigley
Editor-in-Chief and Publisher
MAURICE KANN ^_
Editor ■*?•!?
JAMES A. CRON
Advertising Manager
Published daily except Sunday and holi-
days by Motion Picture Daily, Inc., sub-
sidiary of Quigley Publications, Inc.,
Martin Quigley, President; Colvin Brown,
Vice-President and Treasurer.
Publication Office: 1790 Broadway, New
York. Telephone Circle 7-3100. Cable ad-
dress "Quigpubco, New York." All con-
tents copyrighted 1934 by Motion Picture
Daily, Inc. Address all correspondence to
the New York Office. Other Quigley pub-
lications: MOTION PICTURE HERALD,
BETTER THEATRES, THE MOTION
PICTURE ALMANAC and THE CHI-
CAGOAN.
Hollywood Bureau: Postal Union Life
Building, Vine and Yucca Streets, Victor
M. Shapiro, Manager; Chicago Bureau: 407
South Dearborn Street, Edwin S. Clif-
ford, Manager; London Bureau: Remo
House, 310 Regent St., London, W. 1,
Bruce Allan, Representative. Cable address:
"Quigpubco, London"; Berlin Bureau:
Berlin - Tempelhof, Kaiserin - Augustastrasse
28, Joachim K. Rutenberg, Representative;
Paris Bureau: 19, Rue de la Cour-des-
Noues, Pierre Autre, Representative; Rome
Bureau: Viale Gorizia, Vittorio Malpassuti,
Representative; Sydney Bureau: 102 Sus-
sex Street, Cliff Holt, Representative; Mex-
ico City Bureau: Apartado 269, James
Lockhart, Representative; Glasgow Bureau:
86 Dundrennan Road, G. Holmes, Repre-
sentative; Budapest Bureau: 3, Kaplar-u,
Budapest, II, Endre Hevesi, Representa-
tive; Moscow Bureau: Civtzev Vrazhek,
N. 25, Apart. 146, Moscow, U. S. S. R.,
Bella Kashin, Representative. Cable ad-
dress: "Samrod, Moscow."
Entered as second class matter, January
4, 1926, at the Post Office at New York
City, N. Y., under Act of March 3, 1879.
Subscription rates per year: $6 in the
Americas, except Canada $15 and foreign
$12. Single copies: 10 cents.
Walter Connolly Injured
Hollywood, Oct. 26. — Walter Con-
nolly suffered a broken rib during
scenes of Paramount's "Father Brown,
Detective." The actor, however, was
taped up on the set and continued
working. The company was working
at the Fox studios.
Nathanson Heads Drive
Toronto, Oct. 26. — N. L. Nathan-
son, president of Famous Players
Canadian Corp., has accepted the
presidency of the forthcoming annual
drive of the Federation of Jewish
Philanthropies.
Kalmine to Open Two
Pittsburgh, Oct. 26. — Harry Kal-
mine, zone manager for Warners, has
decided to reopen two houses in this
territory for week-ends. They are the
Hollywood, in Dormont, and the Ritz
in New Kensington.
M-G-M Gets June Knight
Hollywood, Oct. 26. — M-G-M has
signed June Knight, formerly under
contract to Universal, to a long term
contract. Her first role will be in
"Broadway Melody of 1935."
Press Books for Shorts
Warners are compiling press books
to accompany the releases of the 13
"See America First" short subjects.
The press books will be identical with
those turned out on feature releases.
Fox Is Speeding Up
On Production Work
Hollywood, Oct. 26. — Production
has been speeded up at Fox follow-
ing a light summer season during
which the studio averaged only four
pictures each week. This week the
studio has eight in production, includ-
ing : "Helldorado," "Lottery Lover,"
"The County Chairman," starring
Will Rogers : "Bright Eyes," starring
Shirley Temple : "Insure Your Wife,"
a Spanish production: "Twenty-Four
Hours," and "Thunder in the Night,"
Erick Pommer's next production.
Scheduled to start within the next
two weeks are : "Dante's Inferno,"
and "One More Spring," starring
Janet Gaynor and Warner Baxter.
Pickets Found Guilty
Eight pickets who were arrested in
front of the Globe Theatre on Oct. 17
have been found guilty of disorderly
conduct by Magistrate Richard F.
McKiniry in West Side Court. They
received suspended sentences. Wit-
nesses testified that the defendants,
with nine others, blocked the theatre
entrance. Magistrate McKiniry held
that their action was mass picketing.
To Show "Inca-Cuzco"
"Inca-Cuzco," record of the Bing-
ham expedition to Cuzco, Peru, and
of the visit of the Prince of Wales
there is to be shown at the H.E.R.
Laboratories next Wednesday night.
It is being distributed by Inter-Con-
tinent Film Corp.
War Film Is Revamped
"World's First War," a new edi-
tion of "Forgotten Men," is being
released by Samuel Cummins and
Jacques A. Koerpel through First
Division.
War Film to Rialto
"The First World War," produced
by Truman Talley and Laurence
Stallings of Fox Movietone News,
will open at the Rialto Nov. 8.
Kutinsky's Father Dead
William Kutinsky, father of Mor-
ris, who operates the Community,
Queens Village, L. I., is dead after
a long illness. He was buried yester-
day.
Toronto Confession
Reopens Bomb Case
Toronto, Oct. 26. — The stench-
bombing case of the Cum-Bac Thea-
tre, on Labor Day, 1933, took a fur-
ther sensational turn when Albert
Gold, chief witness against two ac-
cused men, Lew Kendall and Fred
Pitton, in the original proceedings,
testified that he had committed the
crime and not the two who had stood
trial.
Kendall, who had been sentenced to
one year in prison, and Pitton, both
Toronto operators and members of
the I.A.T.S.E., were immediately ac-
quitted by Judge O'Connell, sitting in
County Criminal Court.
Another turn occurred when Gold,
who had spent four months in jail
awaiting the hearing, was ordered re-
leased by the judge, but he was im-
mediately rearrested as he left the
courtroom on a charge of perjury.
Gold was taken to the Police Court
where the case was postponed to a
later date and he was released on
S2,000 bail.
Ben Steerman Married
Pittsburgh, Oct. 26. — Ben Steer-
man, chief auditor for Warners here,
and Miriam Wald, a secretary in the
circuit's local booking office, slipped
away to nearby Uniontown, Pa., to-
day and told it to a rabbi. The new
Mrs. Steerman is a native Pitts-
burgher. Her husband's home is in
Philadelphia.
Grainger East Nov. 1
Hollywood, Oct. 26. — James R.
Grainger will leave for New Orleans,
Atlanta and New York following the
previews of Universal's "Imitation of
Life" and "Night Life of the Gods,"
which will be about Nov. 1.
Maurice Harris to RKO
Maurice Harris, formerly of the
Columbia exploitation department, has
joined RKO as assistant to John
Dowd, handling exploitation in RKO
theatres.
Feist Back to Coast
Hollywood, Oct. 26. — Felix Feist
will return to Hollywood Sunday night
aboard the Santa Helena following a
10-day business trip to New York.
Eastman Off 2x/± on Big Board
High Low Close
Columbia Pictures, vtc 34J/J 3354 341^
Consolidated Film Industries y/2 3l£ 3}£
Consolidated Film Industries, pfd 15f4 15A T.SlA
Eastman Kodak 10454 103 10314
Eastman Kodak, pfd 142J4 142}4 142J4
Fox Film "A" 12ji 12 12&
Loew's, Inc 29'A 28J4 29
Paramount Publix 4 4 4
Pathe Exchange 154 1J4 VA
Pathe Exchange "A" 13 12J4 12J4
RKO 2%. VA 2
Warner Bros 4V2 4J4 V/2
Net
Change
-254
-H
- JA
+ Vt,
-VA
- Vs
- 'A
Technicolor Drops Half on Curb
Technicolor
Net
High Low Close Change
. 12>$ 1254 12J4 - 'A
Paramount F. L. Bonds Lose 1XA
High Low Close
General Theatre Equipment 6s '40 7 6V2 dV2
General Theatre Equipment 6s '40, ctf 65^ 6§4 65^
Keith B. F. 6s '46 62% 6°% 621i
T.new's 6s Ml. ww deh rights 1035/& 10214 10214
Paramount F. L. 6s '47 5534 5514 5514
Paramount Publix 554s '50 56J4 5514 5514
Warner Bros. 6s '39, wd 58 57J4 58
Net
Change
— '/2
— a
+ 54
— M
-VA
Sales
400
200
500
1.000
10.000
1.300
6 800
7.900
1,100
6
5.600
2.900
Sales
800
Sales
6
2
1
9
12
31
i Purely 1
Personal ►
\X7 ILLIAM FOX, Jack Lec,
VV George and Sam Dembow
Louis Blumenthal, Herman Roe-
bins, Lou Metzger, Louis Phillips
Arthur Hamerslag, Jack Aljcoatl
Herbert Ebenstein, Henry Randel
and Robert Wolf were spotted yester-
day among those luncheoning at the
M. P. Club.
Walter Jourmann of Vienna, a
composer, and Mrs. Jourmann; anc
Bron Kaper of Warsaw and his wife;
all composers, are at the Edison, pend-
ing their departure for the coast te
start work for M-G-M.
Jack Lewis, assistant to Joseph I
Breen, heads back for Hollywood to-
night. He same east on the new Union
Pacific speed train, but goes back on
the old-fashioned regular limited.
John Boles is on his way to Holly-
wood with Mrs. Boles via the Pan-
ama Canal. He will start work soor
in Jesse L. Lasky's "Redheads or!
Parade."
Jules Levy leaves Sunday on a
tour of Radio exchanges. He will
visit the studio where he will confer
with production heads on new product
Jack Partington of F. & M. ar-.
rived on the coast yesterday by plane
from New York. Harry C. Arthut
gets in today.
Edward Raftery of O'Brien, Dris
coll & Raftery returns from Detroit
today. He will go back to the autc
city on Monday.
Mark Sandrich, Radio director
and Mrs. Sandrich, with their twe
sons, leave for the coast today on the
Santa Paula.
Ginger Rogers left for the coast
yesterday on the 20th Century aftei
a week's vacation here.
Robert Hurel, manager of Cana-
dian Cinema Co., Ltd., Montreal, sails
today on the Champ lain.
Adeline Schulberg plans to fly tc
the coast today after several week:
here on a vacation.
Lee Marcus is in town from Holly-
wood and is stopping at the Essex
House.
Amos 'n' Andy have been bookecf
into the Capitol next Friday.
Eugene Picker has lost 40 pound;
and says he's feeling fine.
Walter Reade returns from Flori-.
da on Monday.
Kramer Gets New Post
St. Louis, Oct. 26. — Al Kramer,
former manager and treasurer of the 1
Ambassador, has been made manager
of the Tivoli, University City, Mo., a
St. Louis Amusement Co. house. He
replaces Silvert Setron, who has gone !
to the Egyptian, Milwaukee.
Lee Marcus in Town
Lee Marcus, short subject produc-
tion head for Radio, is in town visit-
ing his mother. He will leave fori
Hollywood a week from today. He
arrived by plane ahead of schedule.
"Are You Mason?" Set
"Are You a Mason?" English
comedy starring Sonnie Hale and J.
Robertson Hare opens Monday at the
Westminster Cinema. It was made
bv Twickenham.
(Saturday, October 27, 1934
MOTION PICTURE
DAILY
Revamping of
RKO Started,
Court Is Told
(Continued from page 1)
lerences had been held and would
ontinue.
Judge Bondy said he had been ad-
,-ised recently that RKO had begun
0 show a profit for the first time in
. long while and indicated that he
greed with Spring in the latter's con-
tention that the trustee should fur-
ther a reorganization plan if the com-
liany's earnings continued their im-
irovement. Spring is counsel for S.
L (Roxy) Rothafel, an RKO claim-
ant in the amount of $250,000, and
lor Charles R. Rogers Prod., a claim-
- nt in the amount of $300,000.
The hearing before Judge Bondy
esterday was in connection with a
etition for instructions from the court
In consummating the agreement re-
cently worked out with Consolidated
Mlm Industries under which RKO is
tiven until May, 1938, in which to
'etire $1,500,000 of secured notes out-
tanding. Prior to the agreement,
■<KO was obligated to retire the notes
n Jan. 1, 1935, through five monthly
ayments of $300,000 each, an obliga-
ion which was described yesterday
•y Carl Newton, of counsel for the
rustee, as a "physical impossibility."
Backed by $50,000,000 Collateral
Pointing out that the $1,500,000 of
otes outstanding are still secured by
ollateral having a book value of $50,-
00,000 which was given to secure
1 original $6,000,000 obligation,
udge Bondy suggested that RKO
light make an appreciable saving on
iterest by negotiating a $1,500,000
Dan "at four or five per cent" from
bank and retiring the obligation at
nee, using the present collateral as
ecurity for the bank loan.
"Any bank should be glad to make
loan with such collateral as that,"
udge Bondy remarked.
Newton told the court that the trus-
ee's first step was to obtain an ex-
ension on the maturities and then to
eek means of retiring the obligation
i the manner suggested, as such a
rocedure would not be prevented by
ie present agreement with Consoli-
ated. Judge Bondy then instructed
ie trustee to proceed with negotia-
ons for a bank loan which would
ermit immediate retirement of the
1,500,000 obligation and suggested
lat in the meantime efforts be made
5 obtain a reduction from Consoli-
ated on the six per cent interest
ailed for in the agreement. Newton
eplied that Consolidated had already
een asked to make such a reduction
nd had refused. Judge Bondy took
ie agreement under consideration and
i exnected to act on it within the
ext few days.
Concurrently with the making of
ie present note agreement, Consolid-
ated exercised a two-year option
hich it held for handling 60 per
?nt of the RKO print work.
MOTION PICTURE DAILYS
HOLLYWOOD PREVIEW
"Hell in the Heavens"
{Fox)
Hollywood, Oct. 26. — Dealing with the French flying squadron dur-
ing the World War, this one is a good attraction, supplying plenty of
dramatic thrills and spine tickling air shots. The picture packs enough
tense action to hold audiences that like this type, despite its story incon-
sistencies.
Warner Baxter becomes commander of his squadron when his chief
is killed by The Baron, a German ace. The story thread exploits the
individual, private fears of the squadron members, consisting of Russell
Hardie, Ralph Morgan, William Stack, J. Carroll Naish, Arno Frey
and Rudolph Ament, all of whom dream of their fears at night but fight
fearlessly in the air during the day. Conchita Montenegro, only girl
in the cast, furnishes the romance by being in love with Baxter.
The comedy interest is adequately upheld by Herbert Mundin and
Vince Barnett. The climactic windup finds Baxter accepting the chal-
lenge from The Baron. Both crash in mid-air but recover to drink a
toast to each other's courage. Baxter and Miss Montenegro head for a
marriage license.
John Blystone's direction is sympathetic and vital. The photography
by Bert Glennon is extraordinary. Byron Morgan and Ted Parson did
the script. The cast portrayals are all good. The production should hold
up well with enterprising exploitation. Previewed without production
code seal. Running time, 80 minutes.
Looking 'Em Over
lam Nelson Back on Job
Hollywood. Oct. 26.— Sam Nelson,
olumbia production manager, is back
: his desk after two months' ab-
nce during which he recovered from
nervous breakdown.
"That's Gratitude"
{Columbia)
Here is a good, clean comedy. Based on the Frank Craven play pro-
duced on Broadway by John Golden several seasons ago, it is something
that will keep the entire family in happy mood. The story it tells is not
exactly new, but it is embroidered with all those little details of human
character that it seems immensely refreshing.
No straining for comic effects here, no striving after the belly laugh,
but humor that is genuine and unaffected and that spreads a glow of
warmth over an audience. Homey comedy best describes it.
Craven plays the chief role as he did in the stage production. He is
a "legit" producer with a bad streak of luck. On tour he makes himself
of assistance to Arthur Byron, a small-town business man in the grip
of a stomach attack. When the show folds up he finds a haven at the
Byron home. His host and his wife (Helen Ware) are sorely annoyed
when Craven overstays his welcome. When he finally takes his leave he
takes with him the ugly duckling daughter of the house (Sheila Man
ners), who has stage aspirations backed by real talent as a singer. In
New York plastic surgery transforms the ugly duckling into a ravishing
beauty, assuring the girl of success.
Playing a one-night stand in her home town, the young woman has
the satisfaction of being welcomed with a fuss by the very people who
once wouldn't look at her twice. At the end she finds her supreme hap-
piness by eloping with the leading man (John Buckler).
Craven also adapted and directed. He has done a splendid job of it.
Paired with Byron he provides some first-class fun. Also in the cast are
Mary Carlisle and Charles Sabin. Every member of the cast gives a
good account of himself.
Code seal No. 162. Running time, 64 minutes.
Fox Wins New
Move in Probe
Of Theatre Co.
(Continued from page 1)
others brought about the receivership
as part of a conspiracy against him.
He says that he personally guaran-
teed a payment of $1,000,000 as part
of the purchase price on the Roxy
theatre in 1929. The house was ac-
quired by Fox Theatres for $2,930,-
440. Fox's guarantee covered the last
three installments, he says, and he is
now being sued for the $1,000,000 by
the Chicago Title and Trust Co., to
which the guarantee was assigned.
Fox told the court he sold his con-
trolling interest in Fox Theatres and
that he came under control of Chase
National. The receivership and de-
fault which followed the sale were
part of a conspiracy against him, he
says.
"The Silver Bullet"
{Hollywood)
"The Silver Bullet," a Tom Tyler western, has little to excite audi-
ences past the childhood stage. It is quite routine in every department.
That old standby of the western picture, the Jekyll-Hyde town banker,
is called upon again to provide the villainy. Tyler, in becoming the
town's new sheriff, inherits a nice chunk of trouble. The fellow who
runs the bank is using his position of trust to cover up his activities as
the head of a gang of outlaws. When through a ruse they get Tyler to
free one of their number, the brand-new sheriff has a lot of explaining
to do. To clear himself of the suspicion of being one of the outfit, he
(Continued on page 4)
Mermaid Loses Suit
To General Talking
(Continued from page 1)
reproducer after having made a num-
ber of payments and sued General
Talking for return of the money.
General Talking filed a counter claim
for the balance. The case was tried
this week before Justice Bonynge in
the Suprerne Court, Brooklyn. A jury
awarded General Talking $3,400. Eph-
raim Berliner of Zeiger & Berliner,
tried the case for General Talking.
Interstate Employes
Receive 10% Raises
(Continued from page 1)
Theaters, Inc., of Texas, following
an announcement by R. J. O'Donnell,
general manager, that receipts in the
Texas theatres are 10 per cent above
those of last season.
Engineers received the largest in-
crease. All cashiers, seven engineers,
three assistant managers, and some 15
other employes who have been in ser-
vice for more than a year, shared in
the raise.
The raise for the operators is re-
troactive to Sept. 1, in accordance
with their union agreement.
Say Exchanges Push
Texas Scale Boosts
(Continued from page 1)
I) aily, according to John Adams, sec-
retary to R. J. O'Donnell of Inter-
state. Both Karl Hoblitzelle and
O'Donnell, his general manager, are
out of town.
Cole said that Interstate was in-
sisting that product it plays at 40
cents top or better cannot play subse-
quent runs under 25 cents.
Reopen Cincy Terminal
Cincinnati, Oct. 26. — The Ter-
minal, 208-seat house, located in the
Union Terminal Station, which re-
cently went dark, is being reopened
by Harry Yutsi as a subsequent run
spot on a grind basis. The house
previously was operated by Willis
Vance, president Ohio Valley Inde-
pendent Exhibitors' League, who also
has the Latonia, at Latonia, Ky.,
across the river from here.
MOTION PICTURE
DAILY
Looking 'Em Over
(Continued from page 3)
sallies forth alone to battle the gang. When his bullets fail to go off
he saves himself from being shot by one of the gang by using a silver
bullet given to him by his sweetheart (Jayne Regan).
Other players include Lafe McKee, Charles King and Franklyn Far-
num. Bernard B. Ray directed. No code seal. Running time, 55 min-
utes.
Shorts
4
RCA Victor
Will Remove
All Flywheels
(Continued from pane 1)
reproducing equipment, in view of
the decisions in the American Tri-
Ergon suits with respect to the so-
called 'flywheel' patent, we reaffirm
that we assume the full measure of
responsibility undertaken by us under
our contracts.
"Accordingly, we are preparing to
modify all infringing soundheads in-
stalled in theatres operated by our
customers so that they will not in-
fringe. The expense involved in this
work will be borne by the RCA Vic-
tor Co.
"Some replacement parts are now
available and additional quantities are
being manufactured. To insure
prompt installation our service force
is being increased. District service
managers will contact all customers
operating infringing devices and ar-
range for necessary modification
promptly.
"We request you to give us prompt
notice by wire, with full informa-
tion thereafter by mail, of any action,
by suit or otherwise, affecting the
use of reproducing equipment fur-
nished by us."
Master Is Named for
Pa. Tri-Ergon Accounting
Lewisburg, Pa., Oct. 26. — Frank
H. Stross, former judge of the North-
umberland County Common Pleas
Court, was named special master by
Federal Judge Albert W. Johnson
here today to develop an accounting
of profits, gains and benefits which
have accrued to Wilmer and Vincent
and Altoona Publix Theatres by rea-
son of alleged infringement of the
patents of American Tri-Ergon.
Justice Department
Not to Aid Picture
(Continued from page 1)
produced starring Melvin Purvis,
Federal nemesis of John Dillinger and
"Pretty Boy" Floyd.
No cooperation will be given by the
department in the making of such
a picture, the attorney general said,
in response to questions as to wheth-
er he had received an offer said to
have been made by a major producer.
"No picture will be made under our
auspices, for that is not in accord
with our ideas as to how we should
proceed," he declared. "We have not
been approached, but if we were, we
would not be disposed to indulge in
anything approaching sensationalism."
Paramount announced this week that
Emanuel Cohen had put the scenario
department to work on a story based
on Department of Justice activities,
but no mention was made of any
effort to secure Federal cooperation.
O'Donnell to San Antonio
Dallas, Oct. 26— William O'Don-
nell, formerly a theatre manager in
New York and brother of R. J.
O'Donnell, general manager of Inter-
state Circuit, has left Dallas for San
Antonio to join Texas Theatres.
"Flying Pigskins'*
(Columbia)
One of the World of Sports series
that contains shots of football in all
its stages. Scenes of teams working
on practice fields and actual highlights
of many important college games are
interspersed between unusual views of
football, such as sailors practicing on
the deck of an aircraft carrier.
Highly appropriate for this time of the
year and a short that can be well
recommended. Reviewed without a
production code seal. Running time,
10 mins.
"Krazy's Waterloo"
(Columbia)
In this one Krazy Kat is Na-
poleon and the artist's conception of
the emperor's Russian campaign is
shown. It should amuse audiences,
particularly during the battle scenes.
It can be recommended as an enter-
taining cartoon. Production code seal
No. 153. Running time, 7 mins.
Re-argue $800,000
Para. Fees Monday
(Continued from page 1)
Sept. 18 and has been under consid-
eration by Joyce since.
Two points of bankruptcy law vital
to the petitions of the Paramount trus-
tees, Charles D. Hilles, Eugene W.
Leake and Charles E. Richardson, for
allowances of $100,000 each, will be
argued Monday. The trustees contend
that they are not subject to the bank-
ruptcy provision which fixes allow-
ances of trustees at one per cent of
the moneys disbursed to creditors of
the bankrupt and one per cent for ser-
vices and also contend that they can
compute their allowances on the basis
of moneys paid out by subsidiaries of
the bankrupt.
No moneys, at least in the form of
dividends, have been paid to Para-
mount creditors. Attorneys for credi-
tors of the company also allege that
the moneys paid out by the subsidiaries
have no bearing on the trustees' al-
lowances as the subsidiaries are not in
bankruptcy.
Jackson, Ley ton Agents
Hollywood, Oct. 26. — Ben Jackson,
former New England exhibitor and
manager of New York's Audubon,
has teamed with Harold Leyton to
manage actors, writers and directors
here, devoting especial attention to
writers.
Jackson was Fox studio manager
for 10 years while Leyton was
scenario head of the same studio for
a similar period. A New York af-
filiation is to be made soon. 1
"Counsel on De Fence"
(Columbia)
With Harry Langdon, Renee Whit-
ney and Earle Fox in the cast, this
is a pleasing short. Langdon is a dumb
lawyer who saves the day for Miss
Whitney, who is being tried for mur-
dering her husband, by drinking the
poison introduced as evidence in the
case. The last part of the picture has
Langdon struggling with stomach
pumps in an amusing manner. Pro-
duction code seal No. 324. Running
time, 20 mins.
"Concert Kid"
(Columbia)
A Scrappy cartoon that has
Scrappy's kid brother a concert vio-
linist. The whole reel concerns itself
mostly with the two trying to extri-
cate themselves from a wad of chew-
ing gum. Fairly entertaining. Pro-
duction code seal No. 319. Running
time, 7 mins.
"Bike Rider" Gets
Indianapolis Lead
Indianapolis, Oct. 26. — "Six-Day
Bike Rider" demonstrated strength
last week at the Lyric by running
$1,500 over par for a gross of $8,500.
A vaudeville bill helped.
"Judge Priest" was the next best
bet. It grabbed $3,500 at the Apollo
in its third week.
Total first run business was $24,-
500. Average is $25,000.
Estimated takings for the week end-
ing Oct. 20:
"JUDGE PRIEST" (Fox)
APOLLO— (1,171), 25c-40c, 3rd week.
Gross: $3,500. (Average, $2,500)
'ONE NIGHT OF LOVE" (Col.)
CIRCLE— (2,638), 25c-40c, 2nd week. Last
week at Indiana. Gross: $4,000. (Average,
$4,000)
"MRS. WIGGS OF THE CABBAGE
PATCH" (Para.)
INDIANA— (3,133), 25c-40c, 7 days. Gross:
$5,000. (Average, $7,000)
"SIX-DAY BIKE RIDER" (F. N.)
LYRIC— (1,896), 25c-40c, 7 days. Vaude-
ville. Gross: $8,500. (Average, $7,000)
' STUDENT TOUR" (M-G-M)
PALACE— (2,431). 25c-40c, 7 days. Gross:
$3,500. (Average, $4,500)
Rosenblatt in Omaha
Division Administrator Sol A. Ros-
enblatt is in Omaha on code matters.
Deputy Administrator William P.
Farnsworth represented him at the last
Campi meeting.
Mervyn LeRoys Coming
Hollywood, Oct. 26. — The Mervyn
LeRoys, accompanied by Sam Bris-
kin, tonight left for New York, where
they will examine the new plays.
Saturday. October 27, 193'
Equity-Guild
Deal Provides
For Autonomy
(Continued from page 1)
Equity until after the Equity counci
meeting next Tuesday, when that bod;
is scheduled to vote on the guild arfilife
tion agreement. It is understood
however, that the guild is opposed t>
Equity membership. Whether th
council will approve an affiliation with
out such a provision is said to bj
problematical.
"The proposal assures the guild o
absolute local autonomy withou
Equity supervision of any kind s<
long as the constitution and by-law
of the guild do not conflict with thos
of A. F. of L.," Gillmore said. "Th
guild would not even be a 'local' o
Equity," he added. "It would be
completely independent organization
but an Equity affiliate."
Gillmore said he was optimisti
concerning the chances of the affiliatioi
agreement being approved by th
Equity council and membership an<
the membership of the guild. Th'
guild's board of governors approve<
the agreement last Tuesday in Holly
wood.
Ruling Made in Two
Trenton Labor Case,
Washington, Oct. 26. — The Nai
tional Industrial Relations Board to
day passed upon cases involving em
ployes of the Victory and Princes
Theatres, Trenton, owned by the Hil
dinger-Bishop Co.
In the case of the Victory, tw
members of the Independent Projec
tionists' and Stage Employes' Unio
were discharged April 15 followin
the consummation of a closed sho
agreement with the I.A.T.S.E. Th
board found that the two men wer
the only employes in the group in ;
volved and had made efforts to bar
gain collectively with the Cosmopoli
tan Amusement Co. operators of th
house and ruled that the company ha<
failed in its obligations by negotiatin
an agreement with a union represent
ing none of its employes. The cas
was ordered sent to the Compliance
Division.
At the Princess, one employe wal
discharged upon the making of th
closed shop agreement, but here it wa
ruled that the management was in th
right, the alliance representing th >
bulk of the employes.
Hear Whitestone Appea
Leslie E. Thompson and Harr
Hecht yesterday acted as a code aj
peal committee in the hearing c
M-G-M, Columbia, Paramount, Bi
"U", Majestic and Warners again;
Abraham Drojin, John Gladstone an
Henry Liman on illegal transfer c
the Rialto, Whitestone, L. I.
Redraft Ohio Clearance
Cincinnati, Oct. 26. — A redrai
of the clearance schedule for th
Greater Cincinnati, Columbus an
Dayton territories is being drawn fol
lowing an exhibitors' meeting hen
The redraft will be forwarded t
Campi for approval.
The Leading
Daily _~
^
Newspaper!
of the
Motion |
Picture
Industry
MOTION PICTURE
DAILY
Alert,
Intelligent
and *
Faithful)
Service to
the Industry
in All
Branches
>OL. 36. NO. 101
NEW YORK, MONDAY, OCTOBER 29, 1934
TEN CENTS
Charges M. P.
Council Aims
Hit Theatres
E. G. Levy States Short
Fosters Competition
The charge that the "ultimate obj-
ective" of the M. P. Research Coun-
cil's current efforts to raise a $200,000
campaign fund in furtherance of its
lew program calling, in the main, for
abolition of block booking is the pro-
motion of "widespread, non-theatrical
Exhibitions" in competition with es-
ablished theatres, is made by Edward
E. Levy, M. P. T. O. A. general coun-
sel, in a bulletin distributed to exhibi-
tors on Saturday.
The bulletin contains an address on
he subject made by Levy earlier be-
fore the Better Films Council of New
Haven. It cites criticism of the Re-
search Council's activities by its own
(Continued on page 6)
Missouri Receipts
In '33 $8,014,000
Washington, Oct. 28. — Box-office
-eceipts of $8,014,000 were reported
tor last year by 278 Missouri film
:heatres which had a total payroll of
$1,785,000, while 43 legitimate and
film ana vaudeville houses took in
$2,242,000 and had a payroll of
$765,000, the U. S. Census Bureau
reported yesterday.
Reports on the leading cities showed
(Continued on page 3)
Milwaukee Picketing
Ban Ended by Appeal
Milwaukee, Oct. 28.— The U. S.
Circuit Court of Appeals at Chicago
has reversed a decision by Federal
Judge F. A. Geiger granting a pre-
liminary injunction to the Rex Theatre
Corp., Sheboygan, Wis., prohibiting
picketing of the house by the
I.A.T.S.E. and other unions.
The injunction was dissolved on the
ground that Judge Geiger had not
permitted William B. Rubin, attorney
for the union, to show that the oper-
ators of the theatre violated the NRA
code.
Friedlander Named
1st Div. Vice- Pres.
Al Friedlander has been named vice-
president of First Division. He has
been serving as assistant to Harry H.
Thomas, head of the company, and
as director of advertising and publicity.
Gains Shown
By Premiums
In N. Y. Area
Estimated 75% of Indies
Are Using Practice
Premiums are rapidly gaining head-
way in New York theatres. It is now
estimated that 75 per cent of Greater
New York independent houses have
adopted the "giveaway" policy. Ex-
hibitors are distributing linens, glass-
ware, ebonyware, silver sets and other
household articles on an average of
three nights a week, it is computed.
W ith the increased demand for free
articles, the number of premium houses
has risen to about 15.
One of the chief necessities for giv-
ing away articles, exhibitors claim, is
because of the staleness of pictures
showing at independent theatres. Ex-
hibitors assert that, because of in-
creased protection demands by circuits,
it is impossible to get releases until
(Continued on page 7)
SMPE Expects 200
At Sessions Today
Two hundred technicians, engineers
and equipment manufacturers will at-
tend the opening of the four-day S.
M. P. E. convention today at the Hotei
Pennsylvania.
The high-lights of the first day's ses-
sion will be addresses at a luncheon
by Martin J. Quigley, Hiram Percy
Maxim, president of the Amateur
Cinema League, who will introduce
(Continued on page 3)
More at Work
Cincinnati, Oct. 28. — Indus-
trial employment in Septem-
ber was 7.1 per cent greater
than September of last year,
according to a survey com-
pleted by the Bureau of
Business Research of the
Ohio State University. The
gain over August was .4 per
cent.
The record was only 1.9 per
cent below the average Sep-
tember increase since 1929.
Para. Sets Plans
On National Drive
Paramount home office sales execu-
tives and district and division man-
agers, returning from a three-day ses-
sion in Hot Springs, have completed
plans for a national sales drive which
will be announced to the entire sales
force this week. According to plans
developed, the drive will last three
months, starting Jan. 1, with bonuses
for leaders.
Among those returning today are
George J. Schaefer, Neil Agnew, J.
J. Unger, Charles Reagan, Milt Ku-
sell, Robert M. Gillham, Alec Moss,
(Continued on page 3)
Production Gains
Slightly on Coast
Hollywood, Oct. 28. — Production
for the week ending Oct. 27 registers a
slight increase in feature pictures and
a decrease in short subjects before the
cameras.
The chart shows 38 features and
seven shorts in work as compared to
(Continued on page 7)
It Took Five Seconds
William Fox isn't talking these days. As owner of 90 per cent
of the stock in American Tri-Ergon, which has filed 22 suits
against producers, distributors and film laboratories, he is keep-
ing mum on his plans.
Fox appeared jovial enough when a Motion Picture Daily re-
porter approached him. Where talking was concerned, however,
the Sphinx was loquacious by comparison.
It was an interview and it wasn't. No matter in what classifica-
tion newspaper curriculum places it, the episode lasted exactly five
seconds.
"What . . . .," was as far as the reporter could get when Fox re-
torted:
"I'm not going to do any talking."
"And you won't say anything about reports of a settlement in
the patent situation," the reporter managed to squeeze in.
"No," was the reply and a signal for Fox's exit.
At the time, he was accompanied by his brother-in-law, Jack G.
Leo.
Contracts Get
Full Approval
In CampiVote
Legal Committee Rules
Code Not Violated
Contracts being used by distributors
for 1934-35 product are not in viola-
tion of the code and conform to all
provisions of the optional standard
license agreement provided for in the
code, Campi's legal committee has
held.
An analysis of the various clauses
was recently made by the legal com-
mittee after Code Authority had re-
ceived numerous complaints from
exhibitors of alleged code violations
in contracts. Nathan Yamins at first
was appointed to make a study of all
distributors' pacts and his report, after
much arguing by the legal committee
and Campi members, was finally voted
down.
Because it was held that a minimum
vote of six, either in the affirmative or
negative, is necessary for a majority
vote, Campi has decided to hold a re-
hearing on the Boston clearance and
zoning appeal involving a Brookline,
(Continued on page 7)
Bank Appeals Rule
On Allied Owners
Notice of intention to appeal the
U. S. District Court decision denying
Manufacturers' Trust Co. the right
to vote the $12,000,000 Allied Owners
bond indenture, for which it is trus-
tee, in Allied's reorganization proceed-
ings was filed in Brooklyn on Satur-
day.
Allied Owners, a debtor corporation
under Section 77-B of the bankruptcy
laws, owns the Brooklyn Paramount,
Loew's Kings, Pitkin and Valencia,
and theatres at Birmingham, Ala.,
(Continued on page 3)
Consolidated Net on
Quarter Is $187,841
Consolidated Film Industries, Inc.,
reports a consolidated net income of
$187,841 for the quarter ending Sept.
30. This is after depreciation and
Federal income taxes, and compares
with $320,782 for the previous quar-
ter. For the nine months ending
Sept. 30 the net income was $824,404,
or 43 cents a share on the common,
as against $716,478, or 22 cents a
share on the common, for the same
period in 1933,
MOTION PICTURE
DAILY
Monday, October 29,
MOTION PICTURE
DAILY
(Registered U. S. Patent Office)
Vol. 36
October 29, 1934
No. 101
Martin Quigley
Editor-in-Chief and Publisher
MAURICE KANN
Editor
JAMES A. CRON
Advertising Manager
Insiders' Outlook
Published daily except Sunday and holi-
days by Motion Picture Daily, Inc., sub-
sidiary of Quigley Publications, Inc.,
Martin Quigley, President; Colvin Brown,
Vice-President and Treasurer.
Publication Office: 1790 Broadway, New
York. Telephone Circle 7-3100. Cable ad-
dress "Quigpubco, New York." All con-
tents copyrighted 1934 by Motion Picture
Daily, Inc. Address all correspondence to
the New York Office. Other Quigley pub-
lications: MOTION PICTURE HERALD,
BETTER THEATRES, THE MOTION
PICTURE ALMANAC and THE CHI-
CAGOAN.
Hollywood Bureau: Postal Union Life
Building, Vine and Yucca Streets, Victor
M. Shapiro, Manager; Chicago Bureau: 407
South Dearborn Street, Edwin S. Clif-
ford, Manager; London Bureau: Remo
House, 310 Regent St., London, W. 1,
Bruce Allan, Representative. Cable address:
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Paris Bureau: 19, Rue de la Cour-des-
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Bureau: Viale Gorizia, Vittorio Malpassuti,
Representative; Sydney Bureau: 102 Sus-
sex Street, Cliff Holt, Representative; Mex-
ico City Bureau: Apartado 269, James
Lockhart, Representative; Glasgow Bureau:
86 Dundrennan Road, C. Holmes, Repre-
sentative; Budapest Bureau: 3, Kaplar-u,
Budapest, II, Endre Hevesi, Representa-
tive; Moscow Bureau: Civtzev Vrazhek,
N. 25, Apart. 146, Moscow, U. S. S. R.,
Bella Kashin, Representative. Cable ad-
dress: "Samrod, Moscow."
Entered as second class matter, January
4, 1926, at the Post Office at New York
City, N. Y., under Act of March 3, 1879.
Subscription rates per year: $6 in the
Americas, except Canada $15 and foreign
$12. Single copies: 10 cents.
Leap Kills A. M. Elliott
Detroit, Oct. 28— Arthur M. Elli-
ott, lately connected with the Trendle
booking combine here and prior to
that local RKO branch manager, died
in a fall from the seventh floor of the
Hotel Detroiter. The death was listed
as a suicide. Business and other diffi-
culties were given as the cause of his
action, although he left no notes. He
was 42 and divorced. The Variety
Club here will handle the burial.
Carl Schwarz Passes
Denton, Md., Oct. 28. — Carl
Schwarz, 54, owner of the Dentonia
Theatre, independent first run here,
died in the office of Dr. E. Paul
Knotts of a heart attack. Schwarz
moved to this city about two years ago
from Bridgeville, Del.
Warners' Lake Opened
Cleveland, Oct. 28. — Warners Lake,
closed all summer, has reopened with
a second run policy. John Manuel,
formerly manager of the Kenton The-
atre, Kenton, is in charge. The house
will play full weeks and split weeks
depending upon the program.
Schwartz Leaves Hospital
Cleveland, Oct. 28. — Ernest
Schwartz, recovering from bullet
wounds received five weeks ago, has
left the hospital and is now at his
heme.
INTERESTING, very interest-
ing, is the Warner experiment
now under way in Philadelphia.
That circuit's executives are de-
termining which pictures are
suitable for adults only and
which for family entertainment.
The "A" symbol for the former
and the "F" for the latter are
designed to aid discriminating
picture fans in picking their at-
tractions as they go. The idea,
provided the judgment exercised
in the selectivity process is im-
partial, has a very good chance
of levelling off one of the tough
spots in the road which the busi-
ness is traveling in these
times. . . .
▼
One of the troubles long has
been the impression still cur-
rent in the minds of some pro-
ducers that every attraction they
turn out in Hollywood is suitable
for the complete range of hu-
mans to see. Of course, that is
incorrect. There are certain
kinds of vehicles which are
strictly adult entertainment. On
the other hand, one of the wide-
spread complaints from outsiders
looking in is that the heads of
families have difficulty in learn-
ing what or what not to send
their children to see. A designa-
tion, such as in the Warner ex-
periment, at least gives the pay-
ing public something it is
entitled to know. . . .
It does not necessarily follow
that too devout attention will be
paid the idea. There will be the
heads of many households who
will be too busy or too negligent
to follow through. There will be
others who may resent the cata-
loguing of pictures and who may
view any segregation as an inva-
sion of their prerogatives. Yet
there will be, for there must be,
untold others who will cheer loud
and long for being supplied some
sort of an answer to the pressing
social and moral problems inher-
ent in films as the popular form
of amusement for juveniles. . . .
▼
On the other hand, experience
only will furnish the answer to
the question if the classification
plan will keep youngsters from
flocking to the adult entertain-
ment from which a scheme such
as this endeavors to keep them.
The old wheeze about forbidden
fruit is as new as ever it was. But
far and away the major benefit,
as this column sees it, is that any
"A" and "F" system will tend to
keep the exhibitor clear of trou-
ble. Reasonably enough, there is
little a theatre operator can do
beyond stamping types of pictures
for certain types of audiences. If
those audiences want to attend
anyway, they will, accompanied
by parents or not, unless the law
against minors is strictly invoked.
In that case, however, the respon-
sibility will shift itself from ex-
hibitor to parent where the bur-
den of the job belongs in the first
instance. . . .
Nobody is talking, but many lo-
cally are speculating over the ex-
tent of the tieup between Wilentz
and Allied. David T. is the attor-
ney-general of New Jersey who
tried and lost a code clearance
case for the Ellwood in Newark
versus Warners. Percolating is
the yarn he will again attempt to
become active in picture matters
once the Bruno Hauptmann
trial, which he will prosecute, is
cleared. Up the line from the
New Jersey code advisory com-
mittee to Campi, the all-highest,
were the rulings against Wilentz
in the Ellwood matter. He made
an appeal to Washington which,
so far as NRA and the film busi-
ness goes, means Sol A. Rosen-
blatt. The deputy administrator
advised Wilentz to forget it in
Pathe "A" Up One on Big Board
Consolidated Film Industries 354
Consolidated Film Industries, pfd
Fox Film "A"
Loew's, Inc
Loew, Inc., pfd
Paramount Publix. cts
Pathe Exchange
Warner Bros.
Lux.
Net
High
Low
Close
Change
Sales
. 3J4
354
+ Vs
200
. 15%
1SH
- %
400
. 12J4
1254
1254
100
. 29
283,4
28?4
- V*
1,100
• 3654
3654
3654
+ H
100
. 4
4
4
600
. 154
lVs
-'A
300
. 1354
13
135i
+1
200
. 454
454
900
7urb Issue
Net
High
Low
Close
Change
Sales
. m
m
m
100
Loew Bonds Gain Eighth Point
High Low Close
General Theatre Equipment 6s '40 654 654 654
Keith B. F. 6s '46 63 6254 6254
Loew's 6s '41. ww deb rights 102^ 102^ W2VS
Paramount F. L. 6s '47 5554 5554 5554
Pathe 7s '37 ww 99 99 99
Warner Bros. 6s '39, wd 58 58 58
Net
Change
+ Vs
- V*
Sales
1
11
1
5
2
5
view of the three unanimous vq
diets against him. . . .
T
Wilentz, however, is in t]
open with the statement he ha^
peeve to settle. What form \\
implied reprisal will take is wh-:
the conjecture enters, but sor
indications are around he w
pick up code cudgels for Jers
Allied when Hauptmann is d
posed of one way or another,
true, this, almost automatical
would throw the honorable att'
ney-general in conflict with Wa
ners about whom Wilentz on
made his sentiments very cle;
It was a public utterance and
was not complimentary. . . .
T
The mist and the fog surroun
ing Fox Met and the volurr
written around its future do:
seem to be bothering Geor
Skouras unduly any- longer, ;
though time was when Geor
was worried. The tip begins a
ends in the 10-year pooling e
rangement signed between Sko
ras and A. H. ("Century Ci
cuit") Schwartz covering
Long Island theatres. . . . Post
exchanges are huddling the
days and are visibly excited a
excitable. . . .
KAN
< Purely
Personal
HERMAN BAHR has sold
semi-classical operetta, "The J
low Nightingale," to Paramount a.
future Bing Crosby vehicle.
Aline MacMahon has cut short
vacation here and is on her way
Taos, N. M., for two or three w«
of rest.
Shirley Ross, M-G-M contr
player, is en route here from the e<
for stage and radio work.
Ben Lucien Burman's "Steaml
'Round the Bend" has been purchs
by Fox.
Tucker Welcome Growl
The list of guests who will att
the Welcome Home beefsteak dir
to be tendered Sophie Tucker by
American Federation of Actors
Mecca Temple Nov. 3 is growing.
The guests who will sit on the
include :
Judge Aaron J. Levy, Max Gore
Daniel Frohman, Fannie Hurst, Ju
Lester Patterson, Bugs Baer, Grc
Whalen, William Morris, Joe Lau
Jr., Gene Buck, Harry M. Wan
Eddie Cantor, Walter Huston, V
Rogers and Adolph Zukor.
Filming George V ReiQ
London, Oct. 28.— "The Reign
King George V" is being prepared
London Films for release through
the British Empire at the celebra!
of the jubilee which will mark
monarch's 25 years on the thn
Winston Churchill is doing the sc
and Alexander Korda will direct.
iday, October 29, 1934
MOTION PICTURE
DAILY
UPE Expects 200
4t Sessions Today
(Continued from page 1)
5. Frances Taylor Patterson, di-
or of photoplay appreciation at
umbia University,
he morning session will include
ety business and election of
:ers for 1935, to be followed by the
ling of the following papers : "The
•atregoers' Reaction to Audible
ture As It Was and Now," by M.
1 ; "Current Developments in Pro-
tion Methods in Hollywood," by
G. Tasker; "The Use of Motion
tures for Visual Education in New
■k Schools," by Miss R. Hock-
ner, director of visual education,
v York, and "The Production Sit-
on in Russia," V. I. Yerlinsky,
kino Corp.
'his session will be followed by the
:heon in the Roof Garden, at which
gley, Maxim and Mrs. Patterson
'. deliver their addresses,
'he afternoon session will include
following talks : "New Develop-
its in Micro Motion Picture Tech-
" by H. Rosenberg ; "Some Tech-
d Aspects of Wild Animal Photog-
hy," by Martin Johnson ; "X-Ray
ematography," by R. F. Mitchell,
1 & Howell Co. ; "Roentgen Cine-
tography," by R. F. James, West-
house Lamp Co., and "Application
X-Ray Photography in Industrial
velopment Work," by J. R. Town-
d, Bell Telephone Lab.
?he evening session will be turned
r to a showing of current pictures.
Kunzman Here for Meeting
A'illiam Kunzman of National Car-
l Co., Cleveland, is in town. He
1 attend the four-day S.M.P.E.
sion which gets under way today at
Pennsylvania Hotel.
WhatN. Y. Critics Think
"Have a Heart"
(M-G-M)
American — . ... is one of those sob-and-
smile combinations aimed right for the emo-
tions, and usually finding a sure soft spot
in the heart of its audience. It's sweet.
Daily Neivs — . . . a sweetly sentimental
piece that depends for its love interest on
Jean Parker and James Dunn, and for its
laughs on Una Merkel and Stuart Erwin.
The film is called "Have a Heart" and it is
possessed of a quality to be found in the
Pollyanna tales.
Evening Journal — And the story fashioned
for the occasion is a sentimental little piece
for those who like to weep softly over the
fictional vicissitudes of their screen heroines.
Sun — . . . has one of these, a mild little
business called "Have a Heart," and it's a
painfully sugary concoction.
Times — To triteness, saccarinity, hokum
and sentimentality the new film at the May-
fair must plead guilty.
World-Telegram — Although sweetness and
sentiment are drawn out almost to the point
of pain in "Have a Heart," and though it
is out of a simple and familiar mold — it is
fair enough screen entertainment.
Missouri Receipts
In '33 $8,014,000
ank Appeals Rule
On Allied Owners
(Continued from page 1)
emont, O., and Glens Falls, N. Y.
$23,000,000 claim against Para-
unt Publix, based on the construc-
n and leasing of these theatres for
ramount, was recently settled and
1 be made a part of the Paramount
Mix plan of reorganization,
.n the event the U. S. Circuit Court
Appeals upholds the Manufacturers'
ust appeal the bank would have the
st important voice in the reorgan-
tion of Allied Owners, as the $12,-
),000 of Allied bonds outstanding,
which the bank is trustee, repre-
ss virtually all of the secured in-
Jtedness of the company.
ara. Sets Plans .
On National Drive
(Continued from page 1)
i>n Velde, Herman Lorber, Arthur
;inne, Knox Haddow, Fred Leroy,
:k Roper and G. B. J. Frawley. ,
Other topics discussed at the south-
i session were future sales policies,
(?n problems and sales cleanups.
Judge Priest"
■ (Fox)
American — Mr. Rogers outdoes himself it]
the characterization of the gentle, foxy old
Judge, and we hope he'll stay Southern in-
stead of Middle-West or New England. Bu1
for all his scintillance in this star-spangled
part, he must take Henry B. Walthall with
him for every bow. . . . Both script and
sets are well-nigh perfect and John Ford'.'
direction is a great attribute.
Daily Mirror — You will enjoy the weer
of your life at "Judge Priest." It's great
entertainment. Don't miss it.
Daily News — This happy combination of
the right players, the right author and
scenarist and the right atmosphere makes
this production one for your movie list.
Evening Journal — . . . Rogers' best, a
heart-warming and genuinely moving glory
of a sleepy Southern town in the nineties.
Herald-Tribune — . . . Nor can it be set
down as one of Mr. Rogers' most enthu-
siastic fans. Nevertheless, it seems to me
that in its sentimentally humorous way,
"Judge Priest" is a decidedly entertaining
motion picture that is easily the best thing
the great Jeffersonian Democrat has yet con-
tributed to the screen.
Post — . . . Very much a Will Rogers
picture and one of the distinctly better ones.
The comedian is wistful, homely and philo-
sophic by turns, and his propensity for oc-
casionally stepping over the borderline into
coydom (if there is such a place) has been
curbed not only by the dialogue but by the
resourceful and level-headed direction of
John Ford, who has equipped the picture
with neat variations and a rousing staged
climax.
Sun — It seems pretty safe to come right
out and recommend "Judge Priest" to every
moviegoer as grand, well-written, shrewdly
acted comedy drama. It uses all the tricks
and arts of hokum, from flag-waving to
beautiful orphan daughters; and it's got
more sturdy laughs in a reel than you can
find in half a dozen comedies, including
"The Merry Widow."
Times — The photoplay which Fox has as-
sembled around Dr. Will Rogers, the emi-
nent newspaper columnist, presents the cow-
boy Nietzsche in one of the happiest roles
of his screen career. . . . Also fortunate
in its staging and in the superior direction
of John Ford.
World-Telegram — Nothing could be much
simpler than the story of "Judge Priest."
, . And by the same token nothing could
be much more delightful and entertaining.
Berthold Viertel, she makes the . . . picture
this week engrossing entertainment.
Herald-Tribune — . . . Nova Pilbeam is of
vast help to the occasionally overwrought
but decidedly effective drama of marital
disarrangement.
Post — Certainly the selection of Nova Pil-
beam was a stroke of casting. This four-
teen-year-old actress has the wistful appeal
that strikes straight to the heart; her acting
is irresistible in its unaffectedness, and the
very qualities which she brings to the role
poignantly reveal the dramatic crux which
the authors have injected into the story. . . .
The picture is a wise and sympathetic treat-
ment of divorce as it affects the offspring.
It is written with style and insight, and
expertly directed by Berthold Viertel.
Sun — . . . one of the most human and
poignant pictures of the year. . . . "Little
Friend" is inconceivable without the pres-
ence of Nova Pilbeam, the fourteen-year-
old actress whose performance, shines through
the entire picture. She plays with a depth
and sincerity almost unique in motion
pictures.
Times — . . . played in a style of direct-
ness and enormously effective simplicity by
14-year-old Nova Pilbeam. Under Mr. Vier-
tel's penetrating guidance, the drama has
been rigidly purged of the gaudy emotional-
ism which the theme invites. . . .
World-Telegram — A deeply moving story
of the bewilderment, fear and indecision of
a girl of 14 struggling to adjust herself to
her parents' divorce is told with shocking
honesty. . . .
Its principal role is played with uncanny
ntuition and skill by a 14-year-old English
[irl named Nova Pilbeam.
(Continued from page 1)
35 film and five other theatres in St.
Louis, the former with receipts of
$2,966,000 and a payroll of $885,000
and the latter with a box-office of
$724,000 and payrolls of $434,000.
Kansas City reported 37 film houses
with receipts of $2,229,000 and payrolls
of $410,000 and 14 vaudefilm theatres
with receipts of $735,000 and payrolls
of $191,000.
Other reports included St. Joseph,
seven film houses with receipts of
$450,000 and payrolls of $102,000;
Springfield, five film houses with box-;
office of $167,000 and payrolls of;
$43,000.
Sign Circuit Deal
Paramount has signed the Seider-
;sey & Wheeler circuit on Long
and for its entire output. About 30
uses are involved in the deal closed
Henry Randel, Brooklyn and Long
! and branch manager for Paramount.
"Little Friend
(Gaumont-British)
American — It is a tense story, well told
by Director Berthold Viertal, and exquisitely
olayed by the young dramatic artist, Nova
Pilbeam, supported by a well-chosen cast of
adults. The fourteen-year-old Nova con
tributes a portrayal that is hall-marked with
sincerity and skillful artistry that may well
set a goal for her elders.
Daily Mirror — It is a substantial and pow
erful story of a child's shattered world
heroic, pathetic and infinitely sensitive. . .
Nova Pilbeam ... is a matchless artist.
Daily News — Little Miss Pilbeam's per
formance is so highly competent that she
wrings the hearts of the beholders and brings
tears of sympathy to their eyes
Evening Journal — Charming, unaffected
and responsive to the intelligent direction of
"Peck's Bad Boy
{Fox)
American — See this one — and take the kids
along. It's fun for the whole family, with
a tear or two tossed in to emphasize the
laughs. Adapters, directors and cast have
caught the spirit with which the piece is
endowed and have made it as much an
American screen classic as it has been a
popular story during a quarter century or
more.
Daily Mirror — This refreshing and under-
standing movie about the ancient troubles
of the very young is a fine vehicle for Jackie
Cooper.
Daily News — While it may have lost some
of the fun of the original, the picture has
gained something in dramatic effect.
It is a nice, homely little comedy with
several touching episodes***.
Evening Journal — And, told with sympa-
thy, and understanding, "Peck's Bad
Boy" is an entertaining little drama
for and about children. with Jackie
Cooper once again demonstrating that
he's one of the screen's most natural actors.
Herald-Tribune — "Peck's Bad Boy" is no
doubt a pleasant little motion picture that
you should enjoy quite ecstatically, provided
you are: (1) feeling very homespun, or (2)
conscientiously taking your young son to a
clean film, or (3) given to nostalgic sighs
over the joys of your own childhood.
Post — ***may have been intended by the
producers to be a hilarious sketch of a boy-
hood, but it turns out to be a pedestrian
affair with nothing to redeem it but the
aforementioned Master Cooper's ability to
plav tremolo on his vocal cords.
Sun — It is a mild drama of a small boy
and his father***.
Jackie Cooper plays young Bill, and plays
it with his usual moving combination of
small-boy comedy and sympathy.***
A more forceful handling of the climactic
situation would have made the picture much
more important.
Times — Shrewdly arranged by Sol Lesser
for the sentimental needs of a vast popular
audience, the new edition of George W.
Peck's book aims to please, and it succeeds
admirably.
World-Telegram — ***reasonably entertain-
ing little human interest story. Although the
film is paced a little too slowly for comfort
and is stretched out both unreasonably and
unnecessarily, it still manages to have a
nice disarming quality about it that makes if
easy for one to wax sentimental over the
plight of its young hero.
Plan Munitions Film
Samuel Cummins and Jacques A.
Koerpel are producing a new film
called "War Is a Racket," material
for which was gathered by the former
on his recent trip abroad. The picture
is described as "an expose of muni-
tions manufacturers."
Clark, Wobber Push
Sales Drive in West
Los Angeles, Oct. 28. — John D.
Clark and Herman Wobber will hold
a meeting Tuesday in San Francisco
of the Fox sales force as the third
tour in the Kent sales drive gets under
way.
On Wednesday, Clark and Wobber
will be in Salt Lake City for a second
meeting which will be followed by one
in Denver on Thursday and another in
Kansas City on Friday. From Kansas
City, the Fox sales executives will go
to Oklahoma City, New Orleans,
Memphis, St. Louis and Omaha. Other
exchanges included in the itinerary
will be Des Moines, Minneapolis, Dal-
las, Indianapolis, Cincinnati, Detroit,
Cleveland, Atlanta, Chicago and east-
ern branches.
Setting "Parade" Runs
Plans are under way by Fox to open
"The White Parade" in 15 key cities
simultaneously during the week of
Nov. 16-23.
LeRoys Expect Heir
Hollywood, Oct. 28. — Mrs. Mervyn
LeRoy, the former Doris Warner,
daughter of Harry M. Warner, will
become a mother early next year,
LeRoy confided to friends Saturday
before his departure for New York.
The LeRoys are accompanied east by
Sam Briskin and will remain there
several weeks to review current
Broadway shows.
Warners Quit at Elyria
Elyria, O., Oct. 28. — Warners, who
have been operating the Capitol, are
relinquishing their lease, and the
house will revert to John Perkas,
owner. Perkas operates the Rivoli,
Rialto and Dreamland, and return of
the Capitol will give him 100 per cent
domination of the town.
The *1(
50 Million Radio Fans
Want To See Him Again
Father Coughlin Returns To
The Air Again _ o f\N
A Pictorial Review of
the Man of the Hour
Rev. CHAS. E. COUGHLIN
Famous Detroit Commentator
State and Foreign Rights for
Sale — Metropolitan Bookings
Available
INTER CONTINENT FILM CORP.
50 East 42nd St., New York City
■
nother glorious triumph by the
lan who directed "Back Street"!
Starring CLAUDETTE
COLBERT
with
WARREN WILLIAM
ROCHELLE HUDSON
Ned Sparks, Henry Armetta, Baby Jane, Alan Hale
FANNIE HURST'S Novel
made into a great JOHN
M. STAHL PRODUCTION
6
MOTION PICTURE
DAILY
Monday, October 29, 1934
Charges M. P.
Council Aims
Hit Theatres
(Continued from page 1)
membership, by recognized scientists
and by "the very exhibitors whom it
pretends to protect."
"While the M. P. Research Council
is pretending to play the game of the
independent exhibitor," the Levy mes-
sage states, "it is making every effort
to destroy him by encouraging and
demanding non-theatrical competition.
The M. P. T. O. of New York," he
says, "has already passed a resolution
condemning the Research Council's
campaign to foster and promote un-
fair non-theatrical competition."
Levy cites efforts made by the coun-
cil to obtain recognition in the film
code of non-theatrical exhibitions on
a par with established theatres and
quotes from memorandums said to have
been issued by Dr. William H. Short,
head of the council, setting forth the
same objective.
He also quotes from an article pub-
lished in Theatre Arts Monthly criti-
cising the council's activities, written
by Kate Oglesbay, whom Levy identi-
fies as a "Little Theatre executive, a
member of Mr. Short's board and said
to be a close friend of Mrs. August
Belmont, who has since resigned the
presidency of the Council." The arti-
cle quoted charges that Short was re-
sponsible for the introduction in Con-
gress of the Patman bill providing for
Federal censorship of films and quotes
Short as saying that he (Short) be-
lieves Federal regulation of films as
important as Federal regulation of
public schools.
"Against movements honestly de-
signed to raise the quality of motion
picture entertainment there can be no
legitimate objection," Levy's message
concludes. "But it is necessary to dis-
tinguish them from the fund-raising
activities of paid professional re-
formers whose aim is to cram their
own notions down the throats of
America."
Short could not be reached on Sat-
urday for comment on the Levy bul-
letin, but his secretary stated that he
had "heard of but had not seen Levy's
address, so could not comment on it
intelligently."
Says Educators Lack
Valuation of Films
Columbus, Oct. 28. — That educa-
tors haven't realized the power of
films as a teaching element was the
opinion expressed by Dr. W. W. Char-
ters, director of educational research
of Ohio State University, in speaking
before the first state convention of the
Ohio M. P. Council.
"Often one exposure of a film
changes the attitude of children
toward certain races or ideals, but
this apparent change in attitude
diminishes as the child becomes older,"
he declared.
The council executive committee,
organized for the purpose of promot-
ing cleaner pictures, and having also
as an objective the elimination of
block and blind booking, formulated
plans to conduct a state-wide survey
of juvenile delinquency in Ohio. This
will include the types of pictures liked
by children, how many times they visit
theatre each week, and their viewpoint
of the pictures which they see.
Speakers at the final sessions of the
two-day meeting included Dr. B. O.
Skinner, state director of education,
J. Real Neth and Russell A. Bovim,
manager of Loew's Ohio.
Cincinnati Editor
Hits Gilman Charge
Cincinnati, Oct. 28. — The state-
ment that "the movies have exploited
our children," made by Mrs. Robbins
Gilman, president of the Federal Con-
gress of Parent-Teacher Ass'n., be-
fore the Ohio congress at Columbus,
as reported in Motion Picture
Daily, has inspired an editorial by
William G. Stiegler, dramatic editor
of the Times-Star.
It reads :
". . . Any such charge about 'ex-
ploiting children' is cheap balderdash
and is typical of the exaggeration, the
intolerance and unfairness of the mis-
directed crusading spirit run wild. It
is time to pin the sponsors of some
of these wholesale accusations down
to specific instances.
"If Mrs. Gilman or any of her
equally zealous lieutenants in this
deafeningly vocal battle for cleaner
films will furnish the titles of any
pictures which they can prove
'exploited' children in the last two or
three years, this department will co-
operate to the extent of publishing
those names in capital letters at the
head of the column to serve as a warn-
ing to parents.
"We should like to add, however,
that neither the producer nor the ex-
hibitor is responsible if films for in-
telligent adult audiences are attended
by children whose parents are utterly
indifferent to their entertainment."
The last paragraph appeared in
bold face type.
Circuit in Buffalo
To Aid Legion Plan
Buffalo, Oct. 28. — Buffalo Coun-
cil, Catholic Legion of Decency, has
received a promise of cooperation
from Buffalo Theatres, Inc., opera-
tors of five neighborhood houses, in
its campaign for family entertainment
on Fridays and Saturdays. The le-
gion membership now is 65,936, Dr.
Edward S. Schweigler, diocesan di-
rector, reports. Of the pledge sign-
ers, 18,724 are children and 47,212
are adults.
End Kenton-S chine Suit
Kenton, O., Oct. 28. — Suit brought
by the Kenton Amusement Co. against
Schine in Common Pleas Court here
seeking to compel continuation of a
20-year lease on the Kenton, and per-
sonal operation of the house, has been
terminated, although parties to the
action refuse to say on what basis.
Suits pending in Common Pleas
Court by same plaintiffs against both
Schines and Warners, involving dam-
age to the theatre property, have been
settled out of court and dismissed.
The Kenton will reopen Nov. 1
under management of G. H. Foster of
Marion, O.
Opens McRae, Ga., House
McRae, Ga., Oct. 28.— All Amuse-
ments, Inc., has opened a new Princess
Theatre here. "Richest Girl in the
World" was the initial attraction.
"Night" Hits
Big $9,000;
Denver High
Denver, Oct. 28.— "One Night of
Love" is the first feature here to go
from the Denver to the Aladdin for
a second week. The $9,000 take at
the Denver, over par by $6,000, was
the cause of the move.
Usually the switch is to the Para-
mount across the street, where ad-
missions are 10 cents lower.
The Orpheum had a disastrous
week. "Wake Up and Dream" was
jerked at the end of the third day
and "Gift of Gab" was substituted.
"The Lemon Drop Kid" was helped
at the Denham by a stage show and
Irving Aaronson's Commanders or-
chestra. The take reached $7,500,
up by $3,500.
Total first run business was $26,-
500. Average is $20,500.
Estimated takings for the week end-
ing Oct. 25:
"CARAVAN" (Fox)
ALADDIN— (1,500). 25c-35c-50c, 7 days.
Gross: $1,500. (Average, $2,500.)
"THE LEMON DROP KID" (Para.)
D EX HAM — (1,500), 25c-35c-50c, 7 days.
Stage show. Gross: $7,500. (Average,
$4,000.)
"ONE NIGHT OF LOVE" (Col.)
DENVER— (2.500), 25c-35c-50c. 7 days.
Gross: $9,000. (Average. $6,000.)
"WAKE UP AND DREAM" (Univ.)
ORPHEUM— (2.600). 25c-35c-50c, 3 days.
Gross: $1,100.
"GIFT OF GAB" (Univ.)
ORPHEUM— (2,600), 25c-35c-50c, 4 days.
Gross: $2,400. (Average for week. $6,000.)
"GIRL OF THE LIMBERLOST"
(Monogram)
MAYAN— (966), 20c-25c-30c. 7 days.
Gross: $2,500. (Average, $1,750.)
"DEATH ON THE DIAMOND" (M-G-M)
PARAMOUNT— (2,000), 25c-40c, 7 days.
Gross: $2,500. (Average. $2,000.)
"Priest" Buffalo
Smash at $21,000
Buffalo, Oct. 28. — "Judge Priest"
was the week's big news, getting $21,-
000, or $6,700 above normal. "La
Cucuracha" attracted more attention
in the Great Lakes than "Madame Du
Barry" did.
Total take was $47,900. Average
is $44,800.
Estimated takings for the week end-
ing Oct. 26:
"JUDGE PRIEST" (Fox)
BUFFALO— (3.500). 30c-55c. 7 days.
Stage: Three X Sisters: Fred Sanborn;
Lucky Boys; Duke McHale. Gross: $21,-
000. (Average, $14,300.)
"RETURN OF THE TERROR" (Warners)
"SHE WAS A LADY" (Fox)
CENTURY— (3,000). 25c. 7 days. Gross:
$7,200. (Average. $6,000.)
"MADAME DU BARRY" (Warners)
GEAT LAKES — (3.000). 25c-40c. 7 davs.
Gross: $6,400. (Average. $10,000.)
"CARAVAN" (Fox)
"YOU BELONG TO ME" (Para.)
HIPPODROME— (2,100), 25c-40c, 7 days.
Gross: $6,500. (Average. $8,000.)
"THE DEFENSE RESTS" (Col.)
"STOLEN SWEETS" (Chesterfield)
LAFAYETTE— (3.300). 25c, 7 days. Gross:
$6,800. (Average. $6,500.)
Call Off Warner Party
Cleveland, Oct. 28. — Because of the
death of John Becorra, former man-
ager of the Variety Theatre, the War-
ner Club has cancelled its Hallowe'en
party scheduled for Friday.
Lewis to Havana
Dave Lewis, administrator of M-G-
M's exchange in Cuba, has returned
to Havana after a two weeks' vaca-
tion here.
"Divorcee" Is
Draw in Two
Coast Houses
Los Angeles, Oct. 28. — "The Gay
Divorcee" demonstrated strong draw-
ing powers both in Hollywood and
downtown. At the Warner Holly-
wood it topped par by $1,500 for a
gross of $15,500 and at the RKO
downtown it went to $14,500, over
normal by $6,500.
"Cleopatra," with a stage show ran
up to $21,405 at the Paramount. This
is up by $5,405. "Affairs of Cellini"
went into the Chinese and made a good
showing, $12,500 on a scale of 30c to
65c.
Total first run business was $88,-
805. Average is $69,200.
Estimated takings for the week end-
ing Oct. 24:
"AFFAIRS OF CELLINI" (U. A.)
CHINESE— (2,500), 30c-6Sc, 7 days.
Gross: $12,500.
"BARRETTS OF WIMPOLE STREET"
(M-G-M)
LOEW'S STATE— (2.413), 30c-55c, 2nd
week, 7 days. Gross: $11,900. (Average,
$14,000.)
"CLEOPATRA" (Para.)
PARAMOUNT— (3,595), 30c-55c, 7 days.
Stage: Rube Wolf and his orchestra. F.
& M. revue. Gross: $21,405. (Average,
$18,000.)
"THE GAY DIVORCEE" (Radio)
RKO— (2,700), 25c-65c. 7 days. Gross:
$14,500. (Average, $8,000.)
"THE GAY DIVORCEE" (Radio)
WARNER BROS. (Hollywood)— (3,000),
25c-65c, 7 days. Gross: $15,500. (Average,
$14,000.)
"BIG HEARTED HERBERT" (Warners)
WARNER BROS. (Downtown)— (3,-
000), 25c-40c, 7 days. Stage: 6 acts vaude-
ville. Gross: $8,800. (Average, $12,000.)
"STUDENT TOUR" (M-G-M)
"SCHOOL FOR GIRLS" (Liberty)
PANTAGES— (3,000), 25c-40c, 7 days.
Gross: $4,200. (Average, $3,200.)
"U" After Peggy Wood
Hollywood, Oct. 28. — Universal is
negotiating with Peggy Wood to star
in an original operetta titled "Sing
Me a Love Song." Stanley Berger-
rr.an will produce. Harris and James
Mulhauser are working on the screen
play.
Sign Television Star
Hollywood, Oct. 28.— The first star
of television for pictures was signed
by Universal yesterday. She is Eole
Galli, sister of Maria Gambarelli.
Miss Galli is in New York at present.
Close Franchise Deal
Budd Rogers, sales manager of
Liberty Pictures, has closed franchise
deals for the Denver and Salt Lake
territories with Gene Marcus, presi-
dent of Majestic Pictures, who will
distribute Liberty product in those
sections.
FWC in Profit Contest
Denver, Oct. 28. — A profit-sharing
contest has been inaugurated by the
Intermountain division of F. W. C.
and will run 14 weeks. It is called
the "Employees' Profit Sharing Con-
test."
Sets Four Meetings
Four meetings have been set bv
Allied of New Jersey. Oct. 30, Nov.
13. 20 and 27 are the dates when mem-
bers will convene at the Lincoln, the
unit's headquarters.
Monday, October 29, 1934
MOTION PICTURE
DAILY
7
MOTION PICTURE DAILYS
HOLLYWOOD PREVIEW
"Evelyn Prentice"
(M-G-M)
Hollywood, Oct. 28. — Starting as a domestic problem play of a busy
lawyer, William Powell, with little time for his wife, Myrna Loy, it
switches to motivate Miss Loy's harmless rendezvous with a poet, Harry
Stephens, and winds up as a murder mystery in a courtroom with Powell
defending Isabel Jewell, who is on trial for murder, and his own wife,
a self-confessed slayer.
While it appears that the novel by W. A. Woodward, from which the
screen play was adapted by Howard Emmett Rogers and Lenore Coffee,
had a vogue, the film creates the impression of struggling with marital
and extra-marital situations not so readily filmable. Aside from the
fact that the characters fail to stimulate strong sympathies to win
audience favor, the production pace is draggy in spots, except for a
pickup at the finish when interest and suspense are aroused.
Both Powell and Miss Loy perform well, if not wholeheartedly, with
their artistry shining forth. Una Merkle contributes her distinctive
brand of joy. Edward Brophy, one of the screen's funniest men, makes
the most of a small opportunity. Miss Jewell has her moment and
registers. Rosalind Russell seems miscast while Cora Sue Collins is cute.
William Howard's direction has difficulty rising above the story values.
The photography and sound are okay.
Although the marquee names of Powell and Miss Loy should draw,
the film may require previewing to secure correct exploitation angle.
No code seal. Running time, 88 minutes.
"College Rhythm"
(Paramount)
San Diego, Oct. 28. — Take Lanny Ross, Joe Penner and his duck and
peppy Lyda Roberti out of the picture, previewed at the Fox Theatre
here, and you have just another college picture. With this trio of stars,
Director Norman Taurog has turned out a rollicking, snappy, tuneful,
hangup collegiate comedy which is a natural to all audiences.
There are plenty of crack exploitation angles in the melodious tunes
by Harry Revel and Mack Gordon, radio and screen names, plus timely
football season tieup.
The story by George Marion, Jr., has plenty of action and laughs,
although just a wee bit improbable. The plot is built around the rivalry
between wisecracking Jack Oakie and bespectacled, scholarly Lanny Ross
on the football gridiron and in business life. Mary Brian furnishes the
love theme, but Ross finally tumbles to the fact that he is that way about
Helen Mack. Hard up after graduating from college, Oakie begs a job
from Ross, son of a wealthy department store owner. The fun begins
when Oakie turns on the collegiate atmosphere, much to Ross' disgust.
Penner is easily the hit of the picture with his duck and nonsense. The
audience at the preview got its biggest laugh out of a scene where Penner
makes love to Goo-Goo, his duck. No code seal. Running time, about
80 minutes, but should be cut in the stadium cheering scenes and store
opening.
Contracts Get
Full Approval
In CampiVote
(Continued from page 1)
Mass., situation. When Campi voted
on this issue, the tally was five to
three, two members being absent. Code
Authority members at the last meet-
ing held a discussion of this case with
the result that a rehearing and new
vote was ordered.
No action was taken on the Los
Angeles and Kansas City clearance
and zoning schedules, indicating that
both will be sent back for clarification
and modification. It was expected
that the Los Angeles plan would be
the first approved and to be put into
effect. The Kansas City outline, ap-
proved by 90 per cent of exhibitors,
also was in pretty good shape except
for certain clarifications.
Distributors' chief objections to all
schedules is inclusion of clauses
whereby subsequent runs charging the
same admissions are to be given
identical availabilities following prior
runs. This, it is held, will create a
print shortage in each key city.
One plan suggested was to follow
provisions in the uniform contract
whereby subsequent runs can date
within 30 days after prior runs, thus
eliminating minimum and maximum
clearance dates. Another thought was
to change the national releasing
scheme so that key cities do not re-
lease on the same date. It is figured
that if Chicago prints were available
before Kansas City, and Kansas City
before Detroit, the print shortage situ-
ation would be reduced so some extent.
In the Mason City Fontenelle case
involving transfer of lease, Campi is
understood to have reversed the
Omaha board which certified the com-
plaint for Code Authority action. It
is understood Campi's vote was seven
tc three for throwing the argument
back to the local board, which in all
probability will dismiss the complaint.
Cleveland Cases Up
For CampVs Ruling
Cleveland, Oct. 28. — Two cases
have been certified to Campi by the
grievance board. One is an overbuy-
ing complaint of the Alden Seitz
Amusement Co., Sandusky, against
the Warner Ohio, that city, and the
other is a complaint on the 10 per
cent cancellation clause filed by Jerome
Steel, Apollo Theatre, Oberlin, against
RKO Radio.
Stop orders have been issued in the
complaints against Sam Deutsch, Sun,
Cleveland, and Erie, Cleveland, on
distribution of passes. A premature
advertising complaint against C. W.
Bickert, Palace, Ashland, has been
certified to Campi.
Iowa Stand on Bank
Nights Is Modified
Des Moines, Oct. 28.— Modifica-
tions of the stringent rules laid down
in previous grievance cases against
bank nights were noted in the deci-
sions handed down by the local griev-
ance board in a case just passed on.
Bank nights were allowed to continue
in three _ Iowa towns where a non-
competitive situation existed, but in
the fourth bank night advertising
was ordered discontinued.
This was the case of J. H. John-
ston of the Princess, Stuart, la.,
against G. W. Morgan of the Grand
at Greenfield, A. B. Petitt of the
Iowa at Winterset, Allen & Allen of
the Garden at Guthrie Center and
J. C. Doop of the Rialto at Stuart.
Since the complainant was operating
a theatre in a town other than those
where bank night was being carried
on, the board decided his was not a
competitive situation.
However, the Norman & Keuch the-
atre at Sac City, la., the Chieftain,
was ordered to end bank nights im-
mediately on complaint of W. W.
Watt of the Casino at Sac City.
Sennett Loses Suit
Los Angeles, Oct. 28. — Mack Sen-
nett has lost his $35,000 suit against
Myrtle Mack for injuries suffered by
him in the motor crash that killed
her husband, Charles E. Mack, of
Moran and Mack, in Arizona in
January of this year.
Ontario Government
Drops Studio Staff
Toronto, Oct. 28.— Dismissal of 24
of the staff of the Ontario Government
film studio at Trenton, Ont., and at
Toronto, has been announced by
the new provincial premier, Mitchell
Hepburn. Only six employes are be-
ing retained and are to be transferred
to the Department of Education to
handle distribution of releases that
may be appropriate for educational
purposes.
Among those discharged were Major
G. E. Patton, director in charge, who
has been on the job since the studio
was established IS years ago; three
cameramen, laboratory specialists, film
editor, title artists, mechanics, office
clerks and others. The payroll saving
will be $57,000 per year. During the
past 12 months with film production at
a low ebb, the studio spent $75,000 and
derived a revenue of $8,000 in rentals.
The studio and equipment have been
put up for sale.
Gains Shown
By Premiums
In N. Y. Area
(.Continued from page 1)
they are too old to have drawing
power.
Even two features have failed to
draw, some exhibitors contend, who
insist the only way to get patrons is
to offer household articles to the cus-
tomers. In some theatres, exhibitors
have been forced to give away
premiums on Saturday nights, it is
stated.
"It has come to a state of affairs
that unless we give away these
articles we cannot exist. We have
tried to discontinue them, but our box-
office proved this was suicide," one
operator said.
According to the code, 75 per cent of
exhibitors in a given territory must
vote against giveaways before they
may be stopped. That the practice
will be banned in New York seems re-
mote. Not one complaint on this issue
has reached the local grievance board.
While the independents look to give-
aways as a business salvation, circuits
in general are shying clear of them.
It is reported Warners are distribut-
ing free articles in some of their New
Jersey houses, but this, it is said, only
holds true in a few spots. It is not
a general policy but applies only in
highly competitive spots, it is declared.
Form Rex Premiums
Rex Premium Corp. has been
formed with Greater New York as its
field of operations.
Production Gains
Slightly on Coast
(Continued from page 1)
36 features and eight shorts for the
preceding week. In the final prepar-
ation stages there are 20 features and
eight shorts scheduled to get under
way within the fortnight, while 49 fea-
tures and 20 shorts are in the cutting
rooms.
Warners, as in the past four weeks,
continues to lead the field for activity
with seven features in work, three
preparing and eight editing : Para-
mount is a close second with seven,
four and three; Fox has six, two and
four; Columbia, five, zero and seven;
M-G-M, three, three and 10; Radio,
two, one and six ; Universal, two, three
and three ; 20th Century, one, zero and
zero ; Roach, zero, zero and one, while
the combined independent studios reg-
ister a total of five, four and seven.
In the short subject division M-G-M
has one before the cameras, one pre-
paring and four editing ; Roach has
one, one and two ; Columbia, one, zero
and one ; Radio, one, one and six,
while the independents aggregate three,
five and six.
Charnas Golden Wedding
Cleveland, Oct. 28. — Mr. and Mrs.
M. Charnas, father and mother of
Harry Charnas of New York, Nat of
Toledo, Phil of Bucyrus and Mrs.
Jesse Fishman of Cleveland, celebrated
their 50th wedding anniversary today
with a dinner and reception at the
Jewish Center.
23
La
That's the kind of program you can offer
when you play Educational^ short subjects.
There is color in these big star featurettes;
there's infinite variety in them; a quick tempo
to pep up your show; the best music and
the biggest laughs. and always more and
bigger star names to attract the public.
No wonder every week is showing a larger
number of theatres playing
(sdiuxilixmal
Distributed in U.S.A.
by FOX Film Corporation
DUE/
The Leading
Daily
Vrl/
Motion '
Picture
Industry
MOTION PICTURE
DAILY
%
Alert,
Intelligent
and "\
Faith ful | Ji
Service to'
the Industry
in All
Branches
36. NO. 102
NEW YORK, TUESDAY, OCTOBER 30, 1934
TEN CENTS
New Uses for
Films Coming,
Says Quigley
IProblem for Engineers,
He Tells S. M. P. E.
! One of the aftermaths of the clean
•icture drive will be a continuing
jtemand that films, now devoted al-
nost entirely to theatrical entertain-
ment, will project themselves into new
ields, declared Martin Quigley, at
he noonday lunch of the S. M. P. E.
n the Hotel Pennsylvania yesterday.
"It is the function of you engi-
leers to supply the answer to this,"
le said. "It is the belief of many
'hat pictures should be given wider
«ses than those to which they have
»een applied."
Col. Roy Winton, secretary of the
\mateur Cinema League and the next
•peaker, added to Quigley's thought
ilong this line by saying that amateur
ilms had reached the point where
(Continued on page 4)
Shuffle Impends
Reports were current yes-
terday of important impend-
ing changes in the Warner
Philadelphia theatre zone.
The changes, it is rumored,
will break in about a week,
but will not affect Leonard
Schlessinger, zone manager.
He has about 130 theatres
under his wing.
Joseph Bernhard and Mort
Blumenstock were in the
Quaker City yesterday and
could not be reached for a
statement. The former re-
turns today.
GRANTS DAMAGES IN
PA. TRI-ERGON CASE
NRA May Hold
A Hearing on
Dues Schedule
U. S. Judge Punishes 3
For Infringement; First
Action of Its Kind
Wisconsin's 1933
Gross $6,601,000
Washington, Oct. 29. — Wisconsin
ast year had 303 film and vaudefilm
heatres with box-office receipts of
;6,601,000 and payrolls of $1,404,000,
t is revealed by the U. S. Census Bu-
eau.
Milwaukee had 72 houses taking in
2,730,000 and paying $693,000 in sala-
ies, while Madison had five, with re-
:eipts of $296,000 and payrolls of $64,-
100 ; Kenosha had six with receipts of
1167,000 and payrolls of $49,000, and
Marine eight with receipts of $190,000
md payrolls of $49,000.
Look for Equity to
Approve Guild Move
The agreement by which the Screen
Actors' Guild becomes an affiliate of
Actors' Equity Ass'n. and of the
American Federation of Labor is ex-
acted to be approved by the Equity
Council at the meeting of that body
oday.
Frank Gillmore, Equity president,
i"as optimistic yesterday on the
(Continued on page 3)
Ostrer States
BIP Plan Not
To Be Revived
By BRUCE ALLAN
London, Oct. 29. — While he was in
America, he discussed a possible amal-
gamation with B. I. P. with his as-
sociates, but these talks will never
be revived, Mark Ostrer said at the
annual meeting of Gaumont British
today. He presided.
G-B declared a final dividend of
four per cent, or a total of seven per
cent this year. A plan, involving £14,-
000,000 to consolidate various Gau-
mont British-owned subsidiaries, such
(Continued on page 3)
Individual Feature
Sales Gaumont Plan
Individual sales contracts for each
of its 16 pictures will be the policy of
Gaumont British, according to Jef-
frey Bernerd, general manager. Ber-
nerd is of the opinion that every ex-
hibitor should see the picture he is
buying before he signs a contract.
"Chu Chin Chow" has been booked
over the entire RKO circuit in
Greater New York and "Power" is
set in all Loew houses in this territory.
Washington, Oct. 29. — Although
but one objection to the exhibitor as-
sessment schedule has thus far been
received, approximately a dozen com-
plaints from independents against the
producer - distributor charges have
reached the National Recovery Ad-
ministration, raising the possibility
that a formal public hearing may be
resorted to in the effort to straighten
out the controversy which appears to
have arisen.
Within the next couple of days,
Deputy Administrator William P.
Farnsworth is expected to decide
what action should be taken on the
schedule, which when submitted was
represented as having the unanimous
approval of the Campi finance com-
mittee, including Edward Golden, al-
ternate for W. Ray Johnston, head of
Monogram, who appears to be behind
(Continued on page 4)
Scran ton, Pa., Oct. 29.— Altoona
Publix Theatres, Wilmer and Vincent
and the Locust Street Real Estate Co.
of Harrisburg, Pa., were today or-
dered by Federal Judge Albert W.
Johnson to pay to the American Tri-
Ergon Corp. and Tri-Ergon Hold-
ing, A. G., a Swiss corporation, profits
and damages for patent infringement.
This is the first instance of a court
compelling a defendant in a Tri-
Ergon suit to reimburse the plaintiff
for losses alleged to have been suf-
fered through infringement of its
double printing and flywheel patents.
On Friday Judge Johnson appointed
Frank H. Stross, former judge of
the Northumberland County Common
Pleas Court, as a master to report on
(Continued on page 3)
Denver Giveaways
Amendment Drafted
Denver, Oct. 29. — Exhibitors here
have gone off on a new tack in their
effort to get Code Authority to permit
giveaways. They have drawn up an
entirely new section of the code cov-
ering the subject so that a vote of 75
per cent of the independents actually
operating and 75 per cent of the af-
filiated houses can legalize the prac-
tice. The new section also provides
that no grievance board shall declare
(Continued on page 4)
Grand Jury Indicts
3 Empire Officers
Arthur Farkash, president; Joseph
Matt, business manager, and Joseph
reperson, counsel of Empire State
(Continued on page 3)
Runs, Hits, Mostly Errors
By FRED
Nyack, N. Y., Oct. 29.— The ex-
chequer of the Nyack Hospital was
more comfortable today in anticipa-
tion of a check covering the proceeds
of the alleged baseball game held here
yesterday between the Nyack Eagles,
organized by Ben Hecht and Charles
BAEHLER
MacArthur, and the "21" Hangovers,
composed of New York's men-about-
town who make their headquarters at
the "21" Club. The game was held in
the Clarson Stadium.
The Eagles claim a victory by a
(Continued on page 3)
Legal Points Face
Joyce on Para. Fees
Special Master John E. Joyce took
under advisement yesterday the argu-
ments of counsel on vital legal points
affecting the allowance of fees aggre-
gating approximately $800,000 to trus-
tees, their counsel and special aids
for services in connection with the
Paramount Publix bankruptcy.
The trustees, Charles" D. Hilles, Eu-
gene W. Leake and Charles E. Rich-
ardson, have petitioned the court for
interim allowances of $100,000 each;
their counsel, Root, Clark, Buckner
& Ballantine, ask $350,000. Joyce
(Continued on page 4)
Sinclair Asks Probe
Of Film Activities
Los Angeles, Oct. 29. — A demand
that Congress investigate an alleged
campaign of propaganda by film in-
terests to defeat him in his race for
the governorship of California has
been made by Upton Sinclair. The
request was contained in telegrams
Senator David I. Walsh (D.,
(Continued on page 3)
to
Short Silent About
E. G, Levy's Charge
Dr. William H. Short, head of the
M. P. Research Council, withheld an
answer yesterday to the charge made
by Edward G. Levy, M. P. T. O. A.
(Continued on page 2)
MOTION PICTURE
DAILY
Tuesday, October 30,
MOTION PICTURE
DAILY
(Registered U. S. Patent Office)
Vol. 36
October 30, 1934
No. 102
Martin Quigley
Editor-in-Chief and Publisher
MAURICE ICANN
Editor
JAMES A. CRON
Advertising Manager
Published daily except Sunday and holi-
days by Motion Picture Daily, Inc., sub-
sidiary of Quigley Publications, Inc.,
Martin Quigley, President; Colvin Brown,
Vice-President and Treasurer.
Publication Office: 1790 Broadway, New
York. Telephone Circle 7-3100. Cable ad-
dress "Quigpubco, New York." All con-
tents copyrighted 1934 by Motion Picture
Daily, Inc. Address all correspondence to
the New York Office. Other Quigley pub-
lications: MOTION PICTURE HERALD,
BETTER THEATRES, THE MOTION
PICTURE ALMANAC and THE CHI-
CAGOAN.
Hollywood Bureau: Postal Union Life
Building, Vine and Yucca Streets, Victor
M. Shapiro, Manager; Chicago. Bureau: 407
South Dearborn Street, Edwin S. Clif-
ford, Manager; London Bureau: Remo
House, 310 Regent St., London, W. 1,
Bruce Allan, Representative. Cable address:
"Quigpubco, London"; Berlin Bureau:
Berlin - Tempelhof , Kaiserin - Augustastrasse
28, Joachim K. Ruteiiberg, Representative;
Paris Bureau: 19, Rue de la Cour-des-
Noues, Pierre Autre, Representative; Rome
Bureau: Viale Gorizia, Vittorio Malpassuti,
Representative; Sydney Bureau: 102 Sus-
sex Street, Cliff Holt, Representative; Mex-
ico City Bureau: Apartado 269, James
Lockhart, Representative; Glasgow Bureau:
86 Dundrennan Road, G. Holmes, Repre-
sentative; Budapest Bureau: 3, Kaplar-u,
Budapest, II, Endre Hevesi, Representa-
tive; Moscow Bureau: Civtzev Vrazhek,
N. 25, Apart. 146, Moscow, U. S. S. R.,
Bella Kashin, Representative. Cable ad-
dress: "Samrod, Moscow."
Entered as second class matter, January
4, 1926, at the Post Office at New York
City, N. Y., under Act of March 3, 1879.
Subscription rates per year: $6 in the
Americas, except Canada $15 and foreign
$12. Single copies: 10 cents.
Trade Loan Delays
Scored by Giannini
Washington, Oct. 29. — In a con-
ference here today with Chairman
Jesse Jones of the RFC, A. P.
Giannini, of the Bank of America,
National Ass'n., attacked the delay
of the Federal Reserve banks in ap-
proving applications for industrial
loans. The banker discussed with
Jones the formation of mortgage trust
companies for relief of mortgage bond-
holders in need of aid.
Liens Against Schulbergs
Hollywood, Oct. 29. — Federal in-
come tax liens have been filed here
against B. P. Schulberg and Mrs.
Adeline J. Schulberg, agent.
Schulberg is charged with owing the
government $19,910 on his 1933 earn-
ings and his wife with owing $24,240
for the same year.
Kern Signed by Radio
Hollywood, Oct. 29. — Jerome Kern
has been signed by B. B. Kahane to
write three songs for the screen ver-
sion of "Roberta" for Radio. Kern,
with Otto Harbach, did the book and
lyrics for the production.
Arthur Optimistic
After Tour of West
Amkino to Show "Lenin**
Amkino will show "Three Songs
About Lenin" to an invited group at
the Paramount building Friday after-
noon.
Optimistic over business conditions,
Harry C. Arthur of Fanchon &
Marco returned yesterday from a
three-week trip to St. Louis, Chi-
cago, San Francisco and Los An-
geles, declaring that "things are look-
ing up."
"There is a wave of optimism
sweeping through the country," he
said, "particularly in theatre circles."
"Good pictures are doing the busi-
ness," Arthur asserted, "despite rain-
storms, snowstorms and blizzards. The
apparent efforts by producers to make
better pictures is evident and the re-
sults are bearing fruit."
Arthur points to "One Night of
Love" as one example. He says this
picture ran for 31 days in a St.
Louis theatre seating 5,000, which is
an all time record for that house.
He also added that "The Gay Di-
vorcee" and "Judge Priest" are cor-
ralling grosses three and four times
the normal business.
First Division to
Get Chicago Branch
Chicago will most likely be the next
spot First Division will set up its
own exchanges. Harry H. Thomas,
president, leaves for the Windy City
Friday to look over the local situation
and from there will tour other cities
with a view to establishing the First
Division trademark.
The last exchange center at which
the company set up its own selling
force was Atlanta, when a deal was
made with M. C. Howard, who is in
charge.
Fox's Wife Testifies
Mrs. William Fox was a witness in
Federal court here yesterday against
Maurice Mannier, a chauffeur, who
is on trial charged with demanding
$50,000 of her under threat of kid-
napping her grandchildren.
Schenck to Coast Soon
Nicholas M. Schenck, president of
Loew's and M-G-M, plans to leave
shortly for the coast on his annual
visit to the studios. No date for his
departure has been set.
Albany Gets Vaudeville
Albany, Oct. 29. — Vaudeville has
been returned to Harmanus Bleecker
Hall in an attempt to meet the com-
petition of bulesque and vaudeville at
Proctor's Troy week-ends.
"Widow" at $39,219
For First 18 Days
"The Merry Widow" garnered
$39,219.25 in the first 18 days of its
two-a-day run at the Astor. For the
first four days the gross tallied $12,-
364.25; for the next seven, $15,347,
and for the last week, ending Sunday
night, the picture did $11,508.
At the Rialto, "The Case of the
Howling Dog" took in §15,500 for
nine days.
"The Last Gentleman," at the
Rivoli, took in about $27,000 for the
first week, and the second week, end-
ing tomorrow night, is expected to
wind up with about $17,500. "Have a
Heart," at the Mayfair, garnered
$11,500.
"Divorcee," "Wiggs"
Big in Cincinnati
Cincinnati, Oct. 29. — "The Gay
Divorcee" proved a box-office magnet
at the RKO Albee last week, leading
the town with an estimated §18,000,
which is $2,000 ahead of "Mrs. Wiggs
of the Cabbage Patch," immediately
preceding. The Astaire-Rogers opus
moves to the RKO Lyric for its sec-
ond downtown week.
"Mrs. Wiggs," incidentally, which
moved to the RKO Grand follow-
ing its week at the Albee, piled up
approximately $4,500 in its second
stanza, which is a record high for the
Grand.
Korngold Arrives Here
Erich Wolfgang Korngold, Vien-
nese composer, will arrive in New
York today on the Majestic en route
to Hollywood to arrange the music
for "Midsummer Night's Dream." Ni-
jinsky, Russian dancer, is due in this
country in a few days to go to the
coast to coach the dancers in this
production.
RKO Directors Meet
A meeting of the board of directors
of RKO Radio Pictures was held
yesterday. Only "routine business"
was transacted, according to a com-
pany statement.
J. R. McDonough, president of the
picture company, who came east for
the meeting, plans to return to Holly-
wood tomorrow.
Schiller at His Desk
Col. E. A. Schiller, vice-president
of Loew's, Inc., yesterday returned to
his desk from a lengthy recuperation
following his recent illness.
Big Board Stocks Show Losses
High Low Close
Columbia Pictures, vtc 3454 3454 34J4
Consolidated Film Industries 35i 3A 3*A
Consolidated Film Industries, pfd 15-54 1554 1554
Eastman Kodak 103M W3V2 10354
Eastman Kodak, pfd 14354 143J4 143J4
Fox Film "A" 1154 1134
Loew's, Inc 2954 2854 29
Paramount Publix, cts 454 4 45i
Pathe Exchange 154 154 VA
Pathe Exchange "A" 1254 1254 1254
RKO 2A VA 2
Warner Bros 454 4J4 VA
Net
Change
- 54
- 54
+1
- 54
+ 54
+ A
Paramount F. L. Bonds Advance 2
High Low Close
Keith B. F. 6s '46 63 63 63
Loew's 6s '41, ww deb rights 103 WVA 102%
Paramount Broadway 554s '51 4154 4154 4154
Paramount F. L. 6s '47 5754 5554 5754
Paramount Publix 554s '50 5754 56 5754
Warner Bros. 6s '39, wd 58 5754 5754
Net
Change
+ 54
-154
+2
+154
- 54
Sales
100
200
700
100
2,000
600
2,600
2,700
300
100
1,500
1,100
Sales
1
4
1
51
110
20
Sees Films Changed
Little by Campaigi
Baltimore, Oct. 29.— Speaking heiJ
today at the opening session of
three-day film conference at the En]
erson Hotel, Mrs. Robbins Gilma
motion picture chairman of the N;
tional Congress of Parent-Teach'
Ass'n, declared there has been "n
fundamental change in motion pictu:
producers in spite of the concentre
tion of agitation for better films." /
a substitute for commercial film entet
tainment for children, Mrs. Gilma,
recommended that a recreational pn
gram for the young be introduced. I
"The objective of this new move
ment," she said, "is welfare and n'
profit. We want to take children
recreation out of the hands of con<
mercial money-makers and put it i
the hands of professional recreation;
leaders. Toward this end we holi
that the power of boards of educatio
should be extended to provide for d:
rection and administration of chil
dren's recreation. And we ask the
every school board be equipped wu\
motion picture projectors to be use
for instructive films to supplement th
textbooks."
Mrs. Gilman recommended the e>
tension of the little theatre movemer
in this country, with, special stress o.
the production of children's plays.
Short Silent About
E. G. Levy's Charge
(Continued from page 1)
general counsel, that Dr. Short's or^
ganization had as its ultimate ot|
jective the promotion of "widespread
non-theatrical exhibitions" in competi
tion with established theatres.
Explaining that he had not yet see
a copy of Levy's address containin
the charge, Dr. Short said : "All
know about it is what I have see:
in the papers, and from that I wouln
say that Levy is barking up the wroni
tree."
Levy's charges against the researcl
council were made in a recent ad
dress to the New Haven Better Film
Council, copies of which were printe<i
and distributed to M. P. T. O. A
members last Saturday.
LeRoy Sees No Early
Spread of Color Ust
Chicago, Oct. 29. — Use of colo!
isn't likely to spread in the near fu
ture, says Mervyn LeRoy. He person]
ally prefers black and white, he say;
LeRoy and Mrs. LeRoy, the forme |
Doris Warner, stopped off here be
tween trains, New York bound. H
said he would be in the metropoli
about 10 days and would see as man; :
plays as possible. His next will b
"Oil for the Lamps of China." "An
thony Adverse" will not be startei
until next March.
To Show Sports Film
Frederick W. Rubien, secretary o
the American Olympic Committee, anc
Ernst Schmitz, American representa
tive of the German Tourist Informa
tion Office, will be hosts at a cocktai
party Friday afternoon at the Wal-
dorf. The feature of the party will bi
a preview of "The Olympic Wintei
Sports Capital," scenes of winter
sports at Garmisch-Partenkirchen, sea'
of the 1936 Olympic Games wintei
sports.
Jesday, October 30. 1934
MOTION PICTURE
DAILY
Dstrer States
SIP Plan Not
fo Be Revived
(Continued from page 1)
Gainsborough, is expected to be
(bmitted to stockholders shortly. In
Innection with it, the anticipation is
'at there will be issued privately
(00,000 in 4y2 per cent debentures
perhaps 98, which is the current
notation.
Ostrer expressed his satisfaction
•er progress made by Gaumont Brit-
n of America and pointed out addi-
anal revenue will swell the com-
Lny's coffers from America during
le next year.
Sinclair Asks Probe
Of Film Activities
(Continued from page 1)
ass.) and Representative Wright
atman (D., Tex.)
Sinclair quoted an industry trade
iper as "openly boasting" that Louis
. Mayer, C. C. Pettijohn, Carey
7ilson and Irving Thalberg "entered
war against me and are aiding the
lerriam campaign." Sinclair charged
at these men disseminated "false
"opaganda" against him in screen in-
nrviews with voters appearing in
swsreels released in the state.
"Whether or not you sympathize
ith me or my platform is beside the
Bint," Sinclair's message continued.
If the picture industry is permitted
defeat unworthy candidates it can
: used to defeat worthy candidates.
it can be used to influence voters
istly, it can be used to influence vot-
■s unjustly."
Sinclair's demand for an investiga-
on followed a protest made to Will
lays that Pettijohn, M. P. P. D. A.
lunsel, was "exploiting the candi-
acy of my opponent."
jook for Equity to
Approve Guild Move
(Continued from page 1)
lances of the agreement being ap-
"oved. If the anticipated action is
.ken by the council, the agreement
ill be submitted to the entire Equity
lembership at a subsequent meeting,
id must also be approved by the
uild's membership before becoming
ffective. Minor changes in the affil-
.tion plan may be made, it was re-
orted, but these are not expected
) disturb the present plan of main-
lining the guild as an independent
fnliate having absolute local au-
)nomy in all matters not opposed to
ne constitution and bylaws of the
F. of L.
Runs, Hits, Mostly Errors
(Continued from page 1)
More Big Pictures
Than Ever — Briskin
Chicago, Oct. 29. — This season
tarted off with more big pictures
lan in many years, said Sam Briskin,
Columbia production head, when he
assed through here today on his way
3 New York. He is on a two-week
acation, but it will include business
onferences.
There is a dearth of good acting
alent, he insists.
Briskin will return to the coast by
oat.
score of 19-4 and the Hangovers as-
sert they won 22-5. The umpire's of-
ficial verdict returned the home team
the winner 12-7. It may not end there.
The two teams appeared on the field
preceded by the 71st Regiment Band,
the Armonk Fire Dept. Fife and Drum
Corp, the Nyack Police and Fire De-
partment Silver Cornet Band and
three elephants in charge of Mahout
Krindler.
The Eagles wore sailor suits rang-
ing from ordinary seaman style to
gold-braided, epauleted admirals. The
Hangovers were clad in a conservative
raiment consisting of grey pants, red
hose and red and white jerseys on the
chests of which were embossed a
brandy mug bearing a rampant "21".
A football helmet topped the outfit.
The spectators, about 600 in all, were
wrapped in every conceivable covering
seeking protection from the gale that
blew across the field. Furs predom-
inated.
The visitors took the field first and
immediately allowed two runs to score,
since they apparently were more in-
terested in fortifying themselves with
a fiery liquid known as "Balantine"
than in the game.
The Eagles returned the compliment
when they took the field by serving
up balls that exploded into thin air
when they smashed against the bats
of the Hangovers. The umpire ruled
the balls out a moment later when the
pitcher missed one and it hit him,
blowing off half his overcoat. Nice,
quiet beginning.
Get 3 in One Inning
The Hangovers came back strong
an inning later and scored three runs
by means of subterfuge. First Base-
man Paul Gallico, attired as a Rear-
Admiral, including sword, found that
his weapon had been securely tied to
the bag. It took the combined efforts
of the infield to unfasten him and three
men who were on the bases at the time
easily scored.
Gallico retaliated later, however.
He drew the same sword after reach-
ing first base and defied any player
to tag him out as he ran home, slash-
ing to the right and left. Admiral
Boris Morros immediately offered
Gallico a job as a Paramount usher,
saying he liked his ingenuity and the
way he wore a uniform.
The Hangovers earned their next
batch of runs by using a screen play.
This little plan so confused their op-
ponents when they saw eight or nine
similarly clad players touring the bags
that they didn't know which one to
try tag out.
Bob Topping of the Hangovers was
credited with a homer in a later inning
when his long hit ball landed under
one of the elephants wandering around
center field. Winchell Smith, center-
fielder for the Eagles, refused to go
near the animal to recover the ball.
Frank Buck rushed out as a substitute,
but by the time he arrived and bravely
recovered the pellet, Topping had
scored.
The game was halted in the sixth
inning when all the players rushed the
press bench, which had just been pre-
sented with several bottles of liquid
heat. The umpire relented, after
threatening to call the game, when
someone gave him a place near the
front of the line.
The three bands quit in disgust at
this point when they were informed
they had been nicknamed "Stinkin',
Blinkin' and Nod" by someone said
to be posing as either Lee Garmes or
Bobby LaBranche.
The Eagles garnered a run in the
seventh that was not allowed. Bugs
Baer, on first base, was presented
with an overcoat, hat and camera. He
then proceeded to walk around the
bases, clicking his little box at every
opponent passed. The latter all posed
for him, but when he removed his dis-
guise on reaching home plate the riot
started.
The Hangovers wanted to use one
of the elephants to run the bases. They
figured they'd be out of reach of their
opponents. Hal Rosson stole the lad-
der and that ended that.
The game ended in a comparatively
tame fashion, with every player stag-
gering from fatigue — or something.
But they all drank a good game.
Everyone then returned to town to the
headquarters of the Hangovers and re-
played the game, drink by drink.
A Game of Trickery
Trickery rather than skill was the
watchword of the day. MacArthur
started the ball rolling by bringing the
71st Regiment band into enemy head-
quarters early Sunday morning. The
noise almost completely shattered al-
ready frayed nerves and the game was
nearly called when the tuba player got
stuck in the lone doorway.
MacArthur was repaid, however,
by having his band stolen by the
enemy and found it three hours later
leading his rivals in a parade on Fifth
Ave.
The line-up of the game was
changed every inning. Among those
who played were :
Eagles: Bugs Baer, John Beignano, Frank
Buck, Frank Case, Charles Ellis, Paul Gal-
lico, Ben Hecht, Arthur Koenig, Robert
Maxwell, Charles MacArthur, Lee Parcels,
Henry Poor, Robert Ripley, Billy Rose,
Harold Ross, Arthur Rosson, Jimmy Savo,
Sal Savo, Robert E. Sherwood, James
Thurber and William R. Thompson.
Hangovers: Buddy Adler, Harold Allen,
Heywood Broun, Monte Brice, William Col-
lier, Jr., Wool worth Donahue, Bradley
Dresser, Ben Finney, Winfield Gardner, Er-
skine Gwynne, Francis T. Hunter, John
Randolph Hearst, William Randolph Hearst,
Jr., John Carl Krindler, Mac Krindler,
James Lewis, Robert LaBranche, Phil Reis-
man and Tommy Shevlin.
Serkowich, Curran
Going to Columbia
Ben Serkowich and Charles Curran
have joined Columbia, effective next
Monday. The former replaces Arnold
Van Leer, who recently joined Gau-
mont British, and the latter will re-
place Gregory Dickson, who resigned
yesterday.
Serkowich, who has been identified
with Publix for a number of years,
will work under Ed Olmstead in the
exploitation department, while Curran
will handle advertising copy.
Paul Lazarus on Coast
Hollywood, Oct. 29. — Paul Lazarus,
United Artists sales executive, arrived
here today on the last leg of a six-
week trip across the country visiting
exchanges. He leaves for New York
the end of the week.
Court Grants
Damages in
Patent Case
(Continued from page 1)
an accounting of profits, gains and
advantages which have accrued to
the defendant companies by reason of
infringement of the Tri-Ergon fly-
wheel patent.
The court also directed that a per-
petual injunction shall restrain the
defendants in the use or sale of equip-
ment infringing on the flywheel
patent.
Damages in the suit, it is said, may
run into the millions. The case was
brought before Judge Johnson here
in December, 1933. The RCA, acting
on behalf of RCA Photophone, was
a defending party in the action.
The court's interlocutory decree,
handed down Dec. 16, was taken to
the Circuit Court of Appeals, which
affirmed Judge Johnson's findings, and
on Oct. 8 to the U. S. Supreme Court,
which sustained the decision of the
lower tribunals.
Grand Jury Indicts
3 Empire Officers
(Continued from page 1)
M. P. Operators' Union, were in-
dicted by the Kings County Grand
Jury yesterday on charges of con-
spiracy and second degree grand lar-
ceny. Ernest Mauro, treasurer, was
indicted for coercion of a theatre
owner. The four entered a plea of
not guilty before County Judge John
J. Fitzgerald, who held them in $3,-
500 bail each.
The first three are accused of at-
tempting to defraud the members of
the union of $50,000 by collecting $200
from each on representations that the
fund would be held in trust to guar-
antee to theatres that members of the
union employed by them would give
good service. It is alleged the
money collected was used to carry on
a campaign of coercion against theatre
owners.
In handing up the indictments the
Grand Jury expressed the opinion that
gangsters were being used by union
officials in the industry in Brooklyn
to intimidate theatre owners.
Abeles in Mexico City
Mexico City, Oct. 29. — Arthur
Abeles has begun his duties as new
manager of the Warner exchange. He
succeeds Felipe Mier, who has taken
over a projection machine and acces-
sories business.
The most brilliant Soviet film since
"ROAD TO LIFE"
DOSTOYEVSKI'S
"PETERSBURG NIGHTS"
"Eloquent and stirring."
N.Y. HERALD-TRIBUNE
"Magnificent cinematic achievement."
N.Y. WORLD-TELEGRAM
"Presented in best Soviet tradition."
NEW YORK TIMES
Just ended a six week first run in New York
Distributed by
AMKINO CORPORATION
BR. 9-7680
723 7th Avenue
N. Y. City
4
MOTION PICTURE
DAILY
Tuesday, October 30, 1 934
New Uses for
Films Coming,
Says Quigley
{Continued from page 1)
many of them were worthy of com-
parison with standard film product
and were suited for auditorium pro-
jection. He mentioned a science film
recently produced by the Massachu-
setts Institute of Technology, and
said sub-standard width films were
now being used extensively in science,
physics, medicine, teaching and indus-
try. He agreed with Quigley in
saying that civic groups and others
seeking specialized films should not
depend upon the producers of the-
atrical film for their supply.
In closing he thanked the S. M.
P. E. for providing the apparatus
that has made amateurs' work pos-
sible.
The luncheon was one of the open-
ing features of the four-day fall
convention.
At the morning session H. G. Tas-
ker of the U. S. Research Labora-
tories was elected president as suc-
cessor of Dr. Alfred N. Goldsmith.
Other officers named were : Execu-
tive vice-president, Emery Huse ; edi-
torial vice-president, J. L. Crabtree ;
convention vice-president, W. C.
Kunzmann; secretary, J. H. Kur-
lander ; treasurer, T. E. Shea ; gover-
nors, M. T. Betsel and S. K. Wolf.
Spring Meet on Coast
Another of the opening day's devel-
opments was a decision of the board
of governors to hold the spring con-
vention next year in Hollywood.
Closer relations with the Academy of
M. P. Arts and Sciences and with
engineers in the studio end of the in-
dustry were forecast by Tasker.
Frances Taylor Patterson, director
of photoplay appreciation at Co-
lumbia University, pleased the en-
gineers by saying that she had al-
ways admired the technicians of the
business, and had often found in the
course of her work that students re-
membered outstanding technical
phases of films more often than they
remembered story angles.
Subjects discussed at the morning
session were: "Current Developments
in Production Methods in Holly-
wood," Tasker; "The Use of Motion
Pictures for Visual Education," Miss
R. Hockheimer, director of visual
education in New York City schools ;
"The Motion Picture Industry in Rus-
sia," V. I. Verlinsky, Amkino Corp.
A picture called "Fundamentals of
Acoustics" was shown, and reports
were submitted by R. F. Mitchell for
the non-theatrical equipment commit-
tee, and by W. E. Theisen for the
historical and musuem committee.
Afternoon subjects were: "New De-
velopments in Micro Motion Picture
Technic," H. Rosenberger; "Some
Technical Aspects of Wild Animal
Photography," Martin Johnson ; "The
Theatregoer's Reaction to the Audible
Pictures as It Was and Now," Mor-
daunt Hall; "Historical Notes on
X-Ray Cinematography," R. F. Mitch-
ell ; "Roentgen Cinematography," R.
F. James ; "Application of X-Ray
Photography in Industrial Develop-
ment Work," J. R. Townsend and L.
E. Abbott; "Applications of High
Speed Motion Picture Photography in
Industrial Development Work," H. I.
Day.
At the evening session there was
one talk — "Some Photographic .As-
pects of Sound Recording," by C. E.
K. Mees, followed by the showing of
films.
Sound will be the principal topic
of the morning session today, with
projection, architectural acoustic and
theatre fronts making up the after-
noon program.
Legal Points Face
Joyce on Para. Fees
{Continued from page 1)
questioned whether the allowances
should be limited to the provisions of
the old bankruptcy law which specify
that the fees shall be two per cent
of the moneys handled by the trus-
tees for the bankrupt estate which,
it is said, would limit the allowances
to less than $50,000.
Arthur A. Ballantine, of counsel
for the trustees, argued that the old
law does not apply, since Paramount
filed for reorganization under the new
Section 77-B, and pointed out that
the new statute provides that the
court shall set a "reasonable" allow-
ance. He also argued that the trus-
tees, in any event, should have allow-
ances computed on the moneys handled
for Paramount Publix subsidiaries,
even though most of these were not,
themselves, in bankruptcy.
"The management and control of
the producing and distributing sub-
sidiaries," Ballantine said, "forms a
very large part of the trustees' work.
The budgets for those companies were
set by the trustees and all checks
disbursed by them are countersigned
by the trustees."
For Part Payment Now
Malcolm Sumner, reported to rep-
resent holders of 14 Paramount bonds,
advocated a part payment, "on ac-
count," at the present time with final
payment to be made when the legal
points involved have been decided
either by the U. S. Circuit Court
of Appeals or the Supreme Court.
He pointed out that the issues involved
have not yet been determined in bank-
ruptcy practice because of the new-
ness of Section 77-B.
Morton G. Bogue, representing
Paramount creditor banks and, also,
counsel for the bondholders commit-
tee of Fox Metropolitan Playhouses,
stated that the "on account" payment
was the procedure adopted recently
by Federal Judge Julian W. Mack
in the matter of allowances asked by
the_ receiver and counsel for Fox Met
which, like Paramount, has also filed
for reorganization under Section 77-B
thus bringing to bear on its situa-
tion, likewise, the provisions of both
the old and new statutes on allow-
ances.
Samuel Zirn, counsel for several
bondholders, argued that the trustees
and their counsel are subject to the
provisions of the old statute relating
to compensation, that is the two per
cent of the moneys handled for the
bankrupt. He also argued that the
moneys of the solvent subsidiaries
should not be included in this compu-
tation.
Para. Loses Appeal
On Customs Ruling
Washington, Oct. 29.— The U. S.
Court of Customs and Patent Ap-
peals today rejected a petition of
Paramount Publix Corp. for dismissal
of a government appeal from a de-
cision of the U. S. Customs Court in
New York upholding the company's
protest against rates of duty assessed
against imports of projection apparatus
and parts.
The collector of customs had as-
sessed the imports at a higher rate
than the company felt proper and its
protest to the customs court had been
upheld.
The petition for dismissal was based
on the ground that the law required
all such appeals on the part of the
government to be made by the collec-
tor of customs or the Secretary of the
Treasury and attacked the validity of
an executive order issued by the
President June 10, 1933, transferring
the handling of all litigation to the
Department of Justice.
The court ruled that Congress has
authorized the President to transfer
the functions of any department to an-
other department and ordered the
company to file its briefs on the issues
involved within 30 days.
Denver Giveaways
Amendment Drafted
{Continued from page 1)
giveaways unfair competition unless it
has 75 per cent authorization to do so
in writing.
Nothing happened as a result of the
"manifesto" several weeks ago in
which theatre owners here decided to
have nothing further to do with the
code unless their demands were
granted.
Code Authority yesterday confirmed
receipt of the Denver draft for a
change in the code. It was pointed out
that unless the local exhibitors banned
giveaways by a 75 per cent vote, it
was not a Campi matter and Denver
exhibitors could do as they pleased in
adopting a new method for giveaways.
Up to date no action on premiums has
been taken by Denver theatre owners,
it was stated.
Weeks Says G-B in
All the First Runs
George W. Weeks, general sales
manager of Gaumont British, says he
has closed deals for G-B product in
every first run spot in America. The
majority of the deals, he says, include
the first group of eight releases.
Among the circuits included are :
Publix, Loew's, RICO, F. W. C, War-
ners, Al Steffes in the northwest, Fox
Met, and Feiber & Shea.
Para. Men Confer Here
Myke Lewis of Los Angeles, Hugh
Braley of Denver and Morris Mulli-
gan, general manager of Paramount in
Canada, are in town for home office
conferences following the three-day
Paramount divisional managers' meet-
ing in Hot Springs. J. J. Unger, who
also attended the session, left for At-
lanta and New Orleans.
Telle gen Held Suicide
Hollywood, Oct. 29. — Lou Tellegen
was found stabbed to death in his
bathroom this afternoon. The police
verdict was suicide, with despondency
given as the motive. He was 53.
Katz Wedding Expected
Hollywood, Oct. 29. — The week-
end wedding of Sari Maritza to Sam
Katz caused little surprise in Holly-
wood circles. The ceremony was
performed in Phoenix Saturday.
NRA May Hold!
A Hearing on
Dues Schedule!
—
{Continued from page 1)
most of the protests which have comr;
in.
While unable to say what step
would be taken to iron out the situa j
tion, Farns worth explained "there ha.'
been so much difficulty, because of thr j
failure to work out satisfactory sched-
ules, we may have to call a publn
hearing to speed things up."
Although Farnsworth emphasize!
that it is a matter of indifference t<
him what sort of a schedule is adopted .
his sole job being to see that one i
approved which is satisfactory to th<
entire industry, there are indication,
that the recovery administration V*
becoming critical of the captious atti
tude of members of the industry
which has placed so many hurdles ii
the way of settlement of the questioij
of finances. Because of this, it ha
been intimated, the Administration
may call the several branches of th 1
industry to Washington to thrash ou;
the whole question in public hearing. 1
The majority of the complaints, u
was said, take the attitude that on 1
percentage basis the smaller companiei
receive a heavier tax than do those a]
the top, although it is admitted tha
in real money the latter pay more anj
are further subject to assessments foj
theatre holdings. The complaints a?;
pear to take into consideration th|
apparent effort of Campi to make thei
burden as light as possible, which re
suited in the independent group bein;
called upon for a total contribution cj
but $18,000, instead of the $30,000 fir;
proposed.
Ask Pro-Rata Basis
In lieu of the present schedule, it u
suggested that the assessments fc,
distributors should be "based on th !
pro rata percentage that each distribt
tor's gross income from film rental
bears to the total sum of $180,00
which is to be paid by the distribute
members as their share of code at
thority costs."
Among the complaints received, i
addition to that of Johnston, were lef
ters from Arthur C. Bromberg, Monc
gram distributor in Atlanta; Premie
Pictures Corp., St. Louis ; Monograi
Pictures. Detroit; Gold Medal Fib
Exchange and Majestic Pictures, Inc
Philadelphia : Security Pictures, Inc
New York ; First Division Exchange
New York; Hollywood Film Corf
Boston ; and Liberty Film Exchange
Washington.
The sole complaint against the e>
hibitor assessments came in toda
from Allied Independent Theatres c
Wisconsin, signed by R. A. Tesc)
business manager. Explaining that tr
organization represents approximate!
100 houses. Tesch attacked the scher
ule on the ground that "although tr
major part of the total assessmei
will be collected from independent
as witness the $30,000 from towns c<
less than 25,000" they are given r,
proportionate representation and tr.1
schedule is therefore discriminatory.
Tesch suggested that assessment
"be based on ratio of class represerJ
tation on Code Authority until ins i; j
tent demand for proper representatio
by thousands of independent exhibitoi
are acceded."
The Leading
Daily
l^e^Sj^ife^
Moti
I
Picture
Industry
MOTION PICTURE
DAILY
OL. 36. NO. 103
NEW YORK, WEDNESDAY, OCTOBER 31, 1934
TEN CENTS
Probe Is Up
To Make-Up
Of Congress
Sinclair's Political Fate
Also Factor
By CLARENCE LINZ
W ashington, Oct. 30. — A Congres-
ional investigation of alleged propa-
anda efforts in California by major
tudio interests there, requested by
Jpton Sinclair of Senator Walsh of
lassachusetts and Representative
atman of Texas, will depend upon
ie temper of the new Congress which
onvenes in January, it is believed
i well informed political circles here.
Defeat of Sinclair, it is pointed out,
.ould do much to minimize the im-
ortance of the subject, but his elec-
ion, on the other hand, would put
im in a position to make a strong
emand for any such inquiry as he
.as already asked.
Whether the California situation
s investigated or not, observers in
(Continued on pane 18)
Sinclair Probe Request
follows Reporter Story
"The open boasting" of an "industry
rade paper" which cited Louis B.
.layer, Charles C. Pettijohn, Irving
rhalberg and Carey Wilson as having
entered a war against me and are
iding the Merriam campaign" on
vhich Upton Sinclair based his re-
uest to Washington for a Congres-
ional probe of films appeared in Mon-
day's The Hollyu'ood Reporter.
Wilkerson Planning
Trade Daily in N. Y.
W. R. Wilkerson, publisher and edi-
or of The Hollywood Reporter, yes-
erday was reliably reported preparing
o invade the New York trade paper
ield with a daily.
Hollywood, Oct. 30. — Asked to
•omment on reports he would pub-
ish a trade daily in New York, W.
R. Wilkerson said today :
"Nothing to it and no such inten-
ions. I had the idea about a year
igo, but it was kicked in the pants."
Rumors Gain of Cut
At Phila. First Runs
Philadelphia, Oct. 30. — Follow-
ng admission reductions by Warners
it several Philadelphia neighborhood
louses, which have suffered most from
'he depression, rumors are growing
(Continued on page 18)
Equity Council for Guild Move
And Orders Agreement Drawn Up
Affiliation of the Screen Actors' Guild with Actors' Equity
Ass'n. was "heartily indorsed in spirit" by the Equity Council
yesterday, according to a statement issued following the meet-
ing.
The council, however, directed its executives and legal staff to
prepare a draft embodying the affiliation agreement which will
be submitted to a second meeting of the council on Friday. This
move is regarded as a formality occasioned by the importance of
the affiliation and is expected to be ratified without objection.
There were no dissenting voices at yesterday's meeting which
was attended by more than 25 council members.
Theatre Seat
Range Up to
1,000 Urged
Theatres of 1,000 seats are better
than larger types and two smaller
theatres in a densely populated neigh-
borhood are better than one large one,
declared Ben Schlanger yesterday at
the second day's sessions of the
S.M.P.E.
Schlanger, New York theatre archi-
tect and a steady contributor to Bet-
ter Theatres, a Quigley publication,
was discussing the general subject of
"Proposed Architectural, Acoustic
and Optical Standards in Motion Pic-
ture Design."
One-sixth of the theatres of the
country have half the seating capacity,
(Continued on page 6)
Warner Has Narrow
Escape from Motor
Hot Springs, W. Va., Oct. 30. —
Albert L. Warner, who is here re-
cuperating from a tonsil operation,
was nearly killed recently by an auto-
mobile which almost ran him down
during a snowstorm, it was learned
today. Warner was bucking a heavy
(Continued on page 6)
Leo Reported
Set for Head
Of Tri-Ergon
Jack G. Leo, brother-in-law of Wil-
liam Fox, will be elected president of
American Tri-Ergon, succeeding Fox,
it is reliably reported. The election
will be held shortly, it is understood.
Efforts to confirm the report at the
local American Tri-Ergon office were
unsuccessful yesterday. It was stated
no information would be given out.
It is understood Leo will have
charge of 26 offices planned through-
out the country for the purpose of
collecting anticipated assessments on
theatres to be licensed under American
Tri-Ergon patents. It, is also reported
that, in arriving at license fees, the
(Continued on page 6)
Drama, Music Best
In Britain — Balcon
London, Oct. 30. — Michael Balcon,
production general for Gaumont Brit-
ish just returned from the States, sees
England's forte in the field of serious
drama and musicals.
"I think British producers have
demonstrated their ability already
(Continued on page 6)
Rule Transfer Illegal,
But Board Aids Theatre
Finding an exhibitor guilty of ille-
gally transferring a theatre from one
corporation to another to avoid con-
tracts and at the same time recom-
mending leniency by distributors in
adjusting contracts is something new
in local circles as far as the New
York grievance board is concerned.
After listening to Morris Feldman
tell how he transferred the De Luxe
in Newark from the DeLuxe Theatre
Corp. to Ralph Feldman, his son, be-
cause some of the distributors would
not reduce rentals, thereby making
it impossible for him to operate on
(Continued on page 16)
Para. Delays
On New Setup
Annoy Court
Coxe Impatient, But He
Grants Postponement
Impatience over the inability of
creditors and others to complete a plan
of reorganization for Paramount Pub-
lix was indicated yesterday by Federal
Judge Alfred C. Coxe at an informal
hearing in chambers which revealed,
at least, that the so-called Kuhn, Loeb
plan, although still incomplete, is the
only one in existence which has the
continued support of those who repre-
sent a majority, in number and amount,
of valid claims against the company.
Yesterday's hearing before Judge
Coxe was on a request by Morton G.
Bogue, counsel for a group of 12
creditor banks whose claims against
Paramount aggregate $13,600,000, for
v postponement of action in connection
with the Paramount trustees' effort to
examine officers of the creditor banks
in advance of trial of a suit to set aside
their claims as preferential.
Over the objections of Arthur A.
Ballantine, of counsel for the trustees,
Judge Coxe granted a postponement
of the action until Nov. 14, after repre-
sentatives of the principal Paramount
(Continued on page 6)
Mississippi Tax Is
Ruinous, Kuykendall
Jackson, Miss., Oct. 30. — Speaking
here today at the convention of the
Independent M. P. Theatre Owners of
Mississippi, Ed Kuykendall, head of
the M.P.T.O.A., said that the state
theatre tax was prohibitive and means
death to many houses. Managers will
pay their share of government costs,
he continued, but they don't want dis-
crimination in special taxes and they
do want their sales tax category as it
prevails in other businesses.
About 75 per cent of the members
of the organization attended the ses-
sion and all acclaimed Kuykendall
(Continued on page 6)
Para. Will Ignore
Cummings' Frowns
Hollywood, Oct. 30. — Paramount
is going ahead with its Federal Se-
cret Service film in spite of the ruling
of Attorney General Cummings that
the department will give no coopera-
tion.
The story, to be called "Federal
Dick," is being rushed. George Raft
and Cary Grant are mentioned for
leads.
MOTION PICTURE
DAILY
Wednesday. October 31, 1934
MOTION PICTURE
DAILY
(Registered U. S. Patent Office)
Vol. 36
October 31, 1934
No. 103
Martin Quigley
Editor-in-Chief and Publisher
MAURICE KANN
Editor
JAMES A. CRON
Advertising Manager XSZ.
Published daily except Sunday and holi-
days by Motion Picture Daily, Inc., sub-
sidiary of Quigley Publications, Inc.,
Martin Quigley, President; Colvin Brown,
Vice-President and Treasurer.
Publication Office: 1790 Broadway, New
York. Telephone Circle 7-3100. Cable ad-
dress "Quigpubco, New York." All con-
tents copyrighted 1934 by Motion Picture
Daily, Inc. Address all correspondence to
the New York Office. Other Quigley pub-
lications: MOTION PICTURE HERALD,
BETTER THEATRES, THE MOTION
PICTURE ALMANAC and THE CHI-
CAGOAN.
Hollywood Bureau: Postal Union Life
Building, Vine and Yucca Streets, Victor
M. Shapiro, Manager; Chicago Bureau: 407
South Dearborn Street, Edwin S. Clif-
ford, Manager; London Bureau: Remo
House, 310 Regent St., London, W. 1,
Bruce Allan, Representative. Cable address:
"Quigpubco, London"; Berlin Bureau:
Berlin - Tempelhof, Kaiserin - Augustastrasse
28, Joachim K. Rutenberg, Representative;
Paris Bureau: 19, Rue de la Cour-des-
Noues, Pierre Autre, Representative; Rome
Bureau: Viale Gorizia, Vittorio Malpassuti,
Representative; Sydney Bureau: 102 Sus-
sex Street, Cliff Holt, Representative; Mex-
ico City Bureau : Apartado 269, James
Lockhart, Representative; Glasgow Bureau:
86 Dundrennan Road, G. Holmes, Repre-
sentative; Budapest Bureau: 3, Kaplar-u,
Budapest, II, Endre Hevesi, Representa-
tive; Moscow Bureau: Civtzev Vrazhek,
N. 25, Apart 146, Moscow, U. S. S. R.,
Bella Kashin, Representative. Cable ad-
dress: "Samrod, Moscow."
Entered as second class matter, January
4, 1926, at the Post Office at New York
City, N. Y., under Act of March 3, 1879.
Subscription rates per year: $6 in the
Americas, except Canada $15 and foreign
$12. Single copies: 10 cents.
Dyers9 Strike Hits
Paterson Theatres
Paterson, Oct. 30.— With 20,000
silk dye workers out on strike, ex-
hibitors are showing some concern in
Passaic Valley.
In the recent textile strike, the
dyers remained at work, while the silk
workers were out. Because of the
small number of silk workers in Pat
erson compared with the number of
dyers, little concern was felt. The
dyeing industry here represents 85
per cent of the city's industry. Dyers
want a thirty-hour week and $1 an
hour. Motion picture operators want
no strike, filled-up theatres.
William Fox to Court
William Fox was subpoenaed yester
day to testify as a defense witness in
the suit in which William Mannier,
former Fox chauffeur, is alleged to
have attempted to extort $50,000 from
Mrs. Fox.
Mannier is on trial before Judge
G. Galston and a jury in the Brooklyn
Federal Court.
Holmes in New Post
Andrew E. Holmes has been ap
pointed vice-president of Donahue &
Coe and will take up his new duties
immediately.
For the past 12 years Holmes has
been with the Philadelphia and local
offices of N. W. Ayer & Son, Inc., as
an executive.
Eastman Sells Some
Of Silver to Gov't
Rochester, Oct. 30. — Eastman
Kodak today sold a portion of its
10,000,000 ounces of silver essential in
the making of film to the government.
The amount involved was not dis-
closed. The purchase was made under
the silver recapture order whereby all
silver with certain exceptions was to
be turned over to the government.
Commenting on the sale, a U. S.
Treasury spokesman said :
"At the time the order was issued,
there was some question as to the
status not only of film and camera
manufacturing companies but as to
motion picture concerns as well for
the reason that silver is essential in
the conduct of their business. As a
matter of fact, these companies are
merely complying with the executive
order directing silver to be turned over
to the government just as was done
with gold earlier in this administra-
tion."
A Kodak official pointed out that it
should be remembered that the com-
pany's holdings of silver were not for
speculative purposes but solely as in-
dispensable raw material used in its
manufacturing operations. "There-
fore," he said, "any silver that is sold
to the government will eventually have
to be replaced by the purchase from
available sources of a supply at gradu-
ally increased prices."
Warnerites Hold Dance
Several hundred Warner home of-
fice and exchange employes gathered
in the grand ballroom of the Hotel
Commodore last night for their Hal-
lowe'en dance. The party began at
8 o'clock and lasted until the early
morning hours.
Warner on Club Board
Harry M. Warner, head of War-
ners, was elected a director of the
M. P. Club yesterday, while Louis
K. Sidney of the Capitol was named
chairman of the jyitertainment com-
mittee.
Discuss Charity Drive
Various leaders in the industry met
at the M. P. Club yesterday to discuss
plans for the Federation of Jewish
Charities drive.
Morrison Sees Good
Season in Prospect
"While there is no tremendous im-
provement noticeable now, all indi-
cations point to a splendid season
ahead," Ernest Morrison, division
manager for Paramount Enterprises,
Inc., and Sparks East Coast circuit,
stated yesterday.
"All indices point to a good sea-
son, but there is nothing in the cur-
rent condition to reflect this," he said.
"There is little repairing going on.
Within the last year 236 new resi-
dential houses were built in Miami
Beach, which is a good sign for
future business. Real estate is perk-
ing up," he stated. He has 16 houses
under his supervision.
Morrison, who is here with Fred
Kent, attorney for Paramount Enter-
prises and Sparks East Coast, leaves
today for his headquarters in the
Olympia Theatre Bldg., in Miami.
Richmond Business Fair
Charles Somma, operating the Blue-
bird, Petersburg, Va., and A. Frank
O'Brien, division manager for Wil-
mer & Vincent in Richmond, asserted
yesterday business in the territory is
fair, but better than last year. All
17 theatres in Richmond are operating
except for the Lyric, a legitimate
house.
Giveaways are rare in this terri-
tory, both theatre men held, declaring
that every once in a while someone
adopts the practice for a day or so.
"U" Buys 'Flash Gordon*
Universal has bought screen rights
to the comic strip "Flash Gordon"
and will use it for a serial. King
Feature Syndicate controls the news-
paper rights. It appears every Sunday
in all Hearst papers. Alexander Ray-
mond of New Rochelle is the artist
Take Over the Aurora
Harry Harris and G. Morrow, op-
erators of a number of New York
houses, have taken over the Aurora
on Amsterdam Ave. and have installed
RCA High Fidelity sound.
May fair Books "Galante"
Walter Reade has booked "Marie
Galante" into the Mayfair, starting in
two weeks.
Columbia Up Quarter on Big Board
Net
High
Low
Close
Change
Sales
34/2
3454
34>/2
VA
+ 54
200
35S
354
400
1554
15*4
155*
+ 54
200
104
103Ji
103}4
- 54
400
14354
14354
14354
+ 54
12,000
1254
1254
1254
+ a
100
2954
2m
28&
- $4
1,000
454
VA
VA
1,400
154
\%
M
+ A
700
13
13
13
+ H
100
VA
VA
- 54
100
444
- Y%
1,200
Trans Lux Shows Gain on Curb
High Low Close
Technicolor 1254 1254 1254
Trans Lux 2Vt 2 254
Net
Change
+ A
Sales
100
1,800
Warner Bonds Gain One-Quarter
Net
General Theatre Equipment 6s '40
General Theatre Equipment 6s '40, ctf
Keith B. F. 6s '46
Loew's 6s '41, ww deb rights 1
Paramount Broadway 554s '51 4154
Paramount F. L, 6s '47 57J4
Paramount Publix 554s '50 S7}£
Warner Bros. 6s '39, wd 58
High
Low
Close
654
Change
Sales
10
55I
554
—1
20
63$
6354
6354
+ 54
1
10354
102*4
10354
+ *4
2
4154
4154
4154
- 54
5
57&
5754
5754
+ 54
16
S7X
5754
57*4
22
58
58
58
+ 54
1
< Purely
Personal ►
COUNTESS ALEXANDR--
TOLSTOY, daughter of Coun
Tolstoy, attended a special showin;
of "We Live Again" yesterday at th
Middlesex Theatre, Middletown, Conr
The picture is adapted from hej
father's book, "Resurrection."
Peggy Conklin leaves the coas
for New York this week to plaj
opposite Leslie Howard in Gilbert
Miller's production of "Petrifiei
Forest" on Broadway.
Joe Hummel, general foreign sale
manager of Warners, returned yester
day from Mexico City after installini
Arthur Abeles as manager of th
Mexiaan branch.
Nick Kenny, radio columnist, wa
master of ceremonies marking th
special charity preview of "Transatlan
tic Merry-Gc-Round" at the Rivoli
midnight.
Paul Ash has acquired a cane
He was spotted yesterday walkin
down Broadway with Zac Friedma*>
managing director of the Fox, Brook
lyn.
Lorraine Foster, singer of hil
billy songs over the radio, who is soo
to do a series of musical shorts, sing
over WJZ tomorrow in "Kansady."
Don Mersereau, general manage
of The Film Daily, leaves for Holly
wood by air Friday. It will be hi
first trip west and a short one.
Ben Blumenthal, back fror
Paris, lunched with Richard
Rowland first and Charlie Pain
next at the Tavern yesterday.
Budd Rogers, general sales man
ager for Liberty, leaves for Alban;
and Buffalo tonight on a short trip
He will go west later.
Mervyn and Mrs. LeRoy have ar
rived in town from the coast on a visi J
to Mrs. LeRoy's parents, Harry M
and Mrs. Warner.
Nijinskaia, sister of the dancei.'l
Nijinsky, is en route to Hollywooc
to appear in Warner's "A Midsummei 1
Night's Dream."
Erich Wolfgang Korngold, Vien >
nese composer, is Hollywood bound tc>|
work on the music for "A Midsummei I
Night's Dream."
Helen Hayes left for the coast yesjl
terday after a brief vacation here. Hei
next picture for M-G-M is "Vanessa.'
Dizzy and Daffy Dean, at th<"
Roxy this week, were interviewed las
night at 8 o'clock over station WOR
Anna Sten arrives in town todaj
to attend the opening of "We Livf
Again" at the Music Hall tomorrow
Nick Lukas has replaced Donali :
Novis, who is ill, on the Capito!
stage for the rest of this week.
John B., better known as Jack
Lewis, left for the coast last night.
That's final. Also definite.
Joe Rosenthal of Consolidated
Theatres, Canada, has returned frorr
Montreal.
George Browne, I.A.T.S.E. presi-,
dent, returned from the coast by plane
Monday. J
James R. Grainger is due back
from the coast in a few days now.
L. J. Schlaifer of Gaumont British
is in Boston and returns today.
It's give and take with no holds barred as this madhouse sextette takes
ie field for a workout prior to the big game. Reading from right to left,
ley're Lyda Roberti, the Bench-Warmer, blonde, beautiful and bughouse ....
oe Penner, The Draw-Back, with a Duckskin tucked under his heart .... Mary
rian, who ought to know better than to be seen in this company ....
ack Oakie, the screen writer's ideal of what a football hero should be like
nd isn't .... Helen Mack, a co-ed what's a co-ed ... . and Lanny Ross
/ho once was Yale's 440 Champ but learned better! And they're all in
COLLEGE RHYTHM'
OE PENNER • LANNY ROSS • JACK OAKIE • HELEN MACK
YDA ROBERTI -MARY BRIAN • GEORGE BARBIER and the All-American Co-Eds
Paramount Picture directed by Norman Taurog with plenty of words and lots of music by Gordon & Revel
GREAT NEWS!
YOU SEE IT AT
If
POPULAR PRICES
WHILE IT'S THE RAGE
OF BROADWAY AT $2
00
O /
^^^^ ; ,
★ ★★★ THE N. Y. DAILY
NEWS GAVE IT 4 STARS 4
THE BEST IN PICTURES! - ¥1,
lilllli
till
ml
pi
Ml
H
lllf
c/f Metro - Goldwyn - Mayer
Picture Starring
€H£VALI£R
Mac DONALD
ovn.
fRNCT 1UBIT5CH
•ft* EDWARD EVERETT HORTON • UNA MERKEL
GEORGE BARBIER « MINNA OQAIHm
TYPICAL
NEWSPAPER
ADS FROM
SHOWMANSI
CAMPAIGN!
$2 WORTH!
Gayly the Worlds Biggest Musical Film Starts Nationwide
on its Sensational Popular Price Career! The industry's
One and Only $2 attraction, now in its 3rd merry week at
the famed Astor, N. Y. playing twice daily*
THEY KISSED AT GAY MAXIM'S
and she thought he wanted
only her millions!
Music... haunting and seductive! Gypsy
violins sobbing a melody of love! The
Girls from Maxim's! Paris! Gay
if. 1^^^ Vienna! Hundreds of ballet
beauties! A Symphony Or-
chestra of 100 pieces!
485 in the cast!
A
'4/
1
LOVE SONGS
YOU'LL ADORE :
'The Merry Widow Waltz"
"Maxims"
** Melody in Maytime"
11
MOTION PICTURE
DAILY
Wednesday, October 31, II
Para. Delays
On New Setup
Annoy Court
{Continued from page 1)
creditor and claimant groups joined
with Bogue in the request for an ad-
journment. It was urged by represen-
tatives of the bondholders' committee,
of which Frank A. Vanderlip is chair-
man, and of the stockholders' commit-
tee, of which Duncan A. Holmes is
:hairman,that a reorganization of Para-
mount would be delayed if the trustees
were permitted to proceed with their
examination of the bank officers at this
time.
It was made clear that a settlement
of the bank group's claim has been
agreed upon by the banks and the lead-
ing factors in the Paramount reorgan-
ization and that the settlement has
been made a part of the Kuhn, Loeb
plan of reorganization. The settle-
ment, however, cannot be made effec-
tive until the Kuhn, Loeb plan has
been completed. Thus the trustees'
action against the banks will stand
until the reorganization plan for Para-
mount has been accepted by the court.
Judge Coxe, reflecting some im-
patience over the delay in submitting
a plan for Paramount, stated that he
wanted to know "by what time the
Kuhn, Loeb plan or other plans could
be presented."
"It seems," Judge Coxe said, "that
for the past year a plan has been 'just
around the corner'."
Say They Have Plan Ready
Malcolm Sumner, understood to rep-
resent holders of 14 Paramount bonds,
told the court that he and E. L. Gar-
vin, also representing bondholders, had
a plan in readiness which they could
submit "tomorrow."
"Whom do you represent?" Judge
Coxe asked.
"I speak for our creditors and all
other unrepresented creditors in this
situation," Sumner replied.
"But without credentials," the court
responded.
Judge Coxe advised Sumner that he
"could not even submit a plan" with-
out a creditor representation prescribed
by the statutes behind it. Sumner said
he disagreed on this interpretation of
the law, whereupon the court declared
that even if he were permitted by law
to submit a plan, Sumner could expect
no consideration for it from the court
if it did not have the support of the
prescribed amount and number of valid
claims. The attorney stated later that
he disagreed with this viewpoint, also,
and contended that if his plan was
more equitable than any other sub-
mitted the court would be obligated to
instruct the creditors to accept it.
Neither the court nor representa-
tives of any of the large creditor
groups displayed interest in the Sum-
ner-Garvin offer to submit their plan.
Para. Obtains First
Stratosphere Films
First films of a stratosphere flight
were obtained by Paramount newsreel
with the help of the Picards. Mrs.
Picard did the camera work, and
Paramount says the resulting films
are satisfactory in spite of the acci-
dental landing in a treetop in Ohio.
Holdovers
Los Angeles, Oct. 30.— Fol-
lowing in tne tootsieps of
"Yvonuer Bar," "Dames" and
"liere Comes the XNavy" are
the only pictures tnat have
held up tor tnree weeks at
Warners' Hollywood.
"Tne Gay Divorcee," one of
RKu's big fall noises, is be-
ing held tor a third week at
tne iiillstreet.
Drama, Music Best
In Britain — Balcon
{Conttnued from page 1)
insofar as straight drama is concerned
and that their progress in this direc-
tion will continue to be marked in the
mture," he told Motion Picture
JJAILY.
"Where musicals are concerned, the
record of British producers stands on
its own. It is true, of course, that we
nave not gone in so much for lines of
chorus girls as much as we have for
tne tying on of musical effects with
the action, but our general leaning
nere happens to swing in the latter
direction on the theory this is what a
musical properly should be."
Jersey Allied Talks
About Coming Dance
Committee reports on entertainment
for an attair to be held in the middle
of .November, the tying in of shorts
with features and the local buying
situation were discussed yesterday by
members of Allied of New Jersey.
A committee of four to review fea-
tures for the general membership will
be appointed shortly.
Omaha Has 3 Weddings
Omaha, Oct. 30. — Three marriages
were recorded in one week on Film
Row. Paramount exchange led the
list with two when Johnny Harms, a
poster clerk, married Edna East, and
Gladys Waterhouse of the inspection
department married a former Para-
mount employ, Clarence Pullman. At
M-G-M, Anne Zwieback, secretary to
Branch Manager H. J. Shumow, mar-
ried Art Grossman.
Hamrick Renovating
Tacoma, Oct. 30. — In line with his
policy of modernizing all of his houses
in Oregon and Washington, John
Hamrick has let a contract for re-
modelling his Blue Mouse. B. F.
Shearer Equipment Co. will renovate
and furnish new equipment at a cost
of §5,000.
Passaic Stops Shows
Passaic, Oct. 30. — City commis-
sioners have put a stop to weekly
showings of German pictures here in
an unlicensed building. Pictures had
been going on for four weeks before
the building inspector discovered that
the building did not come up to the-
atre standards.
End Milwaukee Dispute
Milwaukee, Oct. 30. — A dispute
between the operators' union and the
Park, operated by Manning Silverman,
which had been hanging fire since
May, 1934, was ironed out by the local
labor committee at its first meeting
here.
Theatre Seat
Range Up to
1,000 Urged
{Continued from page 1)
he said. Most of the big ones were
designed for the purpose of crowding
in as many seats as possible, regardless
of how well spectators could see the
screen, and it is a continual fight with
overhead charges to support the stage
productions these houses require, he
asserted.
"If the number of seats poorly
adapted for vision requirements were
deducted from the sum total of seat-
ing," he continued, "it would be found
that there is more nearly a condition
of lack of seating capacity than that
of over-seating."
He advocated a study of theatre
standards to determine whether the
present width of film is adequate. In
this respect he said the addition of
five millimeters in film width would
give the picture a better shape and
improve vision. Walks to seats could
be cut to a minimum, in his opinion.
Further study should be made of
tolerable angles of vision, he insisted,
and no patron should be forced to
watch a picture between the heads of
those in front of him.
Continuing the discussion of the
same subject, S. K. Wolf of Erpi said
the ideal shape for a theatre was pro-
portionately 2x3x5, height, width and
length, respectively. Square theatres
are acceptable but not desirable, he
said, and shooting galleries, or long
theatres, should be avoided. He also
made these points:
The Question of Curves
Pronounced, unbroken curved sur-
faces should be avoided. In theatres
where there are deep stages, there
should be as much space behind the
reproducer as between the reproducer
and the front row. On very deep
stages a cyclorama of velour should
be hung behind the reproducer. Ex-
ternal noises should be guarded
against and lobbies should be as far
from the screen as possible. Seat ab-
sorption should also be studied.
Describing the problem of the en-
gineer as one of "creating the illu-
sion of reality," Dr. Alfred N. Gold-
smith included among problems facing
engineers the improvement of film
stock, reduction of the number
of lenses, improvements in blimp
cameras, control boards for lighting
sets, and enhancement of screen illu-
mination.
F. H. Richardson, projection spe-
cialist of Motion Picture Herald, dis-
cussing the subject "The Need for
Uniform Density in Variable Density
Sound Tracks," declared it was im-
possible at present for one-man pro-
jection booths to adjust sound ap-
paratus for compensations in tone due
to varying densities of sound track.
Proper volume level must be provided
so that little or no change of fader
positions will be needed, he asserted.
Other subjects discussed at the
morning session of the four-day
convention at the Pennsylvania yes-
terday were : "Piezoelectric Loud
Speakers," A. L. Williams ; "Sound
Waves and Their Sources," a film
provided by Erpi; "Performance
and Use of Wave Filters, and a
Mechanical Demonstration of Their
Leo Reported
Set for Heac
Of Tri-Ergo]
(Continued from page 1)
plans employed by Erpi and RCA \
be used as models in addition to
schedule by A.S.C.A.P. The abi
of a theatre to pay according to gr
income will be considered, it \
learned.
Reports persist that RCA and Ei
have made overtures to Fox to
both patents, but that he has turner
deaf ear to all offers.
Just how soon the proposed Ami
ican Tri-Ergon branches would
opened could not be learned.
Mississippi Tax Is
Ruinous, Kuykendal
(Continued from page 1)
when he said that he was willing
assist any organization in cleaning
pictures.
All the present officers were
elected.
New Orleans, Oct. 30. — Exhibit
from this city who planned to att
the convention of the Independ
M. P. Theatre Owners at Jacks
Miss., canceled their plans at the !
moment, probably due to the injury
H. S. McLeod, president of the C
States Theatre Owners, received w
he hurt his leg in his theatre.
Warner Has Narroui
Escape from Mot a
{Continued from page 1)
wind and snow flurry, protecting lj
eyes with his arm as he was crossij
a road, but fortunately an oncomi
automobile approaching Warner, w|
could not see, stopped in time.
Warner plans to leave for Nd
York in the next few days.
Goldstein Joins Rex
Jack Goldstein has been named sal
manager for Rex Premiums, Inc., su
sidiary of Progressive Poster Servic
The company will handle Ebony aij
silver ware.
Characteristics," C. E. Lane; "Con
parative Merits of 16mm Sound 1
Optical Reduction and Re-Recording
C. N. Batsel and L. T. Sachtleben.
Afternoon topics, in addition to tJ
papers on theatre design presented 1
Schlanger and Wolf, were: "Poss
bilities of Engineering Developmen
in the Motion Picture Industry-," Gol
smith; report of the projection pra
tice committee, H. Rubin; report
projection screen, committee, J. .
Kurlander ; "Possible Improvemen
in the Changeover System," op(
forum; "The Non-Rorating High L
tensity D.C. Arc for Projection," D.
Joy and E. R. Geib; "The Stablear
Unitwin Motor Generator for the Not
Rotating High Intensity D.C. Arc
I. Samuels; "Electronic Tube Coi
trol for Theatre Lighting," J. R. Mat
heimer and T. H. Joseph ; "Luminoi
Fronts for Theatres," C. M. Cutle
Pictures were shown at the evenin
session.
The convention will continue throug
today and tomorrow and will close tc
morrow night with a banquet
SIDNEY R. KENT GOES ON RECORD
"The White Parade" is the finest motion picture
ever made by Jesse L. Lasky, surpassing even the
greatest hits of his great career. It is a woman's
picture that also appeals to men. It has more
than tears and heart-throbs and laughter — it has
a soul. There is no limit to its profits for the
showman who will get behind it.
Fox Film Corporation
EVERY REVIEWER JOINS
jTl the be* PlC-
interest"
as the »e«S Set
around-"
VoriehpDaily:
Scp^ a decided hit.
evincing in tears
rand laughter."
PARADE OF PRAISE!
* hl*tnan
tuSattheh ' ' '
WJe heart."
r
JESSE L. LtVSKY Product!
The greatest hit of this great producer's career.
LORETTA YOUNG
JOHN BOLES
Directed by Irving Cummings
Screen play by Sonya Levien
and Ernest Pascal
From the novel by Rian James
Adaptation by Rian James and
Jesse Lasky, Jr,
The Book That Rocke
te World With Laughter
.NOW ON THE SCREEN!
Don't be incredulous; don't be surprised; don't
be SHOCKED at ANYTHING you see in this,
the screen scream of the century!... IT'S ALL IN
FUN!... Statues come to life!... Folks are turned
to stone {...Broadway's hot spots are turned
upside down by a bunch of sports who really
know how to go places and do things!... IT'S
A COMEDY CLEANUP!
f SHERMAN'S
Uproarious Production of
THORNE
SMITH'S
Riotous Novel
I
I
A Picture mad
w
ho 1
ove
d"
"ANNE OF Gi
L. M. MONTGOMERY'S
with ANNE SH
TOM BROWN O. P.
THANKSGIVING
(IN
RKO - RADIO PICTURE
Directed by GEORGE NICHOLLS, Jr.
Book published by L. C. Page & Co., Inc.
or the millions
ttle Women"
<EN GABLES
T AMERICAN CLASSIC
EY as "ANNE"
IE HELEN WESTLEY
K ATTRACTION
S)
14
MOTION PICTVRE
DAILY
Wednesday, October 31, 1934
"Cleopatra"
$6,500 High,
Minneapolis
Minneapolis, Oct. 30— "Cleopatra"
topped Minneapolis grosses last week
with a take of $6,500, over par by
$500, at the State.
St. Paul's best bet was "The Bar-
retts of Wimpole Street," also $6,500
and over average by the same amount.
"The Gay Divorcee" pulled a good
$6,000 in its second week at the Or-
pheum here, and "The Last Gentle-
man" was strong at $4,500 in the
Century.
Total first run business in Minne-
apolis was $24,700. Average is $21,000.
St. Paul's total was $19,100. Average
is $16,000.
Estimated takings:
Minneapolis:
Week Ending Oct. 25:
"THE LAST GENTLEMAN" (U. A.)
CENTURY— (1,000), 25c-40c, 7 days.
Gross: $4,500. (Average, $4,000)
"WAGON WHEELS" (Para.)
LYRIC— (1,000), 20c-25c, 7 days. Grossi
$1,700. (Average, $1,500)
Week Ending Oct. 26:
"THE GAY DIVORCEE" (Radio)
ORPHEUM— (2,900), 25c-50c, 7 days, 2nd
week. Gross: $6,000. (Average, $5,500)
"CLEOPATRA" (Para.)
STATE — (2,300) , 25c-40c, 7 days. Gross:
$6,500. (Average, $5,500)
"A GIRL OF THE LIMBERLOST"
(Monogram)
TIME— (300), 25c-35c, 7 days, 2nd week.
Gross: $3,000. (Average, $2,500)
"BLUE DANUBE"
WORLD— (400), 25c-75c, 7 days. Gross:
$3,000. (Average, $2,500)
St. Paul:
Week Ending Oct. 25:
"THE BARRETTS OF WIMPOLE
STREET" (M-G-M)
PARAMOUNT— (2,300), 25c-40c, 7 days
Gross: $6,500. (Average, $5,500)
"THE CASE OF THE HOWLING DOG"
(Warners)
RIVIERA— (1,200), 25c-40c, 7 days. Grossi
$3,500. (Average, $3,500)
"THE AGE OF INNOCENCE" (Radio)
ORPHEUM— (2,000), 25c-40c, 7 days
Music Hall Varieties. Gross: $4,500. (Av-
erage, $4,000)
"THE LEMON DROP KID" (Para.)
TOWER— (1,000), 15c-25c, 7 days. Gross:
$1,800. (Average, $1,500)
"THE LITTLE DAMOSEL"
WORLD— (300), 25c-75c, 7 days. "The
Drunkard" stage play, 2nd week. Gross:
$2,800. (Average, $2,600)
"Divorcee," Show
Big in Providence
Providence, Oct. 30. — Theatres
chalked up another good week with
three houses exceeding their average
takes by comfortable margins.
In the matter of dollars and cents
the RKO Albee topped the list, catch-
ing $9,100 with "The Gay Divorcee"
on the screen and the Revelry Revue
on the stage. The average take for
this house is $7,000. Fay's, also with
an average of $7,000, managed to gar-
ner $8,900 with a combo bill, booking
"Kansas City Princess" and Paradise
Night Club revue on stage. The
Strand had a better -than-average week,
but Loew's and the Majestic were off.
Total first run business was $39,450.
Average is $40,500.
Estimated takings for the week end-
ing Oct. 25 :
"THE GAY DIVORCEE" (Radio)
RKO ALBEE— (2,300), 15c-40c, 7 days.
Stage: "Revelry Revue." Gross: $9,100.
(Average, $7,000)
(Continued on page IS)
"Bike Rider"
Top in Dull
Phila. Week
Philadelphia, Oct. 30. — Business
took a header last week, hitting the
lowest total gross in many weeks.
Only the stage show houses topped
their average, the Earle getting
$14,000 with "Six-Day Bike Rider," a
good figure considering a lack of stage
name. The Fox hit $15,000 with
"Peck's Bad Boy."
Disappointment was "One Night of
Love" at the Stanley. This $11,000 is
a good take, but the film was expected
to go two weeks. It will get a second
run downtown at the Karlton.
Total first run business was $68,550.
Average is $69,200.
Estimated takings for the week end-
ing Oct. 25 :
"MADAME DU BARRY" (Warners)
ALDINE— (1,200), 40c-55c-65c, 6 days.
Gross: $7,000. (Average, $7,000)
"DEATH ON THE DIAMOND" (M-G-M)
ARCADIA— (600), 25c-40c-50c, 3 days, 2nd
run. Gross: $850. (Average, 6 days, $2,400)
"OUTCAST LADY" (M-G-M)
BOYD— (2,400), 40c-55c-65c, 6 days. Gross:
$10,000. (Average. $12,000)
"SIX-DAY BIKE RIDER" (F. N.)
EARLE— (2,000), 40c-55c-65c, 6 days.
Stage: Sylvia Froos; Barney Grant; Vir-
ginia Bacon & Co.; Cass, Mack, Owen and
Topsy, Pischianni Troupe. Gross: $14,000.
(Average, $12,000)
"PECK'S BAD BOY" (Fox)
FOX— (3,000), 35c-40c-65c, 6 days. Stage:
Bennie Davis Revue. Gross: $15,000. (Aver-
age, $12,000)
"THE LAST GENTLEMAN" (U. A.)
KARLTON— (1,000), 30c-40c-50c, 6 days,
2nd run. Gross: $3,200. (Average, $3,500)
"ONE NIGHT OF LOVE" (Col.)
STANLEY— (3,700), 40c-55c-65c, 6 days.
Gross: $11,000. (Average, $12,000)
"WAGON WHEELS" (Para.)
STANTON— (1,700), 30c-40c-55c, 6 davs.
Gross: $5,200. (Average, $6,000)
"POWER" (Gaumont- British)
LOCUST— (1,300), 40c-55c-65c, 3 days, 2nd
week. Gross: $2,300. (Average, 6 days,
$7,000)
"Cristo" Montreal
Leader at $9,000
Montreal, Oct. 30. — "The Count of
Monte Cristo" at the Princess, on a
dual with "Look for the Silver Lin-
ing," played to $9,000, or 50 per cent
above average. It was held over for a
second week.
There was plenty of fun at Loew's
with "The Lemon Drop Kid" and a
stage show headed bv Olsen & John-
son, the resultant take being $12,000.
"Outcast Lady" was responsible for
$10,000 at the Capitol, while the sec-
ond week of "The Barretts of Wim-
pole Street" gave $8,500 to the Palace.
Total first run business was $39,000.
Average is $37,000.
Estimated takings for the week end-
ing Oct. 27 :
"OUTCAST LADY" (M-G-M)
"KANSAS CITY PRINCESS" (Warners)
CAPITOL — (2,547), 25c-35c-40c-50c-60c, 7
days. Gross: $10,000. (Average, $9,500)
"THE LEMON DROP KID" (Para.)
LOEW'S— (3,115), 30c-40c-45c-57c-75c, 7
days. Stage: Olsen & Johnson in "Cavalcade
of Fun." Gross: $12,000. (Average, $10,500)
"THE BARRETTS OF WIMPOLE
STREET" (M-G-M)
PALACE— (2,600), 34c-40c-50c-60c-75c, 7
days, 2nd week. Gross: $8,500. First week,
$12,500. (Average, $11,000)
"THE COUNT OF MONTE CRISTO"
(United Artists)
"LOOK FOR THE SILVER LINING"
(Columbia)
PRINCESS— (2,272), 30c-35c-50c-65c, 7
Gross: $9,000. (Average, $6,000)
Says He's Through
Muncie, Ind., Oct. 30.—
Charles Murray, comedian,
has come back to his home
town, Muncie, and announced
his retirement.
"I'm going to take it easy
now," he said. "They say
the life of a movie actor is
seven years and I've been in
it 18 years longer than that."
Murray is 61 years old.
"One Night,"
Washington,
Hits $11,400
Washington, Oct. 30. — "One Night
of Love" cracked a record at the Met-
ropolitan last week by piling up $11,-
400 in its first full week. This is
$7,300 over normal.
It was a week of big business.
"Judge Priest" ran up to $18,500 in
Loew's Palace, over par by $4,000, and
"The Gay Divorcee" was a mild sen-
sation at RKO Keith's with a take of
$16,000, on the profit side of the line
by $4,600.
"Six-Day Bike Rider," helped by
the fourth anniversary vaudeville pro-
gram at the Earle, took $21,300. "Have
a Heart," with the assistance of Amos
'n' Andy, was good for $22,700 at
Loew's Fox.
Total first run business was $94,600.
Average is $71,200.
Estimated takings for the week end-
ing Oct. 25:
"SIX-DAY BIKE RIDER" (F. N.)
EARLE— (2,218), 25c-77c, 7 days. Stage:
Fourth Vaudeville Anniversary Show, Paul
Ash, m. c, with Maxine Doyle, Guy Kib-
bee, Audrey Sieber, Henry Starr, George
Freems, Lou Barrison, Ginger Pearson,
Four Rockets, Sara Mildred Strauss
Dancers, Tom Gentry & Orchestra. Gross:
$21,300. (Average, $17,600)
"THE BARRETTS OF WIMPOLE
' STREET" (M-G-M)
LOEW'S COLUMBIA— (1,264), 25c-40c, 7
days (return engagement, second week).
Gross: $4,700. (Average, $3,100)
"HAVE A HEART" (M-G-M)
LOEW'S FOX— (3,434), 25c-66c, 7 days.
Stage: Freemen Gosden & Charles Correll
("Amos 'n' Andy"), Alexander & Santos,
Stone & Lee, Chester Frederics & Stewart
Sisters. Gross: $22,700. (Average, $20,500)
"JUDGE PRIEST" (Fox)
LOEW'S PALACE— (2,370), 35c-77c, 7
davs. Gross: $18,500. (Average, $14,500)
"ONE NIGHT OF LOVE" (Col.)
METROPOLITAN— (1,591), 25c-40c, 7
days (return engagement, first full week).
Gross: $11,400. (Average, $4,100)
"THE GAY DIVORCEE" (Radio)
RKO -KEITH'S — (1,836), 25c-55c, 7 days.
Gross: $16,000. (Average, $11,400)
Bartow Theatres Merge
Bartow, Fla.. Oct. 30.— The two
white theatres here have decided to
bury the hatchet and combine. The
Ernada, owned by D. V. Marquis,
and the Bartow, owned by B. E. Gore
of Tampa, have both sold their houses
to a corporation, known as the Tower
Amusement Co. Stock in the corpo-
ration will be held by the former
owners of the property.
Loew Unit in Virginia
Richmond, Oct. 30. — Loew's Thea-
tre & Realty Corp. of Delaware has
been domesticated in Virginia. It is
expected the company will have a
part in the presentation of stage plays
and other attractions at the Lyric.
'One Night,"
At $52,000,
Chicago Wow
Chicago, Oct. 30. — "One Night o
Love" was the week's high spot in the
Loop. The $52,000 take was ovet
normal by $17,400 at the Chicago.
"The Gay Divorcee" was also amonj
the winners. It garnered $26,000, ui
by $4,000, at the Palace, with a vaude
ville show. "Barretts of Wimpoh
Street," in its second week, held ui
to $17,000 at United Artists.
Total first run business was $150,
000. Average is $131,600.
Estimated takings :
Week Ending Oct. 23:
"CHAINED" (M-G-M)
ROOSEVELT— (1,591), 25c-35c-50c, 4t1
week, 7 days. Gross: $8,000. (Average, $11,
000)
Week Ending Oct. 25:
"ONE NIGHT OF LOVE" (Col.)
CHICAGO— (4,000), 25c-35c-68c, 7 day;
B. & K. stage production with Diamon
Brothers, Dick & Edith Barstow, Evan
Girls. Gross: $52,000. (Average, $34,600)
"KANSAS CITY PRINCESS" (Warners
GARRICK— (900), 25c-35c-40c, 7 day:
Gross: $4,000. (Average, $5,000)
"THE HUMAN SIDE" (Univ.)
ORIENTAL— (3,940), 25c-40c, _ 7 day;:
Stage: Blackstone, the magician; Ler
Parker & Co., others. Gross: $17,000. (Av
erage, $15,000)
"THE GAY DIVORCE" (Radio)
PALACE— (2,509), 25c-35c-50c, 7 day
Stage: Salici Varieties, Ben Blue, Funn
Boners, Mann, Robinson & Morton c
stage. Gross: $26,000. (Average, $22,000)
Week Ending Oct. 26:
"BARRETTS OF WIMPOLE STREET
(M-G-M)
UNITED ARTISTS — (1,700), 3Oc-40c-6O
2nd week, 7 days. Gross: $17,000. (Averag-
$17,000)
"A LOST LADY" (F. N.)
APOLLO— (1,400), 25c-35c-50c, 7 day'
Gross: $11,000. (Average, $12,000)
Week Ending Oct. 27:
"THEIR BIG MOMENT" (Radio)
STATE-LAKE— (2,776), 20c-25c-35c,
days. Joe Lewis & Cabaret Revue, ar
vaudeville. Gross: $15,000. (Average, $15
000)
"Divorcee" Sets Up
New Mark in Oman*
Omaha, Oct. 30.— "The Gay Y)\
vorcee" did the best windup of an; :
picture held over here in years, givinj
the Brandeis $6,000 for the second
week. This is $3,500 over par for i
first week, and is a record total fo
two weeks at this house — $13,100.
"The Last Gentleman" and "De
sirable" profited nicely with $9,400 a
the Orpheum, and the World wa
above average with $3,800 on "Crim
Without Passion" and "Gift of Gab.'
"Cleopatra" slumped heavily.
Total first run business was $26,20C
Average is $22,500.
Estimated takings :
Week Ending Oct. 24:
"GIFT OF GAB" (Univ.)
"CRIME WITHOUT PASSION" (Para.
WORLD— (2,200), 25c-40c, 7 days. Gross
$3,800. (Average, $3,500)
"CLEOPATRA" (Para.)
PARAMOUNT— (2,800), 24c-40c, 7 day;
Gross: $7,200. (Average, $8,000)
Week Ending Oct. 25:
"THE GAY DIVORCEE" (Radio)
BRANDEIS— (1,500), 20c-25c-35c, 7 day
2nd week. Gross: $6,000. (Average, $3,500)
"THE LAST GENTLEMAN" (U. A.)
"DESIRABLE" (Warners)
ORPHEUM— (3,000), 25c-40c, 7 day
Gross: $9,400. (Average, $7,500)
Wednesday, October 31, 1934
MOTION PICTURE
DAILY
15
"Cristo" Good
For 5th Week
In Pittsburgh
Pittsburgh, Oct. 30. — Business was
off all over town last week with a
couple of exceptions. The downtown
sensation continued to be "The Count
of Monte Cristo," which did a nice
$5,250 in its fifth week at the Fulton
and could have held over again. The
house, however, was forced to yank
it due to the insistence of several ex-
changes demanding playing dates.
The only other house to turn a
profit was the the Alvin, where "Car-
avan" and a stage show rolled up a
nice $11,750. Otherwise, things were
way off. "Cleopatra," even with a
good show to bolster it, couldn't bet-
ter a very ordinary $18,250 at the
Perm, while "Happiness Ahead"
dipped to $7,200 at the Stanley. The
Pitt slipped again, getting only $5,-
200 with "Young and Beautiful."
Total grosses in six first runs were
552,150. Average is $56,500.
Estimated takings for the week end-
ing Oct. 25:
"CARAVAN" (Fox)
ALVIN— (2,000), 2Sc-40c, 6 days. Stage:
fohnny Perkins, Helen Honan, Three Fon-
:als, John and Mary Mason, Miss Low
Door Lun. Gross: $11,750. (Average,
:10,000.)
COUNT OF MONTE CRISTO" (U. A.)
FULTON— (1,750), 15c-40c, 6 days, 5th
veek. Gross: $5,250. (Average, $4,500.)
"CLEOPATRA" (Para.)
PEXN— (3,300), 25c-75c, 6 days. Stage:
\1 Tarhana, Allen and Kent, DeLong Sis-
ers and Jack Denny's band. Gross: $18,-
■50. (Average, $22,000.)
'YOUNG AND BEAUTIFUL" (Mascot)
PITT — (1,600), 15c-40c, 6 days. Stage:
'Anatol's Affairs of 1935" with Harry
<ose, Jean Boydell and the Seamon broth-
b. Gross: $5,200. (Average, $6,000.)
"HAPPINESS AHEAD" (Warners)
STANLEY— (3,600), 25c-50c, 6 days,
iross: $7,200. (Average, $9,000.)
''OUR DAILY BREAD" (U. A.)
'BIG HEARTED HERBERT" (Warners)
WARNER— (2,000), 25c-40c, 6 days. Gross:
4.500. (Average, $5,000.)
Boston Grosses Prosperous;
"Priest" $6,000 Over Par
Boston, Oct. 30. — The eighth con-
secutive rainy week-end brought joy
and dollars to managers hereabouts.
Takes were up all along the line, with
"Judge Priest" at the Metropolitan
garnering a fine $34,000 at the Metro-
politan. This is $6,000 over the line.
The "Shuffle Along" revue was on the
stage.
"What Every Woman Knows" was
$3,000 up on a $19,000 take at Loew's
State. "Million Dollar Ransom" had
a strong $18,000 at the Boston, the
second week of "The Gay Divorcee"
at Keith's was still on the profit side
of the ledger, and a dual, "Our Daily
Bread" and "Kansas City Princess,"
made money at $10,000 in the Fenway.
Total first run business was $108,-
000. Average is $94,000.
Estimated takings for the week end-
ings Oct. 25 :
"MILLION DOLLAR RANSOM" (Univ.)
BOSTON— (2,900), 25c -50c, 7 days. Vaude-
ville. Gross: $18,000. (Average, $16,000)
"OUR DAILY BREAD" (U. A.)
"KANSAS CITY PRINCESS" (Warners)
FENWAY— (1,800), 30c-50c, 7 days. Gross:
$10,000. (Average, $9,000)
"THE GAY DIVORCEE" (Radio)
(Second Week)
KEITH'S— (3,500), 25c-65c, 7 days. Gross:
$17,000. (Average, $16,000)
"WHAT EVERY WOMAN KNOWS"
(M-G-M)
LOEW'S STATE— (3,700), 35c-50c, 7 davs.
Gross: $19,000. (Average, $16,000)
"JUDGE PRIEST" (Fox)
METROPOLITAN— (4,350), 30c-65c, 7
days. Shuffle Along revue. Gross: $34,000.
(Average, $28,000)
"OUR DAILY BREAD" (U. A.)
"KANSAS CITY PRINCESS" (Warners)
PARAMOUNT— (1,800), 30c-50c, 7 days.
Gross: $10,000. (Average, $9,000)
''Divorcee" Is
Record Maker
In Cleveland
Cleveland, Oct. 30. — "The Gay
Hvorcee" broke a five-year record at
ie Hippodrome with a $16,500 gross.
"Six-Day Bike Rider" more than
oubled Allen average business with
gross of $7,000. "The Last Gentle-
aan," on the same bill with the Fokine
allet and Grace Hayes, played to
?0,000.
Total business was $58,000. Average
I $41,000.
' Estimated takings for the week end-
■g Oct. 26 :
"SIX-DAY BIKE RIDER" (F. N.)
ALLEN— (3,300), 20c-30c-40c, 7 days,
ross: $7,000. (Average, $3,000)
"THE GAY DIVORCEE" (Radio)
WARNERS' HIPPODROME— (3,800), 30c-
ic^, 7 days. Gross: $16,500. (Average,
"LOST LADY" (F. N.)
RKO PALACE— (3,100), 30c-35c-44c, 7
,ys- Gross: $9,000. (Average, $10,000)
'THE LAST GENTLEMAN" (U. A.)
LOEWS STATE— (3,400), 30c-40c-60c, 7
ys. Stage: Fekine Ballett, Grace Hayes.
=U»0) ' Average, with stage show,
fo&JL^J?1*1 NINETIES" (Para.)
U)EW'S STTLLMAN-(l^OO), 30c-35c-
-, 7 days, 2nd week. Gross: $5,500. (Aver-
e, $4,000)
Priest" Big
InK.C; Gets
$9,200 Start
Kansas City, Oct. 30. — "Judge
Priest" is doing tremendous business
at the Fox Uptown, where it is in a
second week. The first week's take
was $9,200, against $3,500 average.
The Tower garnered $8,700, above
par by $1,700, with "I'll Fix It" and
a stage show, while "Gay Divorcee"
in a second week at the Mainstreet
held up well at $7,800. "What Every
Woman Knows," the Midland's fea-
ture, was considerably off at $8,600.
"Wagon Wheels" was below par at
the Newman.
Theatres encountered terrific com-
petition in the American Royal Live-
stock and Horse Show, which hung
up an attendance record of an esti-
mated 200,000 during the week.
Total first run business was $40,300.
Average is $34,500.
Estimated takings :
Week Ending Oct. 24:
"WAGON WHEELS" (Para.)
NEWMAN— (1,800), 25c-40c, 7 days, plus
Saturday midnight show. Gross: $6,000.
(Average, $7,000.)
Week Ending Oct. 25:
"THE GAY DIVORCEE" (Radio)
MAINSTREET— (3,100), 25c-40c, 7 days,
2nd week, plus Saturday late show. Gross:
$7,800. (Average, $7,000.)
"WHAT EVERY WOMAN KNOWS"
(M-G-M)
MIDLAND— (4,000), 25c-40c, 7 days, plus
Saturdy midnight show. Gross: $8,600.
(Average, $10,000.)
"I'LL FIX IT" (Col.)
TOWER— (2,200), 25c-35c, 7 days, plus
Saturday midnight show. Stage: "Fall
Frolics," with Joe & Jane McKenna;
Smith, Strong & Lee; Williams & Fall;
Silver King, and others. Gross: $8,700.
(Average, $7,000.)
Week Ending Oct. 26:
"JUDGE PRIEST" (Fox)
UPTOWN— (2,000), 25c-40c, 7 days.
Gross: $9,200. (Average, $3,500.)
Vaude to Louisville
Louisville, Oct. 30. — Vaudeville
has been returned to the National.
The programs also include a stage
band. • Will Harris, formerly with
B. & K., is directing the stage shows
and Robert Nolan is master of cere-
"Divorcee" Is
Up in Seattle
Despite Storm
Seattle, Oct. 30. — Severe storms
reduced all grosses here last week,
with "The Gay Divorcee" at the
Music Hall the only attraction sur
viving the shock. The $7,200 gross
was over par by $700.
"The Count of Monte Cristo" was
still doing well in the third week at
the Blue Mouse where it is playing
an extended run from the Music Hall.
The take was $3,400.
Total first run business was $27,800.
Average is $31,000.
Estimated takings for the week end-
ing Oct. 26:
"COUNT OF MONTE CRISTO" (U. A.)
BLUE MOUSE— (950), 25c-40c-55c, 7 days,
3rd week of extended run from Music Hall.
Gross: $3,400. (Average, $4,000)
"SERVANTS ENTRANCE" (Fox)
FIFTH AVENUE— (2,450), 25c-40c-55c, 5
days. Gross: $4,400. (Average, $7,000)
"NAME THE WOMAN" (Col.)
"WHOM THE GODS DESTROY" (Col.)
LIBERTY— (1,800), 10c-15c-25c, 7 days.
Gross: $3,750. (Average, $4,000)
"SIX-DAY BIKE RIDER" (Warners)
"MILLION DOLLAR RANSOM" (Univ.)
MUSIC BOX— (950), 25c-35c-50c, 7 days.
Gross: $3,200. (Average, $3,500)
"GAY DIVORCEE" (Radio)
MUSIC HALL— (2,275), 25c-40c-55c, 7
days. Gross: $7,200. (Average, $6,500)
"OUTCAST LADY" (M-G-M)
PARAMOUNT— (3,050), 25c-35c, 7 days.
Stage: Gus Arnheim & Band. Gross: $5,900.
(Average, $6,000)
Arliss Film
Tops Frisco
In Dull Week
"Divorcee," Show
Big in Providence
(Continued from page 14)
"LEMON DROP KID" (Para.)
"WAGON WHEELS" (Para.)
STRAND— (2,300), 15c-40c, 7 days. Gross:
?6,800. (Average, $6,500)
'KANSAS CITY PRINCESS" (Warners)
FAY'S— (1,600), 15c-40c, 7 days. Stage:
Paradise Night Club Revue. Gross: $8,900.
(Average, $7,009)
"WHAT EVERY WOMAN KNOWS"
(M-G-M)
LOEW'S STATE— (3,800), 15c-40c, 7 days.
Maurice at organ. Gross: $7,500. (Average,
$12,000)
"CARAVAN" (Fox)
"BACK PAGE" (Pyramid)
MAJESTIC— (2,400), 15c-40c, 7 days.
Gross: $6,100. (Average, $7,000)
"RICHEST GIRL IN THE WORLD"
(Radio)
RKO VICTORY— (1,600), 10c-25c, 4 days.
Cross: $1,050. (Average, $1,000)
San Francisco, Oct. 30. — "The Last
Gentleman" was the only attraction in
town to develop any strength last
week, and its showing was nothing to
get excited about. The take at the
United Artists was $10,000, over par
by $2,000.
"Kentucky Kernels" made an aver-
age $13,000 at the Golden Gate, and
a dual, "A Lost Lady" and "Mrs.
Wiggs of the Cabbage Patch," was
good for $11,000 at the Paramount,
but elsewhere business was off.
Total first run business was $77,500.
Average is $83,000.
Estimated takings :
Week Ending Oct. 23:
"KENTUCKY KERNELS" (Radio)
GOLDEN GATE— (2,800), 25c-35c-40c, 7
days. Stage, band. Gross: $13,000. (Aver-
age, $13,000)
Week Ending Oct. 24:
"LEMON DROP KID" (Para.)
"BIG HEARTED HERBERT' (Warners)
FOX— (4,600), 15c-30c-40c, 7 days. Gross:
$10,000. (Average, $11,000)
"A LOST LADY" (Warners)
"MRS. WIGGS OF THE CABBAGE
PATCH" (Para.)
PARAMOUNT— (2,670), 15c-25c-S5c-6Sc, 7
days. Gross: $11,000. (Average, $11,000)
"BARRETTS OF WIMPOLE STREET"
(Columbia)
WARFIELD— (2,700), 25c-35c-55c-65c, 7
days, 2nd week. Gross: $22,000. (Average,
$23,000)
Week Ending Oct. 25:
"ONE NIGHT OF LOVE" (Col.)
ORPHEUM— (3,000), 15c-30c-35c-40c, 7
days, 8th week. Gross: $4,500. (Average,
$9,000)
"CLEOPATRA" (Para.)
ST. FRANCIS— (1,400), 15c-35c-55c, 7 days.
Gross: $7,000. (Average, $8,000)
"THE LAST GENTLEMAN" (U. A.)
UNITED ARTISTS— (1,200), 15c-35c-55c, 7
days. Gross: $10,000. (Average, $8,000)
"Wagon Wheels" at
$2,900 in Oklahoma
Oklahoma, City, Oct. 30. — The
best comparative business of the week
was done at the Capitol by "Wagon
Wheels" which took $2,900, up by
$400.
"The Notorious Sophie Lang," with
Jack Crawford on the stage for four
days, was good for $2,300 at the Lib-
erty, but "Crime Without Passion,"
which held the screen for the last three
days of the week without the aid of
a stage show, took only $400.
Total first run business was $12,600.
Average is $13,500.
Estimated takings for the week end-
ing Oct. 27 :
"HIDEOUT" (M-G-M)
CRITERION— (1,700), 10c-20c-36c-41c-56c, 7
days. Gross: $4,000. (Average, $5,000)
"HAPPINESS AHEAD" (F. N.)
MIDWEST— (1,500), 10c-26c-36c-56c, 7
days. Gross: $3,000. (Average, $4,000)
"WAGON WHEELS" (Para.)
CAPITOL-(1,200), 10c-20c-26c-36c-41c, 7
days. Gross: $2,900. (Average, $2,500)
"NOTORIOUS SOPHIE LANG" (Para.)
LIBERTY— (1,500), 10c-15c-26c-36c, Jack
Crawford on stage, 4 days. Gross: $2,300.
(Average week, $2,000)
CRIME WITHOUT PASSION" (Para.)
LIBERTY— (1,500), 10c-15c-26c-36c, 3 days
Gross: $400. (Average week, $2,000)
"St. Louis Kid" Latest
Hollywood, Oct. 30.— Warners have
changed the title of "The Perfect
Week-End" to "The St. Louis Kid."
James Cagney stars.
I
16
MOTION PICTURE
DAILY
Wednesday, October 31. 1934
Predict K. C.
Zoning Will
Start Dec. 1
Kansas City's clearance and zoning
schedule will in all probability be the
first to be adopted by Campi and put
into effect. December 1 looks like the
most probable date for the plan to be
put into operation.
When the schedule came before an
appeal committee in New York nu-
merous independents and circuit opera-
tors in Kansas City notified Campi
that 90 per cent of exhibitors in the
territory were in favor of the plan.
It was also suggested that it be
adopted as of Dec. 1. Other than gen-
eral protests by M-G-M and Para-
mount, no complaints against the plan
were registered.
Recommendations by the appeal com-
mittee will be put before the main
Campi body on Nov. 8, when it is
expected the schedule will be ap-
proved.
Kansas City, Oct. 30. — Protest
against Kansas City's proposed clear-
ance schedule by Paramount and
M-G-M at Campi's code session last
week proved a bombshell here when
the trade learned of the objections
through Motion Picture Daily.
The general impression had been
that all distributors, at least the major
companies, favored the schedule as
submitted. All local exchange man-
agers of major companies, all affiliated
circuit houses and a majority of inde-
pendent exhibitors had approved the
plan and wanted Campi's immediate
adoption.
Retarding Selling Season
The selling season here is being
seriously retarded in the absence of a
clearance and zoning schedule. Adop-
tion of the new plan is urged as de-
sirable for two reasons : to speed
product buys and to stabilize the local
price situation.
The objections by M-G-M and Para-
mount to basing clearance on admis-
sion prices and to making product
available at the same time to subse-
quents charging the same admission are
puzzling to local distributors and ex-
hibitors in view of the fact this method
has been found workable here for the
last five years. Observers fail to
understand the position of the com-
panies in question in light of the fact
all provisions of the schedule are in
line with the clearance principles re-
cently enunciated by Campi.
Various interpretations are placed
on the protest by the two major com-
panies. The version that finds most
credence is that an attempt is being
made to split the Kansas City clear-
ance situation wide open, in which
event "no clearance" would be declared
and the distributors would be able to
sell to the highest bidder on their own
terms.
Another view is that Publix and
Loew's, affiliated with the protesting
companies, may want to return to the
old 25-cent admission here, and, for
this reason, want to assure themselves
of adequate protection for their local
first runs regardless of admission
price.
Handle 196 Appeals
Of the 250 appeals filed
with Campi, 196 have been
disposed of by Code Author-
ity to date.
L. A. Zone Decision
Reversed by Campi
Los Angeles, Oct. 30. — Reversing
a decision of the local clearance and
zoning board, Campi has decided in
tavor of Fox West Coast by ruling
that the Uptown and Forum are in
the same zone.
Warners recently won a victory
when the local board decided that
the two houses were in different zones.
F. W. C. took an appeal and sent
John Bertaro and Port Major to
iMew York to air the situation before
a Campi appeal committee. Before
the local ruling, F. W. C. purchased
its film for the Uptown ahead of the
Forum.
Sustains Philadelphia Ruling
Decision of the Philadelphia clear-
ance and zoning board in the case of
the Fern Rock, Philadelphia, against
Stanley Co. of America, operating the
Colney and Felton ; and Warners,
operating the Lindy, Philadelphia, was
sustained by Campi. The local board
decided that the theatre buying first
run should have a maximum ot seven
days clearance over the other three
houses and the other three houses
should have the same availability on
repeat runs.
Campi dismissed the certification by
the De_s Moines board of a complaint
by Mr. & Mr.s. W. B. Krouse, Mason
City, la., against W. E. Millington,
Mason City, and L. L. Kaplan, Water-
loo, la., on interference of operation of
the Iowa.
K. C. Bank Nights Hit
By Move to Stop Film
Kansas City, Oct. 30. — Stopping
film service is proving a powerful
weapon in the hands of the local
grievance board in its fight against
bank nights. Rather than risk being
deprived of film, exhibitors running
bank nights have decided to comply
with the board's order, upheld by
Campi, to discontinue the practice.
Threats openly voiced that users of
bank nights would fight the order
through a Federal injunction action
have failed to materialize.
J. F. Rigney, one of the last hold-
outs against the order, will discon-
tinue the practice, he said tonight as
the board prepared to serve notice
on distributors tomorrow that they
immediately stop serving theatres
where bank nights are employed.
The premium ban put into effect
last Friday midnight has the
premium users in an uproar. Thirty-
five independents have signed a tele-
gram to Campi protesting the ban,
charging irregularity in conducting the
exhibitor poll on the practice. Sev-
eral have announced they will con-
tinue the use of premiums until the
board actually takes steps to cut off
their film supply.
Cleveland Goes Home
J. W. Cleveland of the Takoma,
Washington, D. C, left for the Capi-
tal yesterday after appearing before
a Campi appeal committee on a clear-
ance case involving his theatre.
Reade to Appeal on
Perth Amboy Award
Walter Reade has appealed from a
decision of the New York grievance
board whereby Aaron Shusterman
was granted 70 pictures for the
Strand, Red Bank, and 68 for the
Roky, Perth Amboy, N. J.
Reade, who operates the Carlton in
Red Bank, was willing to give up the
70 pictures in this situation, but in
Red Bank he says he is in need of
pictures. He has three houses operat-
ing and a fourth to be opened shortly
with only 350 pictures, he states.
Reade's contention is that if he
were to give up 68 pictures in Perth
Amboy he would be stuck for prod-
uct. The decision of the local board
was a joint one for both situations,
and in order to appeal from the Perth
Amboy verdict he must also take ex-
ception to Red Bank. The hearing is
set for Monday.
Long Is Ordered to
Divide with Frels
Dallas, Oct. 30. — On the ground
that the Jefferson Amusement Co. had
been actuated by personal malice to-
ward Rubin Frels and not on sound
business judgment in building theatres
at Victoria, El Campo, Yorktown and
Columbus the grievance board has
ordered a 50-50 split of product be-
tween Frels and J. G. Long.
Long bought the theatres, the board
states, with full knowledge of the cir-
cumstances leading to their construc-
tion. He took over the heavy film
buys of Jefferson.
The decision was not unanimous
and Long has appealed.
Omaha Board Again
Bumps Bank Nights
Omaha, Oct. 30. — For the third time
the local grievance board has ruled
against a bank night in the case of E.
M. Tracy, owner of the Princess at
Storm Lake, Iowa, against G. R. Nor-
man, manager of the Empire in that
city.
Norman, against whom the charges
were filed, indicated he would appeal.
The hearing was without rancor and
when the board rendered a "cease and
desist" order, both plaintiff and com-
plainant left the hearing room arm in
arm.
First Division Expanding
Several exchange deals whereby
First Division will establish its own
trademark are pending in western
cities. The first new branch will be
located in Chicago. Harry H.
Thomas, president, leaves for the
Windy City on Friday to close a
deal and from there will visit other
prospective situations. He will be
gone about two weeks.
Will Distribute "Legong"
World distribution rights to "Le-
gong" outside of the United States
and Canada have been obtained by
Paramount International Corp. The
film was produced by Marquis Henri
de la Falaise de la Coudraye.
No Capitol Holdover
"What Every Woman Knows" will
not be held over at the Capitol, it was
decided yesterday. Amos 'n' Andy
will make personal appearances at the
house starting Friday.
Rule Transfer
Is Illegal, But
Help Theatre
(Continued from page 1)
a profitable basis, the board could d>
nothing else but find him guilty. Loui
Nizer, attorney for distributors, in
sisted that the board hand down i
decision, but stated he would do al
in his power to help him get reduc
tions.
Milton Kusell of Paramount an<
Harry H. Thomas of First Division
in executive session, stated they wouli
help Feldman out and George F
Thompson, impartial member, volun
teered to talk to Columbia and RK(
for the exhibitor.
Ben Roman of the Renaissanc
complained of Vitagraph forcin;
shorts, but the board dismissed th
case when it was revealed that th
contracts in question were signe
Nov. 25, 1933, and approved Dec. 't
five days before the code was pu
into effect. The board ruled it ha
no jurisdiction.
The overbuying complaint of th
Liberty, Freehold, N. J., against Wal
ter Reade was ' postponed two week;
Harry Suchman, attorney for the Lit
erty, and Leo Justin are trying t
adjust the product situation.
Haines-Rogoff Hear
Four Appeal Case
Four appeal cases were heard ye;
terday by Roy Haines and Edwar
Rogoff. Because W. C. Michel, fir;
vice-president of Fox, and alternat
for S. R. Kent, was unexpected!
called to court, no Campi membe
heard the cases.
Tower Theatre, Inc., of Miam
against Paramount Enterprises, Inc
Coral Gables, and Paramount an
Rosetta in Miami on bank night
Fred Kent, attorney, and Leonar
Morrison, division manager for Pari
mount, defended the company. Th
plaintiff was not on hand.
Charles Somma, Bluebird, Peter;
burg, Va., against Loew's and Wilmc
& Vincent houses in Richmond o
clearance and zoning. Walter Vincei
and A. Frank O'Brien represented tr
defendants, while Somma appeared o
his own behalf.
A. E. Lichtman, Booker T Theatr<
Richmond, against Loew's and Wilmf
& Vincent on clearance and zoning.
J. W. Cleveland, Takoma, Was!
ington, D. C, against Seco, Silvt
Springs, Md. The local board grante
the plaintiff seven days' clearance ove
the respondent. Cleveland appeare
for himself while Samuel L. Boyd af
peared for Seco.
Freeport Buying Hit
Century circuit is defendant in a
overbuying complaint filed yesterda
for the Cameo, Freeport, L. I., b
Weisman, Quinn, Allen & Spett. Tl(
complainant contends that the Grov
and Freeport have bought all first ar
second runs in the town, leaving th;
Cameo without an available pictur
Schenck Delays Return
London, Oct. 30. — The return <
Joseph M. Schenck to America h;;
been postponed to later this week.
DAVID LOEW
spends upward
of $12,000,000
annually for film.
He reads
MOTION PICTURE
DAILY
The Industry Buying Power Reads
MOTION PICTURE DAILY
MOTION PICTURE
DAILY
Looking 'Em Over
"The First World War"
{Fox)
The world's film libraries, known and hitherto unknown, passed
through the editorial hands of Laurence Stallings to sum up the results
obtained in "The First World War." It is an excellent job of its kind,
intensified by the cryptic but effective narrative of Pedro de Cordoba.
Epoch-making events in the light of the backwash of the Great War
here parade themselves in authentic newsreel shots, climaxed by the clips
themselves and dramatized as no Hollywood studio could do it by the
inherent drama of the incidents.
The story of preparation for the conflict, as seen through the camera's
eye traveling through many countries, is told through a sort of prelude
and terrific, awe-shaking war shots concentrated into one grand melee
of carnage with no particular attention fastened on the combatants of
any nation.
"The First World War," as impressive and as unrelieved as it is, thus
becomes a dubious quantity as straight entertainment goes. Rather, it is
a serious, thought-provoking document of how nations and men can so
quickly shed their veneer of civilization on the twin altars of political
and economic gain.
The picture will require extensive and intensive exploitation to get
it by these continued depressed times. Deserving of a break becauses it
rates, "The First World War" becomes a questionable grosser.
Production Code Seal No. 040. Running time, 72 minutes.
KANN
MOTION PICTURE DAILY*
HOLLYWOOD PREVIEW
"Limehouse Blues"
(Paramount)
Hollywood, Oct. 30. — London's unknown purple, sector of vivid
excitement, here is revealed on canvas not so colorful, although fairly
interesting.
George Raft, half white, half Chinese, from America's underworld,
takes control of Limehouse by bumping off Montagu Love, former head
man, in Oriental style. Raft's love life conflicts between Anna May
Wong, who loves him, and Jean Parker, an alley denizen whom he loves.
Miss Parker, however, loves Kent Taylor, whom Raft puts on the spot.
Realizing her affection for Taylor, Raft rushes to save him, sacrificing
his own life before police guns.
He gives an undistinguished performance. Miss Parker and Taylor
have played better roles. Miss Wong, although beautiful, is given little
emotional opportunity and all the other players perform adequately but
none stand out. Alexander Hall's direction, usually original and dis-
tinctive, seems hampered here by convenient situations and uninspired
dialogue. The story is an original by Arthur Phillips with the screen
play by the author and Cyril Hume. Harry Fishbeck's photography is
fine.
The production has eye value with a certain glamour. Where melo-
drama is relished this should rate okay. In other spots it assays only a
fair attraction. Production Code Seal No. 300. Running time, 65
minutes.
"The St. Louis Kid," which opens at the Strand this morning, was reviewed
by wire from Hollywood on Oct. 9 tinder its former title, "Perfect Week-
End."
"Transatlantic Merry-Go-Round," this morning's opener at tlie Rivoli, was
covered by Hollywood wire on Oct. 5.
"We Live Again," tomorrow's occupant at the Music Hall, was reviewed
from Hollywood on Sept. 24.
"Kansas City Princess," which debuts at the Roxy Friday, was also reviewed
from the coast by wire on Aug. 7.
18
Probe Is Up
To Make-Up
Of Congress
{Continued from page 1)
Washington believe that films will
bulk more largely in Congressional
activities in 1935 than they did last
season. Demands for restrictive leg-
islation are expected to be made by
various religious bodies which last
surrfmer launched their campaign
against indecent films. Independents
are expected to continue their agita-
tion for the elimination of block book-
ing.
The industry, however, is seen in a
better position to resist adverse action
due largely to its voluntary clean-up
campaign and concessions made in
block booking through greater liber-
ality in the cancellation clause pre-
rogatives under the NRA code.
The make-up of Congress will de-
termine whether pictures are to be a
subject of investigation. If next
month's elections send representatives
of pronounced radical character to
Washington, it is anticipated the in-
dustry will be made the butt of con-
siderable publicity-bringing agitation.
Fight on Sinclair
Praised by Editor
Kansas City, Oct. 30.— The in-
dustry has sufficient reason for seeking
the defeat of Upton Sinclair in his
campaign for governor of California,
declares the Kansas City Journal-Post.
"Upton Sinclair complains that the
motion picture industry has entered a
war against his candidacy for gover-
nor of California," the paper says in
an editorial.
"If we have read the news aright, it
was Mr. Sinclair who started the war,
not only against the motion picture in-
dustry but against all business, which
means also against all employes of
business.
"There are some things about the
movies that we don't like, but we are
with them 100 per cent in their efforts
to prevent Mr. Sinclair from making
California an economic wilderness.
"If the movies are successful in de-
feating Mr. Sinclair, we'll feel like
forgiving them for all their short-
comings."
Rumors Gain of Cut
At Phila. First Runs
{Continued front page 1)
that slashes will be made at some first
runs, with the top cut from 65 to 55
cents. There are rumors also of
policy changes, with the possibility
that the Stanton will be renovated and
S. L. (Roxy) Rothafel may operate
the Mastbaum under Warners.
Felix Feist to Hawaii
San Francisco, Oct. 30.— Felix F.
Feist, general sales manager of
M-G-M, arrived tonight from Holly-
wood and New York en route to
Honolulu for a short vacation.
Pathe Directors Meet
The regular meeting of the board of
Pathe Exchange, Inc., was held yes-
terday. Only routine business was
transacted, according to the company.
Cremation for Tellegen
Lou Tellegen, who died a suicide
in Hollywood Monday, will be cre-
mated on the coast following a Ma-
sonic funeral. Instructions to this
effect were wired west yesterday by
his fourth wife, Eva Casanova, who
said she was complying with the act-
or's wishes.
Astaire Set for 7 Years
Hollywood, Oct. 30. — Radio has
signed Fred Astaire to a seven-year
contract for his exclusive services.
Termer to Chester Hale
Hollywood, Oct. 30.— Chester Hale
has been signed by M-G-M to a new
long term contract as dance director.
V/edwtday, October 31, 19:1
"Divorcee" $9,000
Indianapolis Lea
Indianapolis, Oct 30.— "The G<
Divorcee" was outstanding in a d'j
week. It reached $9,000 at the Ii
diana, over the line by $2,000.
"Judge Priest" finished its fouri
week with $2,000, under par by $50
at the Apollo. "Kansas City Princess
at the Lyric, pulled a good $7,500.
Total first run business was $26,00
Average is $25,000.
Estimated takings for the week en'
ing Oct. 27:
"JUDGE PRIEST" (Fax)
APOLLO— (1,171), 25c-40c, 4th wee-
Gross: $2,000. (Average, $2,500)
"A LOST LADY" (Warners)
CIRCLE— (2,638), 25c-40c, 7 days. Gros^
$3,500. (Average, $4,000)
"THE GAY DIVORCEE" (Radio)
INDIANA— (3,133), 25c-40c, 7 days. GtW
$9,000. (Average, $7,000)
"KANSAS CITY PRINCESS" (Warners
LYRIC— (1,896), 25c-40c, 7 days. Vaud
ville. Gross: $7,500. (Average, $7,000)
"WHAT EVERY WOMAN KNOWS"
(M-G-M)
PALACE— (2,431), 25c-40c, 7 days. Gros
$4,000. (Average, $4,500)
Mrs. Gilman Asserts
Films Promote Crim
Baltimore, Oct. 30.— Films wef
attacked as an incentive to crime h
Mrs. Robbins Gilman, motion pictu:
chairman of the National Congre
of Parent-Teacher Ass'n., in an a(
dress today at the three-day film coi
ference at the Emerson Hotel here
"I have no doubt," she declare
"that much of the kidnapping, trur:
murders and other such crimes conl
mitted in this country are due to til
stimulus given to feeble minds by tl
motion pictures."
Mrs. Gilman also charged that "tl
American film definitely undermin<
confidence in American womanhoo
is a grave war menace and decided:
lowers the prestige of the white ra(
among the people of other races."
In an attack on Will Hays, Mr
Gilman said he could "no longer hie
behind the skirts of the women
clubs," which, she asserted, had "pr<"
tected him long enough." She urg(
support of proposed Federal legisl;
tion providing for a government com
mission to regulate industry practic
and supervise production. Telegran
from abroad asking that restrictior
be placed upon the industry for til
sake of America's prestige were rti
by Mrs. Gilman.
Mrs. Gilman said that if the your
people of the country failed to tal
advantage of the recreational oppo j
tunities open to them the day migl
come when they would be prohibite!
from _ attending film theatres under
certain age.
Magazine Ban Lifted \
Hollywood, Oct. 30.— Publicity d>
rectors, . at a conference today wiU
Jack Grant, new coast representath I
of Motion Picture and Motion Pi
hire Classic, agreed to lift the bt\
which they have maintained again
the two magazines for the past tv
months on stipulation that they suli
mit to studio supervision in cqmmr
with pther fan publications. Tl
magazines will in the future mainta i
their own "white" list of writers.
Loew's Gets Tax Refun
Washington, Oct. 30.— Loew's at
subsidiaries received an income tax r
fund of $74,260 today.
MOTION PICTURE
DAILY
Variety Club Chatter
Vednesday, October 31, 1934
Dhio Grossed
$19,846,000
During 1933
Washington, Oct. 30. — Ohio's 536
im theatres last year had box-office
eceipts of $19,846,000 and payrolls of
4,156,000, while 19 legitimate and
audefilm houses took in $884,000 on
i aggregate payroll of $284,000, it
as reported today by the U. S. Cen-
is Bureau.
The bureau also reported on Illinois,
inouncing that 447 film theatres had
tceipts of $19,454,000 and payrolls of
4,470,000, and 104 legitimate and
audefilm houses took in $13,652,000
id had payrolls of $2,653,000.
Returns on the larger cities showed
hicago to have 189 film theatres with
xx-office receipts of $13,997,000
id payrolls of $3,447,000 and 36
:her theatres with receipts of $9,255,-
X) and payrolls of $1,803,000. Other
linois cities for which figures were
;ported included Rockford, where 11
lm theatres took in $692,000 and had
ayrolls of $96,000; Springfield, with
ght houses taking in $496,000 with
ayrolls of $114,000; East St. Louis,
x houses with receipts of $238,000
id payrolls of $63,000; Peoria, three
lm houses with receipts of $101,000
ad payrolls of $26,000, and five other
teatres with receipts of $507,000 and
ayrolls of $109,000; Decatur, three
im houses with receipts of $89,000
nd payrolls of $19,000 and three other
ieatres with receipts of 222,000 and
ayrolls of $51,000; Evanston, three
Duses with receipts of $303,000 and
lyrolls of $40,000, and Cicero, five
ouses with receipts of $198,000 and
ayrolls of $51,000.
In Ohio, Cleveland reported 76 film
.eatres with receipts of $4,827,000 and
lyrolls of $1,157,000; Cincinnati, 39
-eatres with receipts of $2,825,000 and
lyrolls of $514,000; Dayton, 21
)uses with receipts of $1,236,000 and
lyrolls of $238,000 ; Akron, 28 houses
ith receipts of $1,240,000 and pay-
ills of $260,000; Canton, 10 houses
ith receipts of $622,000 and payrolls
$141,000; Youngstown, six houses
ith receipts of $453,000 and payrolls
$127,000; Toledo, 19 theatres with
■ceipts of $720,000 and payrolls of
79,000; Columbus, 19 theatres with
ceipts of $1,340,000 and payrolls of
■44,000; Lakewood, six houses with
ceipts of $198,000 and payrolls of
■1,000; Springfield, 10 houses with
ceipts of $359,000 and payrolls of
•0,000; and Hamilton, three houses
ith receipts of $155,000 and payrolls
$39,000.
Max Marcus Passes
Cleveland, Oct. 30.— Max Marcus,
, known by the oldtimers in the in-
istry as "Daddy" Marcus, died after
I lingering illness at his home, 13,033
Jclid Ave. He is survived by his
ughter, Mrs. Omalie Miller; a
andson, Henry, and a brother, Ju-
ts Marcus of Dresden, Germany.
Marcus was born in Berlin. When
came to the United States he he-
me affiliated with his brother-in-law,
oe Mark, in Mark's Strand Theatre,
£w York.
He was a pioneer theatre owner
re and an active member of the
eveland M. P. Exhibitors' Ass'n.,
which he was honorary vice-presi-
nt until his retirement from business.
Cincinnati
Cincinnati, Oct. 30. — William J.
Hilliar, who admits he is a magician
par excellence, and, therefore, doesn't
have to prove it, was one of the Kings
for a Day last week, agreeing to per-
form the Indian rope trick without a
rope. He proved to be a better ma-
gician than claimed. He, himself, dis-
appeared, as a result of which Col.
Arthur Frudenfeld, co-king, car-
ried on the program alone, regaling
the barkers with paraphrased Mother
Goose rhymes applying to many of the
members present.
Wednesday afternoons has been set
aside for women between 12 o'clock
and 5 o'clock, during which they are
given use of the club quarters for card
games and similar festivities.
Card nights, which proved so pop-
ular last season, have again been in-
augurated on Friday nights.
Next meeting of the Cincinnati tent
is set for Nov. 12 when Barker Nel-
son Trowbridge is to be the regal one
for the day. He promises some extra-
ordinary talent from his Shubert The-
atre.
Father Cletus Miller, club chap-
lain, made his first appearance of the
season at the tent last week, with the
promise to be among those present at
every meeting henceforth.
New members added to the local
roster include William Mack, United
Artists, and Frank Cole, Lincoln
Theatre.
More Film Men Off
Ontario's Payroll
Toronto, Oct. 30— Three more
heads have fallen in Ontario as a
result of the further political slashing
of Premier Mitchell Hepburn and the
new Liberal Government.
Thomas Scott of Toronto has been
dismissed from the post of director
of the amusements branch, Provincial
Treasurer's Department, in which, for
10 years, he has had his finger on the-
atre taxes, collection of the amusement
tax and administrative details. Scott,
incidentally, was secretary of the M.
P. Exhibitors' Protective Ass'n., the
first organization for independents in
Ontario, prior to his government ap-
pointment.
Another official to go is E. Wood-
burn, Ontario inspector of theatres.
The third to be lopped off was James
J. Moxley of Ottawa, veteran theatre
manager, who has been holding down
the job of registrar of deeds at Ot-
tawa for the Provincial Government.
Moxley is building a new theatre in
the capital.
Scott and Woodburn will not be
replaced. Their offices have been
abolished.
Madison Licenses Cut
Madison, Wis., Oct. 30. — A reduc-
tion in theatre licenses ranging from
$50 to $100 has been approved by the
Common Council. Under the new
schedule, theatres with a seating ca-
pacity of less than 500 must pay an
annual license fee of $50, those with
a capacity of more than 500 and less
than 1,200 are charged a $100 fee and
over 1,200 seating capacity a $200
annual fee. The previous license fee
ranged from $150 to $300.
Washington
Washington, Oct. 30. — Time rolled
back years and years to furnish the
major diversion of the weekly luncheon
of Tent No. 11, spread by Charles
H. Olive and Sidney B. Lust, the
kings for a day, when the 80-odd
barkers and guests were regaled with
photographs taken " 'way back when."
Guests were Isaac Gans and El-
wood Street, director of public wel-
fare of the District of Columbia.
Following the stereopticon glimpse
into the past, the temporary kings pre-
sented Bob Murphy and family, Dor-
othy and Dick, from Loew's Fox
stage show, and Charlie Hill, the
original "tune detective," and Lora
Hoffman, soprano, from the Earle
stage.
During the past fortnight four full
and one associate members have been
added to the register : Pete Macias,
restaurateur and night club operator ;
Arthur Godfrey and Harry C.
Butcher, CBS announcers; Gene
Ford, manager of Loew's Fox; and,
associate member, Harry Summer-
vtlle, managing director of the Wil-
lard Hotel, where the tent has its
quarters.
In the shift of officers on the Variety
Club caused by the recent resignation
of John J. Payette as chief barker
and the advancement of Rudolph Ber-
ger into that position, J. Louis Rome,
former second assistant, was made
first assistant chief barker and Carter
T. Barron was elevated from canvas-
man to second assistant chief barker.
Harry S. Brown, branch manager
for First Division, was appointed can-
vasman to make up the complement of
11 on the board of governors.
Barker Butcher has been added to
the publicity committee for the first
annual dinner and ball on Nov. 24.
Barker Godfrey was put to work on
the entertainment committee.
Canvasman Brown has been named
as chairman of the House committee,
taking the place of Canvasman A.
Julian Brylawski, who has been
given the chairmanship of the mem-
bership committee formerly headed by
Barker Fayette.
Educators Ask Ban
On Brooklyn House
_ The Board of Education has peti-
tioned License Commissioner Paul
Moss to revoke the theatre permit,
granted the Trans Lux Movies Corp.
in 1926 by former License Commis-
sioner Sidney S. Levine, to erect a
theatre adjacent to Erasmus Hall,
High School, Brooklyn.
Moss has reserved decision on the
case until a later date and, meanwhile,
work on the house, which was only
started recently, has been temporarily
halted.
Arklamiss Asks $51^19
New Orleans, Oct. 30.— Claims
held by Arklamiss Theatres against
Saenger Theatres, Inc., total $51,-
919.24, it was learned here today. The
Arklamiss claims, which are part of
Saenger reorganization plans, appar-
ently, cover a number of outside claims
which the company took over as
cheaply as possible.
19
Ask for End
Of "Special
Privileges"
Omaha, Oct. 30. — Calling for the
election of Edward R. Burke, Omaha,
to the U. S. Senate, Division Admin-
istrator, Sol A. Rosenblatt, in the first
of a series of political addresses,
pleaded for the elimination of the
"special privilege."
"Those who challenge President
Roosevelt's principle of abolishing spe-
cial privilege are those who enjoy
special privilege at the expense of the
public welfare," Rosenblatt said.
In addition, he pointed out that the
Roosevelt policies call for war on
crime and graft, to build up the moral
and spiritual values of national life;
likewise a reversal of the trend of the
last three generations by swinging now
in the direction of a wider distribu-
tion of wealth and the opportunities of
the nation.
"Ninety per cent of the banks of
America showed increases in deposits
in the six months from Dec, 1933, to
June 30, 1934," he said. "That means
people are back at work and earning
money. These gains are nationwide."
Among showmen present at Rosen4-
blatt's address were Will Singer, man-
ager of the Brandeis ; Sam Epstein,
president of Epstein Theatres, and
Howard Shortly, representing Harry
Goldberg interests.
Rosenblatt was unable to meet with
the local code board and a luncheon
arranged for him with board members
had to be cancelled. He conferred
shortly with Regina Molseed, code
secretary. Most of his spare time was
spent in visiting his mother, Mrs. Mol-
lie Rosenblatt.
Germany Lists Film
Employes at 7,000
Washington, Oct 30. — Seven thou-
sand people are engaged in- production
in Germany, according to a report by
Acting Commercial Attache Douglas
Miller, in Berlin, to the U. S. De-
partment of Commerce.
Of this personnel, 6,000 are located
in Berlin and 1,000 in Munich. All are
organized in the Film Estate and are
divided among 17 sections.
The actors' section comprises about
5,000, while the remaining 2,000 are
made up of directors, cameramen,
sound men, architects, etc. Out of the
5,000 actors about 3,500 are listed as
solo actors and 1,500 as extras.
At present there is an influx of
extras. Some 300 new applicants for
membership are accepted daily, the
great majority of applicants coming
from theatres, music halls, and caba-
rets in Berlin and other cities.
Mexico City Houses
To Be Open Sundays
By JAMES LOCKHART
Mexico City, Oct. 30.— Film houses
are to be allowed to remain open Sun-
days despite the fact that bakeries,
dairies, butchers, restaurants, saloons
and other activities have been put un-
der the Sabbath ban.
have told you this
W title again and again;
you might as well familiar-
ize yourself with it; you will
hear it again and again.
SCREEN PLAY:— Gives it AAAA and says "A
great picture, amazingly dramatic and delightful
comedy drama in a logical plot to a happy
fadeout."
PHOTOPLAY:— "Better sec this film soon and
spare yourself the ordeal of having all your friends
tell you the story ..... human compelling
naturalness and humor."
SCREENLAND: — "LADY BY CHOICE" eclipses
LADY FOR A DAY— and is THAT an achieve-
ment? You had better not miss this."
MOVIE CLASSIC: — "Entertaining from start to
finish; a banisher of blues; all kinds of praise can
be heaped on the stars for their performances."
SCREEN BOOK: — "May Robson repeats the suc-
cess of her famous hit: 'A LADY FOR A DAY';
highly dramatic . . . excellent comedy touches."
•
with
CAROLE LOMBARD
MAY ROBSON
ROGER PRYOR
WALTER CONNOLLY
Story by Dwight Taylor
Screen play by Jo Swerling
Directed by David Burton
ADY BY CHOICE
.ADY BY CHOICE
■
ADY BY CHOICE
BY CHOICE
DY BY CHOICE
.ADY BY CHOICE
ADY BY CHOICE
ADY BY CHOICE
ADY BY CHOICE
ADY BY CHOICE
ADY BY CHOICE
LADY BY CHOICE
The Leading
Daily
l*e^)«ije>\
%W 1)
Picture
Industry
MOTION PICTURE
DAILY
Alert,
Intelligent
the In
in All
Branches
OL. 36. NO. 104
NEW YORK, THURSDAY, NOVEMBER 1, 1934
TEN CENTS
S. Y. Censor
Clips 2,195
For 1933-34
rain Over Previous Year;
Revenue $170,670.79
Albany, Oct. 31. — During the year
nding June 30 the New York Censor
ioard. known officially as the M. P.
>ivision of the State Education De-
artment, reviewed 8,362 reels of film
• ith 2,195 eliminations, according to
report just submitted bv Irwin Es-
lond, director.
Fifteen films were rejected com-
letely, but two of these were later
evised and licensed.
Eliminations were for the following
easons : indecent, 838 ; inhuman, 79 ;
ending to incite to crime, 511; im-
loral or tending to corrupt morals,
52; sacrilegious, 15.
The number of film subjects viewed
/as 1,769, practically the same as
[l the previous year when the
(Continued on page 6)
3areford to Talk
On Code Cost Plan
Washington, Oct. 31. — Harold S.
Sareford, chairman of the Campi
nance committee, is slated to confer
nmorrow with officials of the amuse-
lents division and the budget branch
f the division of research and plan-
ing of the NRA with respect to
ction to be taken on complaints re-
eived against the producer-distribu-
Dr assessment schedule.
Rather than go through the lengthy
rocedure of a public hearing, it is
(Continued on page 6)
Hrock Joins Fox as
Associate Producer
Hollywood, Oct. 31. — Following his
elease from his four -picture contract
;ith Radio, Lou Brock last night
igned with Fox, where he starts
ork Monday as an associate pro-
ucer. His first will be a musical
ased on an idea of his own.
He has been succeeded at Radio
y Felix Young, whose first produc-
on will be an untitled musical, with
William Powell vehicle, "Star at
fidnight," to follow.
Warner Meeting to
Be Held on Dec. 10
Annual stockholders meeting of
v'arners will be held in Wilmington
n Dec. 10. Five directors will be
(Continued on page 2)
Hoblitzelle
Helps Para.,
Richards Deal
Agreement on Operation
Of Circuit Nearer
Karl Hoblitzelle, Paramount oper-
ating partner for Interstate Circuit,
Texas, has been named intermediary
in the current negotiations between
the Paramount Publix trustees and E.
V. Richards in connection with the
latter's participation in the reorgan-
ized Saenger Theatres picture.
Richards, who has been here for the
past week for conferences with the
trustees on a proposed limitation of his
interest in the new Saenger company,
is understood to be remaining in
town in the hope of concluding the
negotiations within the next few days.
Progress toward an acceptable under-
(Continucd on page 6)
Fleischer Claims
New Depth Effect
A camera attachment which, it is
claimed, provides an economical third-
dimensional film effect has been per-
fected by Max Fleischer and has been
satisfactorily employed in several of
his cartoons released through Para-
mount recently.
Fleischer's development, patents on
which have been applied for, is de-
scribed as being based on the theory
(Continued on page 2)
Garbo Finally Signs
New M-G-M Contract
Reports that Greta Garbo planned
to retire were definitely set at rest
yesterday by official M-G-M announce-
ment that she had signed the contract
which Motion Picture Daily re-
ported on Oct. 8 was awaiting her.
"Tentative Final"
M-G-M has coined a new
term for production pur-
poses. It's a cross between
a tentative title and a final
one.
In changing "Backfield" to
"The Kid from College," the
company calls the latest
name a "tentative final title."
Roll of 1,000
New Year Aim
For the SMPE
Predictions that the S. M. P. E.
membership will pass the 1,000 mark
during the coming year were made
at the annual fall banquet held last
night at the Hotel Pennsylvania as
a feature of the four-day convention.
The present membership is 930,
highest point in the history of the so-
ciety, diners were told last night.
During 1934 the roll has been in-
creased by 375 by the membership
committee headed by E. R. Geib.
Four papers were read and one re-
port was made at the morning
session yesterday. The papers
were : "International Sensitometric
Standardization," W. Clark, Eastman
Kodak ; "Some Factors in Photo-
graphic Sensitivity," S. E. Sheppard,
Eastman Kodak; "Rear Projection for
Process Photography," G. G. Popo-
vici, Eastern Service Studios, and H.
(Continued on page 2)
Rothafel Return as
Roxy Head Opposed
Possibility of S. L. Rothafel re-
turning to the Roxy as operating head
is definitely off. A committee repre-
senting first mortgage bondholders
met Tuesday night to discuss the
Rothafel situation, but decided against
it.
No. California Theatre
Owners Rebuff Sinclair
San Francisco, Oct. 31. — Northern
California exhibitors today rebuffed
efforts of Upton Sinclair, EPIC
candidate for the governorship, to en-
roll them in his fight against "nefari-
ous influences of the moving picture
industry in politics, on the morals and
the industry of the country."
Sinclair's proposal was made in
the following telegram to Morgan
Walsh, president of the Independent
Theatre Owners of Northern Califor-
nia :
"The Hollywood Reporter openly
boasted that the moving picture in-
dustry dominated by Will H. Hays,
Louis B. Mayer, C. C. Petti john and
Irving Thalberg has started a war
against me and raised funds for
(Continued on page 6)
Fox Re-Signs
Kent; Rumors
Of Shift End
W. C. Michel, John Clark
Get Pacts, Too
Sidney R. Kent continues as presi-
dent of Fox Film for another three-
year period.
The board of
directors, in a
meeting yester-
day, abrogated
his existing pact
and substituted
in its place a
brand-new con-
tract tying him
to his present
association for
36 more months.
Persistent re-
ports, published
principally in
H o 1 1 y wo o d
S.dney R. Kent J™** PaPer|> *?
the effect Kent
was considering a new Alma Mater,
were thereby officially laid low.
It was disclosed at the same time
that W. C. Michel, executive vice-
president, and John D. Clark, general
manager of distribution, had been
signed to new contracts for a similar
term of years.
The members of the board joined
(Continued on page 2)
Fox 39-Week Net
Is $1,506,212.67
A net profit of $1,506,212.67 after
Federal taxes for the 39 weeks ended
Sept. 29 was reported yesterday by
Fox Film. This compares with a
loss of $226,345 for the similar period
of 1933. Earnings for the 39-week
period of this year are equivalent to
61 cents per share on "A" and "B"
stock. The consolidated earned sur-
plus at Sept. 29 stood at $3,251,650.
In the third quarter the profit from
operations before Federal taxes was
$356,971, compared with a profit of
$256,061 for the same quarter of 1933.
Theatre operations of Wesco Corp.
are not consolidated because of the
bankruptcies of the principal operating
subsidiaries of that company.
Stage Pinning Hope
On 1934-35 Season
Legitimate theatres in New York
are pinning their hopes on the 1934-35
season. If it is as bad as some of its
(Continued on page 2)
MOTION PICTURE
DAILY
Thursday, November I, 193'
MOTION PICTURE
DAILY
(Registered U. S. Patent Office)
Fox Re-Signs Kent;
Shift Rumors End
Vol. 36
November 1, 1934
No. 104
Martin Quigley
Editor-in-Chief and Publisher
13
MAURICE KANN
Editor
JAMES A. CRON
Advertising Manager
Published daily except Sunday and holi-
days by Motion Picture Daily, Inc., sub-
sidiary of Quigley Publications, Inc.,
Martin Quigley, President; Colvin Brown,
Vice-President and Treasurer.
Publication Office: 1790 Broadway, New
York. Telephone Circle 7-3100. Cable ad-
dress "Quigpubco, New York." All con-
tents copyrighted 1934 by Motion Picture
Daily, Inc. Address all correspondence to
the New York Office. Other Quigley pub-
lications: MOTION PICTURE HERALD,
BETTER THEATRES, THE MOTION
PICTURE ALMANAC and THE CHI-
CAGOAN.
Hollywood Bureau: Postal Union Life
Building, Vine and Yucca Streets, Victor
M. Shapiro, Manager; Chicago Bureau: 407
South Dearborn Street, Edwin S. Clif-
ford, Manager; London Bureau: Remo
House, 310 Regent St., London, W. 1,
Bruce Allan, Representative. Cable address:
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Paris Bureau: 19, Rue de la Cour-des-
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Bureau: Viale Gorizia, Vittorio Malpassuti
Representative; Sydney Bureau: 102 Sus
sex Street, Cliff Holt, Representative; Mex
ico City Bureau: Apartado 269, James
Lockhart, Representative; Glasgow Bureau:
86 Dundrennan Road, G. Holmes, Repre-
sentative; Budapest Bureau: 3, Kaplar-u,
Budapest, II, Endre Hevesi, Representa-
tive; Moscow Bureau: Civtzev Vrazhek,
N. 25, Apart. 146, Moscow, U. S. S. R.,
Bella Kashin, Representative. Cable ad
dress: "Samrod, Moscow."
Entered as second class matter, January
4, 1926, at the Post Office at New York
City, N. Y., under Act of March 3, 1879.
Subscription rates per year: $6 in the
Americas, except Canada $15 and foreign
$12. Single copies: 10 cents.
Stage Pinning Hope
On 1934-35 Season
(Continued from page 1)
recent predecessors, the future of the
stage for years to come will be affect
ed, according to a survey made by
the Billboard's Theatrical Index.
Profits in 1933-34, the survey
shows, were better than in the pre-
vious year for some attractions, but
many of them dropped below the pre
vious year. Roadshows have picked
up slightly.
Balaban, Immerman In
John Balaban and Walter Immer
man of the B. & K. circuit arrive from
Chicago today to conclude negotia-
tions for Paramount product. Barney
Balaban has been here for the last
three days and plans to spend another
week conferring with home office
executives.
Don Bell Takes His Life
Brawley, Cal., Oct. 31.— Don Bell
65, co-inventor of the projection ma
chine, ended his life here today by in
haling gas from his car exhaust. Poor
health and business reverses were
blamed.
Lesser, Cline Sail
Genoa, Oct. 31. — Sol Lesser, Eddie
Cline and ®eorge O'Brien are aboard
the Rex, which arrives in the United
States on Nov. 7.
(Continued from page 1)
with the representatives of the Chase
National Bank, the largest Fox stock-
holders, in passing a resolution en-
dorsing the work of the management
and expressing pleasure at results of
the last two years.
Skouras Set on FWC Pact
Los Angeles, Oct. 31. — Charles
Skouras and Edward Zabel, his sec-
retary, are expected to leave New
York Friday for the coast after work-
ing out details for reorganization of
Fox West Coast. It is understood
Skouras is set for a new five-year
operating contract as a result of his
work in realigning the coast setup.
Fleischer Claims
New Depth Effect
(Continued from page 1)
of a shortening of the perspective
point in the camera. The process
employs a machine, said to weigh more
than a ton and composed of 500 work-
ing parts yet, according to Fleischer's
estimates, its use would not increase
production costs more than 15 per
cent. He claims its advantages are
even more apparent in feature film
photographv than in cartoons and as-
serts that the process would not re-
quire new or altered projection equip-
ment and is designed for exhibition
on standard screen surfaces.
Samples of the process appear in
the colored cartoons, "Poor Cinderel-
la" and "Little Dutch Mill."
Loew's Tax Refund
Details Given Out
Washington, Oct. 31. — How the
income tax refund of $74,260 awarded
yesterday to Loew's and its subsidi-
aries breaks up was revealed in de-
tailed figures made public today by
the Bureau of Internal Revenue.
Overassessments admitted by the
bureau were as follows :
Loew's, $6,485.63; Brevoort Hold-
ing Co., $483.51 ; Humanova Produc-
ing Co., $286.94; International Vaude-
ville Co., $78.85; Loew's Memphis
Theatre Co., $350.81 ; Marcus Loew
Booking Agency, $105.48 ; Marcus
Loew Realty Corp., $338.55 ; Mascot
Amusement Co., $36.48; Monarch
Amusement Co., $283.89; New Broad
Co., $281.79; Putnam Theatrical
Corp., $3,834.61; Seventh & Broadway
Building Co., $2,606.41; Greeley
Square Amusement Co., $715.79.
Skouras Men Meet
Managers of Skouras Manhattan,
Bronx and Westchester houses held
their weekly meeting yesterday with
William White, division manager, pre-
siding. Bookings and other details
were discussed. In the morning the
managers saw "Pursuit of Happiness"
at the Audubon.
George Rich and Jules Laurent,
Long Island division managers, held
a meeting of their forces on Tuesday.
Breen Returns West
Joseph I. Breen, Production Code
Administrator, left New York for
Hollywood yesterday.
Cammack to Become
An Aide to Reisman
St. Louis, Oct. 31. — Ben J. Cam-
mack, manager of the local Warner
exchange, has resigned and has joined
Radio as assistant to Phil Reisman,
in charge of foreign activities. Cam-
mack is now in New York and in a
few weeks will leave for South Amer-
ica to take charge of RKO in Argen-
tina and Brazil, making his headquar-
ters in Buenos Aires.
James Winn, Warner manager in
San Antonio, succeeds Cammack here.
Efforts to reach Phil Reisman and
Ned Depinet for further details last
night were unavailing.
Many on Ampa Program
Talent lined up for today's Ampa
meeting includes Nick Lukas, Con-
stance Collier, Herbert Rawlinson. the
Three X Sisters, Dizzy and Daffy
Dean, Harry Ellis, Sylvia Simms,
Dave Fine, Robert Simmons, and
Sophie Tucker, if her boat arrives in
time.
Major Edward Bowes will be guest
chairman and C. Edward Carrier will
introduce six finalists in the Loew
M-G-M-Dai!y Mirror contest.
Radio in Trinidad Deal
A deal for the complete Radio line-
ups for this season and last has been
closed by the RKO Export Corp. with
the British Colonial Film Exchange,
Ltd., of Trinidad, British West
Indies.
Eastman Up 2y8 on Big Board
Net
High Low Close Change
Columbia Pictures, vtc 35 3454 35 + 54
Consolidated Film Industries 354 354 3J4 + H
Consolidated Film Industries, pfd 1554 1554 — 54
Eastman Kodak 10554 10454 10554 +2V&
Fox Film "A" 1254 1254 1254 + %
Loew's. Inc 2954 29 2954 + 44
Loew's, Inc.. pfd 96 96 96 +15^
Paramount Publix VA 4 4 —
Pathe Exchange 154 l^g 154
Pathe Exchange "A" \Z>A 12$i \2$i — %
RKO 2 lS/g m — 5?
Warner Bros 454 454 454 — H
Technicolor Up Half on Curb
Net
Close Change
1234 + 54
2 - Vt
Roll of 1,000
New Year Aim
For the SMPI
(Continued from page 1)
Griffin, International Projector Corp
"The 16mm Sound Film Outlook
W. B. Cook, Kodascope Librarie
The report was from the color con
mittee. The committee reported th
for some months it had been workir
on a glossary of technical and pr<
prietary terms used in color photo;
raphy and that the results would 1
published in the society's journal.
The banquet was held at 7:30
the ballroom of the hotel. Its prii
cipal feature was an address by D
F. B. Jewett, vice-president of A.
& T. Laboratories, Inc. An awai
for the best paper submitted for tl
society's journal during the year we;
to Dr. P. A. Snell, who has sim
passed away. It was received by h
widow.
Dancing and other Hallowe'en fe
tivities followed the dinner.
The convention will close wii
morning and afternoon sessions t<
day.
Warner Meeting to
Be Held on Dec. J
(Continued from page 1)
elected for a term of two years. On
stockholders of record Nov. 2 will 1
permitted to vote.
On Dec. 18, the board ol irecto
meets in New York to elect officer
At this time the present executr
personnel is expected to be continue
without change.
Directors whose terms expire a
S. P. Friedman, Sam E. Morris, Mo:
ris Wolf, C. S. Guggenheimer ar
J. P. Laffey. Reelection of the pre
ent executive setup by the new boat
is certain.
High Low
Technicolor 13 1231
Trans Lux 254 2
Paramount Publix Bonds Off 2%
High Low Close
Keith B. F. 6s '46 6354 6354 6354
Loew's 6s '41, ww deb rights 10354 10354 10354
Paramount F. L. 6s '47 ,. 5654 55 55
Paramount Publix 554s '50 5654 55 55
Warner Bros. 6s '39, wd 58 58 58
Net
Change
-254
-234
Sales
200
100
400
300
100
1,700
100
3,900
300
200
4.400
2,900
Sales
12
9
Sales
1
3
21
14
6
Gets Award Saturday
Formal presentation of the Phot-
play gold medal for 1933, awarded
Radio's "Little Women," will be ma<
Saturday evening in the NBC studipj
The ceremony will be broadcast ov
the NBC network, with WJZ the loc
outlet. Kathryn Dougherty, editor f
the magazine, will present the awai
and Ned Depinet, head of RKO Di
tributing Corp., will accept it for tl
producers.
New House for Shorts
Sam Jax Theatre Corp. has clos<
a deal with the Erlanger interests i
take over the Gaiety on Broadway f<
shorts and newsreels. Because of
temporary deadlock with the unit
on the operators' scale, the date f<
opening has not been set.
Sues Over Word Procei
Trimble De Roode filed an i
junction, accounting and damage si
yesterday against Universal over t'
use of an animated word proce
claimed to be patented by him. Oth
suits will follow, it is understood.
Gets Liberty Franchise
Budd Rogers, general sales rrianag
of Liberty Pictures, has closed a fra
chise deal for his company's^ curre
lineup with Metropolitan Film E:
change, for Seattle and Portland.
"HELLO!
IS MISTER
THOMAS OF
MICHIGAN
AMONG
OUR
READERS
TODAY!"
We got that awfully swell
letter you wrote.
We're taking the liberty of
reproducing it.
"Dear M-G-M:
I played your colored short 'HOLLAND
IN TULIP TIME' with The com-
merits on the short exceeded those on the
feature, this in spite of the fact that
is an outstanding attraction. Your com-
pany's shorts have been splendid. Sincerely,
MARTIN THOMAS."
BRAUMART THEATRE COMPANY,
(operating theatres in 4 cities in Michigan.)
Thanks so much, Mr. Thomas! And wait 'till
you see the next Fitzpa trick Traveltalks in
Technicolor"Zion, the Canyon of Color" and
"Ireland, the Emerald Isle." M-G-M's pride.
HOLLAND/
IN TULIP 1
TIME-
^/'TZPATR/CK
TRAVEL TALK lN
vsTeCHN(COLO/^
<0 .*
O ^ -A
O ^ p
A Reliance Picture
Produced by
E DWAR D SMALL
Released thru
UNITED ARTISTS
IERRY-CO-ROUND
JACK BENNY
NANCY CARROLL
GENE RAYMOND
SYDNEY HOWARD
MITZI GREEN
S I D S I LVER S
FRANK PARKER
THE BOSWELL SISTERS
* Sidney Blackmer •
Ralph Morgan - Shirley Grey
Sam Hardy - William Boyd
Jean Sargent - Patsy Kelly
MOTION PICTURE
DAILY
Thursday, November
N. Y. Censor
Clips 2,195
For 1933-34
(Continued from page 1)
total reached 1,762. There was a
drop in the number of cuts, how-
ever. In 1933-1934 scenes and titles
eliminated totalled 3,035, but 1,242
were of titles of silent pictures, leav-
ing a total of 1,793 scenes cut in 1932-
1933. This, apparently, is an increase
of 402 in the number of scenes cut
in the 1933-34 year.
Net revenue to the state for 1933-34
was $170,670.79. Receipts for the year
were $231,497.88. Expenses totalled
$60,827.09. The net revenue was a
gain of $8,973.32 over the previous
year. Since the organization of the
commission in 1921 the net profit to
the state has been $1,688,764.63.
"The fact the 8,362 reels of film
were reviewed during the year, that
15 pictures were rejected outright, and
that 2,195 eliminations were made on
statutory grounds, will give some idea
of the amount of work that is done,"
Esmond reports. "During the entire
time that this division has been in
operation, we have succeeded in keep-
ing off the screen pictures exploiting
prostitution, venereal disease, white
slavery, narcotic drugs, unnatural love,
sterilization, nudism and films de-
structive of our form of government.
We have also eliminated a very great
number of scenes of lust, crime, inde-
cency and immorality, as well as
scenes that are inhuman and sacri-
legious."
Rosenblatt Speaks
Upon Film "Morale"
Omaha, Oct. 31. — Though un-
scheduled, Sol A. Rosenblatt, code
administrator, took a few minutes off
from his political campaigning shortly
before he departed to address the
Omaha Council of Jewish Women on
motion picture "morale."
He praised the National Council
of Jewish Women in congressional
activities and said "much can be done
to elevate the morale of films if you
women as mothers will select the
pictures your children shall see."
Wants New Film Setup
Baltimore, Oct. 31. — The sugges-
tion that pictures for the young be
taken out of the hands of "individuals,
organizations and companies conduct-
ing recreation for personal profits or
dividends for stockholders" and placed
in those of educators and dramatists
of professional standing was made
today by Mrs. Robbins Gilman, mo-
tion picture chairman of the National
Congress of Parent-Teacher Ass'n.,
at the close of a three-day film con-
ference at the Emerson Hotel here.
She urged the formation of new pro-
duction and distribution agencies.
Schulberg Completes
Paramount Contract
Hollywood, Oct. 31. — B. P. Schul-
berg has completed his current con-
tract with Paramount. He said he
was not sure whether he would renew
with Paramount. He leaves for New
York around Dec. 1.
No. California Theatre
Owners Rebuff Sinclair
Bareford to Talk
On Code Cost Plan
(Continued from page 1)
probable tomorrow's conference will
result in some concessions to straight-
en out the complaint of the Mono-
gram group without disturbing the
setup for the major integrated com-
panies. The only complaints received
have been from this group, it was
said, and it is believed a satisfactory
compromise may be worked out with-
out difficulty.
No further complaints have been
received against the exhibitor sched-
ule, and it will be given the Recov-
ery Administration's approval. The
only kick against the schedule was
from Allied of Wisconsin.
Expect Calm Hearing
On Agents' Control
Washington, Oct. 31. — Hearings
on the recommendations of the agency
committee, which open tomorrow, are
destined to be devoid of fireworks,
it is indicated by the lack of applica-
tions for time reported today by Dep-
uty Administrator William P. Farns-
worth.
So far, Farnsworth said, he has re-
ceived no applications and is without
any idea who, if anybody, will appear.
It is probable that the hearings will
not be heavily attended, it having been
reported that few of the Hollywood
producers felt it necessary to send
representatives across the country.
As far as can be learned, about
the only subject on which there may
be any serious division of opinion is
the attendance of agents at meetings
between producers and actors with
respect to matters other than employ-
ment.
K, C. Moves to Stop
Rigney Film Service
Kansas City, Oct. 31. — The griev-
ance board moved swiftly today for
the first time to compel compliance
with decisions instructing all distribu-
tors to stop film service to J. F. Rig-
ney of the Westport Theatre following
his failure to comply with the order
to discontinue bank nights.
Radio stopped service immediately,
refusing delivery of the picture Rigney
advertised for tonight's showing. The
board's instructions affect contracts
with all distributors negotiated after
Dec. 7, last year's code effective date,
but check by Grace Gannon, board
secretary, reveals it immediately affects
only Radio, as Rigney bought from
other companies before that date.
However, all distributors will comply
with the order not to service new
product or negotiate new contracts.
E. S. Young, another Kansas City ex-
hibitor, ordered to quit bank nights,
filed a compliance certificate and is in
the clear.
Sunneman Recovering
Fayetteville, Ark., Oct. 31. — W.
F. Sunneman of Malco Theatres is
recovering at his home here from
injuries received when his car turned
over three times on a hill.
(Continued from page 1)
my defeat. I have openly charged that
the moving picture industry has been
exhibiting through producer-owned
theatres false propaganda by donating
free trailers falsely setting up what
purports to be an impartial survey
of conditions in California.
"I have begun a campaign asking
for a full and complete Congressional
investigation of all of the activities of
the moving picture industry including
block booking and blind buying, also
toward Federal supervision of the in-
dustry.
'Will the independent exhibitors,
regardless of the success of my can-
didacy, join in the fight which I have
begun against the nefarious influence
of the moving picture industry in
politics, on the morals and the in-
dustry of the country. A copy of this
telegram should be sent to P. S. Har-
rison, New York City."
Text of Walsh's Reply
Walsh's reply follows :
"In mv opinion, the Independent
Theatre Owners of Northern •Cali-
fornia have no desire to follow you
politically nor have you lead our bat-
tle in connection with controversial
subjects within our industry. It is
my personal observation that you have
suddenly become the champion of the
independent theatre owners and I am
suspicious that your motives are po-
litical.
"I do not believe that the cause of
the independent theatre owners any-
where in America would be helped by
the injection of yourself into the pic-
ture. It is my personal opinion that
your interest in our behalf would in-
jure our cause rather than help it.
"I am sending a copy of my reply
to P. S. Harrison so that he may
not confuse the real issue out here
which is a fight of good California
Americans to preserve American
ideals.
"Many thanks, but we will fight
our own battles."
Upton Sinclair's telegram to Mor-
gan Walsh definitely ties in P. S.
Harrison, publisher of Harrison's Re-
ports, weekly reviewing service, with
the former's move for a Congressional
probe of the industry. In the past,
Harrison has been a strong champion
of Allied and is known for his con-
stant support of what is described,
sometimes erroneously, as the "under-
dog."
In virtually all of his writings, Har-
rison has been persistently opposed to
the policies of the major companies.
Sinclair Asks N. Y.
Tax Upon Negatives
Los Angeles, Oct. 31. — A New
York tax on film negatives was sug-
gested today by Upton Sinclair in a
wire to Mayor La Guardia advising
the latter that producers were escap-
ing the California tax by having nega-
tives printed in New York.
"If you tax them in New York and
we tax them in California," Sinclair
wired, "they will no longer be able
to escape their just share of the
support of government."
Hoblitzelle
Helps Para.,
Richards Dea
(Continued from page 1)
standing is said to have been, ms
since Hoblitzelle entered the situati-
The negotiations are understood
center on an adjustment of the pr
visions for participation of Richer
and Paramount, respectively, in tl
stock of the reorganized Saenger cor
pany. Under the original provisio
Richards was to acquire all of t.
Class A stock of the new compan
for $25,000, while Paramount was I
retain all of the Class B shares. Tl
trustees, it is understood, now fel
that these provisions should be r]
vised in some measure in Paramount!
favor. No definite plan, however, hf
as yet been devised.
Worcester Theatre
Financing Approve*
A plan of refinancing a $400,0^
mortgage on Paramount's Capit(i
Worcester, Mass, was approved ye
terday by Federal Judge Alfred
Coxe.
Under the plan New England TH
atres Corp., a Paramount subsidiar
purchases the mortgage note f
$305,000 from Worcester Bank
Trust Co., now in liquidation, in ord
to avoid foreclosure on the Capiti
Olympia Theatres, also a Paramou
subsidiary, makes a payment of $55,0
principal amount on the note and N« |
England sells a $225,000 participate '
in the balance to the First Nation |
Bank of Boston. Maturities will th
be paid off at the rate of $20,0
annually. New England will lease t'
Capitol from Olympia for four yea
at $30,000 per year plus taxes ai
other charges.
George J. Schaefer, Paramount ge
eral manager, was granted leave ye
terday by Judge Coxe to file a delay'
claim against Paramount Publix on ;
employment contract. The petition wj
not opposed by counsel for the Par.
mount Publix trustees.
Texas Theatres Get
$12,607,000 in '3
Washington, Oct. 31. — Box-offi
leceipts of 508 Texas film theatres la
year totaled $12,607,000, while receip
of seven legitimate and vaudefil
theatres were $218,000, according
figures released today by the U.
Census Bureau.
Payrolls of the film theatres for tl
year aggregated $2,253,000; for tl
other houses, $50,000.
Thirty-one houses in Dallas report,
a take of $1,715,000 and payrolls ;
$287,000, the bureau reported, whi
14 houses in Houston took in $1,29/
000 and had payrolls of $234,000 ; ar
12 San Antonio theatres receiv,
$998,000 and had payrolls of $183,00(
Durante for Stage Rol
Hollywood, Oct. 31. — Ralph Fa
num has negotiated a deal wi'
M-G-M for a loan of Jimmy Duran
to star in Lew Brown's stage produ
tion "Calling All Stars." Duran
will start east immediately followir
completion of "Carnival" f<
Columbia.
hursday, November I, 1934
MOTION PICTURE
DAILY
$taub Contract Renewed
Hollywood, Oct. 31. — Ralph Staub,
|g charge of shorts at Warners, has
jenewed his contract with J. L.
iVarner for another year. The new
,eal calls for him to direct as well as
iroduce.
°aul Munis to Come East
Hollywood, Oct. 31. — The Paul
Hunis are slated for a New York va-
tation as soon as the actor finishes
le title role in "Black Hell" for
Varners.
Zalmine Shifts Managers
Pittsburgh, Oct. 31. — Harry Kal-
line, zone manager for Warner
Brothers here, has just shifted three
managers in the Oakland-East
Liberty districts. Lyle Harding.
N.Y. STRAND- NOW
*5fS
SHOULD YOU STAY AWAY
FROM COLLEGE MEN . . .
When You're Picking a Husband?
Six college-graduate stars say, "College men
shouldn't marry — till they can learn how to swap a
cap and gown for a pair of overalls and a diploma
for a meal ticket!"... See why "just out of college"
means "just out of luck" for thousands, in this un-
forgettable romance of today's youth — and the
girls they love — stranded at the cross-roads of life!
GENTLEM
ARE BORN
,A First Notional Picture with
it College -Graduate Stars
FRANCHOT TONE
JEAN MUIR
MARGARET LINDSAY
ANN DVORAK
ROSS ALEXANDER
NICK FOR AN
former assistant manager of the Re-
gent, recently made Cameraphone
manager, goes to the Regent ; Harry
Thomas goes from the Regent to the
Schenley, and Sam Gould shifts from
the Schenley to the Cameraphone.
It looks like the
best show in townf
TOMORROW
defy the Police of Syracuse!
will arrive in town tomorrow un-
armed and without disguise!
will steal a million in jewels from
under the very eyes of the law!
will put your wits — your courage
— your nerves to a test that only
a superman can stand!
AM A
THIEF
..BUT WHO AM I?)
STARTS FRIDAY, NOV. 23 IN 100's OF
THEATRES
•Ml
•Mi
v\cto*
#1
* 'SKS'"*'
7L
^0
Uory and Screen Play by WALLACE SMT
Directed by
LEWIS MILESTONE
A COLUMBIA PICTURE
Picture
Industry
MOTION PICTURE
DAILY
Alert,
Intelligent
the In
in AH
Branches
OL. 36. NO. 105
NEW YORK, FRIDAY, NOVEMBER 2, 1934
TEN CENTS
i First Year
From Hearst
For Warners
learst Metrotone News
Stays with M-G-M
Hollywood, Nov. 1. — Cosmopoli-
n's six for 1934-35, two or three of
Ihich will be from Marion Davies,
ill be released by Warners instead
: M-G-M under the terms of the
Bw deal signed yesterday.
This means that the Davies pic-
ires scheduled for the M-G-M list
•ill not be made for this company,
at will go on the ^/amer list when
osmopolitan switches affiliations Jan.
the date of the expiration of the
resent Cosmopolitan-M-G-M agree-
lent. It is reported that the first
»avies vehicle under the new deal
-ill be a Sidney Skolsky story,
Movie Queen."
Release of Hearst Metrotone News
'ill continue with M-G-M.
The agreement for the new arrange-
lent was made directly between Hat-
ick, vice-president of Cosmopolitan,
nd Jack L. Warner, vice-president
i charge of production for Warners.
Cosmopolitan Pictures, a subsidiary
f Cosmopolitan Corp., is headed by
(Continued on pane 7)
[ri-Ergon Allowed
ToSuePara.-Publix
A Federal court order which per-
nits American Tri-Ergon to proceed
gainst Paramount Publix for an in-
unction and accounting or other liti-
:ation in connection with the Tri-
"rgon double print and flywheel pat-
nts was signed yesterday by Fed-
ral Judge Alfred C. Coxe.
The order was issued when Judge
roxe granted a Tri-Ergon petition to
ift the Federal court decree, as it
pplied to Tri-Ergon, which restrains
(Continued on page 7)
Browne, Barr Busy
On Circuit Merger
Maurice Browne and Bernard Barr
ire canvassing local independents in
ine with the movement on foot to
nerge about 100 unaffiliated theatres
nto one large circuit. Under the
)lan exhibitors would retain a 51
*r cent stock interest in their the
itres which would be grouped into
me powerful buving unit.
So far no exhibitor has signed up.
Some have turned the plan down cold
nit the general idea has not yet been
Iropped.
Bare ford Reaches Agreement
With NRA On Code Cost Plan
Washington, Nov. 1. — Conferences between Harold S. Bareford
and officials of the National Recovery Administration today re-
sulted in agreement as to treatment of the producer-distributor
assessment schedule to meet the protests lodged by independents.
Bareford discussed the situation with Division Administrator
Sol A. Rosenblatt, Deputy Administrator William P. Farnsworth,
Leon Henderson of the Planning and Research Division and other
officials.
It was said that the agreement, which has yet to receive the
approval of Henderson, contemplated some "qualifications or pro-
visos" in the schedule which would meet the complaint that the
independents were being too heavily taxed.
Approval of the schedule as amended is expected to be an-
nounced tomorrow.
Short Subjects Are "Dogs
Of the Business "—Marcus
"Shorts are the dogs of the busi-
ness, always have been and always will
be," Lee Marcus, short subject pro-
duction head of Radio, stated yester-
day. "There is no incentive on the
part of exhibitors to make shorts and
they are booked without any special
attention, particularly unusual featur-
ettes," he said.
"Radio this season has increased
production costs and the number of
shorts from 36 to 42," Marcus de-
clared. "All shorts are produced from
(Continued on page 6)
Sinclair Row
Stirs So. Cal.
Independents
Los Angeles, Nov. 1. — Following
the refusal of Morgan Walsh, head of
the Independent Theatre Owners of
Northern California, to aid Upton
Sinclair's campaign for the governor-
ship, H. W. Chotiner, president of the
Independent Theatre Owners of
Southern California, issued a statement
indorsing Walsh's stand.
"We have not asked for Sinclair's
leadership in our affairs," said Cho-
tiner, "and we certainly will not ac-
cept voluntary leadership from a self-
seeking man whose aims are foreign
to our beliefs.
"The newsreels which Sinclair has
branded fake are not fake and the In-
(Continued on page 7)
ASCAP Cites
New Tax Deal
As a Defense
The music tax compromise recently
agreed upon between the American
Society of Composers, Authors &
Publishers and the Exhibitors' Emer-
gency committee is made a part of
A. S. C. A. P.'s defense against alle-
gations contained in the bill of com-
plaint filed by the government in con-
nection with its anti-trust suit against
the music licensing organization, it
was disclosed yesterday with the filing
in U. S. District Court here of A.
S. C. A. P.'s answer to the Federal
action.
The exhibitors' music tax compro-
mise is cited in the society's answer as
an example of the amicable system of
(Continued on page 7)
Harrison Explains
Sinclair Attitude
Insofar as his own thoughts and
those of Upton Sinclair are identical
on block and blind booking and a
Federal probe of the industry, P. S.
(Continued on page 7)
Rinzler-Frisch May
Drop Fox Met Spots
Sam Rinzler and Louis Frisch may
drop the Fox Met group from Rand-
force as a result of heavy losses. The
Fox Met theatres in the Randforce
(Continued on page 6)
Predict End
Of Cleveland
Zoning Pact
Code Clearance Schedule
Expected to Prevail
Cleveland's clearance and zoning
agreement between independent and
major exhibitors, expiring Jan. 1,
1935, will not be renewed, it was
indicated yesterday by three exhibitors
in New York when queried on the
plan. The Cleveland exhibitors are
Henry Greenberger, interested in 14
theatres ; Meyer Fisher, who operates
three ; and Paul Gusdanovic, who has
six houses.
The trio expressed the opinion that
the plan, which has been in operation
the last 22 months, has worked out
to the advantage of most exhibitors,
but it was pointed out there are a
few disgruntled theatre men who did
not approve the pact.
Greenberger claims that the draft-
ing of a clearance and zoning plan
for the territory is the reason the
plan will not be continued. The atti-
tude of most exhibitors, he says, is
that if the NRA lets the present plan
alone and does not disturb it by set-
ting up new zones, it will be better
(Continued on page 6)
Indie Circuits May
Reenter ITOA Soon
A number of independent circuits
which recently dropped out of the
I. T. O. A. are understood to be
planning to rejoin the local unit.
Among the circuits mentioned are
Springer & Cocalis, Rugoff & Becker,
Century, Skouras, Randforce and
Meyer & Schneider.
_ One of the . principal purposes be-
hind the return move is said to be
the^ united effort on the part of ex-
hibitors to back up the organization
(Continued on page 7)
17 Bank Night Cases
Heard by Appeal Trio
Marking a new record in appeal
hearings, 17 cases were heard yester-
day by a committee comprising R. H.
Cochrane, Henry Randel and Julius
Charnow. Three appeals were from
Los Angeles, two from Des Moines,
one from St. Louis, two from Omaha,
three from Kansas City and four
from Minneapolis.
AW cases were appeals from Bank
Night decisions. Campi, apparently,
is anxious to dispose of cases of this
(Continued on page 6)
MOTION PICTURE
DAILY
Friday, November 2, I9i'<
MOTION PICTURE
DAILY
(Registered U. S. Patent Office)
Vol. 36
November 2, 1934
No. 105
Martin Quigley
Editor-in-Chief and Publisher
MAURICE KANN
Editor
JAMES A. CRON
Advertising Manager
Published daily except Sunday and holi-
days by Motion Picture Daily, Inc., sub-
sidiary of Quigley Publications, Inc.,
Martin Quigley, President; Colvin Brown,
Vice-President and Treasurer.
Publication Office: 1790 Broadway, New
York. Telephone Circle 7-3100. Cable ad-
dress "Quigpubco, New York." All con-
tents copyrighted 1934 by Motion Picture
Daily, Inc. Address all correspondence to
the New York Office. Other Quigley pub-
lications: MOTION PICTURE HERALD,
BETTER THEATRES, THE MOTION
PICTURE ALMANAC and THE CHI-
CAGOAN.
Hollywood Bureau: Postal Union Life
Building, Vine and Yucca Streets, Victor
M. Shapiro, Manager; Chicago Bureau: 407
South Dearborn Street, Edwin S. Clif-
ford, Manager; London Bureau: Remo
House, 310 Regent St., London, W. 1,
Bruce Allan, Representative. Cable address:
"Quigpubco, London"; Berlin Bureau:
Berlin - Tempelhof, Kaiserin - Augustastrasse
28, Joachim K. Rutenberg, Representative;
Paris Bureau: 19, Rue de la Cour-des-
Noues, Pierre Autre, Representative; Rome
Bureau: Viale Gorizia, Vittorio Malpassuti,
Representative; Sydney Bureau: 102 Sus-
sex Street, Cliff Holt, Representative; Mex-
ico City Bureau: Apartado 269, James
Lockhart, Representative; Glasgow Bureau:
86 Dundrennan Road, G. Holmes, Repre-
sentative; Budapest Bureau: 3, Kaplar-u,
Budapest, II, Endre Hevesi, Representa-
tive; Moscow Bureau: Civtzev Vrazhek,
N. 25, Apart. 146, Moscow, U. S. S. R.,
Bella Kashin, Representative. Cable ad-
dress: "Samrod, Moscow."
Entered as second class matter, January
4, 1926, at the Post Office at New York
City, N. Y., under Act of March 3, 1879.
Subscription rates per year: $6 in the
Americas, except Canada $15 and foreign
$12. Single copies: 10 cents.
Upstate Spots Gain,
States Wm. Smalley
Business is not bad upstate, Will-
iam Smalley, operating 14 theatres in
and around Albany, stated yesterday.
"Business has picked up quite a bit,
especially where we put on special at-
tractions like 'Singers' Midgets' and
name orchestras," he said.
"We are not adding any theatres at
this time, but are ready for some ac-
quisitions," Smalley concluded.
FitzPatrick Here Month
James A. FitzPatrick leaves for
Hollywood the first week in Decem-
ber to start production, on a feature
founded on the love affairs of Franz
Liszt. FitzPatrick is making the pic-
ture on his own and will negotiate dis-
tribution after completion. He is now
trying to decide whether to make the
film in color or black and white. Na-
thaniel Shilkret is preparing the musi-
cal score.
Metro-Goldwyn Dividend
Metro-Goldwyn Pictures Corp. yes-
terday declared a regular quarterly
dividend of one and three-quarter
per cent on the preferred stock, pay-
able Dec. 15 to stockholders as of
record Nov. 30.
"Limberlosf to Criterion
"A Girl of the Limberlost" will go
into the Criterion for a run, starting
Nov. 8.
Insiders' Outlook
CAYS Marion Davies :
^ "I feel very happy over my
new arrangement with Warner
Brothers. I am confident that they
will give me every co-operation
in the production of my pictures
and that I shall have greater in-
dividual opportunity."
That, you may regard as
the usual perfunctory statement
which attends shifts such as the
break between Cosmopolitan and
M-G-M and the former's new
hook-up with Warners. . . .
T
In this case, however, there
seems to be a lot more to it. Miss
Davies, it is more or less com-
mon gossip, has felt for some
time that her talents were not
being accorded the fullest of
bloom under Leo's aegis and that,
placed in the same rarefied at-
mosphere with such stars as
Garbo, Crawford, Shearer et al,
she was not faring as well as
she might. The obvious conclu-
sion to draw — and events bid fair
to make it obvious — is that
Marion will be the big noise
around the Warner lot when the
new deal gets going on January
1 next. . . .
T
The flirtation between William
Randolph Hearst and the War-
ners which now reaches its cli-
max is not new. Not by a long
shot. Four, or perhaps as many
as five, years ago, a contract was
as close to signing as any con-
tract possibly could be. In other
words, merely a matter of drip-
ping pens and signatures. This
corner had something to do with
exclusive publication on another
paper of the impending deal at
the time. When the first page
blasted the yarn on the particular
morning in question much hap-
pened. As a matter of record, so
much happened the deal never
went through. . . .
T
Thereafter and popping up
now and then with a fair degree
of regularity were the same over-
tures hitting it off along the same
line. For instance, this, dug up
from handy, bound volumes of
Motion Picture Daily :
Hearst to Warner
Rumor Stirs Laugh
Aboard Westbound Sante Fe
Chief, Needles, Cal., April 9,
1933 — Hollywood reports that
William Randolph Hearst is about
to sever his production affiliation
with M-G-M to join Warners met
with loud laughs today both from
H. M. Warner and Nicholas M.
Schenck.
Schenck said : "It is perfectly
ridiculous."
Several years ago, Jack L.
Warner almost had Hearst with
Marion Davies slated for top rat-
ing spot on the First National list
and International Newsreel on
the Warner program, but Hearst
renewed the M-G-M contract.
Your attention is directed to
the date. . . .
T
The latter day phases of the
Cosmopolitan - Warner hook-up
go back to on or about the day
that Hearst returned from his
recent European trip. The whole
proceedings, made familiar by
this time through several early
efforts over the same ground,
were renewed. There developed
a lapse of two weeks, a revival
of the dickers and the signatures,
finally, to the contract in Holly-
wood on Wednesday. And so it
comes about that the vast publicity
and advertising resources of the
26 Hearst dailies throughout the
United States now will swing
from M-G-M to Warner. Those
resources, of course, will be
brought into play principally on
behalf of the Davies vehicles,
first, and the Cosmopolitan at-
tractions, no matter what they
be, secondly. But just as the
Hearst editorial attitude was
friendly to M-G-M product aside
Consolidated Stocks Rise on Big Board
High Low Close
Columbia Pictures, vtc 3554 35 35
Consolidated Film Industries 354 354 3%
Consolidated Film Industries, pfd 1554 15^5 1554
Eastman Kodak 105 105 105
Fox Film "A" 12% 12 12%
Loew's, Inc 30 29 29%
Paramount Publix 4 3% 4
Pathe Exchange 1% 1% 1%
rko 1% m 1%
Warner Bros 4% 454 4%
Trans Lux Climbs % on Curb
Net
Change
+ 54
+ 54
- 54
+ %
+ %
High Low Close
Technicolor 12% 12% 12%
Trans Lux 2% 2% 2%
Net
Change
Trading in Bonds Light
High Low Close
General Theatre Equipment 6s '40, ctf 6% 554 554
Loew's 6s '41, ww deb rights 10344 103% 103%
Paramount F. L. 6s '47 5554 55 55
Paramount Publix 554s '50 55 55 55
Pathe 7s '37, ww 98% 98% 98%
Warner Bros. 6s '39, wd 57% 5754 5754
Net
Change
+ 54
+ %
- 54
Sales
300
100
100
200
1,200
3,200
4,400
100
3,400
1,100
Sales
400
100
Sales
3
2
5
3
3
4
from Cosmopolitan's own, so
may it be expected to be as cor-
dial where the Warners are con-
cerned. . . .
T
Shedding light in dark cor-
ners : Dr. F. B. Jewett, vice-
president of the Bell Telephone
Laboratories, told the S.M.P.E. I
banqueters that if it hadn't been for
the years of experiments in tele-
phone sound transmission talking |
pictures would not have been pos-
sible. "That's how we telephone
men got into the picture busi-
ness," was the way he expressed
it. "After all, there are only
three elements involved — pick up,
transmission and adequate loud
speaking devices," he said. "Syn-
chronization has never been a
problem." . . .
T
In 1907 or 1908, he said, coils
were put into use for transmit-
ting sound over increasing dis-
tances. "We told the backers of
the San Francisco Exposition
then that we would have tele-
phonic conversation across the
continent when the exposition
started in 1915, and we did.
Vacuum tubes made this possible.
Your radio and your sound pic-
tures are based on these funda-
mental devices." Jewett over-
looked the commercial landslide
completely. As a scientist, he
rates forgiveness, but, as a com-
mentator, he glossed over a
slightlv important point. . . .
KANN
M-G-M, Loew's at Ampa
M-G-M and Loew's yesterday tool
the feature spots at the Ampa lunch
eon. The distributor had seven girl
who are finalists in the Daily Mirro;
tieup for a new player, and Loew's
through WHN, had a number o
amateur radio performers on hand
The affair, toastmastered by Majo;
Edward Bowes, was broadcast ovei
WHN. Comptroller Joseph D. Mc
Goldrick, Herbert Rawlinson anc
Shirley Grey were among the guests
Sophie Tucker Greeted
Sophie Tucker was greeted by i
delegation of the American Federatior
of Actors when she arrived yesterday
on the Manhattan. She was escortec
to the Park Central by a squadron o<
motorcycles.
She will be guest of honor at a beef-
steak dinner tomorrow night at Meccs
Temple. Among the guests expected
are Joe Penner, Jack Benny, Harry
Hershfield, Sam Harris and Jack
Lait.
Tellegen Rites Today
Hollywood, Nov. 1. — Private
funeral services will be held here to-
morrow for Lou Tellegen, who com-
mitted suicide last Monday. Arrange-
ments were made by Mrs. J. P.
Cudahy and approved by Eva Casa-
nova, his fourth wife. Tellegen's
ashes will be scattered on the Pacific.
Stir Over Ellison Fight
Film circles here are displaying a
lively interest in the candidacy of
Millard H. Ellison, brother-in-law of
Felix F, Feist, for Supreme Court
judge.
WARMER
BAXTER
in
HELL in the
HEAVENS
Conchita
MONTENEGRO
RUSSELL HARDIE
Herbert Mundin • Andy Devine
William Stelling* Ralph Morgan
Produced by Al Rochett Directed by John Biyiton*
(0
u ij k fe m % kHti&m II ^ ft ft v, ;i is rJtisi
YOU'RE IN THE ARMY NOW! FOLLOW THE FLAG FROM FAR-FLUNG OUTPOSTS OF THE PACIFIC TO THE WIND-SWEPT
TO THE MAD, SWEET RHYTHM OF HUNDREDS OF HAWAIIAN DANCING GIRLS ! . , GET THE
CADET CORPS AS SUPPORTING CAST FOR AMERICA'S SINGING SWEETHEARTS, DICK POWELL
RTA
11a #U ik^a^yi^
FRANK BORZAGE'S MASTER PRODUCTION, WITH SPECTACULAR BOBBY CONNOLLY DANCES , . , THE MOST
Dick Powell's songs by Dixon and Wrubel
BATTLEMENTS OF WEST POINT! BLOOD TINGLING TO ROARING GUNS AND SOARING SONGS! HEART POUNDING
JU
THRILL, SHARE THE ROMANCE OF WEST POINT LIFE-SHOT ON THE SPOT WITH UNCLE SAM'S WHOLE
?! it
AND RUBY KEELER, AND PAT O'BRIEN, IN WARNER BROS.' MILITARY MELODY-DRAMA—
Kl ti W ^/ttl W WWt&ttl Ki n mi «/ « n «
PERFECT THANKSGIVING ATTRACTION EVER OFFERED TO THE INDUSTRY,
A First National PicjLure.
! Jrrjirf! m'k%r®fwi ml ki k! V :st
i- r I'M
?f ^ 1w ffi-i ri"/ ffli w.! f 1 -7; i W
6
MOTION PICTURE
DAILY
Friday, November 2, 1934
Short Subjects Are "Dogs
Of the Business "—Marcus
Predict End
Of Cleveland
Zoning Pact
(Continued from page 1)
for Cleveland. A meeting of exhib-
itors to work out new zones was to
have been held Tuesday and Wednes-
day in Cleveland, but, because of an
appeal hearing, the session was de-
layed until next Wednesday and
Thursday.
Exhibitors, under the two-year
agreement, have the right to cancel
at any time, but this does not seem
to be the case, Greenberger stated.
It is claimed that Loew's Granada
broke a verbal agreement when the
admission scale was reduced from 35
to 28 cents and maintained 14 days'
protection.
Theatres charging 25 cents get pic-
tures 35 days after the first runs;
houses with admissions at 20 cents get
films in 57 days, and 15-cent houses
get product in 63 days.
At Wednesday's appeal hearing in
New York, with Frank A. McCarthy
and Henry Sussman as committee-
men, Greenberger asked a reversal
of the Cleveland board's decision put-
ting the Mall into a different zone
from the Strand, Standard and Car-
ter. Fisher has the Mall, while the
other three houses are part of the
Community circuit, of which Green-
berger is an executive partner.
Denies Intent to Deprive Rival
Greenberger stated he had bought
half of Paramount, U. A. and M-G-M
for next season with seven days' pro-
tection over the Mall and that he did
not intend to deprive the Mall of
product. Fisher stated he could not
buy one new picture from any com-
pany and has approached all exchange
men in the territory to no avail.
Greenberger was in favor of buying
protection instead of having a local
board set it.
Gusdanovic, who operates the
Cameo, adjacent to the Mall, stated
the Mall and the other three houses
are in the same zone and the schism
designated by the Cleveland board
should be abandoned.
Other cases heard were W. A.
Thimmig, McNair, St. Louis, against
the St. Louis Amusement Co., Gravois
Theatre, and Fred Wehrenberg, Cin-
derella Theatre, on clearance and zon-
ing; Mystic, Picher, Okla., against
Picher-Plaza and Southwestern the-
atres, same city; and William C.
Smalley, Smalley's Hamilton, Hamil-
ton, N. Y., against Meyer Schine and
Glove City Amusement Co. of Glov-
ersville.
To Outline Code Attack
Sidney Samuelson, president of Al-
lied of New Jersey, will outline pro-
cedure of the unit in attacking the
code to members at the next meeting,
Nov. 13. , Allied plans to ask for a
congressional investigation of the set-
up of the code and the line of attack
will be explained to all members at
the next session.
"Legit' Code in Force
The revised code for the legitimate
theatre became effective yesterday at
a meeting of the authority at the
League of New York Theatres.
17 Bank Night Cases
Heard by Appeal Trio
(Continued from page 1)
nature and clear the calendar. The
appeals were:
Mrs. Jennie H. Dodge, Mission,
Ventura, Cal., against Oxnard, Ox-
nard.
Mrs. Jennie H. Dodge, Mission,
Ventura, against Glen City, Santa
Paula, Cal.
C. A. Ferry, Granada, Alhambra,
Cal., against O. W. Lewis, Mission,
San Gabriel, Cal.
M. E. Baylis, Tivoli, West Los An-
geles, Cal., against Wilshire, Santa
Monica, Cal.
Rex, Fairfield, la., against Orpheum,
same city.
M. C. Roskopf, Casino, Marshall-
town, fa., against Don Thornburg,
Strand and Family, same city.
Harry C. Swan, Washington, Gran-
ite City, 111., against Gaylord W.
Jones, Rialto, same city.
L. E. Davidson, Capitol, Sioux City,
against Rialto, same city.
Avenue, Omaha, against August
Herman, Muse, Omaha.
G. E. Klock, Klock, Neodesha, Kan.
against Gem, J. E. Whitten, same
city.
W. A. Leucht, Olive, St. Joseph,
Mo., against Frank Cassil, Rialto,
same city.
Midland, Pittsburgh, Kan., against
J. A. Lenski, Cozy, same city.
Lake, Minneapolis, Minn., against
Heights, Columbia Heights, Minn.
Lake, Minneapolis, Minn., against
H. Dickerman, Alhambra, Minneapo-
lis, Minn.
Lake, Minneapolis, Minn., against
H. Dickerman, Northtown, Minnea-
apolis, Minn.
Coast Casters Talk
Over Extras' Rules
Hollywood, Nov. 1. — Anticipating
an early order from Washington to
put the extras' code into effect, Mrs.
Mabel Kinney, chairman of the extras'
standing committee, called a meeting
of some 40 casting representatives and
discussed its details. Her idea was to
avoid possible misunderstandings.
The order was scheduled to have
gone into effect Oct. 11, but has been
held up pending official notice from
Campi.
Sten Van Schmus Guest
Anna Sten, star of "We Live
Again," and Sergei Soudeikine, artist
who designed the sets for the picture,
were guests at a dinner given by W. G.
Van Schmus, managing director of the
Music Hall, last night.
Goldberg Quits G-B
Lou Goldberg has resigned from
Gaumont British. Marion Sanders is
now at the Roxy on a four-week as-
signment for the opening of "Even-
song," following which she will bow
out of G-B.
G-B Renews with Lee
Gaumont British has renewed for
five years Arthur A. Lee's contract
as vice-president and general mana-
ger of the company.
(Continued from page 1)
originals and we are spending as much
time in preparation as the men making
features," he held. "The company has
completed 29 and has 13 more to go
for this season."
"The short subject department is
developing director talent for the com-
pany," Marcus asserted, pointing to
Mark Sandrich, George Stevens and
Ben Holmes, who recently graduated
from the shorts' rank to feature pic-
tures.
Ruth Etting has been signed for
six two-reelers for next season. The
company recently experimented with
a Spanish version of an Etting short
for the foreign market and the results
are good, Marcus stated.
The short subject producer believes
duals are minimizing the demand for
shorts, especially two-reelers, which,
he claims, are being booked during
supper shows. Marcus admitted he
doesn't know why the demand for two-
reelers is diminishing, but believes the
apathy is with the exhibitors more
than the public.
He sails tomorrow on the California
for Hollywood after a 10-day vaca-
tion here.
Fine Reveals Allied
Pickets as Paid Men
The revelation that many Allied
pickets are men outside the ranks of
the union hired for the purpose was
made yesterday at the hearing on the
operator situation in the city before
Referee Robert McC. Marsh.
Sol Fine, business agent for Al-
lied, admitted under questioning that
it went to employment agencies for
its pickets, who are paid $2 and $2.50
a day. He declared the union re-
sorted to this practice because it did
not have enough members for picket
duty. The picketing activities have
been going on at theatres employ-
ing members of Local 306.
Rinzler-Frisch May
Drop Fox Met Spots
(Continued from page 1)
group are understood to be losing on
the average of $1,000 a day, or $30,000
a month, it is understood.
With the Fox Met circuit now in the
process of reorganization, Randforce
is taking the losses on the chin. The
two independent operators have no
contract with the bondholders' pro-
tective committee, and likewise, no
guarantee from the bondholders to
cover the losses, it is stated.
Although bondholders meet with
Judge Julian W. Mack on Nov. 12
on reorganization matters, no definite
plan is expected to be presented to the
court. As yet the bondholders' com-
mittee has not discussed a contract
with Frisch and Rinzler and unless
some means of covering the losses are
made by the bondholders, it will be
impossible for Randforce to continue
to operate.
O'Connor Visiting
Edward O'Connor, head of M-G-
M's branch in the Dutch West Indies,
is in New York for the first time in
six years. He plans to stay several
months.
Agency Code
"Hearing" Is
Capital Flop
Washington, Nov. 1. — Government
money spent for the rent of a room in
the Willard Hotel today for the "hear-
ing" on agency committee recommend-
ations was wasted. Only five persons,
but two of whom offered remarks, ap-
peared for a 15-minute discussion of
the proposed rules on agents.
Excerpts from a letter from Ralph
H. Blum, Beverly Hills, were read
into the record by Division Adminis-
trator Sol A. Rosenblatt, who pre-
sided. This letter expressed the pro-
test of west coast agents against hold-
ing the hearing in Washington. The
decision to hold the hearing here in-
stead of in Los Angeles was declared
by Blum to be "most outrageous." It
was pointed out that the hearings af-
fect the livelihood of "many individ-
uals" and the claim was advanced that
"all the persons affected thereby are
domiciled" in Los Angeles and the de-
mands of their business made it im-
possible for them to cross the country.
The complaint was answered by Ga-
briel L. Hess, Hays office counsel, who
declared there are as many agents in
New York as in California and almost
as many artists seeking employment.
"In the past two or three years," he
pointed out further, "production ac-
tivities in the east have advanced to
the stage that the east is now being
recognized as a production center."
The only discussion of the rules
themselves was offered by Harold S.
Bareford, representing nine of the
large producers, who pointed out that
a large number of the proposals are
now in the code "and it is doubtful
what the intention of the committee
was: whether to take these provisions
out of the code and adopt them in a
supplementary code, or to amend and
add to the provisions of the code."
The hearing was adjourned for a
period of 30 days, within which the
Administration will make a decision as
to the application of the rules.
Labor Board to Get
Union's Loew Claim
New Orleans, Nov. 1. — A claim
for $25,000 filed against Loew's State
by the musicians' union alleging breach
of contract will be referred to the Na-
tional Compliance Board at Wash-
ington, it was decided yesterday.
Loew's insists that if it loses it will
carry the case to court.
Discharge Monnier Jury
After deliberating for nearly 11
hours the jury in the Brooklyn Fed-
eral Court which heard the charges
that Maurice Monnier, a chauffeur,
had sent a threatening letter to Mrs.
William Fox was discharged by
Judge Clarence G. Galston. Monnier
will face a second trial Nov. 7. He
is seeking bail.
Not to Build in Miami
Walter Reade does not intend to
build in Miami despite reports to the
contrary. The circuit operator re-
cently visited the winter resort on a
brief vacation, which started the
rumors.
Friday, November 2, 1934
MOTION PICTURE
DAILY
ASCAP Cites
New Tax Deal
As a Defense
{Continued from page 1)
collective bargaining through which
the organization's music tax schedules,
it alleges, are established. The answer
also represents the exhibitors' com-
mittee as "entirely pleased" with the
compromise and sets forth that dur-
ing the compromise negotiations "it
was freely and unanimously stated by
the members of the (exhibitors') com-
mittee that the exhibitors of America
would be confronted with a tremen-
dously difficult and apparently in-
soluble problem in connection with
the use of copyrighted musical works,
were the Society to be dissolved."
This statement is regarded as A.
S. C. A. P.'s answer to the portions
of the Federal suit which seek the
dissolution of the society as a monopoly
in restraint of trade.
That portion of A. S. C. A. P.'s
answer intended to show that its
music tax schedules are not "arbi-
trarily" established, as charged, but
are, rather, the result of pacts ar-
rived at through collective bargain-
ing,' lists as further evidence the ne-
gotiations which, according to the
answer, were consummated with M.
P. T. O. of Michigan. M. P. T. O.
of Virginia and committees represent-
ing "an exhibitors' association of
Minnesota and South Dakota" and one
representing "an exhibitors' associa-
tion of North Carolina."
Names Twenty-three Groups
The answer names 23 exhibitor
trade associations as having been
"combined to form a united front for
jthe purpose of defeating the right
of composers, authors and publish-
ers to a reasonable royalty," it cites
the "penny-a-seat war chest" cham-
pioned by the exhibitors' emergency
committee and charges the M. P. T.
O. A. with an agreement "to issue
questionnaires to every senator and
congressman to get them committed
to the fact that they would favor
repeal of the law which secures per-
formance rights to members of the
society" and that "they proposed to
tengage in lobbying on a large scale
for congressional action and to en-
'gage 100 contact men for the purpose
'of inducing senators and congressmen
ko act in favor of the united front
and in opposition to the interests of
;the society."
A. S. C. A. P.'s answer also re-
ntes the history of exhibitor and
broadcasters' litigation against the so-
:iety and opposition to music taxes
vvhich were either ineffectual or de-
cided in the society's favor. It also
~ites the legislative campaigns of
broadcasters, and exhibitor trade as-
rciations. all of which, the answer
-ays. were failures. A general denial
trf most of the government's allega-
ions is made, and specific denials are
nade as to the existence of a music
icensing monopoly, an attempt to
reate one, restraint of trade or any
inlation of anti-trust laws.
The answer avers that the Federal
"rade Commission, the Department of
ustice. various congressional patents
ommittees. Federal and state courts
ave ruled in the oast that the so-
iety is engaged in "a lawful and legi-
i imate enterprise under the copyright
aws." It also describes the work
of the society in aiding underprivileged
authors, composers and publishers and
their relatives in terms that would
make it appear the society is pri-
marily a charitable organization whose
extensive agencies spend as much time
ferreting out worthy indigents upon
whom it bestows its munificence as in
discovering and* prosecuting unlicensed
users of its copyrighted music.
The answer, filling 42 pages of
printed matter exclusive of exhibits,
was written by the law office of Na-
than Burkan. It was industriously
publicized by Gene Buck, president of
the society, who delivered it to the
metropolitan newspapers in advance
of its filing with the Federal court.
Illumination Angles
Come Before SMPE
Illumination was the principal topic
of discussion at the morning session
of the S. M. P. E. convention at the
Hotel Pennsylvania yesterday. The
convention closed with the after-
noon session.
J. D. Edwards of the Aluminum
Company of America described vari-
ous ways of utilizing the reflecting
properties of aluminum and how to
make it shiny. His talk ranged from
polished reflectors, to aluminum on
glass to the use of aluminum paint.
In a paper on "What Is Light?"
S. G. Hibben of the Westinghouse
Lamp Co. said that he wanted to
discuss it from the latest concept
which is that light is a wave motion
and that all matter is crystallized
electricity.
Other subjects discussed at the
morning session were : "High Inten-
sity Mercury and Sodium Arc
Lamps," L. J. Buttolph, General Elec-
tric Vapor Lamp Co. ; "The Use of
the High Intensity Mercury Vapor
Lamp in M. P. Photography," M. W.
Palmer, M. P. Lighting and Equip-
ment Corp. : "Recent Developments in
the Use of Incandescent Lamps for
Color M- P- Photography."
At the closing session in the after-
noon the subjects were: "A Revolv-
ing Lens for Panoramic Pictures," F.
Altman, Hawk-Eye Works, Eastman
Kodak : symposium on construction
materials for processing apparatus. In-
ternational Nickel Co., Carnegie Steel
Co., Synthane Corp. ; "A Roller De-
veloping Rack for Continuously Mov-
ing the Film During Processing by the
Rack-and-Tank System," C. E. Ives,
Eastman Kodak ; "Training Future
Cameramen," H. C. McKay, head of
the N. Y. Institute of Photography.
Indie Circuits May
Reenter ITOA Soon
(Continued from pane 1)
in settling the local labor situation.
Following this, the I. T. O. A. will
sign the code and a move will be made
to set up a clearance and zoning
schedule for the entire territory.
Harry Brandt, president of the unit,
could not be reached yesterday for
confirmation. Reports that major cir-
cuits would join the I. T. O. A. are
discounted by representatives of the
organizations mentioned.
Rejoining of the independent circuits
was discussed at a meetiner of the
hoard of directors earlier in the week.
The move is said to have been started
by Brandt, who is one of the leaders
in the plan to set ut> a basic opera-
tors' wage scale for the territory. He
is a member of the fact finding com-
mittee, which is now classifying the-
atres preparatory to setting up the
basic scale.
Sinclair Row Stirs
Indies of So. Cal.
(Continued from page 1)
dependent Theatre Owners can appre-
ciate not only Sinclair's feelings, but
those of the public when it comes face
to face with the types, reasons and
arguments of some of the individuals
favoring Sinclair's candidacy.
"We have a right to defend our busi-
ness from unjust attacks such as Sin-
clair's, just as newspapers would, if
Sinclair should come out and say we
need more censorship of printing of
news to suit his peculiar political
whims.
"When Sinclair attacks C. C. Petti -
john he attacks a man who has done
more for the independent theatre
owners of America than anyone in the
industry, and to do him justice, we
make this statement."
On another line of battle in this
historic and hectic election campaign
the district attorney's office was re-
quested through David Sokolo, listed
as attorney on the stationery of the
law enforcement committee of the
County Central Committee of the
Democratic Party, to call the chiefs of
eight major studios before the Grand
Jury to be interrogated in connection
with alleged threats that studio em-
ployes would be dismissed if they
voted for Sinclair.
Daniel Beecher, deputy district at-
torney, said no subpoenas would be is-
sued for studio heads, but, if the com-
mittee would furnish the names of per-
sons intimidated, they would be called
before the Grand Jury to tell their
experiences.
The letter also charged the studios
had been demanding one day's pay
from all who earn more than $100
weekly for the Republican campaign
fund.
Harrison Explains
Sinclair Attitude
(Continued from page 1)
Harrison is on the same side of the
fence as the Democratic candidate for
the governorship of California, Harri
son declared yesterday,
"I asked Sinclair if he favored the
abolishment of block and blind book
ing and a probe of the business. He
replied he did and so I am with him.
I have always advocated these issues.
However, insofar as his EPIC plan
is concerned, there is nothing I can
say. I have not studied it," con-
cluded the publisher of Harrison's Re-
ports.
Windisch in New Post
Irving Windisch has been ap-
pointed advertising and exploitation
manager of the Warner Broadway
houses, succeeding Charles Curran. He
will share his duties with Zeb Ep-
stein.
Bershon West Tomorrow
Dave Bershon of Westland Theatres
in California leaves for the coast
tomorrow after several days here.
Westland operates six houses in Los
Angeles.
Close Two Radio Deals
Jules Levy, vice-president and gen-
eral sales manager of RKO Distribut-
ing Corn., has closed deals with B. &
K. in Chicago and the Harry Wein-
berg circuit in Iowa for the entire
1934-35 Radio lineup.
6 First Year
From Hearst
For Warners
(Continued from page 1)
Miss Davies. Her statement approv-
ing the deal is taken to indicate that
she has not been entirely satisfied with
the present M-G-M deal. It follows :
"I feel very happy over my new
arrangement with Warner Bros. I
am confident that they will give me
every cooperation in the production of
my pictures and that I shall have
greater individual opportunity.
"I am leaving Metro-Goldwyn-
Mayer with the kindliest feeling and
appreciation of everything that they
have done for me. I have only the
highest regard for the Metro execu-
tives, especially Louis B. Mayer and
Irving Thalberg."
Under the new arrangement, Jack
L. Warner will be in personal charge
of Miss Davies' as well as Cosmopoli-
tan productions, it is stated.
He issued an enthusiastic statement
which read :
"Speaking in behalf of my broth-
ers, Harry and Albert, we are de-
lighted and consider ourselves for-
tunate in having obtained Marion Da-
vies for a series of star productions,
and our aim and ambition will be
to produce pictures with Miss Davies
that will create even greater success
for her than she has heretofore at-
tained. In addition to Miss Davies'
starring productions, we will also
produce a series of Cosmopolitan pro-
ductions.
"We consider the association with
us of William Randolph Hearst and
his tremendous organization as the
greatest forward step that Warner
Bros, have taken since the introduc-
tion of the talking picture."
Tri-Ergon Allowed
To Sue Para.-Publix
(Continued from page 1)
litigants from continuing old actions
or bringing new suits against a bank-
rupt corporation.
In tfie event Paramount Publix is
reorganized without a new company
being formed, Tri-Ergon would be in
a position, as a result of the order, to
proceed immediately with actions for
injunction or accounting, according to
responsible legal viewpoints.
Delaware Tri-Ergon
Move Up on Nov. 16
Wilmington, Nov. 1. — Judge John
P. Nields in U. S. District Court has
set Nov. 16 as the date for a hearing
of a motion by American Tri-Ergon
and Tri-Ergon Holding A. G. for a
temporary restraining order against
Loew's, Inc., M-G-M Pictures Corp.
and Warners to prevent them from
using disputed Tri-Ergon equipment
until settlement of the patent suit.
O MINUTE
\ FILMS
ACTION • SUSPENSE
NOVELTY
Samj&x Productions i^ijss
723 '7th AVENUE - '
NEW VORK'N.Y.
I
DID YOU EVER
HEAR THE STORY
about the exhibitor who
telephoned Miss Anderson of
Omaha 1 "
(it's a NEW one on us, too!)
Such fun when pretty Miss Anderson,
of the M-G'M office in Omaha,
answered a telephone call from the
Mayfair Theatre, Shenandoah, Iowa.
"I booked ' HOLLAND IN TULIP
TIME' for three days," said the Mana-
ager of the Mayfair. "I've been getting
swell comments and want to hold
it over."
"Okay" said Miss Anderson, and
imagine her surprise when that hold'
over developed into an extended run!
Originally booked for three days, this
marvelous short subject ran ELEVEN
DAYS!
Take a look at "HOLLAND IN
TULIP TIME." Then watch for
"ZION, THE CANYON OF COLOR"
and "IRELAND, THE EMERALD
ISLE." They're Fitzpatrick Travel'
talks, the only reels of their kind in
technicolor. M-G-M's pride !
FITZPATR.ICIC
TR.AV&L TALKS
"»T€^NICOlOlt
HOLLAND IN
TUtlp_TlMB
ZION, THE
CAN VON
OP COLOR.
>Ji*eLAND
THe eMSRALO
The Leading
Daily
Newspapl
^fthe
Moti
Picture
Industry
MOTION PICTURE
DAILY
Alert,
Intelligent
the In
in All
Branches
VOL. 36. NO. 106
NEW YORK, SATURDAY, NOVEMBER 3, 1934
TEN CENTS
New Operating
Deal Is Made
On Music Hall
RKO, RCA, Rockefeller
Center in Agreement
A new Music Hall operating agree-
ment providing for autonomous oper-
ation of the house in the future was
completed yesterday and filed with
the U. S. District Court here for
approval.
The agreement, made jointly by
RKO, RCA and Rockefeller Center,
provides for a readjustment of RKO's
indebtedness to RCA resulting from
the latter's guarantee of rental defi-
cits on the Music Hall. Rockefeller
Center was authorized in the past to
draw upon funds advanced by RCA
whenever Music Hall profits were
less than the minimum rental partici-
pation agreed upon between RKO and
Rockefeller Center.
The agreement appears to indicate
ihat Rockefeller Center's operation of
the house, under the direction of W.
G. Van Schmus, will be an independ-
ent one. Indications are, however, that
a minimum amount of RKO product
will be contracted for annually.
Xeither Van Schmus nor M. H.
Aylesworth could be reached for com-
ment on the agreement last night.
Deal on RKO Notes
Approved by Court
Approval of the agreement reducing
die monthly maturities of $1,500,000
di" RKO secured notes held by Con-
solidated Film Industries was given
v-esterday in an order signed by Fed-
eral Judge William Bondy directing
{Continued on page 2)
"Happiness" Pulls
$77,000 for Week
"The Pursuit of Happiness" at the
Music Hall held up nicely last week
:ompared to grosses of other houses
along Broadway. The intake for the
Paramount picture was $77,000. The
Roxy on the second week of "Little
(.Continued on page 4)
Whitney to Produce
Technicolor Series
Los Angeles, Nov. 2. — Plans to
•pend a minimum of $7,000,000 on a
?roup of nine or more Technicolor
matures to be produced by Pioneer
(Continued on page 4)
Supreme Court Is Asked
To Review Tri-Ergon Case
Equity Council Ratifies Plan
For Actors 9 Guild Affiliation
The council of Actors' Equity Ass'n, formally ratifying the
affiliation agreement with Screen Actors' Guild, yesterday voted
to create a new affiliate membership class in Equity to include
members of the guild.
Coincident with the action, the council authorized the drafting
of new bylaws by which persons qualified for the new Equity
affiliate membership shall be members of the guild, which now
becomes "the motion picture division in California of Actors'
Equity Ass'n." The formal affiliation agreement drawn by Equity's
legal department is being forwarded to the governing board of
the guild "for their favorable action," Frank Gillmore, Equity
president, said.
Under the agreement there will be no Equity representation on
the guild's board, nor guild representation on Equity's council.
Neither will Equity ask any direct dues of the guild, it is under-
stood, although the guild will be expected, of course, to bear its
share of dues paid into the A. F. of L.
Assessments
For Code Are
Finally Set
Washington, Nov. 2. — Producer-
distributor assessment schedules today
were finally agreed upon and are now
in process of receiving the approval
of the various NRA officials whose
signatures are necessary to make them
effective.
Pointing out that there are some
300 independents and 12 larger con-
cerns, Administration officials de-
clared that it does not aopear unfair
to expect 96 per cent of the compa-
nies to contribute the $18,000 asked,
(Continued on page 4)
Film Labeling
Is Opposed by
Baltimoreans
Baltimore, Nov. 2. — The system
of labeling productions "A" and "F"
as to their suitability for adults or for
the family does not appeal to three
exhibitors in this city interviewed on
the matter so far.
J. Harry Gruver, proprietor of the
Glen, Glenburnie, Md., and manager
of the New Theatre, first run here,
thinks parents should find out for
themselves by calling the theatre and
asking the manager for such informa-
tion because he always tells the truth
(Continued on page 4)
K. C. Is Nettled by Majors '
Stand on Clearance Setup
Kansas City, Nov. 2. — Objections
by major company sales heads to
Kansas City's new clearance schedule
are termed "ridiculous" by members
of the local clearance and zoning
board.
Distributors' chief objection that
identical availability to subsequents
charging the same admission would
create a print shortage is answered by
exchange managers with the assertion
that this system has been in vogue
here for the last five years and at no
time has it created a shortage.
Local exchange executives are at a
(Continued on page 4)
Para. Charges Fox with
Attempting to Coerce
Entire Industry
By CLARENCE LINZ
Washington, Nov. 2.— Charging
that William Fox is using the recent
decisions favorable to American Tri-
Ergon "to coerce substantially the
entire industry," Paramount Publix
today asked the U. S. Supreme Court
to reconsider its recent action in re-
fusing to review the suit.
"There is no conflict of decision as
between different circuits on the ques-
tion of the validity of this patent," the
company admitted in its petition,
"but," it added, "events have occurred
since the denial of the writ which
clearly take the case outside the gen-
eral rule requiring a conflict of deci-
sions as a prerequisite to the grant of
a writ of certiorari in the ordinary
patent case."
Since the court refused to review
the case, it was said, suits have been
filed against 18 companies, including
M-G-M, Warners, Columbia, First
Division, Universal, Consolidated Film
Industries, 20th Century, Monogram,
Reliance and several laboratories, thus
including, it was declared, "large
sources of production of motion pic-
tures, including substantially all of the
(Continued on page 3)
Tri-Ergon Mandate
Argued in Brooklyn
Contending that it would be unduly
injured if a mandate putting into effect
the original decree of Judge Marcus
B. Campbell in favor of American
Tri-Ergon were to be issued, Para-
mount Publix moved in Federal Dis-
trict Court at Brooklyn yesterday to
obtain a modification of the decree
which enjoined Paramount from using
(Continued on page 3)
Changes in Phila.
Boards Are Denied
Washington, Nov. 2. — Reorgan-
ization of the Philadelphia clearance
and zoning boards was today refused
by Division Administrator Sol A. Ro-
senblatt in answer to complaints from
the Independent Exhibitors' Protec-
tive Ass'n., Inc., of that city, that
because of their tieup with Warner
through their membership in the M.
(Continued on page 4)
MOTION PICTURE
DAILY
Saturday, November 3, 19341
MOTION PICTURE
DAILY
(Registered U. S. Patent Office)
Vol. 36
November 3, 1934
No. 106
Martin Quigley
Editor-in-Chief and Publisher
MAURICE KANN
Editor
JAMES A. CRON
Advertising Manager
Published daily except Sunday and holi-
days by Motion Picture Daily, Inc., sub-
sidiary of Quigley Publications, Inc.,
Martin Quigley, President; Colvin Brown,
Vice-President and Treasurer.
Publication Office: 1790 Broadway, New
York. Telephone Circle 7-3100. Cable ad-
dress "Quigpubco, New York." All con-
tents copyrighted 1934 by Motion Picture
Daily, Inc. Address all correspondence to
the New York Office. Other Quigley pub-
lications: MOTION PICTURE HERALD,
BETTER THEATRES, THE MOTION
PICTURE ALMANAC and THE CHI-
CAGOAN.
Hollywood Bureau: Postal Union Life
Building, Vine and Yucca Streets, Victor
M. Shapiro, Manager; Chicago Bureau: 407
South Dearborn Street, Edwin S. Clif-
ford, Manager; London Bureau: Remo
House, 310 Regent St., London, W. 1,
Bruce Allan, Representative. Cable address:
"Quigpubco, London"; Berlin Bureau:
Berlin - Tempelhof, Kaiserin - Augustastrasse
28, Joachim K. Rutenberg, Representative;
Paris Bureau: 19, Rue de la Cour-des-
Noues, Pierre Autre, Representative; Rome
Bureau: Viale Gorizia, Vittorio Malpassuti,
Representative; Sydney Bureau: 102 Sus-
sex Street, Cliff Holt, Representative; Mex-
ico City Bureau: Apartado 269, James
Lockhart, Representative; Glasgow Bureau:
86 Dundrennan Road, G. Holmes, Repre-
sentative; Budapest Bureau: 3, Kaplar-u,
Budapest, II, Endre Hevesi, Representa-
tive; Moscow Bureau: Civtzev Vrazhek,
N. 25, Apart. 146, Moscow, U. S. S. R.,
Bella Kashin, Representative. Cable ad-
dress: "Samrod, Moscow."
Entered as second class matter, January
4, 1926, at the Post Office at New York
City, N. Y., under Act of March 3, 1879.
Subscription rates per year: $6 in the
Americas, except Canada $15 and foreign
$12. Single copies: 10 cents.
Bike Riders Attract
Temporarily parking several plate
glass windows directly on the corner
of Broadway and 7th Ave., Arthur
Mayer of the Rialto rigged up four
bicycles and riders for the opening of
"The Six Day Bike Rider," new Joe
E. Brown feature.
The boys, drawing their pay from
Quaker Oats on a tie-up with the
Rialto, trundled all day and attracted
plenty of looks from passers-by. So
good an attraction-getter was the
stunt, which is to be continued
throughout the run, that the running
electric news ribbon of the New York
Times met, faced and lost out to com-
petition probably for the first time
since it began operations.
Foreigns for Gaiety
Samuel Cummins and J. A. Koerpel
of Samjax Corp. state that first run
foreign pictures and not shorts will
play the Gaiety when it is opened by
the new company the evening of Nov.
13 with "The Man of Courage," the
English adaptation of the Italian film
"Camicia Nera" ("Black Shirt"),
authored by Premier Mussolini of
Italy.
Home Going to Coast
Hal Home flies to the coast Wed-
nesday for conferences with Darryl
Zanuck on campaigns for "The
Mighty Barnum," the first picture the
producer has turned out since his re-
turn from Europe.
E. M, Loew and Para,
Suit Settlement Set
A settlement of the long-pending
$5,099,000 anti-trust suit brought
against Paramount Publix by E. M.
Loew of Boston has been agreed upon
and a petition asking court approval
of the settlement will be submitted to
Special Master John E. Joyce here
within the next few days.
The settlement figure, it is under-
stood, exceeds $100,000. A special
master assigned by the Federal court
at Boston to take testimony on the
case recommended damages in a large
amount in favor of Loew some time
ago. Final damage awards in anti-
trust cases are trebled.
Paramount recently settled the $5,-
100,000 anti-trust suit brought by the
late Edward Quittner, Middletown,
N. Y., exhibitor, for $10,000. A set-
tlement of the anti-trust suit brought
by A. B. Momand of Oklahoma for
$4,900,000 damages is not yet in work,
although scheduled for negotiation in
the near future.
Myke Lewis on Coast
Los Angeles, Nov. 2. — Myke Lewis
has arrived by plane from New York
after attending the Paramount sales
meeting in Hot Springs. He con-
ferred with home office executives in
New York for three days.
Toronto, Nov. 2. — Maurice Mulli-
gan, Paramount general manager in
Canada, has returned from New
York and Hot Springs meetings.
Denver, Nov. 2. — Hugh Braley,
Paramount district manager, is back
from the east, where he attended sales
conferences with home office and field
executives.
Loew Opens Boston Road
Formal opening of the Boston Road
by Loew's was held last night. The
house was last operated by Henry
Seigel. Loew's took it over when the
circuit dropped the Freeman.
Muni's Mother Passes
Hollywood, Nov. 2. — Mrs. Sallie
Nasatir, 67, mother of Paul Muni, is
dead at Van Nuys. She had been ill
a long time with diabetes.
Open 'World War' Nov. 7
The premiere of Fox's "The First
World War" at the Rialto has been
advanced to next Wednesday even-
Mundin, Williams
For Dickens Story
Hollywood, Nov. 2. — Herbert Mun-
din has been borrowed by M-G-M
from Fox for the role of Barkis in
"David Copperfield." Hugh Williams
has been loaned by the same company
for the role of Steerforth in the same
picture.
Twentieth Century has loaned Sid-
ney Lanfield to M-G-M to direct
"Copy Cat." Everett Rhodes Castle
has joined the M-G-M writing staff
and the company has taken an option
on his "First of the Month" series.
Edwin Knopf, writer, and Isabel
Jewel, player, have had their options
exercised.
Tries New Lithograph
Charles Reed Jones is trying a new
lithograph process in film advertising
which makes reproductions direct from
the original drawing which the artist
does on the stones. The drawings are
by Howard Simon, well known artist.
His first is on Chesterfield's "The
Curtain Falls."
Weeks Leaves for West
George Weeks, general sales man-
ager for Gaumont British, left last
night for Los Angeles and will make
several stops en route, lining up new
sales forces in the west. He'll be
gone about a month.
Goes to "Wide Range"
POUGHKEEPSIE, N. Y., Nov. 2. —
The Bard Avon, Publix house, opens
Saturday night with Erpi "Wide
Range'' and is staging an extensive
advertising campaign to herald the
event.
Kelly Heads for Tokio
Shanghai Nov. 2. — Arthur W.
Kelly, vice-president in charge of for-
eign distribution for United Artists,
left here yesterday for Tokio. He will
arrive there Nov. 9.
Rogers-Ayres Wed Soon
Hollywood, Nov. 2. — Ginger Rog-
ers and Lew Ayres will be married on
or about Nov. 10, according to an
announcement by the former's mother.
Para, to Show "Rhythm"
Paramount will hold a trade show-
ing of "College Rhythm" at the Astor
next Wednesday morning.
Columbia U p One on Big Board
High Low Close
Columbia Pictures, vtc 36 36 36
Consolidated Film Industries 3}£ 354
Consolidated Film Industries, pfd 15& 1554 15&
Eastman Kodak 105M 10554 10554
Fox Film "A" 125? 1254 12Ji
Loew's, Inc 3054 3054 3054
Loew's. Inc.. pfd 97 96>6 97
M-G-M, pfd 2654 2654 26}4
Paramount Publix, cts 45-6 3^ 4
RKO 144 M 1?4
Warner Bros 454 4J4
Net
Change
+1
- y*
+ 54
+ 54
+ Y»
+1
+ 54
Sales
100
200
1.700
600
1,000
3,500
400
200
4.300
4.000
2.900
Technicolor Advances Quarter on Curb
Technicolor
Net
High Low Close Change Sales
.13 13 13 + 54 300
Warner Bonds in 2-Point Rise
High Low Close
Keith B. F. 6s '46 6354 6354 6354
Loew's 6s '41, ww deb rights 103% 1035/6 1035/6
Paramount Broadwav 554s '51 41 41 41
Paramount Publix 5!4s '50 5554 5554 5554
Pathe 7s '37, ww 99 98% 99
Warner Bros. 6s '39, wd 5954 57*4 S9V2
Net
Change
Sale
- 54
+ 54
+ Vs
+2
Korda Is Made
Colourgravure
Board Member
By BRUCE ALLAN
London, Nov. 2. — (By Mail)—
Alexander Korda, managing director
of London Film Prod., and Montagu
Marks, director, have joined the board
of Colourgravure, Ltd., and Harry
George, secretary of London Films,
has become secretary of Colourgra-J
vure.
Korda will use the Hillman three-
color process controlled by Colour-
gravure on a full length feature to be
made immediately the London Films
studio at Elstree is completed in the
spring.
It is thought likely that "Joseph and
His Brethren," the biblical spectacle
from the novel by Thomas Mann, may
be the selected subject.
London Films has been associated
with Colourgravure, Ltd., a subsidiary
company of Gerrard Industries, Ltd.,
for some time past and has conducted
extensive experiments, but the com-
mercial association of the two com-
panies will now be much closer.
Gerrard Industries is transferring to
London Film Prod, a proportion of its
share holdings in Colourgravure, Ltd.,
and will receive in exchange income
debentures, convertible into shares, of
London Film Prod. London has also
secured an option on further Colour-
gravure shares. It will pay a royalty
to Colourgravure on all footage made
by the process.
Colourgravure prints, it is claimed,
will entail only a slight increase in
costs as compared with black and
white.
Deal on RKO Notes
Approved by Court
(Continued from page 1)
RKO to proceed with the carrying
out of the agreement.
Judge Bondy, however, has in-
structed Irving Trust Co., trustee for
RKO, to make efforts to obtain a bank
loan at four or five per cent with
which to retire the entire amount of
the obligation at one time. Under the
agreement with Consolidated, RKO
is given 45 months in which to retire
the notes with interest at six per cent.
The maturities are $25,000 per month,
plus interest, on the first of each
month up to and including Feb. 1,
1937, and retroactive to Sept. 1 last,
and $50,000 on the first of each month
beginning March 1, 1937, and ending
May 1, 1938.
Simultaneously with the court's ap-
proval of the agreement RKO pays
to Consolidated the Sept., Oct. and
Nov. 1 maturities of $25,000 each, plus
interest. The old maturities called
for payments of $300,000 on the first
of each month up to and including
Jan. 1, 1935. an arrangement which
was described as "physically impossi-
ble for RKO to fulfill" by counsel for
Irving Trust.
Sue Mume Hall for Libel
W. G. Van Schmus was named with
the Music Hall, of which he is man-
aging director, in a $500,000 libel
suit filed yesterday by the act of Lowe,
Burnoff and Wensley.
MOTION PICTURE
DAILY
MOTION PICTURE DAILY*
HOLLYWOOD PREVIEW
"Flirtation Walk"
{Warners)
Hollywood, Nov. 2. — All the glamour of West Point thrillingly
climaxing a romance between Dick Powell and Ruby Keeler sets this
military musical in the plus class for showmen.
The production has exceptional exploitation possibilities for patriotic
ballyhoo besides the sterling entertainment values of youth, comedy,
tunes and spine-tingling parades.
Powell, an army private in Hawaii, falls in love with a general's
daughter, Ruby Keeler. His near court martial and frustrated desertion
separate them. They meet again when her dad is appointed superin-
tendent at West Point where Powell is a cadet.
The romance is embroidered with humor and charm and makes a
swell contrast for the blare of bugle and beat of drum. Evident through-
out is the sure-handed direction of Frank Borzage.
Powell makes an ideal cadet, his boyish personality tailored to his
uniform, his star magnetism enhancing with each succeeding picture.
Miss Keeler handles her lines easily and herself gracefully. Pat O'Brien
is a standout as Sergeant Thornhill, Powell's army nemesis. Ross
Alexander again demonstrates his abilities, which point upward. John
Arledge, John Eldridge, Henry O'Neill and Guinn Williams contribute
neat portraits in support.
The screen play by Delmer Daves is from an original by him and
Lou Edelman. The photography by Sol Polito and George Barnes is
topnotch.
Containing showmanship, entertainment and personality attributes,
this production presages good business plus in direct proportion to ex-
ploitation.
Production Code Seal No. 350. Running time, 85 minutes.
Shorts
Saturday, November 3, 1934
Patent Case
(leview Asked
Of High Court
(Continued from page 1)
jroducers and processors in the
rnited States."
To give support to its petition, the
bmpany contended that the Circuit
,ourt of Appeals reached an errone-
us conclusion on the question of the
ventions and devoted part of its brief
ii a defense of that charge. However,
lie major point was disclosed to lie
E the efforts of Fox to collect on
.ie decision which the court last
tionth in effect upheld by refusing a
view.
"Since the denial of the writ of
.•rtiorari the overwhelming majority
I motion picture producers have been
aed in the Second Circuit where the
mrts are committed to the validity
: the patent and respondent can thus
rhieve its purpose without extending
ligation beyond the Second Circuit,
herefore, the court should not dis-
ose of this petition upon the mere
round of lack of a conflict of deci-
on.
"A decree of infringement in the
lecond Circuit against the infringer,"
was pointed out, "will bind it not
|nly in that circuit but throughout
ne whole United States and will per-
mit the patent owner, in further pro-
jedings in the Second Circuit, to
ave accountings for infringements
:curring anywhere in the United
tates."
Papers in the case were presented
y Charles Neave, attorney for West-
rn Electric.
On Oct. 8 the Supreme Court re-
used to review a suit covering the
alidity of the American Tri-Ergon
stents on double printing apparatus
nd a flywheel attachment used in re-
roducers.
The defendants in the case, begun
i 1932, were Paramount Publix, sued
n the double printer, and YVilmer
Vincent and Altoona Publix, on the
ywheel. The case was originally filed
i Harrisburg. but was heard in
cranton and taken to the U. S. Cir-
jit Court of Appeals by the defend-
nts after the validity of the patents
ad been upheld in the lower court.
vri-Ergon Mandate
Argued in Brooklyn
(Continued from pane 1)
ie double print patent and ordered
n accounting before a special master.
Judge Campbell's decree against
'aramonnt, issued in the Brooklyn
'ederal Court Oct. 11, 1933, was sus-
ended pending appeals to the U. S.
'ircuit Court of Appeals and the U.
. Supreme Court. With the refusal
t the high court to review the case,
'ri-Ergon petitioned Judge Campbell
esterday for an interlocutory decree
utting into effect the findings of a
ear ago.
Charles Neave, attorney for West-
rn Electric, which is defending
'aramount, retaliated with a petition
3r an order to show cause why the
ourt should not withhold entry of
ny decree until counsel had had an
pportunity to be heard on the pro-
isions to be contained in the inter-
3cutory dec-ee. Neave argued that
"What a Business"
(Mentone-Universal)
This is an average short which
should give the same degree of sat-
isfaction. Tied in slimly with the
efforts of Smith and Dale, one the
booking agent and the other the the-
atre operator, to sell and unsell each
other is a series of vaudeville turns
contributed by the Four Inkspots,
colored jazz crooners; Gloria Grafton,
blues singer; Bill Telaak, eccentric
dancer and clown, assisted by Sally
Payne and Bill Brown, and a final
production number known as the Rus-
sian Revels. Milton Schwarzwald's
accompanying musical score is excel-
lent in the jazz manner. Production
Code Seal, No. 0178. Running time,
18 mins.
"Well, By George"
( Universal)
George Price, radio personality and
stage star, is featured in this Men-
tone production. Others in the cast
are Dave Craft, Ramona and Mills,
Gold and Ray. It is a pleasing short
of the typical Mentone variety and
should amuse. Code seal, No. 147.
Running time, 20 mins.
the provisions of the decree as it now
stands were too broad and could in-
jure Paramount to an extent not in-
tended by the original decree. He
averred in particular that the wording
of the decree as ft now stands could
extend the injunction "to run against
the products of the patented process,"
or the films themselves.
Judge Campbell reserved decision
on the petition, but indicated he would
make his ruling by Monday.
"The Goddess of Spring"
(Disney-U.A.)
Exceptionally beautiful and eye-fill-
ing is the color in this latest Silly
Symphony done in Technicolor by
Walt Disney. It is the story of
Persephone, the Goddess of Spring,
and her abduction by Pluto, king of
the underworld. The musical accom-
paniment is perfectly synchronized and
is highly appropriate. Should create
comment wherever played. Code seal,
No. 344. Running time, 8 mins.
"Going Places"
(Universal)
The third of this series should main-
tain audience interest equally as well
as the preceding ones. It has Lowell
Thomas' comments and very good
photography. Scenes of the island
of Rhodes open the reel and shots
of the old Hospital of the Knights
are particularly interesting. From
Rhodes the audience is taken to the
African veldt and shown animals in
their native habitat. Skiing in the
Alberg Alps winds things up. No
code seal. Running time, 10 mins.
Cosmopolitan Renamed
Dover, Del., Nov. 2. — Cosmopolitan
Prod., Inc., Ltd., a Delaware corpora-
tion, changed its name to Cosmopolitan
Corp., New York City. The Corpora-
tion Trust Co. of Wilmington is agent
for the company.
No special significance attaches to
the name change, it was stated at the
Hearst offices here. It was described
as an inter-company move.
3
< Purely
Personal ►
HENRI KLARSFELD, general
manager for Paramount in
France, Belgium and the French
colonies of northern Africa, gets into
New York Tuesday aboard the lie de
France for conferences with John W.
Hicks, Jr., vice-president of Para-
mount International.
Diamond Brothers were forced to
withdraw from the Capitol stage
show yesterday when Harold Dia-
mond, a member of the act, sprained
his hand at the opening performance.
Eric Wolfgang Korngold, signed
to handle the musical arrangement for
Warners' production of "Midsummer
Night's Dream," reaches the coast to-
morrow.
Jerome P. Sussman, general man-
ager for Paramount in Central
America, left for Panama yesterday
on the California after home office
conferences.
Earle Sweigert, president of the
Variety Club in Philadelphia and
branch manager of the Paramount
exchange in that city, was in town
yesterday.
Robert Loraine, British actor, the
next day or so will be on the way to
England, where he plans to go into
production work.
Mary Pickford arrives on the Cen-
tury tomorrow for a series of broad-
casts from New York. The first will
be "Michael and Mary."
Anna Sten leaves for Hollywood
today after a short visit here to at-
tend the opening of "We Live Again"
at the Music Hall.
Robert Hurel, manager of Cana-
dian Film Co., sails on the Lafayette
today.
Constance Collier leaves for the
coast tomorrow to begin work under
her contract with M-G-M.
Arline >de Haas has joined Gau-
mont British as head of the publicity
department.
J. Arthur Hirsch arrives from
Canada today.
Oscar Oldknow leaves for the
coast tomorrow.
Fairbanks Withdraws
From London Films
Hollywood, Nov. 2. — The sale of
Douglas Fairbanks' holdings in Lon-
don Films to Alexander Korda was
completed yesterday, according to con-
firmation received here today by the
actor. The transaction also cancels
Fairbanks' starring contract with the
company after completing one film,
"The Private Life of Don Juan." The
reason for the sale, it is said, was to
allow the star to make his future pic-
tures here.
Campi Did Not Decide
Although coast advices had it that
Code Authority reversed the Los An-
geles board in a decision involving the
F.W.C. Uptown and Warners' Forum,
Campi yesterday stated no action has
been taken on this appeal.
Motion Picture Daily on Wednes-
day reported that the two houses were
put back in the same zone after the
local clearance and zoning board
separated them.
MOTION PICTURE
DAILY
Saturday, November 3, 193
4
Majors' Stand
On Clearance
Nettles K. C.
(Continued from page 1)
loss to understand why distributors
take the position they do toward the
Kansas City plan, since there have
been only a few objections to it local-
ly. They maintain that delay in es-
tablishing clearances is seriously re-
tarding new product deals with sub-
sequents.
Clearance board members, who
evolved the schedule after a series of
hearings and meetings starting last
spring, are quite nettled and chag-
rined.
A spokesman for the board points
out that a possible print shortage is
largely averted by the schedule's pro-
vision delaying availability 14 days to
theatres which do not maintain a fixed
admission price.
"It may be that some of the provi-
sions are not very clear to anyone not
familiar with the local situation," said
a board member who is also a dis-
tribution manager. "But the schedule
is workable and practical, and I am
sure that when its provisions are un-
derstood it will be acceptable to my
company and to everyone else in New
York."
Stressing that identical availabilities
to subsequents have proved feasible
here, observers regard it as possible
that a print shortage could occur un-
der these conditions in a large key
city like Chicago, but it is considered
remote in Kansas City unless the dis-
tributors intend to curtail the number
of prints.
The lapse of seven days between
minimum and maximum availability
between runs which code committee
members are reported unable to un-
derstand is explained as a measure of
convenience, giving subsequents that
much time in which to date. This
permits dating on the day the theatre
changes its program.
"It looks as if the major distributors
are out to sell protection," was the
reaction of Jay Means, president of the
I. T. O., to the objections of sales
executives to the clearance schedule.
Equipment Men Hit
New Snags on Code
Washington, Nov. 2. — Internal
difficulties of theatre equipment and
supply dealers were again aired before
the National Recovery Administration
today when proposals for a code sub-
mitted by the Independent Theatre
Supply Dealers' Ass'n. were opposed
by the National Theatre Supply Co.
As was the case a year ago, when
the first effort to secure a code was
made, National challenged the right
of the association to speak for the in-
dustry. The company has 28 branches
which, if considered as separate units,
would be a large proportion of the
total number of establishments in the
trade, it asserts.
The code, a supplement to the mas-
ter wholesale code, was presented by
J. E. Robin, president of the associa-
tion, supported by Mrs. M. G. Ash-
croft of the Sears Ashcroft Mfg. Co.,
Los Angeles, who explained her firm
would not come under the code, but
was vitally interested because it could
no longer "finance dealers" whose
"unfair practices" had made it im-
possible for them to meet their bills.
Explaining that his organization was
operating under the recovery pro-
gram, R. B. LaRue of National The-
atre, declared that the benefits of the
code would not be justified by the in-
convenience and expense. He attacked
the right of the association to set it-
self up as speaking for the industry
and charged that it had attempted to
bolster its position by securing
"proxies" from establishments not in
the industry.
The code, as submitted contem-
plates the adoption of labor provisions
and trade practice rules, including the
setting up of an open price arrange-
ment.
Changes in Phila.
Boards Are Denied
(Continued from page 1)
P. T. O. A. the three exhibitor mem-
bers might in the future be found to
be biased.
Charges were submitted to Rosen-
blatt in a letter signed by Morris
Wax, chairman of the board of gov-
ernors of the associatiqn, a new or-
ganization claimed to have a member-
ship of 104 unaffiliated theatres, in
which it was declared that the M.
P. T. O. of Eastern Pennsylvania,
Southern New Jersey and Delaware
was "antagonistic." The association,
it was claimed, has no representation
on either board.
Philadelphia is in the process of
being re-zoned, and the members of
the association, "being denied ade-
quate representation on the clearance
and zoning boards, cannot and will not
be a party to the re-zoning," Wax
asserted. It was stressed the associa-
tion has no objection to the exchange
members, but objects solely to the
three exhibitors, who might at some
future time be found to show "parti-
san bias," which might preclude the
possibility of a fair re-zoning sched-
ule.
Answering the complaint, Rosen-
blatt declared that exhibitor appoint-
ments were given the approval of the
organization existing at that time,
which was understood to be seeking
to protect the interests of the inde-
pendents. If the board was satisfac-
tory at that time, he said, it should
be satisfactory now and specific infor-
mation as to maladministration will be
required before any change is made.
"The objection which you raise to
the exhibitor members is based upon
a statement of alleged antagonism
which might cause them to approach
situations with a partisan bias," he
said. "If the members when appointed
were recognized as being fair and im-
partial, merely by reason of the fact
that they do not belong to your or-
ganization they should not be dis-
qualified for further service."
Coast Bank Nights
Hit in Two Rulings
Los Angeles, Nov. 2. — The griev-
ance board has ruled against two more
bank nights by deciding in favor of
the York Theatre against the High-
land and for the Majestic against the
Wilshire, all in Santa Monica.
The re-hearing of Bard's Pasadena
against F. W. C. on an overbuying
charge resulted in a ruling for F. W.
C.
Assessments
For Code Are
Finally Set
(Continued from page 1)
particularly in view of the fact that
it was originally contemplated they
should contribute $30,000 of the $180,-
000 to be raised. Nevertheless, in
order that the full interests of the
the independents may be protected,
provisions have been inserted in the
schedule, under which the total con-
tribution of the group cannot exceed
$18,000, and substantial revision of
the schedule is promised for 1935,
when it will be possible to secure ac-
curate figures on the amounts con-
tributed.
The order of approval for the pro-
ducer-distributor schedule carefully in-
sures that the contributions of the
independents will be limited to this
amount. Should members of the in-
dustry whose annual sales are less
than $750,000, which includes substan-
tially all the independents, contribute
a total exceeding $18,000, the excess
may not be spent, but must be set
aside and credited to members in this
group pro rata, according to con-
tributions.
This credit is to be applied to their
assessments for the next budgetary
period, commencing Jan. 1, 1935, for
which it is anticipated that a substan-
tially revised basis of contribution will
be submitted. If, as seems possible,
the credits will be more than suffi-
cient to cover assessments for the per-
iod, the excess will, of course, be re-
funded.
Average Contribution $60
The minimum assessment provided,
for firms whose sales were less than
$12,000 per annum, is $120, while con-
cerns in the $100,000 class will be re-
quired to pay $700. To raise the re-
quired $18,000 from 300 concerns will
require only an average contribution
of $60. It is for this reason that the
Administration has every assurance
that the adjustments required by the
order will have the effect of very sub-
stantially decreasing the net contribu-
tion of the independents.
Special safeguards are provided in
the order for very small concerns
whose annual sales do not exceed $12,-
000 and who find the assessment of
$120 provided for their group unduly
burdensome. The Code Authority is
ordered to adjust any claims for ex-
emption from members in this group,
subject to approval by the Adminis-
tration.
Attention is called to the fact that
the right to claim exemption is not
limited to members in this group and
that administrative orders specifically
provide that any member of the in-
dustry who considers his assessment
unfair may appeal to Code Authority
for relief and thence to the Adminis-
tration, or direct to the Administra-
tion.
The exhibitor assessment schedule
has been given the approval of the
Administration, having been _ unop-
posed, except by one organization,
which, however, made no serious ef-
fort to secure amendments, but ap-
peared more desirous of developing
the thought that it was, in the case of
that group, "taxation without repre-
sentation."
Film Labeling
Is Opposed by
Baltimoreans
(Continued from page 1)
about a picture he is showing and H
believes other managers will do t'r
same with any of their patrons. J
Meyer Leventhal, managing directc
of the Philip J. Scheck Enterprise*
said: "The idea would be okay if -
would work out as planned — that :
if the parents would accept the class
fication in the spirit of help in whic i
it is meant.
"Motion pictures are created for tr j
whole family and if any classificatio \
is made definitely for patrons it wi i
eventually ruin all patronage, pai
ticularly in neighborhood houses b( .
cause those listed "A" parents woul
think unfit for children and thos
listed as "F" would be considered n<
interesting to adults."
J. Louis Rome, managing directc i
of Associated Theatres, operating 1
neighborhoods in Baltimore, has foun
that parents do the selecting of pic
tures and he believes they know a i
much about films as they are release i
as the exhibitors. For this reaso 1
he believes any attempt at classifies
tion by exhibitors is entirely unnecT
sary.
"Happiness" Pulls
$77,000 for Weel
(Continued from page 1)
Friend," aided by Dizzy and Daff
Dean in person, garnered $24,50(
which is $8,000 less than the firs]
stanza.
"The Age of Innocence" at the Pal
ace and "What Every Womai
Knows" at the Capitol took in $14,
500 and $31,700, respectively. Firs!
week of "Mrs. Wiggs of the Cabbag
Patch" was good for $27,000 and th<
Strand with "Madame Du Barry'
ended the week with $14,492. Twi
English pictures fared very poorly
"Loyalties" at the Mayfair taking ii
$4,500 in five days and "Man o
Aran" garnering $4,200 on a two-a
day policy at the Criterion.
Whitney to Produce
Technicolor Series
(Continued from page 1)
Pictures were made public last nigh'
by John Hay Whitney before leaving
by plane for New York.
It was also revealed by Whitney
that Merian Cooper, upon comple
tion of his two-picture contract witf
Radio, will join his company as vice-
president in charge of production o)
the series, regarding which no re-,
leasing arrangements have been made
thus far, except for the first, "Becky
Sharp." This film, which will be re-
leased through Radio, goes into pro-
duction Nov. 30.
Whitney, with visions of a great
future for color pictures, has re-
tained Robert Edmond Jones for his
knowledge of color and lighting.
Upon his arrival in New York,
Whitney will set up headquarters
there in the Grand Central Terminal
Building and will organize a complete
staff. He plans to get back to the
coast around Thanksgiving Day.
Picture
Industry
MOTION PICTURE
DAILY
Alert,
Intelligent
VOL. 36. NO. 107
NEW YORK, MONDAY, NOVEMBER 5, 1934
TEN CENTS
Studios Watch
Equity Moves,
But Are Quiet
Union Labor Support Is
Believed Unlikely
Hollywood, Nov. 4.— Producers are
maintaining an attitude of watchful
waiting insofar as the proposed Ac-
tors' Screen Guild and Equity merger
is concerned. They will not discuss it
individually and the Producers' Ass'n
has also maintained silence, but the
impression prevails they are not par-
ticularly disturbed. >
Failure of the Producers'-Actors'
Five-Five Committee to agree on any
point in connection with code prac-
tices is held to be the reason the guild
has resorted to Equity in order to
strengthen its demands with organ-
ized labor support.
Observers here agree that producers
might accede to some of the players'
demands, but the impression prevails
that resort to a strike would not get
acting talent any further than did
the Equity row in 1929.
Production is ahead of schedule, and
cameramen and sound men have their
own organizations. Carpenters, grips
and other studio unions are not usu-
ally sympathetic toward the problems
of players, because of the prevailing
attitude of their membership that ac-
tors get more than they are worth.
In the Equity trouble of 1929 lead-
ing players under contract held to their
contracts. Many of these are members
of the guild and it is believed they
would do the same thing again.
U. A. and Loew Agree
Upon Day, Date Deal
Hollywood, Nov. 4. — United Art-
ists has entered into a temporary
arrangement with F. W. C whereby,
beginning Nov. 15, the Chinese and
Loew's will play day and date, with
"The White Parade" starting the new
policy.
Lack of U. A. product to keep the
Chinese going necessitated the arrange-
ment. Like Loew's, the Chinese will
drop prologues. Sid Grauman will
remain in charge.
S. & C. Houses Gain
On a Skouras Deal
Failure of Skouras and RKO to get
together on a pooling arrangement for
the Riverside and 81st St. has worked
to the advantage of Springer & Co
calis.
Heretofore operating the Stoddard
(Continued on page 4)
$18,000,000 Offer for
F.W.C. Assets on Way
Memphis Long
User of Film
Ad Lettering
Memphis, Nov. 4. — The audience
suitability classification idea has long
been in use here by M. A. Lightman's
Community Theatres, which print in
their daily ads the marking designat-
ing adult, adolescent or family pic-
ture. This plan differs from the War-
ner Philadelphia idea in that Light-
man's houses use the designation fixed
by the Better Films Council rather
than their own decisions.
This is done in addition to the week-
ly classification guide which the coun-
cil prepares and releases each Sunday
through The Commercial Appeal.
Local theatres otherwise have been
more or less set against the idea, al-
though the opposition seems to have
faded within the past few months. The
Orpheum has on several occasions in-
serted in its advertising matter the
words "not for children."
Warner executives here are, of
(Continued on page 2)
Warners Proclaim
Lettering Success
Philadelphia, Nov. 4. — Warners
took large newspaper space yesterday
in all the dailies to proclaim the suc-
cess of its audience classification plan.
Under the heading, "The Stanley-
Warner Plan Is a Success !" the
advertisement reproduced editorial
comment which greeted the idea of
tabulating each photoplay with an
"A" or an "F." The idea has caused
considerable comment both in news-
papers and at local club meetings,
particularly among the women's clubs.
Mississippi MPTO
To Battle 10% Tax
Jackson, Miss., Nov. 4. — The
M.P.T.O. of Mississippi has decided
to descend en masse on the legislature
when it convenes and fight for a re-
peal of the present 10 per cent amuse-
ment tax. It is really a 12 per cent
tax, since the sales tax is added. No
(Continued on page 2)
Different Spelling
Kansas City, Nov. ,4. — An
exhibitor was booking some
pictures at a local exchange
the other day. Inquiring
about a western, he asked:
"Is this a Maynard or a
Steele?"
"It's a Maynard," replied
the broker, "but at the price
you're buying it it's a steal."
Music Hall to
BeControlled
By a New Unit
A new corporation, understood to be
wholly owned by Rockefeller Center,
has been formed to become lessee of
the Music Hall under the new agree-
ment between RKO, RCA and Rocke-
feller Center covering the future oper-
ation of the house, it was learned on
Saturday.
If the agreement is approved by the
Federal district court here, following
a hearing scheduled for Nov. 9 before
Federal Judge William Bondy, oper-
ation of the Music Hall will, in effect,
be independent of RKO. W. G. Van
Schmus will continue in charge of
(Continued on page 4)
Big Nebraska Suit
May Be Tried Soon
Lincoln, Neb., Nov. 4. — Federal
Judge T. C. Munger has called a
jury to hear a number of matters
here Nov. 7. No cases have been
set down for trial, but it is believed
the pending four suits filed by Ne-
braska theatre owners against 13 dis-
tributing agencies will be heard.
The theatre men, C. N. Robinson
of Blair, Eric Wesselman of Pierce,
(Continued on page 2)
Buffalo Board Stops
Non-Theatre Service
Buffalo, Nov. 4. — Film Classic
Exchange, Inc., has been ordered to
stop servicing a non-theatrical ac-
count, the Casino de Paris restaurant
in Olean by the grievance board. F.
(Continued on page 2)
Chase, Fox Film Set on
Plan — Revamping
Gets Closer
Los Angeles, Nov. 4. — Principal
creditors of Fox West Coast, one of
the industry's largest circuits and the
theatre colossus of the Pacific Slope,
are understood prepared to bid $18,-
000,000 for the assets of the company
on Nov. 8, following which Referee
W. S. McNabb is expected to set a
hearing, probably two weeks later
when the private sale will take place.
Under reorganization plans under-
stood agreed upon by Chase National
Bank and Fox Film, the two princi-
pal creditors, the name of Wesco as
holding company for the some 400 odd
theatres will be changed to National
Theatre Corp. Papers for incorpora-
tion have been, or will be, filed in the
east, probably in Wilmington Del.
S. R. Kent, it is understood, is down
for the top spot in the holding corpo-
ration with Charles Skouras as first
vice-president and W. C. Michel as
second vice-president. Michel is first
vice-president of Fox Film.
Fox West Coast Theatres, under the
new plan, will be known as Fox West
Coast Theatres Corp., the only dif-
ference being the addition of the word
"corporation." Spyros and Charles
Skouras, who are now holding daily
confabs with Chase officials and Kent,
are understood set to get five-year
contracts, with options for five more
(Continued on page 4)
Report Arthur Seeks
The L. A. Paramount
Los Angeles, Nov. 4. — Reports are
current that visits of Harry C. Arthur
and Jack Partington here were in
connection with a deal for the Para-
mount houses operated by F. W. C.
Arthur is back in New York while
Partington is still around conferring
with Mike Marco of F. & M.
Harry Arthur denied the coast re-
ports, stating he would not do any-
thing to slight S. R. Kent.
Arthur also denied rumors that he
would join Paramount as a theatre
executive.
Fred Meyer Is Made
An Aide to Laemmle
Milwaukee, Nov. 4.— Fred Meyer
will leave here Nov. 9 to become
assistant to Carl Laemmle, Sr., at the
Universal studios.
MOT ION P1CTVRI
DAILY
Monday, November 5, 1934
Insiders' Outlook
Memphis Long
User of Film
2
MOTION PICTURE
DAILY
(Registered U. S. Patent Office)
Vol. 36 November 5, 1934 No. 107
Martin Quigley
Editor-in-Chief and Publisher
fo^fiH MAURICE KANN MDA
JAMES A. CRON 3K.
I^B^B Advertising Manager zJLl.
Published daily except Sunday and holi-
days by Motion Picture Daily, Inc., sub-
sidiary of Quigley Publications, Inc.,
Martin Quigley, President; Colvin Brown,
Vice-President and Treasurer.
Publication Office: 1790 Broadway, New
York. Telephone Circle 7-3100. Cable ad-
dress "Quigpubco, New York." All con-
tents copyrighted 1934 by Motion Picture
Daily, Inc. Address all correspondence to
the New York Office. Other Quigley pub-
lications: MOTION PICTURE HERALD,
BETTER THEATRES, THE MOTION
PICTURE ALMANAC and THE CHI-
CAGOAN.
Hollywood Bureau: Postal Union Life
Building, Vine and Yucca Streets, Victor
M. Shapiro, Manager; Chicago Bureau: 407
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ford, Manager; London Bureau: Remo
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Bruce Allan, Representative. Cable address:
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Bureau: Viale Gorizia, Vittorio Malpassuti,
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sex Street, Cliff Holt, Representative; Mex-
ico City Bureau: Apartado 269, James
Lockhart, Representative; Glasgow Bureau:
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sentative; Budapest Bureau: 3, Kaplar-u,
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N. 25, Apart. 146, Moscow, U. S. S. R.,
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dress: "Samrod, Moscow."
Entered as second class matter, January
4, 1926, at the Post Office at New York
City, N. Y., under Act of March 3, 1879.
Subscription rates per year: $6 in the
Americas, except Canada $15 and foreign
$12. Single copies: 10 cents.
Weeks Starts Tour;
More G. B. Additions
George W. Weeks, general sales
manager of G. B., left New York
Friday to visit all company repre-
sentatives in key cities and discuss
plans for his first eight releases.
Buffalo is his first stop, Kansas City,
the second, and Dallas, the third. He
returns here Dec. 1.
Prior to his departure, he appointed
Jack McCarthy, formerly with U. A.,
to take charge in Omaha; R. J. Heft,
Des Moines, and Fred Abelson, Min-
neapolis. Eleven new salesmen, also
named, follow :
Sid Shuster, Milwaukee; James H. But-
ner, Atlanta; R. O. Laws. Cincinnati;
Joseph Schneider and J. C. Whitlock. At-
lanta; Charles Lundgren, Chicago; William
Winship, Los Angeles; Harry D. Noble,
New Haven; George Dillon, Baltimore;
Walter Pratt, New York, and Art. Hues-
man, Minneapolis.
Estelle Schrott has been placed in
charge of fan magazine publicity.
Mississippi MPTO
To Battle 10% Tax
(Continued from page 1)
industry, with the possible exception
of the automobile, is so heavily taxed
in Mississippi, said Ed Kuykendall,
national president.
Officers reelected were: R. X. Wil-
liams, Jr., Oxford, president ; J. E.
Alford, McComb, vice-president ; J.
A. West, Ellisville, second vice-presi-
dent; W. E. Elkins, Aberdeen, secre-
tary-treasurer.
MORE on the Davies-Hearst-
Cosmopolitan - Warner ar-
rangement, this time from Holly-
wood : There, it has been one of
those open secrets that dissatis-
faction over the old arrange-
ment was not limited to Miss
Davies, but encompassed Metro
as well. Each party wanted to
have the final word in story se-
lection. Hollywood has heard
and, therefore, credits the yarn
that Marion wanted to do Eliza-
beth Barrett in the "The Bar-
retts of Wimpole Street," but, of
course, it was Norma Shearer,
wife of Producer Irving Thal-
berg, who got the part. It is un-
derstood the actual Cosmopolitan-
Warner deal foamed into its final
froth in 66 hours, although, as
told to you the other day, it has
been on* and off again at least
twice in the last four or five
years. Thus Miss Davies, about
to get a star dressing room in
Burbank when it has been in Cul-
ver City for so many years, feels
she will have more freedom and
independence and, above all, a
new environment which those
who know the situation say she
has been seeking for some time. . .
▼
One, only one, reason for the
Production Code : New York
State censors cut this and that to
the tune of 2,195 eliminations in
8,362 reels of film during the cal-
endar year to June 30. What was
scissored : Indecent, 838 clips ;
tending to incite to crime, 511;
immoral or tending to corrupt
morals, 752. In lesser key were
inhuman, 79 clips ; sacrilegious,
15. . . . Nothing since the phe-
nomenal success of the Mickey
Mouse and Silly Symphony series
hit the short subject field like the
"Dumb Bell Letters" laugh-get-
ters. That is, unless this dodder-
ing memory has gone completely
to pot. The inside has it the en-
tire negative cost returned itself
to Van Beuren from first run
rentals out the metropolitan area
alone. . . .
Several pens are poised over
several copies of the same con-
tract. But between the down
stroke and the signatures, how-
ever, much may happen. If the
blotters get a chance to work, on
the other hand, the deal which
then will become a fact will be
interesting, although not surpris-
ing. Interesting, because it will
bring into being an entirely new
set-up in a field paralleling dis-
tribution. No surprise, because
the talk of the move has been
around for weeks. Those signa-
tures, or rather lack of them, pro-
vide the hitch. . . .
▼
Now that Sidney R. Kent has
signed a new three-year contract
with Fox, wild yarns about a new
allegiance for him will pass out
of the picture because they no
longer will have any place to go.
There's a tale of its own behind
the various stories picking up
Kent from Fox and setting him
down elsewhere and some reason
to believe the purpose was to
cause him embarrassment — noth-
ing more, nothing else. . . . First
Division is in the throes of an
important deal. Time will tell
soon enough. . . .
KANN
Laemmle, Jr., Here Soon
Carl Laemmle, Jr., arrives from the
coast on the Santa Rosa tomorrow.
After a few days here he will sail for
Europe for a vacation, the first in five
years.
Mrs. Leo Forbstein and her daugh-
ter, Harriet, are on the same boat.
Mrs. Forbstein is the wife of Warners'
studio musical director.
Starts 2nd Invincible
Hollywood, Nov. 4. — Maury M.
Cohen, producer of Invincible Pic-
tures, starts work tomorrow at the
Pathe Studios on the second of his
releases for the current season. The
picture is now titled "The Ghost
Walks."
Ad Lettering
(Continued from page 1)
course, awaiting instructions. Loew
managers were non-committal.
The idea is certainly not new here,
having long been debated, but nobody
has much to say now that one of the
national circuits has taken up the plan.
Mrs. Larry S. Akers, president of
the Better Films Council, expressed
interest in the Warner experiments in
Philadelphia. She described it as a
splendid move and said that there will
certainly be no conflict between her
classifications and those of the Warner
here should Memphis follow the Phila-
delphia lead.
"I think the more services of this
type available to the public, the better
it is for all concerned," Mrs. Akers
said. "In fact, it will be interesting
to compare the two. I feel that after
a time the viewpoints will become so
nearly identical that lists prepared by
our council will not differ greatly
from those of the theatres themselves."
Big Nebraska Suit
May Be Tried Soon
(Continued from page 1)
G. G. Griffin of Plattsmouth and
Clarence J. Kremer of Stanton, are
seeking damages totaling $217,500
from the defendants for alleged "un-
fair trade practices."
The plaintiffs allege they are forced
to give houses in bigger cities pro-
tection by a conspiracy of the de-
fendants and that the protection forces
them to use second run pictures, driv-
ing away trade.
The plaintiffs allege that the in-
junction granted in the Youngclaus
case is bejng violated. The defend-
ants are:
Omaha Film Board of Trade, Para-
mount Publix, First National Pictures
Distributing, M-G-M Distributing,
Universal Film Exchanges. Fox,
United Artists. RKO-Pathe Distribut-
ing, RKO Distributing, Vitaphone
Distributing, M. P. P. D. A., Pub-
lix Theatres, and Publix-Nebraska.
Buffalo Board Stops
Non-Theatre Service
(Continued from page 1)
W. Westfall, proprietor of the Haven
in Olean, charged unfair competition.
Premature advertising was charged
by the Strand, Schine house at Os-
wego, against the Quirk in Fulton,
operated by Paul Kraus. A cease and
desist order was issued.
Two cease and desist orders were
granted in reduced admission cases.
Complaints were brought by Isadore
Berinstein, proprietor of the Strand
in Seneca Falls, against Frank and
Lucy Ricciardiello, operators of the
Falls in the same village ; and by
Schine's Riverside in Buffalo against
the Jubilee in the same city, operated
by M. B. Schwartz.
B. & K. Men Return
John Balaban and Walter Immer-
man of the B. & K. circuit in Chicago
have returned to the Windy City after
spending two days here on product
deals. Barney Balaban remains for a
few days.
Most Issues Steady on Big Board
Net
High Low Close Change Sales
Consolidated Film Industries 3J4 3% 3y2 + J£ 300
Consolidated Film Industries, pfd 16% 15% 16% -f- 5| 500
Eastman Kodak 105^5 105 105 — y2 500
Fox Film "A" 12>/2 12% 12%+^ 100
Loew s, Inc 30^ 30y2 30& + yA 1.200
Loew's, Inc.. pfd 97 97 97 100
Paramount Publix, cts V/z 3?£ 4% + % 2.800
Pathe Exchange V-£ \% 1% m
Pathe Exchange "A ' uy2 13'/2 13y2 + y2 100
KKO ... 1* IX 154 ~yk 1.400
Warner Uros., pfd t,y2 4j4 ji/2 jry\
Trans Lux Drops % on Curb
Net
High Low Close Change Sales
Technicolor 13 12% 13 500
Trans Lux 1?^ 1M 1M — 9^ 200
Warner Bonds Lone Issue
Net
High Low Close Change Sale
Warner Bros. 6s '39 wd 59J4 58}$ 58M — H 4
THEY'RE IN THE
MOVIES NOW
Warner Bros. Win Dizzy Race
for Film Services of That De-
lirious Duo of the Diamond —
Direct from the front pages
to you! The $7,000-a-week
stage attraction — now
yours for the price of a
8 H 0 R T
Grab that 'phone and grab the timeliest attrac-
tion of the hour, in a 2-reel "BigV" Comedy-
DIZZY & DAFFY
READY DEC. 8th
with Shemp Howard and Roscoe Ates added
to make it surefire laugh entertainment for
every member of the audience.
WONDER WE SAY-
LEADS IN STARS!
MOTION PICTURE
DAILY
Monday, November 5, 1934
with a full house
every time
RCA VICTOR
PHOTOPHONE
OFFERS:
nfailing Sound Satisfaction
Sound Box Office Attraction
omplete Ownership
Self-Liquidating Investment
PHOTOPHONE DIVISION
VICTOR COMPANY, Inc.
Camden, N. J.
Radio Corporation of America Subsidiary
ELITV
MOTION PICTURE DAILY*
HOLLYWOOD PREVIEW
"The Painted Veil"
(M-G-M)
Hollywood, Nov. 4. — The eternal love triangle is here mounted on a
background of lavish, grotesque settings that move from a quaint Austrian
village to Hong Kong, mirroring in minute detail the lives, loves and
customs of both countries. It is all photographed with such artistry by
William Daniels that those appreciative of art will overlook certain
weaknesses of the story.
The story concerns Herbert Marshall, a doctor, who, after holding his
love for Greta Garbo a secret for twoscore years, suddenly proposes
marriage. In China, he becomes obsessed with his duty in fighting the
cholera plague, leaving the opportunity for George Brent to move in and
give the bride the affection she has craved.
Because of the heavy treatment in an attempt to make the audience
feel the emotions of these three people, the sudden transition of events
is very apt to leave too much for the average audience to grasp. There-
fore, whatever story there is will be appreciated largely by the sophisti-
cated possessed of sufficient alertness and intelligence to keep pace with
the plot as it unravels.
Garbo fans, because her beauty and charm are revealed by exquisite
photography, will marvel at the striking effects obtained. Others, ex-
pecting to find a story without exerting their brain, probably will discover
this a rather boresome plot, but may be compensated by other redeeming
features of the startling settings and excellent camera work.
Others in the cast are Warner Oland, Jean Hersholt, Beulah Bondi,
Katherine Alexander and Cecilia Parker. The film was directed by
Richard Boleslawski and produced by Hunt Stromberg. No code seal.
Running time, 90 minutes.
$18,000,000 Bid for
FWC Assets on Way
(Continued from page 1)
years. The agreements are said to be
all set except for signatures by the
Skouras Brothers.
Completion of reorganization plans
is not expected before Jan. 1, 1935.
After Fox West Coast is rehabilitated,
subsidiary operating groups like Fox
Midwest, Fox Midland and Fox
Rocky Mountain will follow the same
line of procedure.
Ralph S. Harris of the law firm of
Hughes, Schurman & Dwight, attor-
neys for F. W. C, arrives here from
the east within the next few days to
work out details. Skouras and his
secretary, Edward Zabel, are also ex-
pected from New York later in the
week. It is understood they are stay-
ing east until the elections are over.
W illiam Powers, F. W. C. attornejr,
is running for attorney general of
New York State.
On Oct. 28, the last of the major
claims against F. W. C. was filed. One
of the claims is for final settlement
of compensation for the three trustees,
Skouras, William H. Moore and
Charles C. Irwin. The sum asked for
is $200,000 for services up to Sept. 29.
Another claim was filed by O'Mel-
veny, Tuller and Meyers, law firm,
seeking $212,000.
The greatest obstacle in the path of
reorganization is regarded as having
been cleared on Oct. 1, when the Cir-
cuit Court of Appeals in New York
refused to reopen the hearing on the
settlement of Paramount Publix claims
against F. W. C. Samuel Zirn brought
the action as representative for a group
of Paramount bondholders. Since this
action, developments have been mov-
ing at a fast clip.
Efforts over the week-end to check
with F. W. C. officials on the reorgan-
ization resulted in denials from all
contacted. No one at the Fox home
office seemed to know any of the de-
tails of the reorganization outline.
Skouras Stays as Head
San Francisco, Nov. 4. — Spyros
Skouras will continue as operating
head for all F. W. C. houses under
reorganization plans completed in New
York during the last week. He will
work directly under S. R. Kent, presi-
dent of Fox Film and the new hold-
ing company, in the east.
Expect Mid-West Sale Dec. 1
Kansas City, Nov. 4. — Sale of F.
W. C. unit assets at foreclosure as the
initial step in the circuit's reorganiza-
tion will take place around Dec. 1,
according to information from New
York.
First indications were that the sale
would take place about Nov. 1, but
ironing out of some details took longer
than expected. Following the sale, it
will take a month or two for final
approval of claims and distribution of
dividends, with January or February
tentatively set for complete reorgan-
ization.
Foreclosure sale of assets of Fox
Midland and Fox Rocky Mountain,
important subsidiaries of F. W. C,
is not expected before Jan. 1. The two
units filed in bankruptcy in the Fed-
eral District Court here. Steps to-
ward their reorganization are awaiting
a new setup of the parent company, as
the West Coast and subsidiary groups
are interlocked and certain problems
more or less affect all companies in-
volved.
It is highly probable Elmer C.
Rhoden will be president of the new
company to replace Fox Midland and
Rick Ricketson may head the new Fox
Rocky Mountain outfit.
National Theatre Organized
Dover, Nov. 4.— Wesco Corp. has
changed its name to National Theatre
New Corporation to
Control Music Hall
(Continued from page 1;
operations as managing director of the
house for Rockefeller interests.
RKO, however, retains a participat-
ing affiliation with the Music Hal:
through RKO Service Corp., whicl
will continue to perform, for a weekh
fee to be paid by the Music Hall, cer-
tain management services defined fa
the agreement, the fees to be based
upon a percentage of average gross
receipts of the house. It is anticipated
the fee will approximate about ? 1,500
per month.
Agreements covering RCA's ad-
vances to Rockefeller Center for rental
deficiencies in the past, estimated to
amount to approximately S900.000, are
also covered in the new pact.
S. & C. Houses Gain
On a Skouras Deal
(Continued from page 1)
as a second run, Springer & Cocalit
combined this house with Skouras'
Nemo and Riverside, all three playing
Fox, Columbia and Universal first run.
Skouras wanted to pool with RKO
and give the 81st St. Fox product in
exchange for Paramount and War-
ners on a day-and-date policy. RKO
turned down the offer and Skouras
then made a deal with S. & C. Thr
Stoddard is the only S. & C. fiFst run1
on Broadway. ~ "
Corp., New York City, increasing iu
capital stock from 1,000 shares to
1,800,000 at no par value.
Papers were filed by the U. S. Corp.
Co. of New York City.
May Hit Snag on Name
Albany, Nov. 4.— Little hope is
held that National Theatre Corp. will
be the new name for Wesco. In 1926,
National Theatres, Inc., was formed
in Wilmington and chartered in this
state. Since this name is so similar
to the new one, there is no likelihood
of it being accepted by the Secretar.
of State here.
Ricketson Returns Soon
Denver, Nov. 4.— Rick Ricketson.
operating head of Fox Rocky Moun-i,
tain, returns from New York withhfl
the next few days after a series of I
conferences with Spyros and Charles
Skouras.
While in New York Ricketson is
understood to have gone over details
of reorganization for Fox Rock} j
Mountain, which will be taken out o:'
bankruptcy after F. W. C. is re-
aligned.
The Fox Rocky Mountain unit i:
understood in good shape and on ;
profitable basis, making reorganizatioi
easv.
Flash Preview
The Bride mid the Best Man-
. . . a weak story dressed up wit!'
rowdy, clean comedy and good per
formances. . . .
This Him -will be reviewed in full in
later issue of Motion Picture Daily.
Sign for Liberty Films
Cooperative Booking Offices in De
trait has signed for the entire Libert
lineup, Budd Rogers, general sale
manager, stated Saturday. Sam Sep
lowin of the Monogram exchange, han
dling the product in Detroit, closed th
deal.
S
De jl
lie I
e I
The Leading
Daily
Picture
Industry
MOTION PICTURE
DAILY
Alert,
Intelligent
the In
in All
Branches
,rOL. 36. NO. 108
NEW YORK, TUESDAY, NOVEMBER 6, 1934
TEN CENTS
Kent to Head
More New Fox
Theatre Units
Will Be Made President
As They Are Formed
Los Angeles, Nov. 5. — S. R. Kent,
president of Fox, will be top man in
ill Fox theatre units. He is president
jf National Theatre Corp. and Fox
West Coast Theatres Corp., new com-
panies formed last week in the east
to replace Wesco and Fox West Coast
Theatres, the former a holding com-
pany for around 400 theatres and the
latter operating firm for Fox coast
houses. When new companies are
formed to replace Fox Rocky Moun-
tain, Fox Midland and Fox Midwest,
in addition to other subsidiaries, Kent
will be listed as president.
Reorganization of subsidiaries will
follow shortly after Fox West Coast
(Continued on page 6)
Reade-Fox Split
On"White Parade"
Walter Reade yesterday obtained
release of his Fox contract for the
Mayfair from S. R. Kent following
booking of "The White Parade" into
the Paramount.
Fox has a contract with the Music
Hall for 22 pictures, "The White
Parade" being on the list. Because
of a nationwide drive for dates for
the week Nov. 9-16, Fox asked the
Music Hall to either book the film
for the week or release it. The Mus-
sic Hall released it and Fox sold it
to the Paramount.
Under Reade's contract with Fox
(Continued on page 6)
Watson Resigns as
Fox Theatres Head
The resignations of Archibald R.
Watson as president of Fox Theatres
Corp. and of Watson & Wilguss as
attorneys for receivers for the com-
pany were accepted yesterday by Fed-
eral Judge Martin Manton.
Watson, who is a member of the
Watson & Wilguss firm, was elected
president of Fox Theatres last August,
shortly before a petition for reorgani-
zation of the company under Section
77-B of the Bankruptcy law was filed
by creditors. The petition for reor-
ganization was later attacked by other
creditors on the ground of bad faith
and was withdrawn with leave to re-
instate it after an examination of the
claims in question before special mas-
ter on Nov. 8.
Supreme Court Agrees
To Review Patent Case
Chicago Is Cold to Plan for
Films Classified by Letters
Chicago, Nov. 5. — No effort has been started here to segregate
pictures under the classifications of adult and family entertain-
ment. Circuit executives state that this system would find little
enthusiasm among them. For one thing, they claim that such a
practice would virtually amount to giving approval to the scheme
of the local censor board which "pink tickets" productions it con-
siders suitable for strictly adult trade.
There has always been plenty of difference of opinion between
local exchanges and the censor board over the matter of "pink"
permits.
Milwaukee Is
For Lettering
Picture Types
Milwaukee, Nov. 5. — Although no
efforts at segregating films for adult
and family entertainment as carried on
by Warners in Philadelphia have been
attempted in the Milwaukee area, the
plan is regarded with favor by other
circuit operators here.
Parents' and teachers' organizations
have been seeking cooperation from
exhibitors in establishing family nights
on Fridays. Exhibitors pointed out
that it is often difficult for exhibitors
to book suitable family films on a
designated night each week and the
designating of entertainment in the
Warner style may help to solve the
problem.
Another difficulty facing exhibitors
in respect to a successful operation
of such a plan is the dual feature
policy, which is general throughout
the city and may make it hard for a
circuit to play two films suitable for
adult or family audiences on the same
bill.
DeMille and Para.
Deal Is Approved
A compromise and settlement of all
claims against Paramount Publix by
Cecil B. DeMille Prod., calling for
payment to DeMille of $202,915 by
Paramount Prod., was approved yes-
(Continued on page 6)
Brooklyn Stay
In Tri-Ergon
Case Modified
Erpi and Paramount Publix won an
important point over American Tri-
Ergon in Federal Court at Brooklyn
yesterday when Judge Marcus B.
Campbell ruled that certain provisions
in the interlocutory decree submitted
by Tri-Ergon to put into effect the
court's original findings of a year ago
in the double print patent infringement
case would work an undue hardship
on Paramount and eliminated the pro-
visions from the decree.
Charles Neave, of counsel for Erpi,
which is defending Paramount, had ar-
gued that the interlocutory decree pre-
pared by Tri-Ergon for Judge Camp-
bell's signature might, if approved, re-
sult in an injunction "against the
products of the patented process"
which, Neave said, might restrain
Paramount from distributing films
made with the double print process,
rather than merely enjoining Para-
(Continued on page 2)
Production Drops;
33 Features Going
Hollywood, Nov. 5. — Production
for the past week took a decided drop
over the preceding week in both fea-
ture and short subject departments.
There were 33 features and five shorts
(Continued on page 2)
Reversal of Stand Will
Hold Up Tri-Ergon
Series of Suits
Washington, Nov. 5. — Acting upon
the petition filed Nov. 2 by Paramount
Publix Corp., the U. S. Supreme
Court today vacated its order of Oct.
8 refusing to review the Circuit Court
of Appeals decision in the cases brought
by American Tri - Ergon against
Paramount Publix, Altoona Publix and
Wilmer & Vincent, and agreed to re-
view the cases.
By its action today the court pre-
vents the pressing of the suits brought
by William Fox against nearly all of
the important producing companies and
laboratories for infringement of the
flywheel and double print patents,
since the decisions of the lower courts
cannot now be considered as final.
By its order of Oct. 8 the Supreme
Court, in effect, affirmed the decision
(Continued on page 2)
Rockefeller Center
Will Get $700,000
An initial rent participation for
Rockefeller Center of $700,000 per
year out of Music Hall operations,
with provisions for additional parti-
cipation, is specified in the new lease
agreement submitted to the Federal
court here late last week.
The agreement, dated as of Sept. 1,
last, is for one year and calls for a
first payment of $26,000 per year to
(Continued on page 6)
New Assessment on
Code Is in Effect
Producer and distributor assess-
ments in addition to the second half-
year levy for exhibitors are now in
effect, Harold S. Bareford, member of
the code finance committee, stated yes-
terday.
Bareford stated that he had straight-
ened out with the NRA officials in
Washington objections by Monogram
franchise holders, and that the Divi-
sion of Research and Planning had ap-
proved the revised plan. Under the
revision producers and distributors do-
ing an annual business of $750,000 or
less will have credited to next year's
assessment all payments over $18,000.
This is what W. Ray Johnston orig-
inally wanted, Campi stated yesterday.
MOTION PICTURE
DAILY
Tuesday, November 6, 1934
MOTION PICTURE
DAILY
(Registered U. S. Patent Office)
Vol. 36
November 6, 1934
No. 108
Martin Quigley
Editor-in-Chief and Publisher
MAURICE KANN
Editor
JAMES A. CRON
Advertising Manager
Published daily except Sunday and holi-
days by Motion Picture Daily, Inc., sub-
sidiary of Quigley Publications, Inc.,
Martin Quigley, President; Colvin Brown,
Vice-President and Treasurer.
Publication Office: 1790 Broadway, New
York. Telephone Circle 7-3100. Cable ad-
dress "Quigpubco, New York." All con-
tents copyrighted 1934 by Motion Picture
Daily, Inc. Address all correspondence to
the New York Office. Other Quigley pub-
lications: MOTION PICTURE HERALD,
BETTER THEATRES, THE MOTION
PICTURE ALMANAC and THE CHI-
CAGOAN.
Hollywood Bureau: Postal Union Life
Building, Vine and Yucca Streets, Victor
M. Shapiro, Manager; Chicago Bureau: 407
South Dearborn Street, Edwin S. Clif-
ford, Manager; London Bureau: Remo
House, 310 Regent St., London, W. 1,
Bruce Allan, Representative. Cable address:
"Quigpubco, London"; Berlin Bureau:
Berlin - Tempelhof , Kaiserin - Augustastrasse
28, Joachim K. Rutenberg , Representative;
Paris Bureau: 19, Rue de la Cour-des-
Noues, Pierre Autre, Representative; Rome
Bureau: Viale Gorizia, Vittorio Malpassuti,
Representative; Sydney Bureau: 102 Sus-
sex Street, Cliff Holt, Representative; Mex-
ico City Bureau: Apartado 269, James
Lockhart, Representative; Glasgow Bureau:
86 Dundrennan Road, G. Holmes, Repre-
sentative; Budapest Bureau: 3, Kaplar-u,
Budapest, II, Endre Hevesi, Representa-
tive; Moscow Bureau: Civtzev Vrazhek,
N. 25, Apart. 146, Moscow, U. S. S. R.,
Bella Kashin, Representative. Cable ad-
dress: "Samrod, Moscow."
Entered as second class matter, January
4, 1926, at the Post Office at New York
City, N. Y., under Act of March 3, 1879.
Subscription rates per year: $6 in the
Americas, except Canada $15 and foreign
$12. Single copies: 10 cents.
"Lemon Drop" Takes
$14,000 First Week
"Lemon Drop Kid" at the Rialto
chalked up a neat gross of $14,000 in
seven days. First three days of "Six-
Day Bike Rider" showed signs of
weakness, but Election Day, today, is
expected to brace the week's tally.
Third week of "Merry Widow" at the
Astor tapered to $8,700.
"Student Tour" bowed out of the
Mayfair last night after a bad week.
The take for the seven days was
$7,800.
Jewish Picture to Open
"The Youth of Russia," Jewish talk-
ing picture dealing with youth in the
Soviets, opens at the Clinton tomor-
row. The picture was produced by
Sov-Am Film Corp.
"Lenin" Set at Cameo
"Three Songs of Lenin," an Am-
kino release, will have its world pre-
miere at the Cameo here today, the
day before the film opens in Moscow.
MINUTE
FILM5
'ALL THRILLS * No Pdddind
r-£UR€KA PRODUCTIONS
7^3-7'thAVE. New York. N Y.
Brooklyn Stay
In Tri-Ergon
Case Modified
(Continued from page 1)
mount from further use of the patented
process held to be infringed.
Judge Campbell also eliminated a
part of the decree which, Neave al-
leged, would permit Tri-Ergon to pro-
ceed immediately against Paramount
Publix by directing an action against
Charles D. Hilles, Eugene W. Leake
and Charles E. Richardson, trustees
of Paramount Publix, under the bank-
ruptcy reorganization laws. In this
respect, Judge Campbell held that Fed-
eral Judge Alfred C. Coxe, of the
U. S. District Court here, whose juris-
diction extends over Paramount's re-
organization proceedings, should have
final voice. It was pointed out that
the Tri-Ergon action involves but one
claim against Paramount, whereas
Judge Coxe's jurisdiction in the com-
pany's affairs includes broad powers
conferred on him by Congress under
Section 77-B of the bankruptcy laws.
Asks Action in Coxe Court
"I do not believe," Judge Campbell's
opinion referring to this part of the
decree reads, "that I should attempt to
do by indirection what I cannot do di-
rectly. Therefore, if it is desired to
proceed against the trustees, it should
be by appropriate proceedings with the
court in the Southern District (Judge
Coxe) ."
Judge Coxe ruled, however, that a
paragraph should be added to the de-
cree stipulating that judisdiction is re-
tained by him "to order the issuance
of a writ of execution on a proper
application subsequently made there-
fore" and ordered that one day's no-
tice of such action be given Para-
mount by Tri-Ergon. Thus, new Tri-
Ergon procedures, authorized by Judge
Coxe, may proceed in the Brooklyn
Federal Court on the specified notice
to Paramount.
Judge Coxe, last week, lifted the
injunction, as it applies to Tri-Ergon,
which accompanied the court order
appointing trustees for Paramount as a
debtor company in reorganization and
which restrains creditors from contin-
uing or bringing new suits against
the debtor company. Thus, additional
moves by Tri-Ergon between now and
the expected reorganization of Para-
mount may be initiated subject to
Judge Coxe's approval.
Judge Campbell instructed Tri-
Ergon attorneys to present a new form
of interlocutory decree minus the pro-
visions to which objections had been
raised.
It is understood that, as a result of
the U. S. Supreme Court's action
granting a review of the Circuit Court
of Appeals ruling, action on the new
form of decree will be automatically
held up until a ruling has been handed
down in Washington.
Production Drops;
33 Features Going
(Continued from page 1)
before the cameras in comparison with
38 and seven for the week previous.
In addition, there are 22 features
and seven shorts in the final stages of
preparation, while 45 features and 21
shorts are in the cutting rooms.
Of the above totals Paramount had
five features in work, five preparing
and five editing ; Fox had five, two
and four ; Universal, four, two and
three ; Warners, four, one and seven ;
M-G-M, three, six and nine; Colum-
bia, three, one and six ; Radio, two,
zero and five ; Century, one, zero and
zero ; Roach, zero, zero and one ; while
the independents had six, five and five.
In the short subject division Roach
had one in work, one preparing and
two editing ; M-G-M reported zero,
three and five ; Universal, zero, zero
and one ; Columbia, zero, zero and
three ; Radio, zero, zero and five,
while the independents totaled four,
three and five.
Fox Golfers Get Hot
Golf rivalry between the Fox pub-
licity and advertising departments has
reached an acute stage. In Saturday's
match at Sprain Lake, Tuckahoe, E.
W. Wingart and Elliott McManus,
publicity, shot an 85 and 89, respect-
ively, and Carl Moss and Russell
Moon, advertising, rolled up 110 and
91, respectively.
'Death Dealers' for B'way
"Death Dealers," purported to be an
expose of the munitions racket, will be
given a Broadway opening by Topical
Pictures the first week in December.
Big Board Stocks Show Better Tone
Net
High Low Close Change Sales
Columbia Pictures, vtc 3644 3654 3624 + 44 400
Consolidated Film Industries 346 354 354 800
Consolidated Film Industries, pfd 1654 1554 1656 1,800
Eastman Kodak 10754 10546 10754 +254 800
Fox Film "A" 1254 1254 1254 + 54 1
Loew's, Inc 3154 30% 3156 + 56 4,800
Loew's, Inc.. pfd 98 98 98 +1 100
Paramount Publix, cts 454 4 454 + 56 4,900
Pathe Exchange 154 154 154 + 56 100
RKO VA 154 VA + 54 4,100
Warner Bros 454 45? 456 + H 1,600
Technicolor Advances Quarter on Curb
Net
High Low Close Change Sales
Technicolor .. 1354 1254 ' 1354 + 54 " 600
Two Para. Bond Issues Rise 2% Points
Net
High Low Close Change Sales
General Theatre Equipment 6s '40 ..- 6 6 6 —.56 1
General Thea-tfe Equipment 6s '40, ctf 556 554 554 — 54 3
Keith B. F. 6s '46 63 63 63 -^-54 5
Loew's 6s '41, ww deb rights 104 104 104 +56 1
Paramount Broadway 554s '51 4054 40H ' 4034 ' — 54 5
Paramount F. L. 6s '47 5754 5654 5744 +244 52
Paramount Publix 554s '50 5754 5654 5754 +244 : 42
Warner Bros. 6s '39, wd 59 59 59 + 54 1
HighTribunal
Will Review
Patent Case
(Continued from page 1)
of the lower court, and, on the basis
of that action, Paramount contended
in its appeal for reconsideration, Tri-
Ergon filed a series of suits.
Fox Lawyers Tight-Lipped
No member of the law firms of
Ward, Crosby & Neal or Kenyon &
Kenyon, which are handling William
Fox's Tri-Ergon patent litigation
could be reached for comment on the
Supreme Court's action yesterday.
Charles Neave, attorney for West-
ern Electric, who is defending Para-
mount, also could not be reached.
It was learned on good authority,
however, that the action of the court
does not automatically supend the
pending court actions. It usually holds
them in abeyance, and attorneys ask
for adjournments until a final railing
is made.
In the case of the two injunctions
already granted, one in Scranton and
the other in Brooklyn, the procedure
is up to the individual judges. In
Scranton the court has ruled that a
master shall be appointed to take tes-
timony on an accounting.
This same authority also stated that
the reversal of a refusal to review
a case by the Supreme Court is
very rare in the history of the court.
The last time such a reversal was
made was in 1928 in the Olmstead vs.
U. S. wire tapping case. The appli-
cation at that time was based on the
fact that wide questions of public
policy were involved.
Quotable comment was lacking on
all sides yesterday, as a matter of
fact. However, relief and smiles were
evident among major company law-
yers. The latest action of the U. S.
Supreme Court was generally re-
garded as striking an important prop
from under William Fox's patent case
although it was admitted the ulti-
mate solution, no matter what form
it may take was far from its outcome
and dependent on future court action.
Good Ones Drawing,
Says J. R. Grainger
"It's the old story. Good pictures
are doing good business and poor pic-
tures, poor grosses," declared James
R. Grainger, general sales manager of
Universal, yesterday upon his return
from a cross-country sales trip and a
two weeks' stay at the company's stu-
dio. "Conditions are being governed
solely by the calibre of the attractions,"
he added.
Grainger visited Chicago, San Fran-
cisco, Los Angeles, Dallas, New Or-
leans and Atlanta. Seven pictures are
in work at the studio, he said. Mrs.
Grainger returned east with him,
Irsch in New Position
Frank E. Irsch has been placed m
charge of research and promotion oh
the staff of Photoplay and will take
over his duties immediately under
Carroll Rheinstrom, advertising man-
ager of Macfadden Publications..
Irsch was formerly in charge of
research and promotion on Macf ad-
den's women's group. • _ .: -..
MOTION PICTURE
DAILY
Tuesday, November 6, 1934
Indies Protesting
On K. C. Clearance
Kansas City, Nov. 5.— While a
I group of independent subsequents is
protesting Kansas City's clearance
1 schedule, the understanding in well
informed trade circles here is the pro-
test will be disregarded by Campi's
main body when it takes up the plan
Thursday, as the dissenters represent
J a minority.
A formal appeal signed by 14 exhib-
itors is in Campi's hands. The group
objects to the proposed setup on vari-
ous grounds, one of which is that the
i provision calling for a uniform price
. at each theatre will interfere with
! 1933-34 unplayed contracts.
Excessive protection over admis-
, sions of 20 cents and under is alleged.
Allowance of minimum and maxi-
mum periods of clearance between
runs is protested on the score favored
circuits or individual exhibitors would
be able to obtain preferred dates, and
subsequent runs would not be able to
set pictures until they have played
prior run. Instead, a fixed clearance
allowance between runs is urged as a
substitute.
A clause providing that in case a
theatre fails to maintain a uniform
price, all pictures played will be set
back an additional 14 days in avail-
ability is protested as illegal.
The protest makes a point of ob-
jecting to the allowance of only a
week in which to file an appeal with
Campi.
Cleveland Rate Cuts
Stir Neighborhoods
Cleveland, Nov. 5. — Cleveland
neighborhood houses appear to be
breaking out in a mild price war. In
the St. Clair Ave.-East 105th St. sec-
tion where a large independent circuit
competes with Warners, admissions
have been cut to 25 cents straight for
all shows, including Sunday. In the
Woodland-East 55th St. section, the
Haltnorth, first run zone house, has
cut to 15 cents from the former 20
cent price. What will happen to the
theatres following Haltnorth which
charge 15 cents, the minimum contract
price, will probably be a matter for
the grievance board.
There seems to be a well defined
feeling that in order to bolster atten-
dance— said to have dropped off in the
neighborhood houses- — a drop in ad-
mission prices is necessary, especially
since double features, premiums and
the like are "verboten."
Buy Skolsky-Binyon Tale
Hollywood, Nov 5. — Fox has pur-
chased an original newspaper yarn by
Sidney Skolsky and Claude Binyon,
"Safe in Jail." Herbert Asbury will
do the script and Robert Kane will
produce.
This is the second original Skolsky
has sold since coming to Hollywood
five months ago. The first was
"Movie Queen" which M-G-M bought
for Marion Davies.
Local 306 to Gather
Members of Local 306 will meet to-
morrow night at Palm Garden with
Harland Holmden presiding.
Club to Give Returns
Election returns will be broadcast to
diners at the M. P. Club tonight.
C. E. Hawthorne Dead
Paramount officials were shocked
yesterday to learn of the death on Sat-
urday of Charles Evans Hawthorne,
company lawyer handling real estate.
He died of pneumonia, was 62 and
is survived by his sister, Mrs. Ade-
laide H. Woodin.
Funeral services will be held from
his home in New Rochelle tomor-
row.
Samuel C. Meyer Passes
Portland, Nov. 5. — Word has been
received here of the death in San
Francisco of Samuel C. Meyer, veteran
showman. He was 73 years old. For
years he was associated with William
Ely in both the old Hippodrome and
Helig theatres here.
(<Crespi" Ready in Week
"The Crime of Dr. Crespi," J. H.
Auer Production Co.'s initial effort,
made at the Biograph studio in the
Bronx, will be ready for release with-
in a week. Distribution arrangements
are under way with a major company.
Phillips Election Rooter
Louis Phillips, of Phillips and Nizer,
is praying for the re-election of Su-
preme Court Justice Isidor Wasser-
vogel, for whom he and his partner
have been campaigning.
"Barnum" Set Dec. 25
United Artists has decided on day
and date release throughout the coun-
try on Dec. 25 for "The Mighty Bar-
num," now in the cutting rooms.
Appeal Board Hears
5 Grievance Cases
Appeals on three New York griev-
ance decisions in addition to one from
Charlotte and one from Dallas were
heard yesterday by a committee con-
sisting of Harold S. Bareford, A. J.
Mertz and Joseph Seider.
The cases were : Colonial, Winston-
Salem, N. C, against Hollywood,
same city, on giveaways; Capitol,
New Braunsfels, Tex., against Opera
House, same city, on bank nights ;
Roosevelt, Beacon, N. Y., against
Paramount Distributing Corp. and-
Beacon, Beacon, on alleged breach of
contract ; Strand, Red Bank, against
Carlton, same city, on overbuying ;
Roky, Perth Amboy, against Crescent,
Strand and Majestic, same city, over-
buying.
WOULD
YOU
BUY A CAR
THAT HAD NO SPRINGS ?
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• If your seats are hard, lumpy, and
uncomfortable, you've just about as
much chance of getting and holding
patronage as a manufacturer who
turns out a springless car. Get the
jump on your competition by reseating
with comfortable, upholstered chairs.
Ask Us,
"How can I reseut and pay
for new chairs conveniently?'
American Seating Company
Makers of Dependable Seating for Theatres and Auditoriums
General Offices: Grand Rapids, Michigan
BRANCHES IN ALL PRINCIPAL CITIES
Wf 00 OUR PARI
The gifted pen off the writer who gave you one of the
screen's big hits traces a new story of blazing human
emotions ... of a woman with a past and of men outside
the law ... of mystery, thrill, and vivid drama!
With FAY WRAY
RALPH BELLAMY
MELVYN DOUGLAS
ROSCOE ATES
Directed by Phil Rosen. Associate
producer Burt Kelly. Produced
by SELECT PRODUCTIONS
RKO- RADIO PICTURE
MOTION PICTURE
DAILY
Tuesday, November 6, 193
Kent to Head More
New Fox Companies
(Continued from page 1)
is rehabiliated. A bid of $18,000,000
for the assets by Fox Film and Chase
National Bank will be made on Nov. 8
before Referee W. S. McNabb.
W. C. Michel, first vice-president
of Fox, will be executive vice-presi
dent, and Charles Skouras will be
vice-president in charge of operations
of National and its subsidiaries.
Spyros and Charles Skouras are
being given a joint contract which
will run for five years. Spyros' offices
will be in New York and he will keep
an observant eye on all theatre opera
tions. The contract is slated to be
signed the latter part of the week
when Charles will leave for the west.
Reade-Fox Split
On "White Parade"
(Continued from page 1)
he gets all rejections by the 6th Ave.
house. He claims he was not given
a chance to book the picture before
it was sold to the Paramount. On
Saturday Reade obtained a show cause
order against Fox and yesterday again
asked for the picture or a cancella-
tion of contract.
Fox agreed to cancel, despite
Reade's offer to play the picture un-
der the same terms as the Paramount.
The Mayfair will play two of the
32 Fox films remaining before the
agreement is ended. One of the films
is "365 Nights in Hollywood," which
opened last night, and "Marie Ga-
lante," which follows directly after
"365 Nights in Hollywood."
With the Mayfair deal out, Fox
has no Broadway first run films not
slated for the Music Hall.
Argue Appeal Permit
On Probe of Fox Met
A petition for leave to appeal from
an order signed by U. S. District
Court Judge Julian W. Mack denying
Archibald Palmer, counsel for a group
of bondholders of Fox Metropolitan
Playhouses, the right to examine of-
ficeres and members of the Fox Met
bondholders' committee under Section
21-A of the Bankruptcy law, was ar-
gued before the U. S. Circuit Court of
Appeals here yesterday.
Decision on the petition for leave to
appeal was reserved by the court.
Palmer asserts that it is in the inter-
ests of the bondholders and other cred-
itors of Fox Met to determine through
the examination what interests are
represented by officers of the commit-
tee and the reasons for the commit-
tee's rejection of the Loew-Warner
and Havden, Stone & Co. bids of
$4,500,000 for Fox Met assets.
The bondholders' committee is re-
ported ready to begin meetings Thurs-
day on formation of a reorganization
plan for Fox Met to be submitted to
Judge Mack at a hearing scheduled
for Nov. 15.
MOTION PICTURE DAILY S
HOLLYWOOD PREVIEW
Hey wood-Wake field Gain
Net loss after all charges of $46,-
435 for nine months ended Sept. 30
is reported for the Heywood-Wake-
field Co. and subsidiaries. This com-
pares with a loss of $533,215 for the
same period of 1933.
"Kara"
(Radio)
Hollywood, Nov. 5. — Since this is only fair entertainment, its suc-
cess at the box-office will depend solely on exploitation. Weak story
continuity and lack of cast name rate this as an average attraction.
The yarn revolves around Steffi Duna, the daughter, and the second
mate of Captain Mitchell Lewis' ship. The general theme features the
girl torn between the love for the sea and her father and a romance
with Regis Toomey, whose business keeps him in the South Seas. The
story unfolds with the ship's first mate, Raymond Hatton, and his accom-
plices running the boat on a reef, hoping to sink the craft to collect the
insurance.
Miss Duna and her injured father escape to an island inhabited by
savages, where she administers toxin to the Polynesian chief's son and
saves his life. The girl's father dies and she leaves the island in a boat
headed for civilization but is taken aboard a ship hired by Toomey, who
is ashore searching for her. The duo finally get together and discover
a plot to blow up the ship on a feef to destroy certain evidence. Aided
by the chief's son and the savages and their fleet of native craft the plot
is thwarted and the two are left to their destiny.
Direction by Wallace Fox and the cast portrayals, aside from Mitchell
Lewis, fail to surmount the story. John Twist and Fox did the original
screen play. Photography by Harold Westrom and Vernon Walker is a
high spot. Colorful exploitation of the South Sea locale should aid the
film in some spots. No code seal. Running time, 62 minutes.
Rockefeller Center
Will Get $700,000
(Continued from page 1)
RKO and RCA jointly, to be paid at
the rate of $500 weekly. Rockefeller
Center's initial rent participation of
$700,000 is next deducted after which
a second joint payment of $24,000 to
RKO and RCA to be applied to re-
tirement of RCA's advances of work-
ing capital for the Music Hall last
year will be made. Thereafter,
Rockefeller Center is entitled to an
additional $100,000 as rent. If funds
then remain over operating costs, a
first $200,000 is divided on the basis
of 60 per cent to Rockefeller Center
and 40 per cent to RKO and RCA on
an arrangement which remains to be
worked out by the latter two, and a
second $200,000 would be divided 50
per cent to Rockefeller Center and 50
per cent between RKO and RCA.
$960,000 Under Old Pact
Under the old agreement Rockefel-
ler Center received a maximum rent of
approximately $960,000 annually for
both the Music Hall and Center thea-
tres. The latter house is not involved
in the new agreement.
The new corporation which will be
organized to lease the Music Hall, if
and when the agreement is approved
by the Federal court, will be owned
by Rockefeller Center and RCA, each
of whom will subscribe for the stock
in the new company to provide work-
ing capital for the Music Hall. RKO
will have no participation in the new
leasing and operating company and in
this way is relieved of any obligation
in the event of Music Hall losses.
The agreement does not include a
film contract between Radio Pictures
and the Rockefeller interests, which
will continue to be negotiated separ-
ately and, according to all indications,
II result in no reduction in the num-
ber of Radio pictures bought for the
Music Hall. Approximately 20 to 25
Radio pictures have played the Hall
annually since its opening.
< Purely
Personal ►
HOWARD CULLMAN, receiver
for the Roxy, entertained Gov-
ernor and Mrs. Lehman, Mrs. Frank-
lin D. Roosevelt, U. S. Senator
Robert F. Wagner and Mrs. Caro-
line O'Day at dinner at his home
last night.
Maurice Chevalier, Buster Keat-
on, Ketti Gallian, Jack Pearl,
Wallace Haenloer, manager of the
Theatre Pigalle, Paris, and Freeman
Rollins, producer, are on the He de
France, due to dock today.
Nunnally Johnson, writer for
20th Century, is in town for confer-
ences with Joseph Moskowitz, vice-
president. He will go back west next
week.
Jackie Cooper yesterday visited
Arthur Villersdorf, a boy patient at
Beth David Hospital as a result of a
letter from the superintendent.
Peter Mayer, who has been mak-
ing pictures in Russia and points
east, returns to New York today. He's
aboard the lie de France.
Harry H. Thomas now plans to
leave for Chicago tomorrow or Thurs-
day. Important business held him back
from going last week.
Lou Brock, recently named an as-
sociate producer at Fox Studios, is in
town for conferences with Cole Port-
er, composer.
M itzi Green, whose latest screen
effort is "Transatlantic Merry-Go-
Round," will be heard over WOR at
8:30 tonight.
Nigel Bruce arrives on the Aqui-
tania today. He is on his way to the
coast to play in Radio's "Becky
Sharp."
Mary Brian is here to appear in her
first Broadway show, "Calling All
Stars."
DeMille and Para.
Deal Is Approved
(Continued from page 1)
terday by Federal Judge Alfred C
Coxe in U. S. District Court.
The settlement involves claims aris-
ing out of production and distributior,
agreements between DeMille and
Paramount on both the recent "Sigr.
of the Cross" and the 1923 production
of "The Ten Commandments." In
addition to the cash payments to De-
Mille by Paramount Prod., the former
is also granted one-half of the net
receipts from "Sign of the Cross"
subsequent to June 30, last, and is
given a lien on the production itself.
Paramount had opposed DeMille's
claims on the ground that his "Sign
of the Cross" contract had been trans-
ferred by Paramount Publix to Para-
mount Prod, in connection with what
is alleged now to be an illegal transac-
tion constituting a preference, as it
made Paramount Prod., a solvent sub-
sidiary, liable on the contract a brief
time before Paramount Publix went
into bankruptcy.
Para. Released from 1923 Pact
In return, Paramount is released
from claims on a 1923 agreement with
DeMille under which, he alleges, he
was entitled to 25 per cent of the
gross over $3,700,000 on "The Ten
Commandments," but received only
\2l/2 per cent, he contends.
Judge Coxe also approved a plan
by which Madison Operating Corp., a
Paramount subsidiary, relinquishes its
lease on the McVickers, Chicago,
which has been operated by B. & K.
for many years. The lessee is also
released from liabilities in connection
with mortgage bond issues on the
property outstanding in the amount of
approximately $1,600,000 and retains
its equity in a $203,500 rent fund
established by B. & K. pending the
outcome of a current investigation of
rent claims made by the landlord,
which is the Chicago Board of Educa-
tion.
Flash Reviews
Green Eyes — . . . passable enter-
tainment for neighborhood houses. . . .
Rocky Rhodes — ... a western that
is above the average . . . should please
wherever played. . . .
These films will be reviewed in full in a
later issue of Motion Picture Daily.
Shift "Marines" Title
Because of other priority on the title
Mascot has changed the name of "The
Marines Have Landed" to "The Ma-
rines Are Coming."
Sarecky Joins Wanger
Hollywood, Nov. 5. — Louis Sa-
recky, former Radio associate produ-
cer, has joined Walter Wanger Prod,
as general manager.
Eagles in Coast G-B Post
Harry A. Eagles has been appointed
Gaumont British exploitation repre-
sentative on the coast.
ITOA Directors to Meet
The I.T.O.A. board of directors will
discuss return of independent circuits
to the fold at a meeting tomorrow.
BARNEY BALABAN
JOHN BALABAN
Operate
36 theatres,
spend upward
of $2,000,000
annually for film.
They read
MOTION PICTURE
DAILY
The Industry Buying Power
MOTION
PICTURE
Reads
DAILY
Proof of
PREEMINENCE
THE claims made for Eastman Super-
Sensitive "Pan" have been borne out
again and again by its contributions to the
greatest motion-picture successes. It is ac-
tual performance that proves the preemi-
nence of this Eastman film, and that gives
it its unrivalled acceptance among camera-
men everywhere. Eastman Kodak Com-
pany. (J. E. Brulatour, Inc., Distributors,
New York, Chicago, Hollywood.)
EASTMAN Super-Sensitive
Panchromatic Negative
The Leading
Newspapei
Motion^
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Industry
MOTION PICTURE
DAILY
Alert,
Intelligent
the In
in All
Branches
*OL. 36. NO. 109
NEW YORK, WEDNESDAY, NOVEMBER 7, 1934
TEN CENTS
VIPTOA Hits
i!
'Compromise'
On Music Tax
Held
To
Defensive Weapon
"Confuse" Issues
The use by the American Society of
Composers, Authors and Publishers of
he recent music tax "compromise" as
. defensive weapon in the organiza-
. ion's reply to the bill of complaint in
ihe Federal anti-trust suit pending
ugainst it is described in an M. P. T.
5. A. bulletin released to members
yesterday as an attempt to "confuse"
the issues. The bulletin adds that M.
P. T. O. A. members are not bound
n any way whatever by the music-
ax agreement.
"To speak of it (the agreement) as
i 'compromise' is erroneous," the bul-
etin states. "The rates are dictated
|y AS CAP alone. It is merely a tem-
porary concession made to the emer-
gency committee and not an enforce-
able agreement. For ASCAP to con-
tend that this is collective bargaining
(.Continued on page 4)
S, G. Newman, Radio
British Head, Dead
By BRUCE ALLAN
London, Nov. 6. — Sol G. Newman,
managing director of Radio Pictures,
Ltd., here, died this morning at 1 :30
A. M.
Newman's death, from heart failure,
following pneumonia, was a great
shock to the industry here, as it was
thought his illness was not critical. He
was in his late fifties.
He will be cremated at Golder's
Green on Thursday.
The unexpected death of Sol G.
Newman gave RKO headquarters
(.Continued on page 4)
Sees No Pathe Help
Without Refinancing
Los Angeles, Nov. 6. — Not until
the New York courts grant permission
for the recapitalization of Pathe will
there be any new producer-financing
contracts negotiated, it was said here
(Continued on page 11)
Memphis Waits New
Sunday Show Moves
Memphis, Nov. 6. — Memphis the-
atres have adopted a policy of watch-
ful waiting on the Sunday show
proposition since surprise indictments
(Continued on page 4)
National Zoning Seen
Hinging on K. C. Case
California's
'33 Take Was
$35,000,000
Washington, Nov. 6.— A $35,000,-
000 theatrical business was reported
for California in 1933, preliminary
figures issued today by the U. S.
Census Bureau disclosed.
There were 455 film theatres in the
state last year, reporting box-office re-
ceipts of $20,367,000 and payrolls of
$3,896,000; 163 vaudefilm houses with
receipts of $13,929,000 and payrolls of
$2,532,000, and 11 legitimate theatres
with receipts of $927,000 and payrolls
of $343,000, the bureau announced.
Los Angeles was shown to have 149
film and vaudefilm hoifses, with re-
ceipts of $9,756,000 and payrolls of
$1,915,000, and four legitimate theatres
taking in $365,000 on a payroll of
(Continued on page 2)
Some K.C. Houses
Defy Premium Ban
Kansas City, Nov, 6.— Exhibitors
in Kansas City, continuing premiums
despite the ban, claim existing con-
tracts with premium distributors do
not permit cancellation.
They say the contracts were entered
into before the premium ballot was
taken, and, also, they must keep faith
with their patrons to whom they have
promised complete sets of dishes, sil-
verware and other articles.
Many independents in Kansas City
are now said to be in favor iof
(Continued on page 8)
Hold Scranton Case
Scranton, Nov. 6.— The U.
S. Supreme Court decision
granting Paramount Publix
a review of the American Tri-
Ergon decision means that
the order of Judge Albert W.
Johnson in Federal Court
here appointing a special
master to determine the
amount due Tri-Ergon for al-
leged infringement will be
held in abeyance.
It is probable that nothing
will be done until the Su-
preme Court has made its
final ruling. All activities
here have been suspended.
Expect Patent
Case Move in
4 to 6 Weeks
By CLARENCE LINZ
Washington, Nov. 6. — The U. S.
Supreme Court's review of the Amer-
ican Tri-Ergon patent litigation start-
ed by William Fox has not been placed
on the calendar as yet, and it is not
expected that it will be reached for
possibly four or six weeks.
The hearings will be very brief.
Counsel for the opposing sides usually
are given but an hour or so in which
to enlarge upon the points raised.
Once the case is reached, it is not
expected any extended period will be
required for the court's decision.
Inasmuch as the court has merely
(Continued on page 8)
European Houses Gaining,
Declares Henri Klarsfeld
Although European theatres experi- "Big pictures are getting good
enced a bad summer, conditions havegrosses all over Europe," he said,
improved, Henri Klarsfeld, general Klarsfeld will be here three weeks for
manager for Paramount in France, conferences with home office execu-
Belgium, Switzerland, Egypt and thetives on new policies and to look at
north of Africa, stated yesterday onnew pictures ready for the foreign
his arrival from Paris on the lie Remarket. This is his first trip in six
France. (Continued on page 4)
Code Authority Expected
To Make Decision at
Meeting Tomorrow
Whether or not any further attempts
will be made to put clearance and
zoning schedules into effect by code
machinery is expected to be decided
tomorrow by Code Authority in the
disposition it makes of the Kansas
City schedule, according to an official
Campi source.
The Kansas City plan, according to
this authority, will come before to-
morrow's meeting of Campi with all
of the elements of a "test" schedule.
If it is approved, it will provide a
model for acceptable clearance and
zoning schedules for the entire country.
If rejected, according to the Campi
source, it will be tantamount to an
admission by Code Authority that the
drafting of clearance and zoning
schedules on a national scale is an im-
possibility and attempts in that direc-
tion will be abandoned by the local
clearance and zoning boards.
It is pointed out by the same
authority that a failure by Campi to
take decisive action on the Kansas
City schedule, either by deferring con-
sideration of it tomorrow or by re-
turning it to the local board for
further revision, then or later, may
have the same effect as a flat rejection.
The Kansas City schedule, it is said,
(Continued on page 8)
"U" May Not Produce
Abroad-Laemmle, Jr,
Universal is not set on production
plans abroad, Carl Laemmle, Jr.,
stated yesterday upon his arrival from
the coast on the Santa Rosa.
"Nothing is definite and we may
not even produce in England," he
said.
Laemmle, Jr., sails on the Conte de
Savoia Nov. 23 for a three months'
trip to Italy, France, Switzerland,
England and other countries. He said
this was his first trip abroad in seven
years and that he will look the field
over for personalities, stories and other
material in the hope that he can bring
something worthwhile back. While
(Continued on page 11)
McNamee Signs New
Two-Year "U" Pact
Graham McNamee yesterday signed
a new two-year contract to continue as
Universal's Talking Newsreel Re-
porter.
MOTION PICTURE
DAILY
Wedneiday, November 7, 193
MOTION PICTURE
DAILY
(Registered U. S. Patent Office)
Vol. 36
November 7, 1934
No. 109
Martin Quigley
Editor-in-Chief and Publisher
MAURICE KANN
Editor
JAMES A. CRON
Advertising Manager
Published daily except Sunday and holi-
days by Motion Picture Daily, Inc., sub-
sidiary of Quigley Publications, Inc.,
Martin Quigley, President; Colvin Brown,
Vice-President and Treasurer.
Publication Office: 1790 Broadway, New
York. Telephone Circle 7-3100. Cable ad-
dress "Quigpubco, New York." All con-
tents copyrighted 1934 by Motion Picture
Daily, Inc. Address all correspondence to
the New York Office. Other Quigley pub-
lications: MOTION PICTURE HERALD,
BETTER THEATRES, THE MOTION
PICTURE ALMANAC and THE CHI-
CAGOAN.
Hollywood Bureau: Postal Union Life
Building, Vine and Yucca Streets, Victor
M. Shapiro, Manager; Chicago Bureau: 407
South Dearborn Street, Edwin S. Clif-
ford. Manager; London Bureau: Remo
House, 310 Regent St., London, W. 1,
Bruce Allan, Representative. Cable address:
"Quigpubco, London"; Berlin Bureau:
Berlin - Tempelhof , Kaiserin - Augustastrasse
28, Joachim K. Rutenberg, Representative;
Paris Bureau: 19, Rue de la Cour-des-
Noues, Pierre Autre, Representative; Rome
Bureau: Viale Gorizia, Vittorio Malpassuti,
Representative; Sydney Bureau: 102 Sus-
sex Street, Cliff Holt, Representative; Mex-
ico City Bureau: Apartado 269, James
Lockhart, Representative; Glasgow Bureau:
86 Dundrennan Road, G. Holmes, Repre-
sentative; Budapest Bureau: 3, Kaplar-u,
Budapest, II, Endre Hevesi, Representa-
tive; Moscow Bureau: Civtzev Vrazhek,
N. 25, Apart. 146, Moscow, U. S. S. R.,
Bella Kashin, Representative. Cable ad-
dress: "Samrod, Moscow."
Entered as second class matter, January
4, 1926, at the Post Office at New York
City, N. Y., under Act of March 3, 1879.
Subscription rates per year: $6 in the
Americas, except Canada $15 and foreign
$12. Single copies: 10 cents.
Plan Alaskan Location
Hollywood, Nov. 6. — A five-month
location trip to Alaska, the farthest
and longest taken by a Paramount unit
in some time, is planned for Carole
Lombard and Gary Cooper. They are
cast in leading roles in "Renegade,"
written by Ewing Scott, which deals
with Alaska after the World War,
and it is planned to shoot all the ex-
teriors in and around Fairbanks. The
author will direct the outdoor scenes.
Hoffberg Gets Three
Three Spanish pictures produced in
the Argentine have been acquired by
J. H. Hoffberg Co., Inc., for release
here after Dec. 1. The pictures are
"Riachuelo," "Dancing" and El Alma
del Bandoneon."
50 Million Radio Fans want to see him again
Father Coughlin returns
TO THE AIR
J I?* Rl\ CHAS E. COUCHLIN
ll K.nlu- I' m, ..n.ll.i
8tato and Forelin Rights for Sal*
Metropolitan Bookings available.
INTER CONTINENT FILM CORPORATION
50 East 42nd Street New York City
Insiders' Outlook
STORIES, presumably emanat-
ing from London and having
to do with Gaumont British, its
upsets and its future plans, ap-
pear at this end to be tinged
with some exaggeration. Changes
at the studios are on the way,
but they are not new changes
and plans for them have been on
tap for some little time. Arthur
Lee, long G.B.'s representative
here and now the company's chief
in America for the next five years
under a new contract, talked
about the situation the other
day. "Too much of the product
we had planned was local, or
British, product," he said. "We
are now in the international
market with both eyes on
America and are priming our
equipment to fit the needs of this
field." . . .
T
The changes necessary under
such an arrangement immediately
become obvious. Also does it
indicate that the Gaumont Brit-
ish crowd is thinking right, in-
sofar as the domestic field is con-
cerned. Themes and accents too
insular will not click here. All
prior experience, much of it sad
to British producers, proves the
point without further argument.
The success of American pictures
abroard has been keyed largely on
the basis of star values. It works
in reverse as well. G.B. has
reason to understand this, and
therefore, is moving in the direc-
tion which will take care of that
equation. The conclusion merely
is that the English company may
be expected to do something in
a substantial way by star-stud-
ding its roster with names that
count in the States. . . .
T
Now that Walter Reade and
Sidney Kent are no longer doing
business together and "The
White Parade" gets a Paramount
Theatre date beginning Friday,
you may see two, and, perhaps,
moree Fox pictures at the cross-
roads of the world, instead of
the Mayfair. Any idea that Jesse
Lasky's picture was not viewed
as up to the Music Hall stand-
ard is erroneous. The earliest
date offered there by W. C. Van
Schmus was early December.
Fox is driving nationally on the
film and wanted a showing earlier
in order to get going on circuit
and subsequent runs in the met-
ropolitan area. That's why a deal
was under way for a date at the
Rivoli as well. . . .
T
This fastens attention once
more on the booking situation at
Radio City. There, Van Schmus
has bought 83 pictures for the
1934-35 season when his year,
like anyone else's, is limited to 52
weeks. If he goes into only half
dozen holdovers, it is a cinch to
figure out what will happen.
Computed as a Music Hall loss
on pictures bought but which
will not be played is $150,000 on
the seasonal year. Distributors,
who have product booked there
and have to wait on line for
playdates, are in a perpetual
squawk and maintain their inabil-
ity to clear the Music Hall on
or about release date is costing
them plenty locally in playing
time. In other words, the cir-
cuits and subsequents may buy,
but there's no money reaching
distributors until their pictures
are pla,*:jd. . . .
T
Incidentally, current talk, reach-
ing New York entirely from
Hollywood and aided not a bit
by the New York publicity forces
at Fox, asserts "The White
Parade" is. a bearcat as an at-
traction and the best commercial
commodity Lasky has turned out
since he became a Fix producer.
His record since he joined up
there has been a worthy one in
point of meritorious production,
but not all that it might have
been in point of box-office draw.
"Zoo in Budapest," "I Am Su-
zanne," "The Warrior's Husband,"
"Berkeley Square" and "The
Power and the Glory" were in-
dividual and collective feathers
in any producing man's cap.
That they failed to go places de-
signed for them is considerably
more of a reflection on the lack
of taste on the part of the picture-
going public than it was, or is, on
Lasky's judgment. . . .
KANN
White and Staff Leave
George White, accompanied by his
staff, composed of Jack Yellen, Sam
Hellman, Joseph Myer and Mrs. Myer
and Herbert Magidson, left for Holly-
wood yesterday to start work on Fox's
"George White's Scandals of 1935."
Cliff EdwardSj who will be featured
in the picture, left for the coast by car
last week.
H. J. Yates Returns
Herbert J. Yates president of Con-
solidated Film Industries Inc., is back
from Hollywood. "The golf was
good," he reports.
New Union Calls Session
A massmeeting has been called by
the new Theatre & Amusement Em-
ployes' Union, Local 95, for Nov. 14,
to discuss new wage demands. They
want increases of from 25 to 40 cents
an hour for ushers and 35 to 55 cents
for porters, with a 40-hour week.
Denies 306 to Meet
Frederick E. Castle, assistant to
Harland Holmden, yesterday denied
intention of Local 306 to hold a meet-
ing at Palm Garden tonight.
This was reported in yesterday's
Motion Picture Daily.
California's
'33 Take Was
$35,000,000
(Continued from page 1)
$193,000. San Francisco reported A'.
film houses with receipts of $4,423,00(
and payrolls of $850,000, nine vaude
film houses taking in $1,982,000 witl
payrolls of $288,000, and three legiti
mate theatres with receipts of $444,001
and payrolls of $95,000.
Other cities were reported as fol
lows : Berkeley : five film houses witl
receipts of $335,000 and payrolls o
$66,000, and four vaudefilm spots witl
receipts of $206,000 and payrolls o
$48,000; Oakland: 23 film houses tak
ing in $995,000 on payrolls of $211,000
and six vaudefilm theatres with re
ceipts of $1,114,000 and payrolls o
$210,000; Fresno: four film house:
with receipts of $214,000 and payroll:
of $44,000, and three vaudefilm thea
tres with receipts of $320,000 and pay
rolTs of $61,000.
Glendale : five theatres with receipt;
of $304,000 and payrolls of $85,000
Long Beach: 11 film houses with re-
ceipts of $488,000 and payrolls oi
$88,000, and four vaudefilm with £
take of $333,000 and payrolls of $58,000
Pasadena : six film houses with re-
ceipts of $289,000 and payrolls oi
$59,000, and four vaudefilm with re-
ceipts of $210,000 and payrolls oi
$37,000 ; Sacramento : seven film house;
receiving $296,000 and with payrolls oi
$63,000, and four vaudefilm with a
box-office of $554,000 and payrolls oi
$80,000.
San Diego : 14 film houses with re-
ceipts of $695,000 and payrolls oi
$135,000, and nine other theatres, in-
cluding legitimate, with receipts of
$757,000 and payrolls of $164,000;
San Jose : nine theatres with receipts'
of $612,000 and payrolls of $126,000.
Konigswald in New Job
Gus Konigswald, former exhibitor
and theatre owner, has been appointed
local manager for Quality Premium
Distributors. This makes the 10th
branch office established recently by
the firm, which is headed by C. H.
Goodwin and David Barrist, former
publishers of a group of regional pa-
pers.
Thalbergs Await Child
Hollywood, Nov. 6. — It has been
made known here through friends that
Norma Shearer, wife of Irving Thal-
berg, vice-president in charge of pro-
duction at M-G-M, expects the birth
of a child soon. They now have one
son, Irving Thalberg, Jr.
Home Marries Today
Hal Home, director of advertising
and publicity of United Artists, today
weds Lea Sachs. The ceremony will
be performed at City Hall immediate-
ly after which Home will take a "run
out" powder and leave for the coast.
Para. Signs Writers
Hollywood, Nov. 6. — Norman
Krasna, whose play, "Small Miracle,"
is a hit on Broadway, Lawrence Riley
and Roy James have been signed by
Paramount as additions to the writing
staff. They will report Dec. 1.
HE'S PEEKING AGAIN!
(not what you're thinking, dearie!)
A cheerfull ey efull ! You'll soon know ! Leo
knows already! JOAN CRAWFORD! CLARK
GABLE! ROBERT MONTGOMERY!
All in one picture! And what a picture is
"Forsaking All Others " Directed by W. S.
("Thin Man") Van Dyke, Please, oh please,
Mr. Showman get up on your marquee and
shout to the world: Its marvelous!
MOTION PICTURE
DAILY
Wednesday, November 7, 1934
i Purely
Personal ►
Milton Berle has been booked
with Milton Schwartzwald
by the Charles Morrison Agency for a
Mentone short, which gets started this
week. The agency has also booked
Dorothy Lee to make three more
shorts for Warners upon her return
from England.
Tullio Carminati, Clarence
Brown and his wife, Alice Joyce, Mr.
and Mrs. Ely Culbertson, Sol
Lesser, Edward and Mrs. Cline and
George and Mrs. O'Brien, the former
Marguerite Churchill, arrive today
on the Rex.
Ring Lardner's stories, "Alibi Ike"
and "Haircut," have been acquired by
Warners. The first probably will be
used as a starring vehicle for Joe E.
Brown.
Frank Phelps of the Warner home
office theatre department is confined
to his home with a broken tendon in
one leg. He was hurt while playing
golf.
John A. Thomas has been named
dramatic and film editor of The
Smart World. Thomas formerly ed-
ited Cinema. He also conducts a
column in theatre programs.
Everett Marshall, the singer, has
been signed by Warners. He will not
go to the coast until "Calling All
Stars," in which he will appear, ter-
minates its engagement on Broadway.
Lou Goldberg has joined Topical
Films. He will handle the Broadway
showing of "Dealers in Death," based
on the munitions racket.
Al Alt, producer of Altmount Pic
tures, is in town for conferences with
Dave Mountan, general sales manager
for Spectrum Pictures.
Ben Atwell in Cleveland to work
on exploitation of "One Night of
Love," which opens at the Hippo-
drome.
Lew Pollock, song writer, has
started work at the Vitaphone plant
in Brooklyn in a musical one-reeler
based on some of his song hits.
Frank X. Shields, tennis player,
newly signed to a long term contract
by M-G-M, expects to leave for the
coast soon.
L. F. Boitano, formerly account
executive for Agfa-Ansco, has joined
the executive staff of Donahue & Coe.
Dave Palfreyman is in Detroit on
a business trip and expected back this
week-end.
Mary Pickford's first broadcast
from here was heard last night over
station WEAF.
Nicholas M. Schenck is definitely
set to go to the coast this month, but
the date has not yet been settled.
Eddie Peabody, radio star, has been
signed to do a Vitaphone short at the
Brooklyn plant.
Hugh Walpole's "Captain Nich-
olas" has been purchased by M-G-M.
David O. Selznick will supervise.
Stuart Edward McGowan's "Coast
Guard" has been acquired by M-G-M.
Phil Goldstone will produce.
Basil Rathbone and Mrs. Rath-
bone have taken an apartment at the
Lombardy.
Arthur Somers Roche's new
European Houses Gaining,
Declares Henri Klarsfeld
(.Continued from page 1)
years and he may go to the coast for
a short visit before returning home.
Klarsfeld said Paramount operates
seven theatres in France and one in
Brussels. No acquisitions or building
are planned abroad at this time, he
added.
Maurice Chevalier returned from a
six week's vacation in France and
England and plans to leave for Holly-
wood in a week. He asserted that the-
atres in the two countries visited are
doing very well. While in England
he conferred with Joseph M. Schenck.
Chevalier, on his return to the coast,
will appear in "Folies Bergere" for
Darryl Zanuck, following which he has
two to make for Irving Thalberg at
M-G-M. While abroad Chevalier
signed with Alexander Korda for one
picture which he will make following
the two for M-G-M. He said he did
not know the name of the English pic-
ture or the two he will do for Thal-
berg.
Hans Wilhelm, who recently com-
pleted the adaptation of "The Dicta-
tor" for Toeplitz Prod., also was a
passenger on the same boat. He has
been signed by M-G-M for five years
and leaves for the studio either today
or tomorrow. He said he didn't know
what his first assignment will be. Wil-
helm held that "One Night of Love"
and "Little Man, What Now?" are the
two sensations of England at the mo-
ment. The writer was signed by Ru-
fus LeMaire when the latter was in
England. Robert Liebmann, another
writer, was signed at the same time
and will arrive in about a month.
William Haendler, director of the
Pigalle, Paris, owned by the Roths-
childs, was another passenger. He
stated his trip was for the purpose of
arranging production of an operetta,
"The Baton of Johann Strauss," which
was directed by Max Reinhardt in
MPTOA Hits
'Compromise'
On Music Tax
London. He said business is much
better this year than last and most
theatres are open in Paris and Eng-
land. He may close a deal to put on
"The Last Will" by Sascha Guitry,
which has been a success in Paris.
Jack Pearl, when interviewed, said
that while in England he had offers
from Gaumont British and British In-
ternational to make one for each. He
was away six weeks. Pearl said he
has a radio contract for 26 weeks
which will prevent him from return-
ing to England for the next six
months. He also has in mind appear-
ing in a show here. As for business,
Pearl declared "try and get into a the-
atre in England. They are jammed
all the time." He likes it so well
abroad he is impatient to get back.
Buster Keaton was another arrival.
He has just completed "Serenade" in
French and English for Gaumont Brit-
ish, he said. He also appeared in
"King of Champs Elysee" for Brit-
ish Continental. This is in French.
Keaton and his wife left for the coast
yesterday to complete his Educational
contract, which calls for two more
shorts. He plans to sail for Vienna
in April or May to make a picture for
a new English and Viennese company
now being formed.
Ketti Gallian, Fox star, returned
from a two weeks' visit to her father in
Nice. She said she will remain in New
York for about two weeks before
heading for the coast. Her next pic-
ture is set, but the title has not yet
been decided upon, she added.
Senator F. Murphy, vaudevillian, is
back after 14 weeks in vaudeville in
England and other European cities.
He said he has an offer to make shorts
here, but hasn't decided on the deal.
Peter Mayer, son of Arthur of the
Rialto Theatre, returned with 20,000
feet of film he photographed in Rus-
sia. He was away five months.
(Continued from page 1)
is ridiculous and intended to confuse
the matter."
The bulletin, signed by Ed Kuyken-
dall, M. P. T. O. A. president, urges
members to continue their efforts to
obtain Congressional aid for revision
of the copyright laws to bring about
Federal supervision of the establish-
ing of music tax rates.
The bulletin makes a plea for re-
tention of block booking by citing dan-
gers which might result from its abol-
ition and also warns exhibitors against
possible legislation detrimental to the
industry which may be introduced at
coming legislative sessions as a result
of the wide public discussion of in-
dustry affairs during the past year.
novel, "Shadow of Doubt," has been
acquired by M-G-M.
Eddie Grainger shortly plans an-
other foray into the field on behalf
of Fox sales, as usual.
Jack Partington returns from the
coast on Nov. 15.
Norman Taurog is on his way
east. He is expected here Sunday.
Paul Keast will headline the Roxy
stages-show on Friday.
Budd Rogers has called off his trip
upstate.
Leon Grotto, Loew manager, is
back on the job after a long illness.
Adelaide Schulberg returns from
the coast this week.
J. P. McEvoy's "Man Alive" has
been bought by Paramount.
Sam Sonin is having sinus trouble.
Powers, Ellison Lose
W. T. Powers, Fox West Coast
counsel recently transferred to New
York, was defeated for state attorney-
general in yesterday's elections.
Another loser was Millard H. Ellison,
brother-in-law of Felix Feist, who
was a candidate for Supreme Court
judge in the Bronx.
Claim Newsreel Beat
Paramount Newsreel claims a beat
of at least a week on other reels with
the pictures of the London-Melbourne
air race. The pictures of the race are
due here tomorrow on the Bremen.
It is also claimed the Paramount
reel was in London a week earlier
than any other because the aviators
who came in fourth in the race, Ken
Waller and Cathcart Jones, were in-
duced to hurry their return trip to
England and to also carry pictures of
the race back with them.
"Widow" to Be Broadcast
The musical score of "The Merry
Widow" will be the feature of an in-
ternational broadcast scheduled for
Sunday. Franz Lehar, composer of
the original operetta, is to lead the
Vienna Philharmonic Orchestra dur-
ing the program, which will be heard
in America over the stations of the
Columbia network.
"Courage" Date Ahead
The opening date of "Man of
Courage" at the Gaiety has been
moved ahead to Nov. 12, instead of
Nov. 13 as originally scheduled.
Memphis Waits New
Sunday Show Moves
(Continued from page 1)
10 days ago forced them to suspend
Sabbath operation.
None of the theatres are willing to
risk enforced closing by reopening,
the state law providing specifically
that two convictions automatically
forfeit a theatre's license.
Right now the theatres are waiting
for the January session of the legis-
lature to see what will happen. Local
political leaders are again making
statements about how they are going
to get Sunday shows for Memphis
this year, but the statements are being
taken in theatrical circles with a large
sprinkling of salt.
5. G. Newman, Radio
British Head, Dead
(Continued from page 1)
here a severe jolt yesterday. Execu-
tives in New York were aware of the
fact that he was ill, but there was lit-
tle indication of its seriousness. No
successor has been named.
Newman, one of the best known film
men in the United Kingdom, was gen-
eral manager of Ruffell's Exclusives
until 1919, when he joined B. E. Films,
Ltd., as managing director, according
to the Kinematograph Year Book of
London. In June, 1930, he was ap-
pointed chairman and managing direc-
tor of Radio Pictures, Ltd.
He was in America in the late spring
and attended the RKO convention.
Adolph Barr Is Buried
The funeral of Adolph Barr, 60,
Brooklyn exhibitor who died Sunday
in Loraine, O., at the home of a niece,
was held yesterday at the Funeral
Chapel, 187 Oxford St., Brooklyn
Burial was in Beth-El Cemetery.
Barr was vice-president of the Albe-
marle Theatre, Albemarle Road and
Flatbush Ave., and president ol
another group, the Vanity, Sunset &
Third Ave., and Peerless, Bay Ridgt
Half Day in Trade
While Educational and Fox re-
mained closed all of yesterday, other
companies were open for business until
one o'clock and allowed their employes
to observe Election Day from that
hour on.
DANGER and DEATH
CANNOT WAIT
—even for a woman!
Maddening nightmares of blazing planes
tortured the sleep of this valiant band . . .
whose terrors their comrades never knew.
Some sought courage in the warmth of
wine . . . others found comfort in soft, cool
arms. But none could forget the horrible
dreams . . . that only too often came true !
And Warner Baxter smashes to the
heights in his most compelling
dramatic role!
m it n k it
RAYTFD
DMA I Erli
in
ntLL in ine rifcAvcnj
' tl'itb
Conchita
MONTENEGRO
RUSSELL HARDIE
Herbert Mundin •Andy Devine
William Stelling-Ralph Morgan
Produced by A| Rockett Directed by John Blystone
Screen play by Byron Morgan and Ted Parsons
Based on the play "The Ace** by Herman Rossmann
1
Sr<JD/0 / *o¥ 3
8
orba
'934
r *eCr- '""on
sr0p
B*os
f for
JAMES CAGNEY in,
'THE ST. LOUIS KID
With Patricia Ellis,
Allen Jenkins. Directed
by Ray Enright. Vita-
graph, Inc., Distributors
<
MOTION PICTURE
DAILY
Wednesday, November 7, I9J-
U. S. Clearance
Seen Hinging
On K. C. Case
(Continued from page 1)
assumes its decisive role because it is
admittedly the nearest to a finished
state, both in its own provisions and
in its acceptability to exhibitors arid
distributors of the territory for which
it was drafted, of any that has come
out of the months of laborious at-
tempts by the local boards throughout
the country. In Kansas City it is
virtually unopposed.
For this reason, according to the
Campi source, a rejection of the
Kansas City schedule by Campi will
be equivalent to a rejection of the
entire principle of clearance and zon-
ing on a national scale. The objec-
tions to the plan itself which may be
advanced in the event of its rejection
by Campi, are viewed by this official
source as devices, the real reasons for
the veto being the rejection of the
principle of clearance and zoning itself
under the code, in favor of individual
bargaining for protection.
Seen as a Subterfuge
The principal objection to the Kan-
sas City schedule, namely, that its
provisions for basing availability on
admissions charged would require so
large an increase in prints that the
cost to the distributor would be pro-
hibitive, is rejected in some exhibitor
quarters as a subterfuge. It is pointed
out that this method of release has
prevailed in Kansas City for some
time without becoming a_ burden to
distributors ; that it prevails in Chicago
and that the same situation is created
and met without inconvenience in New
York when large metropolitan circuits,
such as Loew's and RKO, take simul-
taneous bookings on large numbers of
their neighborhood houses.
The print cost objection was raised
by M-G-M and Paramount at a recent
appeal hearing of the Kansas City plan
before a Campi committee. Warners,
also, are known to be in opposition.
Numerous other objections to the plan
are anticipated when it comes before
Campi.
Commenting on the objections, Jay
Means, president of the I. T. 0. at
Kansas City, recently stated :
"It looks as if the major distributors
are out to sell protection."
Decisive action by Campi on any
other schedule, prior to Kansas City's,
is held by sources close to Campi to
be most unlikely.
Some K.C. Houses
Defy Premium Ban
(Continued from page 1)
premiums, and several who voted to
abolish the practice have since re-
versed their opinion.
Premium champions claim the vote
abolishing the practice, as conducted
by Jay Means, I. T. O. president and
grievance board member, was irregu-
lar inasmuch as it was by petition
signed by those opposed to giveaways.
It is contended the procedure should
have been a secret ballot of all exhib-
itors in Greater Kansas City only,
and not in the six-county area defined
by the clearance board. Several who
signed the petition later asked permis-
sion to withdraw their names, but the
grievance board refused.
Looking 'Em Over
Three Songs About Lenin
(Amkino)
The distributors of this Russian film describe the technique of Vertov,
its director, as a "distinct contribution to the cinema." This commen-
tator, with no desire to be contrary, can hardly agree.
Divided into episodes which its title indicates, "Three Songs About
Lenin," propagandizes to the hilt the theories and the practices of the
Russian proletarian leader, gives him more closeups than any Hollywood
director would dare throw to his star and generally builds a great case
for Soviet political axioms.
Like virtually all Russian pictures, the purpose is political. Therefore,
this is not entertainment in the accustomed sense. Occasionally, the
treatment points a warning finger at Japan's desire for territorial
aggrandizement. Usually, its photographic direction is dead-centered on
social and economic improvement within the Soviet, aided by closeups of
children's smiling faces.
The photography is often rainy and the camera which registered it not
always steady on its pins. Most impressive is the sequence wherein the
Soviet and its subjects go silent for five minutes in reverence of Lenin's
memory. Weird and strange Asiatic music intrigues, but the sum total
places this importation leagues behind the routine Hollywood product
in point of technical accomplishment.
No code seal. Running time, 65 minutes.
K.
Miracles"
{Amkino)
A silent Russian picture with English titles, "Miracles," a Lenfilm
production, is the best of the recent crop from the Soviet to be exhibited
in this country.
The propaganda is present in generous quantities, but it is so well
worked into the theme that it is not likely to be resented. The picture
is gripping entertainment, sincerely, powerfully and graphically unfolded.
There is an ironic note to this story of a fanatically religious father
(Vladimir Gardin) who is the instrument of his son's (N. Simonov's)
death. The son, the head of a revolutionary group seeking justice for
the Russian workers in the days of the Czar, is in the hands of the
authorities, wounded. The father prays for a miracle to save the youth.
The police, anxious to learn from Simonov the meeting place of the
revolutionists, take pains to have his life saved. When they get their
information through another source, they order that efforts to save the
prisoner cease. The head of the hospital where Simonov is confined
defies the order and saves his patient.
The father brings about the death of his son when he unwittingly
causes an uprising against the Jews. The mob invades the hospital in
the belief it is under Jewish control and shoots down the son when he
tries to hold off the invaders. The father turns against the mob, escaping
with his life when his son's fellow revolutionists come to his rescue. The
film closes with the father calling in vain for a second miracle to bring
his son back to life.
As the father Gardin turnskin an impressive performance. Simonov
brings conviction to the role of his son. The other parts are well per-
formed, especially by T. Gouretskaya and I. Peyov. P. Petrov-Bytov
directed. No code seal. Running time, 74 minutes.
"The Brand of Hate"
(Hollywood)
Bob Steele ought to make quite a hit with the youngsters in this
western. He succeeds remarkably well in winning sympathy for himself
in his fight against the villains of the piece. The ingredients are stale,
but they have been stirred into such a froth of excitement — that is, as
far as the young are concerned — that they offer some good fare for those
whose tastes are along this line.
Things start humming when a couple of "no good nohow" relatives
force themselves upon William Farnum. They bully him and his two
children, one of whom is Lucille Brown, and force the girl to break off
her romance with Steele. The youth's father is shot when the scoundrels
are surprised cattle-rustling. To further their plans one of the trio tries
to force Miss Brown to marry him. It is needless to say Steele comes
to the rescue in the nick of time and brings the tough hombres to boot.
Also in the cast are George Hayes and Charles French. The
direction is credited to Lew Collins. Supreme Pictures produced.
No code seal. Running time, 60 minutes.
(Additional reviews on page 11)
Expect Patent
Case Move in
4 to 6 Weeks
(Continued from page 1)
vacated its order of Oct. 8 and ha
announced it will review the case a
originally submitted, it is not believe
that new briefs will have to be file*
particularly as the petition filed b
Paramount last week covered the onl
additional points which were raisec
The case now being before the cour
no additional matter can be injectec
Washington Settles
Five Pending Casei
Washington, Nov. 6. — Five case
have been decided by the clearanc
and zoning board.
Herbert Zimmerman, operating th
Echo, Baltimore, won his protes
against 21 days' clearance held b;
Walter Pacy's Garden. The boan
decided 14 days is enough.
The case brought by Joe Fields fo
the Rivoli, Baltimore, protestinj
clearance given first runs operated b;
Frank H. Durkee, Thomas D. Gold
berg, Max Cluster and Charles Nob
was dismissed.
The Bayne-Roland Corp., Virgini;
Beach, Va., sought a cut in the 30 day
held by Norfolk over its Bayne Thea
tre. The board cut the Norfolk ad
vantage to 21 days.
Thomas E. Ayres, operating th(
Palace, Seaford, Del., asked that th<
14 days' clearance of the Arcade
Salisbury, Md., be cut. It was halvec
to seven days. Lee Insley, operatoi
of the Arcade, was instructed to dat<
pictures as soon as possible.
Due to the distance from Washing-
ton, the case brought by H. T
Spraker, operating the Victory, Salt-
ville, Va., against the 14-day clearana
of the Dixie, Glade Springs, operatec
by Sam Hendricks, was presented bj
mail and read by Secretary James B
Fitzgerald. The case was dismissec
after a short discussion in executiv<
M. P. Unit Revamped
Motion Picture Unit, publisher o)
Movie Classic and Motion Picture, ha;
been reorganized. Stanley V. Gibsoni
publisher, remains as president. Thos?
to be associated with the company will
be: Samuel J. Campbell, president anc
treasurer of Kable News Co., maga-
zine distributors ; Warren A. Angel
vice-president and general manager o:
Kable News Co., and A. K. Taylor !
an executive of the same outfit.
List Sonotone Stock
Listing of 185,250 additional shares
of Sonotone Corp. voting common ha;
been approved by the N. Y. Curb Ex-
change. According to the company.;
100,000 shares of the $1 par common
will be sold for cash, 35,250 will be-
sold to employes, and 50,000 shares
will be held for conversion of 2,000;
shares of outstanding preferred stock.
Donahue & Coe to Move
Donahue & Coe, advertising agency,
has leased the entire 26th floor of the
RKO building, Rockefeller Center,
and will move from the Paramount
Building about Jan. 1.
PERFECT STORY
N 0 WORDS...
THAT'S THE FIRST REPORT ON
THE FIRST ENGAGEMENT OF
1/U/tat tlte C^utlci- *ald a^tet
eeitta WE LIVE AGAIN
at tlie
ADIO CITY MUSIC HALL
\ motion picture masterpiece! Combines
te rare elements of idea! star, story and
irector ! " — N. V. AMERICAN
The enchanting Miss Sten triumphs
andsomely I" — N.Y. TIMES
Her performance proves that she is
tally the actress her producer has been
reclaiming her I " — N. Y. HERALD -TRIBUNE
Now Anna Sten is definitely established
s an outstanding star I "
— N, Y. EVE. JOURNAL
Fredric March is splendidly cast!"
— N. Y. DAilY MIRROR
7l
SAMUEL GOLDWYN
ANNA STEN
an
FREDRIC MARCH
cWe live Qqain
A real hit!
N.Y.SUH
A ROUBEN MAMOULIAN
PRODUCTION
•
UNITED ARTISTS
10
MOTION PICTURE
DAILY
Wednesday, November 7, 1934
"One Night"
2nd Run Hit,
Philadelphia
Philadelphia, Nov. 6. — Outstand-
ing excitement in Philly last week was
caused by the second run engagement
of "One Night of Love" at the Karl-
ton. After a slow first run start, the
picture moved to this 1,000-seater and
grossed $8,500, a tremendous figure for
the house. It was held a second week.
Another good figure was landed at
the Earle with $18,000. Burns and
Allen in person boosted the figure.
"Lost Lady" was the film.
"What Every Woman Knows" dis-
pointed, despite rave notices with $10,-
500 at the Boyd. "Happiness Ahead,"
with $7,500, died at the Stanley, and
"Little Friend," with $4,000 at the
Locust, came under expectations.
Total receipts down town were $70,-
200. Average is $70,400.
Estimated takings for the week end-
ing Nov. 1 :
"MADAME DU BARRY" (Warners)
ALDINE— (1,200), 40c-55c-65c, 3 days, 2nd
week. Gross: $2,000. (Average, 6 days,
$7,000)
"365 NIGHTS IN HOLLYWOOD" (Fox)
ARCADIA— (600), 25c-40c-50c, 6 days.
Gross: $1,700. (Average, $2,400)
"WHAT EVERY WOMAN KNOWS"
(M-G-M)
BOYD— (2,400), 40c-55c-65c, 6 days. Gross:
$10,500. (Average, $12,000)
"LOST LADY* (Warners)
EARLE— (2,000), 40c-S5c-65c, 6 days.
Stage: Burns and Allen, Gold, Raye and
Cross; Larry Adler; Bryant, Raines and
Young. Gross: $18,000. (Average, $12,000)
"CARAVAN" (Fox)
FOX— (3,000), 35c-55c-65c (2nd run, first
pop price), 6 days. Stage: "Music Hall
Varieties" with Landt Trio and White;
Gracelle and Theodore; Paul Draper; Max
and His Gang. Gross: $13,000. (Average,
$12,000)
"ONE NIGHT OF LOVE" (Columbia)
KARLTON— (1,000), 30c-40c-50c, 6 days,
2nd run. Gross: $8,500. (Average, $3,500)
"LITTLE FRIEND" (Gaumont-British)
LOCUST— (1,300), 40c-55c-65c, 6 days.
Gross: $4,000. (Average, $7,000)
"HAPPINESS AHEAD" (Warners)
STANLEY— (3,700), 40c-55c-65c, 6 days.
Gross: $7,500. (Average, $12,000)
"OUR DAILY BREAD" (U. A.)
STANTON— (1,700), 30c-40c-55c, 6 days.
Gross: $5,000. (Average, $6,000)
ii
Princess," Band,
$13,000, Oklahoma
Oklahoma City, Nov. 6. — A com-
bination of "Kansas City Princess"
and Cab Calloway and his band took
the big money here last week, $13,000,
at the Warner.
"Belle of the Nineties" was also in
the hit class with a $5,000 gross, up
by $1,000, at the Midwest.
Total first run business was $24,900.
Average is $13,500.
Estimated takings for the week end-
ing Nov. 3:
"MRS. WIGGS OF THE CABBAGE
PATCH" (Para.)
CRITERION— (1,700), 10c-2Oc-36c-41c-56c,
7 days. Gross: $3,600. (Average, $5,000)
"BELLE OF THE NINETIES" (Para.)
MIDWEST — (1,500), 10c-26c-36c-56c, 7
days. Gross: $5,000. (Average, $4,000)
"OUTCAST LADY" (M-G-M)
CAPITOL— (1,200), 10c-20c-26c-36c-41c, 7
days. Gross: $1,800. (Average, $2,500)
"CARAVAN" (Fox)
LIBERTY— (1,500), 10c-15c-26c-36c, 4 days.
Gross: $900. (Average week, $2,000)
"LADIES SHOULD LISTEN" (Para.)
LIBERTY— (1,500), 10c-15c-26c-36c, 3 day
Gross: $600. (Average week, $2,000)
"KANSAS CITY PRINCESS" (Warners)
WARNER— (1,900), 2Oc-35c-50c-75c, 7 days.
Stage: Cab Calloway and show. Gross:
$13,000.
"Happiness,"
'Herbert9 Top
Minneapolis
Minneapolis, Nov. 6. — "Happiness
Ahead" and "Big Hearted Herbert"
tied for top grosses here with $6,000
each, the former playing at the Or-
pheum and the latter at the State.
The take was $500 over normal in
each instance.
In St. Paul "The Gay Divorcee"
with a strong $4,700 at the Orpheum
and "The Count of Monte Cristo"
with $4,000 at the Riviera were top
attractions.
Total first run business in Minne-
apolis was $23,000. Average is
$21,000. Total St. Paul business was
$19,000. Average is $16,000.
Estimated takings :
Minneapolis:
Week Ending Nov. 1:
"MADAME DU BARRY' (Warners)
CENTURY — (1,000), 25c-40c, 7 days.
Gross: $4,000. (Average, $4,000)
"OUR DAILY BREAD" (U.A.)
LYRIC— (1,000), 20c-25c, 7 days. Gross:
$2,000. (Average, $1,500)
Week Ending Nov. 2:
"HAPPINESS AHEAD" (F.N.)
ORPHEUM — (2,900), 25c-50c, 7 days.
Gross: $6,000. (Average, $5,500)
"BIG HEARTED HERBERT" (Warners)
STATE— (2,300), 25c-40c, 7 days. Gross:
$6,000. (Average, $5,500)
"A GIRL OF THE LIMBERLOST"
(Monogram)
TIME— (300), 25c-35c, 7 days, 3rd week.
Gross: $2,500. (Average, $2,500)
"THE BRIDE OF THE LAKE"
(Amer-Anglo)
WORLD— (400), 25c-75c, 7 days. Gross:
$2,500. (Average, $2,500)
St. Paul:
Week Ending Nov. 1:
"CLEOPATRA" (Para.)
FARAMOUNT— (2,300), 25c-40c, 7 days.
Gross: $6,500. (Average, $5,500)
"THE COUNT OF MONTE CRISTO"
(U. A.)
RIVIERA— (1,200), 25c-40c, 7 days. Gross:
$4,000. (Average, $3,500)
"THE GAY DIVORCEE" (Radio)
ORPHEUM — (2,000), 25c-40c, 7 days.
Gross: $4,700. (Average, $4,000)
"OUR DAILY BREAD" (U.A)
TOWER-(1,000), 15c-25c, 7 days. Gross:
$1,800. (Average. $1,500)
"THE BRIDE OF THE LAKE"
(Amer-Englo)
WORLD— (300), 25c-75c, 7 days. "Dawn
to Dawn." Gross: $2,000. (Average, $2,000)
"Servants" $9,000
Smash in Portland
Portland, Nov. 6. — Big money here
went to "Servants' Entrance," which
took $9,000, and went over the line by
upwards of $4,000 at the Paramount,
with the help of a stage show.
Total first run business was $26,500.
Average is $20,000.
Estimated takings for the week end-
ing Oct. 27:
"WAKE UP AND DREAM" (Univ.)
"DRAGON MURDER CASE" <F. N.)
BROADWAY— (1,912), 25c-35c-40c, 7 days.
Gross: $4,500. (Average, $5,000)
"BULLDOG DRUMMOND STRIKES
BACK" (U. A.)
ORIENTAL— (2,040), 25c, 7 days. Gross:
$2,000. (Average, $2,000)
"GAY DIVORCEE" (Radio)
HAMRICK'S ORPHEUM— (1,700), 25c-
35c-40c, 7 days. Stage show. Gross: $6,000.
(Average, $3,000)
"SERVANTS' ENTRANCE (Fox)
PARAMOUNT — (3,0081, 25c-35c-40c, 7
days. Stage show. Gross: $9,000. (Aver-
age, $5,000)
"WHAT EVERY WOMAN KNOWS"
(M-G-M)
UNITED ARTISTS-(945), 25c-35c-40c, 7
days. Gross: $5,000. (Average, $5,000)
And So It Goes
Kansas City, Nov. 6. — S.
Bernard Joffee, who manages
the Tower, downtown first
run, and the next-door Down-
town, 10-cent grind house,
has an interesting personal
reaction to Kansas City's
new clearance schedule.
"As far as the Tower is
concerned, I don't think the
first runs are getting ade-
quate clearance over 10-cent
nouses," he said. "But with
respect to the Downtown, I
think the clearance over 10-
cent houses is excessive."
"Happiness,"
Show, Garner
$35,500, Hub
Boston, Nov. 6. — Grosses held up
fairly well for the week with Metro-
politan hitting a new high for several
months with "Happiness Ahead"
coupled with the personal appearance
of Bebe Daniels and Ben Lyon in a
revue, "Star Time." It hit $35,500
which is just $7,500 above average.
"The Gay Divorcee" in its third
week at the Keith Memorial equalled
its average with $500 to spare. This
is the second successive film which has
run three weeks at Keith's, the other
being "Count of Monte Cristo."
Loew's State put on a double fea-
ture program and grossed $1,500 above
par, which made 50 per cent of the
first runs in the double feature column
for the week, but Loew's State returns
to a single feature next week.
Total first run business was $107,-
500. Average is $94,000.
Estimated takings for the week end-
ing Nov. 1 :
"GIFT OF GAB" (Univ.)
BOSTON— (2,900), 25c-50c, 7 days. Vaude.
Gross: $17,500. (Average, $16,000)
"CARAVAN" (Fox)
"SIX-DAY BIKE RIDER" (F.N.)
FENWAY— (1,800), 30c-50c, 7 days. Gross:
$10,500. (Average, $9,000)
"THE GAY DIVORCEE" (Radio)
(Third Week)
KEITH'S— (3.500), 25c-65c, 7 days. 3rd
week. Gross: $16,500. (Average, $16,000)
"TRANSATLANTIC MERRY-GO-
ROUND" (U.A)
"GIRL IN DANGER" (Col.)
LOEW'S STATE— (3,700), 35c-50c, 7 days.
Gross: $17,500. (Average, $16,000)
"HAPPINESS AHEAD" (F.N.)
METROPOLITAN — (4,350), 30c-65c, 7
days. Stage: Bebe Daniels and Ben Lyon.
Gross: $35,000. (Average, 28,000)
"CARAVAN" (Fox)
"SIX-DAY BIKE RIDER" (F.N.)
PARAMOUNT— (1,800), 30c-50c, 7 days.
Gross: $10,000. (Average, $9,000)
"Lady by Choice"
Leads Providence
Providence, Nov. 6. — Another
smashing week brought smiles to ex-
hibitors with every house exceeding
par except Loew's State. With rallies
on every street corner and millions
being poured into the pari-mutuel han-
dle at Narragansett, this excellent
showing is taken as an indication of
good things to come.
The biggest take was garnered by
the RKO Albee which caught $10,200
with "Lady by Choice," and a stage
show, "Carnival Capers." Fay's came
(.Continued on page 11)
•1
Divorcee" Is
First to Hold
3rd Loop Week
Chicago, Nov. 6. — After breaking
attendance records the first week at
the Palace "The Gay Divorcee"
pulled $24,500 for the second week,
and thereby established a precedent by
being held for a third week.
"One Night of Love" took a hot
$40,000 for the second week at tbt
Chicago, and "Cleopatra" gave the
Roosevelt a fine $18,000. "Six-Day
Bike Rider" was good at $6,000 in
the Garrick.
Total first run business was $134,-
000. Average is $119,600.
Estimated takings :
Week Ending Oct. 30:
"CLEOPATRA" (Para.)
ROOSEVELT— (1,591), 25c-35c-50c, 7 days
Gross: $18,000. (Average, $11,000)
Week Ending Nov. 1:
"SIX-DAY BIKE RIDER" (F.N.)
GARRICK— (900), 25c-35c-40c, 7 days
Gross: $6,000. (Average, $5,000)
"ONE NIGHT OF LOVE" (Col.)
CHICAGO— (4,000), 25c-35c-68c, 2nd week
7 days. B. & K. stage production with
Diamond Brothers, Dick & Edith Barstow
Evans Girls. Gross: $40,000. (Average
$34,600)
"HAVE A HEART" (M-G-M)
ORIENTAL— (3,940), 25c-40c, 7 days
Blanche Galloway revue, Helen Kane, Ted
Cook & acts. Gross: $18,000. (Average
$15,000)
"THE GAY DIVORCEE" (Radio)
PALACEW2.509), 25c-35c-50c. 2nd week
7 days. Salici Varieties, Ben Blue, Funnj
Boners, Mann, Robinson & Morton. Gross
$24,500. (Average, $22,000)
"BARRETTS OF WIMPOLE STREET'
(M-G-M)
UNITED ARTISTS— (1,700), 30c-40c-60c
3rd week, 7 days. Gross: $13,000. (Aver
age, $17,000)
"OUTCAST LADY" (M-G-M)
APOLLO-(1,400), 25c-35c-50c, 7 days
Gross: $12,000. (Average, $12,000)
"I'LL FIX IT" (Col.)
STATE-LAKE — (2,776), 20c-25c-35c,
days. Jean Calloway revue, Rodions &
Girls, other acts. Gross: $15,000. (Average
$15,000)
"Gift of Gab" on
Dual Buffalo Top
Buffalo, Nov. 6.— "Gift of Gab'
and "Name the Woman," which was
accepted by audiences as hilariou:
comedy, although intended seriously
gave the Lafayette $8,100, or $1,60(
over normal for its fourth anniversar)
week. All other first run houses were
down, despite an epidemic of doublt
features. First snow of the seasor
fell during the week.
Total take was $41,000. Average i:
$42,800.
Estimated takings for the week end-
ing Nov. 2:
"WHAT EVERY WOMAN KNOWS"
(M-G-M)
BUFFALO— (3,500), 30c-55c, 7 days
Stage: Lillian Roth; Moore & Revel; Vai
& Stewart; Ritter Troupe. Gross: $13,400
(Average, $14,300)
"THE MAN WITH TWO FACES" (F. N.
"LADIES SHOULD LISTEN" (Para.)
CENTURY— (3,000), 25c, 7 days. Gross
$6,000. (Average, $6,000)
"SIX-DAY BIKE RIDER" (F. N.)
"OUTCAST LADY" (M-G-M)
GREAT LAKES— (3,000), 25c-40c, 7 days
Gross: $6,800. (Average, $8,000)
"THE AGE OF INNOCENCE" (Radio)
"BIG-HEARTED HERBERT" (Warners
HIPPODROME— (2,100), 25c-40c, 7 days
Gross: $6,700. (Average, $8,000)
"GIFT OF GAB" (Univ.)
"NAME THE WOMAN" (Col.)
LAFAYETTE— (3,300), 25c, 7 days. Gross
$8,100. (Average, $6,500)
MOTION PICTURE
DAILY
' ednesday, November 7, 1934
:
Cleopatra"
Seattle Hit,
Gets $10,200
Seattle, Nov. 6— "Cleopatra" was
i outstanding money-maker at the
tifth Avenue last week. It piled up
,10,200, over par by $3,200, in a nine-
jay run.
"Girl of the Limberlost" was well
n the profit side of the line with a
',300 take at the Orpheum. "The Gay
nvorcee," which took $4,200 at the
lue Mouse, and "Mrs. Wiggs of the
abbage Patch," which grabbed $6,100
: the Paramount, also were in the
joney.
Total first, run business was $40,300.
verage is $36,500.
Estimated takings for the week end-
lg Nov. 2 :
"GAY DIVORCEE" (Radio)
BLUE MOUSE— (950), 25c-40c-55c, 7 days.
Extended run from Music Hall.) Gross:
»,200. (Average, $4,000)
"CLEOPATRA" (Para.)
FIFTH AVENUE— (2,450), 25c-40c-55c, 9
a vs. Gross: $10,200. (Average, 7 days,
',000)
"THE LADY IS WILLING" (Col.)
RANDY RIDES ALONE" (Monogram)
LIBERTY— (1,800), 10c-15c-25c, 7 days,
.ross: $3,450. (Average, $4,000)
"YOUNG AND BEAUTIFUL" (Mascot)
"SIDE STREETS" (F. N.)
MUSIC BOX— (950), 25c-35c-50c, 7 days,
iross: $3,200. Average, $3,500)
"RICHEST GIRL IN THE WORLD"
(Radio)
MUSIC HALL— (2,275), 25c-40c-55c, 7
ays. Gross: $5,900. (Average, $6,500)
GIRL OF THE LIMBERLOST" (Mono.)
ORPHEUM— (2,500), 25c-35c, 7 days,
•'audeville headed by Leary & Craven.
Jross: $7,300. (Average, $5,500)
"MRS. WIGGS OF THE CABBAGE
PATCH" (Para.)
PARAMOUNT— (3,050), 25c-3Sc, 7 days,
■iuss Ferris' "Broadway Vanities" revue on
.tage. Gross: $6,100. (Average, $6,000)
,6Lady by Choice"
Leads Providence
(Continued from page 10)
ihrough with $8,400, booking "Night
Alarm" and "Dancing Honeymoon,"
;he latter a revue. The average take
for both of these houses is $7,000.
The Strand caught $7,400 with a
combo bill, "Ready for Love" and
"Menace," and the Majestic, with "Six-
Day Bicycle Race" and "Big Hearted
Herbert," was strong at $7,200. Loew's
slipped to $9,000 with "Transatlantic
Merry-Go-Round" and "Against the
Law," although the well-balanced bill
seemed to please.
First run business was $43,400. Av-
erage is $40,500.
Estimated takings for the week end-
ing Nov. 1 :
"READY FOR LOVE" (Para.)
"MENACE" (Para.)
STRAND— (2,300), 15c-40c, 7 days. Gross:
$7,400. (Average, $6,500)
"LADY BY CHOICE" (Col.)
RKO ALB EE— (2,300), 15c-40c, 7 days.
' Carnival Capers," revue, on stage. Gross:
$10,200. (Average, $7,000)
"TRANSATLANTIC MERRY-GO-
ROUND" (M-G-M)
"AGAINST THE LAW" (Col.)
LOEW'S STATE— (3,800), 15c-40c, 7 days.
Gross: $9,000. (Average, $12,000)
"NIGHT ALARM" (American)
^ FAY'S— (1,600), 15c-40c, 7 days. Stage:
"Dancing Honeymoon" revue. Gross: $8,400.
(Average, $7,000)
"SIX-DAY BICYCLE RACE" (Warners)
"BIG HEARTED HERBERT" (Warners)
MAJESTIC— (2,400), 15c-40c, 7 days.
Gross: $7,200. (Average, $7,000)
"GAY DIVORCEE" (Radio)
"BEGGAR'S HOLIDAY" (Monogram)
RKO VICTORY— (1,600), 10c-25c, 4 days.
Gross: $1,200. (Average, $1,000)
"U"May Not Produce
Abroad-Laemmle, Jr.
(Continued from page 1)
here he will look over plays and take
in a number of shows.
Speaking of coast production, Uni-
versale production head declared ex-
tensive preparations are being made
for "Show Boat," "The Great Zeig-
feld," "Return of Frankenstein,"
"Night Life of the Gods" and others.
"Imitation of Life" has just been com-
pleted and should be in from Holly-
wood any day, he said.
Asked if he had signed anyone
before he left the coast, he said he
couldn't think that far back. His 17-
day trip on the water has been a great
rest and he didn't want to think of
business, he added.
Accompanying him were Harry
Zehner, his assistant ; Polan Banks,
author ; and Archie Gottler, song
writer. Meeting the party at the boat
were David Werner, Charles Ford,
Joe Weil, Sam Sedron and Paul
Gulick.
Meyer Will Advise
On Theatre Angles
Hollywood, Nov. 6. — Fred S. Mey-
er, president of the M. P. T. O. of
Wisconsin, who becomes special as-
Yes and No
Carl Laemmle, Jr., said
upon his arrival from the
coast yesterday that he would
not spoil his 17-day vacation
by getting down to business
last night.
In the next breath he
asked a Universalite meeting
him for his mail.
sistant to Carl Laemmle, Sr., shortly,
will advise the Universal president on
production from an exhibitor angle.
He succeeds Joe Weil, who has been
returned to exploitation in the com-
pany's New York office.
Meyer has been an exhibitor for
many years and latterly has operated
the Alhambra, Milwaukee, under a
sub-lease from Universal.
Milwaukee, Nov. 6. — Fred S. Mey-
er will be guest at a farewell party
tomorrow night at the Hotel Pfister
to be given by the M. P. T. O. unit.
Mrs. Meyer will accompany her hus-
band to the coast. A son, Stanley, is
now manager of the Fox Oriental here.
A daughter, Delphine, is studying in
the University of Southern California.
II
"One Night"
Denver Draw
In 2nd Run
Denver, Nov. 6. — "One Night of
Love" came back for a second run at
the Aladdin and was the only above-
par attraction in town. It took $3,000.
"Happiness Ahead" and "Peck's
Bad Boy" were good for $6,000 each
at the Denver and Orpheum, re-
spectively.
Total first run business was $20,000.
Average is $20,500.
Estimated takings for the week end-
ing Nov. 1.
"ONE NIGHT OF LOVE" (Col.)
ALADDIN— (1,500). 25c-35c-50c, 2nd run,
7 days. Gross: $3,000. (Average, $2,500)
"WAGON WHEELS" (Para.)
DENH AM— (1,500), 25c-35c-50c, 7 days,
with musical prologue. Gross: $3,500.
(Average, $4,000)
"HAPPINESS AHEAD" (F. N.)
DENVER— (2,500), 25c-35c-50c. 7 days.
Gross: $6,000. (Average, $6,000)
"PECK'S BAD BOY" (Fox)
ORPHEUM— (2,600), 25c-35c-50c, 7 days.
Gross: $6,000. (Average, $6,000)
"SIDE STREETS" (F. N.)
PARAMOUNT — (2,000), 25c-35c-50c. 3
days. Gross: $500.
"FRIENDS OF MR. SWEENEY"
(Warners)
PARAMOUNT — (2,000). 25c-35c-50c, 4
days. Gross: $1,000. (Average for week,
$2,000)
Sees No Pathe Help
Without Refinancing
(Continued from page 1)
today by A. B. Poole, vice-president
of the company, who leaves for the
east Saturday, after a 10-day visit on
the coast, where he has established an
office to represent Pathe interests at
the RKO Pathe studio, with John
Jasper in charge.
Anticipating an early decision frorr^
the courts in this matter, Pathe is
seeking to enlarge its eastern labora-
tory production and is reviewing many
propositions submitted by the higher
class of independent producers, Poole
asserted. He added that should these
deals go through and necessitate estab-
lishment of a laboratory here or asso-
ciation with one of the independent
laboratories for local rush work, this
will be done.
Further indication that Pathe is in
the field for more Hollywood business
is said to be that Stuart Webb, head
of the company, plans to alternate
with Poole in making quarterly visits
to the coast.
Give Party for Stahl
Hackensack, Nov. 6. — Managers
of the Skouras theatres in Jersey
turned out for a "Blessed Event
Party" for Maurice Stahl, division
manager, and Mrs. Stahl, at Ben Mar-
den's Riviera the other night. Guests
also included George Skouras, Larry
Kent, Harry Buxbaum, Joe Lee, Wil-
liam Sussman. Managers of all Jer-
sey Skouras theatres were there.
Flash Review
The Blue Danube — A slight but
pleasing production, charming in its
musical content and photographic ac-
complishment. . . .
This Him will be reviewed in full in a
later issue of Motion Picture Daily.
MOTION PICTURE DAILY*
HOLLYWOOD PREVIEW
"I Am a Thief"
(Warners)
Hollywood, Nov. 6. — Combining murder, mystery and melodrama
with jewel thievery and the jolly intrigue that surrounds the stealing and
protection of diamonds of fabulous price, Robert Florey has directed a
smart, interesting film from a corking screen play by Doris Malloy and
Ralph Block.
While not pretentious or startling, the film commands attention by its
curiosity-arousing suspense, enhanced by limiting the players to the
length and breadth of a speeding express train going from Paris to
Istanbul.
Two forces, the audience guessing which is which, combat each other
as Ricardo Cortez, Dudley Digges, Ferdinand Gottschalk and Frank
Reicher, jewel thieves, pit their wits against Mary Astor, Irving Pichel
and Hobart Cavanaugh, secret service and insurance agents. Robert
Barratt's gang, jewel hijackers, conflicts with the other thieves and the
detectives. A romance between Cortez and Miss Astor weaves in and
out of the yarn.
The climax is a neat unity of thrill, gunplay and suspense snapping
into a quick denouement.
Production values are okay, with Sid Hickox's photography the same.
Admitting of exploitation, the film is a nice program picture, with
better expectancy from subsequent runs.
Code seal No. 358. Running time, 60 minutes.
"The Bride and the Best Man"
(M-G-M)
Hollywood, Nov. 6. — Here is a weak story dressed up with rowdy
clean comedy and good performances. The yarn deals with Carole
Lombard, a gold digger who takes gangster big shots, Nat Pendleton,
Sam Hardy and Leo Carillo, for plenty of what it takes to buy pretty
things, finally to be reformed by bodyguard Chester Morris, who turns
honest and offers love in a cottage.
The cast all troupe in a grand manner. Zasu Pitts provokes hearty
laughs. The dialogue is alternately scintilating and dull. Jack Conway's
direction wrings the most from the situations, such as they are.
Photography by Ray June is good.
The picture is one of Leo's fairly entertaining ones. No code seal.
Running time, 75 minutes.
"365 Nights in Hollywood," the new picture at the Mayfair, was covered
by wire from Hollywood on Sept. 29.
THANKSGIVING TREAT FOR EVER}
HEATRE IN THE COUNTRY
Outstanding
Color Reel /
>f the Year/
VOL ^
gf_|
Land
y4 Columbia One Reel
COLOR
RHAPSODY
Produced by
CHARLES MINTZ
Other Outstanding Columbia Short Features:
THE SPICE OF LIFE
SCREEN SNAPSHOTS
K R A Z Y K A T
LAUGHING with MEDBURY
TWO REEL COMEDIES
S C R A P P y
WORLD OF SPORTS
LIFE'S LAST LAUGHS
these are COLUMBIA PICTURES
MOTION PICTURE
DAILY
Alert,
Intelligent
the
in All
Branches
OL. 36. NO. 110
NEW YORK, THURSDAY, NOVEMBER 8, 1934
TEN CENTS
)bstacles to
New Plan for
Para. Fading
Hvisions Over Stock
Transfers Remain
With agreements expected to be
ached today or tomorrow on Allied
wners' $23,000,000 claim and that of
rpi for $1,800,000, virtually all seri-
es obstacles to completion of the
uhn, Loeb & Co. plan of reorgani-
ition for Paramount Publix will be
■moved, an authoritative source
ated yesterday.
Regarded as virtually the only com-
exities of a time-consuming nature
5\v in existence are certain internal
ejections to provisions for stock
ansfers which, it is said, have re-v
llted in a minor division within the
incipal stockholders' group, the com-
littee of which Duncan A. Holmes
chairman and which represents
(Continued on page 4)
Vxpect Early Deal
With E. V. Richards
Possibilities of an agreement being
■ached within the next few days on
le provisions for E. V. Richards'
irticipation in the reorganized Saen-
:r Theatres company were voiced
?sterday by those close to the nego-
ations.
Richards is remaining here for the
lal conferences which may occur to-
orrow or Saturday. Karl Hob-
tzelle, Paramount operating partner
Interstate Circuit, Texas, is acting
i intermediary between Richards and
(Continued on page 4)
loxy, Rialto May Be
Fox Outlet on B'way
Fox will look to the Roxy and
ialto as its new outlet for pictures
)t playing the Music Hall, following
mediation of a contract with the
[ayfair.
Two pictures, "Gambling" and
ciell and High Heaven," have been
Tered the two Broadway houses and
is likely the former film will go
to the Rialto.
No deals are set. If, and when, a
(Continued on page 6)
?arnol Resigns His
Post with Goldwyn
Lynn Farnol, for seven years gen-
'al publicity representative for
amuel Goldwyn, has resigned his
Dst, effective early in December, to
iter the general advertising field. The
(Continued on page 6)
No Plan Yet
Warners stated yesterday
no decision had been reached
as to whether or not the
classification of film idea will
be extended beyond the Phil-
adelphia theatre zone. The
letter "A" indicates pictures
held suitable for adults and
"F," for the family.
"We haven't learned
enough about it," explained
a Warner theatre executive
yesterday, "but we should
have all the information we
require shortly."
Fox Midwest
Uses Plan of
Rating Films
Kansas City, Nov. 7. — The War-
ner circuit idea of segregating pic-
tures for adult and family audiences
and designating them as such has a
forerunner in a similar plan launched
last August by Fox Midwest for its
theatres in Kansas, Missouri, Illinois
and Iowa.
The Fox Midwest classification plan
became effective with the state of the
new releasing season, and already
(Continued on page 6)
SEEK CLEARANCE
SHOWDOWN TODAY
Court Fight Looms
On K. C. Premiums
Kansas City, Nov. 7. — Premium
proponents here have laid plans to
go to the Federal courts to test the
constitutionality of the ban on the
practice if the local grievance board
finds against two exhibitors charged
with violation of the restriction. A
group of independents have organ-
ized to fight the ban. They are rais-
ing funds and have hired counsel. The
manner in which Leonard Ulmann,
attorney for the premium users, con-
ducted the defense at the grievance
hearing this afternoon is seen as an
(Continued on page 6)
Allied Law Moves
Ready, Samuelson
Allied is now ready to go ahead
with its three-point legislative pro-
gram, Sidney Samuelson, president,
stated yesterday. The national inde-
pendent organization is seeking to re-
move the music tax imposed by
(Continued on page 8)
HQ99 jQr Qeneral
"A" for Adults
BeCAUSE it believes classification of films
is on the way along more general lines than now prevails,
Because, despite the attitude of some that every picture
is an attraction for all audiences, it obviously is not,
Because many of the difficulties, originating from out-
side sources, may be traced to a paucity of information
furnished as to a particular picture's entertainment appeal,
Because classification places greater responsibility on
the shoulders of parents, where it properly should rest,
Because many sage and sound observers, who also hap-
pen to be film men, lean on the arrangement as one which
must officially come, sooner or later,
Motion Picture Daily, from this point on, will designate
feature reviews — "G" for general entertainment and "A"
for adult entertainment.
The designation, it is pointed out, will not be applied
rigidly. Neither will it aim to be conclusive. Rather, it will
furnish theatre operators with an additional item of valu-
able information.
K A N N
Campi Indies Say They
Cannot Fathom Delay
By Distributors
Contending distributors are "pro-
crastinating and deliberately stalling"
on clearance and zoning, independent
forces are expected to ask for a show-
down at today's meeting of Campi.
Certain members of Campi cannot
understand distributors' attitude on de-
lay in view of the fact that Code Au-
thority some time ago adopted 12 ba-
sic principles for setting up schec£
ules, one of them having admission
prices as a keystone on clearances.
At all appeal hearings following
adoption of the principles, distributors
have raised objections to clearances
based on admissions. In the Detroit
and Kansas City instances, exhibitors
attending hearings from these terri-
tories stated similar plans have been
in force for the past five years with-
out protests. In the case of Kansas
City, exchange men in that zone were
(Continued on page 4)
Sinclair Threatens
Drive for EPIC Plan
San Francisco, Nov. 7. — A threat
to set underway a new drive to make
his EPIC plan a reality was hurled
today by Upton Sinclair as he contem-
plated his defeat in his race for the
governorshop of California on the
Democratic ticket. Incomplete returns
placed acting Gov. Frank F. Merriam,
Republican, some 200,000 votes ahead
of his Democratic opponent.
Characterizing the results of the
balloting as a "brief victory" for the
(Continued on page 8)
Gaumont Has 90% of
U. S. Territory Set
With 90 per cent of the country set
as far as sales force is concerned,
Gaumont British expects to line up the
remaining 10 per cent within the next
two weeks, Arthur Lee, general man-
ager, stated yesterday.
George Weeks, general sales man-
ager, was in Dallas yesterday and left
last night for Los Angeles where he
(Gontinued on page 4)
Report Fox Ready to
Make 12 in Britain
London, Nov. 7. — Fox is reported
set to produce 12 pictures in Eng-
land. The company is understood
looking for studio space and may use
the Gaumont British facilities,
MOTION PICTURE
DAILY
Thursday, November 8, 193
MOTION PICTURE
DAILY
(Registered U. S. Patent Office)
Vol. 36
November 8, 1934
No. 110
Martin Quigley
Editor-in-Chief and Publisher
MAURICE KANN
Editor
JAMES A. CRON
Advertising Manager
Published daily except Sunday and holi-
days by Motion Picture Daily, Inc., sub-
sidiary of Quigley Publications, Inc.,
Martin Quigley, President; Colvin Brown,
Vice-President and Treasurer.
Publication Office: 1790 Broadway, New
York. Telephone Circle 7-3100. Cable ad-
dress "Quigpubco, New York." All con-
tents copyrighted 1934 by Motion Picture
Daily, Inc. Address all correspondence to
the New York Office. Other Quigley pub-
lications: MOTION PICTURE HERALD,
BETTER THEATRES, THE MOTION
PICTURE ALMANAC and THE CHI-
CAGOAN.
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Building, Vine and Yucca Streets, Victor
M. Shapiro, Manager; Chicago Bureau: 407
South Dearborn Street, Edwin S. Clif-
ford, Manager; London Bureau: Remo
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Entered as second class matter, January
4, 1926, at the Post Office at New York
City, N. Y., under Act of March 3, 1879.
Subscription rates per year: $6 in the
Americas, except Canada $15 and foreign
$12. Single copies: 10 cents.
Wolf Named Head of
Variety Club No. 10
Indianapolis, Nov. 7. — Mark Wolf,
general manager for the Young The
atres in Indiana, has been elected
president of Variety Club Tent No. 10.
Floyd Brown, Universal manager, is
first vice-president ; Kenneth Collins,
Apollo Theatre manager, second vice
president; Carl Niesse, Central City
Amusement Co., manager, treasurer
and A. C. Zaring, Zaring Theatre, sec-
retary.
Joe Cantor of United Artists is the
retiring president.
Grace Moore Ends Tour
Omaha, Nov. 7. — After singing here
with a temperature of 101 against the
advice of a physician, Grace Moore
canceled her tour. She boarded a
train for Milwaukee. Helen Jepsen,
radio soprano, will take her place.
Control in New House
The Control Corp. of America has
been contracted by Charles Segall to
install complete air conditioning,
cooling, heating and ventilating sys
terns in the new Bromley Theatre,
Philadelphia, now under construction.
Ampa Meet Today Closed
The Ampa meeting today will be a
closed one. The purpose is to put to
a vote the admittance of women in the
industry as associate members.
British Films Cut Down
American Takes — Lesser
British producers are making more
pictures, spending more money for
production and are reaching for an
nternational market, Sol Lesser, in-
dependent producer, stated yesterday
on his return from a five weeks' trip
to England and France on the Rex.
He said that English films are taking
25 per cent from American companies
because of their increased business.
Theatres are cleaning up in Eng-
land, Lesser said, and doing a terrific
business. While in England, Lesser
spent five days in shooting exteriors
on "Cowboy Millionaire." He leaves
for the coast Sunday.
Eddie Cline, director, who accom-
panied Lesser, also asserted business
in England was good and all studios
are humming at top speed. He said
it was difficult to rent a theatre for
a trade showing.
"All English studios are full of
Americans," he added, and at his visit
to some of the plants he met many
friends from California. Cline and
his wife leave today for Hollywood
to complete the George O'Brien pic-
ture. O'Brien and his wife are now in
Russia and sail from France on the
Paris on Nov. 14.
Clarence Brown returned on the
Rex also after a three months' vaca-
tion in England, France, Switzerland,
Hungary, Italy and Austria. He said
he kept away from the picture busi-
ness as much as possible and added he
saw two pictures while in France. He
said he was forced to see these. He
leaves by plane Nov. 14 for Holly-
wood to start his new three-year con-
tract.
Tullio Carminati, who appeared in
"One Night of Love," was a passen-
ger on the Italian liner. He said he
made an Italian film, "The Wedding
March," in Rome for Mander Films.
He added he had an offer to make
one picture for Radio, but hasn't de-
cided whether to accept. It all de-
pends on the story, Carminati stated.
He was abroad for six weeks and
also attending the opening of "One
Night of Love" in London. He will
leave for the coast as soon as he de-
cides on the RKO proposition.
Ely Culbertson, who made six
bridge shorts for Radio, is back after
winning the international bridge match
for the Charles Schwab trophy. He
said he has a number of ideas in mind
for additional shorts and will discuss
them with Radio executives with a
view to making another series of six
featurettes. Culbertson declared his
shorts are successful because they are
entertaining, in addition to being in-
structional, and audiences are amused
by them.
Katharine Cornell was another pas-
senger. She denied printed reports she
would appear in films. Miss Cornell
said she has not been offered a con-
tract, and, if she were, she would
turn it down. She will have nothing
to do with pictures, she declared.
Miss Cornell was away three months
vacationing in France and Italy and
shortly will appear in "Romeo and
Juliet." first of her repertoire, which
includes "The Barretts of Wimpole
Street," "Candida" and "Flowers of
the Forest."
Wolff Sets "Civilized"
Jerome H. Wolff, sales manager for
Raspin Productions, Inc., has returned
from a tour of St. Louis, Kansas City,
Detroit. Philadelphia and Boston
where he made arrangements for the
distribution of "Are We Civilized?"
"Divorcee** to Music Hall
"The Gay Divorcee" opens at the
Music Hall Nov. 15.
Schenck Sailing Off
London, Nov. 7. — The return of Jo-
seph M. Schenck, president of United
Artists, to New York, which was
scheduled for this week, has been again
postponed. He will probably sail in
a week or 10 days.
Herbert* for Mayfair
"Big Hearted Herbert" opens the
Mayfair Monday evening.
Eastman to New High on Big Board
Hish
Columbia Pictures, vtc 38
Consolidated Film Industries 3%
Consolidated Film Industries, pfd 15%
Eastman Kodak 108%
Fox Film "A" 12%
Loew's, Inc 31%
Loew's, Inc.. pfd 9954
Paramount Publix, cts 4%
Pathe Exchange 154
Pathe Exchange "A" 135^5
RKO 2
Warner Bros 4%
Net
Low
Close
Change
Sales
36%
38
+1%
800
3%
3%
100
15%
15%
-%
1.800
107
108%
+1%
1.900
12%
12%
+ %
1.200
30%
98
31%
- %
6.700
99%
+1%
400
4%
4%
6,000
1%
1%
900
12%
13%
700
1%
2
+ %
2,300
4%
4%
+ %
1,600
< Purely
Personal \\
JOHN HAY WHITNEY is nc
known in industry circles as t
"flying producer." He has been fly i:
to the coast for checkups on "Beci
Sharp" and back again, making t
trips in 48 hours in all.
Will H. Hays, Ed Kuykenda
and Sidney Samuelson lunched at t
M. P. Club yesterday, each sitting
different tables. Hays was with A)
thony Muto and Kuykendall w
with Louis Phillips. Samuelsc
was all by his lonesome.
Milt Kusell returned from A
bany and Buffalo yesterday. He he
special meetings of the sales forces
acquaint them with the new thre
month sales drive which gets und
way Jan. 1.
Joe Penner, who gets top billing
"College Rhythm," attended the tra
showing of the picture at the Ast^
yesterday morning.
Louis Nizer is now head of tl
M. P. Division of the Commerce atJ
Industry section of the Citizen
Family Welfare Committee.
Ursula Parrott's forthcomii:.
novel, "Goodbye Again," has befl
bought by Universal.
Robert Andrews' "Drum Beat;
and Ewing Scott's "Renegade" ha^
been acquired by Paramount.
Nunnally Johnson, accompani^
by Mrs. Johnson, is in town fro
the coast and is at the Warwick.
Constance Cummings arrives he
in two weeks to star in Crosi
Gaige's play, "Old Loves."
Robert Flaherty, G-B directc
sails for England tomorrow on tl
Aquitania.
John McDermott, screen write
arrived in town yesterday for a sho
stay.
Lou Metzger left for the coast ye
terday and will return in a month.
Joseph Santley has sold "Murd<
in a Chinese Theatre" to M-G-M.
Lynn Farnol is equipping a ne
apartment in East 79th St.
Trans Lux Rises Vi on Curb
Hiirh
Technicolor 13%
Trans Lux 3%
G. T. E. Bond Issues Advance
General Theatre Bauipaeat *• '4t
General The»tre Equipment 6* '4t, atf.
Loew's 6s '41, ww deb riifhtt
Paramount Broadway 3%s '31
Paramount F. L. 6s '47
Paramount Publix 5%b '50
Pa the 7s '37, ww..
Warner Bros. 6s '39, wd
. <%
. 9A
.104
. 40%
. 58%
. 58%
. 98%
. 59
Net
Low
Close
Change
Sales
12%
13%
500
a
2
+ %
500
dvance
Net
Lnr
CIOM
Chain*
Sales
•%
«%
+ %
2
3%
•%
+ %
15
103%
103%
- %
4
40%
40%
1
57%
57%
-%
25
57%
58
+ %
20
98%
98%
2
58%
58%
- %
9
Rests with Architects
Architects are drawing plans for
theatre and office building on the sit
of the Rialto, 42nd St. and 7th Av
Dependent upon their suggestions rest
decision to proceed. Midtown Time'
Square, Inc., is the name of a ne-
company which has acquired the proj
erty from the Gerry Estates. Artht
Mayer, present operator of the Rialt<
has a year to go on his present leas
"Little Men** to Start
Hollywood, Nov. 7. — Mascot's pn'
duction of Louisa M. Alcott's "Litt',
Men" will start shooting Friday witv
Phil Rosen directing. The cast ir
eludes Erin O'Brien-Moore, Ralp
Morgan, Frankie Darro, Cora Su,
Collins, Dickie Moore, Trent Durkii
Tad Alexander, Margaret Mam
George Ernst, and Ronni Crosby.
To Meet on Magazine Bat
Hollywood, Nov. 7. — Publicity d
rectors will meet tomorrow to discus
banning magazines tying up Broad
way's semi-nude chorines with picturi
stars.
It stood 'em up in
ROCHESTER
// was a sensation in
CINCINNATI
// bowled 'em over in
INDIANAPOLIS
It was colossal in
ST. LOUIS
What's the use
of being ~
modest*
IT'S JUST A
HELL OF A
SWELL PICTURE!
JOHN
GILBERT
WALTER
CONNOLLY^x v
? WALTER
^)CATLET1
TALA
B I R E LL
CAPUIN HATB4HA
A LEWIS MILESTONE PRODUCTION
Story and screen play by Wallace Smith
Directed by Lewis Milestone
COLUMBIA
PI C T U R
MOTION PICTURE
DAILY
Thursday, November 8. 1934
Showdown on
Clearance Is
Sought Today
(Continued from page 1)
astounded by M-G-M and Paramount
obj ections.
Exhibitors generally agree there is
no other way to set clearances other
than by admissions. Distributors, how-
ever, want to sell protection. Prac-
tically all major circuit deals through-
out the country are now closed and
have special protection clauses in them,
it is understood. Whether clearance
schedules to be adopted will super-
sede contract clauses has not yet been
determined.
A special effort on the part of some
Campi men will be made today to
rush through the Kansas City sched-
ule so that it can be put into operation
by Dec. 1. A report on the Los An-
geles plan will be presented, but indi-
cations are it will not be approved
today.
A special hearing was held yester-
day on the Port Richmond, S. I. and
Leonia, N. J., clearance decisions
handed down recently by Campi. An
application for rehearing will be pre-
sented today for action. In both
cases, the complainants, although given
decisions, are dissatisfied.
Loew Case Up Again
Loew's Victory against Forum
and Fleetwood, a clearance case which
has been on and off the Campi calen-
dar for the past few sessions, is again
listed for disposition today.
Certain Code Authority members
are so riled at the "slow motion" at-
titude in getting clearance set up that
unless something is done today one
or two may resign, it was reported
last night. The attitude of the com-
plainants is that all the appeal hear-
ings have been a waste of time if
Campi cannot expedite matters on na-
tional zoning.
Division Administrator Sol A. Ro-
senblatt is reported displeased with
the constant delays and is ready to
take action. One report has it he
may increase Campi from 10 to 15
with exhibitor representation outnum-
bering distributors. With the country
voting in favor of the "New Deal,"
Rosenblatt is definitely set to continue
in his present post. He has certain
changes in mind as far as Campi is
concerned, it is stated. Deputy Ad-
ministrator William P. Farnsworth
will substitute for Rosenblatt today as
he did at the last session.
Maximum Dating
Time Asked in K. C.
Kansas Cj'ty, Nov. 7. — A resolution
asking all exchange managers here to
fix maximum clearance as a definite
dating period was adopted today at a
meeting of the I. T. O.
No objections were expressed to the
minimum and maximum clearances
with difference of seven days as in-
cluded in the schedule up for Campi
approval tomorrow. Instead a request
for a maximum dating period will be
made to the exchanges direct. The
idea is to prevent preferred dating by
favored exhibitors, according to those
at the meeting.
Surprise Party for Horne
Actually Proves Surprise
At Hal Home's surprise party yesterday. Left to right: Monroe Greenthal, Hal
Home, Mrs. Home, A. J. Kohler, Sally Blane and Abe Lehr.
Hal Horne, arch conspirator in the
matter of arranging surprise parties,
found himself on the receiving end
yesterday and liked it.
It seemed that Lea Sachs, who yes-
terday became Mrs. Horne, had prov-
en herself a woman of great resolve
and, in the last few years, had turned
down Home's offer of marriage with
great regularity. The detail of what
happened latterly is not clear, but
what is clear is that Hal won out
eventually and the couple married at
City Hall yesterday. That's the why
of the surprise party.
About 160 turned up at Leon and
Eddie's. There were press agents of
other companies, trade and daily news-
paper men and virtually the entire
array of United Artists executives.
Hal arrived first, had a date to meet
the bride, drank no drinks because
he had promised not to and held his
breath until Mrs. Horne arrived.
Jack Benny was among those who
took advantage of the situation an3
not only kissed the bride, but the
groom as well. He was not misunder-
stood. Harry Brand, publicity man
at the U. A. studio, wired a sugges-
tion that Hal first ascertain whether
Lea Sachs was of the Sth Ave. Saks
or Goldman, Sachs and, if the latter,
for Horne to wait until Eddie Cantor
wins his suit.
Monroe Greenthal was master of
ceremonies. He was busy and so
were the photographers. Al Lichtman
described the nuptials not as a "wed-
ding, but as a reconciliation." Horne
thought that was funny, but his smile
at the crack wasn't all that it might
have been.
Kay Kamen, distributor of the
Mickey Mouse accessories, wired an
offer of $15 for Hal's address book,
but the party broke up without any
deal. There were some around who
thought that this augured badly for
the future.
Nobody paid much attention to the
speeches, but Paul Benjamin, repre-
senting the Ampas, delivered his
speech in the form of a present : a
traveling bag.
On the dais were Dennis F. O'Brien,
William P. Phillips, Harry D. Buck-
ley, Joe Moskowitz, Harry Goetz, Al
Lichtman, Monroe Greenthal, A. J.
Kobler, James Mulvey, Abe Lehr and
Fred Kohlmar.
Horne and Mrs. Horne shook off
the well wishers in plenty of time to
make the Century, coast-bound, where
he will confer with Darryl F. Za-
nuck on exploitation plans for "The
Mighty Barnum."
Reingold Back on Job
St. Louis, Nov. 7.— B. B. Rein-
gold, . local manager for Fox, who
had been ill for several weeks with
a mild attack of pneumonia, has re-
turned to his desk. He has not yet
recovered his full strength, but is
expected to be hitting on all 12 cylin-
ders at an early date.
Indianapolis Ohio Open
Indianapolis, Nov. 7. — The Ohio
theatre has opened here with a double
feature. George Settos, who formerly
operated a circuit in Ohio, leased the
house from D. A. Coulter.
Move Dickinson Booking
Kansas City, Nov. 7. — The book-
ing department of the Dickinson cir-
cuit has been moved from Kansas City
to Lawrence, Kan., where the circuit
maintains headquarters.
Gaumont Has 90% of
U. S. Territory Set
(Continued from page 1)
arrives Saturday. From Los Angeles
he will go to San Francisco and then
make several other key cities en route
east. He will be back in three weeks.
Weeks has closed deals with A. C.
Hayman for Hayman's first run hous-
es in Buffalo and Niagara Falls and
with Elmer Rhoden, Fox Midwest
circuit, for first run in Kansas City
and 60 other spots.
Weeks has also appointed Marcel
Mekelburg of Albany as salesman.
"Man of Aran" ended its run at
the Criterion last night, grossing ap-
proximately $3,500 on the final seven
days. This afternoon the picture
opens at the Westminster on the
same two-a-day policy. Carl Goe is
in charge of the Westminster for G-B.
Harry Brandt has closed for the
entire Gaumont British lineup for his
Obstacles to
New Plan for
Para. Fading
(Continued from page 1)
more than 50 per cent of the Para-
mount shares outstanding. These dif-
ferences, it is expected, will be ironed
out within a week or 10 days.
These formal preparations for sub-
mission of the Paramount plan are re-
garded in reorganization quarters as
routine procedure and not likely to de-
lay completion of the plan later than
Dec. 1.
Barring unexpected delays, it was
said there is an excellent chance of a
reorganized Paramount by Jan. 1.
The agreement involving Erpi's
claim is understood to be of a provi-
sional nature, the effectiveness of
which may depend on the outcome of
the current American Tri-Ergon pat-
ent litigation. Also schedule for early
completion, it was stated, is the reor-
ganization plan for Olympia Theatres,
Paramount's New England subsidiary,
which may be completed within the
next week.
Court Permits Para,
Suit Against Warner
Permission to retain counsel to press
the long pending Paramount Publix
patent infringement action against
Warners and First National over the
Dunning process of composite picture
making was granted the Paramount
trustees yesterday by Federal Judge
Alfred C. Coxe.
The suit, which has been pending
in Federal court at Los Angeles since
1930, asks for an injunction and an
accounting by the Warner companies
and subsidiaries. Paramount is a joint
complainant with Dunning Process
Co. in the action and, under cross
licensing agreements would receive 25
per cent of any judgment won. The
Dunning company would also receive
25 per cent and Roy J. Pomeroy, 50
per cent.
Hornidge & Dowd, New York pat-
ent attorneys, will be retained by the
Paramount trustees to press the action.
The firm has advised the trustees that,
in its opinion, an appreciable sum may
be realized if an accounting is obtained.
Expect Early Deal
With E, V. Richards
(Continued from page 1)
the Paramount Publix trustees in the
negotiations which are progressing
"encouragingly", according to authori-
tative sources. An adjustment of Rich-
ards' participating interest in the re-
organized Saenger companies in Para-
mount's favor is at stake. An agree-
ment would permit the reorganization
of the large southern circuit to pro-
ceed as soon as the changes resulting
from the negotiations had been in-
corporated in the Saenger reorganiza-
tion plan, which is complete in all
other respects. i
circuit. "Evergreen" goes into the
Music Hall some time in December
and George Arliss in "The Iron Duke''
is slated to play the house in January.
Definite dates are not set.
TACC
JACK IS BACK !
Jack is John W. Alicoate, Editor and Publisher Film Daily. He's
just back from Europe . . . He's always just back . . . From
somewhere. .. Because wherever news is... Jack is... Exhibitors
can depend upon him . . . Film Daily judges pictures by the
box-office. .. Film Daily said that "Chu Chin Chow" "Power" I,
"Little Friend" and "Man of Aran" were all box-office . . .
Each one of these four has delivered at the Box-office.
Remember fhese titles:
"CHU CHIN CHOW" "POWER" "LITTLE FRIEND" "MAN OF ARAN"
,
COMING! EVELYN LAYE in "EVENSONG" ROXY FRI. NOV. 16
ON THE WAY! GEORGE ARLISS in "THE IRON DUKE"
PHYSICAL DISTRIBUTION • FOX EXCHANGES • CANADA, REGAL FILMS, LTD.
MOTION PICTURE
DAILY
Thursday, November 8, 1924
Midwest Uses Plan
Of Rating Pictures
{Continued from page 1)
beneficial results are reported by the
theatres, especially in the smaller
cities and towns where the manager
is closer to community contacts.
Part of an elaborate campaign to
counteract current criticisms of pic-
tures and designed to win over the
critics, the "earmarking" idea was
intended to return to the parents the
responsibility for selection of film fare
for children.
"We had to do something to counter-
act the agitation and tune in with
the trend for more wholesome enter-
tainment," observes E. C. Rhoden,
Fox Midwest division manager.
While the plan originally contem-
plated designating pictures with an
A or an F in newspaper and other
advertising, this so far has not been
developed. But the same purpose is
achieved by the issuance of leaflets,
one a month, similar in form and con-
tent to the "Selected Motion Pictures"
booklet distributed by the M. P. P.
D. A. These leaflets, condensed to
four pages, list current releases used
by the circuit's theatres and appended
are the estimates of the west and east
coast preview committees. The segre-
gation idea is carried out, and each
picture is marked for either adult or
family suitability.
Leaflets Mailed to Parents
The leaflets are placed in the hands
of those directly interested, being
mailed by individual managers to a
selected list of parents, as well as
Parent-Teacher organizations, women's
clubs and other groups.
Discussing the classification plan,
H. E. Jameyson, Fox Midwest dis-
trict manager at Wichita, one of the
circuit executives who worked it out,
recently said :
"We are not kidding ourselves about
this plan. We do not expect to see
the families flock out en masse to see
every family picture. Neither do we
expect to see children stay away from
strictly adult pictures. We know
from experience that parents will
bring children to see such pictures.
"But we do believe that if this plan
is carried out, thoughtful people will
realize we are attempting to do our
part in keeping youngsters away from
pictures they shouldn't see and we
also believe our efforts in this respect
will win much good will in the com-
munity."
Roxy, Rialto May Be
Fox Outlet on B'way
(.Continued ■from page 1)
deal is made it will be on an individual
picture agreement.
The Rialto opened with "The Last
World War," which was turned down
by Walter Reade and has nothing to
do with the new proposition on tap.
Both the Rialto and Roxy are open
to individual film deals with Fox, but
Harry C. Arthur and Arthur Mayer
will look at them first before doing
business.
Cohen, Herzbrun West
Emanuel Cohen, Paramount produc-
tion head, and Henry Herzbrun, studio
attorney, left for the coast yesterday
after a 15-day visit here. In the same
party were Mrs. Douglas MacLean,
wife of the Paramount producer, and
Lewis Genzler, song writer.
MOTION PICTURE DAILY*
HOLLYWOOD PREVIEW
"Babbitt"
(First National)
Hollywood, Nov. 7. — Flavored with the salty humor of American
home life, blending comedy and pathos, Guy Kibbee delivers a broad-
brushed, engaging portrait of Sinclair Lewis' main stem hero who goes
along, content with real estate, a little fun and a zebra Rotary club.
The present film version deviates somewhat from Lewis' satirical
novel and, although it is minus the barbs and ridicule, nevertheless the
film stands on its own feet as a human, homely entity leavened with
laughter and presenting family entertainment to suffuse audiences with
a comfortable feeling.
The story is of a middle-aged realtor who innocently gets involved
with a girl who tries to shake him down. It shows how his family and
friends stick to him.
Kibbee's character portrayal is a gem of joy with that sterling trouper,
Aline MacMahon, as his wife, good, as always. Minna Gombell handles
What the Symbols Mean
Reviews classified with a "G" are regarded as suitable for
general entertainment.
Those with an "A" are regarded as suitable for adult enter-
tainment.
a difficult role splendidly. Minor Watson makes a small role stand out.
Alan Hale, Berton Churchill, Claire Dodd, Maxine Lewis and Glen
Boles balance the cast.
William Keighley directed smartly from the screen play by Alary
McCall and the adaptation by Tom Reed and Nevin Busch with addi-
tional dialogue by Ben Markson. The photography by Arthur Todd is
okay.
Containing hearty laughs and human interest, this film should satisfy
generally as better than average. Production code seal, No. 349. Run-
ning time, 65 minutes. Classification: "G."
Looking 'Em Over
"Are You a Mason?"
(Olympic)
Twickenham studios have turned out in "Are You a Mason?" an
amusing farce comedy. Here is pretty good fun handled with relish
and briskness by a capable cast. The film is fortunate in that it is free
of the clipped English speech that mars so many British productions.
Sonnie Hale's ma-in-law (Bertha Belmore) is a bug on Free Masonry.
To her a person is good or bad according to whether or not he is a
Mason. She is insistent that Hale join up. To win her favor he deceives
her into believing he has done so. Grand fun results when he finds him-
self in the presence of his father-in-law (J. Robertson Hare), also a fake
Mason, inspired in the deception by the fact it was the only way of being
free of his wife one day in the week.
The two men are wary of each other, each believing the other to be
an honest-to-goodness member of the order. Hale makes a bad move
when he confesses to Hare. He gets even by raking up the ashes of a
past indiscretion. The plot then goes off into some humorous tangents.
Some of the other players are Davy Burnaby, Gwyneth Lloyd, Joyce
Kirby and Lewis Shaw. Henry Edwards directed well. No code seal.
Running time, 74 minutes. Classification : "G."
"The First World War," last night's premier at the Rialto, was reviewed
Oct. 31.
"The White Parade," tomorroiv morning's opener at the Paramount, was
reviewed by wire from Hollywood Oct. 19.
"Evelyn Prentice," which opens at the Capitol tomorroiv morning, iiras
reviewed by wire from Hollyzcood Oct. 29.
"There's Always Tomorrow'," tonight's preview at the Roxy, zvas reviewed
Aug. 23.
"Kid Millions," Saturday morning's premiere at the Rivoli, was reviewed
by wire from Hollywood Sept. 27.
Court Fight Looms
On K. C. Premiums
(Continued from page 1)
indication that an early court test wi;
be sought. Ulmann at the outset dt- .
nied the board's authority to conduct I
a hearing, alleging no ban existed 1
as the poll of exhibitor sentiment on
the matter lacked the necessary 75
per cent vote of unaffiliated show-
men, since six who voted for the ban
later requested their vote be re-
versed.
Referring to the board's alleged re-
fusal to honor this request, Ulmann
attempted to impeach the body's pro-
cedure in making the ban effective
and asked that cases filed by Fox
Midwest against Charles Potter and
E. S. Young, involving three the-
atres, be thrown out.
Ulmann offered no defense, but de-
nied premiums were given by the
respondents.
It is understood the group mapping
the fight on the premium ban will
waive the right to appeal to Campi in
the event of an adverse decision, pre-
ferring to take the fight to the courts
direct from the local board.
Decision on the hearing will be
given Saturday.
Ohio Tax Comes Up
Sixth Time Nov. 19
Columbus, Nov. 7. — With the
smoke of election clearing, the post-
election session of the General Assem-
bly is expected to be called by Gov-
ernor White on Nov. 19, during which
the sales tax, defeated five times in
previous sessions, is scheduled to come
up for final consideration by the
present incumbents. Some feel the
measure will go over until Jan. 1.
Meanwhile, exhibitors, both indi-
vidually and through their organiza-
tion affiliations, are bringing every
possible pressure to bear to speed
passage of the sales tax, now tenta-
tively set at three per cent, as it will
mean repeal of the present admission
impost, ultimately, if not now.
Farnol Resigns His
Post with Goldwyn
(Continued from page 1)
split is amicable and predicated on
Farnol's desire to enter a new field.
No successor has been named.
Hollywood, Nov. 7. — Samuel Gold-
wyn stated today Lynn Farnol's resig-
nation was news to him and that,
since it has never been discussed until
now, he has nobody in mind as a suc-
cessor.
Seadler, Doob Returning
Si Seadler, assistant to Howard
Dietz, and Oscar Doob, head of ad-
vertising and publicity for Loew The-
atres, who have been on the coast
looking over M-G-M's coming prod-
uct, are expected back by plane today.
Harry Thomas on Tour
Harry Thomas, president of First
Division Exchanges, left for Detroit
last night on a tour of various key
cities. From Detroit he plans to visit
Chicago, Atlanta, New Orleans, Char-
lotte and Dallas, returning here in
about three weeks.
tlie
(Of Universal Pictures Corporation)
SATURDAY, DECEMBER 1, 1934
DINNER AT EIGHT
ENTERTAINMENT AND DANCING
FROM THEN ON
MAKE YOUR RESERVATIONS NOW
CALL UNIVERSAL CLUB
CIRCLE 7-7100
TICKETS . . $7.50 Per Person
MOTION PICTURE
DAILY
Thursday, November 8, 193
8
Allied Law Moves
Ready, Samuelson
(Continued from page 1)
A. S. C. A. P., a complete revision of
the code and Campi setup and elimina-
tion of block booking.
Samuelson will outline plans to the
New Jersey unit at its regular meet-
ing next Tuesday. He had intended to
be present at the annual meeting of
Allied of Michigan in Flint yesterday
and today, but because of the elections
he called off the trip. The original
date for the meeting was Oct. 6-7,
when Samuelson had planned to
attend.
Directors of the national organiza-
tion will meet in New Orleans around
Dec. 10. The annual meeting of the
membership will take place in Chicago
shortly after the first of next year.
Allied of Michigan
Opens Two-Day Meet
Flint, Mich., Nov. 7. — Allied of
Michigan opened the first session of
a two-day annual meeting here today
with Ray Branch president, wielding
the gavel.
Election of officers is slated for to-
morrow. Nominations are by petition
and elections by closed ballot. Branch
may continue his present post.
Abram F. Myers, Allied counsel,
decried block booking, holding it the
direct cause of the Legion of Decency
campaign here. He said the whole
country has returned to the "booking
evil," adding Allied will wage a bit-
ter fight against it.
Discussion of the Tri-Ergon patent
decision and amendment of the code
for protection of the independent ex-
hibitor brought the 200 delegates to
their feet in wild applause.
Fred McWilliams and Fred Har-
rington were among those present.
H. M. Richey, James Minter and
Lester Matt are in charge of local
arrangements. Fireworks are expected
at tomorrow's session.
Educational Signs Aces
Kansas City, Nov. 7. — Goodman
Ace, formerly film critic and columnist
of the Kamas City Journal-Post, and
his wife, Jane Ace, have been signed
by Educational and will be featured
in a series of two-reel "Marriage
Wows" comedies, he has informed
friends here. They also will make a
series of comic travelogues for Van
Beuren this season. The Aces are
known through their chain radio fea-
ture, "Easy Aces."
Miss Meehan Engaged
Hollywood, Nov. 7. — Jeannette
Meehan, member of the Hollywood
staff of Motion Picture Daily, is the
recipient of a sparkler, large enough
to dwarf the cuff button of Diamond
Jim Brady, which calls for a trip to
the altar next May with the donor,
Swanton Dorse Dalton. The groom-
to-be is catalogued in the annals of
science as a chemical engineer for the
General Petroleum corporation.
Oregon Governor Friendly
Portland, Nov. 7.— General Charles
G. Martin, elected governor of Ore-
gon yesterday, today promised the in-
dustry the same cooperation he ex-
tended it when he was in Congress.
Taxes to Be Allied
Topic at Des Moines
Des Moines, Nov. 7. — Taxes will
be the principal subject of discussion
at a convention to be held here Nov.
13 by Allied Theatre Owners, Inc.
First among the taxes will be the
new rates of A.S.C.A.P. Another will
be the Iowa sales tax. A state offi-
cial will be present to explain its
workings.
A movement is under way to intro-
duce an amusements tax in the next
session of the legislature and opposi-
tion to it is being lined up.
Para. Sues in Sandusky
Sandusky, O., Nov. 7. — Suit has
been filed in Common Pleas Court here
by Paramount Distributing Co. against
Howard Carter, operating the Lib-
erty, at Vermillion, O., seeking judg-
ment for $990 for failure to play or
pay for Paramount product according
to contract.
The action sets forth that Carter
contracted for 35 features, but refused
to play "Belle of the Nineties" and
"Good Dame." Rental for the two
pictures is given as $20.50 and $13,
respectively.
End Kenton Schine Suit
Kenton, O., Nov. 7. — The Kenton
Amusement Co. has ended suits to
compel continuation of the 20-year
lease given to Schine Chain Theatres,
Inc., and personal operation of its
modern theatre and office building
here. A settlement was reached. The
Kenton will reopen soon under man-
agement of G. H. Foster of Marion.
March, Gable to Zanuck
Hollywood, Nov. 7. — Darryl Za-
nuck has signed Fredric March for
the leading role in "Les Miserables."
Zanuck has also borrowed Clark
Gable from M-G-M for "Call of the
Wild," which William Wellman will
direct. Both pictures will go into pro-
duction early next month.
Hawthorne Funeral Held
Funeral services were held yester-
day for Charles Evans Hawthorne,
Paramount lawyer handling real es-
tate, from his home in New Rochelle.
Burial was in Kensico Cemetery and
was private.
Hawthorne died Saturday from
pneumonia. He is survived by his sis-
ter, Mrs. Adelaide H. Woodin.
Newman Death Shock
Phil Reisman, vice-president and
general foreign sales manager of the
RKO Export Corp., issued a statement
yesterday expressing his firm's shock
and sorrow at the death of Sol G.
Newman in England and expressing
condolence to his widow.
John Servaas Is Shot
Indianapolis, Nov. 7. — John Ser-
vaas, operator of Exhibitors' Ex-
change and a circuit of theatres in
Indiana, was seriously wounded by a
bandit who robbed him of approxi-
mately $100. Little hope is held for
his recovery at Methodist Hospital.
Sanders Subs for Brandt
Rudolph Sanders substituted for
Harry Brandt as presiding officer at
the regular ITOA meeting yester-
day. Brandt was home ill. Nothing
of importance was discussed.
Supply Men to Hold
Board Meeting Here
The second annual meeting of the
board of the Independent Theatre
Supply Dealers' Assn. will be held to-
day at the organization's headquarters
in the Paramount Bldg., with J. E.
Robin, president, in charge. Direc-
tors who are here to attend the meet-
ing are B. F. Shearer, Seattle ; H. W.
Graham, Denver ; Ray Smith, Mil-
waukee ; Max Ruben, Detroit ; K. R.
Douglas, Boston ; Clem Rizzo, Phila-
delphia, and J. C. Hornstein.
A discussion of the theatre supply
code is scheduled for the meeting.
Sinclair Threatens
Drive for EPIC Plan
(Continued from page 1)
opposition, Sinclair stated that "this
election has just been a skirmish and
our people have enlisted for the war."
Hollywood, Nov. 7. — C. C. Petti-
john, counsel for the M. P. P. D. A.,
was flooded with congratulations from
all branches of the industry today for
his work in the campaign to defeat
Upton Sinclair as he prepared to de-
part tonight for New York. Among
the tributes was one from Louis B.
Mayer.
Manhattan Opens Sunday
Manhattan, Kan., Nov. 7. — The
long fight for Sunday shows that has
been waged here was brought to a
climax yesterday when local voters
approved the measure in yesterday's
referendum by a majority of 839. The
proposition was defeated in the refer-
endum last year.
Hear Arcturus-RCA Suit
Wilmington, Nov. .7. — Chancellor
J. O. Wolcott is hearing testimony in
the injunction suit of the Arcturus
Radio Tube Co. against RCA. Arc-
turus seeks to have RCA enjoined
from enforcing a minimum royalty
clause in a licensing agreement.
Closes Minnesota Deal
Jules Levy, vice-president and gen-
eral manager of RKO Distributing
Corp., has closed a deal with the
Friedhl-Publix circuit of Minnesota
for his company's entire product for
1934-35.
Cancels Two Musicals
Radio will not release the two Lou
Brock musicals announced for the
1934-35 schedule as Brock has resigned
from the studio staff to join another
organization.
Campi Takes More Space
Campi has taken an additional 600
feet at the RKO Building in Radio
City. Milton Silber and Sam Moross,
in addition to a number of filing
clerks, occupy the new space.
Una O'Connor Is Hurt
Hollywood, Nov. 7. — Injuries were
suffered by Una O'Connor yesterday
when she was thrown by her horse.
She will be confined to a hospital
three weeks, it was stated.
"College Rhythm" Shown
Paramount held a trade showing of
"College Rhythm" at the Astor yes-
terday morning.
"Dames" Is $9,400
Grosser in Omaha
Omaha, Nov. 7. — "Dames" clicks"
to the tune of $9,400 at the Paramoun
last week.
Business was good elsewhere, toe.
"Six-Day Bike Rider" and "A Girl o
the Limberlost" went over par b>
$1,500 for a $5,000 gross at the Bran
deis, and "Here Comes the Navy" am
"One Exciting Adventure" were ove
normal by $1,600 on a $9,100 gross a
the Orpheum.
Total first run business was ?27,00t
Average is $22,500.
Estimated takings :
Week Ending Oct. 31:
"STUDENT TOUR" (M-G-M)
"READY FOR LOVE" (Para.)
WORLD— (2,200), 25c-40c, 7 days. Gross
$3,500. (Average, $3,500)
"DAMES" (Warners)
PARAMOUNT— (2,800), 25c-40c, 7 day;
Gross: $9,400. (Average, $8,000)
Week Ending Nov. 1:
"SIX-DAY BIKE RIDER" (F. N.)
"A GIRL OF THE LIMBERLOST"
(Monogram)
BRANDEIS— (1,500), 20c-255-35c, 7 dayi
Gross: $5,000. (Average, $3,500)
"HERE COMES THE NAVY" (Warners
"ONE EXCITING ADVENTURE" (Univ.
ORPHEUM— (3,000), 25c-40c, 7 day?
Gross: $9,100. (Average, $7,500)
Guild to Keep Talks
On Equity Move Quiet
Hollywood, Nov. 7. — Decision t
keep discussions on the propose
affiliation with Actors Equity secre
until all problems are thrashed ou;
satisfactorily to both groups wa
reached at a meeting held behini
closed doors tonight by the board o
governors and advisory council of th
Screen Actors' Guild. The proposa
will then go to the general member
ship, it is understood.
Radio to Do Grant Yari
Hollywood, Nov. 7.— Radio is pre
paring to film a story based on th<
life of General U. S. Grant and ha:
purchased the Arthur Goodrich play
"Mr. Grant."
The studio will immediately launcl
a buildup campaign on the picture b}
sending written queries to the various
drama editors and critics throughoui
the country regarding their choice foi
the starring role.
Lazarus En Route East
Minneapolis, Nov. 7. — Paul Laza-
rus, western division manager for
United Artists, has arrived here fron
Hollywood for a short stay. While
here he will confer with local filrr
men. He plans to leave for New York
the end of the week.
Real Estate Men Protest
St. Louis, Nov. 7. — The Real Es-
tate Exchange has joined the protest;
against leasing the Municipal Audi-
torium for "Ziegfeld's Follies."
Renew with Andy Clyde
Hollywood, Nov. 7. — Columbia has
renewed its option on Andy Clyde for
another series of comedies.
Milwaukee Strand Dark
Milwaukee, Nov. 7. — Warners'
Strand, 1,400-seat first run, has gone
dark after operating two weeks.
MOTION PICTURE
DAILY
Alert,
Intelligent
the I
in All
Branches
3L. 36. NO. Ill
NEW YORK, FRIDAY, NOVEMBER 9, 1934
TEN CENTS
'ew Seeking
Cancellation
Of Film Here
7 sing All Current List;
New Buying Delayed
Exhibitors are asking few cancel-
ions in the Greater New York area,
survey of local branch managers in-
rates.
According to exchange men, ex-
bitors are using as many pictures on
33-34 contracts as possible because
ry little buying of new product has
evailed. Now that the Loew-RKO
ioking situation is cleared, salesmen
e beginning to turn in new deals.
Some exchangemen state that, in a
imber of instances where theatremen
nceled a few pictures, they are be-
g repurchased because of a shortage,
liis is not general, it is stated, but
evails in a few cases.
Exhibitors wishing to cancel must
itify bookers within 14 days after
lease date notices are posted in ex-
anges. If they fail to cancel within
e two-week period they must book
cording to releases as available.
So far no grievances involving can-
llations have come before the local
iard. .
eals Given to 18
Features, 9 Shorts
Hollywood, Nov. 8. — Eighteen fea-
res, nine shorts and one serial epi-
de have received certificates of ap-
oval from the Production Code Ad-
inistration over the 10-day period
am Oct. 18 to Oct. 28. The total
ice the bureau started July 15 is
>w 186 features and 164 shorts.
Paramount tops the list with five.
rarners and Columbia are second
ith three features and one short
ch. Universal has two features,
o shorts and a serial episode. Fox
is two features, Radio, Monogram
(Continued on page 12)
?<? Maryland Gross
Totaled $6,336,000
Washington, Nov. 8. — Maryland
5t year operated 144 motion picture
eatres with box-office receipts of
',336,000 and payrolls of $1,248,000
id four other houses with receipts
$167,000 and payrolls of $102,000,
was announced today by the United
ates Census Bureau.
Baltimore, the only large city in the
ate, was reported to have 77 motion
cture theatres whose 1933 receipts
(Continued on page 12)
NRA Shies from Meddling Ask Court to
With Clearance Situation I Take National
Bid for FWC
By CLARENCE LINZ
Washington, Nov. 8. — Complaints
against the alleged slowness of Campi
in setting up national clearance and
zoning will receive scant sympathy
here, where Code Authority is con-
sidered to be proceeding only with the
caution which the situation demands.
Declaring that Campi, as it should,
is feeling its way carefully, Division
Administrator Sol A. Rosenblatt to-
day pointed out that the adoption of
the 12 principles recently by Campi
was "one of the most constructive
steps" the industry has ever taken and
that the compliance organization must
be set up in conformity with those
principles.
Rosenblatt dismissed as "unimpor-
tant" rumors that independents were
considering an appeal for expansion
of Campi to 15 members, with ex-
hibitors outnumbering distributors. It
was pointed out that this would in-
Deny Any Probe
Washington, Nov. 8. — Offi-
cials of the Securities and
Exchange Commission today
denied that any investigation
of a pool in Paramount stock
is being made.
Reports from New York
that certain aspects of a
pool were under scrutiny
were said to be without foun-
dation.
volve an amendment to the code and
one of such importance that it could
be adopted only after a public hear-
ing.
It was indicated that the whole
question of the clearance and zoning
set up is in the hands of Campi and
that Washington will not, for the
present, at least, interfere.
Industry Now
On Road Back,
Says Laemmle
Hollywood, Nov. 8. — "Henry Ford
was right. We are all on the road
back ! All we need is the same cour-
age we used to have when this busi-
ness was younger," declared Carl
Laemmle, president of Universal, in
a statement issued yesterday.
"The whole motion picture busi-
ness has reason to be happier today
than it was a year ago, two years
ago, or three years ago," Laemmle
continues.
"True, we are not making a fortune
today — but we are not losing the for-
tunes we were losing just a little
{Continued on page 9)
3 Stanley Warner
Phila. Theatres Cut
Philadelphia, Nov. 8. — Stanley
Warner today made public a reduc-
tion in admissions at three downtown
houses, the Stanley, Boyd and Aldine.
The new prices are 40 cents to 6
P. M. and 55 cents to closing. These
scales replace 40 cents to 1 P. M.,
55 cents to 6 P. M. and 65 cents to
closing. The change puts into effect
the lowest first run admission in down-
town Philadelphia in more than 10
years.
Fate of K. C.
Plan Rests in
Modification
Incidental business yesterday shunted
the Kansas City clearance and zoning
situation off the calendar until next
Tuesday, when Campi will hold a spe-
cial session for the express purpose
of discussing that city's schedule.
Unless something can be suggested
to modify the plan in its present form,
it will not go through. Basing clear-
ances on admissions will not be con-
ceded by distributors, who are pre-
pared to fight the Kansas City clear-
ance plan tooth and nail on this point.
Every plan so far submitted has the
same basic objection, as far as dis-
(Continucd on page 9)
Cleveland Worried
By New Dual Moves
Cleveland, Nov. 8. — A serious
threat to continuance of the anti-dual
ban and clearance schedule in effect
here for the past two years is seen in
the plans of George Harvey and Sam
Cowan to open the Alhambra as a
first run dual house Nov. 16.
The proposal calls for a scale of
25 cents at all times, including Sun-
day, with the opening bill to consist
of "A Girl of the Limberlost" and
"Wake Up and Dream."
Offer Is $14,782,722;
Hearing Set Nov. 19
Los Angeles, Nov. 8.— Trustees of
Fox West Coast today petitioned Ref-
eree S. W. McNabb to accept a bid
of National Theatres Corp. for a pri-
vate sale of the circuit. The bidder
agrees to pay 100 cents on the dollar
for all claims totaling $14,782,722.97.
In addition to this the new company
will assume the unadjudicated claim
of Paramount Publix aggregating
$11,259,704.45. The latter involves
operation of two Paramount houses in
San Francisco, two in Portland, one
in Oakland and one in Seattle where-
by Paramount gets 37 per cent of the
net profits.
Both Paramount and West Coast
have entered into an agreement where-
by the former's claim against the lat-
ter will be permitted to work itself
out from future earnings. It is the
belief of West Coast trustees that
the present total claims will be vol-
untarily reduced to $7,500,000 under
the new setup, as rents and leases of
all properties have already been pared
to two-thirds the amount paid when
(Continued on page 9)
No New Fox Theatre
Head Expected Soon
No immediate meeting of the board
of Fox Theatres to elect a successor
to Archibald R. Watson, whose resig-
nation as president was accepted in a
Federal court order signed by Judge
Martin Manton earlier in the week,
will be held, it was learned yester-
day.
It is understood that election of a
successor may await the outcome of
hearings which were begun yester-
day before Special Master Courtland
Palmer on the provability of claims
filed against Fox Theatres. Several
weeks will be required to conclude
the hearings and Palmer will make
(Continued on page 9)
39 Weeks' Loss Cut
By K-A-0 and Keith
Keith-Albee-Orpheum and its sub-
sidiaries suffered a net loss of $168,-
546.35 after all charges in the 39
weeks to Sept. 29. This compares
with a loss last year of $552,792.60,
which included a net loss of $124,836.-
16 of Orpheum Circuit and its sub-
sidiaries from Jan. 1 to Jan. 27, 1933,
(Continued on page 12)
2
MOTION PICTURE
DAILY
Friday, November 9, 1934
Insiders' Outlook
MOTION PICTURE
DAILY
(Registered U. S. Patent Office)
Vol. 36 November 9, 1934 No. Ill
Martin Quigley
Editor-in-Chief and Publisher
MAURICE KANN
Editor
JAMES A. CRON
Advertising Manager
Published daily except Sunday and holi-
days by Motion Picture Daily, Inc., sub-
sidiary of Quigley Publications, Inc.,
Martin Quigley, President; Colvin Brown,
Vice-President and Treasurer.
Publication Office: 1790 Broadway, New
York. Telephone Circle 7-3100. Cable ad-
dress "Quigpubco, New York." All con-
tents copyrighted 1934 by Motion Picture
Daily, Inc. Address all correspondence to
the New York Office. Other Quigley pub-
lications: MOTION PICTURE HERALD,
BETTER THEATRES, THE MOTION
PICTURE ALMANAC and THE CHI-
CAGOAN.
Hollywood Bureau: Postal Union Life
Building, Vine and Yucca Streets, Victor
M. Shapiro, Manager; Chicago Bureau: 407
South Dearborn Street, Edivin S. Clif-
ford, Manager; London Bureau: Remo
House, 310 Regent St., London, W. 1,
Bruce Allan, Representative. Cable address:
"Quigpubco, London"; Berlin Bureau:
Berlin - Tempelhof, Kaiserin - Augustastrasse
28, Joachim K. Rutenbcrg, Representative;
Paris Bureau: 19, Rue de la Cour-des-
Noues, Pierre Autre, Representative; Rome
Bureau: Viale Oorizia, Vittorio Malpassuti,
Representative; Sydney Bureau: 102 Sus-
sex Street, Cliff Holt, Representative; Mex-
ico City Bureau: Apartado 269, James
Lockhart, Representative; Glasgow Bureau:
86 Dundrennan Road, G. Holmes, Repre-
sentative; Budapest Bureau: 3, Kaplar-u,
Budapest, II, Endre Hevesi, Representa-
tive; Moscow Bureau: Civtzev Vrazhek,
N. 25, Apart. 146, Moscow, U. S. S. R.,
Bella Kashin, Representative. Cable ad-
dress: "Samrod, Moscow."
Entered as second class matter, January
4, 1926, at the Post Office at New York
City, N. Y., under Act of March 3, 1879.
Subscription rates per year: $6 in the
Americas, except Canada $15 and foreign
$12. Single copies: 10 cents.
Women Memberships
Are Voted by Ampa
Women will be permitted to join
the Ampa as associate members under
a decision reached yesterday by the
membership. The vote was 34 in
favor and 12 against. Possibilities
in new membership are placed at 200.
Marvin Kirsch of the employment
committee reported that of the 39
unemployed members, 26 had been
placed and that it was expected the
other 13 will be set with jobs within
the next three weeks.
Supply Dealers Meet
A discussion of the theatre supply
dealers' code featured the second an-
nual meeting of the board of Inde-
pendent Theatre Supply Dealers'
Ass'n. at the organization's headquar-
ters in the Paramount Bld'g. yester-
day. J. E. Robin presided.
Mrs. Randel in Hospital
Henry Randel's wife yesterday en-
tered the Women's Hospital for an
abdominal operation which will be
performed today. Randel is Brooklyn
and Long Island branch manager for
Paramount.
Book "A Wife a Day"
"A Wife a Day," starring Emil
Jannings and Sidney Fox, has been
booked into the Criterion for two
weeks. Tentative opening date has
been set for Nov. 22.
T N the open secret category is
*■ the increasing impatience in
Paramount's executive ranks over
delays in completing a reorgani-
zation plan. Actual develop-
ment of any rehabilitation pro-
gram is in the hands of those
heading the committees repre-
senting the company's principal
creditors, debenture holders and
stockholders with the result that
Paramount officials, themselves,
are frequently left in the dark as
to reasons for bumps in the plan
and occasionally as to the actual
progress being made toward their
solution. . . .
T
The resultant situation is re-
sponsible for desultory friction
between company executives and
reorganization factors. Out of
this many rumors arise concern-
ing the tack, threatened or im-
agined, which Paramount leaders
are said to have considered tak-
ing during recent weeks in their
restlessness over further delays.
One of these reports would have
several key figures withdrawing
from the organization and taking
with them enough units to form
the nucleus of a new com-
pany. . . .
▼
The report, along with others
of its kind, is discounted for the
simple reason that those named
as the leaders are known to be
lacking a financial alliance of the
kind required for such a move.
The fact remains, however, that
several important figures in Para-
mount are impatient over reor-
ganization delays. The latest es-
timates— and these are admittedly
optimistic, although from a
highly reliable source — name
Dec. 1 as the earliest possible
date for completing the plan.
Delays beyond that date may have
an important bearing on the
future of Paramount. . . .
\7"IEWED as no longer a candi-
* date in the new management
slate, whatever its personnel may
be, is N. L. Nathanson, head
of Famous Players Canadian.
"Nate," not so long ago, enter-
tained the idea of moving to New
York. That was before he re-
turned to the Canadian chain in
the development of which he was
such an extremely important fac-
tor. Sponsored principally by Sir
William Wiseman, a partner of
Kuhn, Loeb and Co., which holds
millions in Paramount bonds,
"Nate" is believed to be out of
the picture and Wiseman out of
a candidate for heavy operating
duties. . . .
T
Austin Keough, one of Para-
mount's "strong but silent" men,
listed as secretary of Paramount
Publix, Paramount Productions,
Paramount Pictures Distributing,
Paramount Pictures Corp. and
Paramount International, would
almost escape outside notice if it
were not for discerning news-
gatherers who want to know the
lowdown on this or that situa-
tion. The observations disclose
that more and more top-
notch responsibilities are going
Keough 's way these days and,
correspondingly, less of them in
legal assignments that once were
his as general counsel of the com-
pany. Louis Phillips, of the
company's home office legal staff,
appears to be moving gradually
into Keough's former niche. . . .
▼
"Jock" Whitney made the first
pages with that yarn on Techni-
color. He said, or his press re-
lease said, that Pioneer Pictures
will spend $7,000,000 on nine or
more color pictures in the next
couple of years. For Whitney, it
seems, has visions of the future
of color. Technicolor, mind you,
or the company in which "Jock"
owns sizeable blocks of stock.
Social note, or maybe more:
Whitney, when in Hollywood,
spends practically all of his time
in the company of Dave Selz-
nick. . . ,
▼
Wired Sam Briskin to Lewis
Milestone on "The Captain Hates
the Sea" location somewhere in
the Pacific: "Just checked cost
sheets. They are staggering."
Wired Milestone: "So is the
cast." Not in those words, but
certainly in that intent. The Col-
umbia picture ran to $600,000
before it was brought in. . . .
Roxy can have the Philadelphia
Mastbaum from Warners any
time he wants, but he has to fur-
nish the cash to operate. . . .
Cosmopolitan may not go to
Warners until the year ends,
but the Hearst papers already
are swinging publicity support to
their film affiliate's new alliance.
Number 1 is a four column
photo of George Hearst and Jack
Warner shaking hands with
Trans-Pacific Flyer Sir Kings-
ford-Smith at the Warner studio.
In the New York Evening Jour-
nal last night. ... KANN
Dickens Film to Go
On the Air Nov. IS
As a step in the nationwide move-
ment to advance the teaching of film
appreciation in educational institu-
tions, scenes from Universal's screen
version of Dickens' "Great Expecta-
tions" will be broadcast the afternoon
of Nov. 16 over WEAF and affiliated
stations, with the cast made up of
students of the Weequahic High
School, Newark. The school was the
scene of the initial experiment in the
teaching of film appreciation as part
of a regular high school curriculum.
The air dramatization of "Great
Expectations" will coincide with the
distribution of study guides on the
film to pupils in 18,000 high schools
throughout the country, according to
the M.P.P.D.A.
Kurt Neuman Injured
Hollywood, Nov. 8. — Kurt Neuman
was severely injured here when he fell
down a flight of stairs while directing
"Straight From the Heart" for Uni-
versal. The director suffered a leg
injury which will keep him in bed for
eight days, forcing the studio to sub-
stitute another director.
Frank McCarthy on Tour
Frank McCarthy, eastern sales
manager for Universal, is on a trip
to exchanges under his supervision,
including Toronto and Buffalo
branches. He'll be back next week.
G. B. Men Plan Return
London, Nov. 8. — Jeffrey Bernerd
of Gaumont British may return to
New York in a few weeks, while
Mark Ostrer figures on another visit
about Jan. 1 as part of a three-visit-
a-year schedule.
To Preview "Evensong"
Gaumont British will preview
"Evensong" at the Westminster Ci-
nema Tuesday morning. The picture
goes into the Roxy Nov. 16.
Universal Rises 2 on Big Board
Net
High Low Close Change Sales
Consolidated Film Industries 354* 3% 3% — % 300
Consolidated Film Industries, pfd 16 15% 1554 — 54 500
Eastman Kodak 10954 108 10954 + % 1,100
Fox Film "A" 13 12% 12% 1,400
Loew's, Inc 31M 30% 30% — 54 6,400
Loew's, Inc., pfd 9954 9954 9954 +54 100
Paramount Publix, cts 4% 454 456 + V% 4.000
Pathe Exchange 154 154 154 2,700
RKO 2 1% 1% — % 1.400
Universal Pictures, pfd 37 37 37 +2 1,000
Warner Bros 4% 454 454 — 54 3,100
Trans Lux Up Eighth on Curb
Net
High Low Close Change Sales
Technicolor 1354 13 13 — 54 300
Trans Lux 2% 2% 254 + Vi 300
Warner Bonds Advance Eighth
Net
High Low Close Change Sales
General Theatre Equipment 6s '40 6 6 6 — 54 6
General Theatre Equipment 6s '40, ctf 554 554 554 3
Keith B. F. 6s '46 6254 6254 6254 — 54 2
Loew's 6s '41, ww deb rights... 103% 103% 103% +54 4
Paramount Broadway 554s '51 4054 4054 4054 — 54 14
Paramount F. L. 6s '47 58 5754 5754 — 54 10
Paramount Publix 554s '50 5854 58 5854 + 54 34
Warner Bros. 6s '39. wd 59 59 59 + % 5
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Vitagraph, Inc., Distributor:
MOTION PICTURE
DAILY
friday, November 9, 1934
Fate of K. C.
Plan Rests in
Modification
(Continued from page 1)
itnbutors are concerned, and that is
lidmissions as a guide in setting re-
uease dates.
} Some members of Campi who have
protested the constant delays in trying
ito get one of the plans in operation
are now giving it up as a hopeless
right. They claim distributors are
selling first and second runs as they
want to, with provisions in all con-
itracts for protection. However, some
protestants feel that if Campi hands
down an edict on the Kansas City
schedule it will be used as a model
lifor national zoning. All schedules
.adopted by Code Authority will su-
persede prevailing contracts, it is held.
Principal objection to all schedules
is giving theatres charging the same
admission the right to identical avail-
abilities. As it was pointed out by
Edward M. Saunders, M-G-M wes-
tern division manager, at the appeal
hearing on the Kansas City plan, dis-
tributors will have to increase the
number of prints in each territory and
burden each company with extra
print costs that are unwarranted.
Saunders pointed out at the time that
' in Chicago exchanges have to call
on nearby branches for extra prints
every time B. & K. subsequent houses
date a picture. If this condition were
to prevail in every city, the extra
print cost would run into thousands
uf dollars, he asserted.
Solution Is Suggested
With the intimation that a solution
to the problem is to clear houses ac-
cording to geographic location and
distance, it is evident that the present
zoning plans will stay without change.
Up to the time of the code, exhibi-
tors were not so mindful of lighting
for lower protection and re-zoning, it
is held. In some territories, like New
York, very few changes in clearances
have been made. If any have, they
were made by conferences with
Loew's, RKO and large independent
circuits.
If harmony can prevail in the larg-
est city in the world, the same system
can predominate elsewhere, it was
stated.
From indications late last night, if
the Kansas City schedule is adopted
it will set a precedent for the indus-
try in that every territory will be
permitted to simultaneously date pic-
tures in theatres with identical eve-
ning admissions. As a national dating
policy this is regarded as a radical
departure which will never be toler-
ated. A modification, however, will
have to be made if the plan is to go
through.
At yesterday's meeting, presided
over by George Schaefer of Para-
mount, members were told not to dis-
cuss the Kansas City situation with
outsiders until next Tuesday. No
meetings by committees will be held
in the interim.
About 10 individual appeals from
various parts of the country took up
most of the morning. No bank night
cases were on tap. The Loew's Vic-
tory-Fleetwood-Forum decision was
handed down but will not be made
public until next week. Applications
for rehearing of the Port Jefferson
and Leonia clearance cases were dis-
cussed. An investigation has been
ordered before a decision will be
nanded down.
In addition to Schaefer, attending
the session were Deputy Administra-
tor William P. Farnsworth, Nathan
Yamins, Charles L. O'Reilly, R. H.
Cochra.ne, Ed Kuykendall, Edward
Golden, Harold S. Bareford, Robert
Youngman and Felix Jenkins.
The code assessment order for dis-
tributors, producers and exhibitors
came through yesterday from Wash-
ington and is now officially in effect.
No one objected to the revised plan
at the session.
Overbuying Charge
Filed Against Loew
First overbuying case against Loew's
has been filed with the New Y'ork
grievance board and is slated for hear-
ing next Tuesday. It's one of four
complaints of a similar nature.
The exhibitor filing the charges is
Sam Rhonheimer of the Electra,
Brooklyn, who complains that because
of the number of pictures corraled for
Loew's Bay Ridge he can't get prod-
uct. Rhonheimer also states in his
claim that the change of policy from
two to three changes of duals is un-
fair. The independent also contends
that Loew's has bought 405 pictures
when it needs only 312 for the Bay
Ridge. It is charged that Universal,
Fox, United Artists, Paramount, War-
ners, M-G-M, Radio and Columbia
have sold to Loew's and the Electra
is left without a single film.
Other overbuying cases on the same
calendar are the Liberty, Freehold,
against Walter Reade's Strand, same
city ; Roosevelt, Beacon, against
Springer & Cocalis' Beacon, Beacon ;
Gary Piccione of the Plaza, Freeport,
L. I., against A. H. Schwartz's Grove,
Freeport.
Warners have filed two premature
advertising complaints against Leon
Rosenblatt in New Jersey. One is the
Oritani, Hackensack, charge against
the Westwood, Westwood, and the
second is the Millburn, Millburn,
against the Maplewood, Maplewood.
Clearance Ruling on
Floral Park Held Up
After hearing summations by Louis
Nizer and Milton Klupt on Morris
Kutisker's clearance complaint against
A. H. Schwartz, the main New York
clearance board yesterday held its de-
cision in abeyance for a week to study
the evidence.
Nizer, representing Kutisker, who
operates the Community, Queens Vil-
lage, L. I., asked that the Floral Park
in Floral Park be denied clearance
over the Community. Schwartz has
protection on the Queens Village in
his Paramount contract. Nizer held
that for the past two and a half years
the Floral Park has been playing day-
and-date with the Community, but
now that Kutisker and Joseph Seider
of Prudential have ended a booking
and operating arrangement, Schwartz
wants priority over the Community.
Schwartz and Seider have a joint op-
erating agreement covering about
eight Long Island houses. Nizer de-
clared the two houses are not com-
petitive.
Klupt held that Loew's has clear-
ance on a wider area in Long Island
because of its buying power and he
felt Schwartz was entitled to buy
protection. He added the theatres in-
volved were competitive.
Ask Court to
Take National
Bid for FWC
(Continued from page 1)
original operating agreements were
made.
'1 he court consented to this new
pact and will pass on acceptance ot
the bid on Nov. 19, at which time all
creditors will have received notices
of the bid and given an opportunity
to register protests at a hearing
called for on the same day.
Referee Earl E. Moss, sitting in the
absence of McNabb, also authorized
first and final service fees of $15,000
to be paid jointly to Charles P.
Skouras and John Treanor for acting
as receivers. He also authorized the
first and final fees of $25,000 to the
legal firm of O'Melveny, Tuller &
Myers for services rendered to the
receivers. In addition to this, another
$5,000 was authorized to the law firm
of Bailie, Turner & Lake, which pre-
pared and filed bankruptcy proceed-
ings.
The integral part of the bid in-
cludes commissions payable to the
trustees and their attorneys as fol-
lows : commissions to trustees aggre-
gate sum to them jointly equivalent
to $2,554.10 weekly beginning with
the week April 9, 1933, and including
the week December 29, 1934, or with
the date the sale is made. The fees
for O'Melveny, Tuller & Myers and
Rouben G. Hunt amounts to an aggre-
gate of $2,546.10 each week for the
same period; also total commission
of $75,000 to McNabb.
All creditors will receive payment
of 100 cents on the dollar upon the
day of the sale, the bid states. The
three trustees are Skouras, William
H. Moore and Charles C. Irwin.
Skouras Party in West
Los Angeles, Nov. 8. — Charles
Skouras, Edward Zabel, his secretary ;
James Davidson, statistician for F. W.
C. ; Ralph S. Harris of Hughes,
Schurman & Dwight, attorneys for F.
W. C, and Bert S. Shipman, repre-
senting counsel for Chase National
Bank, returned today from New York
after completing plans for rehabilitat-
ing 400 theatres in the circuit. Dave
Bershon of Westland Theatres, an
affiliate of F. W. C, returned yester-
day from the east after attending an
appeal hearing on a decision against
the circuit on bank nights.
Skouras returned without signing a
five-year contract as vice-president in
charge of operations. The contract is
set, but one or two technicalities arose
which needed straightening out. Spy-
ros Skouras is a party to the joint
agreement. The latter will have head-
quarters in New York, while Charles
will work out of the local office.
Charles Skouras and his party will
leave for New York again in about
three weeks. S. R. Kent, president of
Fox, National Theatre Corp., the lat-
ter the new name for Wesco, and F.
W. C. Theatres, is expected here the
first week in December.
Defer Fox Met Meet
A meeting of the bondholders' com-
mittee of Fox Metropolitan Play-
houses scheduled for yesterday to con-
sider action on a plan of reorganiza-
9
Industry Now
On Road Back,
Says Laemmle
(Continued from page 1)
while ago. Sunlight is showing
through the clouds.
"The large producing companies
which have suffered the torments of
the damned during the past few years
are now reorganizing — and doing it
smartly and successfully.
"Through the brilliant efforts of
Adolph Zukor and George Schaefer,
the old Paramount is emerging from
its darkness. Through the brilliant
efforts of Merlin Aylesworth, the
RKO outfit is now stepping out.
Through the masterful work of Sid-
ney Kent, the Fox organization is out
of the woods.
"I am glad from the bottom of my
heart.
"These companies are direct com-
petitors of Universal, but to me they
are more than that — they are a part
and parcel of the recovery of the
whole industry.
"The more quickly they recover,
the more quickly does the confidence
of the banking world in the whole
moving picture industry recover. And
the sooner the banks renew their faith
in our business, the better it is for
every one.
"But none of us could ever hope
to recover unless the rest of the im-
portant parts of the business also
recovered.
"Today all of the important ele-
ments of the industry seem to have
got their second wind.
"We are all on the road back just
as sure as fate. We are all in better
shape than we were a year ago to
prove that we represent a safe, sound,
substantial business. We have proved
to the world that we are not a fly-by-
night business. After several years
of hell, we are sound, sane and se-
cure !"
tion was postponed because of the ill-
ness of Morton G. Bogue, counsel for
the committee. Inability to hold yes-
terday's meeting may result in an ad-
journment of the Federal court hear-
ing scheduled for next Thuursday be-
fore Judge Julian W. Mack.
Fox to Sell British
List in the Empire
The 12 pictures Fox plans to make
in England are not entirely for quota
regulations, but for distribution in the
British Empire market, Clayton Shee-
han, head of the company's foreign
activities, states. The first, "Borrow
a Million," has already been completed
at the Wembley studios. Two others
are set, tentatively called "Six Dead
Men" and "Love Test."
No New Fox Theatre
Head Expected Soon
(Continued from page 1)
his report on them to Judge Manton
thereafter. With the establishment
of validity of a sufficient number of
the claims reorganization proceedings
for the company may again be insti-
tuted.
0 Ufctfi *cv</w Ac*%€."1t&
exclaims Exhibitor Sidney Meye
3£ Fellow-exhibitors know
Mr. Meyers, operator of the
Mayfair Theatre, Miami,
and Wometco Circuit of
Florida, as one of the South 's
outstanding showmen.
PHONE YOUR FOX EXCHANGE FOR A SCREENIN
JESSE L. LASKY
Production
with
AND^fc
LORETTA YOUNG
JOHN BOLES
Directed by Irving Cummings. Screen play by Sonya
Levien and Ernest Pascal. From the novel by Rian
James. Adaptation by Rian James and Jesse Lasky,Jr.
JOIN THE PARADE OF PRAISE
MOTION PICTURE
DAILY
Friday, November 9, 1934'
12
Seals Given to 18
Features, 9 Shorts
(Continued from page 1)
and Chesterfield each register one fea-
ture. M-G-M has received code seals
on three shorts. United Artists and
Audio have had one approved short
subject each.
Titles of pictures approved are listed
as follows :
Audio
(Shorts)
"Once Upon a Time."
Chesterfield
(Features)
"The World Accuses."
Columbia
(Features)
"Stake-Out," "White Lies" and "Jeai
ousy" (formerly "Spring 3100").
(Shorts)
"The King's Jester."
Fox
(Features)
"White Parade" and "My Second Wife.'
M-G-M
(Shorts)
"You Said a Hatful," "Washee Ironee'
and "Toyland Broadcast" (Harman-Ising >
Monogram
(Features)
"Lost in the Stratosphere."
Paramount
(Features)
"Enter Madame," "Code of the West,"
"Limehouse Njghts," "Here Is My Heart"
and "It's a Gift."
Radio
(Features)
"Lightning Strikes Twice."
United Artists
(Shorts)
"The Goddess of Spring" (Disney).
Universal
(Features)
"When a Man Sees Red" and "Tres
Amores" (Spanish).
(Shorts)
"Sky Larks" and "Rival Romeos."
(Serials)
"Tailspin Tommy" No. 10— "Death at the
Controls."
Warners
(Features)
"Babbitt," "Flirtation Walk" and "I Am
a Thief."
(Shorts)
"Vacation Daze."
39 Weeks' Loss Cut
By K-A-0 and Keith
(Continued from page 1)
when Orpheum was adjudicated bank-
rupt.
Net loss of $173,603.75 after all
charges for the 39 weeks ended Sept.
29 is reported for B. F. Keith Corp.
and subsidiary companies. In the
same period of 1933 a loss of $354,-
038.53 was sustained.
9 33 Maryland Gross
Totaled $6,336,000
(Continued from page 1)
were $4,939,000 and payrolls of $994,-
000, and three other houses with re-
ceipts of $159,000 and payrolls of
$97,000.
The four race tracks in the state
reported receipts of $2,127,000.
Rosso Visiting Studios
Hollywood, Nov. 8. — Ambassador
Rosso of Italy has arrived here to visit
the studios to obtain information for
Premier Mussolini on the workings of
the industry. He said:
"Premier Mussolini is anxious to
build up the motion picture industry
in Italy."
Seven Are Held as
"Bombing" Suspects
After trailing several men for
weeks, detectives yesterday rounded
up seven on charges of violating the
penal code by having in their pos-
session valeric acid, a stench bomb
fluid.
It was said by the detectives that
ome of the prisoners confessed and
admitted they were "contractors" who
arranged for the bombing of theatres
md other places. In the lineup, how-
ever, all denied the charges.
The alleged "contractors" were
booked as John Borofsky, operator, of
Elmhurst, L. I., and Charles Selzer,
of Brooklyn. The other prisoners
were booked as : Charles Chrust, Long
Island City; Thomas Strong, Long
Island City; Morris Toback, Brook-
lyn; August Lacaze, Long Island City,
and John Reilly, New York.
Urges Non-Pro fit Films
Atlantic City, Nov. 8.— The 34th
annual convention of the New Jersey
Congress of Parents and Teachers at
the Hotel Ambassador here was urged
today by Mrs. Robbins Gilman, mo-
tion picture chairman of the National
Congress of Parents and Teachers, to
fight for the production of educational
and recreational films made wjth no
eye to profit.
Claim New Rialto Mark
"The First World War" estab-
lished a new opening day record for
the year at the Rialto yesterday, ac-
cording to a statement issued by the
theatre management late yesterday
afternoon. The first week's gross is
expected to approximate $25,000 on
the basis of yesterday's receipts, ac-
cording to the management.
Brandt, Weinzimmer III
Harry Brandt, president of the I. T.
O. A., and Louis Weinzimmer of
Progressive Poster Exchange, are
down with the grip. Thornton Kelly,
New Jersey exhibitor, was in bed with
a bad cold for four days and was
back on the job yesterday.
Eastman Kodak Dividend
Eastman Kodak Co. has declared a
regular quarterly dividend of $1 per
share on its common stock and $1.50
on its preferred, both payable Jan. 2
to stockholders of record Dec. 5.
Cramblet to U. A.
Minneapolis, Nov. 8. — Ralph
Cramblet has been appointed branch
manager of the local United Artists
exchange. He succeeds Max Stahl,
who resigned.
Macfadden Ups Carlisle
William S. Carlisle has been
switched to eastern advertising man-
ager of its women's group of maga-
zines by the Bernarr Macfadden Pub-
lishing Co.
Dave Gould Sails Dec. 1
Dave Gould, head of M-G-M's
branch in Puerto Rico, sails on the
San Juan on Dec. 1 for home. He
is here for his health.
Meet on Charity Drive
Industry leaders active in the Fed-
eration of Jewish Charities yesterday
met at the M. P. Club.
Short Subjects
"An Old Spanish Onion"
(Radio)
The story takes place in Spanish
California in 1842 and has Ruth Et-
ting visiting friends who own a ha-
cienda. To aid her girl friend in
marrying her fiance, Miss Etting sings
while her friend goes through the mo-
"G" for General
"A" for Adults
Motion Picture Daily's
film classification system
launched yesterday on fea-
tures today is extended to
all shorts as well.
The "G" symbol indicates
general entertainment.
The "A" symbol indicates
adult entertainment.
tion. She does two numbers and
these are the only redeemable fea-
tures of the picture. Etting fans
might enjoy this, but it is below her
usual Etting standard. Code seal, No.
285. Running time, 20 mins. Classifi-
cation : "G."
"A Toyland Broadcast*
{M-G-M)
An exceptionally fine cartoon done
in Technicolor that should have par-
ticular appeal to children. The toys in
a nursery come to life and broadcast
a musical program of varieties. Paul
Whiteman, Kate Smith, Bing Crosby
and Rubinoff are some of the radio
stars impersonated by the characters.
No code seal. Running time, 7 mins.
Classification : "G."
"At the Mike"
{Universal)
Ford Bond, radio announcer, in-
troduces Bennie Ross, Tess Gardella
(Aunt Jemima), Maxine Stone, Kath-
leen Howard and Baby Rose Marie
in this Mentone short. They combine
to serve up a miniature variety pro-
gram that is fast moving and enter-
taining. Code seal, No. 0146. Run
ning time, 20 mins. Classification: "G."
Flash Reviews
Sequoia — ... an unusual wild ani-
mal picture . . . seems destined to be
outstanding and one of the most talked
about ... a worthy attraction for any
theatre.
It's a Gift — Being clean and highly
enjoyable, it will appeal to all crying
for laughs.
The Silver Streak — . . . provokes
exploitation angles for exhibitors.
However, its story values lower its en-
tertainment values.
Flirting With Danger — Handi-
capped by a slow start and dialogue in
keeping, this picture winds up as thor-
oughly acceptable comedy. . . .
Jealousy — Up to the closing se-
quence . . . the story moves swiftly
and has plenty of action and suspense.
Against the Law — The story has its
moments. . . . Lambert Hillyer has
done a good directorial job with story
material that is a bit creaky. . . .
These films will be reviewed i" full in a
later issue of Motion Picture Daily.
Ray Branch Renamed*
By Michigan Allied
Flint, Mich., Nov. 8. — Ray Branch,)
Hastings, was re-elected president in,-
day of Allied of Michigan at its coi -
vention at the Durant Hotel her -j
Other i/fficers named were: l-'raiikj
Wetsman, Detroit, vice-president ;
William Schuttenhelm, Detroit, trea^
urer ; Barney Kilbride, Detroit, sec -
retary.
Directors elected include Samudj
Brown, M. J. Chargot, Fred Delodder,
E. E. Kirchner, William London.
James Ritter, F. H. Schneider, AlecB
Schreiber, J. E. Stocker, Lew Wisper.B
all of Detroit; A. Eiseman and JamesB
Minter, Flint; G. A. Cross, BattleB
Creek ; W. A. Cassiday, Midland ;■
Allen Johnson, W. E. Goodrich, Royl
Taylor, all of Grand Rapids ; J. CI
Peck, Fenton; P. C. Schram, KalaJ
mazoo.
The convention went on record!
against the A.S.C.A.P. music taxes. 1
Liberty Closes New Dealm
Negotiations for the distribution of«
Liberty's lineup of 12 productions infl
the Atlanta, Charlotte and New Or-M
leans territories have been closed withl
First Division. The deal includes afl
franchise arrangement with Big Fea-I
ture Rights to distribute the LibertyB
product for First Division in Ken-I
tucky and Tennessee.
Coming on Guild Move J
Hollywood, Nov. 8. — Kenneth
Thomson and Lawrence Beilenson,
attorney for the Screen Actors' Guild,
were on their way to New York by
plane tonight for conferences with
Equity to clarify details of the pro-
posed affiliation between the two
groups.
"Tragedy" Suit Settled
Syracuse, N. Y., Nov. 8.— The libel
suit brought against Paramount Pub-
lix by Minerva Brown, mother of
Grace Brown, whose tragic romance
with Chester Gillette formed the basis
of "An American Tragedy," was set-j
tied today.
Fleck Now Sound Head ,
Hollywood, Nov. 8. — Fred Fleck."
who has spent the last five years at
Radio as an assistant director, budget
expert and assistant to C. D. White. i
studio manager, has been appointed
head of the sound recording depart- '
ment at the company's studio.
"Big U" Wins in Drive
Leo Abrams and the "Big U" sales
force in New York are the winners in
the J. R. Grainger three months'
sales drive, which ended last month.
Boston placed second and Detroit
rated third in the drive which had all
the earmarks of stiff competition.
Blumstein to 1st Div.
Abe Blumstein, formerly in charge'
of short subjects in the Chicago Col-(
umbia exchange, yesterday joined'
First Division as assistant to Morris
Epstein, local branch manager. Blum-*
stein starts Monday.
"Shivers" for Langdon
Hollywood, Nov. 8. — "Shivers!" is
the title of the Harry Langdon com-
edy which is set for production to-
morrow at Columbia.
13 S A LUCKY NUMBERS
fhen you're the thirteenth . . . and the other twelve are an even dozen of
jtiful co-eds, blonde . . . brunette . . . and redhead, just begging for attention!
anny Ross is the boy who has learned that when you're stumped for words,
song will turn the trick... and he's putting theory into practice in this musical
anversation with a row of gorgeous gals who are too thrilled to answer back!
hey're the babies who cheer . . . and get cheered with Lanny in Paramount's
COLLEGE RHYTHM'
OE PENNER • LANNY ROSS • JACK OAKIE • HELEN MACK
YDA ROBERT! • MARY BRIAN-GEORGE BARBIER mitou******
Paramount Picture directed by Norman Taurog with plenty of words and lots of music by Gordon & Revel
DOUGH BOYS/
It's there! .... profit, and plenty of it. . . . fo
showme n • • • • in Educational's Short Feature
• • . . the one line you can always count on fo
that ideal short subject combination .... bit
-
star names, big production value and rea
entertainment that sends them out smilin
and happy. • . . and that means dough, boys
And always more great stars
SYLVIA FROOS and FRANK LUTHER
two of radio's most famous singers
See them in the single-reel Song Hit Story
"The House Where I Was Born"
and in the two-reel Musical Comedy
"THE GIRL FROM PARADISE"
with N.T. G. and the Paradise Revue
Produced by Al Christie
Distributed in U.S.A. ™
THE SPICE OF THE PROGRAM"
by FOX Film Corporation
The Leading
MOTION PICTURE
DAILY
Alert,
Intelligent
the In
in All
Branches
OL. 36. NO. 112
NEW YORK, SATURDAY, NOVEMBER 10, 1934
TEN CENTS
Australians'
Quota Moves
Irk Britain
?ear They Will Give An
Advantage to U. S.
By BRUCE ALLAN
London, Nov. 9 (By Mail).— Pro-
osals for a quota law in Australia
re causing some disquiet here, be-
ause they provide for the right on the
•art of the Australian exhibitor to can-
el contracts for imported films, to
How substitution of Australian pro-
luctions. Australian made films rank
is British in England, under the Films
Vet, but British films in Australia
vould, under present plans, be on the
ame "non-Australian" footing as
\merican imports, and owing to the
trength of American distributing com-
>anies in Australia, it is thought Brit-
sh films would suffer more than
American from the cancellation clause.
* * *
The Paramount Theatre, Liverpool,
. 2,760-seater, was given a spectacu-
ar opening. Paramount executives,
leaded by J. C. Graham and Earl St.
■ ohn, led a large party of trade and
iress visitors from London, and the
(Continued on page 2)
Say Czechoslovak
Quota Is Abolished
By J. K. RUTENBERG
Berlin, Nov. 9. — Minister of Com-
nerce Dostalek yesterday signed a de-
:ree abolishing the Czecho-Slovakian
nlm quota system, according to ad-
rices received here today from Prague.
Under the new regulations there is
;stablished an import license of 20,000
(Continued on page 2)
Oct. Quigley Award
To Robert H. Suits
Manager Robert H. Suits of the
Colonial, Reading, Pa., a Loew house,
has been named winner of the Quigley
\ward for October. His campaign on
(Continued on page 3)
Just a Night Off
Philadelphia, Nov. 9.— First
social gathering of the Inde-
pendent Exhibitors' Ass'n.
will be held this Sunday
evening with a private film
showing at the Fox. Later
on the schedule is a dinner-
dance to be held at the
Bellevue-Stratford Nov. 25.
St. Louisians
Favor Letters
For Film Ads
Wehrenberg and Others
Long Users of Plan
St. Louis, Nov. 9. — Generally
favorable reactions have developed
here to the Warner Philadelphia plan
of marking films for adult and family
audiences. Fred Wehrenberg, presi-
dent of the M.P.T.O. of Eastern
Missouri and Southern Illinois, was
outspoken in his praise of the plan.
He has spoken in favor of the idea
before many organizations for a num-
ber of years past, and his theatres, the
Cinderella, Melba, Michigan and Vir-
ginia in South St. Louis, have often
carried the line : "We do not recom-
mend this picture for children."
Many others, including St. Louis
Amusement Co. houses, have also used
the line in their newspaper ads.
The local Better Films Council was
one of the first in the country and has
cooperated for a long time on family
night shows Fridays in practically all
the neighborhood houses here and
throughout St. Louis County. The
family night shows are said to have
been profitable.
Pettijohn Sees Tax
Outlook as Hopeful
Kansas City, Nov. 9. — Asked
about the probable effects of the elec-
tion on the tax situation in the near
future, C. C. Pettijohn, M. P. P. D. A.
counsel, passing through here on his
way east from the coast, said today
that "in view of the election of a
Democratic House and Senate every-
thing looks encouraging." He ex-
pressed elation over the outcome of
the California balloting.
Pettijohn declared "this is the time
for the industry to sit tight and make
good pictures and say nothing."
1st Division-BIP
Deal in the Offing
London, Nov. 9. — The possibility of
a reciprocal deal between First Divi-
sion and British International is re-
ported here following conferences held
recently by William M. L. Fiske, III,
who recently acquired an interest in
First Division, and Arthur Dent of
B. I. P.
The conferences, it is said, have re-
volved about arrangements for B. I. P.
distribution of First Division's product
(Continued on page 3)
Says Zukor to Stay
A 1 b u q u e r que, Nov. 9. —
Adolph Zukor will continue
as president of Paramount
and his own contract still has
some time to run, declared
Emanuel Cohen, in charge of
Paramount production, when
they passed through here to-
night on their return to the
coast.
Zukor and Cohen have been
east for two weeks discuss-
ing reorganization problems.
With them was Henry Herz-
brun, studio lawyer.
No radical changes in the
production are expected as a
result of the reorganization,
Cohen said.
"We Live" $100,000
Hit at Music Hall
The Music Hall did the best busi-
ness on Broadway last week, garner-
ing $100,000 with "We Live Again,"
which has been held for a second
week. The Roxy with "Kansas City
Princess" took in $32,500 and the
the Rialto take for the week was
$9,500 on "Six-Day Bike Rider."
"Outcast Lady" combined with
Amos 'n' Andy took only $28,500 at
the Capitol. "The Merry Widow" is
slated to go in next Friday and this
will be followed by "The Painted
Veil." The Paramount with "Mrs.
(Continued on page 2)
Clyde to Do Three
Under Rainbow Deal
Andy Clyde will appear in three
features for distribution via Regal.
Rainbow Pictures, headed by Jed
Buell and Joseph Klein, will produce,
the titles being "His College Sweet-
heart," "They Go Wild" and "Half
Day Off."
Hollywood, Nov. 9. — Second of a
series of four with Lightning, the dog,
was placed in production today. Regal
will distribute.
"Gambling" to Reade
On One-Picture Pact
Walter Reade and Fox have closed
a deal whereby "Gambling" goes into
the Mayfair under a new individual
picture contract arrangement. Reade
recently canceled a Fox pact which
(Continued on page 3)
Theatre Unions Ask
Hour Cut, Wage Tip
New labor contracts for theatre ser-
vice employes which Local 95 will
attempt to negotiate with circuit and
independent exhibitor representatives
(Continued on page 3)
Theatres Not
Hit by Drive,
States Cohen
Sees Good Results from
Clean Film Campaign
Albuquerque, Nov. 9. — No ad-
verse reaction on theatre grosses has
been noticeable under the Production
Code, because pictures have been bet-
ter and permanent good results are to
be expected from Production Code
Administration, declared Emanuel
Cohen, Paramount production head,
here tonight during a stop of the west-
bound Santa Fe Chief.
The morality code will bring about
good results, he said, in that it is
elevating standards and making pro-
ducers good taste conscious. Some-
thing like that had to be done, he con-
tinued, to halt licentiousness for some
producers were mistaking freedom for
unbridled license.
The demand for moral stories,
Cohen also said, has brought about a
swing toward the fireside type, and
although, perhaps, this has gone to the
extreme, it will taper off.
Cohen also announced that Mae
West's next picture would go into
production in about two weeks and he
commented on the fact that although
reformers had focused their fire on
her they would nevertheless hold her
up as "a horrible example" if she were
cast in a "Mother Goose" story.
Authorize Columbia
Fox Theatres Claim
Columbia Pictures was granted leave
to file a supplemental claim of $2,500
against Fox Theatres Corp. in an or-
der signed by Federal Judge Martin
Manton yesterday.
Columbia's original claim of $500
(Continued on page 2)
Distributor-Carrier
Problems Discussed
Representatives of distributors and
film carriers held the third of a series
of quarterly meetings recently in an
(Continued on page 3)
Harmony Both Ways
Hollywood, Nov. 9. — Dis-
satisfied with "A Night at
the Opera" as a title for
their first M-G-M picture,
the Marx Brothers are unde-
cided between "Pipes of
Pan" and "The Baritones of
Wimpole Street."
MOTION PICTURE
DAILY
Saturday, November 10, ft
MOTION PICTURJE
DAILY
(Registered U. S. Patent Office)
Vol. 36
November 10, 1934
No. 112
Martin Quigley
Editor-in-Chief and Publisher
MAURICE KANN
Editor
JAMES A. CRON
Advertising Manager
iff?
Published daily except Sunday and holi-
days by Motion Picture Daily, Inc., sub-
sidiary of Quigley Publications, Inc.,
Martin Quigley, President; Colvin Brown,
Vice-President and Treasurer.
Publication Office: 1790 Broadway, New
York. Telephone Circle 7-3100. Cable ad-
dress "Ouigpubco, New York." All con-
tents copyrighted 1934 by Motion Picture
Daily Inc. Address all correspondence to
the New York Office. Other Quigley pub-
lications: MOTION PICTURE HERALD,
BETTER THEATRES, THE MOTION
PICTURE ALMANAC and THE CHI-
CAGOAN. ^
Hollywood Bureau: Postal Union Lite
Building, Vine and Yucca Streets, Victor
M. Shapiro, Manager; Chicago Bureau: 407
South Dearborn Street, Edwin S. Clif-
ford, Manager; London Bureau; Remo
House, 310 Regent St., London, W. X,
Bruce Allan, Representative. Cable address:
"Quigpubco, London"; Berlin Bureau:
Berlin - Tempelhof , Kaiserin - Augustastrasse
28, Joachim K. Rutenberg, Representative;
Paris Bureau: 19, Rue de la Cour-des-
Noues, Pierre Autre, Representative; Rome
Bureau: Viale Gorizia, Vittorio Malpassuti,
Representative; Sydney Bureau: 102 Sus-
sex Street, Cliff Holt, Representative; Mex-
ico City Bureau: Apartado 269, James
Lockhart, Representative; Glasgow Bureau:
86 Dundrennan Road, G. Holmes, Repre-
sentative; Budapest Bureau: 3, Kaplar-u,
Budapest, II, Endre Hevesi, Representa-
tive; Moscow Bureau: Civtzev Vrazhek,
N. 25, Apart. 146, Moscow, U. S. S. R.,
Bella Kashin, Representative. Cable ad-
dress: "Samrod, Moscow."
Entered as second class matter, January
4, 1926, at the Post Office at New York
City, N. Y., under Act of March 3, 1879.
Subscription rates per year: $6 in the
Americas, except Canada $15 and foreign
$12. Single copies: 10 cents.
Pathe Is 24 Years Old
Pathe News will celebrate its 24th
anniversary starting tomorrow. The
reel was founded by Charles Pathe in
1910. More than 800 miles of nega-
tive have been edited in that period.
"In all history," says Courtland
Smith, editor, "there is nothing like
the motion picture record of the past
24 years' world-shaking events, now
safely stored in Pathe vaults."
Urges Kid Theatres
Atlantic City, Nov. 9. — At the an-
nual convention of the New Jersey
Congress of Parents and Teachers
now being held here, Mrs. Robbins
Gilman, representative of the Na-
tional Congress of Parents and Teach-
ers, advocated the showing of pictures
for the education and amusement of
children in special halls to eliminate
their attendance at regular theatres.
Australians'
Quota Moves
Irk Britain
(Continued from page 1)
official ceremony was performed by the
Lord Mayor of Liverpool.
Francis A. Mangan, director of
Paramount stage presentation, put on
an outstanding spectacle, "Mirrors of
Delight," in which 40 of the Para-
mount-Tiller girls appeared, as part of
an inaugural program in which Teddy
Joyce's Dance Band was another fea-
ture supporting the screen attraction,
"Cleopatra."
In a cleverly designed epilogue, for
which the setting was a reproduction
of the entrance of the newly designed
Mersey Tunnel, a personal appear-
ance was made by Ida Lupino.
Thomas C. Reddin is the general
manager of the new theatre and Leslie
C. Holderness the house manager.
* * *
Countering joint arrangements be-
tween Gaumont British and British
Movietone News by which these con-
cerns ha,ve obtained exclusive rights to
various news events, Universal and
Pathe have combined to buy exclusive
film rights in the Football Cup final.
* * *
A. W. Henchy, managing director
of London Screen Plays, Ltd., has
plans for the production of five fea-
tures for United Artists release
throughout the world, at the Worton
Hall studio, which is being wired by
W. E. Three of the films will feature
Stanley Lupino. An American director
will be used.
* * *
Theatre Equipment, Ltd., has
changed its name to Pathe-Equip-
ment, Ltd. W. J. Gell, managing direc-
tor of Pathe Pictures, Ltd., has joined
the board. Sole British selling rights
in the Ross projector are an asset of
the company, the managing director of
which is F. Bowden and the sales
manager P. G. Hammond, for 25 years
in charge of Gaumont equipment de-
partment.
* * *
The Prince of Wales will attend the
premiere of "The Iron Duke," George
Arliss' first for Gaumont British,
the Tivoli on Nov. 30.
at
Say Czechoslovak
Quota Is Abolished
(Continued from page 1)
crowns (about §840) per picture.
American distributors will take one
Czecho-Slovakian picture for each
seven American films licensed in that
country, it is understood. Financial
aid from the state for Czecho-Slo-
vakian production is also provided for.
No word of the reported signing of
the decree abolishing the Czecho-Slo-
vakian film quota system had been re-
ceived by the M.P.P.D.A. foreign de-
partment up to late yesterday. The
last report received at that office, it
was stated, was that representatives
of American distributors were still
negotiating with the Czecho-Slovakian
officials.
Authorize Columbia
Fox Theatres Claim
(Continued from page 1)
was among those of creditors who pe-
titioned for reorganization of the com-
pany last August. The petition was
withdrawn several weeks ago pending
the examination of claims before a
special master.
Judge Manton also issued an opin-
ion granting the law firm of Watson &
Willguss, former attorneys for the
Fox Theatres receivers, a final fee of
$10,000 for services.
"We Live" $100,000
Hit at Music Hall
(Continued from page 1)
Wiggs of the Cabbage Patch" was
weak on the second week with $20,000.
"Now and Forever" garnered $12,000
at the Palace and the Mayfair is head-
ed for $9,700 on the week, which ends
Monday night, on "365 Nights in
Hollywood."
First week of "St. Louis Kid" at the
Strand tallied $31,296.
Radio, Publix in Deal
Cresson Smith, RKO western sales
manager, and R. C. Price, Charlotte
branch manager, have closed a deal
with the Publix-Bamford circuit in
South Carolina for the 1934-35 Radio
lineup.
"Widow" Ends Tomorrow
The Astor, now housing "The
Merry Widow" on a two-a-day policy,
goes dark tomorrow night. "David
Copperfield" will reopen the house the
latter part of December or early
January.
Weiss Returning East
Hollywood, Nov. 9. — Louis Weiss
of Exploitation Pictures, Inc., leaves
here tomorrow for New York. He
has been here for the past six weeks
attending production conferences.
Another Eastman High on Big Board
Net
High Low Close Change
Columbia Pictures vtc 3754 37 3754 — }4
Consolidated Film Ind. pfd 15'A 1554 1SH + 54
Eastman Kodak 11056 1095^ 110J4 +1
Fox Film "A" 13*4 1254 1354 + V%
Loew's Inc 3VA 30% 3VA +1
Loew's Inc. pfd 9854 9854 9854 —154
Paramount Publix; 4A 4% 456 — 54
Pathe Exchange 156 154 1?6 + }6
Pathe Exchange "A" 1356 13 1354 + Vs
RKO 2 VA 2 + J6
Universal Pictures pfd 37 37 37
Warner Bros 4% 456 454 +54
Technicolor Gains Quarter on Curb
Net
High Low Close Change
Technicolor 1356 1356 1354 + 54
Trans Lux 256 256 256
Pathe Bonds Up One-Half
Net
High Low Close Change
General Theatre Equip. 6s '40 654 6 654 +54
General Theatre Equip. 6s '40 ctf 654 554 654 + 56
Keith. B. F., 6s '46 6354 63 6354
Loew's 6s '41 ww deb. rights 10356 10356 10356 — 54
Paramount F. L. 6s '47 5754 57 57 — 54
Paramount Publix 554s, '50 58 5754 58 — 54
Pathe 7s '37 ww 99 99 99 +54
Warner Bros. 6s '39 wd 5954 5854 5954 + 54
Sales
500
700
2,000
5,100
5,000
100
3.400
2,700
300
1,800
1,000
2,200
Sales
600
200
Sales
20
9
19
< Purely |
Personal t\
ARNOLD ALBERT has been pr.j
moted to exploitation editor a ]
sisting Gilbert Golden, in. charge i
Warner press books. He succeeds Li ;
Blumbekg, who has been made a
sistant promotion manager for tl]
company under Sidney C. Davidso. ;
Moe Streimer will be tendered 3|
Indian Festival by the Monday Nigh
ers next Tuesday evening. Place, 2v|
P. Club. Streimer, who is volunteti
fire chief of the Deer Park No. \
house, will attend in uniform.
Leslie Howard, work in Londc'
Films' "The Scarlet Pimpernel" con
pleted, is on his way to Americl
aboard the Berengaria. MeriI
Oberon, who appears in the film wit
him, is expected here shortly afte
Johnny Burke and Harold Spin.
composers, have delayed their trip (
the coast to write music and lyric
for a musical comedy by Jami
Montgomery.
Whitney Bourne, who recent!
completed work in the Hecht-MacAi
thur production, "Once in a Bli
Moon," is convalescing at Doctoi
Hospital from a general breakdowi
Albert Warner, back from H(
Springs, scoffs at the story of his nai
row escape from an auto crash in
snowstorm. However, it was close.
Leo Gottlieb, of counsel for Part
mount Publix trustees, is due bac
Monday from a business trip to tl
Paramount studio.
Arthur Loew, head of the M-G--
foreign department, returns froi
abroad on Dec. 24, cutting his tri
short a week.
Edward O'Connor, head of th
Dutch East Indies office of M-G-ft
is in Boston, his home town. It's hi
first visit in six years.
Fred Kohlmar of the Goldwy
office flew to the coast to visit th
bedside of his sick mother, Mrs. Le,
Kohlmar.
W. Ray Johnston, president c
Monogram, is expected back from th
coast sometime late next week.
C. E. Munroe of the Fox Aus>
tralian sales force, leaves for Englan
in a few days.
Ed Kuykendall is going to Ne\"
Haven today for the football gams
He'll be back tomorrow night.
Jean Gacon de Cavaignac, Pari
sian producer, sails for home toda.
on the He de France.
Si Seadler and Oscar Doob wil
not return from their short visit p
the M-G-M studio until Monday.
Irving Wormser's son, Richari
will light his first birthday candl
Nov. 22.
Mervyn and Mrs. LeRoy, who hav
been here for a brief visit, expect t<
return to the coast next Wednesda\
Sylvia Froos, radio singer, has hai
her option taken up by Educationa
and will appear in several more shorts
Dave Palfrey man returns fron
his Michigan trip today.
C. C. Pettijohn arrives from thi
coast tomorrow.
Carl E. Milliken left for the coas
yesterday to be gone about a month
Norman Taurog, Paramount direc
tor, arrives from the coast today.
►atjrday, November 10, 1934
MOTION PICTURE
DAILY
Theatre Unions Ask
Hour Cut, Wage Tip
(Continued from paqe 1)
i the near future will ask for a 40
jour week and increases in ushers
pages from 25 cents per hour to 40
(ents per hour and in those of door
hen and porters from 35 cents to 55
ents- per hour, it was stated yester
lav by James Wilson, financial secre
pry of the local.
An organizing movement has been
ailed for Nov. 13 at which members
if the local may be asked to vote
uthorization of a strike call in the
Tent negotiations are unsuccessful, it
v'as stated. The local is now affiliated
,'ith the Greater N. Y. Council of
Jldg. Service Employes' Unions
,-hich includes all classifications of
ervice help, superintendents and jani-
ors, cleaners and elevator operators.
\. meeting of the council is scheduled
or tonight at which arrangements will
e discussed for joint action on closed
hop demands and cooperation in event
f strikes, it was learned. Under the
rrangement, it is said, a strike of the-
tre service employes would result in
walkout of all affiliated building ser-
ice employes where a theatre is a
art of an office building.
The Paramount Bldg. and Hippo-
rome Theatre are reported to be
egotiating with the union now.
'Gambling" to Reade
On One-Picture Pact
(Continued from page 1)
ad 30 pictures to be played when the
istributor sold "The White Parade"
3 the Paramount without giving
ieade a chance to book it under pro-
isions of his contract.
"Gambling" also was offered to the
ioxy and Rialto. The three houses
ill have a chance to play all Fox
lms not slated for the Music Hall.
Hell in the High Heaven" may go
lto the Roxy. Negotiations are under
■ay for a deal. "Gambling" goes into
le Mayfair the latter part of the
lonth.
st Division-BIP
Deal in the Offing
(Continued from page 1)
i Great Britain and the latter com-
any's distribution of B. I. P. product
i America. Fiske is here from New
ork on a combined business and
;creation trip.
"Love" Stays 3rd Week
Philadelphia, Nov. 9. — "One
ight of Love" will continue its sen-
itional stay at the Karlton, a second
m theatre, for a third week. It
larks the first time a picture has gone
iree weeks at this theatre in years.
The first week trebled the usual
ross while the second fell only
ightly under the first figure.
Limit Appeal Hearings
Code appeal meetings next week will
: limited to Wednesday and Thurs-
ay. On Tuesday Campi will meet to
iscuss the Kansas City clearance and
ming situation and in addition may
ispose of a number of recommenda-
ons by appeal committees which
ere not taken up on Thursday.
"Anne" Goes to Roxy
"Anne of Green Gables" has been
pld to the Roxy and runs there
•hristmas and New Year's weeks.
MOTION PICTURE DAILY*
HOLLYWOOD PREVIEW
St
Sequoia
{M-G-M)
Hollywood, Nov. 9. — This is an unusual wild animal picture filmed
against the beautiful Sierra Mountains with Malibu, a deer, and Gato,
a puma, natural enemies, starred. The picture seems destined to be
outstanding- and one of the most talked about. It is a worthy attraction
for any theatre.
Essentially, the production maintains the theory that only hereditary
instinct causes animal enmity. As exemplified by the pair, adopted in
orphaned babyhood by Jean Parker, the theory is proved.
For entertainment it skillfully blends natural drama, comedy, romance,
thrills, action, menace and conflict. When, upon maturity, the creatures
are released in the forest, they continually befriend each other.
Marked by understandable sympathy-generating humanness, it builds
situations so that full value is derived from every element. In the finale,
What the Symbols Mean
Reviews classified with a "G" are regarded as suitable for
general entertainment.
Those with an "A" are regarded as suitable for adult enter-
tainment.
when death from humans menaces Malibu, the stalking Gato fights the
mutual foe to exhaustion and Malibu administers the coup de grace
For an epilogue both gambol in friendly companionship.
Everyone connected with the picture is entitled to plaudits. Chester
Franklin's direction, aided by Vance Hoyt, the author, is a triumph of
patience and understanding. The screen play by Ann Cunningham, Sam
Armstrong and Cary Wilson actually makes the animals human. Ches-
ter Lyons' photography is also a feature the patrons will talk about. It
may be difficult to get folks to see this, but once interest is created
praise is sure to come and it will be a great asset. Previewed without
a production code seal. Running time, 70 minutes. Classification: "G."
'Flirting with Danger"
{Monogram)
Hollywood, Nov. 9. — Handicapped by a slow start and dialogue in
keeping, this picture winds up as thoroughly acceptable comedy. Edgar
Kennedy and two pals, Robert Armstrong and William Cagney, chemi-
cal engineers for a big plant manufacturing explosives, manage to keep
everyone in the cast on the point of being blown up with their experi-
ments.
The three are finally sent to their company's Mexican factory as pun-
ishment for negligence. Here the boys get mixed up with fake revolu-
tionaries, cafe dancers and more highly explosive formulas.
Marion Burns, the company's liaison officer, finally saves the three
from an arson charge pinned on them by crooks. Romance is provided by
Cagney and Burns.
The entire cast appears to advantage. Director Vin Moore, with little
inspiration in the earlier sequences, commits himself expertly in the
final reels which feature a swell comedy scene in which the three drunken
heroes build suspense playing around with explosives in the chemica'
factory, which later blows up. The photography by Archie Stout is
good. Previewed without production code seal. Running time, 65 min-
utes. Classification : "G."
"If s a Gift"
(Paramount)
Hollywood, Nov. 9. — W. C. Fields wraps this up, juggles it deftly
and delivers his laughter package beribboned with buffoonery.
Fields, in a broad comedy cartooning the "homo sappo" with his gifts
of puzzled clowning, rates high up among the screen zanies.
With no story to guide him, Fields gyrates through a series of comic
supplement situations of Americana, embellished with gags riotous with
laughter.
Henpecked, sick of running a grocery store, with a dead uncle's legacy
he buys an orange ranch in California from a booklet. Arriving- by jit-
ney with his family they find only a dilapidated shack. A promoter need-
ing land for a race track purchases it and Fields sells at a terrific profit.
Gags while shaving, gags in the grocery store with Tammany Young
and Baby LeRoy, gags at 4 A. M., trying to sleep, gags on the road
(Continued on page 4)
Neo Classic Trend
Hits Sets — Wilson
"Eighteenth Century English and
Neo Classic styles are now in vogue,"
according to Albert C. Wilson, in
charge of properties and interior dec-
orating at the Warner studios in Bur-
bank.
"Instead of using extremely large
sets the trend now is to employ small-
er sets with more refinement and in-
timacy," he said.
Because of style changes, Wilson is
here to buy new furniture and oddities
for new productions. He said a re-
cent inventory of the stock in the com-
pany's property department shows that
Warners have about $500,000 invested.
On his way in from the coast, Wil-
son stopped off at Grand Rapids and
Chicago to look over the furniture
market. He plans to stay another
week in New York looking around
before he makes any buys. He has
been with Warners 15 years, Wilson
stated yesterday.
Oct, Quigley Award
To Robert H. Suits
(Continued from page 1)
"What Every Woman Knows" did the
trick. Suits barely nosed out Sig Sol-
omon of the Regent, Newark, for first
honors, the latter receiving first men-
tion for his "Richest Girl in the
World" campaign.
Honorable mention went to the fol-
lowing :
Harry Botwick, State, Portland, Me.; W.
Lee Byers, Ritz, Clarksburg, W. Va. ;
Charles Curran, Strand, New York City;
Maurice Davis, State, St. Louis; Francis
Deering, State, Memphis; Roy P. Drach-
man, Fox, Tucson, Ariz.; Ken Finlay,
Royal, Guelph, Canada; John Goodno, Pal-
ace, Huntington, W. Va.; Ken A. Grimes,
Warner, Morgantown, W. Va.; Leo Hen-
derson, Idaho, Twin Falls, Idaho; Sidney
Jacobs, Sheridan Square, Pittsburgh; Ben
R. Katz, Warner, Milwaukee; George Laby,
Victory, Holyoke, Mass.; E. J. Melniker,
Grand, Atlanta; William Powell, Para-
mount, Newport, R. I. ; Les Pollock,
Rochester; Kenneth A. Reid, Loew's, Can-
ton, O. ; Jack Simons, Poli, Hartford,
Conn.; Nathan Silver, Strand, Lowell,
Mass.; Jimmy Totman, Warner, Erie, Pa.;
E. E. Whitaker, Fox, Atlanta.
Distributor -Carrier
Problems Discussed
(Continued from page 1)
effort to reach an understanding of
common problems existing between the
two groups.
Problems arising from time to time
are discussed between the film carriers
and distributors so that a more effi-
cient service can be rendered by mem-
bers of the National Film Carriers'
Assn., Inc. Cooperation between the
two groups has been noted at all meet-
ings.
The next gathering will probably be
held in three months. At the last
meeting James Clarke, president of
the carriers group, and representatives
of M-G-M, RKO, Fox, Warners,
Columbia, Universal, Paramount and
the Hay office attended.
Loew Report Delayed
The annual financial report of
Loew's, Inc., is slightly delayed this
year. Auditors, however, are working
nights to complete the job within the
next couple of weeks.
Danubia Gets "Rakoczi"
Danubia Pictures has acquired the
American rights to the Hungarian
film. "Rakoczi March." The picture
will open at the Tobis Nov. 16.
MOTION PICTURE
DAILY
MOTION PICTURE DAILY*
HOLLYWOOD PREVIEW
(Continued from page 3)
but all with a new Fieldian twist, are explosive and high spotted by the
comedian trying to catch some sleep.
Norman McLeod's skillful direction milks all the laughs to the limit.
Jack Cunningham wrote the screen play from Charlie Bogle's and J. P.
McEvoy's original. Henry Sharp photographed.
Being clean and highly enjoyable, it will appeal to all crying for
laughs. Production code seal, No. 343. Running time, 70 minutes.
Classification : "G."
"Home on the Range"
[Paramount)
Hollywood, Nov. 9. — Production weaknesses ranging from dull gags
and muddled narrative to uncertain direction and casting lower this one's
rating.
The picture has all the essentials of a good western, running the gamut
from Alaskan gold country to the Arizona range and featuring a horse
race, forest fire and lots of good fisticuffing. However, it is likely to
find most favor with kids. Jackie Coogan makes his screen return as
the brother and half owner of a ranch with Randolph Scott. Villainy is
carried on by Addison Richards with the aid of Evelyn Brent and Dean
J agger, who have completed a job in Alaska and are trying new fields.
There is the usual mortgage on the ranch of Scott and Coogan and
several fights and robberies sandwiched in between. Scott falls in love
with Miss Brent, who reforms in the last sequence, which is too late to
be convincing. The dramatic climax features Coogan and Scott out-
witting the racketeers and Coogan riding his horse to victory in the
Arizona Sweepstakes.
Arthur Jacobson directed. Ethel Doherty and Grant Garrett wrote the
screen play from a Zane Grey original. William Mellor did a good job
on the photography. Exploitation should be aimed at the juvenile con-
tingent. Production code seal, No. 310. Running time, 72 minutes.
Classification: "G."
"Marie Galante"
{Fox)
Hollywood, Nov. 9. — Dealing with the timely passing of the United
States fleet through the Panama Canal and bolstered by a plot to blow
up the fleet, this packs audience appeal. Although it could do without
several cafe scenes which detract, the picture holds the interest.
Ketti Gallian, French actress, makes her American film debut as a
small-town girl enmeshed in an international plot. The story opens
with the girl tricked aboard a ship carrying members of the plot ring.
She winds up in Central America. Finding no one speaking French,
she becomes a cafe singer.
In her effort to make a quick return to France Miss Gallian innocently
becomes the accomplice of Siegfried Rumann, the chief plotter. Spencer
Tracy, a United States agent working on the case, tries to keep her out
of trouble but only intensifies the suspicion of Robert Loraine of Scotland
Yard, also on the case. The plot is finally busted up. Miss Gallian is
shot. Leslie Fenton, suspected of being the ringleader, turns out to be
the Japanese envoy. The girl recovers as Tracy and Fenton wait to
take her home.
Henry King's direction is intelligent. Ned Sparks' comedy as the cafe
owner is a high spot. The Jacques Deval novel has been given an
interesting treatment by Reginald Berkeley. The photography of John
Seitz is A-l.
Code seal No. 283. Running time, 89 minutes. Classification: "G."
4
Fight on in Omaha
For Rachman Pardon
Omaha, Nov. 9. — Letters from
prominent Omahans, including a for-
mer congressman and an ex-police
chief, have been filed with the Ne-
braska Board of Pardons seeking
commutation of the 15-year sentence
imposed on Jule Rachman, former lo-
cal theatre man for the murder of
Harry and Sam Goldberg, who had
been his business partners.
Rachman shot the brothers in De-
cember, 1932, in an argument oyer
business matters. He pleaded guilty
to second degree murder.
Among those asking clemency for
Rachman are Eugene Blazer, A- S.
C. A. P. attorney; Henry Monsky,
impartial member of the local griev-
ance board; Rabbi Frederick Gohn ;
Malcolm Baldrige, former congress-
man; John Hopkins, recently elected
Douglas County sheriff ; Harry Trus-
tin and Harry Knudsen, city com-
missioners, and George W. Allen, re-
tired Omaha police chief.
It is understood Ralph Goldberg,
manager of the Town and Avenue
theatres and brother of the slam men,
will oppose clemency. The pardon
board will hear Rachman's case
Dec. 12.
Shut Out 2 Magazines
Hollywood, Nov. 9. — At a Hays
office meeting today publicity direc-
tors voted to deny studio cooperation
to Movie Humor and Real Screen
Fun for allegedly tying up produc-
tion stills with semi-nude Broadway
chorines. The photographs as they
appear in the magazines, it is charged,
give the impression they emanate
from the studios. Film Fun was also
accused, but, receiving assurances that
the publication would stage a cleanup,
the meeting agreed to place it on pro-
bation.
Form 2 Exhibitor Units
Albany, Nov. 9.— Ajax Pictures
Corp. has been chartered to exhibit
films. R. M. Savini, J. F. Thomson
and John Michelson are directors and
subscribers.
Whiteway Enterprises, Inc., also
has been chartered to exhibit films,
theatricals, etc. Julian T. Abeles,
Leopold Bleich and William Lieber
are directors and subscribers.
E. A. McAuliffe Dead
Cincinnati, Nov. 9. — E. A. Mc-
Auliffe, widely known exhibitor, died
suddenly of a heart attack while in
a doctor's office. He formerly was
division manager for Fox in the
Cleveland territory, and later operated
theatres at Bellefontaine, Dayton and
Portsmouth, O. His widow and
three children survive.
Ivy Lee, 57, Dies Here
Ivy Lee, ace of American publicists,
died suddenly yesterday in his 58th
year. The end came in St. Luke's
Hospital, where he had lain ill with
a brain tumor. Surviving are his
widow, two sons and a daughter.
Flash Review
I'll Fix It— ... a well-knit, fast-
moving story with both kid and adult
appeal. . . . Good family entertain-
ment.
This film will be reviewed in full in a
later issue of Motion Picture Daily.
Sharon Gets Excited
Sharon, Pa., Nov. 9.— Organized
at a recent meeting attended by 850
adult church members, the Civic
League of Sharon has appealed to
City Council to close theatres on
Sundays. Petitions which bear signa-
tures of 1,700 residents are expected
to be presented in support of the re-
quest.
The meeting at which the league
was formed was called by church lead-
ers when three local theatres which
inaugurated Sunday shows two weeks
ago refused to heed their plea to close.
Chouinard in U. A. Job
Minneapolis, Nov. 9. — Casper
Chouinard, has been appointed office
manager of the local United Artists
exchange, succeeding Ralph Cramblet,
who was recently appointed sales man-
ager.
<(Band Plays" New Title
Hollywood, Nov. 9. — M-G-M has
again changed the title of "The Kid
from College" to "The Band Plavs
On."
Saturday, November 10, 19
Short Subjects
"Laughing with Medburt
in Malaysia"
(Columbia)
The latest of the series produced b I
Walter Futter and written and spoke i
by John P. Medbury is slightly abo,
the average of this series. The corn
What Symbols Mean
The "G" symbol indicates
general entertainment.
The "A" symbol indicates
adult entertainment.
ments of Medbury are typical, but th
scenes of Malaysia are interesting i
their variety. Reviewed without pr<
duction code seal. Running time, 1
mins. Classification: "G."
"A Little Bird Told Me'
(Radio)
A combination cartoon and straigl
film with particular appeal to chi)
dren although the novelty of it migf
please adults. The reel opens wit
a shot of a child in the jam jar an
his subsequent discovery. When tol
that a little bird told on him the re<
switches to the method birds use i
finding out such things. The lattei
done as a cartoon, is novel and a)
fords all the entertainment in the pic
ture. Code seal, No. 0164. Runnin
time, 5 mins. Classification : "G."
"Pathe Topics"
( Radio )
The first of a new series, entertair
ing and up to previous standard c
reels of this type. It opens with
trip through the Canadian Rockie
and the photography here is partici
larly striking. The audience is the
shown the baby elephant captured b
the Martin Johnsons, a comedy b
by Jay Fassett and scenes of Tuskc-
gee Institute. Highly recommendec
particularly because of the final scene
Code seal, No. 0156. Running tirm
10 mins. Classification: "G."
"Jolly Little Elves"
( U niversal )
The fable of the poor cobbler wh
fed a cold, hungry elf on his last piec
of food and was subsequently rewarde
by all the elves is told in this Tech;
nicolor cartoon. The color work i
very good and the musical accompani
ment above average. The "dunkin
song" sung by the elves at the en
probably will be hummed at largt
Code seal, No. 265. Running time,
mins. Classification : "G."
"You Said a Hatful"
(Roach-M-G-M)
One of the funnier of the Charle
Chase series that should please Chas
fans everywhere. It has good gag
and the comedy situations are nc
overplayed, nor are there any mear
ingless repetitions. Dorothy Appelb
and Oscar Apfel are also in the cas
Code seal, No. 388. Running time, 21
mins. Classification : "G."
Para. Holds Cary Grant
Hollywood, Nov. 9. — Another Ion;
term option has been taken by Para
mount on the services of Can,- Gram
The Leading
Motior
Picture
Industry
MOTION PICTURE
DAILY
Alert,
Intelligent
OL. 36. NO. 113
NEW YORK, MONDAY, NOVEMBER 12, 1934
TEN CENTS
fersey Allied
Petitions for
Zoning Setup
<ights Buying Clearance
In Film Contracts
Dissatisfied with the protection be-
ig given circuits and unsuccessful in
recent attempt to have a clearance
nd zoning board established for the
;rritory, Allied of New Jersey has
etitioned Campi to rezone theatres in
crthern New Jersey.
Allied's contention is that the cir-
uit's are buying protection and prac-
ically setting up the clearances as they
esire with exchanges having very lit-
le to say in the matter.
The petition was on the calendar of
^ode Authority at the Oct. 25 meet-
ng and was tabled for the Nov. 8
ession. At the Campi session last
'hursday the request was lost in the
laze of individual appeals and other
icidental business.
Unless Campi does something with
he petition one way or another, Allied
take its complaint to Division
administrator Sol A. Rosenblatt, its
lembers say.
Studios Gain; 35
Features in Work
Hollywood, Nov. 11. — Production
ctivity took a turn for the better last
eek with an increase of two features
1 work over the preceding week,
hirty-five features and four shorts
•ere before the cameras, with 23 fea-
jres and 13 shorts in the final stages
f preparation. In the cutting rooms,
(Continued on page 6)
°remiums Gaining in
East, States Dealer
Kansas City, Nov. 11. — A total of
U.000 pieces of chinaware is shipped
lto Greater New York for theatre
iveaways by his company alone, stat-
d J. A. Armstrong, sales manager
f the Salem China Co., of Salem, O.,
visitor here last week.
"Premiums have reached a new high
1 the theatre business, especially in
(Continued on page 3)
Kuykendall Pleased
By Sinclair Defeat
Commending California exhibitors
or their refusal to support Upton Sin-
lair's campaign for governor, Ed
Cuykendall, M. P. T. O. A. president,
(Continued on page 6)
Cleveland Lukewarm on
Classification of Pictures
Cleveland, Nov. 11. — The Warner
Philadelphia plan of designating pic-
tures as adult or family entertainment
is being watched locally with only mild
interest.
It has long been the practice of
Greater Cleveland exhibitors to play
"family night" programs on Friday
and Saturday. The Cleveland Cinema
Club, the P-T-A's and the picture divi-
sion of the Federated Women's Clubs
have been in touch with the neighbor-
hood theatre owners for the past five
years in establishing family night
week-end programs.
Results have been only fairly satis-
factory. While exhibitors gave their
fullest cooperation, the neighborhoods,
with only a few exceptions, failed to
support the shows.
However, exhibitors continue to
book their Friday-Saturday pictures
with a weather eye on the family trade
(Continued on page 3)
Circuits in Frisco
Oppose Film Marks
San Francisco, Nov. 11. — Circuits
here are not using any symbol method
to apprise the public as to whether pic-
tures are suited to families or adults.
Several organizations of parents and
teachers, however, issue weekly bul-
letins advising their members on types
of pictures and even going so far as
to recommend against productions from
time to time.
When the symbol method as now
used by Warners in Philadelphia was
called to the attention of bay region
theatre men they all took the position
(Continued on page 3)
Freehold Overbuying
Case to Be Settled
Walter Reade is settling the over-
buying complaint filed against him by
the Liberty, Freehold, N. J. Reade
operates the Strand in the same city.
Leo Justin of the Reade office tried
to straighten the picture situation out
at the local grievance meeting last
Tuesday, but needed Reade's official
okay before he could give the Liberty
product. Reade has passed on the pic-
tures and when the case is called to-
morrow, the litigants will declare the
matter settled. Harry Suchman rep-
resented the Libertv.
Campi Expenditures
Total to $157,019
Operation expense of Campi, its
various boards and agencies has to-
talled $157,019.89 since the NRA
(Continued on page 3)
FWC May Mark
Los Angeles, Nov. 11. — The
policy of classifying films as
to their adult or family suit-
ability is being seriously con-
sidered here by Fox West
Coast executives, it was
learned yesterday.
The subject is slated for
early discussion and the
policy would be confined to
subsequent run houses if
adopted, it was said.
London Limit
For Standees
Due on Jan. 1
By BRUCE ALLAN
London, Nov. U.— (By Mail)— As
from Jan. 1, 1935, theatres licensed by
the London County Council will be
subject to new rules limiting the num-
bers of patrons allowed to stand at
any performance.
Only one row of persons will be
allowed against side walls adjoining
side gangways. At the back of the
hall one row will be permitted with
the further concession that extra
rows, up to a total of three only, may
(Continued on page 6)
Rosenzweig Sues on
Deal Over Waldorf
Dave Rosenzweig, Mitchell Kay and
Max Shapiro have filed suit in the
Supreme Court, Kings County, against
Louis Frisch, Sam Rinzler and Fox-
rand Realty Corp., claiming the de-
fendants are "depriving the plaintiffs
of 50 per cent interest in the owner-
ship, management and control of the
newly constructed Waldorf in Brook-
lyn."
Frisch and Rinzler admitted the suit
was on, but would not comment.
Skourases Are Sued
On St. Louis Bonds
St. Louis, Nov. 11.— A suit for
$6,420 has been filed in the Circuit
Court here by Meyer Hessel, an at-
torney, against Spyros, Charles and
George Skouras, and Clarence Turley,
(Continued on page 3)
Say Debenture
Issue Blocks
NewRKO Loan
Regarded as Second Lien
On Company's Assets
Second liens on the RKO collateral
securing the $1,425,000 of gold notes
now outstanding may prevent the
RKO trustee from negotiating a bank
loan with which to retire the full
amount of the notes at one time in
accordance with the instructions of
Federal Judge William Bondy, it was
learned on Saturday.
The collateral securing the $1,425,-
000 of RKO gold notes, which are held
by Consolidated Film Industries, has a
book value of $50,000,000 and repre-
sents practically the entire RKO
investment in its going subsidiaries.
In approving the RKO-Consolidated
agreement for extending maturities on
the notes from next Jan. 1 to May 1,
1938, at six per cent interest, Judge
Bondy instructed Irving Trust Co..
trustee for RKO, to make an effort to
negotiate a bank loan to retire the
notes at one time and effect an appre-
ciable saving of interest.
"Any bank should be glad to make
(Continued on page 3)
New Mexican Film
Rules Being Drawn
By JAMES LOCKHART
Mexico City, Nov. 11. — At the sug-
gestion of President Abelardo Rodri-
guez, State Department experts have
drafted a measure which calls for
Federal constitutional amendments
that will provide new regulations for
all phases of the industry, including
domestic production, importations, ex-
ports and exhibition, and has presented
(Continued on page 6)
Booking Combine Is
Believed Dead Here
Little response on the part of local
exhibitors is being given the plan to
combine about 100 independent the-
atres into one large booking and buy-
ing circuit. All indications are that
the move is dead.
A number of I. T. O. A. members,
although the idea was not backed by
the unit, looked upon the amalgamation
of the numerous independent interests
as a weapon to break down the pro-
tection demands of major circuits.
However, as soon as the local union
situation is settled, the I. T. O. A.
will sign the code and demand a clear-
ance and zoning schedule.
MOTION PICTURE
DAILY
Monday, November 12, 1934
MOTION PICTUKE
DAILY
(Registered U. S. Patent Office)
Vol. 36
November 12, 1934
No. 113
Martin Quigley
Editor-in-Chief and Publishe
MAURICE KANN
Editor
JAMES A. CRON
Advertising Manager
Published daily except Sunday and holi-
days by Motion Picture Daily, Inc., sub-
sidiary of Quigley Publications, Inc.,
Martin Quigley, President; Colvin Brown,
Vice-President and Treasurer.
Publication Office: 1790 Broadway, New
York. Telephone Circle 7-3100. Cable ad-
dress "Ouigpubco, New York." All con-
tents copyrighted 1934 by Motion Picture
Daily, Inc. Address all correspondence to
the New York Office. Other Quigley pub-
lications: MOTION PICTURE HERALD,
BETTER THEATRES, THE MOTION
PICTURE ALMANAC and THE CHI-
CAGOAN.
Hollywood Bureau: Postal Union Life
Building, Vine and Yucca Streets, Victor
M. Shapiro, Manager; Chicago Bureau: 407
South Dearborn Street, Edwin S. Clif-
ford, Manager; London Bureau; Remo
House, 310 Regent St., London, W. 1,
Bruce Allan, Representative. Cable address:
"Ouigpubco, London"; Berlin Bureau:
Berlin - Tempelhof , Kaiserin - Augustastrasse
28, Joachim K. Rutenberg, Representative;
Paris Bureau: 19, Rue de la Cour-des-
Noues, Pierre Autre, Representative; Rome
Bureau: Viale Gorizia, Vittorio Malpassuti,
Representative; Sydney Bureau: 102 Sus-
sex Street, Cliff Holt, Representative; Mex
ico City Bureau: Apartado 269, James
Lockhart, Representative; Glasgow Bureau:
86 Dundrennan Road, G. Holmes, Repre-
sentative; Budapest Bureau: 3, Kaplar-u,
Budapest, II, Endre Hevesi, Representa-
tive; Moscow Bureau: Civtzev Vrazhek,
N. 25, Apart. 146, Moscow, U. S. S. R.,
Bella Kashin, Representative. Cable ad-
dress: "Samrod, Moscow."
Entered as second class matter, January
4, 1926, at the Post Office at New York-
City, N. Y., under Act of March -3, 1879.
Subscription rates per year: $6 in the
Americas, except Canada $15 and foreign
$12. Single copies: 10 cents.
Sees Academy Hurt
If Producers Quit
Hollywood, Nov. 11. — The Acad-
emy of M. P. Arts & Sciences would
lose its "unique value" as a medium
through which creative talent may en-
gage in collective bargaining directly
with producers if the latter were to
withdraw, Frank Lloyd, newly elected
Academy president, declared yesterday.
He denied persistent rumors that
several producers planned to resign in
order to bring about greater freedom
in collective bargaining for creative
talent branches of the academy. Lloyd
contended that such a move would
make collective bargaining within the
Academy more difficult.
Kaufman in Jersey Job
Herbert Kaufman of the Buffalo
Paramount sales force has succeeded
Frank Blakely, resigned, as New Jer-
sey salesman. William Brimmer re-
joins the company in Buffalo.
Fox Renews with Three
Hollywood, Nov. 11. — Fox has
given new one-year tickets to Claire
Trevor and Stepin Fetchit.
Spencer Tracy was given a straight
two-year contract without options.
Hatrick Due in Tuesday
Los Angeles, Nov. 11. — E. B. Hat-
rick, Hearst representative in Cosmo-
politan Prod., en route to New York,
is due there on Tuesday.
Insiders' Outlook
HpHE comparative state of con-
■*■ tent reigning in exhibition
ranks and evidenced by the ab-
sence of well-supported crusades
and squawks against production
and distribution practices of the
day is being remarked upon by
both distribution executives and
officials themselves of exhibitor
organizations. Not in the memory
of any of them, they say, has
there been such seeming tran-
quillity among exhibitors on a
large scale as now. No large
group within the industry, they
point out, is threatening "to call
a cop" to iron out an industry
problem, no irate exhibitors are
hiring halls in which to raise a
national cry against a real or
seeming oppression and yells
have reduced themselves to peeps
on the part of those who, rightly
or wrongly, are sometimes called
the trade's chronic agitators. . . .
T
The reason? Some hold that
it is all a certain indication that
box-office affairs are brighter
again ; that, when the exhibitor's
books are balancing in the right
direction, the ills of the trade, real
or fanciful, lose significance.
Others will tell you that the code
machinery is dispelling many an
uprising by removing the cause
at the source. Whether this is
merely a pleasant interlude or the
legendary calm before the storm
which may break over what was
once called protection but which
now has the more genteel name
of clearance is something time
will determine. Perhaps shortly
now. . . .
T
For years, this forum, writing
in this space and in other space,
has pointed out that protection,
or clearance if you prefer, is one
of the festering sores of the in-
dustry; that something had to be
done about it ; that chiseling on
the part of the circuits which act
the way they do merely because
they are big had to be brought to
some sort of a halt, not necessa-
rily gentle ; that, if the steps were
not taken on the inside, pressure —
meaning those Washington "New
Dealers" — would be exerted from
the outside. The right to live
should be no exclusive with the
powerful, granting at once to the
comfortably intrenched the fact
that they rate more because they
own more. . . .
▼
Through the ether between
London and New York comes the
flash, from the inside, that all is
not over between Gaumont Brit-
ish and British International.
Outwardly, negotiations looking
toward a consolidation have been
broken off. Actually, the low-
down insists this is not the case
at all ; that the barter is under
way and that a hitch is the price
of $3.75 a share placed by Fox
Film on its block of stock in the
Industrial and Bradford Trust,
Ltd., controlling company. That
would place the Fox end at ap-
proximately $8,250,000. Isadore
Ostrer, on the other hand, thinks
his stock in the same company is
worth $6.25 a share. Denied by
the principals, the London trade
at large views a deal as inevita-
ble. When, is something else
again. . . .
▼
How G. B. is working here
was detailed to company stock-
holders at their recent annual
meeting when Mark Ostrer said:
"We decided to use our own
sales force in all the larger terri-
tories and made an arrangement
with Mr. S. R. Kent, president
of Fox Films and also a di-
rector of your company, to phy-
sically distribute our product
and to sell for us in the smaller
territories where we, in con-
junction with Mr. Kent, con-
Eastman Still Soaring on Big Board
. High Low
Columbia Pictures, vtc 38 38
Consolidated Film Industries 354 ZY2
Consolidated Film Industries, pfd 15% \$y2
Eastman Kodak 110J4 110J4
Fox Film "A" 1354 1314
Loew's, Inc 31 % 31%
M-G-M, pfd 2654 2654
Paramount Publix, cts 4% 454
Pa the Exchange 1% 154
Pathe Exchange "A" 14 1334
RKO 2 V/s
Warner Bros 4% 4%
Net
Close
Change
Sales
38
+ 54
100
SVz
+ %
100
isy2
— %
900
11054
+ 54
900
13M
1,200
31%
- 54
2,300
- 54
100
4%
+ 54
2,400
1%
1.100
14
+ % .
1,000
m
1,700
434
1.500
Curb Issues Show Slight Losses
High Low
Technicolor 1314 13
Trans-Lux '. .. 2 ?
Net
Close Change
13 -54
Pathe Bonds Drop Half Point
General Theatre Equipment 6s
Loew's 6s '41, ww deb rights..
'40.
Pathe 7s
High
Low
Close
. 6-%
6%
6V2
.10374
103%
103%
57
5754.
5754
5754
57;4
9854
9854.
Net
+ 54
+ Vz
- 54
— 14
Sales
200
100
Sales
20
1
8
5
3
sidered it uneconomical to sell
ourselves."
The fact that, according to
Ostrer, Fox is selling G. B. to
smaller accounts is new and a
hitherto untouched angle of that
organization's activities. . . .
T
More from London has to do
with the headlong fling in the-
atre construction under way on
the tight little island. In the'next
12 months, responsible British
trade opinion lends strength to
the estimate that between 200 and
300 new houses will go up. Op-
timists there like to think this
building campaign will result in
the permanent darkening of small
and obsolete houses which projg,
ress should have washed up long
since anyway. The English
cousins are reminded that the
identical idea prevailed here to
be kicked out when that memora-
ble October, five years and a
month back, arrived. . . .
K A N >
Kelly Finds Films
Affect Far Place,
Styles and conditions of life are be
ing affected by films in remote parts
the world, says Arthur W. Kelly, vice;
president of U. A. in charge "of disi
tribution, who has just arrived i
Tokio on the last leg of a world toui
"It is impossible," he cables, fti
overestimate the influence of Holly;
wood films in stimulating interna!
tional trade. Every American pictur
is an animated catalogue of American J
made products. American manufac
turers and exporters owe a deep deb
of gratitude to Hollywood producer,
for opening up again and again ne\
markets for their goods."
Kelly will return to this country i
about five weeks.
Preparing Shakespeare
Hollywood, Nov. 11.— Productioi
on "Midsummer Night's Dream" ha
been definitely set to begin Dec. 1
Max Reinhardt and William DieterL
will co-direct from a screenplay b-
Charles _ Kenyon and Mary McCali
Jr. Original Mendelssohn music wil-l
be arranged by Erich Wolfeganj
Korngold. Art direction will be b^
Anton Grot. Costumes will be created
by Max Ree. The only two peopl.
definitely set for the cast are Micke^
Rooney, borrowed from M-G-M, wh<
wifl portray "Puck," and Bronislav;
Nijinska, famous European dancer.
Penzner Plans One
Hollywood, Nov. 11. — John B
Alden, president of Penzner Pictures
has become a member of the I. M. P'
P. A. Penzner will produce undei
supervision of B. V. Mindenbur<r i
feature titled "The King"s Highwav '
Shooting starts Nov. 17. Rod Ls
Roque has been signed for the lead
Max Pollock will direct.
Praise for Meyer
Regret over resignation of Fred
Meyer as M.P.T.O.A. secretary was
expressed on Saturday by Ed Kuyken-
dall, who, describing Meyer as an
"able and constructive co-worker," de-
clared that "his place will be hard to
fill." Meyer was recently named
assistant to Carl Laemmle, Sr.
jnday, November 12, 1934
MOTION PICTURE
DAILY
lay Debenture
ssue Blocks
f ewRKO Loan
"Jealousy'
(Continued from page 1)
« loan with such collateral as that,
dge Bondy remarked at the time.
Financial observers now point out
it such a procedure may not be pos-
>le under the terms of RKO's
1.600,000 debenture issue outstand-
The debentures, it is stated, are
second lien on the collateral secur-
; the gold notes and, in addition,
;re is a debenture provision stipulat-
i that RKO can make no new loans
thout re-securing the debentures
th the same collateral or with col-
:eral equal to that posted for the new
in.
This is interpreted in official quar-
rs to mean that a bank would have
greater rights than debenture hold-
s if the collateral now securing the
ild notes held by Consolidated and
presenting practically all of RKO's
?ets, was to be reassigned as col-
teral for a new loan. Little likeli-
iod of finding a bank willing to make
e new loan on those conditions
ists, according to responsible opinion.
RKO has been unable to negotiate
reduction of interest on the gold
>tes through Consolidated. However,
e agreement recently approved by
e court provides that RKO may ac-
lerate retirement of the notes at its
vn convenience, the retirement period
iding May 1, 1938, being merely the
aximum. The interest saving empha-
zed by Judge Bondy thus may be
alized by RKO's ability, in the face
improving earnings, to retire the
1,425,000 obligation in one-half, or
>s, the time provided in the agree-
ent with Consolidated.
(Columbia)
Columbia has a find in George Murphy, former college athlete
and stage actor, whose only screen experience prior to his role in
Jealousy" has been in a minor part in "Kid Millions." He has some of
the dynamic quality of Cagney, and, in addition, is a big, fine-looking
fellow who looks as though he could take it — and give it.
Up to the closing sequence where the director, Roy Neil, begins to
extricate himself from an impending unhappy ending, the story moves
swiftly and has plenty of action and suspense.
Murphy, a boxer, on the eve of an impending fight, finds his sweet-
heart, Nancy Carroll, working late in the office of Donald Cook. A mild
scene follows. Later during the fight he is knocked out as he glances
)kourases Are Sued
On St. Louis Bonds
(Continued from page 1)
ho were associated in the various
kouras Brothers theatrical enter-
rises here several years ago. In his
etition Hessel sets forth that he
wned six $1,000 second mortgage
onds on the Ambassador, Grand Cen
•al and Missouri theatres, and claims
ley were guaranteed by the Skouras
rothers and Turley.
The petition states that the bonds
ave been in default since January
933. He asks for payment of princi
al and the accrued interest.
None of the defendants could be
eached for a statement. A reorgan
zation plan for the theatre properties
ecame effective some months ago.
Premiums Gaining in
East, States Dealer
(.Continued from page 1)
he east, where the practice is spread
ng," he told Motion Picture Daily
Kansas City, he added, was the only
pot in the country where his com
lany's premium business had dropped
iff, because of the premium ban which
ecently went into effect. Until that
levelopment, premiums were gaining
iere also, he said. "The suspension
)f premiums in Kansas City is only
emporary ; the situation will correct
tself in a few days," he asserted, re
:erring to the efforts of an exhibitor
?roup to declare the ban void.
Looking 'Em Over
What the Symbols Mean
Reviews classified with a "G" are regarded as suitable for
general entertainment.
Those with an "A" are regarded as suitable for adult enter-
tainment.
into the crowd to see Cook and Miss Carroll coming down an aisle.
In the dressing room later, Murphy knocks Cook down.
They marry, though he is broke. Miss Carroll returns to work for
Cook. Murphy finds them together and shoots Cook. He is on his way
to the electric chair when he sudddenly wakes up and finds the referee
still counting over him. Then he wins the fight.
The only comedy touches — pretty mild ones at that — are furnished
by Raymond Walburn as a lawyer. Arthur Hohl, as Murphy's manager,
gives a fine performance. Production Code Seal No. 356. Running time,
59^2 minutes. Classification: "G."
Green Eyes"
(Chesterfield)
This is passable entertainment for neighborhood houses. Although
the film is slavishly fashioned to the formula for mystery pictures, it
proves itself a well-carpentered and a generally engrossing production.
Claude Gillingwater is murdered during a costume party at his home.
Being a mean old fellow, it is no mystery that he should be done away
with. Finding the guilty one is something else again. In the parade of
suspects are Dorothy Revier, Shirley Grey, William Bakewell, Charles
Starrett, Alden Chase, Aggie Herring and a few others. Why some of
these should have wanted to kill Gillingwater is difficult to fathom.
The police prove dunderheads until Starrett, a writer of mystery
fiction, does a little investigating on his own. Through his efforts Dor
othy Revier and Alden Chase, who plays her husband, are uncovered as
the guilty ones. Chase, Gillingwater's secretary, was motivated by the
need of money to cover up his losses in the stock market with his wife
acting as an accessory. Things are made still easier for the police when
the two commit suicide. Richard Thorpe directed.
No code real. Running time, 68 minutes. Classification: "G."
'Against the Law'
( Columbia)
In this one John Mack Brown is an ambulance driver who carries
self-sacrifice and generosity to the point where he lends his life savings
to an interne to get him out of a jam with a crowd of racketeers, despite
the fact that the interne is engaged to the girl with whom Brown is in
love.
When the interne runs out on a job at a fire, Brown performs an
emergency operation. He is disciplined and sent to a receiving hospital
for this act, but he still keeps silent. The interne is George Meeker and
the girl Sally Blane.
Brown answers three calls in the picture to a gangsters' rendezvous
The last one is for the death of his friend, the interne. In this one, he
props the interne in his own car and pushes him over a cliff to make
it appear like a motor accident. He wins the girl at the finish.
The story has its moments, and leads up to a good climax when Brown
traps the leader of the gang in his ambulance, but audiences given to
the use of logic will probably wonder why the police are not more active
in some of the shootings. The story makes Brown a bit too angelic to
seem real. Miss Blane is always attractive. Lambert Hillyer has done
a good directorial job with story material that is a bit creaky. Produc-
tion Code Seal No. 291. Running time, 66 minutes. Classification : "G '
(Additional reviews on page 6)
Cleveland Is
Lukewarm on
Film Marking
(Continued from page 1)
so that there are very few kicks even
by the most ardent club enthusiasts.
Milton Bryer, while manager of the
Windameer Theatre, definitely estab-
lishes certain days of the week as
type" programs. Family pictures
were shown over the week-end ;
sophisticated pictures on definitely
established days. The same held true
of action pictures. Patrons of the
Windameer knew in advance the type
of entertainment they were buying on
the specified days. While this was not
100 per cent policy, due to block
booking, it was usually observed.
David Chatkin, head of a circuit in
this territory, reports that his Palace,
Akron, definitely states in its adver-
tisements whenever a picture is a
family picture. He does not, however,
indicate when it is an adult picture.
Labeling it "adult," Chatkin says, is
"cheap method of exploiting the
public for the benefit of the box office."
Nat Wolf, Warner zone manager
in Ohio, had no opinion to express on
the Warner Philadelphia plan as it
might affect the Ohio territory.
Circuits in Frisco
Oppose Film Marks
(Continued from page 1)
that such a method was not necessary
because theatrical advertisements, pub-
licity and regular critics' reviews gave
the necessary information and in a far
more accurate and adequate fashion.
Among the principal organizations
here using the symbol method ("A"
for adults; "F" for families, etc.) are
the Federation of Women's Clubs of
which Mrs. Howard Dixon is the
chairman of the motion picture di-
vision ; and the Parent Teachers'
Ass'n., in which Mrs. Robert Barr is
head of the same department. Both
organizations issue bulletins at regu-
lar intervals.
Campi Expenditures
Total to $157,019
(Continued from page 1)
sanctioned the setup. Disbursements
for the month of October were
$24,038.01, of which $9,494.79 was for
the home office, $2,021.41 for Holly-
wood and $12,521.81 for local boards.
According to an official financial
breakdown, producers and distributors
have paid $100,500 and exhibitors
$83,502. New York State income
tax collected at source was $189,
making the total receipts $184,191.
Cash in the bank as of Oct. 31 was
$27,171.11.
Ask Campi Advice on Ban
Kansas City, Nov. 11. — Advice of
Campi has been asked on the legality
of the grievance board's vote banning
premiums. This is believed to be the
first city to ban giveaways. Action
may be taken by the board tomorrow.
Jersey Allied to Dine
Members of Allied of New Jersey
will hold a beefsteak dinner at Henri-
etta Miller's in Irvington, N. J., on
Thursday.
~fAeaf itm/cftf for rife MIKH
A UNIVERSAL PICTURE • Presented by CARL LAEMMLE • A STANL
OPENS. AT THE RADIO CITY k
<# fur VOW
GERMAN PRODUCTION
hC HALL IN NOVtAADtC
MOTION PICTURE
DAILY
Monday, November 12, I93<
London Limit
For Standees
Due on Jan. 1
MOTION PICTURE DAILYS
HOLLYWOOD PREVIEW
(Continued from pane 1)
be added at the rate of one row for
each three feet, six inches of gang-
way. '
The actual number of persons per-
mitted to stand must be agreed be-
tween the theatre and the L. C. C.
and notices stating the figure prom-
inently displayed.
Deputations from the Cinemato-
graph Exhibitors' Ass'n. and other
theatrical bodies failed to obtain any
alteration in the new rule.
* * *
London newsreel theatres will num-
ber 10 at the beginning of 1935 and
four or five others are planned.
British News Theatres, controlling
existing establishments at Waterloo
and Victoria Stations, plans further
buildings at all London railway
termini.
Further provincial newsreel thea-
tres are set for Manchester and
Glasgow.
Of moderate seating capacity and
offering 50-minute programs at from
12 to 25 cents, the newsreel theatres,
inaugurated by British Movietone
News at the old Shaftesbury Pavilion,
are popular.
Studios Gain; 35
Features in Work
shorts
(Continued from pane 1)
a total of 41 features and 19
were reported.
Paramount heads the list with six
features in work, four preparing and
three editing ; Warners have six, two
and six ; Universal, five, two and
three ; Fox, four, four and three ;
Columbia, four, two and four ; M-G-M,
three, four and nine; Radio, two, two
and five ; Century, one, zero and one ;
Roach, zero, zero and one, while the
independents have four, three and six.
In the short subject division Roach
has one before the cameras, three pre-
paring and two editing ; Radio has one,
two and five ; Columbia, zero, one and
three; M-G-M, zero, four and four,
while the independents report two,
three and five.
"Babes in Toyland"
(Roach-M-G-M)
Hollywood, Nov. 11. — Hal Roach, with an expert showmanship eye,
has produced a smashing box-office feature from Glenn McDonough's
stage play interspersed with Victor Herbert's tuneful music. It is highly
entertaining and imaginative, assembling all the thrilling characters
from the "Mother Goose Rhymes."
There is Stanley Dum and Oliver Dee (Laurel and Hardy), and
Little Bo Peep (Charlotte Henry), and newcomers Felix Knight as
Tom Tom the Piper's Son and Barnaby (Henry Kleinbach), from the
Hollywood version of "The Drunkard," and Widow Peep and Mother
Goose, Santa Claus, Little Boy Blue, Jack and Jill, Little Red Riding
Hood and all the others, not forgetting the Three Little Pigs.
Dramatically, with sustained interest and with well-built suspense
timed with hearty laughter, it spins the fairy tale of the love of Tom Tom
and Little Bo Peep, a figment ripened by time. There is Barnaby, the
villain, who wants the gal or he will foreclose the mortgage. Separated
by said villain the lovers are caught in his clutches but he is foiled by
Dum and Dee.
It's gorgeous fun and those two marvelous dopes Laurel and Hardy
are just that. Good, too, is Charlotte Henry with Felix Knight of
pleasant voice and person.
High spot of hilarity is the trick marriage between Dum and Barnaby.
The big thrill is the march of the wooden soldiers with the routing of
the bogey men at the finale.
The production is all that can be desired with the cast good throughout.
The photography of Francis Corby and Art Lloyd is fair.
Gus Mein's and Charles Roger's direction has originality paced for
laughter and suspense. Frank Butler and Nick Grinde did a swell job
of writing the screenplay.
Youngsters, no matter what age, will get a big boot out of this
fantastic tomfoolery. In fact, it looks like a toss up as to who will take
who, the children the parents or the parents the children.
"Babes in Toyland" seems set for a cleanup for the holidays or any
other days. Production code seal, No. 401. Running time, 72 minutes
Classification: "G."
Kuykendall Pleased
By Sinclair Defeat
(Continued from page 1)
observed on Saturday that exhibitors,
as such, should interest themselves in
politics only in defense of their busi-
ness against unfair legislation and the
incursions of "professional reformers."
"We know," he said, referring to
Sinclair's overtures for exhibitor cam-
paign assistance, "that no intelligent
aid in industry affairs can be given
by persons whose sudden proffer of
help is just a bait to entice one indus-
try element into a political controversy
on their side."
Books Holiday Films
Howard Cullman has booked Uni-
versal^ "Imitation of Life" for
Thanksgiving week at the Roxy and
has signed for Radio's "Anne of Green
Gables" for Christmas week.
"The Silver Streak"
(Radio)
Hollywood, Nov. 11. — This one is the first film dealing with the Bur
lington streamline train and provokes exploitation angles for exhibitors
However, its story values lower its entertainment values.
The yarn has chases, fights and other forms of outmoded melodrama
presented in a manner reminiscent of the silent era. The main punch
of the story features the race of the Zephyr to Boulder Dam carrying
life-saving apparatus to paralysis victims. The romance is carried by
Sally Blane. daughter of an old school railroad man, William Farnum,
and Charles Starrett, youthful inventive genius who sees the culmina-
tion of his efforts in the record run of the train.
The high spot of the race to the dam is the pictorial nature of the
country which makes believable the illusion that the observer is on the
train with the passengers. Unnecessary footage features the fruitless
endeavor of Irving Pichel to stop the train by fisticuffs and to escape
arrest on a murder charge. Edgar Kennedy, as the engineer, offers the
only outstanding cast portrayal.
Direction by Thomas Atkins fails to lift the film. Photography by
1. Roy Hunt and photographic effects by Vernon Walker rate high.
Production code seal, No. 397. Running time, 87 minutes. Classifica-
tion: "G."
< Purely \
Personal ►
OHN RIESENFELD of the Mac-
Fadden women's group has been
assigned to the New England territory
in the place vacated by the transfer of
William Carlisle to the home offices .
Bronislava Nijinska, who has
been signed by Warners for a "A Mid-
summer Night's Dream," arrives from
Europe Wednesday on the Champlain.
Charles Rosenzweig, general sale^
manager, and Jules Chapman, his
assistant, are now in Boston on their
tour of First Division exchanges.
Frank K. Speidell, head of the
Industrial division of Audio Prod,
leaves for his second trip to the coast
some time this week.
Adolfo R. Aviles, picture com-
mentator on Radio Splendid of Buenos
Aires, is in town for several weeks
before going to Hollywood.
Al Gross of the Paramount foreign
department is working at the New
York exchange getting the lowdown
on exchange operations.
Sam and Mrs. Briskin, who are in
town vacationing from the coast, sail
for home Nov. 13 on the Santa Rosa.
Mrs. Henry Randel is recuperat-
ing nicely at the Women's Hospital
from an abdominal operation.
Sol and Mrs. Lesser left for the
coast yesterday. They plan to be back
again in about four months.
Harry Edington and Barbara
Kent arrive on the Berengaria
Wednesday.
Charles L. O'Reilly is in Boston
on business.
Thomas and Mrs. Meighan are en
route to Pasadena for a vacation.
New Mexican Film
Rules Being Drawn
Warners Promise No
Late Matinee Scale
St. Louis, Nov. 11.— Warners will
not follow the lead of F. & M.'s Am-
bassador and Missouri in extending
matinee prices from 6 P. M. to 7 :30
P.M. Members of the M. P. T. O.
unit have been given assurances to this
effect.
Bernerd Bringing Eight
When Jeffrey Bernerd, general man-
p.ger of Gaumont British, returns from
England late next month he will bring
with him eight new releases, the final
half of the company's program for
1934-35.
Hornstein on His Own
Joseph C. Hornstein, who has re-
signed as purchasing head of Warners
and president of Continental Theatre
Accessories, will reenter the indepen-
dent theatre equipment field on his
own. Herman Maier, head of War-
ners construction and maintenance de-
partment, will add Hornstein's former
duties to his own.
(Continued from page 1)
t to the National Legislature.
The
egislators are expected to act on the
proposition before the end of the year.
It is learned that the measure in-
corporates features of laws in effect
in various countries, including the
United States. The department de-
clares that its proposition will benefit
the industry in Mexico.
Among things the plan provides, de-
partment officials reveal, is that it will
provide for banning exhibition of pic-
tures that are objectionable because of
their exaggerations, treatment, etc.
It is expected this phase of the mea-
sure will strengthen the present law
which forbids showing of any picture
that snubs, belittles or otherwise
offends Mexico, Mexicans and their
manners and customs or those of any
friendly country. Producers in and
out of Mexico will be duly advised as
to just what this country deems ob-
jectionable.
Film, disc and other imports will
be benefitted as the measure provides
that the department will have sole
supervision and that its approval will
allow exhibition in all parts of Mexico.
At present, importing is supervised by
various government departments, a
situation that is making importers both
grey-haired and lean, owing to the
amount of running around they have
to do.
JOSEPH BERNHARD
Operates
378 theatres,
spends millions
annually for film,
accessories and
equipment.
He reads
MOTION PICTURE
DAILY
The Industry Buying Power Reads
MOTION PICTURE DAILY
MOTION PICTURE
DAILY
"Divorcee" 2nd Week Wow
In Cleveland: Gets $10,000
8
'One Night"
Washington's
2nd Week Hit
Washington, Nov. 11. — "One Night
of Love" was the outstanding attrac-
tion here in its second week at the
Metropolitan where it again topped
par by a wide margin. The $7,000
take was over the line by $2,900.
"The Last Gentleman," with a stage
show at Loew's Fox garnered $21,000,
only $500 over average.
"The Scarlet Empress" took a nose-
dive, despite fine newspaper reviews.
The $15,700 was $1,900 below the
profit line. Business was off generally.
Total first run business was $65,400.
Average is $71,200.
Estimated takings, exclusive of tax,
for the week ending Nov. 1 :
"THE SCARLET EMPRESS" (Para.)
EARLE— (2,218), 25c-77c, 7 days. Stage:
J. Harold Murray, Sara Mildred Strauss
Dancers, Gomez & Winona, Charlie Hill &
Lora HofTmap. Gross: $15,700. (Average,
$17,600)
"PURSUED" (Fox)
LOEW'S COLUMBIA— (1,264), 25c-40c, 7
days. Gross: $2,300. (Average, $3,100)
"THE LAST GENTLEMAN" (U.A.)
LOEW'S FOX — (3,434), 25c-66c. 7 days.
Stage: Bob Murphy, with Son Dick and
Daughter Dorothy; Medley & Dupree;
Shepherd. Carleton & Pritchard; Toe Fejer
& Orchestra. Gross: $21,000. (Average.
$20,500)
"JUDGE PRIEST" (Fox)
LOEW'S PALACE — (2,370), 35c-77c, 7
days, 2nd week. Gross: $9,400. (Average,
$14,500)
"ONE NIGHT OF LOVE" (Col.)
METROPOLITAN — (1,591), 25c-40c, 7
days, 2nd week, return engagement. Gross:
$7,000. (Average, $4,100)
"THE GAY DIVORCEE" (Radio)
RKO-KEITH'S— (1,836), 25c-55c, 7 days,
2nd week. Gross: $10,000. (Average,
$11,400)
"Cleopatra" Hits
$8,500, Portland
Portland, Nov. 11. — In spite of a
continuous week's rain the revised
lineup of first runs ran well over
normal. "Cleopatra" and a stage
show at the Paramount took $8,500,
or $3,000 over normal.
"The Merry Widow" at the United
Artists rang up $6,000, or $1,000
excess.
"The Fountain" at Hamrick's Or-
pheum with a stage show had a take
of $4,500, or $1,500 over the usual.
Total first run business was $28,500.
Average is $22,000.
Estimated takings for the week end-
ing Nov. 3 :
"DUDE RANGER" (Fox)
BROADWAY— (1,912), 25c-35c-40c, 7 days.
Gross: $5,000. (Average, $5,000)
"THERE'S ALWAYS TOMORROW"
(Univ.)
"THE GRIDIRON FLASH" (Radio)
ORIENTAL— (2,040). 25c, 7 days. Gross:
$2,500. (Average, $2,000)
"THE FOUNTAIN" (Radio)
HAMRICK'S ORPHEUM— (1,700), 25c-
35c-40c, 7 days. Stage show. Gross: $4,500.
(Average, $3,000)
"GAY DIVORCEE (Radio)
MUSIC BOX— (1.000), 25c-35c, 7 days.
Gross: $2,000. (Average, $2,000)
"CLEOPATRA" (Para.)
PARAMOUNT — (3.008). 25c-35c-40c, 7
days. Stage show. Gross: $8,500. (Aver-
age, $5,000)
"MERRY WIDOW" (M-G-M)
UNITED ARTIST— (945), 25c-35c-40c, 7
days. Gross: $6,000. (Average. $5,000)
Carolina Group to Meet
Charlotte, Nov. 11. — The Theatre
Owners of North and South Caro-
lina will hold its 22nd annual conven-
tion on Dec. 9-10 at the Charlotte.
Cleveland, Nov. 11. — "The Gay
Divorcee" in its second week at
Warners' Hippodrome continued to
hold the spotlight. With a $10,000
gross, it broke the second week record
of the house. "The Case of the
Howling Dog," with $3,800, went $800
over the Allen Theatre average.
"Cleopatra" held to the house average
at Loew's State. A fair stage show
was a handicap to "Lady By Choice"
at the RKO Palace. There was a de-
cided drop in both downtown and
neighborhood house business. The
weather was very stormy, with first
snow of the season.
Total business was $41,800. Aver-
age is $41,000.
Pittsburgh, Nov. 11. — The bottom
seemed to drop out of everything last
week and there wasn't a house in town
that came close to touching par. Only
the Alvin, with "There's Always To-
morrow" and a stage show, made any-
thing approaching a fair showing, get-
ting $9,000, which was $1,000 below
par, but still pretty presentable in the
face of showings elsewhere. The Ful-
ton took it on the chin with "Gift of
Gab," yanking it after five days to a
weak $3,000, while the Stanley hit
rock bottom with "Six-Day Bike
Rider," gathering only $4,500".
At the Penn, "Mrs. Wiggs of the
Cabbage Patch," which had a stage
show headed by Bill Robinson, was a
disappointment" at $14,000 and the Pitt
likewise took to the skids with "Crim-
son Romance" and a unit, getting only
§4,000.
Total grosses in six first runs were
$38,700. Average is §57,000.
Estimated takings for the week end-
ing Nov. 1 :
"THERE'S ALWAYS TOMORROW"
(Univ.)
ALVIN— (2.000), 25c-40c, 6 days. Stage:
Johnny Permins, Fred Sanborn and others.
Gross: $9,000. (Average. $10,000)
"GIFT OF GAB" (Univ.)
FULTON— (1,750), 15c-40c, 5 days. Gross:
$3,000. (Average, for six davs. $4,500)
"MRS. WIGGS OF CABBAGE PATCH"
(Para.)
PENN— (3.300) . 25c-75c. 6 days. Stage:
Bill Robinson, Venita Gould. Bartel-Hurst
revue, Honey Familv, Mells, Kirk and
Howard. Gross: $14,000. (Average, $22,000)
"CRIMSON ROMANCE" (Monogram)
PITT — (1.600), 15c-40c. 6 days. Stage:
"Sidewalk Cafe" unit with Benny Ross and
Maxine Stone. Gross: $4,000. (Average.
$6,500)
"SIX-DAY BIKE RIDER" (Warners)
STANLEY— (3.600). 25c-50c. 6 davs. Gross:
$4,500. (Average, $9,000)
"WAGON WHEELS" (Para.)
"I SELL ANYTHING" (Warners)
WARNER— (2.000). 25c-40c. 6 days. Gross:
$4,200. (Average. $5,000)
"Person" for Astaire
Hollywood, Nov. 11. — The Samuel
Hopkins Adams story, "In Person,"
has been chosen by Radio as the next
vehicle for Fred Astaire. The dancer
is now working on "Roberta" with
Irene Dunne and Ginger Rogers.
Estimated takings for the week end-
ing Nov. 2 :
"THE CASE OF THE HOWLING DOG"
(Warner's)
ALLEN— (3,300), 20c-30c-40c. 7 days.
Gross: $3,800. (Average, $3,000)
"THE GAY DIVORCEE" (Radio)
second week
WARNERS' HIPPODROME— (3,800), 30c-
35c-44c, 7 days, 2nd week. Gross: $10,000.
(Average, $6,000)
"LADY BY CHOICE" (Col.)
RKO PALACE— (3,100), 30c-40c-60c, 7
days. Stage: "Words & Music." with Les-
ter Cole. Herman Hyde, Sally Burill & Co.
Gross: $14,500. (Average, $18,000)
"CLEOPATRA" (Para.)
LOEW'S STATE— (3.400), 30c-35c-44c, 7
days. Gross: $10,000. (Average. $10,000)
"LEMON DROP KID" (Para.)
LOEW'S STILLMA— (1,900). 20c-30c-40c,
7 days. Gross: $4,000. (Average, $4,000)
Philadelphia, Nov. 11. — Eddie
Cantor's personal appearance at the
Earle, along with Rubinoff, sent the
gross skying to $31,000. It was the
smallest figure of his three personal
appearances in the last three years, but
everybody was satisfied. "One Excit-
ing Adventure" was the film.
"One Night of Love" continued its
spectacular second run career at the
Karlton, taking in $7,000, double the
usual gross for its second week. It
was held for a third week. "The Gay
Divorcee" took $13,500 at the Stanley
and stayed a second week.
Total first run business was $94,300.
Average is $82,060.
Estimated takings for the week end-
ing Nov. 8:
"TRANSATLANTIC MERRY-GO-
ROUND" (U. A.)
ALDIXE— (1.200), 40c-55c-65c, 10 davs.
Gross: $9,500. (Average, 6 days, $7,000)
"CHU CHIN CHOW" (Gaumont-British)
(Second Run)
ARCADIA— (600), 25c-40c-50c, 6 days.
Gross: $1,800. (Average. $2,400)
"DR. MONICA" (Warners)
BOYD— (2.400), 40c-55c-65c, 6 days. Gross:
$7,500. (Average, $12,000)
"ONE EXCITING ADVENTURE" (Univ.)
EARLE— (2,000). 40c-55c-65c, 6 days.
Stage: Eddie Cantor and Rubinoff. Gross:
$31,000. (Average, $12,000)
"GAMBLING" (Fox)
FOX— (3.000). 35c-55c-65c. 6 days. Stage:
"All American Revue." Gross: $12,500. (Av-
erage, $12,000)
"ONE NIGHT OF LOVE" (Col.)
(Second Run)
KARLTON— (1.000). 30c-40c-50c. 6 days,
2nd week. Gross: $7,000. (Average, $3,500)
"LITTLE FRIEND" (Gaumont-British)
LOCUST— (1,300), 40c-55c-65c, 9 days, 2nd
week. Gross: $6,000. (Average. 6 days.
$7,000)
"GAY DIVORCEE" (Radio)
STANLEY— (3,700). 40c-55c-65c, 6 days.
Gross: $13,500. (Average, $12,000)
"KANSAS CITY PRINCESS" (Warners)
STANTON— '1,700). 30c-40c-55c. 6 days.
Gross: $5,500. (Average. $6,000)
Order End of Utica Cuts
Albany, Nov. 11. — A reduced admis-
sion complaint filed by the Utica The-
atre, Utica, against Warners' Colonial,
that city, has been upheld by the griev-
ance board and a stop order issued.
Monday, November 12, 1934
"Happiness,"
Show Gross
$1 1,000, K. C.
Kansas City, Nov. 11. — Return o
combination vaudeville-film shows sen
the RKO Mainstreet's take to $1 1 ,CK K-
above par for combination bills b
$2,000. The screen feature was "Hap:
piness Ahead."
"Cleopatra" won the honors fo
straight film draws, handing the Publi:
Newman $8,700 in eight days, $1,00
better than average for the perkc
Total first run business was $38,30C
Average is $37,200.
Estimated takings :
Week Ending Nov. 1:
"HAPPINESS AHEAD" (F. N.)
MAINSTREET— (3,100), 25c-35c-45c (pit
tax), 7 days, plus Saturday late shoa
(First week of combination policy). Stage
The Rimacs, Bert Walton, Gypsy Nint
Lewis & Moore, Arthur Petley & O
Gross: $11,000. (Average, $9,000.)
"TRANSATLANTIC MERRY-GO-
ROUND" (U. A.)
MIDLAND-(4.000), 25c-40c. 7 days, pit
Saturday midnight show. Gross: S7.2V
(Average. $10,000.)
"CLEOPATRA" (Para.)
_ NEWMAN— (1,800). 25c-40c, 8 days, pit
Saturday midnight show. Gross: $8,70<-
(Average. 8 days. $7,700.)
"GREAT EXPECTATIONS" (Univ.)
TO\YER-(2,200), 25c-35c, 7 days. pit-
Saturday midnight show. Stage: "Halle
we'en Party," with Radio Aces, Bob La-
Salle &• Co., Lazier & Worth, Rochell
Bros., Bankoff & Cannon. Lester Hardiru
Gross: $6,000. (Average, $7,000).)
Week Ending Nov. 2:
"JUDGE PRIEST" (Fox)
UPTOWN— (2,000), 25c-40c, 7 days. 2n
week. Gross: $5,400. (Average, $3,500.) ,
"Divorcee" Is
Frisco Smash:
Gets$19,50C
San Francisco, Nov. 11. — "The Ga
Divorcee" was a $19,500 sensation a
the Golden Gate last week. It wa
held over and may get a third wreel-
Business elsewhere was just fair
with a dual, "One More River" an
"The Human Side," the only par at
traction at $9,000 in the Orpheum.
Total first run business was $93,50(
Average is $83,000.
Estimated takings :
Week Ending Oct. 30:
"GAY DIVORCEE" (Radio)
GOLDEN GATE— (2.800), 25c-36c-40c,
days. Stage, band. Gross: $19,500. (Av
erage. $13,000)
Week Ending Oct. 31:
"CASE OF THE HOWLING DOG"
(Warners)
"READY FOR LOVE" (Para.) ,
FOX— (4,600), 15c-30c-40c, 7 davs. Gross
$10,000. (Average, $11,000)
"MARIE GALANTE" (Fox)
"SIX-DAY BIKE RIDER" (Warners)
PARAMOUNT— (2,670), 15c-25c-55c-65c, 1
days. Gross: $10,000. (Average, $11,000)
"PECK'S BAD BOY" (Fox)
WARFIELD— (2.700). 25c-33c-55c-65c,
days. Gross: $21,000. (Average, $23,000)
Week Ending Nov. 1:
"ONE MORE RIVER" (Univ.) ,
"HUMAN SIDE" (Univ.)
ORPHEUM — (3,000). 15c-30c-35c-40c,
days. Gross: $9,000. (Average, $9,000)
"BARRETTS OF WIMP OLE STREET
(M-G-M)
ST. FRANCIS — (1.400), 15c-35c-55c,
days. Gross: $7,000. (Average, $8,000)
"THE LAST GENTLEMAN" (U.A.)
UNITED ARTISTS — (1.200), 15c-35c-55c '
7 days. 2nd week. Gross: $7,000. (Average
$8,000)
Bottom Drops
Out of Takes
In Pittsburgh
'Adventure,"
Cantor Lead
Philadelphia
The Leading
Motioir^
Picture
Industry
MOTION PICTURE
DAILY
Alert,
Intelligent
OL. 36. NO. 114
NEW YORK, TUESDAY, NOVEMBER 13, 1934
TEN CENTS
Vew Tax May
Mean IL S. to
Quit Berlin
0,000 Mark Levy Apt
To Prove Last Straw
Withdrawal of American companies
om Germany is a strong probability
nless a new tax of 20,000 marks
approximately $8,000) on all fea-
ires sent into that country is re-
uced or made non-effective.
Officially announced by the Reich's
ilm Chamber in Berlin yesterday and
nmediately flashed by wireless to
Iotion Picture Daily, first inkling
E this latest restrictive step on the
art of Wilhelmstrasse was conveyed
) foreign sales managers in New
ork by this paper.
Several foreign managers were
:unned by the news and, at the outset.
;fused to credit the information,
^hile all of them declined to talk for
ublication, their remarks, made in
rivate and independently of each
{Continued on page 2)
Argentine Planning
To Tax Profits 5%
Buenos Aires, Nov. 12. — The na-
lonal government here is forming
lans to collect a surtax of five per
ent on all dividends or other profits
emitted abroad by corporations op-
rating in the Argentine.
It will also collect five per cent on
he interest on all local bonds.
Finance Minister Pinedo has sent a
iill to Congress authorizing these
neasures.
Joyce Slashes
Para. Lawyers
To $370,000
Calls for $350,000 Cut in
Amounts Sought
Recommendations for the payment
of allowances aggregating approxi-
mately $370,000 for services rendered
in the Paramount Publix bankruptcy
proceedings are contained in the re-
port of Special Master John E. Joyce
which will be filed in U. S. District
Court here this morning.
Joyce's recommendations represent
reductions totalling about $350,000
from the original applications for al-
lowances filed by the Paramount trus-
tees, their counsel. Root, Clark, Buck-
ner & Ballantine, additional special
counsel and accountants. The total of
allowances asked was approximatelv
$720,000.
The Root, Clark, Buckner & Ballan-
tine application for an allowance of
(Continued on page 4)
Philadelphia Indie
Starts Ad Letters
Philadelphia, Nov. 12. — The
}rant in the West Philadelphia dis-
rict, is the first independent neigh-
)orhood theatre to follow the Stanley-
iVarner system of film classification.
Et is using the "A" and "F" designa-
:ion in its directory ads in the Phila-
lelphia newspapers.
It is believed that many of the
nther 60 neighborhoods who appear in
he Evening Ledger directory, will fol-
low suit.
Poster Men Discuss
Plans for New York
Eastern executive committee of the
National Poster Protective, Ass'n., Inc.
held a secret meeting last week at the
New Yorker to discuss plans under
way for branching out into other
fields. About 12 attended.
While no action was taken, the com-
mittee men returned to their respect-
ive territories to give further study-
to the ideas in mind. It is understood
that another meeting is slated either
late this week or next which will be
attended by representatives from all
over the country- Strict secrecy is
being kept on anticipated moves.
Selznick Replies to
Resignation Report
Hollywood, Nov. 12. — Reports that
he would leave M-G-M upon comple-
tion of his contract with the studio to
become associated with John Hay
(Continued on page 2)
That Makes It 20
Hollywood, Nov. 12. — One
of the Hollywood writers ap-
proached a literary agent and
asked him if he charged the
usual 10 per cent commission
for selling a story. The agent
said: "Yes, I charge the
usual 10 per cent, but in ad-
dition I charge 10 per cent
for storage while your manu-
script is in my office."
K. C. on Edge
About Moves
On Clearance
Kansas City, Nov. 12. — If Campi
at tomorrow's session orders modifi-
cation of Kansas City's clearance
schedule, as appears likely, the action
is expected to cause an upheaval
among some exhibitors who have al-
ready contracted for new product.
The reason is practically everyone
here was so confident the new plan
would receive Campi's O. K. that many
subsequents, who are directly affected,
entered into contracts with the new
schedule incorporated. Exhibitors be-
lieve that in event the clearance set-
up is rejected or changed, this would
void their contracts.
Because new season product is be-
ginning to fall due at the subsequent
runs and last year's pictures will have
(Continued on page 4)
K. C. Giveaway Ban
Ends; Plan New Poll
Kansas City, Nov. 12. — The griev-
ance board today lifted the ban on
premiums in effect since Oct. 27 in
a six-county area, including Greater
Kansas City, when it dismissed com-
plaints brought by Fox Midwest
against the Baltis, Roanoke and Cen-
tral, local independent theatres,
charging violation of the restriction.
The decision held the unaffiliated
exhibitors' petition asking for the ban
(Continued on page 4)
"Widow's" 4-Week
Gross Is $55,600
Four weeks at the Astor on a two-
a-dav policv netted "The Merry
Widow" a total of $55,600. For the
first three weeks the tally was $47,919
and the last week's gross figured at
(Continued on page 2)
Cohen, Happy, Sees New
Para. Setup in Fortnight
Kent Sails
On Fox Sale
Of G-B Stock
Move Seen Paving Way
For BIP Deal
Sidney R. Kent, Fox president,
sailed unexpectedly for London Friday
night on the Aquitania. The trip is re-
liably understood to have a bearing on
a sale of Fox Film holdings in Gau-
mont British, which is again being
linked by London insiders in a deal
with John Maxwell of British Interna-
tional.
Radio dispatches from England, out-
lined in the Insiders' Outlook column
in Motion Picture Daily yesterday,
pointed out Kent has placed a price of
$3.75 a share on his company's stock in
Industrial and Bradford Trust, Ltd.,
holding company of G-B, and that one
of the stumbling blocks in a sale has
developed over inability so far to reach
a middle ground ©n the trading value
of the block.
Kent's sudden departure for London
is construed as indicating a deal for
sale of Fox Film's 49 per cent in-
terest in G-B is anything but remote.
Hollywood, Nov. 12. — "I am happy
to find that reorganization of Para-
mount has reached the final stages
with actual plans to be announced
within a fortnight," declared Emanuel
Cohen upon his arrival from New
York. In Albuquerque, he merely told
Motion Picture Daily reorganiza-
tion would bring about no change in
(Continued on page 4)
Cosmopolitan List
Cut; Time Lacking
Cosmopolitan will not make its an-
nual quota of six, which usually in-
cludes two starring Marion Davies,
because of a lack of time in the cur-
rent releasing season, said E. B. Hat-
rick, Hearst representative in Cosmo-
politan, on his arrival in New York
from the west yesterday.
Production plans are still indefinite,
Hatrick continued, but he expects to
iron out all the details in conferences
in New York, where he will remain
until Jan. 1 when the new Warner
agreement becomes effective. Produc-
(Continued on page 4)
NRA Holds Serials
Not Short Subjects
Washington, Nov. 12. — Holding
that instalments of serials are not
short subjects within the meaning of
the term as used in that paragraph
of the code limiting the proportion
of shorts a distributor may require an
exhibitor to purchase in contracting
for features, the NRA today ruled, in
a code Interpretation asked for by
Campi, that exhibitors may not in-
clude serial instalments in computing
the number of shorts they may be
required to purchase.
MOTION PICTURE
DAILY
Tuesday, November 13, 1934
MOTION PICTURE
DAILY
(Registered U. S. Patent Office)
Vol. 36
November 13. 1934
No. 114
Martin Quigley
Editor-in-Chief and Publisher
MAURICE KANN
Editor
JAMES A. CRON
Advertising Manager —
Published daily except Sunday and holi-
days by Motion Picture Daily, Inc., sub-
sidiary of Quigley Publications, Inc.,
Martin Quigley, President; Colvin Brown,
Vice-President and Treasurer.
Publication Office: 1790 Broadway, New
York. Telephone Circle 7-3100. Cable ad-
dress "Quigpubco, New York.'; All con-
tents copyrighted 1934 by Motion Picture
Daily, Inc. Address all correspondence to
the New York Office. Other Quigley pub-
lications: MOTION PICTURE HERALD,
BETTER THEATRES, THE MOTION
PICTURE ALMANAC and THE CHI-
CAGOAN. ^ -
Hollywood Bureau: Postal Union Lite
Building, Vine and Yucca Streets, Victor
M. Shapiro, Manager; Chicago Bureau: 407
South Dearborn Street, Edwin S. Clif-
ford, Manager; London Bureau: Remo
House, 310 Regent St., London, W. 1,
Bruce Allan, Representative. Cable address:
"Quigpubco, London"; Berlin Bureau:
Berlin - Tempelhof , Kaiserin - Augustastrasse
28 Joachim K. Rutenberg, Representative;
Paris Bureau: 19, Rue de la Cour-des-
Noues, Pierre Autre, Representative; Rome
Bureau: Viale Gorizia, Vittorio Malpassuti,
Representative; Sydney Bureau: 102 Sus-
sex Street, Cliff Holt, Representative; Mex-
ico City Bureau: Apartado 269, James
Lockhart, Representative; Glasgow Bureau:
86 Dundrennan Road, G. Holmes, Repre-
sentative; Budapest Bureau: 3, Kaplar-u,
Budapest, II, Endre Hevesi, Representa-
tive; Moscow Bureau: Civtzev Vrazhek,
N. 25, Apart. 146, Moscow, U. S. S. R.,
Bella Kashin, Representative. Cable ad-
dress: "Samrod, Moscow."
Entered as second class matter, January
4, 1926, at the Post Office at New York
City, N. Y., under Act of March 3, 1879.
Subscription rates per year: $6 in the
Americas, except Canada $15 and foreign
$12. Single copies: 10 cents.
Schlaifer Cheerful
Over N. E. Selling
Optimistic over the reception given
Gaumont British pictures by exhibi-
tors, L. J. Schlaifer, sales manager for
the company, has returned from New-
England where he closed several first
run deals. Among contracts signed
are Abraham Goodie's first run in
Portland, Me., and Joseph Levinsons
houses in Quincy, Brookline, Attle-
boro and Worcester, Mass.
Schlaifer plans to make another trip
to an eastern exchange center shortly.
George Weeks, general sales man-
ager, plans to leave Los Angeles in
a few days. From there he goes to
San Francisco, Portland, Seattle and
a number of other key centers before
hitting home ground. He'll return to
New York around Dec. 1.
Open New House Dec. 10
London, Nov. 12. — Gaumont British
will open the New Gaumont Palace,
Chelsea, Dec. 10.
Bernerd Sails Shortly
London, Nov. 12. — (By Cable) —
Jeffrey Bernerd, general manager of
Gaumont British, plans to sail for
New York on the Olympic Nov. 21.
Gould to Do Routines
Hollywood, Nov. 12. — Dave Gould
has been signed by Darryl F. Zanuck
to do the dance routines for "Folies
Bergere de Paris."
MOTION PICTURE DAILY*
HOLLYWOOD PREVIEW
"The President Vanishes"
(W 'anger Prod. — Paramount)
Hollywood, Nov. 12. — Walter Wanger's first independent venture,
striking again in the direction of "Washington Merry-Go-Round" and
"Gabriel Over the White House," courageously dares a highly contro-
versial subject with drama and romance set around it.
Provocatively different, the production combines front page world
events, personalizes international munition "gangsters," another shirt
organization, gigantic forces striving for war and peace, secret service
operations, Washington intrigue, aspirations of striking workers, Com-
munists and Fascists, revealing selfish and unselfish motives all bouncing
in staccato ticker tape fashion.
A ring composed of an oil baron, a steel king, a chain publisher, an
ex-judge and a lobbyist, bent on profits and using the Gray Shirts for
What the Symbols Mean
Reviews classified with a "G" are regarded as suitable for
general entertainment.
Those with an "A" are regarded as suitable for adult enter-
tainment.
a strong arm, conspire to make the country enter a war, using a manu-
factured slogan, "Save Our Country's Honor." When the news breaks
that the President is kidnapped, the gang is stymied as national attention
is switched from the international conflict to the hunt for the Chief
Executive.
The imposing cast includes Edward Arnold, Arthur Byron, Paul
Kelly, Peggy Conklin, Andy Devine, Janet Beecher, Osgood Perkins,
Sydney Blackmer, Edward Ellis, Irene Franklin, Charles Grapewin,
Rosalind Russell and others.
William Wellman directed from the screen play by Cary Wilson and
Cedric Worth. Barney McGill's good photography is aided by fine mon-
tage work. Hugo Riesenfeld's music augments it.
Being a blend of the melodramatic plus propaganda, the film has show-
manship values of an exciting central theme and thought-provoking
realities.
Bound to stir plenty of talk, the production bids fair to give itself a
flying start at the box-office. Previewed without production code seal.
Running time, 85 minutes. Classification : "G."
Selznick Replies to
Resignation Report
(Continued from page 1)
Whitney were met by David O. Selz-
nick today with the statement that
he had no idea what course he would
follow when the agreement expired on
Feb. 1. Although he would not com-
mit himself on the report mentioning
his name with that of Whitney, the
two have been known to confer on
every one of the latter's visits to the
coast.
At present Selznick is finishing
"David Copperfield," with "Vanessa,"
"Reckless," and "Piccadilly Jim" in
work. Following these he is slated
to produce "A Tale of Two Cities."
"Hell Afloat," "The Brave Live On"
and "Anna Karenina." It is problem-
atical whether all can be completed
by the time his contract expires, al-
though he is working to that end.
Stays at Gen'l Service
Hollywood, Nov. 12. — Walter
Wanger Prod, has signed a new con-
tract to remain at General Service
studios for the balance of its program.
The company has completed only
"The President Vanishes" in its pro-
gram of six films. Jay Paley flies east
tomorrow with a print of this pic-
ture, for which he will arrange Par-
amount bookings.
Columbia to Confer
On Capra's Latest
Columbia is so excited over preview
reactions to Frank Capra's "Broadway
Bill" that all eastern branch managers
have been summoned to New York
for conferences Friday and Saturday.
The gathering will be held at the St.
Moritz. Abe Montague, general sales
manager, will preside and sales, ad-
vertising and exploitation will be dis-
cussed.
Among those to attend will be: Mon-
tague. Joe McConville, Rube Jackter, Lou
Weinberg. Lou Astor, J. W. MacFarland,
Abe Schneider and Herschel Stuart of the
home office; I. H. Rogovin. New Haven
manager; T. F. O'Toole, Boston; C. N.
Johnson. Albany: H. E. Weiner, Philadel-
phia; S. A. Galanty. Washington; A. H.
Levy. Pittsburgh; Joe Miller, Buffalo; Nat
Colin and E. Schnitzer. New York; A. S.
Moritz. Cincinnati; H. C. Bissell. Cleve-
land; C. H. Shalit. Detroit, and M. Solo-
mon, Indianapolis.
Similar conferences will be held in
the middle west and south.
Cohn Sails Tomorrow
Genoa, Nov. 12. — Jack Cohn,
vice-president of Columbia, sails on the
Contc de Savoia Wednesday, arriving
in New York Nov. 20.
Derr, Sullivan Here
E. B. Derr and Charles Sullivan,
partners in Derr-Sullivan Prod., are
in New York from Hollvwood.
New Tax May
Mean IL S. to
Quit Berlin
(.Continued from page 1)
other, hit it off in complete unanimity.
Typical of the comment was :
"This looks like the last straw. This
move appears to be a deliberate step
to crowd us out of that market which
is O.K. with us. We can't get our
money out of Berlin anyway, so what's
the difference?"
Universal some months ago disposed
of its German business. Warners are
virtually out of the market, having
been in the process of liquidation since
the early days of the Hitler regime.
One opinion maintained the German
decree was influenced by the action of
the Czech Government in nearby
Prague. Fear was expressed that the
Berlin decision may influence indenti-
cal action on the part of neighboring
nations, such as Austria and Hungary.
Berlin Representatives Disturbed
Berlin, Nov. 12 (By Wireless).—
The most drastic blow so far struck at
American films in Germany is seen by
resident representatives of American
companies in today's decree of thfe
Reich's Film Chamber in imposing a
uniform import tax of 20.000 marks
(approximately $8,000) on imported
features. The previous tax ran be-
tween 4,000 and 5,000 marks, thereby
marking up the new scale as an in-
crease of about 400 per cent.
The new permit system merely guar-
antees entry into Germany of pictures
made abroad, but in no wise restricts
the activities of the German censor
board which may reject any picture
after entrv.
"Widow's" 4-Week
Gross Is $55,600
(Continued from page 1)
$7,690. The picture opens at the
Capitol Friday.
"365 Nights in Hollywood" at the
Mayfair garnered $9,500. "The First
World War" at the Rialto ends its
week Wednesday and the gross will
probably run around $21,000, which is
double normal business.
In Brooklyn last week, takes were
only fair. "Mrs. Wiggs of the Cab-
bage Patch" took in a weak $14,500;
"Peck's Bad Boy" at the Roxv was
good at $16,000; "Du Barry" off at
$9,000 at the Strand. "Power" at the
Fox this week is holding up unusually
well, according to the management.
"Transatlantic Merry-Go-Round" at
the Rivoli in 10 davs tallied about
$35,000.
Bishops to Meet
Washington, Nov. 12. — One hun-
dred and four bishops, representing all
Catholic dioceses in the United
States, are assembling here for a four-
day conference beginning Tuesday.
The conference will be held at the
Catholic LTniversitv.
Change in Loew Meeting
Annual meeting of Loew's, Inc., has
been changed from Dec. 11 to the sec-
ond Tuesday in December, effective in
1935. Stockholders of record on Nov.
17 mav vote.
onde... brunette... and red heads! One hundred honeys who make up the world's most
rgeous song, dance and cheering section in any college stadium ! They're the babies who cheer
d get cheered in Par amount's musical romance of fun and football in and out of college!
COLLEGE RHYTHM"
)E PENNER • LANNY ROSS • JACK 0AKIE • HELEN MACK
rDA ROBERTI • MARY BRIAN -GEORGE BARBIER mUmimmamMh
Paramount Picture directed by Norman Taurog with plenty of words and lots of music by Gordon & Revel
4
MOTION PICTURE
DAILY
Tuesday, November 13, 1934
Cohen, Happy, Sees New 4 Purely
Para. Setup in Fortnight Personal ►
K. C. on Edge
About Moves
On Clearance
(Continued from page 1)
been exhausted in six weeks or so, the
trade is wondering what is going to
happen. The understanding prevails
the schedule will hold until the modi-
fications ordered by Campi become ef-
fective.
W. D. Fulton, who heads a group
of independents protesting the pro-
posed schedule, has wired Campi ob-
jecting to the action of exchanges in
making the new plan effective before
approval by the higher body. His
wire stated this action automatically
denies the exhibitors' right of appeal,
that subsequents are out of last year's
product and an immediate decision is
vitally imperative.
Fulton claims the exchanges' posi-
tion is that since no clearance has been
approved by Campi, they can sell
under their own provisions until a
schedule is definitely set, in which
event any plan finally adopted will
supersede terms written into pacts.
All companies are understood using
the new clearance setup for Kansas
City and the clearance territory. An
exception is two nictures on M-G-M's
1934-35 list which had a first run at
the Midland at 25 cents early this
season.
Little Chance Seen for Plan
That Campi will adopt the Kansas
City schedule today at its special meet-
ing is given little hope by a number
of distributors who point to prices as
a clearance guide as one of the princi-
pal objections. Exchange interests feel
that protection is a matter of barter
and trade and the code cannot take
this away from distributors.
Exhibitors, however, feel that this
objection is minor for three reasons:
1 : How much is the exhibitor
charged ?
2 : How much does he charge at
the box-office?
3 : How long will these prices
be charged?
Theatre men hold that admissions
as a yardstick for clearance is only
one of the 12 principles evolved re-
cently by the clearance and zoning
committee for setting up schedules.
That protests to one of the 12 points
should hold up national zoning is held
absurd by them.
K. C. Giveaway Ban
Ends; Plan New Poll
(Continued from page' 1)
bore an insufficient number of signa-
tures since six exhibitors who voted
against premiums later requested their
names be withdrawn — a request which
the board declared it should have hon-
ored at the time. The board's ruling
will necessitate a new poll.
Premium proponents were ready to
take their fight to the Federal courts
if the board upheld the ban.
Pollak, Stage Producer
Joe Pollak, one of the founders of
National Screen Service and long its
president, is taking a flyer in stage
production and already has "All
Rights Reserved," current at the Ritz,
on his roster. "Lola," a German play,
is next.
Joyce Slashes
Para. Lawyers
To $370,000
(Continued from page 1)
$350,000 was reduced to $225,000 and
those of the trustees, Charles D.
Hilles, Eugene W. Leake and Charles
E. Richardson, aggregating $300,000,
were reduced to an aggregate $97,-
000. In recommending the latter al-
lowance Joyce ruled that the provi-
sions of the bankruptcy law restricting
the allowances of trustees to two per-
cent of the moneys paid out by them
on behalf of the bankrupt estate
should prevail in this instance.
Joyce had permitted a re-argument
on this point late last month. Counsel
for the trustees contended that the
provision need not prevail as, in the
meantime, Paramount had filed for re-
organization under Section 77-B, the
newly enacted bankruptcy legislation
which stipulates that the court may
fix fees for trustees which appear rea-
sonable and proper. Counsel for
Paramount creditor groups opposed
this view. Joyce's ruling is reported
to be the first to be handed down on
this point since enactment of Sec-
tion 77-B.
Joyce recommended an allowance
of $3,500 for Rosenberg, Goldmark &
Colin, counsel for Paramount Publix,
as compared with the $7,500 asked.
He recommended $10,000 to Barrow,
Wade, Guthrie & Co., special account-
ants employed by the trustees, in place
of the $21,870 asked, and $10,000 to
Price, Waterhouse & Co. in place of
the $15,228 asked by this accounting
firm.
Virtually all other allowances and
disbursements asked which were uni-
formly in smaller amounts, were rec-
ommended by Joyce as petitioned. The
allowances are for services and dis-
bursements rendered after the end of
Paramount's equitv receivership in
April, 1933. up to June 16, 1934,
when the company became a debtor
corporation for reorganization under
77-B.
Joyce's recommendations will be
considered by the district court after
a hearing on Nov. 21. Further re-
ductions in some of the allowances
are considered likely at that time.
Beat Made a Director
Hollywood, Nov. 12.— When Kurt
Neumann, directing "Straight From
the Heart'' at Universal, was injured
by a fall, the studio assigned his as-
sistant, Scott Beal, to take Neumann's
place until he could resume his du-
ties. Executives, pleased with Beal's
work and finding that Neumann would
not be able to return for several
weeks, definitely assigned Scott to
finish the picture for which he will
receive a director's salary and credit.
Ben F. Zeidman, producer, has
signed Scott to a long term contract
as a director. Beal won this year's
Academy award as the best assistant
director.
(Continued from page 1)
the production setup and would keep
Adolph Zukor as president of the com-
pany. He became more definite as he
traveled west, however, and named the
above date.
On the other hand, Cohen was some-
what perturbed by the local publica-
tion of sensational rumors linking his
name with Cecil B. DeMille's in a
plan to assume control of production.
"There have been so many silly
rumors printed in the last few months
that, if all were clipped together and
read in continuity, we would all be
doing somersaults trying to keep track
of the actual course Paramount is fol-
lowing during its reorganization."
Commented DeMille :
"The published story of the deep-
dyed, almost blood-curdling plot to get
control of Paramount production is
another ridiculous rumor. The same
silly reports have made me head of
production three times this year which
is a job I do not want. PossibK"
these rumors cropped up when, on
hearing other reports that there were
some insidious attacks on the studio
and on Cohen, I approached the Para-
mount trustees and bankers and gave
them my opinions on Cohen. That's
as far as I went."
In the meantime, the studio is "burn-
ing"' over the local publication which
ran the alleged Cohen-DeMille "coup."
The Paramount production staff
staged a real surprise "welcome home"
party for Cohen at his home last night
and brought their own food.
Zukor Stays in New York
Adolph Zukor has no immediate
plans for returning to Hollywood, but
will remain in New York.
Cosmopolitan List
Cut; Time Lacking
(Continued from page 1)
tion will start after the first of the
year.
M-G-M is now releasing "Evelyn
Prentice," the la-st Cosmopolitan to be
made under its banner.
Hatrick also dispelled rumors that
"Movie Queen" and "Marie Antoi-
nette" might be Davies vehicles, saying
that thev were the propertv of
M-G-M.
Warner Zone Heads
Gather Here Today
Zone managers of Warner Theatres
will hold their quarterly meeting to-
day at the home office. Joseph Bern-
hard, general manager of Warner the-
atres, will preside.
Among those who will attend the
session are : I. J. Hoffman, J. Stewart
MacDonald, Moe Silver, Clayton
Bond, Ted Shlanger, Mort Blumen-
stock, Lester Krieger and Frank
Phelps, all from the home office.
From the field : Tames Coston, Chi-
cago; Nat Wolf, Cleveland; B. E.
Hoffman, New Haven ; Don Jacocks,
Newark ; Lou Lazar, Albany ; Leon-
ard Schlesinger, Philadelphia ; Harry
Kalmine, Pittsburgh ; J. J. Payette,
Washington ; David E. Weshner, Mil-
waukee ; Herbert Copeland, Atlantic
City, and Howard Waugh, Memphis.
SI SEADLER and Oscar Doob hat
a hectic time in Hollywood, bu 1
it was all business. They spent mos I
of their time in the projection roon ]
looking at new M-G-M product. J
Ian Hunter, English stage anc-<|
screen actor, is expected to arrive oi |
the coast shortly to report to WarJ
ners.
Sam Briskin is on the way bad*
to Hollywood via the Canal. Thrl
original sailing date was today, bu1
he sailed Saturday.
Howard S. Cullman leaves toi
Washington tonight to attend confer-
ences on unemployment insurance
legislation.
David Loew returns from White
Sulphur Springs either tomorrow ci
Thursday.
Pittsburgh Ad War
Brought to An End
Pittsburgh, Nov. 12. — After i
seven-month war, during which botr
Loew's and Warners have taken onl)
three inches of space on the regular
display days, the two theatre circuit;
have made peace with the Pittsburgh
Sun-Telegraph, and they return tc
regular schedules this week. Nobod>
would say what concessions, if any
were made.
Since last May, the Sun-Telegraph
has received only directory space
while the Post-Gazette, the morning
daily, has had its allotment doubled
with the Press, another afternoon, cut
to half that of the Post-Gazette.
Flash Reviews
Wednesday's Child— . . . adult fare
. . . although there is nothing offen-
sive in any of its situations nor in*
their handling. . . .
The Man of Courage — While this
film tribute to Mussolini . . . seem-
heading for a boisterous reception
from those of Italian blood, it is
hardly likely it will stir the ordinary
picture audience more than mildly.
These films will be reviewed in full in a
later issue of Motion- Picture Daily.
U. A. Claims Record
United Artists claimed "Kid Mil-
lions" broke a record standing four
years at the Rivoli when the Cantor
picture played to 30,000 patrons Sat-
urday and Sunday. "We Live Again"
at the Music Hall drew 50,000 paid
admissions in those two days, the com-
pany claimed. This is the second week
for the Sten film.
Johnston Returns Soon
W. Ray Johnston, president of,
Alonogram. is due from Hollywood by
plane either Thursday or Friday. He
is conferring with Trem Carr. vice-<
president in charge of production, on
new pictures and also laying out pre-
liminary plans for the next annual con-
vention in Hollywood in March.
Barsky on Way East
Hollywood, Nov. 12. — Bud Barsky
is on his way east enroute to London
to look over possibilities to establish
an independent producing organization
there.
The Leading
Motio
Picture
Industry
MOTION PICTURE
DAILY
Alert,
Intelligent
the I
in All
Branches
)L. 36. NO. 115
NEW YORK, WEDNESDAY, NOVEMBER 14, 1934
TEN CENTS
judington Is
Earned Head of
st Div. Prod.
ompany to Start First
Of Eight in January
Nicholas S. Ludington, who, with
illiam Fiske, III, recently bought a
avy interest in First Division Ex-
anges, has been elected head of First
vision Prod., new producing affiliate.
Other officers are : Vice-president
d producer, Henry Hobart ; vice-
esident and treasurer, John Curtis ;
re-president, William Fiske, III ;
rretary, Frank Look.
Eight pictures are planned, accord-
l to the company announcement,
th the first scheduled to start about
t first of the year.
Curtis, Look and Hobart will fly to
t coast soon to arrange for studio
{Continued on page 11)
our Features, 12
Shorts Given Seals
Hollywood, Nov. 13. — Four features,
shorts and three serial episodes re-
ived certificates from the Produc-
in Code Administration from the
riod of Oct. 28 to Nov. 7.
Warners head the list with three
itures and one short ; Radio, one
d one ; Universal, two shorts and
ree serial episodes ; Columbia and
(.Continued on page 11)
azarus, Back, Says
West Is Picking Up
Paul Lazarus, United Artists sales
ecutive, arrived at the home office
sterday after a seven weeks' tour of
changes through the west and Can-
a.
Lazarus will remain here indefinitely
d plans no other trips at the present
ie, Conditions were very encour-
ing throughout the whole country,
said yesterday, and a continued im-
jvement is to be looked for.
IPTO in Washington
Reelects Brylawski
Washington, Nov. 13. — A. Julian
•ylawski, nine times president of the
. P. T. O. unit here, was reelected
ain today along with the remainder
last year's executives.
They are: Vice-President, Sidney
Lust; secretary, Nat B. Browne;
easurer, William B. Herbst ; execu-
te committee, Charles H. Olive, J.
(Continued on page 11)
Expect Catholic Bishops Will
Approve Continued Film Watch
Washington, Nov. 13. — Continual watch to see that films main-
tain the standards which they have reached as a result of the
Legion of Decency drive is expected to be one of the recommen-
dations of a report to be submitted to a conference of 70 Catholic
bishops now under way here.
The report will come from a special committee appointed last
year. It will be presented tomorrow.
While the conference is executive, it was indicated that the
committee has watched the campaign against alleged indecent
pictures and is impressed with the power of public sentiment
in eliminating undesirable factors. It is anticipated that the re-
port will stress this point and comment favorably upon the re-
sults achieved in last summer's campaign. It is not expected
that continuance of the campaign will be recommended, but
that, rather, the church organizations will continue to watch pic-
tures to see that the industry's promises are fulfilled.
Equity Decides to Allow
Guild to Get Own Charter
Screen Actors' Guild will become a
chartered unit of the Associated Act-
ors & Artistes of America, rather than
an affiliate of Actors' Equity Ass'n.,
under plans furthered yesterday at
an Equity council meeting attended by
Kenneth Thomson, Guild secretary,
and Laurence W. Beilenson, counsel
of the Screen Writers' Guild.
The Equity council voted not to
oppose the Guild's application to the
A. A. A. A. for a charter cover-
ing the film field. The A. A. A. A.
is the international actors' organiza-
tion which exercises jurisdiction over
the entire amusement field for the
American Federation of Labor.
Issuance of a charter to the Guild
would place it on a par in A. F. of L.
(.Continued on page 4)
ITO A Move to Join
Allied Is Up Again
A move is on again to affiliate the
I. T. O. A. with Allied. A commit-
tee, headed by Dr. Leon Greenfield,
who operates the Gloria and Paras-
Court in Brooklyn, has been named
to study the matter. A report is ex-
pected at today's meeting.
Allied executives approached on the
anticipated affiliation reported no
knowledge of it. I. T. O. A. and Al-
lied headquarters are adjacent to
each other at the Lincoln.
The move to join Allied was sug-
(Continued on pane 111
Samuelson Fails to
Discuss Law Plans
Sidney Samuelson's promise to give
members of Allied of New Jersey the
lowdown on legislative plans of the
national association didn't materialize
yesterday at the regular meeting of
the unit.
Aside from discussing the local film
problem, percentages and preferred
playing time, nothing of importance
came up except for the announcement
(Continued on page 11)
See Further Delay
On Para. Bank Suit
Further postponement of the Para-
mount Publix trustees' action against
the $13,200,000 creditor bank group is
anticipated at the hearing scheduled
for today before Federal Judge Alfred
C. Coxe, due to the still incomplete
status of the reorganization plan fos-
tered by the principal Paramount cred-
itor, debenture and stockholder groups.
Pressing of the trustees' action for
a preliminary examination of officers
of the creditor banks as to details
of the $13,200,000 Film Productions
(Continued on page 11)
RKO-Skouras Dicker
On Theatre Shifts
Negotiations are under way between
RKO and Skouras whereby the
former will turn over to Skouras the
Embassy, Port Chester, and Strand,
Rockville Center, L. I.
Skouras had a deal on to take over
the two houses, recently acquired by
RKO in its local acquisition drive, at
the time of the product settlement be-
tween Loew's and RKO. The deal at
the time failed to materialize.
Clearance Is
Sent Back to
Kansas City
Schaefer, Golden Going
To Confer on Changes
After spending an entire day dis-
secting the Kansas City clearance and
zoning plan, Campi yesterday returned
the plan to the local code board and
exhibitors for modification. That this
would be the case was exclusively re-
ported in Motion Picture Daily on
Nov. 9.
George J. Schaefer, chairman of the
national clearance and zoning commit-
tee, and Edward Golden, alternate for
W. Ray Johnston, independent Campi
member, were appointed yesterday as
a committee of two to visit Kansas
City and try to straighten out the
weak spots. They leave today and will
hold sessions with the K. C. code
board and local exhibitors on Friday
and Saturday. Schaefer and Golden
will report back to Code Authority at
its meeting on Nov. 22.
Schaefer presided at yesterday's ses-
sion and the fact that he elected him-
self as one of the two men to go to
(Continued on page 4)
K. C. Hails Mission
Of Schaefer, Golden
Kansas City, Nov. 13. — That the
dispatching of George J. Schaefer and
Edward Golden to this city by Campi
is a good move which will probably re-
sult in ironing out differences between
the Authority and the local clearance
and zoning board was the consensus
of opinion of members of the latter
group today.
Information received here is under-
stood to be to the effect Campi favors
geographical zoning instead of clear-
ances based on admissions, as cham-
pioned here. It is believed the
(Continued on page 4)
Harry Shaw to Run
Loew's Poll Group
New Haven, Nov. 13. — Harry
Shaw is taking over the supervisory
reins of Poli in New England and
Louis Sagal will have charge of union
matters and leases under a revised
setup of the circuit made by Loew's
home office executives.
Shaw is Loew's man and Sagal rep-
resents Sylvester Z. Poli. Several
other changes in the managerial line-
ups have been made and are now in
effect.
MOTION PICTURE
DAILY
Wednesday, November 14, 1934
MOTION PICTURE
DAILY
(Registered U. S. Patent Office)
Vol. 36
November 14, 1934
No. 115
Martin Quigley
Editor-in-Chief and Publisher
MAURICE KANN
Editor
JAMES- A. CRON
Advertising Manager
Published daily except Sunday and holi-
days by Motion Picture Daily, Inc., sub-
sidiary of Quigley Publications, Inc.,
Martin Quigley, President; Colvin Brown,
Vice-President and Treasurer.
Publication Office: 1790 Broadway, New
York. Telephone Circle 7-3100. Cable ad-
dress "Quigpubco, New York." All con-
tents copyrighted 1934 by Motion Picture
Daily, Inc. Address all correspondence to
the New York Office. Other Quigley pub-
lications: MOTION PICTURE HERALD,
BETTER THEATRES, THE MOTION
PICTURE ALMANAC and THE CHI-
CAGOAN.
Hollywood Bureau: Postal Union Lite
Building, Vine and Yucca Streets, Victor
M. Shapiro, Manager; Chicago Bureau: 407
South Dearborn Street, Edwin S. Clif-
ford, Manager; London Bureau: Remo
House, 310 Regent St., London, W. 1,
Bruce Allan, Representative. Cable address:
"Quigpubco, London"; Berlin Bureau:
Berlin - Tempelhof, Kaiserin - Augustastrasse
28, Joachim K. Rutenberg, Representative;
Paris Bureau: 19, Rue de la Cour-des-
Noues, Pierre Autre, Representative; Rome
Bureau: Viale Gorizia, Vittorio Malpassuti,
Representative; Sydney Bureau: 102 Sus-
sex Street, Cliff Holt, Representative; Mex-
ico City Bureau: Apartado 269, James
Lockhart, Representative; Glasgow Bureau:
86 Dundrennan Road, G. Holmes, Repre-
sentative; Budapest Bureau: 3, Kaplar-u,
Budapest, II, Endre Hevesi, Representa-
tive; Moscow Bureau: Civtzev Vrazhek,
N. 25, Apart. 146, Moscow, U. S. S. R.,
Bella Kashin, Representative. Cable ad-
dress: "Samrod, Moscow."
Entered as second class matter. January
4, 1926, at the Post Office at New York
City, N. Y., under Act of March 3, 1879.
Subscription rates per year: $6 in the
Americas, except Canada $15 and foreign
$12. Single copies: 10 cents.
Report Roxy Set on
Mastbaum Operation
Philadelphia, Nov. 13. — S. L.
(Roxy) Rothafel is set to operate the
Mastbaum for Warners on a reported
90-day trial agreement. Under the
reported deal, Rothafel will get $1,000
a week against a percentage of the
profits. It is understood Roxy claims
a new idea for stage shows which he
will try at the house.
Also reported is that the ban on
Sunday shows may be lifted shortly.
Efforts to check the Philadelphia
report with Joseph Bernhard, in
charge of Warner theatre operations,
were unavailing yesterday. Bernhard
was in a zone managers' meeting and
could not be disturbed.
Al W. Gillis Killed
Seattle, Nov. 13.— Al W. Gillis,
agent and well-known manager here,
was fatally injured by an autoist. He
died a few hours after the accident
without regaining consciousness. Ac-
cording to the driver's report to police,
Gillis had evidently been struck by a
passing car and was lying in the
street when the second car hit him.
Rapaport Loses Father
Jack Rapaport, Paramount manager
in Cuba, is flying here from Havana to
attend the funeral today of his father,
who died suddenly Monday.
Insiders' Outlook
HP HE merits of the who and
* what in the patent situation
have yet to be determined. What
worried some of your best known
executives until it was deter-
mined a few days back was the
refusal of the United States Su-
preme Court beyond which there
is no legal redress to review the
findings of the lower Federal
court on the American Tri-
Ergon claims. Infrequently has
that august, black-robed body of
eminent jurists reversed itself,
yet it has done exactly that in
this instance. . . .
T
Another way of putting it
would be to say that the door,
once slammed shut and bolted, is
now merely shut. Or, stretching
a point, slightly ajar. Who owns
the double printing and flywheel
patents may remain to be seen,
but at least, the issue is to be
ventilated again. That sets Bill
Fox back a peg or two. It also
makes the majors breathe easier,
hold fewer meetings at the Hays
office, and by the same token,
permits a more normal conduct
of routine business. . . .
T
Indicative of how the wind
has shifted is the understand-
ing, based on something beyond
elevator gossip, that Erpi is no
longer so avid about the fly-
wheel substitute in its reproduc-
ing equipment. This is not to
say, or to imply for that matter,
that the subject is not rating and
getting serious consideration, for
it is. But, the dopesheet indi-
cates no more substitutions are
being installed beyond the sev-
eral now being tried out in
Northern Jersey theatres. . . .
▼ _
How Erpi feels in the matter is
identical with the reactions of its
licensed companies and that, in
turn, means some big fellows like
Metro, Paramount, Fox, U. A.,
Columbia, Universal and Warn-
ers. All reactions being relative,
you'd be surprised to learn how
comparatively light-hearted cer-
tain executives in these organ-
izations have turned since No-
vember 5 when the Supreme
Court, having said it wouldn't,
decided it would. . . .
T
Whether or not it actually is
in Fox's mind to do what is laid
at his door or whether the resist-
ing majors construe it that way
becomes a matter of conjecture.
However, one of the most inter-
esting of the paragraphs in the
briefs prepared and submitted to
the Supreme Court asking for the
right of review which subsequent-
ly was extended seeks to make a
differentiation between a ma-
chine and the product of that
machine. . . .
T
It rates attention. From the
brief, then, its italics reprinted
from the text :
"Moreover, the respondents
are seeking to extend the assert-
ed monopoly of their patent
which is for a machine, to cover
and control the unpatented pro-
duct of the machine, specifically
asking, in the bills of complaint
filed since the denial of the orig-
inal petitions by this court, for
an injunction against leasing, dis-
tributing^ etc., 'film sound
records produced in infringe-
ment of, or in the course of in-
fringement or contributory in-
fringement of, the aforesaid Let-
ters Patent' which is for the ma-
chine, not the records 'and any
and all duplicates or sound rec-
ords made therefrom' and ask
that those already produced be
delivered up 'to the court for
destruction.' Such an injunction
would result in destroying the
valuable libraries of film which
each producer has made, at large
expense, in the past."
T
Motion Picture Daily, date-
(Continued on page 11)
Most on Big Board Take a Loss
High
Columbia Pictures, vtc 3756
Consolidated Film Industries, pfd 15?i
Eastman Kodak 110lA
Fox Film "A" ayx
Loew's, Inc 3VA
M-G-M. pfd 454
Pathe Exchange \yt
Pathe Exchange "A" 14
RKO
Warner Bros 4%
Curb Issues Remain Unchanged
Net
High Low Close Change
Technicolor 13J£ 13 13
Trans Lux 2 2 2
Warner Bonds Drop Half Point
Net
Low
Close
Change
Sales
37!^
37YS
— ^
1,300
1SK
1554
+ Vt
900
109
110
— 54
1.000
1354
1354
- *A
1.300
31
31
— M
3.200
VA
454
- 56
1.700
154
154
- %
500
1354
135S
— v%
500
4Ys
m
- 434
2.100
3.100
High Low Close
General Theatre Equipment 6s '40 6V2 654 6A
General Theatre Equipment 6s '40. ctf 654 6A 654
Keith B. F. 6s '46 6354 6354 6354
Loew's 6s '41, ww deb rights 104 103^ 104
Paramount F. L. 6s '47 5754 5754 57^
Paramount Publix 554s '50 57J4 57M 57?4
Warner Bros. 6s '39, wd 59% 58k 59
Net
Change
+ 54
+ Vs.
- 54
+ 54
- 54
Sales
1.000
100
Sales
12
1
5
15
7
1
19
< Purely
Personal ►
NICHOLAS SINGAEVESKY
who is on his way to report ti
the Warner studio; Felix Ferry
Val Parnell, London theatrical man
ager, and Regina Opoczynska ar
rive here today on the Chatnplain.
E. H. Goldstein, vice-president 0
Majestic, is in Cincinnati and plans t«
visit a few other franchise holders be
fore returning to New York.
Fred Quimby returns from th
coast in about four weeks. He's no\
at the M-G-M studios conferring wit
short subject producers.
Basil Woon's biography, "The Rea
Sarah Bernhardt," has been purchase
by Paramount and will be filmed a
"The Divine Sarah."
Nicholas M. Schenck braved th
snow flurry yesterday morning an
walked from his home to work san
chapeau.
Sam Cocalis returned yesterda
from Boston where he spent a fe
days visiting his daughter, Virginia
student at Wellesley.
Tom Murray left for Lake Plac
last night to visit his boss, A. F
Schwartz. He'll be gone a fe
days.
Harry Edington and his wif>
Barbara Kent, didn't arrive on tl
Berengaria yesterday. They're still
England vacationing.
Lou Weiss, head of Exploitatic
Pictures, was scheduled to arrh
from the coast yesterday, but has bee
delayed until Friday.
Courtney Terrett. former Ne
York newspaper man and now a coa
scenario writer, is stopping at tl
Lombardy.
Rene Hubert, Fox wardrobe hea
who has been abroad for some tin
studying style trends, arrives today t
route to the coast.
George Arliss sails from Englar
on the Majestic, Nov. 14, bound f
here. He just finished "The Ire
Duke" for Gaumont British.
Sidney Samuelson has boug
Paramount product for the first tin
in a number of years.
Heliodora Garcia, of Havana
Teatro Nacional, has left here fi
home after a four weeks' visit.
Warren Hull, radio star, has bet
signed by Educational to play opposi
Sylvia Froos in a two-reel comedy.
William A. Johnston and Forre
Halsey have sold their original, "Da
Crossing," to Universal.
Walter Eberhardt is torn betwe
Miami, Pinehurst and Bermuda -
that vacation of his.
Spyros Skouras will go to tl
coast sometime next month on F. \
C. reorganization.
Queena Mario's yarn, "Murder
the Opera House," has been boug
by M-G-M.
Maurice Chevalier is on his w;
to the coast to play a dual role in 20
Century's "Folies Bergere de Pari;
Eddie Cantor will sail Dec. 1 1
the Rex for a vacation in Europe.
Vincent Starrett's "Recipe f
Murder" has been sold to Fox.
J. P. McEvoy has sold "One B
Happy Family" to Paramount.
Columbus
Harrisburg
calling aWt
Evelyn nc^i^
nave*
7" nejit/ce*
Toledo
"Evelyn
>T/ ^/Detroit
NashviJJe
(( calling-aWt
fvelyarPrentice
ANOTHER
BELL
RINGER FOR LEO
its BILL POWELL-MYRNA
EVELYN PRENTICE
that's burning up the wires with news o
a new M-G-M box-office smash from coast
to coast! Held Over 2nd Week Capitol
R Y. You're next!
(An M-G-M Cosmopolitan Production with Una Merkel.
Wm. K. Howard, Director. Produced by John W. Considine, Jr.)
your cash register
on a diet? Get ready
for FAT box-offices
for Mr. and Mrs.
"Thin Man", the pub-
lic's adored couple!
MOTION PICTURE
DAILY
Wednesday, November 14, 1934*
Clearance Is
Sent Back to
Kansas City
(Continued from page 1)
Kansas City is an indication that
Campi means business. A real effort
is being made to get the plan in oper-
ation by Dec. 1, it is stated, but
whether this will be the case depends
largely on how local exhibitors react
to modifications to be suggested by
Code Authority's representatives.
Campi is hoping that the Kansas City
men can see the distributors' view-
points and set up a precedent for the
country.
K. C. Hails Mission
Of Schaef er, Golden
(Continued from page 1)
Schaefer-Golden mission is to explain
Campi's position and determine why
the local board is not reconciled to the
Authority's views.
The board may call an open meet-
ing of exhibitors and distributors to
give the Campi emissaries the benefit
of all opinions. Jay Means, I.T.O.
head, who has expressed the suspicion
that distributors are opposing the new
zoning schedule because they want to
institute bargaining for protection,
said he was glad the Campi represen-
tatives were coming, as it will give
them an opportunity to become
familiar with local exhibitor problems,
for which a solution is sought in the
schedule submitted to Campi.
Defer Fox Met Plan
An extension of 30 days in which
to endeavor to complete a plan of
reorganization for Fox Metropolitan
Playhouses, Inc., was granted the
bondholders' committee yesterday by
Federal Judge Julian W. Mack. The
extension was granted on the peti-
tion of counsel for the committee, who
reported that, while some progress on
the plan had been made, additional
time was required for pending de-
tails.
To Aid IATSE at Studios
Los Angeles, Nov. 13. — President
George Browne of the I. A. T. S. E.
today revealed the appointment of
Steve Newfnan, member of Local 37,
as international representative with re-
building of the organization's power at
the studios as his first duty. Newman
will have complete supervision of all
locals here until this work is done.
Heretofore the various locals have op-
erated independently of one another.
Just a Stipulation, But
It Stirs Up Legal Minds
Harrison to Coast
P. J. Harrison, editor of Harrison's
Reports, leaves for Hollywood Tues-
day on a combination business and
pleasure trip.
He says the primary purpose is to
discover, if he can, why better pic-
tures don't come along more often.
To Show "The Battle"
Leon Garganoff will be host at a
showing of "The Battle" in the grand
ballroom of the Waldorf-Astoria,
Nov. 20.
David M. Loew returned from
White Sulphur Springs post haste
yesterday to defend an overbuying ac-
tion against the Loew circuit by the
Electra, Brooklyn. With Eugene
Picker, his assistant, and Louis Nizer
in the role of attorney, Loew con-
vinced Sam Rhonenheim, the com-
plainant, that the Bayside Theatre
had not overbought. An agreement
was reached to withdraw the action.
Then the fun started.
While the board was preparing to
quit, Nizer insisted on adding a stipu-
lation to the withdrawal, which was
objected to by Melvin Albert, coun-
sel for the complainant. Nizer
wanted to add "without con-
sideration." Albert didn't like the
idea. Nizer insisted on it. Albert
objected and then Nizer asked
Rhonenheim if it weren't true that
no consideration was to be given.
Albert told Rhonenheim that if he
answered he would resign as attor-
ney. Rhonenheim said he wouldn't
walk out on Albert.
It looked as though the case might
go on for trial. Nizer .wanted to try
it. Rhonenheim took it upon him-
self to answer Nizer's question with-
out advice of counsel and then Albert
withdrew from the case. The board
didn't know where it stood. Jack
Bellman, chairman, suggested that the
litigants go out and get together on
the terms of withdrawal. In the
meantime the board went into execu-
tive session and decided on a previous
case. Nizer and Albert then came
out with an agreed upon stipulation
which included the terms both at-
torneys wanted.
In the overbuying case previous to
the stipulation argument, the board
dismissed without prejudice a com-
plaint of the Plaza, Freeport, L. I.,
against the Grove and Freeport,
Freeport, operated by A. H. Schwartz.
Before Loew was aware of the
withdrawal of the Electra complaint,
he objected to Leon Rosenblatt sit-
ting in place of an affiliated exhibitor.
Before Max Fellerman of RKO came
over, Nizer told the board:
"Let's call John Flinn. He's the
conduit of Code Authority."
That got some of the boys and they
asked Nizer what he meant. He ex-
plained as follows : "Flinn is the pipe
through which Code Authority infor-
mation flows."
Flinn was uncertain about whether
the unbalanced representation could
be objected to and called upon
Campi, which was in the throes of
deliberation on Kansas City's clear-
ance and zoning problems. Campi
couldn't be bothered with it since it
required much more time to discuss
the matter than the members cared
to give it yesterday.
Equity to Let
Guild Obtain
Own Charter
Gaumont Gets K. C. Spot
Kansas City, Nov. 13. — Gaumont
British is assured the Fox Uptown as
its first run outlet in Kansas City,
as a result of a deal negotiated by
George Weeks, general sales manager,
with Fox Midwest. "Chu Chin Chow"
is set to open at the Uptown shortly
as the first G. B. release.
The local G. B. sales staff has been
increased to three by the addition of
Rube Melcher, formerly with Warners.
Weeks Appoints More
George Weeks, general sales mana-
ger of Gaumont British now on a tour
of key cities, has appointed J. L.
Franconi sales manager for Dallas
and Jack Groves salesman. In Buffalo
Sam Levine has been made booker-
salesman ; in Pittsburgh George
Wheeler has been given a similar
post and in Oklahoma City H. Russell
Gaus has been appointed salesman.
Weeks Is On Coast
Los Angeles, Nov. 13. — George
Weeks, general sales manager of Gau-
mont British, is bus)- working out the
details of his sales setup here at the
Fox exchange. He also intends to
close a deal with F. W. C. for Gau-
mont British bookings before heading
north to San Francisco, Portland and
Seattle and east to Salt Lake City
and Denver.
Lighten Balcon Duties
London, Nov. 13. (By Cable) —
Maurice Ostrer will take over the
business management of the Gaumont
British studios. The move is de-
signed to relieve Michael Balcon from
all other duties except those directly
concerned with production. Balcon is
in complete charge of studio activities.
"Flirtation" Book Out
Distribution of 40-page press books
on "Flirtation Walk" will be started
today by Warners. Among the fea-
tures are five national tieups, especial-
ly posed photographs for dealer dis-
plays, a newspaper serialization and a
novelization complete in one install-
ment. Accompanying the press book
is a supplement of eight pages con-
taining a wide assortment of ads.
Chicago Dines Bernhardt
Chicago, Nov. 13. — Max Rein-
hardt, here to stage "A Midsummer
Night"s Dream" at the Auditorium,
was honored by the Fourth Estate to-
day at a luncheon at the Hotel Sher-
man. The impresario is due on the
coast in a few weeks to work on the
Warner picturization of the Shake-
speare play.
(Continued from page \)
ranks with Equity. It would also mea
that any stage player engaged for pic-
ture work would first have to becom.
a member of the Guild, and an;
Guild member doing stage work wouli
have to become an Equity member
Likewise, in the event of strikes hr
either the Guild or Equity, member
of either organization would not h)
available for replacing members 0
the striking organization.
The agreement to adopt this proce
dure, rather than the Guild affiliatioi
with Equity that was first proposed
came as the result of "further an<
more careful study of the plannei
alliance which convinced officers 0
both organizations that the separat
charter procedure would be best fo
both," according to a joint statemen
issued following yesterday's meetinj
by Frank Gillmore, Equity president
and Thomson.
"The council, in agreeing to giv
the Guild autonomy in the manage
ment of motion picture work," th
statement said, "stressed particular!;
the necessity of presenting a unite!
front by actors in any negotiation
with producers; the desire for a join
conference board to handle comraci
problems, and an exchange of all fal
cilities of information and service be
tween the two actors' organization
on behalf of their members."
Feist in Honolulu
Honolulu, Nov. 13.— Felix Feisi
M-G-M's general sales manager,
vacationing here.
Warner Club Has Dinner
Charlotte, Nov. 13. — The local
unit of the Warner Club met over the
week-end at a banquet at Nunnally's,
followed by a screening at the Broad-
way theatre. Approximately 65 mem-
bers and guests were present.
Plans a Song Contest
A radio contest to select a title song
for his first musical for Warners,
"Sweet Music," will be launched by
Rudy Vallee on his Nov. 22 broadcast.
Air fans will be given two tunes to
chose from.
Plan Color for "Dream"
Hollywood, Nov. 13. — W a r n e r s
will film several sequences of "A Mid-
summer Night's Dream" in the new
three-color Technicolor process. Pro-
duction starts Dec. 1.
Hollywood, Nov. 13.— Felix Feis
returns here from Hawaii on Nov. 22
will visit a number of exchanges an<
return east probably early January.
Sharick in New "U" Jol
Andrew J. Sharick has been namer
manager of accessory sales by Urn
versal. He has handled exploitation
publicity and advertising both in th'
home office and in the field. Sharicl
will retain his other duties in the horn,
office, including editorship of Prog
'■ess, Universal interexchange orgaa
Music Hall Operetta
"Onteora's Bride," an operatij
legend in four scenes, has been writteJ
especially for the Music Hall by DeszJ
D'Antalffy and will be produced bj
the theatre starting Nov. IS.
Salesmen Dine Jan. 1
Annual dinner, dance and entertain I
ment of the M. P. Salesmen, Inc., oj
New York, will be held New Year';
Eve at the Astor.
Kohn Seeking Best
Ralph A. Kohn is closing his officl
in the Paramount Bldg. this week anc]
will journey southward for a rest folf
lowing a recent illness.
Nat Holt Arrives Todai
Nat Holt, RKO division managef
in Cleveland, arrives today for homi
office booking conferences.
THE HOLD-OVER SENSATION THAT
TURNED ONE WEEK STANDS AND THREE
DAY TOWNS INTO LONG RUN MIRACLES
ALL OVER THE COUNTRY
NOW DANCING ON A RAIN-
BOW OF GOLDEN REC-
ORDS TO THE WORLD'S
LARGEST THEATRE
> if
1
WA
ANNA STEN
and
FREDRIC
EDDIE CANTOR
KID N
11*111]
0
as**
\RCH
in
WE LIVE AGAIN
IONS
with ANN SOTHERN • ETHEL MERMAN
ISTS
8
MOTION PICTURE
DAILY
Wednesday, November 14, 19!
"Cristo" Top
Grosser for
Twin Cities
Minneapolis, Nov. 13. — The best
straight film draw of the week was
"The Count of Monte Cristo" at the
Century. The take, $5,000, was over
average by $1,000.
"Six Day Bike Rider," helped by
Ilomay Bailey and Lee Sims, reached
$6,500 at the Orpheum, also over the
line by $1,000, and "The Pursuit of
Happiness" was up by the same
amount on a $6,500 take at the State,
with "The Star Dust Revue" on the
stage. "Chu Chin Chow" went to
$3,500 at the 400-seat World.
"Madame DuBarry" and "365
Nights in Hollywood" were both
strong in St. Paul, the former getting
$6,000 and the latter $4,000.
Total first run business in Minne-
apolis was $25,000. Average is $21,000.
Total first run business in St. Paul
was $19,000. Average is $16,000.
Estimated takings :
Minneapolis :
Week Ending Nov. 8:
"THE COUNT OF MONTE CRISTO"
(U. A.)
CENTURY — (1,000), 25c-40c, 7 days.
Gross: $5,000. (Average. $4,000)
"THE LEMON DROP KID" (Para.)
LYRIC— (1,000), 20c-25c, 7 days. Gross:
$1,800. (Average, $1,500)
Week Ending Nov. 9:
"SIX-DAY BIKE RIDER" (F. N.)
ORPHEUM — (2,000) . 25c-50c, 7 days. Lee
Sims and Ilomay Bailey heading five acts.
Gross: $6,500. (Average. $5,500)
"THE PURSUIT OF HAPPINESS"
(Para.)
STATE — (2.300). 25c-40c, 7 days. "The
Star Dust Revue." Gross: $6,500. (Average,
$5 500)
"NO GREATER GLORY" (Col.)
TIME — (3001), 25c-35o, 7 days. Gross:
$2,500. (Average, $2,500)
"CHU CHIN CHOW" (Gaumont British)
WORLD— (400). 25c-75c, 7 days. Gross:
$3,500. (Average, $2,500)
St. Paul:
Week Ending Nov. 8:
"MADAME DuBARRY" (Warners)
PARAMOUNT— (2,300), 25c-40c, 7 days.
Cross: $6,000. (Average. $5,500)
"365 NIGHTS IN HOLLYWOOD" (Fox)
RIVIERA— (1.200). 25c-40c, 7 days. Gross:
'1.000. (Average. $3,500)
"MILLION DOLLAR RANSOM" (Univ.)
ORPHEUM— (2.000), 25c-40c. 3 days.
"Bowery Follies." Gross: $3,500. (Average,
for week. $4,000)
"GIFT OF GAB" (Univ.)
ORPHEUM— (2.000), 25c-40c, 4 days.
Gross: $2,000. (Average for week. $4,000)
"WAGON WHEELS" (Para.)
TOWER— (1,000). 15c-25c, 7 days. Gross:
$1,500. (Average. $1,500)
"GREAT EXPECTATIONS" (Univ.)
WORLD— (300). 25c-75c, 7 days. Gross:
$2,500. (Average, $2,000)
Stenographer Named
To Ontario Censors
Toronto, Nov. 13. — In rebuilding the
Ontario Board of Censors, the new
Liberal government performed an in-
teresting flip. After firing E. J.
Byrne, a veteran member of the board,
the Ontario cabinet, headed by Premier
Hepburn, appointed as his successor
Miss Maude Canning who had pre-
viously been dismissed from the posi-
tion of senior stenographer of the
board. No one was more surprised
than Miss Canning.
Miss Canning completes the new
board of three which will perform the
work previously handled by six cen-
sors.
"Priest" Hits
Heavy $8,500
In Pittsburgh
Pittsburgh, Nov. 13. — There was
a lively pickup in business all over
town last week, the first encouraging
sign of the new season. Average was
reached in almost every case, and in
one spot, the Fulton, "Judge Priest"
nearly doubled par, getting around
$8,500 and staying over for a second
week.
At the Stanley, a good stage show
bolstered "The Richest Girl in the
World" and the net result was a nice
$19,000. "The Merry Widow," at the
Penn, likewise hit average with $12,-
000, but the impressiveness of this
figure can only be gathered from the
fact that this house hasn't touched
average with a straight picture for
some time now.
The Pitt, lowering both its top and
its overhead, has been doing well with
vaudeville and pictures, last week's
eight-act bill and "That's Gratitude"
resulting in $4,500, while the Alvin
was shooting ahead to a nice $12,000
with "Love Time" and a stage
show. Only the Warner, with "The
Lemon Drop Kid" and "The Fire-
band" failed to touch par, but it was
only $300 under, at $4,700.
Total first grosses were $60,700.
Average is $54,500.
Estimated takings for the week end-
ing Nov. 8 :
"LOVE TIME" (Fox)
ALVIN— (2,000), 25c-40c, 6 days. Stage:
Johnny Perkins, Jackie Heller, Sylvia and
Clements, Petch and Deauville. Ford, Mar-
shall and Jones. Gross: $12,000. (Average.
$10,000.)
"JUDGE PRIEST" (Fox)
FULTON— (1,750), 15c-40c, 7 days. Gross:
$8,500. (Average, for 6 days, $4,500.)
"THE MERRY WJDOW" (M-G-M)
PENN— (3,300), 25c-50c, 6 days. • Gross:
$12,000. (Average, $12,000.)
"THAT'S GRATITUDE" (Col.)
PITT— (1,600), 15c-30c, 6 days. Stage
Rita Royce revue; Wynne and Dolly; Milo.
Three Speed Demons; Ray Shannon; Pansy,
the Horse, and Rogers and Oliver. Gross:
$4,500. (Average, $4,000.)
"RICHEST GIRL IN THE WORLD"
(Radio)
STANLEY — (3,600), 25c-60c, 6 days.
Stage: Guy Kibbee, Don Bestor's band.
Keller Sisters and Lynch, Three Queens.
Gross: $19,000. (Average, $19,000.)
"THE LEMON DROP KID" (Para.)
"THE FIREBIRD" (Warners)
WARNER— (2,000), 25c-40c, 6 days. Gross:
$4,700. Average, $5,000.)
Pitt Is to Stay Open
Pittsburgh, Nov. 13. — Instead of
closing the Pitt, as its operator,
George Shafer, intended, he will con-
tinue to operate indefinitely, playing
vaudeville with pictures, however,
instead of unit shows.
In addition, Shafer has cut admis-
sions from 40 to 30 cents, which
observers believe may mark the be-
ginning of a price war in downtown
Pittsburgh, seen as a direct answer to
the stiff competition of the Alvin,
which has been playing stage shows
and first run pictures at 40 cents top.
To Rush "Two Cities"
Hollywood, Nov. 13. — Immediately
upon completion of "David Copper-
field" M-G-M will get "Tale of Two
Cities" ready. Hugh Walpole and
Lenore Coffee have been assigned to
write the adaptation.
Bigger Than Garbo
Kansas City, Nov. 13.— "Will
Rogers has succeeded Greta
Garbo as the name to con-
jure with in the movies as
far as the Middle West is
concerned," comments John
C. Moffitt, film critic of the
Kansas City Star, anent the
successful run of "Judge
Priest" at the local Fox Up-
town. Moffitt calls the Fox
picture "the outstanding hit
of the local season."
"Happiness," with
Show, Buffalo Top
Buffalo, Nov. 13. — Ben Lyon and
Bebe Daniels proved their strong per-
sonal drawing power, aiding "Happi-
ness Ahead" to up the Buffalo's nor-
mal, $14,300, to $18,200.
"The Gay Divorcee" finished
stronger than it began and went into
a second week after topping average
by $1,100 at $9,100. Weather was
mostly mild and fair.
Total take was $46,200. Average is
$42,800.
Estimated takings for the week end-
ing Nov. 9 :
"HAPPINESS AHEAD" (F. N.)
BUFFALO— (3.500). 30c-55c, 7 days. Stage:
Ben Lyon and Bebe Daniels; Radio Rubes;
Nell Kelly; Rosemary Deering. Gross:
$18,200. (Average, $14,300)
"CHARLIE CHAN IN LONDON" (Fox)
"STRAIGHT IS THE WAY" (M-G-M)
( KXTURY— (3,000), 25c, 7 days. Gross:
$6,300. (Average, $6,000)
"KANSAS CITY PRINCESS" (Warners)
"THE CASE OF THE HOWLING DOG"
(Warners)
GREAT LAKES— (3,000), 25c-40c, 7 days.
Gross: $6,000. (Average, $8,000)
"THE GAY DIVORCEE" (Radio)
HIPPODROME— (2,100). 25c-40c. 7 days.
Gross: $9,100. (Average, $8,000)
"THERE'S ALWAYS TOMORROW"
(Univ.)
"MILLION DOLLAR RANSOM" (Univ.)
LAFAYETTE— (3.300). 25c. 7 days. Gross:
$6,600. (Average. $6,500)
"Norton" Oklahoma
Top; Gets $3,000
Oklahoma City, Nov. 13. — "Elinor
Norton" and a stage show took the
only important money here last week
by running up to $3,000 at the Liberty
in four davs. This was over average
by $1,000. '
"Barretts of Wimpole Street," the
next best draw, took $5,800 in seven
days at the Warner, up by $800. "Girl
of the Limberlost" was slightly over
par with a take of $2,700 at the
Capitol.
Total first run business was $16,700.
Average is $13,500.
Estimated takings for the week end-
ing Nov. 10 :
"BARRETTS OF WIMPOLE STREET"
(M-G-M)
WARNER— (1,900), 10c-20c-36c-41c-56c, 7
days. Gross: $5,800. (Average, $5,000)
"CLEOPATRA" (Para.)
MIDWEST— (1.500). 10c-26c-36c-56c, 7
days. Gross: $4,000. (Average, $4,000)
"GIRL OF THE LIMBERLOST" (Mono.)
CAPITOL— (1,200). 10c-20c-26c-36c-41c, 7
days. Gross: $2,700. (Average, $2,500)
"ELINOR NORTON" (Fox)
LIBERTY— (1,500). 10c-15c-26c-36c, 4 days.
Stage: Ernie Young revue. Gross: $3,000.
(Average, $2,000)
"THERE'S ALWAYS TOMORROW"
(Univ.)
LIBERTY— (1.500), 10c-15c-26c-36c. 3 days.
Gross: $1,200. (Average week, $2,000)
"Wiggs" Gets
$42,000 with
Show on Loop
Chicago, Nov. 13. — "Mrs. Wiggs cfY
the Cabbage Patch" was the big noise
here last week. It piled up $42,00C,
above par by $7,400, at the Chicago.
Borrah Minnevitch and his band
helped on the stage.
"The Gay Divorcee" continued toj
be something of a sensation in its third
week at the Palace, getting $23,000j
up by $1,000 on the normal take.
"Cleopatra" held up to §11,000 in its I
second week at the Roosevelt and
"Barretts of Wimpole Street" took
$10,000 in its fourth week at thel
United Artists.
Total first run business was $133,-
500. Average is $131,600.
Estimated takings :
Week Ending Nov 6:
"CLEOPATRA" (Para.)
ROOSEVELT— (1,591), 25c-35c-50c, 2nd'
week, 7 days. Gross: $11,000. (Average,
$11,000)
Week Ending Nov. 8:
"MRS WIGGS OF THE CABBAGE
PATCH" (Para.)
CHICAGO— (4,000), 25c-35c-68c, 7 day.-.
Stage: Borrah Minevitch, Lillian Roth, La.
Ghezzis, Moore & Revel. Gross: $42,000.
(Average, $34,600)
"ONE NIGHT OF LOVE" (Col.)
GARRICK— (900), 25c-35c-40c, 7 days.
Gross: $5,500. (Average, $5,000.)
"CHARLIE CHAN IN LONDON" (Fox)
ORIENTAL— (3,940), 25c-40c, 7 days.
Stage: Pat Kennedy, Joe & Jane Mac-
Kenna, Una Vilon, Ted Cook band. Gross:
$18,000. (Average, $15,000)
"THE GAY DIVORCEE" (Radio)
PALACE— (2,509), 25c-35c-50c, 3rd week.
7. days. Stage: Irene Beasley, Billy House,
Bert Walton, Adair and Richards. Gross:
$23,000. (Average, $22,000)
Week Ending Nov. 9:
"BARRETTS OF WIMPOLE STREET"
(M-G-M)
UNITED ARTISTS— (1,700), 30c-40c-60c,
4th week, 7 davs. Gross: $10,000. (Average.
$17,000)
"MARIE GALANTE" (Fox)
APOLLO— (1.400), 25c-35c-50c, 7 days.
Gross: $9,000. (Average, $12,000)
Week Ending Nov. 10:
"WAKE UP AND DREAM" (Univ.)
STATE- LA K E— (2,776. 20c-25c-35c, 7
days. Stage: Gypsy Nina; Harry Howarl
& Co.; Harris and Shore; other acts. Gross:
$15,000. (Average, $15,000)
"Widow" in Omaha
Gets Mild $8,900
Omaha, Nov. 13.— "The Merry
Widow" went to $8,900 at the Para-
mount last week. This is over par by
$900, but doesn't compare with the
showing made recently by "Dames."
"Lady by Choice" and "I'll Fix It"
hit $4,500, up by $1,000, at the Bran-
deis. Another dual, "Peck's Bad Boy"
and "Big Hearted Herbert," was good
for $8,800, over the line by $1,300.
Total first run business was $26,050.
Average is $22,500.
Estimated takings :
Week Ending Nov. 7:
"THE WORLD MOVES ON" (Fox)
"365 NIGHTS IN HOLLYWOOD" (Fox)
WORLD — k-,200) . 25c-40c, 7 days. Gross:
$3,900. (Average. $3,500)
"THE MERRY WIDOW" (M-G-M)
PARAMOUNT— (2.800). 25c-40c, 7 davs.
Gross: $8,900. (Average, $8,000)
Week Ending Nov. 8:
"LADY BY CHOICE" (Col.)
"I'LL FIX IT" (Col.)
BRANDEIS— (1,500), 25c-40c, 7 davs..
Gross: $4,500. (Average, $3,500)
"PECK'S BAD BOY" (Fox)
"BIG HEARTED HERBERT" (Warners)
ORPHEUM— (3,000). 25c-40c. 7 davs.
Gross: $8,800. (Average. $7,500)
SMASHES RIALTO RECORDS
4f"i|iii'1||Siii!ll!!!lliihl!i;'!IIIP:!- "ii lM\\\r iyp®l!%««!l.lM
t%^I* mSW
HELD OVER FOR 2nd WEEK!
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lliill'fiililllH ,hi!!!IP!!l!i 'wii.Mli!11!;!^1 "' "
Continuous S. R. 0. as Broadway reads critics' unprecedented praise
New York Times:
HV'l !i'
|P "Mark 'The First World War' down as a mem-
orable and infinitely important document which should
be distributed in every civilized nation. If any motion picture
is assured of enduring life, this is the one."
'■'Win,
.« •::„
N. Y. Daily News:
"*k * * Vvk ! An amazing series of
pictures. Stallings' work in editing and
explaining makes them the most thrilling
of their kind."
N. Y. Evening Post:
"Not only a splendid example
of dramatic narrative; it is an
historical document which
deserves immortality. The
episodes depict with singu-
lar power the bitterness and
devastation of the struggle."
N. Y. American:
"Impressive as a miracle, the
Great War is waged again,
and not a million history
books can change the facts
that confront us in this
breathing, bloody massing
of actual events. Laurence Stal-
lings and Truman Talley merit
decoration with a new order."
ill1'' .i!;1
1 1 jjjliii!
ililiS
m
EDITED BY LAURENCE STALLINGS
Produced by Truman Talley
(In association with Simon & Schuster)
j!lii> lllliLJi
iiii'ni
IIS 11 "
i: E
llll
linn
,!! "
N. Y. Sun :
"Not a picture to be casually seen and
lightly forgotten. This is reality. No
one who reads the newspapers,
who wonders what is coming
next should miss 'The First
World War'."
N. Y. Daily Mirror:
"The greatest of war films. Don't
miss it. War is pictured with all its
pitiless horror, pictured with stirring
detail."
N. Y, Herald-Tribune:
The most exciting, vitally
dramatic and inescapably
powerful war chronicle that
the camera eye has yet
recorded. The whole thing
is little short of over-
whelming in its power.
N Y. Eve. Journal:
"There is much more to this
picture than a harrowing
camera record of carnage.
It is a searing reminder, a
pictorial history of a world
in which history repeats it-
self. The picture will leave
you emotionally limp. Seeing
it is a terrific experience."
N. y. World-Telegram:
"Without hesitation, I offer you 'The
First World War' as the most im-
portant and powerful plea for
peace the cinema has yet pro-
duced. It is a stark, grim,
biting plea. / o t b If fc J
Ill
11
W ,!!!
W
" ,n,ii
liililLJ.ii!
0j
Smash Showmanship Campaign Thrills Broadway
MOTION PICTURE
DAILY
Wednesday, November 14, 1934 j
la. Group Sets Fund
For Booking Fight
Des Moines, la., Nov. 13. — Forma-
tion of a $50,000 "war chest" to fight
block booking in this territory was re-
vealed today at a meeting of Allied
Theatre Owners, Inc., at the Hotel
Kirkwood here. The 175 independent
exhibitors in attendance effected a re-
organization of unaffiliated exhibitors
to work out their difficulties in the
subsequent run situation and in the
buying of pictures.
E. C. Ellsworth, Iowa Falls, was
named president to succeed C. L.
Niles, Anamosa. H. A. Larson, Oak-
land, Neb., was elected vice-president.
A secretary will be chosen at a meet-
ing of the new board at Iowa Falls
Nov. 22. New directors are : Charles
Peterson, Hampton ; A. J. Swanton,
Emmetsburg ; Wayne Dutton, Man-
chester ; E. C. Potter, Newhampton.
Harry Hiersteiner, Des Moines, heads
the Allied group working on plans for
better service to exhibitors.
The board decided upon definite ac-
tion to get a "square deal" from pro-
ducers on releases.
Resolutions were adopted favoring
cleaner films. Ellsworth was named
director of the organization's campaign
to this end.
Looking 9Em Over
Mary Pickford Tops
Ampa Talent Lineup
Mary Pickford will head the list of
guests at the Ampa luncheon tomor-
row and Charles C. Petti john will be
guest chairman.
Others on the program are : Sir
Gerald Campbell, British consul gen-
eral; Clarence Brown, M-G-M direc-
tor; Jack Pearl, Frank Buck, Jimmy
Savo, Gregory Ratoff, Wee Willie
Robine, Nick Lucas, Uncle Don,
Major Edward Bowes, Benita Hume,
Harry Hershfield, Paul Yawitz, Lil-
lian Carmen, Buddy Walker, Elaine
Jordon, Mack & Stanton, an act pro
vided by Arthur Fisher and Roy Ford
and his orchestra.
Testimony Finished
In Detroit Action
Detroit, Nov. 13. — The taking of
testimony in the case of Jacob Schrei-
ber vs. Cohen Bros, and Co-Operative
Booking was concluded today before
Master of Chancery William Sayres
in U. S. District Court here. The
case now goes before Federal Judge
Edward Moinet. It will be 30 days
before a decision will be given out, it
is believed. The litigation has been
before the court the past 10 weeks.
Schreiber is suing the booking com
bine and the Cohens charging con
spiracy to prevent him from buying
product from Detroit exchanges for
his Colonial Theatre.
Mix Signed for Serial
Hollywood, Nov. 13. — Tom Mix
today was signed by Mascot to star
in a 15-episode serial, tentatively
called "Texas Ranger," which is
slated to go into production around
Dec. 1. In the cast will also be Mix's
horse, Tony, 15 other trained horses
and the cowboy troupe which has
been traveling with his circus, which
closes around Thanksgiving Day. The
deal was opened between Mix and
Nat Levine, head of Mascot, in La-
redo, Tex., two weeks ago.
"Wednesday's Child
{Radio)
"Wednesday's Child" depicts the effects on a young boy of a home
disrupted by the divorce of his parents. It is adult fare because of the
somewhat clinical nature of its subject, although there is nothing offen-
sive in any of its situations nor in their handling.
Karen Morley, as the mother, finds herself gradually estranged from
her kindly but unromantic husband, Edward Arnold. Frankie Thomas,
as their son, suffers the first anguish as a result of the situation when he,
with playmates, accidentally witnesses an embrace between the mother
and the man with whom she has fallen in love. The estrangement of
the parents is climaxed during a quarrel, witnessed by the boy, in which
Arnold strikes Miss Morley. The mother is granted the divorce when
Short Subjects
"How to Break 90 at
Croquet"
(Radio)
Croquet, as it should and should i
be played, is here demonstrated
Robert Benchley, humorist, in his in- j
imitable style. It was difficult tcj
catch all of Benchley's monologue be
What the Symbols Mean
Reviews classified with a "G" are regarded as suitable for
general entertainment.
Those with an "A" are regarded as suitable for adult enter-
tainment.
the boy, placed on the witness stand, corroborates the mother's testimony
despite the fact that his sympathies remain with his father.
After the divorce, the child spends an unhappy nine months with the
mother, now married again, anxiously awaiting the three months out of
the year which the court has directed he is to spend with his father. At
the reunion he learns that his father also plans to marry again. Emo-
tional strain and disappointment cause the boy a physical collapse. On
his recovery he is sent to a military school where, during a visit, the
father accidentally learns of the child's emotional turmoil and abandons
his plans for re-marriage in order to establish a home that will provide
the stability for the boy's life that he has learned is necessary.
The work of Frankie Thomas, as the son, is outstanding. Arnold also
gives an understanding performance as the father. Other roles are
capably filled. John Robertson's direction and Harold Wenstrom's pho-
tography are pleasing.
Production Code Seal No. 271. Running time, 68^2 minutes. Classi-
fication: "A."
"The Man of Courage"
{Samuel Cummins- Jacques A. Koerpel)
While this film tribute to Mussolini, a product of the Luce studios in
Rome, seems heading for a boisterous reception from those of Italian
blood, it is hardly likely it will stir the ordinary picture audience more
than mildly.
The film, shown in Italy under the title "Camicia Nera" ("Black
Shirt"), tells a one-sided story of Fascism. With II Duce as the author
and an Italian studio as the producer, nothing else could be expected.
The production as a whole, however, is shot through with such en-
thusiasm that even an American audience can be reasonably certain of
showing some response to the fast succession of scenes detailing the
birth and material achievements of Fascism.
The film's primary handicap is that it wastes too much time in pre
paring for the entrance of Mussolini on the European scene. The first half
of it, almost wholly studio-made, relates the events that made the advent of
Mussolini and his Black Shirts inevitable. It is not until this part of the
film is done with that "The Man of Courage" becomes really exciting and
dramatic. The last half, revealing Italy's progress under the guiding
hand of Mussolini and showing the Premier in all his oratorical glory,
is by far the best part.
The fictional roles are taken by a cast of players whose names are of
no importance here. Forzano directed. Where dubbing has not been
resorted to, English titles have been employed to make it easy for Ameri
can audiences to understand the film. No code seal. Running time, 95
minutes. Classification : "G."
What Symbols Mean
The "G" symbol indicates
general entertainment.
The "A" symbol indicates
adult entertainment.
cause the laughs in the projectioi
room where this was seen were louc
and long. This short should con
vulse any audience. Code seal, No
325. Running time, 15 mins. Classifi
cation : "G."
"Vll Fix It"
(Columbia)
This is a well-knit, fast-moving story with both kid and adult appeal
built around a political fixer (Jack Holt), whose affections are centered
cn a young brother in grammar school. His fixing hits a snag when
he tries to get Mona Barrie, a school teacher, to pass the young brother,
Jimmy Butler, so he can play baseball.
Intrigued by her defiance, he tries new tactics — flowers, presents,
automobile rides — and begins to fall in love without realizing it. The
situation reaches a climax when Miss Barrie discovers the boy cheat-
(Continued on page 11)
"The Dognapper"
(Disney-U. A.)
This latest Mickey Mouse creatioi
from the pen of Walt Disney hit ;
new high spot of hilarity if the laugh
that poured out from the audienc
present when this was seen may b
taken as a criterion.
Mickey and Donald Duck, motor
cycle policemen, solve the dog-napping
of a little pekinese and arrest the cul
prit with the aid of a buzzsaw in ai!
abandoned saw mill. The buzzsaw
having become dislodged from its axk
runs wild and chases Mickey and af
the other characters about for severa
minutes, creating gales of laughter ir
the audience. Production code seal
No. 391. Running time, 8 min?
Classification: "G."
"The Great Experiment'
{Columbia)
A Scrappy Cartoon and swell en
tertainment. Scrappy finds himself i:
the clutches of a crazed inventor o
a "perpetual youth serum." After be
ing subjected to an injection of th .
fluid, he finds himself living in 199C
His adventures are rib-tickling. Rei
viewed without production code sea!
Running time, 5 mins. Classifica
tion : "G."
"Zion-Canyon of Color'
(FitzPatrick-M-G-M)
A FitzPatrick Traveltalk with ex
ceptional shots of nature done in Tech
nicolor. Zion Canyon in Utah is th
subject, with all its various colon
highways and its tourist inn. It shoul<
interest. No code seal. Running time
6 mins. Classification: "G."
Monogram Sales 81
Over '33 — Johnstor
Hollywood, Nov. 13. — Monogran
sales on the new season's product ar
running 81 per cent ahead of last }rear
W. Ray Johnston, president of th
company, who leaves the coast Thur>
day, said today.
"From present indication," he as j
serted, "we will add 1500 new the
atres to our customers' list this sea
son. One thousand and eighty-fiv
new accounts have already been addec
for this season's program."
Johnston declared that 16 of th'
company's 28 releases scheduled fo
the new season have been completed
Wednesday, November 14, 1934
MOTION PICTURE
DAILY
\ns
idersf Outlook
(Continued from page 2)
fined London, September 23, on
("Evensong"
Offers vocal fireworks, remin-
iscent in material and quality of
One Xight of Love" . . . unusual
>etting of a story tragic in theme
i and climax . . . stressing senti-
mental and comedy values. . . .
Starts like a fairy story . . . de-
velops into a study of disillusion-
ment. . . . The ending is not of the
kind fans like best . . . however,
if . . . happy . . . would have
been . . . less effective. . . .
G. B. screened this picture yes-
terday at the Westminster. To
London's comment might be
added this :
Evelyn Laye is excellent . . .
beautiful to look at . . . compe-
tent in light and heavier sequences
alike . . . and in fine voice as
well. . . . Fritz Kortner as the
impresario impresses . . . and reg-
isters heavily. . . . The picture
has a nostalgic flavor ... a charm
of unmistakable stamp . . . and
does credit to its producing com-
pany and to its director, Victor
Saville. . . .
Merian C. Cooper, talking in
Hollywood and making the press
association wires, predicts all pic-
tures five years from date will be
produced in color ; also, that it is
quite probable half of them will
blush in natural hue three years
from this fall of 1934. Explana-
tion : Cooper is being backed by
"Jock" Whitney on a series of
color features. Whitney owns
large blocks of stock in Techni-
color. . . . Barney Balaban con-
fers often and assiduously with
Sam Dembow these days. . . .
Now it's Edward J. Flynn, sec-
retary of state of New York,
who is supposed to take over
Will Hays' job. Is that the best
Hearst's New York Evening
Journal can do? The same story,
same paper, would have Flynn
considering a post as legal head
of RKO. That wouldn't be so
remote, for Flynn and Mike
Meehan, dominant factor in
K-A-O, are extremely good
friends. . . .
T
Charlie Chaplin, up at Arrow-
head and away from production
travail, saw an eagle one night
recently. That influenced him to
grab a pencil, write a poem with
one hand and telephone Rob
Wagner, editor of Script with
the other. While Charlie may
do little about the state of mone-
tary contentment which might be
the exhibitor's if he made pic-
tures more often and more regu-
larly, some theatre operators may
find partial solace in the range
of Chaplin's artistic flight. Here
goes :
Beneath an oak
Beside a lake
Through shimmering lace
I see a moon.
Looking 'Em Over
(Continued from page 10)
ing. He denies it. Holt, angered, has her fired. The resulting public
protest leads to an investigation of school site purchases and contracts.
At the crucial moment she refuses to testify against him and makes it
appear as though he had purchased a school site tract to give to the city
as a playground. He does.
The boy confesses he has cheated and all is forgiven.
It is much more effective than it sounds, and some good hefty laughs
are contributed by Winnie Lightner as Miss Barrie's roommate and by
Edward Brophy as Holt's stooge. Roy William Neill's direction is sure-
handed and with hardly a trace of hokum.
Good family entertainment.
Production code seal No. 260. Running time, 67 minutes. Classifica-
tion : "G."
"Big Hearted Herbert," Monday night's opener at the Mayfair, was review-
ed by wire from Hollyivood Aug. 13.
"The Firebird," tonight's opener at the Strand, was covered from the coast
Oct. 6.
"The Gov Divorcee," tomorrow's opener at the Music Hail, was reviewed by
icire from Hollyivood Oct. 3.
24.
e J rum nuuycvuuu ksii.
Evensong," Friday's opener at the Roxy, was reviezved from London Sept.
And silver notes
Of mirrored stars
Trill upon a resonant pool.
The distant rhythmic mountain
ranges
Symphonize an unknown theme,
Man's destination —
Why and Where
Eternal Truth
The Real ; the Dream.
Across the sky
An eagle high
Conducts the silent symphony.
K A N N
ITOA Move to Join
Allied Is Up Again
(Continued from page 1)
gested by a number of I. T. O. A.
members at the last meeting which
was not attended by Harry Brandt,
president, then ill with the grippe.
Yesterday, Brandt admitted hearing
something about the plan and said :
"There is no national exhibitor or-
ganization and that holds for both
the M. P. T. O. A. and Allied. After
having intimate contact with both
groups, I can frankly say this."
Samuelson Fails to
Discuss Law Plans
(Continued from page 1)
that a two-day eastern regional ses-
sion of directors will be held in Balti-
more starting Monday. Walter B.
Littlefield is slated to wield the gavel
and about a handful of New7 Jersey
men are expected to attend.
Para. May Hold Royal
Kansas City, Nov. 13. — Paramount
may renew the lease on the Royal,
downtown house, when it expires in
the next few days. If a new lease is
taken, the circuit will probably reopen
the theatre, closed since last spring,
but plans are indefinite. The expiring
lease was for 10 years, it is under-
stood.
The Royal, seating 800, is one of
two remaining Paramount theatres in
this territory.
See Further Delay
On Para. Bank Suit
(Continued from page 1)
credit transaction of 1932, on which
the suit is based, has been attempted
by counsel for the trustees but consis-
tently overcome to date by counsel for
the bank group. The latter has pointed
out that an agreement has been
reached between the banks and the
reorganization principals which settles
the banks' claim against Paramount
airising out of the 1932 transaction.
The agreement, however, is to be a
part of the Paramount reorganization
plan and, hence, cannot be made effec-
tive until the plan itself has been com-
pleted. Earliest forecasts place com-
pletion of the reorganization plan
about Dec. 1.
Bans Theatre Near
School in Brooklyn
License Commissioner Paul Moss
has refused to permit construction of
a Trans Lux theatre on a site adjoin-
ing Erasmus Hall High School,
Brooklyn.
This is the first decision of its kind
in the city. The original complaint
was lodged by the principal who
claimed that a theatre so near would
tend to distract the students.
Commissioner Moss said he ex-
pects the decision would be appealed
and that the final court decision would
have far-reaching importance.
The application to construct the
theatre was approved in 1926.
Klein to Attend Meet
Hollywood, Nov. 13. — Julian Klein,
former new-spaperman and now an aide
to Carl Laemmle at Universal will
be a delegate to the Press Congress
of the World at Melbourne March
27-30. He was named by Dean Frank
L. Martin of the University of Mis-
souri School of Journalism.
Buck Planning New Trip
Hollywood, Nov. 13. — Frank Buck
is making preparations for another
African expedition. The picture will
be released through Paramount.
Four Features, 12
Shorts Given Seals
(Continued from page 1)
M-G-M, three shorts each, and Fox,
one short.
Titles of the pictures clearing are:
Celebrity
(Shorts)
"The Valiant Tailor."
Columbia
(Shorts)
"Among the Cocoons," "Perfectly Mis-
mated" and "Goofy Gondola."
Fox
(Shorts)
"Two Lame Ducks."
M-G-M
(Shorts)
„ "Buried Loot," "Zion Canyon" and
Ireland, the Emerald Isle."
Radio
(Features)
"Kara, the Sea Girl."
(Shorts)
"Horseheir."
Universal
(Shorts)
'"Henry's Social Splash" and "Spring In
the Park."
(Serials)
"Tailspin Tommy." Nos. 8, 9 and 11.
Warners
(Features)
"Murder in the Clouds," "Maybe It's
Love" and "Concealment."
(Shorts)
"Buddy's Adventures."
Ludington Is Head
Of First Div. Prod.
(Continued from page 1)
facilities. In the meantime stories,
casts and directors are to be lined up.
Headquarters are to be maintained
in Hollywood and the New York
offices are to be enlarged by taking ad-
ditional space on the 23rd floor of the
RKO Building in Rockefeller Center
with the new offices connected with
those of First Division Exchanges.
MPTO in Washington
Reelects Brylawski
(Continued from page 1)
William Cleveland, Nathan Stiefel,
John J. Payette and Louis Bernheimer.
Lust was also named organization
representative to national meetings.
The question of labeling films for
adult and family appeal was taker,
up, but was tabled without action.
Jules Levy on Coast
Los Angeles, Nov. 13.— Jules Levy,
vice-president and general sales man-
ager of RKO Distributing Corp., has
arrived here on his tour of exchanges.
He will be in town 10 days for con-
ferences with J. P. McDonough, B. B.
Kahane and other studio executives.
He will also hold a series of talks
with Harry Cohen, western district
manager, and N. P. Jacobs, branch
manager.
Boston, Nov. 13.— E. L. McEvoy,
eastern district manager of RKO Dis-
tributing Corp., is here for conferences
with Ross Cropper of the local ex-
change.
"White Parade" Is Held
"White Parade" is being held over
at the Paramount and will be suc-
ceeded by "Limehouse Blues." "Col-
lege Rhythm" goes in Nov. 24 for
two weeks, following which it is ex-
pected vaudeville will be back again
„ won* to sP°tt Y° ,d
O-^f Me-crossea. ^ fhe
bC s we're *uPP°tlw«* 0t,Y'
on ot „u ask *»••
•« °PP " crUWet- « *"»
•lSo't «»orte
The Leading
Motior
Picture
Industry
MOTION PICTURE
DAILY
Alert,
Intelligent
the I
in All
Branches
OL. 36. NO. 116
NEW YORK, THURSDAY, NOVEMBER 15, 1934
TEN CENTS
)etails Set [Kansas City's
Premium Move
Starts Appeal
For "Time's"
Dramatic Reel
'irst Division to Act
As the Distributor
Practically all of the details have
sen settled for production and dis-
■ibution of a new "dramatized" news-
;el to be issued in two-reel form
very other week with the backing of
ime magazine and distributed through
'irst Division Exchanges. Formal an-
ouncement of the completion of the
eal probably will be made this week.
The bi-monthly release will be for
ie 1934-35 season, and the intention
; to make it a weekly release next
ear with two weekly issues later.
It is understood that the deal be-
iveen Time and First Division was
forked out through suggestions of the
lurtis-Fiske-Ludington group which
(.Continued on page 12)
Jndies Here Object
To Late Conventions
Local independents are squawking
ver delays in releasing new product,
ihich they claim is due to late con-
entions of distributors.
Exhibitors declare that major com-
anies should hold annual sales talks
n May or June so that circuit deals
an be closed earlier in the year. In-
ependent deals follow the circuits and
he same procedure is applicable to
laydates.
Because of the tardiness in sales
onvention, exhibitors hold that in
(Continued on page 2)
Comerford Looms in
New Administration
Scranton, Nov. 14. — M. E. Comer -
ord is likely to figure prominently as
i dispenser of state patronage in
-ackawanna County when George
Earle becomes governor in Pennsyl
.•ania next January.
"Mr. Comerford, if he so desires,"
The Scranton Republican reports
'can have a whole lot to say on who
jets the jobs in Lackawanna County."
Warner, Sears and
Smith Go to Coast
Albert L. Warner, accompanied by
Gradwell Sears and A. W. Smith, Jr.,
leaves for the coast today for produc-
tion conferences with Jack L. Warner
and other production heads.
Arrangements will be made for the
release of the six features which the
(Continued on page 2)
McCarthy Seeking Campi
Ruling on Shift
Kansas City, Nov. 14. — Insisting
that the local premium ban is in
effect regardless of the grievance
board's action in lifting it, L. J. Mc-
Carthy, Fox Midwest district man-
ager, late this week will file a brief
with Campi appealing the board's dis-
missal of three premium complaints.
At the same time, Fox Midwest is
proceeding with a fourth complaint,
against the State Theatre, alleging vi-
olation of the premium ban. This
will be heard Nov. 21.
Members of the grievance board
which imposed the ban last July are
disturbed over the action of the new
(Continued on page 12)
Authority Envoys
Hold No Set Views
Although they attended Campi dis-
cussions on the Kansas City clearance
and zoning schedule, George J.
Schaefer and Edward Golden left last
night for Kansas City with "an open
mind" to discuss the plan with the
local board and exhibitors. The code
men were accompanied by Tyree
Dillard, Jr., of Campi's legal staff, who
(Continued on page 12)
ITOA Men Critical
Of Code's Effects
Members of the I.T.O.A. yesterday
discussed the code and its effects on
independent exhibitors. Several men
(Continued on page 12)
Need 60% Vote
Hollywood, Nov. 14.— A 60
per cent vote of its member-
ship is required by the
Screen Actors' Guild before
the organization can deter-
mine to affiliate with the As-
sociated Actors and Artistes
of America, as voted in New
York on Tuesday. No date
for a meeting has been set.
In the meantime, the studi-
os express unconcern until
they learn definitely what the
guild's moves are.
Richards and Para.
Agree on Circuit
Agreements on E. V. Richards' par-
ticipating interest in the reorganized
Saenger Theatres Co. were reached
yesterday, clearing the way for a
quick reorganization of the circuit.
Counsel for Paramount Publix
trustees are now engaged in revising
the Saenger reorganization plan to
include terms of the agreement. This
(Continued on page 12)
Para. Trustee Bank
Suit Delayed Again
Hearing of the Paramount Publix
trustees' preliminary motion in the
suit against the $13,200,000 creditor
bank group, scheduled for yesterday
before Federal Judge Alfred C. Coxe,
was postponed to Nov. 21.
A settlement of the banks' claims
against Paramount Publix has been
(Continued on page 12)
Kutisker to Manage
Bolognino's Houses
Morris Kutisker, who operates the
Inwood, Forest Hills, and Community,
Queens Village, L. I., has joined Trio-
Consolidated in charge of Laurence
(Continued on page 2)
Ramsaye Finds N. Y. Press
Aiding Soviet Propaganda
Soviet propaganda in the United
States is being aided and abetted by
New York press acclaim of "Three
Songs About Lenin," latest Russian
picture to reach these shores and now
running at the Cameo, Terry Ram-
saye, editor of Motion Picture Herald,
will declare in the current issue of his
paper, out today.
He points out that the American
screen "already burdened quite with
its own sins and faced with endless
problems of political regulation, taxa-
tion and general bedevilment by axe-
grinders of all sorts, now unwittingly
adds entanglement in the web of propa-
ganda woven in Moscow in the cause
of chaos and the Third Internationale."
Ramsaye centers his attack on the
picture and two of its staunch critical
supporters, Andre Sennwald of the
(Continued on page 9)
Tri-Ergon in
New Move for
Para. Action
Seeks Judge Coxe's Help
In Suing Trustees
American Tri-Ergon moved yester-
day to obtain authorization to sue the
Paramount Publix trustees in the
U. S. District Court here following
the refusal last week of Judge Mar-
cus B. Campbell in Brooklyn Federal
Court to permit that procedure there.
Tri-Ergon's petition for leave to
make the Paramount trustees, Charles
D. Hilles, Eugene W. Leake and
Charles E. Richardson, defendants in
actions for injunctions and account-
ings in the patent infringement liti-
gation was brought before Federal
Judg* William Bondy here yesterday
and referred by him to Federal Judge
Alfred C. Coxe, who has jurisdiction
(Continued on pape 9)
Price Fixing Issue
Up in Texas Court
Dallas, Nov. 14. — Suits to end
price fixing by contract have been filed
by R. Z. Glass, neighborhood exhibi-
tor, against the Hoblitzelle-Paramount
circuit in 14th District Court here. An
injunction is sought. Judge W. N.
Taylor has set Dec. 1 for a hearing.
Glass says he is suing for the bene-
fit of himself and all other Texas ex-
hibitors similarly situated.
Pat Rossell, Glass' attorney, says
(Continued on page 12)
Roxy Completes Deal
To Manage Mast baum
Philadelphia, Nov. 14. — S. L.
(Roxy) Rothafel has closed his deal
with Warners to take over personal
management of the Mastbaum on
Christmas day. The deal is between
the Roxy Philadelphia Corp. and the
Warner circuit.
Philadelphia, Nov. 14. — Local
papers tomorrow will release the story
on Roxy's deal with Warners to oper-
ate the Mastbaum. Details of the
deal are being arranged in" New York.
Bernerd Will Make
Headquarters Here
By BRUCE ALLAN
London, Nov. 14 {By Cable) —
When Jeffrey Bernerd sails again for
New York on Nov. 21, he will leave
(Continued on page 9)
MOTION PICTURE
DAILY
Thursday, November 15, 1934
MOTION PICTURE
DAILY
(Registered U. S. Patent Office)
Vol. 36
November IS, 1934 No. 116
Martin Quigley
Editor-in-Chief and Publish
MAURICE KANN
Editor
JAMES A. CRON
Advertising Manager
m
Published daily except Sunday, and holi-
days by Motion Picture Daily, Inc., sub-
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Martin Quigley, President; Colvin Brown.
Vice-President and Treasurer.
Publication Office: 1790 Broadway, New
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tents copyrighted 1934 by Motion Picture
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PICTURE ALMANAC and THE CHI-
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Entered as second class matter, Januarv
4, 1926, at the Post Office at New York
City, N. Y., under Act of March 3, 1879.
Subscription rates per year: $6 in the
Americas, except Canada $15 and foreign
$12. Single copies: 10 cents.
Kutisker to Manage
Bolognino's Houses
{Continued from page 1)
Bolognino's 18 houses. Kutisker will
retain his two Long Island houses.
First important job he is handling
is the Kingsbridge which is being
renovated and a new Neon sign
marquee installed. Steve Perutz,
formerly of Paramount, Fox West
Coast and last at the RKO, Richmond
Hill, is new manager at the Kings-
bridge. Admissions have been re-
duced for all performances except
Sunday evening.
After making a tour of all houses
under his supervision, Kutisker will
call a managers' meeting.
Trio Closes with M-G-M
Trio-Consolidated has closed with
M-G-M for the entire lineup in about
70 Greater New York theatres. Trio-
Consolidated includes 18 of Laurence
Bolognino's houses and the balance
Springer & Cocalis.
IEPA to Hold Party
Philadelphia, Nov. 14. — Members
of the I. E. P. A. will hold a Thanks-
giving dinner and dance at the Belle-
vue-Stratford, Sunday, Nov. 25.
Loew Unit in Missouri
St. Louis, Nov. 14.— Loew's Day-
ton Theatre Co. has been admitted
to do business in Missouri.
South Is Improving,
Says Howard Waugh
"Conditions are pretty good in the
South," Howard Waugh, Warner zone
manager in Memphis, stated yesterday
prior to his departure for home after
attending home office meetings. "The
South is always the first to pick up
because of the cotton and tobacco
rields," he added.
Waugh is in charge of 14 theatres
in Kentucky and Tennessee. He said
there is no move by exhibitors in
his towns to letter pictures, but the
Commercial Appeal has been classify-
ing them for the last four years.
Warner, Sears and
Smith Go to Coast
(Continued from page 1)
company has already completed or will
have by this week. These pictures
are : "Bordertown," "Sweet Adeline,"
"Sweet Music," "Devil Dogs of the
Air," "Gold Diggers of 1935" and
"The Right to Live."
Conferences will also be held with
Cosmopolitan heads on the first
Marion Davies vehicle to be made un-
der the new Warner-Cosmopolitan
affiliation which goes into effect Jan. 1.
Warners' Managers
Close Two-Day Meet
Winding up a two-day meeting of
zone managers, Joseph Bernhard and
home office executives held individual
meetings with the district men tor
discussions of local problems.
All zone heads left for their terri-
tories yesterday. During the first day's
session, general policies were dis-
cussed.
Blumenthal on Fox Met.
Harold Blumenthal is now advisor
to N. David Thompson, Irving Trust
representative at Fox Metropolitan
Playhouses. Irving Trust is receiver
for the circuit. Blumenthal is doing
the work formerly handled by Simon
Fabian, who resigned several months
ago when he took over the Fox,
Brooklyn.
Canadians to Hold Dance
Toronto, Nov. 14. — The annual ball
of the distributors and exhibitors at
the Royal York Hotel will be held
Friday under the auspices of a com-
mittee headed by Oscar R. Hanson.
Ohio ITO Contacting
All New Legislators
Columbus, Nov. 14. — Anticipating
the possibility of the pending sales
tax not being definitely settled during
the special session of the General As-
sembly which Governor Wrhite is ex-
pected to call next week, the Ohio I.
f. O. is beginning to contact the 89
out of 135 new representatives, and
18 out of 32 new senators who will be
inducted into the Ohio legislature Jan.
1. Congratulatory letters have been
written the new incumbents by the
exhibitor unit, and the organization is
urging its members personally to con
gratulate the incoming solons, and
otherwise cultivate their acquaintance
Although the special legislative ses-
sion is scheduled for Nov. 19, no of-
ficial announcement has yet been made
that this will be called.
Sales Tax Urged by
Wisconsin Chamber
Milwaukee, Nov. 14. — The Wis-
consin State Chamber of Commerce, in
a report to the interim committee on
taxation of the Wisconsin legislature
recommends a retail sales tax of three
per cent as a substitute for the state
income tax. There is every indication
that a sales tax bill will be introduced
into the 1935 Wisconsin legislature, but
whether or not it will survive passage
remains to be seen.
Indies Here Object
To Late Conventions
(Continued from page 1)
September, October and November,
the three best months of the year, they
are forced to play re-issues and lose
a lot of business which goes to the
circuits. The contention is that inde-
pendents cannot get product during
these months because they have not
completed new product deals and thus
have to resort to re-issues. Circuits,
meanwhile, have closed their deals and
are playing new releases which follow
into the smaller houses several months
later.
Brown Leaves Tomorrow
Clarence Brown, who recently
signed a new three-year M-G-M
directorial contract, leaves for the
coast tomorrow. His original plans
were to leave yesterday by plane since
his contract becomes effective today.
Consolidated Pfd. Up Half on Big Board
High Low Close
Columbia Pictures, vtc 37% 37 37
Consolidated Film Industries 3% 3 3%
Consolidated Film Industries, pfd 16J^ 1554 16%
Eastman Kodak 110% 110 110%
Fox Film "A" 13% 13 13%
Loew's, Inc 31 30 30%
Paramount Publix 4% 4 4
Pathe Exchange 1% 1% 1%
RKO 14% 13% 14%
Warner Bros 4% 4% 4%
Net
Change
+ %
+ %
+ %
— %
+ %
+1%
- %
Technicolor Loses Eighth on Curb
Hig"h Low Close
Technicolor 12% 12% 12%
Trans Lux 2 2 2
Net
Change
Warner Bonds Drop Half Point
High Low Close
General Theatre Equipment 6s '40 6% 6!4 6%
General Theatre Equipment 6s '40, ctf 6% 6% 6%
Keith B. F. 6s '46 63% 63% 63%
Loew's 6s '41. ww deb rights 104 104 104
Paramount Broadway 5%s 'SI 4054 4054 40%
Paramount F. L. 6s '47 V. 57 56% 57
Paramount Publix 554s '50.., 57% 57 57%
Pathe 7s '37, ww •" 99 99 99
Warner Bros. 6s '39, wd„. ..,...,.:,.„.,. .[.. '. '. '. '. 58% 58% 58%
Net
Change
+ 54
-54
- %
Sales
200
500
1.800
1.000
1.400
3.400
1,700
300
3.400
3.600
Sales
500
100
Sales
3
1
2
3
1
1
5
1
1
< Purely
Personal ►
SAM WEINER of the Warner-
home office is the proud father o:"
a seven and a half pound boy. Mother
and son are doing well at St. Claire'v
hospital.
Al Alt, producer of Altmont Pic-
tures, has left for the coast after con-
ferences here with Dave Mountan of
Spectrum Pictures.
Tom Howard starts work on his
new series for Educational today. He
plans to spend his time between pic-
tures in Florida.
Arthur Brisbane today will pre-
sent to Mary Pickford a scroll ex-
tending to her honorary membership
in the AMPA.
David E. W'eshner, Warner zone
manager in Milwaukee, left yesterday
to return to his post after home office
conferences.
Jesse L. Lasky, Jr., and Gladys
Unger ^ have sold their play, "Private
Beach," now running in Los Angeles,
to Fox.
Herb Williams, now appearing in
"The Farmer Takes a Wife," starts
work on a Yitaphone short tomorrow.
George Kelly's stage play, "The
Torch Bearers," has been purchased
by Fox. B. G. DeSylva will produce.
Ralph Clark, Wrarner Australian-
New Zealand head, is in town until
after the first of the year.
Annie Fellows Johnston's "The
Little Colonel" has been acquired by
Fox for Shirley Temple.
Corinne Griffith, making her first
trip here in several years, is at the
Lombardy.
Ricardo Cortez flew in from the
coast yesterday.
Annual Mass Saturday
The annual requiem mass in memory
of the deceased members qf the Cath-
olic Actors' Guild will be sung Satur-
day at 10 A, M, in the Actors' Chape!
of St. Malachy's Church. Rev. E. F.
Leonard, chaplain of the Guild, will
celebrate the mass.
Roxy Booked to Jan, U
If the Roxy books any Fox pictures
they will have to be dated after Jan.
15. The house is booked solid until
that date. However, the Rialto may
spht with the Mayfair on Fqx films
not slated for the Music Hajl,
Bernstein Expands
c h0XmZ' Nov' R <jy Cable)-
Sydney Bernstein, well known British
exhibitor, has purchased the Hippo-
drome, famous vaudeville house in
-Manchester, and will rebuild it as a
3,000-seater.
Story Department Moves
The Fox story department, under
the direction of Thomas B. Costain
who was recently appointed, has moved
its headquarters from the home office
to the RCA Building in Radio City.
Columbia to Open Two
Columbia will have two Broadway
openings Thanksgiving Wreek. "The
Captain Hates the Sea" will start at
the Rialto, while "Broadway Bill" is
due to open at the Music Hall.
THE PICTURE OF THE WEEK
For its courage, its timely theme, its vivid drama of today's youth, the palm for out-
standing quality among this week's releases goes to Warner Bros.' "fine achievement"—
"GENTLEMEN ARE BORN"
with Franchot Tone, Jean Muir, Margaret Lindsay, Ann Dvorak, Ross Alexander, Nick
Foran. Directed by Alfred E. Green. A First National picture released November 17th.1
This is the new
ARBO
DANCE!
Go into
your
dance
boys! It's
M-G-M
music on
the cash
register!
Joyfully posed by
Manager Hall Baetz
of FoxWilshireTheatre
in Los Angeles I
a
He played "THE PAINTED
VEIL" in advance preview
at his neighborhood theatre* j
He's got good news for you:
Exhibitors are in for a real thrill Garbo's
in the kind of modern role that made her
America's idol Gorgeous, seductive, exciting.
What a picture for the palpitating fans who
yearn for a big heart thrill 'The Painted
Veil5 is a sure hit!"
* (signed) HALL BAETZ
A new Garbo on the screen in 'THE PAINTED VEIL'.
More human, more sensitive, more depth/1
-EDWIN SCHALLERT in LOS ANGELES TIMES
GARBO in "THE PAINTED VEIL"
with HERBERT MARSHALL, GEORGE
BRENT. Warner Oland, Jean Hersholt, Katharine Alexander
Directed by Richard Boleslawski • Based on the novel by W. Somerset Maugham
Produced by Hunt Stromber" • A Metro -Goldwyn- Mayer Picture
WORLD
PREMIERE
*( Pre -Release)
RADIO CITY
MUSIC HALL
THANKSGIVING
In FRANK CAPRA'f
by Robert Risk in
Based on the Story by Mark Hellinger
IN a year which has
been outstanding for
noteworthy pictures,
the nation's finest
theatre has selected this
COLUMBIA picture
for its most important
playdate . . .
MYRNA
MOTION PICTURE
DAILY
Thursday, November 15, 1934
"Galante" and
Show $33,000
Boston Smash
Boston, Nov. 14. — Cold weather and
election night shows helped boost
grosses. The big noise of the week was
"Marie Galante" and a vaudeville bill
headed by the Foy family at the Met-
ropolitan. The $33,000 gross was over
the line by $5,000.
"The Merry Widow" garnered $19,-
000, up by $3,000, at Loew's State.
"Menace" was $2,000 up on a $10,000
total at the Fenway, and "Gridiron
Flash" topped par by the same amount
on an $18,000 gross at the Boston.
Total first run business was $108,-
000. Average is $94,000.
Estimated takings for the week end-
ing Nov. 8:
"GRIDIRON FLASH." (Radio)
BOSTON— (2,900), 25c-50c, 7 days. "Gay
Nineties Revue, Ranny Weeks and or-
chestra. Gross: $18,000. (Average, $16,000)
"I SELL ANYTHING" (F. N.)
"MENACE" (Para.)
FENWAY — (1,800), 30c-S0c, 7 days. Gross:
$10,000. (Average, $9,000)
"THE RICHEST GIRL IN THE WORLD"
(Radio)
KEITH'S— (3,500), 25c-65c, 7 days. Jose-
phine Elberry, singer. Gross: $18,000. (Av-
erage, $16,000)
"MERRY WIDOW" (M-G-M)
LOEW'S STATE— (3,700) , 35c-50c, 7 days.
Gross: $19,000. (Average, $16,000)
"MARIE GALANTE" (Fox)
METROPOLITAN— (4,350), 30c-65c, 7
days. Foy family and Elida Ballet. Gross:
$33,000 (Average, $28,000)
"I SELL ANYTHING" (F. N.)
"MENACE" (Para.)
PARAMOUNT— (1,800), 30e-50c, 7 days.
Gross: $10,000. (Average, $9,000)
"Chow," Show Pull
Providence Takes
Providence, Nov. 14. — A combo bill
of "Chu Chin Chow" on the screen and
a revue, "Broadway vs. Hollywood,"
lifted the weekly take at the RKO
Albee up to $9,800. The film was
yanked after four days and "Gridiron
Flash" was substituted. The usual take
at this house is around $7,000.
Fay's, another house with a vaude-
film policy, came under the wire with
a heavy $8,000, which is $1,000 over
average. The Strand was $500 over
normal $6,500, with "Ready for Love"
and "Menace." The Majestic had an
average week with "Marie Galante"
and "Peck's Bad Boy." "The Merry
Widow" failed to click at Loew's,
catching only $9,000.
Total first run business was $42,100.
Average is $40,500.
Estimated takings for the week end-
ing Nov. 8 :
"CHU CHIN CHOW" (Gaumont British)
RKO ALBEE— (2,300), 15c-40c, 7 days.
Stage: "Broadway vs. Hollywood," revue.
"Chow" supplanted by "Gridiron Flash"
after four days. Gross: $9,800. (Average,
$7,000)
"READY FOR LOVE" (Para.)
"MENACE" (Para.)
STRAND— (2,300), 15c-40c, 7 days. Grosst
$7,000. (Average, $6,500)
"PECK'S BAD BOY" (Fox)
"MARIE GALANTE" (Fox)
MAJESTIC— (2,400), 15c-40c, 7 days
Gross: $7,000. (Average, $7,000)
"DRAGON MURDER CASE" (Warners)
FAY'S— (3,800), 15c-40c, 7 days. Stage:
Harry Lang and revue. Gross: $8,000. (Av-
erage, $7,000)
"THE MERRY WIDOW" (M-G-M)
LOEW'S STATE— (3,800), 15c-40c, 7 days.
Gross: $9,000. (Average, $12,000)
"WAKE UP AND DREAM" (Radio)
"THE MOONSTONE" (Monogram)
RKO VICTORY— (1,600), 10c-25c, 4 days.
Gross: $1,300. (Average, $1,000)
MOTION PICTURE DAILY*
HOLLYWOOD PREVIEW
"Bachelor of Arts"
(Fox)
Hollywood, Nov. 14. — Typical college picture with little novelty or
new ideas to lift it from the ordinary classification. There are, however,
a number of box-office names which will mean a lot to the neighborhood
and small town theatre. Among them are Tom Brown, Anita Louise,
George Meeker, Arline Judge, Henry B. Walthall, Stepin Fetchit and
Mae Marsh. A little exploitation will help a lot.
Brown, scion of a wealthy manufacturer, enters college with all the
prospects of finishing with several degrees. His room mate, Frank
What the Symbols Mean
Reviews classified with a "G" are regarded as suitable for
general entertainment.
Those with an "A" are regarded as suitable for adult enter-
tainment.
Albertson, starts Brown off on the wrong track and he has a hard job
keeping to his studies. Even Miss Louise, with whom Brown falls in
love, fails to make Brown attend to business.
Walthall and Mae Marsh do the trick. Walthall is an English pro-
fessor, and Miss Marsh his ailing wife. Brown becomes attached to the
couple and he even goes out of the way to secure money to send them
to Arizona for Miss Marsh's health.
Brown's romance with Miss Louise straightens itself out with the
help of Meeker, himself in love with the heroine, but hopelessly out-
classed by his younger rival.
Production Code Seal No. 336. Running time, 74 minutes. Classifi-
cation: "G."
Looking 9Em Over
Rocky Rhodes"
(Universal)
Here is a western that is above the average. It has a plausible theme,
fast action, good character portrayals and, above all, a story that holds
audeince interest because its action and suspense are continuous.
The yarn has Buck Jones working in the Chicago stockyards with
his pal, Walter Miller, a former gangster with ambitions to be a cowboy,
until he is called home where his father is on the verge of losing the fam-
ily ranch to scheming Stanley Fields. Jones assists Shirley Grey in keep-
ing her homestead, which is adjacent to his, and, while aiding her, discov-
ers that his father has been murdered and a friend of his, who had been
accused of causing his father's death, killed while escaping from jail.
Fields, to rid himself of the menace of Jones' presence, frames him on a
charge of robbing the bank and Jones is forced to flee only to return
and clear himself and his dead friend. The finish is a fight in Miss Grey's
ranch, under which Fields had planted dynamite and the death of the
villain. The fade-out finds Jones and Miss Grey in each other's arms.
The picture should please wherever played, particularly because of
the comedy performance of Miller and the convincing characterization
by Jones. Al Roboch's direction leaves nothing to be desired and the
photography of Ted McCord is good. Production code seal, No. 182
Running time, 60 minutes. Classification : "G."
Frontier Days
(Spectrum)
Many of the story elements here are much like other westerns — a
mysterious stranger rides in from nowhere, is suspected of murder and
cattle rustling, but turns out in the end to be an officer running down
the stage coach robbers and cattle stealers.
The ingredients, however, are mixed better than in some of the for-
mulas, and there are some fine scenic backgrounds made at the foot of
the magnificent Sierras near Lone Pine, Cal.
Bill Cody is the stranger who saves the ranch of Ada Ince's father,
Franklyn Farnum, and eventually wins the girl after Wheeler Oakman,
(Continued on page 9)
"Love" Beats
"Widow" for
Seattle Lead
Seattle, Nov. 14. — "One Night of
Love" and "The Merry Widow" hit
town at the same time, and the for-
mer demonstrated superior drawing
powers. It went over par by $3,000 for
a $7,000 take at the Liberty. "Widow,"
on the other hand, was only $1,500
over the line on an $8,500 take at the
larger Fifth Avenue.
"The Gay Divorcee," at the Blue
Mouse in its second week of an ex-
tended run from the Music Hall, held
up in spite of the terrific competition.
The take was $4,100.
Total first run business was $38,150.
Average is $36,500.
Estimated takings for the week end-
ing Nov. 10.
"THE GAY DIVORCEE" (Radio)
BLUE MOUSE— (950), 25c-40c-55c, 7 days,
2nd week of extended run from Music
Hall. Gross: $4,100. (Average, $4,000)
"THE MERRY WIDOW" (M-G-M)
FIFTH AVENUE— (2,450), 25c-40c-55c, 7
days. Gross: $6,500. (Average, $7,000)
"ONE NIGHT OF LOVE" (Col.)
LIBERTY — (1,800), 15c-25c-35c, 7 days.
Gross: $7,000. (Average, $4,000)
"GIRL OF THE LIMBERLOST"
(Monogram)
MUSIC BOX— (950), 25c-35c-50c, 7 days,
extended run from Orpheum. Gross: $3,100.
(Average, $3,500)
"WE LIVE AGAIN" (U. A.)
MUSIC HALL— (2.275), 25c-40c-55c, 7
days. Gross: $5,350. (Average, $6,500)
"BIG HEARTED HERBERT" (F. N.)
ORPHEUM— (2,350), 25c-35c, 7 days.
Vaudeville headed by Phil Rich. Gross:
$5,000. (Average, $5,500)
"CARAVAN" (Fox)
PARAMOUNT— (3.050), 25c-35c, 7 days.
Stage: Featuring Long Tack Sam. Gross:
$5,100. (Average, $6,000)
Warners Putting on
Big Phila. Campaign
Philadelphia, Nov. 14. — Greatest
direct campaign in the history of
Warner operation here is now being
carried on for family and adult classi-
fication of films and its reduced ad-
mission prices.
Institutional advertising in the dai-
lies and an extensive billboard cam-
paign have marked a deviation from
the straight policy of advertising cur-
rent product. The company seems
determined to sell its policies as well
as its product by direct appeal to the
consumer.
Cincy Reviews Have
Marking for Adults
Cincinnati, Nov. 14. — While no
action has been taken by exhibitors or
newspapers to indicate suitability of
films for adult or juvenile patronage,
this distinction is shown, partially, at
least, in first run film reviews by the
Cincinnati Better Films Council. The
reviews, released through the local
dailies, specify pictures suitable for
adults, leaving the inference that the
others may be attended by juveniles.
Kress, Gore Buy House
Lake City, Fla., Nov. 14. — Milton
H. Kress, former Publix manager, has
purchased L. V. Goodbread's inter-
est in the New Grand. His partner
is Butler Gore, owner of a number of
houses.
ursday, November 15, 1934
MOTION PICTURE
DAILY
•Says Press in
N.Y.Aids Red
Propaganda
(Continued from page 1)
'ew York Times and Richard Watts,
r., of the New York Herald-Tribune,
Lit scores the editors of "two of
.merica's greatest and most construc-
vely conservative newspapers," with
sing asleep on the job on the night
ie Sennwald and Watts comment
assed the copy desk and thus achieved
ublication in the columns of their re-
pective newspapers the following
jorning.
Asserting that "Three Songs About
>.enin" is another effort of the Soviet
) "make a forum of the American
:reen," the editor of the Herald re-
minds that the American screen for
ne four decades of its building, "held
self especially in the entertainment
srvice of the whole people and free
f all or any manner of special plead-
ag."
Likened to "Soap Box Speech"
Furthermore, Ramsaye finds himself
l total disagreement with published
ewspaper comment which held the
icture about Lenin to be representa-
ive of a new technique. "This pic-
ure," he asserts at one point, "in its
rimitive emotional content and inept
lessages of state has the precise qual-
y of a soap box speech in Union
■quare. In cinematographic quality, it
oes not compare favorably with over-
ight assemblage of topical film made
i the newsreel editing offices in New
fork."
If Sennwald's review in the Times
> correct in describing the picture as
lazing "a trail into the infinity,"
tamsaye wonders how it came about
hat the Times failed to run the com-
ient on the first page. "The Times
> a fancier of discoveries," he states
arcastically, "and it would seem that
he sizable progress into the territory
f anybody's infinity would rate as
lews fairly high even alongside 'Little
America' and the frosty chirps of
Commander Byrd."
Criticizes Watts' Article
Castigating Watts' comment in the
ierald-T ribune , Ramsaye also refers
o an article by the former in the
November issue of New Theatre, or-
tan of the League of Workers' The-
itres. In that article Watts charges
hat the "most frank and vicious anti-
adical propaganda I have found in
he films for several years was in a
■ox picture called 'I Believed in You'."
Ramsaye disposes of that allegation
vith this:
"Just fancy Mr. Watts spending
several years' looking for 'frank and
[icious anti-radical propaganda' and
inally coming up with the perfect
pecimen like that!
"But Mr. Watts," continues Ram-
aye, "is sure that he sees 'shifting
ityles' in the treatment of the Soviet
Jnion and that the producers of Hol-
ywood are making desperate but in-
:ffectual efforts to keep pace with
what they see as popular sentiment in
he matter.'
"Mr. Watts is so generous as to
)bserve to the readers of the New
Theatre that he feels that, while the
California producers are 'heartily if
iometimes furtively on the side of the
Looking 'Em Over
(Continued from page 8)
banker and head of a band of crooks, has ridden over a cliff into a lake.
Chico, Cody's horse, does some spectacular stunts.
Young Bill Cody, Jr., pulls some good comedy stunts that ought to
increase the juvenile appeal of the film. The photography is splendid.
Direction was by Bob Hill.
Previewed without production code seal. Running time, 61 minutes.
Classification: "G."
"Fugitive Road
(Chesterfield)
Invincible has produced in "Fugitive Road" entertainment that is
interesting chiefly for its atmospheric treatment. The characters are
true to type and the backgrounds add to the realism of the story.
The setting is an Austrian military post on the Austro-Italian frontier.
The commandant is Erich Von Stroheim, who has felt the lack of
feminine companionship in the eight months he has been there. The
arrival of Wera Engels, a Russian girl on her way to America, is wel-
comed. He pretends her passport is false in order to detain her. The
girl allows him to make love in the hope he will relent and permit her
to proceed.
During her detainment Miss Engels meets Leslie Fenton, an Ameri-
can gangster being held as a fugitive from justice. Fenton shatters
Von Stroheim's love plans by forcing the commandant at pistol point
to have a marriage arranged between Miss Engels and himself. His
purpose is to extend to the girl the protection of his American citizen-
ship. When Fenton finds Miss Engels has fallen for him he is consid-
erably disturbed. But before the final fadeout the two are mutually in
love. In the end Von Stroheim turns noble and fixes things so the couple
can go on.
The scenes between Miss Engels and Von Stroheim carry too much
of a suggestion of attempted seduction to rate this as family entertain-
ment.
Hank Mann, George Humbert and Ferdinand Schumann-Heink are
also in the cast. Frank Strayer directed.
No code seal. Running time, 66 minutes. Classification: "A."
"The Blue Danube"
(Mundits Pictures)
A slight but pleasing production, charming in its musical content and
photographic accomplishment. The simplicity of its story is enhanced
by restrained performances by the principles, Joseph Schildkraut,
Dorothy Bouchier, Brigitte Helm and Desmond Jeans, and the dis-
criminating direction of Herbert Wilcox. It serves as a proper setting
for the music of Alfred Rode and his Royal Tzigane Orchestra, which
is really the feature of the production and its reason for being. Members
of the orchestra are described as Tzigane gypsies, formerly of the
Austrian and Hungarian forest lands.
The story is that of Sandor and Yutka, gypsy lovers, played by
Schildkraut and Miss Bouchier, who are estranged when Sandor keeps
a tryst with Miss Helm, a countess in whose home the gypsy orchestra
has played. Yutka, the gypsy girl, aware of her lover's faithlessness,
deserts the gypsy tribe. Sandor goes in search of her and, in time,
finds her married to a wealthy man. He re-wins her and they plan to
return together to the tribe. On the night of their planned departure
Yutka witnesses an accidental meeting between Sandor and Miss Helm
and, believing them still to be in love, returns to her home with her
husband. Sandor goes back to the tribe alone.
"The Blue Danube" should please music lovers and class audiences.
Production code seal, No. 080. Running time, 48 minutes. Classifica-
tion: "G."
"Redhead," which opens at the Criterion this morning, was reviewed on
Sept. 18.
established order,' it is because of in-
stinct rather than of 'intellectual
malice.' "
While the Herald's editor finds him-
self emphatically at odds with Senn-
wald and Watts and, therefore, their
newspapers, he remarks Eileen Creel-
man, critic of the New York Sun,
was able to sit through "Three Songs
About Lenin" without "incurring
spasms."
He concludes with a dig at the
Soviet theory of government and plays
with the thought that perhaps Senn-
wald and Watts will be decorated by
Moscow for their services.
Court Holds Cincy Case
Columbus, Nov. 14. — U. S. District
Judge Benson W. Hough has under
advisement an action brought by the
Provident Savings Bank & Trust Co.
of Cincinnati to set aside the appoint-
ment of Ben L. Heidingsfeld as re-
ceiver of the Shubert and Cox theatres
at Cincinnati. Fraud is charged.
Tri-Ergon in
New Move for
Para. Action
(Continued from page 1)
over Paramount's reorganization pro-
ceedings.
Judge Coxe two weeks ago granted
leave to Tri-Ergon to continue its
patent infringement litigations against
Paramount Publix by lifting the Fed-
eral injunction which restrains cred-
itors from continuing or bringng new
suits against a debtor corporation.
Successful prosecution by Tri-Ergon
of litigation against Paramount Pub-
lix, however, would not have the
effect of binding the Paramount trus-
tees, whose jurisdiction extends over
active Paramount subsidiaries.
In the event Judge Coxe authorizes
Tri-Ergon to proceed against the
trustees it is considered unlikely that
any action along these lines would be
taken prior to the pending Supreme
Court review of the validity of the
Tri-Ergon patents. The patents com-
pany merely would be placed in a
position where it could institute im-
mediate actions against the trustees
in the event of a Supreme Court de-
cision favorable to it.
Tri-Ergon sought to include the
trustees in its litigation in the prepara-
tion of a mandate for Judge Camp-
bell's signature in Brooklyn about 10
days ago. Charles Neave, represent-
ing Paramount, objected to this phase
of the mandate and was later up-
held by Judge Campbell who ruled
that the broad jurisdictional powers
over Paramount held by Judge Coxe
properly gave to the latter the right
to rule on this point. Judge Coxe
is expected to render a decision within
the next few days.
Bernerd Will Make
Headquarters Here
(Continued from page 1)
British shores for a year. Instead
of visiting the States, he will go into
reverse and visit London under the
arrangement which transplants his
activities to America on behalf of
Gaumont British.
The company continues to express
its satisfaction over the progress re-
ported to date on American activities.
Its executives already have seen "The
Iron Duke" and admit readily it's a
picture. The Music Hall in New York
will get it first run, it is declared
here.
MPTO to Open Rooms
Philadelphia, Nov. 14. — The M. P.
T. O. of Eastern Pennsylvania, South-
ern New Jersey and Delaware will
dedicate its new headquarters, on the
second floor of the northeast corner of
13th and Vine Sts. on Nov. 23. The
new offices will provide space for board
meetings and small gatherings. The
large open meetings will probably still
be held at one of the local hotels.
The dedicatory luncheon will be at
the Hotel Adelphia.
Sunday Vaude Stopped
Albany, Nov. 14. — Sunday vaude-
ville has been stopped at Har-
manus Bleecker Hall after a warning
from the police that it is against the
law.
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/ORLD'S FINEST!
MOTION PICTURE
DAILY
12
Kansas City's
Premium Move
Starts Appeal
{Continued from page 1)
personnel which ruled the declara-
tion under which the ban was made
effective carried less than the required
75 per cent vote of unaffiliated ex-
hibitors. The first board accepted the
declaration as containing more than
the required number of signatures.
The reason for the difference of opin-
ion is ascribed to the fact that each
board had an entirely different per-
sonnel.
Members of the original grievance
board declare the body which heard
the cases exceeded its authority in
reversing the first decision, that it
thus set itself up as an appeal board
and that only Campi could reverse the
original action.
They also impeach the procedure in
conducting the hearing, charging the
cases were not heard completely and
the respondent exhibitors were not
given an opportunity to say whether
or not they were guilty. An attorney
representing a group of exhibitors
using premiums and premium distrib-
utors did all the talking for the re-
spondents.
Authority Envoys
Hold No Set Views
(Continued from page 1)
will advise on the legality of recom-
mendations made.
First session of a two-day meeting
in Kansas City will be held tomorrow.
Both code board members are sanguine
that they will return with something
that they can present to Campi on
Nov. 22 as the first clearance and
zoning plan that should be adopted. It
is regarded as certain that if the code
men and Kansas City exhibitors and
distributors agree on principles of the
plan it will be passed upon favor-
ably by Code Authority.
Principal obstacle to the schedule is
the setting of clearances based on ad-
missions. According to code men,
factors other than admissions must be
taken into consideration. There is the
cost of the film, the type of house,
seating capacity, distance between runs
and policies which are regarded as
vital issues, it is said.
To Be Open to Suggestions
However, the Campi men are leav-
ing with a cooperative spirit, they say,
and will be open to suggestions as
well as ready to give them when they
meet Kansas City's code board.
Schaefer, Golden and Dillard, Jr., will
return Monday and will present their
findings to Code Authority the fol-
lowing Thursday.
As soon as Campi disposes of the
Kansas City clearance and zoning,
appeal hearings on the following
schedules will be set: Atlanta, Jack-
sonville, Birmingham, Cleveland, New
Haven (revised), Hartford, Bridge-
port, Memphis, New Orleans and
Dallas.
It is expected that Code Authority
will adopt the Kansas City plan fol-
lowing the return of Schaefer
and Golden, who tomorrow start
two-day conferences with the lo-
cal exhibitor groups. When this
schedule is settled, the basic ideas to be
followed will be outlined in the new
schedules to be heard on appeal.
Already appealed are the Los An-
geles, Cincinnati, Columbus, Dayton,
tfuttalo, Indianapolis, San .Francisco,
San Jose, Detroit, Portland, Seattle
and rrovo, Utah, schedules.
Campi Group Eagerly Awaited
Kansas City, Mo., Nov. 14. — The
industry here today was awaiting
eagerly the arrival of George J. Schae-
fer, Edward Golden and Tyree Dillard,
Jr. On John C. Llinn's instructions
the local code secretary has mapped
out a program including a meeting
with the clearance board at 10 A. M.
Friday at the local Variety Club in
the Muehlebach Hotel, followed by a
mass meeting of all exhibitors of this
city and Kansas City, Kan., at 2 :.30
in the afternoon.
Bolognino Loses to
Loew on Clearance
Laurence Bolognino has lost his
complaint against Loew's Victory,
which he claimed had excessive clear-
ance over the Fleetwood and Forum.
Bolognino now plans to take the case
to Washington since, it is held, Campi
did not decide unanimously in favor of
Loew's.
This is the case which has been on
Campi's docket several times. A de-
cision was handed down some months
ago whereby it was declared that
Loew's was to have protection over
only one house. Loew's asked for
a retrial, but during the interim efforts
were made to settle the matter.
This didn't materialize and the case
was heard again with independent
members of Code Authority fighting
for Trio-Consolidated and Loew's
finally coming out the victor. As a
result, the clearance situation stays
as it was before the complaint was
filed.
ITOA Men Critical
Of Code's Effects
(Continued from page 1)
attending the session urged an organ-
ized movement of independent exhib-
itors all over the country to attack the
code and the setups of local boards.
It was stated that the distributors'
balance of power at Campi is ruining
the independent and some action must
be taken.
The question of affiliating with Al-
lied came up for discussion. Leon
Rosenblatt was informed yesterday he
was chairman of the committee to
study the proposed affiliation, but
since it was news to him he could
not report on the matter. There are
four other members on the committee,
one of whom is Dr. Leon Greenfield
of the Boro Hall, Paras-Court and
Gloria in Brooklyn.
Strauss of NRA in
Omaha for Confabs
Omaha, Nov. 14. — Robert K.
Strauss, of the NRA is here today to
meet with 12 members and the sec-
retary of the local code boards. The
meeting has for its purpose "to obtain
a much more efficient and economic
form of industrial self-government by
the code authorities," H. T. William-
son, acting Nebraska NRA director,
informed Miss Regina Molseed, local
secretary. Omaha is one of 16 cities
in which similar meetings are being
held.
Richards and Para.
Agree on Circuit
(Continued from page 1)
may require a week or 10 days, de-
spite tne tact that the plan is com-
plete in all respects except those per-
taining to Kicnards' participation, it
was stated yesterday. the revised
pian will tnen be nied here lor ired-
erai court approval.
it is understood that the agreement
involves concessions on the part ot
ooth Kichards and Paramount, but
ettects a reduction of Richards' stock
ownership in the new company. The
original iaenger reorganization plan
provided that Richards was to ac-
quire all of the Class A stock of the
new company for $^5,000, and Para-
mount all ot the Class B. This and
other provisions of the original plan, it
is understood, are modified in several
important respects as a result of the
new agreement.
Karl Hoblitzelle, Paramount operat-
ing partner in Interstate Circuit, Tex-
as, represented Richards in the nego-
tiations with the trustees. Richards,
who has remained here during the
negotiations without participating in
them directly, returns to New Or-
leans this week-end.
Para, Trustee Bank
Suit Delayed Again
(Continued from page 1)
reached with Paramount reorganiza-
tion factors but cannot be made ef-
fective until the Paramount reorgani-
zation plan is completed. Trustees,
in the meantime, retain their cause
of action against the banks as a re-
sult of the claims which, the trustees
allege, are based on an invalid credit
transaction of 1932.
Chicago Voting on
Ban on Giveaways
Chicago, Nov. 14. — Whether or not
premiums and gifts shall come under
the code ban will be voted upon by
exhibitors in the local and metro-
politan area. Ballots on the question
are being placed in the mail.
Three Appeals Are Heard
Three code cases were heard by a
Campi appeal committee yesterday
consisting of Gradwell Sears, Ed
Kuykendall and William Yoost. The
cases were: George Fischer, Vogue,
Kenosha, Wis., against Hugo Vogel
and Sam Levinson, Butterfly, same
city, on giveaways ; Atanasoff Broth-
ers, World, Milwaukee, against War-
ners, U. A., M-G-M, Radio, Fox and
Gem, on overbuying ; Jensen Amuse-
ment Co., Ritz, Lindsay, Okla., against
Harry G. and Mrs. Waldron, Blue
Moon, Oklahoma City, on lease inter-
ference.
Philip C. Moore Dead
Scranton, Nov. 14. — Philip C.
Moore, manager of the Riviera The-
atre, a Comerford house, died at his
home here after a brief illness. Moore
had been in the employ of Comerford
interests for a number of years. His
widow and four children survive.
Sparks Builds in Tampa
Tampa, Nov. 14. — Sparks is build-
ing a new neighborhood house at
Nebraska and Forest Aves., the Tam-
pa Heights section.
Thursday, November 15, 1934
Details Set
For "Time's"
Dramatic Reel
(Continued from page 1)
recently bought a half interest in First
Division Exchanges and a few days
ago incorporated a producing unit to
start eight features on the coast.
Test reels have been tried out in
eastern cities and towns. It is said
that $175,000 has been spent in experi-
ments. The first issue is to come out
Dec. 20.
"The March of Time," the maga-
zine's radio broadcast, will furnish the
basic idea of the reel. The idea is to
take library shots and staged material
to build up an understanding of the
current scenes and to follow up with a
dramatic ending, thereby making the
background of the news more under-
standable and giving it dramatic value.
To Use Movietone Library
The library of Fox Movietonews
will be used for the build-up shots.
Roy E. Larsen, one of the originators
of the idea, who is vice-president in
charge of promotion for Time, Inc.,
will head the newsreel organization.
Associated with him will be John S.
Martin, managing editor of Time, and
Louis de Rochemont, formerly with
Fox Movietone. He will be managing
editor of the reel. Daniel Longwell
will be in charge of promotion and
Richard de Rochemont, brother of
Louis, will have charge of the Eu-
ropean organization. He edited for-
eign versions of Fox Movietone for
four years.
Facilities of Fox Movietone, except
its camera crews, will be available to
Time under an arrangement with
Truman Talley, producer of Fox
Movietonews.
Dwight Cooke, Tom Orchard and
Woodruff Wallner, Time editorialists
will work on the reel. Other mem-
bers of the staff will be Joseph Trima-
rice, librarian of Fox Movietone, and
Charles Morrison, Louise Logue, Mor-
ris Reizman and John Dullaghan.
Sales will be limited at first with
the country divided into about 3.00C
areas. One exhibitor in each will get
the reel. The idea is to give him full
benefit of the promotion and to build
up a sales demand. Exhibitors finding
it unsatisfactory will be permitted tc
cancel their contracts, it is said.
Price Fixing Issue
Up in Texas Court
(Continued from page 1)
dictation of admission scales by dis-
tributors is hurting independents.
Hoblitzelle is said to demand that sub-
sequents following his first runs at 4C
cents shall charge 25 cents.
R. J. O'Donnell and his attorney
John R. Moroney, say papers have nol
been served upon them as yet.
Madeleine Carroll Signed
Hollywood, Nov. 14. — Darryl F
Zanuck has signed Madeleine Carrol!
for the feminine lead opposite Clark
Gable in "The Call of the Wild." Miss
Carroll is in London at present bui
will leave for America shortly.
The Leading
Ne^^^\
MOTION PICTURE
DAILY
Alert,
Intelligent
the In
in All
Branches
VOL. 36. NO. 117
NEW YORK, FRIDAY, NOVEMBER 16, 1934
TEN CENTS
Asserts Never
Sought a Man
For Hays' Job
Directors Deny Rumors,
Including Flynn's
Taking official cognizance for the
first time of constantly recurring ru-
mors that moves were afoot to re-
place Will H. Hays, as head of the
M. P. P. D. A., the presidents or
ranking executives of seven of his
member companies yesterday denied
that Hays' post had ever been of-
fered to anyone else.
The statement took the form of a
telegram to the managing editor of
the Los Angeles Times hitting at the
report published in that newspaper
and widely throughout the nation that
Hays was to be succeeded by Edward
J. Flynn, prominent in Democratic
{Continued on page 6)
Cite Film Ads as
Model for Cleanup
The industry's Advertising Advis-
ory Council, headed by J. J. Mc-
Carthy, has accomplished the first
successful, large-scale regulation of
its advertising from within by any
large industry, Printers' Ink says in
an article headed "Movie Advertis-
ing Is Clean," appearing in the cur-
rent issue.
The Advisory Council's "reforma-
(Continued on page 6)
Kutisker Is Winner
In Clearance Case
Morris Kutisker won his clearance
case against A. H. Schwartz yester-
day when the main New York clear-
ance and zoning board affirmed a rec-
ommendation of the advisory commit-
tee. With Louis Nizer as his attor-
ney, Kutisker last week complained
that Schwartz's Floral Park, Floral
Park, L. I., was taking clearance over
the Community, Queens Village, for
the first time. The protection clause
was in a Paramount contract.
The decision sets a precedent for
other contracts Schwartz may nego-
tiate.
Transfer Five Ohio
Spots to Para. Unit
Cincinnati, Nov. 15.— Official
transfer was completed yesterday to
South Ohio Theatres, Inc., new Par-
amount subsidiary, of the Paramount,
{Continued on page 16)
In the Black
New Haven, Nov. 15. — To-
day marks one year since
Loew's took over operation of
the Poli circuit. Practically
all houses are showing a
profit under the new man-
agement.
ERPI TO FIGURE
IN A.T. & T. Probe
Pennsylvania
1933 Grosses
$30,891,000
Washington, Nov. 15. — Total re-
ceipts of $30,891,000 were reported to-
day for 1933 by 745 Pennsylvania the-
atres by the U. S. Census Bureau.
Payrolls aggregated $5,872,000, it was
said.
Admittedly incomplete figures for
cities, particularly Allentown, Altoona
and Johnstown, where they do not
compare favorably with other cities of
like size, were reported by the bureau
as follows :
Philadelphia, 143 houses with re-
ceipts of $10,578,000 and payrolls of
$2,082,000 ; Pittsburgh, 46 houses with
receipts of $3,652,000 and payrolls of
$681,000; Scranton, 16 houses with re-
ceipts of $1,262,000 and payrolls of
$277,000; Wilkes-Barre, 12 houses
with receipts of $889,000 and payrolls
(.Continued on page 4)
Objections Made to
Allied Owners Plan
Unexpected objections to the reor-
ganization plan for Allied Theatre
Owners, Inc., were presented yester-
day at hearing before Special Master
Oscar Lewis, who is hearing the plan
for the U. S. District Court in Brook-
lyn. The hearing was adjourned to
Nov. 23.
Jacob Shulman, an attorney, who
said he represented bondholders with
(Continued on page 16)
K.C. Theatre
Men Are Cool
To Ad Marking
Kansas City, Nov. 15. — The plan
to advertise films segregated as "adult"
or "family" fare, as adopted by the
Warner circuit at Philadelphia, finds
little favor among exhibitors and man
agers here.
Fox Midwest Theatres, as reported,
is acquainting patrons and other in
terested persons with its designations
of product according to "adult" and
"family" suitability. C. A. Schultz,
president of the Commonwealth cir-
cuit, believes this is a splendid idea
and before long intends to adopt it for
his theatres in Kansas City and in out-
state Missouri, Kansas and Iowa.
Others, however, differ. Neighbor-
hood exhibitors say the parents know
Friday night is "family night" and do
(Continued on page 4)
Richards Remains
As Saenger's Head
E. V. Richards' status as president
and general manager of the reorgan-
ized Saenger circuit, provided for in
the original Saenger reorganization
plan, is not disturbed by the agreement
concluded on Wednesday under which
Richards' stock participation in the
new company was revised in Para-
mount's favor, it was learned yester-
day.
The Paramount Publix trustees gave
their approval to the Richards agree-
ment at a meeting yesterday and this
(Continued on page 16)
November Opening Grosses
Show Drop from September
November got off to a bad start
for national theatre grosses. The total
of $1,288,992 for 22 key cities was a
new low for the six-week period start-
ing the last week in September. The
decline has been steady since that
time, in spite of the fact that the
number of theatres operating in the
keys mentioned has increased from 132
to 135.
November's first-week losses are due
to a falling off of business in 14 of the
22 cities from which reports are re-
ceived by Motion Picture Daily.
The drops came from Boston, Buffalo,
(Continued on page 4)
Communication Board Is
To Study All Angles
Of Activities
Washington, Nov. 15. — Erpi and
film affiliates of A. T. & T. are to
come under the general probe of the
telephone company and its affiliates to
be conducted by the Federal Communi-
cations Commission.
Actual operations of the telephone
company will be the first scrutinized,
it is expected, as the commission re-
gards this as the major subject of
interest. The groundwork for the in-
vestigation will be laid during the
remainder of the year and public hear-
ings will get under way some time
after Jan. 1.
Before it gets through, it was indi-
cated today, the commission will have
dragged into the light every sort of
activity in which the company engages
and in which it is interested through
(Continued on page 4)
Production Code Is
Reporting on Plays
A service through which producers'
story departments are advised prompt-
ly of the conformity of stage plays to
the production code has been placed
in operation here by the eastern office
of the Production Code Administra-
tion, it was learned yesterday.
Representatives of the eastern office
under Vincent G. Hart, assistant to
Joseph I. Breen, attend all opening
(Continued on page 6)
Bernerd Set Back
By Kent's Arrival
By BRUCE ALLAN
London, Nov. 15 {By Cable).—
Jeffrey Bernerd has postponed his de-
parture for New York on Nov. 21.
The reason is attributed to the arrival
here on Friday of S. R. Kent in con-
nection with what is persistently re-
ported as the impending sale of Fox
Film's 49 per cent interest in Gau-
mont-British to interests popularly be-
lieved to be headed by John Maxwell
of B.I.P.
Laemmle, Sr., Picks
Production Cabinet
Hollywood, Nov. 15.— In a move to
relieve himself of excess duties occa-
sioned by the absence of Carl Laemmle,
(Continued on page 6)
MOTION PICTURE
DAILY
MOTION PICTURE
DAILY
(Registered U. S. Patent Office)
Insiders' Outlook
Vol. 36
November 16, 1934
No. 117
Martin Quigley
Editor-in-Chief and Publisher
IBB) MAURICE KANN MQA
1371 Edit<» \s£
KtkA JAMES A. CRON
Hfli Advertising Manager YJZZ,
Published daily except Sunday and holi-
days by Motion Picture Daily, Inc., sub-
sidiary of Quigley Publications, Inc.,
Martin Quigley, President; Colvin Brown,
Vice-President and Treasurer.
Publication Office: 1790 Broadway, New
York. Telephone Circle 7-3100. Cable ad-
dress "Quigpubco, New York." All con-
tents copyrighted 1934 by Motion Picture
Daily, Inc. Address all correspondence to
the New York Office. Other Quigley pub-
lications: MOTION PICTURE HERALD,
BETTER THEATRES, THE MOTION
PICTURE ALMANAC and THE CHI-
CAGOAN.
Hollywood Bureau: Postal Union Life
Building, Vine and Yucca Streets, Victor
M. Shapiro, Manager; Chicago Bureau: 407
South Dearborn Street, Edwin S. Clif-
ford, Manager; London Bureau: Remo
House, 310 Regent St., London, W. 1,
Bruce Allan, Representative. Cable address:
"Quigpubco, London"; Berlin Bureau:
Berlin - Tempelhof , Kaiserin - Augustastrasse
28, Joachim K. Rutenberg, Representative;
Paris Bureau: 19, Rue de la Cour-des-
Noues, Pierre Autre, Representative; Rome
Bureau: Viale Gorizia, Vittorio Malpassuti,
Representative; Sydney Bureau: 102 Sus-
sex Street, Cliff Holt, Representative; Mex-
ico City Bureau: Apartado 269, James
Loclthart, Representative; Glasgow Bureau:
86 Dundrennan Road, G. Holmes, Repre-
sentative; Budapest Bureau: 3, Kaplar-u,
Budapest, II, Endre Hevesi, Representa-
tive; Moscow Bureau: Civtzev Vrazhek,
N. 25, Apart. 146, Moscow, U. S. S. R.,
Bella Kashin, Representative. Cable ad-
dress: "Samrod, Moscow."
Entered as second class matter, January
4, 1926, at the Post Office at New York
City, N. Y., under Act of March 3, 1879.
Subscription rates per year: $6 in the
Americas, except Canada $15 and foreign
$12. Single copies: 10 cents.
U. A. Executives on
Railroads and Ships
United Artists executives are keep-
ing the Pullmans and steamers busy
these days. Arthur Kelly, now in
Tokyo, plans to go to South Africa,
but may change his mind and leave
directly for home. When he returns
William Phillips, treasurer, will go
off on a short vacation.
Al Lichtman has gone to Miami for
two weeks and Harry D. Buckley left
yesterday for Chicago and will return
tomorrow. Hal Home will be in Hol-
lywood for a few weeks. Harry Gold
and Paul Lazarus recently returned
from extended trips in the field.
Schenck En Route Here
London, Nov. 15 (By Cable).—
Joseph M. Schenck, president of Unit-
ed Artists, sailed from Plymouth yes-
terday on the Majestic and is sched-
uled to arrive in New York Nov. 20.
Schenck has been in England for sev-
eral weeks conferring with officials of
London Films.
Klarsfeld Sails Nov. 24
Henri Klarsfeld, general manager
for Paramount in France, Switzerland,
Belgium, Egypt and north Africa,
sails for Paris on the Paris Nov. 24.
Thomas Continues Trip
Chicago, Nov. 15. — Harry H.
Thomas leaves today for Kansas City
and Dallas. He will continue on to
Charlotte, Atlanta and New Orleans.
FUNNY are the ways of gov-
ernment. Or, this government
at any rate. It was a few months
back when the Treasury Depart-
ment, by strange and devious
analysis, ruled Paris gowns may
be allowed in, sans duty of any
description, and from them copies
struck off for ultimate sale, also
without duty. The one restrictive
note in the whole scheme stipu-
lated the original must be shipped
away from these very friendly
shores at the end of six months.
Somebody, somehow, wondered
if the decision might not be ap-
plied to foreign pictures and dis-
covered it might. And so it
does. . . .
T
You, therefore, have before you
for consideration or convulsions,
as you like, a situation wherein
Washington permits, in fact, wel-
comes imported pictures by brush-
ing aside the customary tariff
barrier. You also have before
you, if you are up on your facts
as they concern the difficulties of
American pictures abroad, a fine
kettle of affairs that boiled over
in Berlin earlier in the week.
There, Herr Hitler's satellites,
displaying their usual brand of
astute statesmanship, have seen to
it that any film disembarked at
Bremerhaven or Hamburg must
first pay an import tax approxi-
mating $8,000, American. . . .
T
That's for the privilege of al-
lowing the print to be dropped off
the ship's side. Whatever erratic
German censorship may deter-
mine thereafter has nothing at
all to do with the case. The
American exporter will pay his
$8,000 one day and the next day
perhaps find the German censor,
full of wiener schnitzel, bock beer
and a new hypo of Nazi philoso-
phy, has decreed nix. And there
you have what might be described
as a striking exchange of interna-
tional courtesy and goodwill. . . .
T
Not only to Germany is this
sort of comedy of errors con-
fined. The American industry
has had a load of similar worry
and annoyance from its friendly
international neighbor centering
in and around Prague while the
list of those cities and lands where
this country's product has been
thrown about leaves few holes in
the gallery of nations. It is to
wonder and plenty, too, why the
"New Dealers" along the Poto-
mac, recognizing the political in-
fluence demonstrated in the past
and presumably available in the
future, have attempted little or
nothing to make the sweet travels
of American celluloid around the
world less tiring. While you are
wondering about that, poise the
question if the industry, by and
of its own actions, has penetrated
all of the devious channels of ap-
proach to this same end. . . .
T
Several of the well-informed at
RKO describe the reports linking
Edward J. Flynn, Democratic
power in these parts, with their
company in this wise : "Never
heard of it. Forget it." ... By
that they mean something beyond
a mere membership on the direc-
torship of the board of K-A-O.
He has that now. . . The Hearst-
Warner hookup is developing
amusing slants as the days slip
by. International News Service
considered it a piece of good re-
porting to check the Flynn-in-
Hays'-job yarn on the coast.
Hays was not turned to for a
statement, but Jack Warner was.
I. N. S. seized upon Jack's vice-
presidency of the Producers'
Ass'n. as the reason. . . .
T
But wearied by irresponsible
newspaper practice of throwing
Hays out of office at regular in-
tervals and putting in Al Smith,
Jim Farley, Flynn or what have
you, seven important executives,
representatives of as many com-
panies, did some telephoning
Wednesday and finished their
palavers yesterday with the first
Friday, November 16, 1934
official M.P.P.D.A. statement hit-
ting left and right at rumors of
Hays' replacement. The kick line
in that statement, which emerged
in the form of a wire to the Los
Angeles Times denying the
Flynn, or latest, report was this :
"Nor is there one word of truth
in the statement that the posi-
tion occupied by Mr. Hays has
ever been offered to anyone else."
Hays asked for no such evidence
of approbation and knew nothing
about the statement itself until it
was drawn, approved by the sig-
natories and released to the
press. . . .
T
The flurry between Sidney
Kent and Walter Reade over the
inability of the Music Hall to spot
in "The White Parade," its sub-
sequent sale to the Paramount
and the destruction of the May-
fair contract with Fox has an-
gles. Reade had agreed to pay
Fox $60,000 for pictures rejected
or unused by the Music Hall.
Now he stands a pretty good
chance of getting them cheaper
by individual buy. ... Is Charlie
Rogers still producing pictures ?
He's been away from the cameras
for months. . . .
T
Ed Kuykendall won't cheer.
Neither will Sidney Samuelson
over Harry Brandt's crack. He
said: "There is no national ex-
hibitor organization and that
holds for both the M. P. T. O. A.
and Allied. After having intimate
contact with both groups, I can
frankly say this." Agree or not
as you will, but you've got to ad-
mit Brandt is what he says he is,
which is frank. . . . Blood is still
in the eyes of those poster ex-
change fellows. . . . Interest in the
personnel of the board of reor-
ganized Paramount is mounting
and mounting. . . .
KANN
North Dakota Tax Void
Fargo, N. D., Nov. 15.— The Fed-
eral District Court here held that the
North Dakota gross earnings tax is
unconstitutional in a case brought by
Fruit Growers Express Co., a Dela-
ware corporation.
The tax statute imposed a six per
cent gross earnings levy on concerns
owned outside but operating within
the state.
D. E. Griffiths Sailing
London, Nov. 15. — D. E. Griffiths,
managing director of First National
here, sails for America within the next
week or 10 days for conferences with
company executives in New York.
Borzage on Davies Film
Hollywood, Nov. 15. — Frank Bor-
zage has been assigned to direct
Marion Davies in her first picture for
Warners. Announcement of the pic-
ture itself is expected shortly.
Ayres-Rogers Marry
Hollywood, Nov. 15. — Ginger
Rogers and Lew Ayres were married
last night at the Little Church of the
Flowers. Janet Gaynor and Mary
Brian attended the bride.
Eastman Pfd. Drops 8Y2 on Big Board
Net
High Low Close Change Sales
Columbia Pictures, vtc 37% 37 37% + % 500
Consolidated Film Industries 354 354 354 300
Consolidated Film Industries, pfd 1654 16% 16% 1,700
Eastman Kodak 110% 109% 109% — % 2,000
Eastman Kodak, pfd 135 135 135 — ty2 5,000
Fox Film "A" 13% 13 % 13% 1,700
Loew's, Inc 31% 30% 31% + % 11,400
Loew's, Inc., pfd 98% 98% 98% + % 100
Paramount Publix 4% 4 4 6,200
Fathe Exchange 1% 1% 1% 2,800
Pathe Exchange "A" 15% 14% 15% + % 3,500
Warner Bros 4% 4% 4% + 54 2,300
Paramount Publix Bonds Gain One
Net
High Low Close Change Sales
General Theatre Equipment 6s '40 7 654 6% + 54 9
General Theatre Equipment 6s '40, ctf 7 654 7 + 54 3
Keith B. F. 6s '46 6354 6)54 6354 + % 5
Loew's 6s '41, ww deb rights 104 10354 10354 — 54 7
Paramount Broadway 554s '51 42 41% 41% + % 10
Paramount F. L. 6s '47 5854 5754 5754 +54 19
Paramount Publix 554s '50 59 5754 5854 +1 23
Warner Bros. 6s '39, wd 5954 5854 59 + 54 23
out!" "Sensational!" exclaimed exhibi-
tors privileged to see "The White Parade"
at private screenings arranged by FOX in
key cities of the U. S. last week. Did you
ever see a theatre operator sobbing? Well,
we did! Stifling tears. Letting loose loud
gusts of laughter. Held motionless by sus-
pense. Right now, they're planning extra
weeks . . . extended time . . . and counting on
extra profits. And so will jow...when you see
Jesse L. Lasky's greatest box office production !
prefab
in
evet
.
A JESSE L. LASKY Production
The greatest hit of this great showman's career!
with
LORETTA YOUNG
JOHN BOLES
Directed by Irving Cummings. Screen play by Sonya
Levien and Ernest Pascal. From the novel by Rian
James. Adaptation by Rian James and Jesse Lasky, Jr.
MOTION PICTURE
DAILY
Friday, November 16, 1934
K.C. Theatre
Men Are Cool
ToAdMarking
November Opening Grosses Pennsylvania
Show Drop from September
(Continued from page 1)
(Continued from page 1)
not expect programs specifically for
children at other times. One objection
is exhibitors would not agree on des-
ignations, and confusion would result.
It is also pointed out that class distinc-
tions, religious affiliations and other
factors would have to be taken into
consideration, and therefore no stand
ard designation would apply to all
cities and neighborhoods.
Representative comment follows :
Ed Dubinsky, head of Dubinsky
Bros. Theatres: "The plan would
react adversely at the box-office. It
would be seized upon as another ex-
cuse for people to stay away from
theatres, and there are enough excuses
already."
John McManus, manager, Loew's
Midland (downtown first run) : "The
designations would be futile as well
as bad business. Home influence should
be deciding for star, and theatre
man should stay out of it. Parents
have a pretty good idea of what
entertainment is fit for children,
having it made clear to them by
the theatre. The bad influence of
films on children has been grossly
exaggerated. Millions saw pictures a
generation or two ago which today
would be condemned for children, yet
they have grown up to be respectable,
law-abiding citizens."
Unnecessary, Declares Means
Jay Means, Oak Park Theatre (sub-
urban), and president, I. T. O. : "It
would be difficult for the exhibitor to
differentiate between 'adult' and
'family' types. In my opinion, the des-
ignations are not necessary. Film
standards are getting better. Let the
producers give us decent pictures and
we won't have to classify them."
George S. Baker, manager, Pub-
lix Newman (downtown first run) :
"Without exercising more than snap
judgment, I am undecided whether the
plan would be feasible. I do not be-
lieve, however, that designating a pic-
ture as 'family' would have a harmful
effect on the box-office. My experience
has been that parents appreciate a line
of caution in advertising that children
would not be interested in heavy sto-
ries or something they cannot grasp."
S. Bernard Joffee, manager, Tower
(downtown first run) : "The plan
would add fuel to the fire of reformers
and censorship advocates. It would
point the way to making a system of
segregation compulsory. Selection
should rest with the home, and the
home should teach older children to
appreciate and discriminate for them-
selves."
Mrs. A. Baier, Lindbergh Theatre
(suburban) : "If they want to take the
trouble, most parents can find out for
themselves whether pictures are suit
able. The designation system would
alter the existing situation very little
as many parents send their children
to a family type picture, while the par-
ents go to some other theatre. How-
ever, differentiating pictures in adver
tising might attract more adults to pic
tures advertised as 'adult.' "
W. D. Fulton, operator of four
neighborhood theatres : "There are
many drawbacks to the system. Ex-
Chicago, Cleveland, Denver, Detroit,
Indiananolis, Kansas City, Los Ange-
les, Minneapolis, New York, Pitts-
setting these were slight gains in Mon-
treal, Oklahoma City, Omaha, Phila-
delphia, Portland, Providence, San
burgh, St. Paul and Washington. Off- i Francisco and Seattle.
Comparative grosses for the latest available periods:
Week Ending
Sept. 27-28
Oct.
Oct.
Oct.
Oct.
Nov.
4-5.
11-12.
18-19.
25-26.
1-2..
Theatres
132
132
132
131
133
135
Grosses
$1,419,815
1,412,844
1,344,137
1,385,533
1,386,935
1,288,992
Comparative weekly totals :
Buffalo ..
Chicago
Cleveland
Indianapolis
St. Paul
Seattle . ,
Week
Ending
Week
Ending
Nov. 1-2
Oct. 25-26
Theatres
Gross
Theatres
Gross
6
$107,500
6
$108,000
5
41,000
5
47,900
8
146,500
8
150,000
8
42,300
5
58.000
5
20,000
6
26,500
7
61,800
7
77,100
5
23,500
5
26,000
5
38,300
5
40,300
7
62,250
7
88,805
6
23,000
6
24,700
4
40,500
4
39,500
11
241,392
11
254,430
5
24,900
4
12,600
4
27,000
4
26,400
9
70,200
9
68,850
6
38,700
6
52,150
.. 6
28,500
5
26,500
6
43,400
6
39,450
7
83,500
7
77,500
5
19,000
5
19.100
7
40,350
6
27.850
6
65,400
6
94,600
135
$1,288,992
133
$1,386,935
hibitors would differ as to the desig-
nations, and since their advertising
would appear in the same paper, the
method would cause confusion. In the
final analysis, responsibility for selec-
tion rests with the home. There are
enough appraisals available, in news-
papers, magazines and other media,
for any one interested to find out
whether a picture is suitable. By the
time the releases reach the neighbor-
hoods, parents are pretty well in-
formed."
Women Get 6 -Point
Program for Films
Cleveland, Nov. 15. — A six-point
program for women to follow in the
interest of good pictures was brought
before delegates of the W.C.T.U. na-
tional convention by Mrs. Marguerite
Harmon Bro of Chicago. She ap-
pealed for Federal supervision and
censorship of the industry. The points :
Patronize good pictures ; boycott cheap
ones ; educate the public about pic-
tures ; lend support against block book-
ing ; help children select films ; urge
Federal supervision of pictures.
Films Cleaner, Says
Md. Censor Official
Baltimore, Nov. 15. — Marie W.
Presstman, secretary of the Maryland
State Board of Censors, asserts there
has been a big improvement in the
tone of pictures released since the
church campaign started. ,
"The pictures have been unusually
clean," Miss Presstman says, "but be-
sides this feature, they have been tre-
mendously improved from an artistic
standpoint.
"During the last month we have
made but few cuts, although several
pictures have been rejected entirely.
The rejections, however, were made
where the entire tone was bad, and
if mutilated there would have been
no continuity."
Lasky, Boles on Stage
Hollywood, Nov. 15. — Fox inaugu-
rated a new policy today by sending
John Boles and Jane Darwell to San
Francisco for personal appearances in
conjunction with the opening of "The
White Parade" at the Warfield tomor
row. Jesse L. Lasky escorted the duo
and also will appear on the stage.
Lincoln Quarberg of the Fox pub
licity staff checked out Wednesday to
handle advance publicity.
Bowling League Results
Paramount is still leading the M. P
Bowling League and is followed by
Consolidated. Fox, RKO and United
Artists in the order named.
Paramount won three games from
Warners Wednesday night to increase
its lead, Consolidated defeated Colum
bia three games to none and United
Artists lost to RKO, two games to
one.
1933 Grosses
$30,891,000
(Continued from page 1)
of §224,000 ; Reading, four houses with
receipts of §625,000 and payrolls of
$85,000.
Erie, 14 theatres with receipts of
$478,000 and payrolls of $89,000 ; Lan-
caster, five theatres with receipts of
$398,000 and payrolls of $85,000;
Chester, six houses with receipts of
$362,000 and payrolls of $50,000;
York, four theatres with receipts of
§361,000 and payrolls of §56,000; Al-
toona, six theatres with receipts of
$342,000 and payrolls of $77,000 ; Mc-
Keesport, six houses with receipts of
$307,000 and payrolls of $56,000.
Johnstown, nine theatres with re-
ceipts of $266,000 and payrolls of
$60,000; Harrisburg, four theatres
with receipts of $223,000 and payrolls
of §33,000; Allentown, three houses
with receipts of §58,000 and payrolls
of $12,000.
Erpi Will Figure
In A.T. & T. Probe
(Continued from page 1)
stock ownership, contract, license
agreement or otherwise.
It is anticipated the investigation
will cost well over $100,000, and will
develop thousands of pages of testi-
mony and hundreds of briefs and ex-
hibits.
In all probability, if the commis-
sion's inquiry indicates a need for re-
form in any direction, Congress will
be asked to enact appropriate legisla-
tion.
New Musical Ideas
Stirring — Taurog
New ideas in producing and staging
musicals are making that type of pic-
ture the most competitive production
venture in Hollywood, according to
Norman Taurog, Paramount director,
in New York on vacation.
"The number of musicals which have
been released, or are planned," Tau-
rog said, "makes box-office success
possible only for those with new story
or production ideas. The public isn't
tired of musicals, but neither is it pay-
ing to see 'just any musical.' "
Taurog returns to the coast Nov.
29 to begin work on "Target" for Par-
amount, a picture with an Annapolis
background. His last assignment was
"College Rhvthm."
Polish Actress Held
Regina Opoczynski, Polish actress
recently signed by Fox, was detained
by immigration inspectors at Ellis
Island on her arrival here. She was
released, however, and allowed to pro-
ceed to Hollywood when representa-
tives of Fox posted a bond guarantee-
ing her departure at the end of her
contract term.
Warner Club Sets Dance
The second annual reception and
dance of the Brooklyn unit of the
Warner Club will be held Thanks-
giving Eve on one of the sound stages
of the Vitaphone plant in Brooklyn.
THE MERRY
WIDOW" WALTZES
INTO EXTENDED
RUNS!
She's the darling of America's Box-
Offices! Gayly, brilliantly, she vamps
your house records! It's fun to be
vamped! And the list of extended
runs is just beginning!
AURICE CHEVALIER, JEANETTE MacDONALD in "THE MERRY WIDOW
An ERNST LUBITSCH Production with EDWARD EVERETT HORTON
UNA MERKEL • GEORGE BARBIER • MINNA GOMBELL
ven Play by Ernest Vajda and Samson Raphaelson • Based on Book and Lyrics by Victor Leon andLeo Stein and Music by Franz Lei
MOTION PICTURE
DAILY
MOTION PICTURE DAILY*
HOLLYWOOD PREVIEW
"Maybe It's Love"
( Warners)
Hollywood, Nov. 15. — Of pleasing quality, dealing with young love,
this hits good average entertainment, being a mixture of romance, mar-
riage, home life, spats and family interference interspersed with laughter.
While William McGann's first directorial effort is most commendable
and the playing of the principals rises above the screen play, which
alternates between knowing where it's going and faltering, the picture
nevertheless has warmth, with the audience rooting for the likable people.
Gloria Stuart, a private secretary in love with Ross Alexander, a
clerk, is beset by her family trying to impart the facts of life and the
What the Symbols Mean
Reviews classified with a "G" are regarded as suitable for
general entertainment.
Those with an "A" are regarded as suitable for adult enter-
tainment.
boss' son, Phillip Reed, making innocent advances, with Ross jealous.
At Reed's instigation, Joseph Cawthorn, the boss, decides to send Ross
to Cuba, but on the sailing night Ross and Gloria marry. Fired, Ross
struggles with Gloria between love and the budget and her family and
Reed, but all ends well.
Cawthorn turns in a highly joyous portrait for big laughs. Others
in the good cast include Frank McHugh, Ruth Donnelly, Henry Travers
and Helen Lowell.
The film is based on an original by Maxwell Anderson. The produc-
tion and the photography are all right.
As commercial entertainment for the family trade it is an acceptable
show.
Code seal No. 381. Running time, 68 minutes. Classification: "G."
"Fugitive Lady"
(Columbia)
Hollywood, Nov. 15. — Good entertainment for average audiences.
Florence Rice, falsely convicted of theft, is wrongly identified as
Rita LeRov, estranged wife of wealthy Neil Hamilton, following a
train wreck on the way to San Quentin in which Miss LeRoy is killed.
Miss Rice tells Hamilton her story. They fall in love and attempt to
live a lie, deceiving Hamilton's mother and his friends, who have never
met the first Mrs. Hamilton.
On the eve of their departure for Europe a gang of thieves who
betrayed the girl attempt to rob Hamilton's safe. Rather than involve
Hamilton and his family in a scandal, Miss Rice consents to leave with
the gang, making it appear she had planned the entire move. Hamilton's
snooping aunt, Clara Blandick, saves the day by acting after overhearing
the thieves' conversation.
Al Rogell's direction is finely timed for suspense. Hamilton and Miss
Blandick are outstanding in a capable cast, including Miss Rice, Matt
McHugh, Donald Cook, Miss LeRoy and Nella Walker, who plays
Hamilton's mother.
The scenes of the wreck are realistic. Al Seigler's photography is
good.
Code seal No. 330. Running time, 65 minutes. Classification: "G."
6
Asserts Never
Sought a Man
For Hays' Job
(Continued from page 1)
circles and secretary of state for New
York.
R. H. Cochrane, vice-president of
Universal ; Adolph Zukor, president of
Paramount Pictures; Nicholas M.
Schenck, president of M-G-M ; Harry
M. Warner, president of Warner
Bros.; Earle W. Hammons, president
of Educational; Ned E. Depinet,
president of RKO Dist. Corp. ; and W.
C. Michel, vice-president of Fox
Film, appended their signatures to the
statement, text of which follows:
"There is no truth in the story
published in your paper this morn-
ing to the efiect that Mr. Will H.
Hays is to be succeeded as the
president of this association by
Mr. Flynn, secretary of State of
New York. Nor is there one
word of truth in the statement
that the position occupied by Mr.
Hays has ever been offered to
anyone else. Every member of
our board of directors is and al-
ways has been delighted with the
work Mr. Hays has done because
we know from first hand infor-
mation that his work has been
thoroughly constructive and a
power for good not only on our
behalf but on behalf of the pub-
lic which supports us."
Cite Film Ads as
Model for Cleanup
{Continued from page 1)
tion" of industry advertising mate-
rial is recommended by the writer as
a model to "other industries contem-
plating such a move."
The publication cites a 35 per cent
increase in theatre attendance since
the council's inception a year ago, sug-
gesting that some part of the increase
was due to the advertising improve-
ments which have been brought about.
Success of the movement is credited
in the article to the broad policies
adopted for the council by McCarthy,
the authority vested in him by the
M. P. P. D. A.; the cooperation re-
ceived from company advertising ex-
ecutives and the incorporation in the
NRA code for the industry of the ad-
vertising code of ethics. The latter
adds an instrument of enforcement,
seldom invoked but potentially useful,
according to the article.
Production Code Is
Reporting on Plays
(Continued from page 1)
night performances here and file im-
mediate reports on the acceptability or
the extent of changes required in the
play material for production code com-
pliance. The reports are sent to the
proper representatives of all producer
members and to Breen in Hollywood.
No effort is made to advise on the
plays from box-office angles or to in-
fluence purchases of stage material in
any way. To date, 43 stage produc-
tions have been caught and reported
on here.
Allied1 's Directors and
Md. MPTO to Gather
Baltimore, Nov. 15. — Eastern re-
gional directors of Allied from New
England, New York, New Jersey and
Maryland will meet at the Hotel_ Em-
erson Monday. Expected are Sidney
E. Samuelson, Abram F. Myers, Wal-
ter Littlefield and Herman A. Blum.
A general meeting has been called
by the M. P. T. O. of Maryland, Inc.,
affiliated with Allied, for the same
time at the same place at which Frank
A. Horning will preside. Independent
theatre owners as well as members
have been invited. A luncheon will be
given for both groups and invitations
to attend have been sent to Mayor
Howard W. Jackson, of Baltimore, and
State's Attorney Herbert O'Conor.
Para. Signs Colbert
For 6 in Two Years
Hollywood, Nov. 15. — Emanuel
Cohen, production head of Paramount,
today signed Claudette Colbert to a
two-year contract calling for a total
of six pictures which will net the star
some $450,000 in that period. Except
for two pictures on previous commit-
ments with other companies, Para-
mount will have exclusive right to her
services.
Find Manager Bound
Cincinnati, Nov. 15. — Herbert Mc-
Ginnis, manager of the Park Hall,
suburban, was discovered bound and
gagged in his office when an employe
reported for work at 7 o'clock yes-
terday morning.
Friday, November 16, 1934
i Purely
Personal ►
MORT BLUMENSTOCK, ad-
vertising director of Warner
theatres, leaves today for Cleveland,
Pittsburgh, Washington and Philadel-
phia to confer with zone managers and
first run exhibitors on "Flirtation
Walk." He'll be gone a week.
Merle Oberon, accompanied by
Natacha Paley, arrives here next
week on the Paris en route to Holly-
wood to work in "Folies Bergere de
Paris" for 20th Century.
Robert C. Bruce has returned from
Lexington, Ky., where he filmed a fox
hunt of the Iroquois Hunt Club for
the "Countryside Melodies" series of
Audio Prod.
Harold Blumenthal says he's not
Simon Fabian's successor, but only
taking inventory on Fox Metropoli-
tan Playhouses.
Harry Edington and his wife, Bar-
bara Kent, arrived from Europe yes-
terday on the Washington.
Dan Halpin, assistant sales man-
ager of Sonotone, is back from a trip
through the midwest.
John Hamrick of Seattle is in
town.
Laemmle, Sr., Picks
Production Cabinet
(Continued from page 1)
Jr., who is now on vacation, Carl
Laemmle, Sr., has appointed a produc-
tion cabinet. Its members are Frank
Mastroly, executive studio manager;
Stanley Bergerman, associate pro-
ducer, and other producers on the lot
Laemmle, Sr., will govern policy
and supervise the cabinet's activities
until his son returns early in 1935.,
May Delay His Sailing
Carl Laemmle, Jr., now in New
York prior to his departure on a
European vacation, may set back his
sailing until the Rex leaves, the end
of the month. The original date was
Nov. 23.
Details Federation Fund
Statements issued by Albert L.
Warner, chairman of the theatrical and
film division of the drive for support
of the Federation of Jewish Philan-
thropic Societies, say that 93 cents of
every dollar raised by the federation
go for relief. The federation is hold-
ing an emergency drive to raise
$2,071,000 to take care of a deficit in
the 1934 budget. The amusement in-
dustries' share of the total is $100,000.
Flash Reviews
One in a Million — There is consid-
erable entertainment in this Invincible
production. . . .
In Old Santa Fe — Average Ken
Maynard western. . . .
These films will be reviewed in full in a
later issue of Motion Picture Daily.
G. B. List to McVickers
Chicago, Nov. 15. — Gaumont Brit-
ish first runs will go into the Mc-
Vickers. A. H. Fischer, home office
representative for G. B., closed the
deal with Jones, Linick & Schaefer.
THE GLAMOUR OF ACHIEVEMENT THE AURA
OF SUCCESS .... THE MAGNETISM OF LEADER-
SHIP .... INEVITABLY UNITE THE HIGHEST
TALENTS OF THE SHOW WORLD .... AND SO-
MP JTAN PRODUCT
Famed Film
Goes tc
itan Pictures Join V
ioing Into Effect J<
Starting
JANUARY 1st
ALL
COSMOPOLITAN
PRODUCTIONS
including the starring
vehicles of
MARION
DAVIES
will be added to the other
great properties already
announced by
WARNER
BROS.
Friday, November 16, 1934
MOTION PICTURE
DAILY
13
"We Live" Is
$100,000 Hit
At Music Hall
"We Live Again" turned out to be
the big Broadway noise of the week,
going to $100,000, one of those grosses
that make the Music Hall ushers ex-
pand their chests until the buttons
strain.
In spite of the crowds headed to-
ward 6th Ave. and 50th St. "Trans-
atlantic Merry-Go-Round" rolled up
$35,000 in 10 days at the Rivoli and
"Kansas City Princess" did very well
at the Roxy with $32,500.
The Capitol had a quiet week with
"Outcast Lady," getting only $28,500.
"Amos 'n' Andy" were on the stage,
too. "Mrs. Wiggs of the Cabbage
Patch'" failed to strain the seating
capacity of the Paramount. The take
was $20,000.
Estimated takings:
Week Ending Nov. 7:
"WE LIVE AGAIN" (U. A.)
RADIO CITY MUSIC HALL — (5,945),
3^c-$1.65, 7 days. Stage show. Gross:
$100,000.
Week Ending Nov. 8:
"OUTCAST LADY" (M-G-M)
CAPITOL- (4,700), 35c-$1.65, J days.
Stage: "Amos & Andy.' Gross: $28,5UO.
' MAN OF ARAN" (Gaumont-Bntish)
CRITERION— (886). 55c-?2.20, 3rd week,
7 days. Gross: $3,500.
"NOW AND FOREVER" (Para.)
PALACE— (2,500), 25c-75c, 7 days. Vaude-
ville. Gross: $12,000.
MRS. WIGGS OF THE CABBAGE
PATCH" (Para.)
PARAMOUNT— (3,700), 35c-99c, 7 days.
Gross: $20,000.
"SIX-DAY BIKE RIDER" (Warners)
RIALTO— (2,300), 25c-65c, 6 days. Gross:
$9,500.
"KANSAS CITY PRINCESS" (Warners)
ROXY— (6,200), 25c-55c, 7 days. Stage
show. Gross: $32,500.
"ST. LOUIS KID" (Warners)
STRAND— (2,000), 25c-55c, 7 days. Gross:
$31,296.
Week Ending Nov. 9:
"TRANSATLANTIC MERRY-GO-
ROUND" (U. A.)
RIVOLI— (2,300), 40c-99c, 10 days. Gross:
$35,000.
Week Ending Nov. 11:
"THE MERRY WIDOW" (M-G-M)
ASTOR— (1,012), 55c-$2.20, 4th week, 7
days. Gross: $7,690.
Week Ending Nov. 12:
"365 NIGHTS IN HOLLYWOOD" (Fox)
MAYFAIR— (2,300), 35c-65c, 7 days.
Gross: $9,700.
"Widow" at $6,500
Indianapolis High
Indianapolis, Nov. 15. — "The
Merry Widow" stood out in a dull
week here, going to $6,500, over nor-
mal by $2,000, at the Palace.
"The Count of Monte Cristo" took
$2,250 in a return engagement at the
Apollo.
Total first run business was $23,250.
Average is $25,000.
Estimated takings for the week end-
ing Nov. 10 :
"THE COUNT OF MONTE CRISTO"
APOLLO— (1,171), 25c-40c, 7 days. Return
engagement. Gross: $2,250. (Average,
$2,500)
"THE CAPTAIN HATES THE SEA"
_ (Col.)
CIRCLE— (2,638), 25c-40c, 7 days. Gross:
$3,000. (Average, $4,000)
"THE AGE OF INNOCENCE" Radio)
INDIANA— (3,133), 25c-40c, 7 days. Gross:
$5,500. (Average, $7,000)
"MARIE GALANTE" (Fox)
LYRIC— (1,896), 25c-40c, 7 days. Vaude-
ville. Gross: $6,000. (Average, $7,000)
"MERRY WIDOW" (M-G-M)
PALACE— (2,431), 25c-40c, 7 days. Gross:
$6,500. (Average, $4,500)
"Missing" and
"Dreams" Get
Lead in L.A.
Los Angeles, Nov. 15. — Football
and other outdoor sports again bumped
grosses, but not as much as had been
expected in view of recent low takes.
A dual at the Pantages, "Among the
Missing" and "Girl of My Dreams,"
topped par by $1,100 on a gross of
$4,300.
"The Count of Monte Cristo" took
$14,750 at the Chinese. "Six-Day Bike
Rider" made a good showing at the
RKO, $8,300, but it was weak at
Warners' Hollywood on an $8,000
gross.
Total first run business was $70,050.
Average is $69,200.
Estimated takings for the week end-
ing Nov. 14:
"THE COUNT OF MONTE CRISTO"
(U. A.)
CHINESE— (2,500), 30c-65c, 2nd week, 7
days. Stage: Sid Grauman's prologue, Ray-
mond Paige and his orchestra. Gross:
$14,750
"MARIE GALANTE" (Fox)
LOEWS STATE— (2,413), 30c-55c, 7 days.
Gross: $6,500. (Average, $14,000)
"LIMEHOUSE BLUES" (Para.)
PARAMOUNT— (3,595), 30c-55c, 7 days.
Stage: Rube Wolf and his orchestra. Har-
riet Hoctor and her ballet revue. Gross:
$17,500. (Average, $18,000)
"SIX-DAY BIKE RIDER" (Warners)
RKO— (2,700), 25c-65c, 7 days. Gross:
$8,300. (Average, $8,000)
"SIX-DAY BIKE RIDER" (Warners)
WARNER BROS. (HOLLYWOOD) —
(3,000), 25c-65c, 7 days. Gross: $8,000.
(Average, $14,000)
"KENTUCKY KERNELS" (Radio)
WARNER BROS. (DOWNTOWN) —
(3,400), 25c-40c, 7 days. Stage: Six acts
vaudeville, Oscar Baum and his orchestra.
Gross: $10,700. (Average, $12,000)
"AMONG THE MISSING" (Col.)
"GIRL OF MY DREAMS" (Monogram)
PANTAGES— (3,000), 2Sc-40c, 7 days.
Gross: $4,300. (Average, $3,200)
Peck's Boy" Gets
,000, Portland
Portland, Nov. 15. — "Peck's Bad
Boy" with the help of another excel-
lent stage show grossed up to $8,000,
or $3,000 over normal at the Para-
mount.
"Merry Widow" came up to aver-
age and held for a second week at
United Artists.
"Wednesday's Child" plus stage
show at Oriental had a take of $3,500,
or but $500 over average.
Total first run business is $25,600.
Average is $22,000.
Estimated takings for the week end-
ing Nov. 9 :
"HAPPINESS AHEAD" (F. N.)
"HAVE A HEART" (Fox)
BROADWAY— (1,912), 25c-35c-40c, 7 days.
Gross: $4,800. (Average, $5,000)
"AFFAIRS OF CELLINI" (U. A.)
ORIENTAL— (2,040), 25c, 7 days. Gross:
$2,500. (Average, $2,000)
"WEDNESDAY'S CHILD" (Radio)
HAMRICK'S ORPHEUM— (1,700), 25c-
35c-40c, 7 days. Gross: $3,500. (Average,
$3,000)
"GAY DIVORCEE" (Radio)
MUSIC BOX— (1,000), 25c-35c, 7 days, 2nd
week. Gross: $1,800. (Average, $2,000)
"PECK'S BAD BOY" (Fox)
PARAMOUNT— (3,008), 25c-35c-40c, 7
days. Stage show. Gross: $8,000. (Average,
$5,000)
"THE MERRY WIDOW" (M-G-M)
UNITED ARTIST— (945), 25c-35c-40c, 7
days. Gross: $5,000. (Average, $5,000)
Cobb Versatile
Hollywood, Nov. 15. — Irvin
Cobb, now writing an orig-
inal for M-G-M, primarily
designed for Will Rogers, is
so flexible that in the event
Rogers does not like it, the
yarn will be assigned to
Lionel Barrymore.
So pleased are the M-G-M
executives that they are
now talking long term con-
tract with him as a writer.
Should such a deal be con-
summated, it will automati-
cally cancel his contract with
Roach as an actor-writer.
64
Widow" Tops
Detroit with
$13,900 Take
Detroit, Nov. 15. — Practically the
only important money here last week
went to "The Merry Widow" at the
United Artists. The gross was $13,-
900, over normal by $3,900.
Every other first run was away off,
some as much as 60 per cent. The Fox,
with "Age of Innocence," took only
$5,200, under average by $9,800. Two
of the big houses, the Fisher and State,
had second run dual bills and the
Broadway-Capitol had its first week
of duals.
Total first run business was $54,200.
Average is $75,000.
Estimated takings for the week end-
ing Nov. 8:
"ONE NIGHT OF LOVE" (Col.)
(Second Run)
ADAMS— (1,770), 10c-25c-40c, 7 days.
Gross: $3,200. (Average, $5,000)
"WAGON WHEELS" (Para.)
"LEMON DROP KID" (Para.)
B ROADWAY - CAPITOL— (3 ,449) , 15c-40c,
7 days. Gross: $5,000. (Average, $10,000)
"BELLE OF THE NINETIES" (Para..)
"GIRL OF LIMBERLOST" (Monogram)
(Second Runs)
FISHER— (2,975), 10c-30c-40c, 7 days.
Gross: $6,100. (Average, $10,000)
"AGE OF INNOCENCE" (Radio)
FOX— (5,100), 15c-65c, including tax, 7
days. Stage: Al Trahan heading show.
Gross: $5,200. (Average, $15,000)
"PURSUIT OF HAPPINESS" (Para.)
MICHIGAN — (4,100), 15c-65c, including
tax, 7 days. Stage: johnny Marvin head-
ing show. Gross: $15,900. (Average, $20,000)
"BELLE OF THE NINETIES" (Para.)
"GIRL OF THE LIMBERLOST"
(Monogram)
(Second Runs)
STATE— (3,000), 10c-35c, 7 days. Gross:
$4,900. (Average, $5,000) ,
"THE MERRY WIDOW (M-G-M)
UNITED ARTISTS— (2,070), 25c-50c, 7
days. Gross: $13,900. (Average, $10,000)
Ohio's Legislature
Called on Sales Tax
Columbus, Nov. 15. — Governor
White has called the General Assem-
bly in special session Nov. 19, to act
on a sales tax, since the state requires
approximately $85,000,000 to help bal-
ance municipal budgets, and care for
poor relief and school budgets. If the
measure is not passed now, it is ex-
pected the new General Assembly
which convenes Jan. 3 will enact it,
because schools in many districts have
closed, or are preparing to close soon,
and municipalities are threatening to
curtail police and fire departments be-
cause of lack of funds. The Ohio Mer-
chants' Ass'n., heretofore opposed to
the tax, now favors it with changes.
"Widow" Hits
Washington's
Top, $20,000
Washington, Nov. 15. — Most of
the theatre excitement in this section
was stirred by "The Merry Widow"
last week. It ran up to $20,000, over
normal at Loew's Palace by $5,500.
"One Night of Love" was still in
the big money in the third week of a
return engagement, going oyer par by
$1,900 at the Metropolitan. Business
elsewhere was weak.
Total first run business was $71,200.
Average is $71,200.
Estimated takings, exclusive of tax,
for the week ending Nov. 8:
"HAPPINESS AHEAD" (Warners)
EARLE— (2,218), 25c-77c, 7 days. Stage:
"Sidewalk Cafe Revue" with Benny Ross,
m. c, Charon Decries, Wheeler Twins,
Jimmy Savo, Maxine Stone, Harold Boyd
& Bouncers. Gross: $17,000. (Average, $17,-
600)
"LOVE TIME" (Fox)
LOEW'S COLUMBIA— (1,264), 25c-40c, 7
days. Gross: $2,200. (Average, $3,100)
"TRANSATLANTIC MERRY-GO-
ROUND" (U. A.)
LOEW'S FOX— (3,434), 25c-66c, 7 days.
Stage: Mario & Florio, Barbara Jason,
Janet May, Jack Denny & Orchestra.
Gross: $19,000. (Average, $20,500)
"THE MERRY WIDOW" (M-G-M)
LOEW'S PALACE— (2,370), 35c-77c, 7
days. Gross: $20,000. (Average, $14,500)
"ONE NIGHT OF LOVE" (Col.)
METROPOLITAN— (1,591), 25c-40c, 7
days, return engagement, 3rd week. Gross:
$6,000. (Average, $4,100)
"GIFT OF GAB" (Univ.)
RKO-KEITH'S— (1,836), 25c-55c, 5 days.
Gross: $3,500. (Average, $11,400)
"LADY BY CHOICE" (Col.)
RKO-KEITH'S— Two days, to complete
week of above. "La Cucaracha" added.
Gross: $3,500.
Buffalo to Depend
On Legion Ratings
Buffalo, Nov. 15. — No intention to
follow the lead of Warners in Phila-
delphia, whereby films are designated
as for family or adult audiences, is
contemplated by Buffalo Theatres,
Inc., only circuit operating first run
houses here. Schine and the Basil
Bros, have only second run houses
and do not figure much in the adver-
tising.
The attitude here seems to be that
such selectivity would be a constant
breeder of headaches. The Buffalo
council, Catholic Legion of Decency,
each week issues a list of approved
first run pictures, classified as for
adult or family audiences.
Because of the cooperative attitude
of Dr. Edward S. Schwegler, diocesan
director of the Legion, theatres gen-
erally prefer to abide by his selections.
Expect New Ohio Censor
Columbus, Nov. 15. — Few official
announcements have been made by
Governor-elect Davey as to the new
state setup, but it is believed that
Joseph Fichter, assistant state director
of education, will be promoted to state
director, to succeed Dr. Beverly O.
Skinner. The state director is ex-
officio head of the censor board.
Start Family Shows
Salt Lake City, Nov. 15. — Weekly
family shows have been started at the
Capitol. The Salt Lake City Parent-
Teachers' Council is sponsoring the
programs and Perry Rockwood, state
chairman, is supervising the children
each week.
14
MOTION PICTURE
DAILY
Friday, November 16, 1934
"Widow" Gets
Big $19,000,
Kansas City
Kansas City, Nov. 15. — "The
Merry Widow" was the picture of the
week, ringing up $19,000 at the Mid-
land, a gross which recalled old times.
"Big Hearted Herbert," with Guy
Kibbee exploited as a, former local
stock favorite, gave the Tower a good
seven days with $7,900.
"Judge Priest" box-office activity
at the Uptown was strong to the last
day of the extended run, the take of
the third and last week being $4,600.
Attendance of several thousand visi-
tors at a state teachers' convention
helped downtown showshops.
Total first run business was $43,300.
Average is $35,300.
Estimated takings :
Week Ending Nov. 7:
"THE CASE OF THE HOWLING DOG"
(Warners)
NEWMAN— (1,800), 25c-40c, 6 days, plus
Saturday midnight show. Gross: $3,800.
(Average, 6 days, $5,800.)
Week Ending Nov. 8:
"SIX-DAY BIKE RIDER" (F. N.)
MAINSTREET— (3,100), 25c-35c-45c (plus
tax), 7 days, plus Saturday late show.
Stage: Polly Moran, Hal Sherman, Radio
Ramblers, Great Gretonas, Grace Edler &
Reed Bros. Goss: $8,000. (Average, $9,000.)
"THE MERRY WIDOW" (M-G-M)
MIDLAND — (4,000), 25c-40c, 7 days, plus
Saturday midnight show. Gross: $19,000.
(Average, $10,000.)
"BIG HEARTED HERBERT" (Warners)
TOWER — (2,200), 2Sc-3Sc, 7 days, plus
Saturday midnight show. Stage: "Tune-
town" revue, with Bob Hall, Ray & Harri-
son, La Belle Pola, Madie & Ray, Forbes
& Lundell, Paul Spor, m. c. Gross: $7,900.
(Average, $7,000.)
"JUDGE PRIEST" (Fox)
UPTOWN— (2,000), 25c-40c, 7 days, 3rd
week. Gross: $4,600. (Average, $3,500.)
Variety Club Chatter
Cincinnati
Cincinnati, Nov. 15. — Thirty-five
barkerettes attended the first ladies'
day at the local club under sponsor-
ship of the three queens for the day,
Prisciixa (Mrs. Allen) Moritz,
Ann (Mrs. Maurice) White and
Betty (Mrs. Ralph) Kinsler.
Bridge and keno were the pastimes.
The club is to be placed at the dis-
posal of the women each Wednesday
afternoon until 5 P. M.
The first annual dance and frolic,
scheduled for mid-November, has been
postponed until after the first of the
year.
P. J. Wood, member of Tent No. 2,
was a visitor.
At Monday's meeting King for the
Day Nelson Trowbridge supplied
some internationally known talent.
A club luncheon in the Netherland-
Plaza Frontier Room preceded the
meeting.
"Chu Chin" Pulls
,000, Montreal
Montreal, Nov. 15. — Theatres had
it pretty much their own way last
week, sport competition being at its
weakest. The relative leader was
"Chu Chin Chow" at the Princess
which went to $9,000, or 50 per cent
above par, and was held over.
"The Dragon Murder Case" and a
girl show on the stage brought $12,000
to Loew's while "British Agent" hit
$11,500 at the Palace, both being above
average at the box-office.
Total business was $41,000. Aver-
age is $37,000.
Estimated takings for the week end-
ing Nov. 10:
"MRS. WIGGS OF THE CABBAGE
PATCH" (Para.)
"GIFT OF GAB" (Univ.)
CAPITOL— (2,547), 25c-35c-4Oc-50c-60c, 7
days. Gross: $8,500. (Average, $9,500.)
"THE DRAGON MURDER CASE" (F. N.)
LOEW'S— (3,115), 30c-40c-45c-57c-75c, 7
days. Stage: Anatol's "Affairs of 1935,"
with Harry Rose. Gross: $12,000. (Average,
$10,500,)
"BRITISH AGENT" (F. N.)
"DESIRABLE" (Warners)
PALACE— (2,600), 34c-40c-50c-60c-75c, 7
days. Gross: $11,500. (Average, $11,000.)
"CHU CHIN CHOW" (British)
"CUCKOO IN THE NEST" (British)
PRINCESS— (2,272), 30c-35c-50c-65c, 7
lays. Gross: $9,000. (Average, $6,000).
Brent Opposite Francis
Hollywood, Nov. 15. — George Brent
annexes the chief role opposite Kay
Francis in "Living on Velvet," which
Warners is producing. The film has
started, Frank Borzage directing.
Cleveland
Cleveland, Nov. 15. — The first an-
nual banquet and ball of the local
Variety Club drew 700 guests. Presi-
dent Frank Drew and the directors
met the guests attired in their official
"barker" costumes of red coats and
top hats.
During the banquet some 40 acts
were presented, representing practi-
cally every night club in the city, as
well as members of the cast of "As
Thousands Cheer." The floor enter-
tainment started at 10 :30 and was con-
tinuous until 3 A. M. Nat Wolf,
Warner zone manager, was in charge.
Waiters wore different costumes
with each course and marched in in
file to appropriate music furnished by
Maurice Spitalny, Angelo Vitale
and Mike Speciale. With the fish
course they wore slickers and rain
hats. Wild west costumes accom-
panied the meat course.
As the guests entered, each woman
received a corsage of gardenias, and
each man a white carnation.
In addition to the hundreds of guests
from Cleveland, there were delegations
from all surrounding Variety Clubs.
Duke Clark headed a party of 30
from Columbus. Jack Fmnn brought
30 from Detroit. Dave Miller had
10 in his party from Buffalo. Allan
Moritz headed the Cincinnati gang of
10 and from Pittsburgh came John
Harris, national Variety Club presi-
dent; Harry Kalmine, chief barker
and 10 of their members.
Nat Holt, RKO division manager,
was general chairman.
Detroit
Detroit, Nov. 15. — Variety Club
started keno, bridge and pitch Nov. 10
and every Saturday evening through
the winter.
Other events are being planned for
winter evenings.
Washington
Washington, Nov. 15. — Tent No. 11
went international last week when
Edward Heiber and Robert J. Fol-
liard, the kings for a day, staged an
Italian luncheon, replete with red
checkered tablecloths and the fixings.
In keeping with the menu, the en-
tertainment was also Italian, with
Italian artists headed by Jimmy
Savo. Larry Elliott, CBS an-
nouncer, acted as master of ceremonies.
Variety also took on the aspect of
a high court of law, when John J.
Payette was brought before the bar
of Justice to answer for high crimes,
misdemeanors and other infractions,
chief and most heinous offense being
his resignation as chief barker.
Barker Payette pleaded guilty to the
long list — three pages long — of viola-
tions read by A. Julian Brylawski,
"clerk of the court." The sentence
handed down by "Judge" Rudolph
Berger, following the presentation of
a portable bar to the defendant, was
that Malefactor Payette should for
the next 50 years serve only good
drinks.
Tent No. 11 has suffered its first
casualty in its membership rolls with
the transfer of Joseph J. Oulahan to
Cincinnati where he becomes branch
manager for Paramount.
Gets Majestic Franchise
Cleveland, Nov. 15. — Nate Schultz,
president of Selected Pictures, has
taken over from Morris Segal the
Majestic franchise for northern Ohio.
He will release the product under the
firm name of Majestic Film Exchange,
Inc.
Segal, original Majestic franchise
owner for Ohio and Kentucky, has
sold the Kentucky right to Lee Gold-
berg of Big Feature Rights, Louis
ville. He is keeping the franchise for
southern Ohio.
May Roadshow 'Sequoia*
Hollywood, Nov. 15. — M-G-M's
"Sequoia," which has been two years
in the making under the direction of
Chester Franklin, is thought good
enough by studio heads to roadshow.
Following a preview last week, the
studio rushed the film to New York
for an opening. No local release has
yet been planned. The picture is an
outdoor drama featuring Jean Parker
and revolving around a lion cub and a
fawn.
Eagles on G. B. Publicity
Hollywood, Nov. 15. — Harry
Eagles, for many years associated with
Herman Wobber in San Francisco, is
here at the Fox exchange to handle
coast publicity for Gaumont British,
His first bid to put G. B. in the papers
here will be the staging of a preview
of "Chu Chin Chow" at the Ambas
sador Hotel theatre.
Newman, Jr., to Marry
Seattle, Nov. 15. — Frank L. New-
man, Jr., will marry Carolyn Lang of
Portland in January.
Newman is the son of F. L. New
man, executive head of Evergreen
State Theatres, Inc. He is at present
managing the Paramount in Portland.
A. H. Blank Takes Rest
Kansas City, Nov. 15.— A. H
Blank, Des Moines circuit operator,
has been taking the rest cure at Ex-
celsior Springs, Mo., near here
Friends from Kansas City are fre-
quent visitors.
"Divorcee" Is
Big 2nd Week
Frisco Draw
San Francisco, Nov. 15. — For the
second week "The Gay Divorcee" set
the pace here by garnering $16,000 at
the Golden Gate. This is $3,000 over
a first week average.
The only other important attraction
in town from the box-office standpoint
was "The Merry Widow" which took
$24,000, up by $1,000, at the Warfield.
A dual bill, "Madame Du Barry" and
"Gambling," took a par $11,000 at the
Paramount.
Total first run business was $82,000.
Average is $83,000.
Estimated takings:
Week Ending Nov. 6:
"THE GAY DIVORCEE" (Radio)
GOLDEN GATE— (2,800), 25c-35c-40c, 7
days, 2nd week Stage: Band. Gross: $16,000.
(Average, $13,000)
Week Ending Nov. 7:
"WAGON WHEELS" (Para.)
"FIREBIRD" (Warners)
FOX— (4,600), 15c-30c-40c, 7 days. Gross:
$10,000. (Average, $11,000)
"MADAME DU BARRY" (Warners)
"GAMBLING" (Para.)
PARAMOUNT— (2,670), 25c-35c-55c-65c, 7
days. Gross: $11,000. (Average, $11,000)
"THE MERRY WIDOW" (M-G-M)
WARFIELD— (2,700), 25c-35c-55c-65c, 7
days, 2nd week. Gross: $24,000. (Average,
$23,000)
Week Ending Nov. 8:
"GIFT OF GAB" (Univ.)
"DUDE RANGERS" (Fox)
ORPHEUM— (3,000), 15c-30c-35c-40c, 7
days. Gross: $8,000. (Average, $9,000)
"BARRETTS OF WIMP OLE STREET"
(M-G-M)
ST. FRANCIS— (1,400), 15c-35c-55c, 7 days.
Gross: $7,000. (Average, $8,000)
"THE LAST GENTLEMAN" (U. A.)
UNITED ARTISTS— (1,200), 15c-35c-55c, 7
days, 2nd week. Gross: $6,000. (Average,
$8,000)
"Love" Third Week
Grosser in Denver
Denver, Nov. 15. — "One Night of
Love" is the first picture here to play
three first run houses in three weeks,
and even in the third week in the third
house it took $2,400, over normal by
$400. The house was the Paramount.
The musical started at the Denver
and was then switched to the Aladdin.
Total first run business was $22,150.
Average is $20,500.
Estimated takings for the week end-
ing Nov. 8:
"WHOM THE GODS DESTROY" (Col.)
ALADDIN— (1,500), 25c-35c-50c, 7 days.
Gross: $2,500. (Average, $2,500)
"MENACE" (Para.)
DENHAM— (1,500), 25c-35c-50c, 7 days.
Gross: $3,750. (Average, $4,000)
"LADY BY CHOICE" (CoL)
ORPHEUM— (2,600), 25c-35c-50c. 7 days.
Gross: $6,000. (Average, $6,000)
"MARIE GALANTE" (Fox)
DENVER— (2,500), 25c-35c-50c, 7 days.
Gross: $7,500. (Average, $6,000)
"BLIND DATE" (CoL)
PARAMOUNT— (2,000), 25c-40c, 3 dayi.
Gross: $600.
"ONE NIGHT OF LOVE" (Col.)
(Second Run)
PARAMOUNT— (2,000), 25c-40c, 4 days.
Gross: $2,400. (Average for week, $2,000)
Assign Dorothy Arzner
Hollywood, Nov. 15. — Dorothy Arz-
ner's first assignment as a Columbia
producer will be "Maid of Honor,"
a best-seller by Katherine Brush. No
cast has yet been set.
KETTI GALLIAN
for the Chicago
Tribune's 771,190
circulation:
r(,Slim Ketti is an electric,
lovable personality. She is
clever, spontaneous, intuitive,
and mighty pretty. Emotion-
ally facile, she slips from
gayety to fear, to sadness
believably and appealingly.
She has the faculty of
expressing much with hands
and eyes. A real find, this
newcomer.
Time" magazine, too, alert to new important personalities, sings her praises:
Ketti Gallian has a quick charm and an informal blonde beauty"
16
MOTION PICTURE
DAILY
Friday, November 16, 1934
Richards Remains
As Saenger's Head
(Continued from page 1)
was followed with approval by the
reorganization committees at a later
meeting.
As also designated in the original
Saenger reorganization plan, which
was published exclusively in Motion
Picture Daily of June 7, Richards
will acquire SO per cent of the out-
standing stock of the new Saenger
company. The original plan, however,
stipulated that Richards was to receive
all of the Class A and Paramount all
of the Class B. The new agreement
shuffles the voting and income stock
in Paramount's favor but still gives
Richards a 50 per cent interest, it is
understood.
The agreement completes the Saen-
ger reorganization plan which will now
be speeded to the courts in the hope
of effecting the reorganization prior to
Jan. 1, as contemplated in the original
plan which stipulated that if the plan
were not in effect by that date it
would be considered to have been
abandoned.
Objections Made to
Allied Owners Plan
(Continued from page 1)
securities aggregating $400,000, pre-
sented the protest and asked for a de-
lay. He was warned that a series of
adjournments would put completion of
the plan back beyond Dec. 31.
Most of the hearing was devoted to
questioning of William N. Greve,
president. The special master inter-
rupted and declared that the question-
ing was covering ground previously
examined and that the attorneys could
find their information in a transcript
of the testimony.
The proposed reorganization is un-
der Section 77B of the new bankruptcy
laws, and it is understood that Loew's,
Inc., will not extend its offer for some
houses involved beyond the end of the
year.
Allied was formed as a financing or-
ganization and has interests in the
Brooklyn Paramount, Loew's Kings,
Loew's Pitkin, Loew's Valencia, and
other houses in Birmingham, Fremont,
O., and Glens Falls, N. Y.
Transfer Five Ohio
Spots to Para. Unit
(Continued from page 1)
Palace and Rialto at Hamilton, and
the Paramount and Strand at Middle-
town, by the Taft estate, owners.
Harry L. Royster was elected vice-
president and general manager of the
new operating company for the five
houses. B. Fields, of counsel for the
Paramount Publix trustees, repre-
sented the lessor in the conclusive
transactions. The transfer is in ac-
cordance with the plan of settlement
of the Taft estate's claims against Par-
amount Publix arising out of bond and
lease guaranties. The settlement plan
was approved by the Federal court in
New York some time ago.
Smith Goes to Frisco
Cincinnati, Nov. IS. — George
Smith, manager of the Paramount
branch, has been transferred to the
San Francisco office. Joseph Oulahan
comes here from Washington, D. C,
as Smith's successor.
Brisbane Pays High
Honor to Pickford
Arthur Brisbane yesterday paid
tribute to Mary Pickford at the
Ampa. Miss Pickford has been named
honorary president of the women's
division of the association. Brisbane
stated "Miss Pickford typifies Ameri-
can womanhood and is a credit to the
industry."
The famous editorial writer struck
a humorous note when he revealed
that upon his arrival at the M. P.
Club he was given a speech written
by one of the publicity men. He said :
"That's the way some of the bosses
in the film industry make speeches,
but I dictated mine to a dictagraph,
which I have in my car, on my way
down to business this morning."
Brisbane presented Miss Pickford
with a scroll of life membership to
the Ampa.
In accepting the scroll, Miss Pick-
ford said :
"It's a happy day and a joyous
occasion when I find myself among
my own people. Today is no excep-
tion. I find my words sticking in my
throat as I try to tell you how much
I am moved by this happy occasion.
Radio and the stage can never take
the place pictures hold in my heart."
Other guests at the meeting in-
cluded Eddie Rickenbacker, Clarence
Brown, Frank Buck, Benita Hume,
Nick Lucas, Sir Gerald Campbell,
Uncle Don and Harry Hershfield
Charles C. Petti john was guest chair-
man.
BIP Has 12 on Its
Lineup; 5 in Work
London, Nov. 15. — Twelve features
are in the lineup of B. I. P. for the
coming season, according to John
Maxwell, company head. Production
supervision will be handled by Walter
Mycroft.
Five pictures are already in work.
These are "Abdul Hamid," "The Old
Curiosity Shop," "Dandy Dick," "Mc-
Glusky, the Sea Rover" and "Radio
Parade of 1935," part of which will be
done in color.
The other seven proposed are
"Drake of England," "La Boheme,"
"The DuBarry," "Dance Band,"
"Blackbirds of 1935," a picture unti-
tled but starring Henry Hall and his
B. B. C. Dance Orchestra, and "Invi-
tation to the Dance."
Grant to Run M. P. Office
Hollywood, Nov. 15. — Jack Grant
has moved in as head of the Holly-
wood office of Motion Picture Pub-
lications. Dorothy Donnell will re-
main as western editor under the
supervision of Grant, who is also per-
sonal representative for Stanley V.
Gibson, the publisher.
Grant's first move was to call a
meeting with producers to iron out
difficulties which have placed Motion
Picture and Motion Picture Classic
on the studio black list.
Lisbon Giveaways Hit
Cleveland, Nov. 15. — The grievance
board has issued a cease and desist
order to George Manos, Lisbon, upon
complaint of Robert Madigan, Opera
House, Lisbon, against "Farm Nights."
The board dismissed a complaint of
Manos against Madigan, charging re-
duced admissions.
Settlements End 4
Neb. Theatre Suits
Lincoln, Neb., Nov. 15. — Settle-
ments have been made in four suits
against 13 distributing agencies in
Nebraska. The suits, filed in Federal
district court here, asked damages ag-
gregating $217,500.
The plaintiffs were Clarence J.
Kremer, Stanton, who sought $62,500 ;
C N. Robinson, Blair, $52,500; Eric
Wesselman, Pierce, $61,500; and G.
G. Griffin, Plattsmouth, $42,000.
Defendants were Omaha Film
Board of Trade, Paramount Publix
Corp., First National Pictures Dis-
tributing Corp., M-G-M Distributing
Corp., Universal Film Exchanges,
Inc., Fox Film Corp., United Artists
Corp., RKO-Pathe Distributing Corp.,
Vitaphone Distributing Corp., M. P.
P. D. A., Publix Theatres Corp., and
Publix-Nebraska, Inc.
Paul F. Good, attorney for the
plaintiffs, revealed the settlement was
$20,000, Wesselman and Robinson
each receiving $6,000 and Griffin and
Kremer $5,000 each.
The actions were brought on
grounds similar to those in the noted
Youngclaus case — allegations being
made that small theatres were forced
by the defendants to give protection to
larger theatres. This protection, it
was charged, forced the small theatre
owners to show second run pictures
at a loss in revenue.
Appeals Committee
Hears K. C. Charges
While George J. Schaefer and Ed-
ward Golden were on their way to
Kansas City yesterday to straighten
out the clearance and zoning sched-
ule, a special Campi appeal committee,
comprising Charles L. O'Reilly, Jos-
eph Seider and Harry H. Buxbaum
heard four grievance complaints
against exhibitors in that territory in-
volving reduced admissions.
The cases were: Mrs. A. Baier,
Lindberg, Kansas City, against J. F.
Rigney, Westport, same city ; Ritz,
Chillicothe, O., against Glen Dickin-
son, Dickinson, same city; Clyde B.
McAleer, Orpheum, Parsons, Kan.,
against Dickinson's Uptown, same
city; C. A. Schultz, Strand, Creston,
la., against Glen Dickinson, Dickinson,
same city.
Johnston to Confer
Kansas City, Nov. 15. — W. Ray
Johnston arrived here from the coast
today and tomorrow will meet Edward
Golden, who arrives from New York
with George J. Schaefer on local clear-
ance and zoning matters. Johnston
and Golden will confer on Monogram
sales and production plans and leave
here Saturday for New York.
Golden today was in Chicago con-
ferring with Irving Mandel of Se-
curity Pictures, Monogram franchise
holder.
New Buying Charge
Made Against Reade
Another overbuying complaint has
been filed against Walter Reade in
New Jersey. This time Sidney Sam-
uelson, president of Allied of New
Jersey, filed a protest for Joseph Sic-
ardi of the Liberty, Plainfield, claim-
ing that Reade overbought for his
Strand, Oxford and Paramount in the
same city.
Hearing is set for next Tuesday.
Short Subjects
"Rhapsody in Steel"
(Al Bondy)
This short subject, produced by
Audio Prod., is a distinct novelty and
one that should create comment no
matter where played. It's a commer-
cial film, one that takes the audience
through every step in the manufacture
of a Ford automobile, but the photog-
raphy is so unique and striking that
What Symbols Mean
The "G" symbol indicates
general entertainment.
The "A" symbol indicates
adult entertainment.
this phase of the picture alone is
enough to make it stand out.
Every process in the manufacturing
of the car is covered in detail from
the forging of the steel, the stamping
of the various parts and assembling
them down to the final polishing of the
finished product.
As novelty entertainment this is
highly recommended. No code seal.
Running time, 15 mins. Classifica-
tion : "G."
"Done in Oil"
(Roach-M-G-M)
Thelma Todd and Patsy Kelly, aided
by Arthur Housman, Eddie Conrad
and Leo White, here combine to pro-
duce an amusing short. Miss Todd
and particularly Miss Kelly resort
less to slapstick here than in any of
their previous comedies and the re-
sults are much more favorable. The
dialogue is appropriate and the situa-
tions and entire story novel. Code
seal, No. 218. Running time, 20 mins.
Classification : "G."
"The Big Mouthpiece"
(Radio)
The title fully explains this one. It
is very talkative, but not very enter-
taining. Chick Chandler, as a fledg-
ling lawyer that loves the sound of
his own voice, monopolizes the pic-
ture and fails to click here as a
comedian. Tom Kennedy and Jeanie
Roberts are also in the cast. Code
seal, No. 213. Running time, 20 mins.
Classification : "G."
"Rugby"
(M-G-M)
With off-screen comments by Pete
Smith, this short explains the game
of rugby. It should interest those
audiences who are sport-minded, but
its appeal to the general type of the-
atregoer is doubtful. Its subject mat-
ter is too little known. Code seal, No.
175. Running time, 10 mins. Classifi-
cation : "G."
Charter March of Time
Albany, Nov. 15. — March of Time,
Inc., New York City, has been char-
tered with capital of 200 shares non-
par value stock to deal in films. Henry
C. Walter, Jr., Gilbert W. Oswald and
Keith T. Middleton are directors and
subscribers. Cravath De Gersdorff,
Swaine & Wood, are attorneys for the
corporation.
"Waltz Time" to Open
"Waltz Time in Vienna," musical
produced in Austria by Ludwig Ber-
ger, will open tomorrow for a run at
the 55th St. Playhouse.
N. L. NATHANSON
Operates
153 theatres,
spends upward
of $3,000,000
annually for film.
He reads
MOTION PICTURE
DAILY
Industry Buying Power Reads
ION PICTURE DAILY
THE INSIDE STORY
OF THE LOVES and
LOVERS OF THE
MOST FAMOUS
SONG BIRD IN
THE WORLD!
EVELYN LAYE
*£vsrisond
OPENING TODAY • ROXY
COMING . . . GEORGE ARLISS in "THE IRON DUKE
PHYSICAL DISTRIBUTION • FOX EXCHANGES • CANADA, REGAL FILMS, LTD,
The Leading
Picture
Industry
MOTION PICTURE
DAILY
Alert,
Intelligent
the In
in All
Branches
OL. 36. NO. 119
NEW YORK, MONDAY, NOVEMBER 19, 1934
TEN CENTS
\greement on
Eight of Para.
Directors Set
\ ames Will Be in Plan
To Go Before Court
Agreement on candidates for the
rst board of directors of reorganized
'aramount which, at the outset, will
umber eight or nine of a projected
Dmplete membership of 12 or 14, vir-
lally has been agreed upon in
organization circles.
Those about whose candidacy there
dw remains but little doubt are :
dolph Zukor and George J. Schaefer,
f Paramount ; Frank A. Vanderlip
iid Dr. Julius Klein, of the Yander-
p bondholders' protective committee ;
uncan A. Holmes and Maurice New-
of the Holmes stockholders' pro-
:ctive committee, and Percy Johns-
m and George W. Davison, of the
aramount bank creditors' group,
[ewton is associated with Hallgarten
(Continued on page 6)
Crpi Para. Claim
Set at $1,200,000
Settlement of Erpi's $1,884,000 claim
jainst Paramount Publix, agreed to
:cently by the Paramount trustees
id scheduled for immediate filing
ith the Federal district court, pro-
ides for a $1,200,000 consideration to
rpi and the issuance to Paramount of
(Continued on page 6)
Vo Rialto Change Is
Expected for a Year
Although new interests have bought
ito the Rialto Theatre and building,
o new structure, if any, will be
rected to replace the present play-
ouse until Nov. 1, 1935.
Arthur Mayer, operating for Para-
lount for the last year and a half,
(Continued on page 4)
Now Up to Members
Hollywood, Nov. 18.— Direc-
tors of the Screen Actors'
Guild yesterday approved the
agreement under which the
organization will receive a
charter from the Associated
Actors and Artistes of Amer-
ica giving it full union juris-
diction over the picture field.
Ballots are now being mailed
to the approximately 50€ class
A members for ratification.
10,263 Houses Grossed
$414,468,000 in 1933
$93,907,000 N. Y. Theatres'
Take in '33, Bureau Says
Washington, Nov. 18. — Nearly 25 per cent of the nation's theatre
business is centered in the State of New York, where 879 theatres last
year had total box-office receipts of $93,907,000, it was announced tonight
by the U. S. Census Bureau.
The bureau's study showed 820 picture houses with receipts of $85,-
150,000 and pavrolls of $17,686,000; 29 picture and vaudeville theatres
with receipts of $4,850,000 and payrolls of $1,640,000, and 30 degitimate
theatres and operas with receipts of $3,907,000 and payrolls of $1,454,000.
Nearlv half of all the houses in the state are located in the City of
New York, where 424 houses took in $70,360,000 on payrolls of $16,113,-
000. The bureau counted 382 picture theatres with receipts of $63,882,000
and payrolls of $13,595,000; 13 picture and vaudeville with receipts of
$2,578,000 and payrolls of $1,069,000, and 29 legitimate houses with
receipts of $3,900,000 and payrolls of $1,449,000.
A breakdown of the city figures shows that Manhattan had 144 picture
(Continued on page 5)
Loew's 1934
Profit Up to
$7,479,897
Net profits of Loew's, Inc., and
wholly owned subsidiaries for the
fiscal year ending Aug. 31 were
nearly double those for the previous
year. The total, after interest, de-
preciation and Federal taxes, was
$7,479,897.41. For the previous year
they were $4,034,289.
This year's figure, an increase of
$3,445,608.41, brings the net almost
back to the 1932 level of $7,961,314
and is more than half of the five-year
record of $14,600,332 set in 1930.
Earned surplus for the year ending
in August is given as $37,667,062.66,
a gain of $3,966,740.66 over the previ-
ous year.
Gross income for the current year,
(Continued on page 5)
Pathe 39-Week Net
Totals $78,165.13
Pathe Exchange, Inc., made a net
profit of $78,165.13 during the 39
weeks ending Sept. 29 and cut its
deficit by that amount, according to
(Continued on page 5)
Sale of FWC
Up Today for
McNabb O. K.
Los Angeles, Nov. 18. — Referee S.
W. McNabb will act tomorrow on the
petition of National Theatres Corp.,
which on Nov. 8 bid $14,782,722 for
the assets of Fox West Coast The-
atres. The sale tomorrow is private
and the bid is expected to be accepted
without delay.
According to the petition, National
will pay 100 cents on the dollar to
creditors of claims totaling the
amount of the bid. The circuit is
said to be in fine operating shape.
Although they are agreed on the
terms of their 10-year joint contract,
Spyros and Charles Skouras have not
yet signed the pact. It is said that
they do not agree to the form involved,
(Continued on page 6)
Rosenblatt May Get
NRAComplianceJob
Washington, Nov. 18. — The ele-
vation of Division Administrator Sol
A. Rosenblatt to director of com-
pliance for the NRA is reported in
(Continued on page 5)
9,499 Straight Picture
Theatres Did Bulk
of $356,316,000
The business chart of the
nation's theatres in 1933 ap-
pears in full detail on page 4.
By CLARENCE LINZ
Washington, Nov. 18. — A total of
10,263 theatres with box-office receipts
last year of $414,468,000 have been
counted throughout the United States
by the U. S. Census Bureau, it made
public tonight.
Of the total 9,499 were motion pic-
ture houses with receipts of $356,316,-
000 and 642 were picture and vaude-
ville houses with receipts of $49,541,-
000. Legitimate theatres numbered but
122 and their receipts were but $8,611,-
000, or slightly more than two per
cent of the total national box-office
parade.
Nearly 80 cents out of every dollar
spent for amusement goes into the box-
office of theatres showing motion pic-
tures, analysis of the bureau's figures
disclosed. Total expenditures last year
for all amusements, including theatres,
races, bowling and billiards, etc., were
placed at $519,497,000.
Slightly more than one-fourth of all
theatre receipts are taken by the
houses in the seven largest cities, it
(Continued on page 4)
Cleveland 10-Cent
Rate to Be Argued
Cleveland, Nov. 18. — To discuss
the growing prevalence of slashing ad-
mission prices at local subsequent
runs, the Cleveland M. P. Exhibitors'
Ass'n has called a general meeting for
Wednesday. Non-members in the
Greater Cleveland area have been
invited.
First run and first run neighbor-
(Continued on page 5)
Organizing
Checkers of the various
Broadway houses are plan-
ning to hold daily meetings
along the Main Stem to ex-
change news.
As it stands, the spotters
know each other by sight and
do their talking informally.
MOTION PICTURE
DAILY
Monday, November 19, 19:
MOTION PICTURE
DAILY
(Registered U. S. Patent Office)
Vol. 36 November 19, 1934 No. 119
Martin Quigley
Editor-in-Chief and Publisher
MAURICE KANN
Editor
JAMES A. CRON
Advertising Manager
Published daily except Sunday and holi-
days by Motion Picture Daily, Inc., sub-
sidiary of Quigley Publications, Inc.,
Martin Quigley, President; Colvin Brown,
Vice-President and Treasurer.
Publication Office: 1790 Broadway, New
York. Telephone Circle 7-3100. Cable ad-
dress "Quigpubco, New York." All con-
tents copyrighted 1934 by Motion Picture
Daily, Inc. Address all correspondence to
the New York Office. Other Quigley pub-
lications: MOTION PICTURE HERALD,
BETTER THEATRES, THE MOTION
PICTURE ALMANAC and THE CHI-
CAGOAN.
Hollywood Bureau: Postal Union Life
Building, Vine and Yucca Streets, Victor
M. Shapiro, Manager; Chicago Bureau: 407
South Dearborn Street, Edwin S. Clif-
ford, Manager; London Bureau: Remo
House, 310 Regent St., London, W. 1,
Bruce Allan, Representative. Cable address:
"Ouigpubco, London"; Berlin Bureau:
Berlin - Tempelhof, Kaiserin - Augustastrasse
28, Joachim K. Rutenberg, Representative;
Paris Bureau: 19, Rue de la _ Cour-des-
Noues, Pierre Autre, Representative; Rome
Bureau: Viale Gorizia, Vittorio Malpassuti,
Representative; Sydney Bureau: 102 Sus-
sex Street, Cliff Holt, Representative; Mex-
ico City Bureau: Apartado 269, James
Lockhart, Representative; Glasgow Bureau:
86 Dundrennan Road, G. Holmes, Repre-
sentative; Budapest Bureau: 3, Kaplar-u.
Budapest, II, Endre Hevesi, Representa-
tive; Moscow Bureau: Civtzev Vrazhek,
N. 25, Apart. 146, Moscow, U. S. S. R..
Bella Kashin, Representative. Cable ad-
dress: "Samrod, Moscow."
Entered as second class matter, January
4, 1926, at the *Post Office at New York
City, N. Y., under Act of March 3, 1879.
Subscription rates per year: $6 in the
Americas, except Canada $15 and foreign
$12. Single copies: 10 cents.
Columbia Lines Up
Exploitation Staff
Columbia has decided to put on ad-
ditional exploiteers to work on
"Broadway Bill" key center opening
dates, following a two-day eastern
managers' session at the St. Moritz.
Among the exploiteers are John Cur-
ran, Boston ; Fred Marshall, Phila-
delphia ; Harold Harris, Cincinnati ;
Jack Thoma, Chicago; Ted Toddy,
Atlanta ; Mike Roth, Kansas City ;
Mike Newman, Los Angeles ; Jean
Finley, Dallas ; Eddie Meek, Los
Angeles.
A special trade showing will be
held at the Astor on Wednesday. The
conventioneers saw the picture Satur-
day before leaving for their respective
territories. Attending the conclave
were : Abe Montague, Joe McCon-
ville, Rube Jackter, Louis Weinberg,
Lou Astor, J. W. McFarland, Abe
Schneider and Herschel Stuart of the
home office ; I. H. Rogovin, New
Haven ; T. F. O'Toole, Boston ; C.
N. Johnson, Albany; H. E. Weiner,
Philadelphia ; S. A. Galanty, Wash-
ington ; A. H. Levy, Pittsburgh ; Toe
Miller, Buffalo; Nat Cohn and Ed-
ward Schnitzer, New York ; A. S.
Moritz, Cleveland; C. H. Schalit,
Detroit ; M. Solomon, Indianapolis.
Cohn Back Wednesday
Jack Cohn, vice-president of Colum-
bia, arrives Wednesday aboard the
Conte de Savoia.
Insiders9 Outlook
MUCH of significance in the
attitude of the Catholic
Church toward films is embodied
in the two statements issued by
the general conference of its bish-
ops in Washington late Friday
night. For instance, the failure of
that conference to agree on the
boycott question, with Cardinal
Dougherty, whose purple wields
an influence of force in the Phila-
delphia diocese, stands out in sev-
eral respects. The bishops, you
understand, did not in so many
words declare they disagreed with
the Philadelphia ban which has
created serious theatre disturb-
ance in that section, yet their con-
clusions inevitably point out that
they did. . . .
T
Little comfort for the industry
is offered in the text of the pub-
lished statements of warning and
indicated action. The bishops
made it very clear that a national
boycott, duration one week at
least, impends if the industry's
pledge to the Legion of Decency
to "maintain decent standards in
production" is not observed to the
hilt. Yet comfort of a sort there
is in their attitude. The hier-
archy warned, it is true, but it
also left the road open, predicated
on the small, but big, word "if."
The industry, once again, there-
fore, cannot plead ignorance. It
has been told where it stands and
this is it: If decent standards, ap-
praised through Catholic eyes, are
not maintained, the penalty will
be theatre abstinence by church
members. . . .
T
From the statements, repub-
lished because of their clarity, in-
tent and scope :
"No group of men are less
inclined than the Catholic bish-
ops to interfere with legitimate
amusements, or, in these times
of trial and uncertainty, to de-
prive people of any pleasure that
may bring joy into their lives.
. . . The campaign against the
crimes and transgressions of the
makers of moving pictures has
been undertaken with no other
purpose than to show that a
clear line must be drawn be-
tween what is elevating and in-
structive and what is debasing
and degrading. ... If every
community continues to insist
that only clean pictures be
shown, the producers will not
find it profitable to return to
their old ways of exploiting the
weakness of human nature." . . .
T
Casting all doubts to the wind,
if there were any, about a reor-
ganized Paramount as it has to do
with one Adolph Zukor comes the
sweeping, late-last-week state-
ment from Trustees Richardson,
Hilles and Leake. Listen to part
of what they had to say :
"At no time has there been
any . . . clash or difference,
either in purpose or method, be-
tween Mr. Zukor and the trus-
tees. . . . The trustees . . . have
found themselves in full and
harmonious accord with him in
. . . policies. . . . The trustees
. . . recognize his great value
and importance to Paramount
and they are confident that all
who are interested in the wel-
fare of Paramount and are fa-
miliar with its affairs also know
Mr. Zukor's record and recog-
nize his great value to the enter-
prise." . . .
▼
To contemplate Paramount, as
it stands or as it may be reorgan-
ized, without Zukor's participa-
tion would be to walk out on
much of the tradition of the in-
dustry. To many in many quar-
ters, Zukor continues to be Par-
amount, and Paramount, Zukor.
The available record on attempted
operation of any large film com-
pany by simonpure bankers alone
could be tinged with far more
accomplishment. The peculiar
complexities of this business, its
frequent resistance — apparently
inherent — to treatment applied to
other enterprises in other fields
Loew's Pfd. Hits New High on Big Board
Net
High Low Close Change Sales
Columbia Pictures, vtc 37 37 37 + 54 ICO
Consolidated Film Industries 3% 354 3¥& + Vs 1,500
Consolidated Film Industries, pfd 1754 17 17J4 + Ve 3,200
Eastman Kodak 10954 109 10954 + 54 700
Fox Film "A" 13& 1356 1354 + 54 600
Loew's, Inc 32M 3154 3254 +V/S 13,800
Loew's, Inc., pfd 10054 99H 10054 +1% 300
Paramount Publix, cts 4 3% 4 + % 2,300
Pathe Exchange VA M 154 + Vt 1,200
Pathe Exchange "A" 1654 IS WA +1 1,900
RKO VA 156 15* 3.200
Warner Bros 4% 4f$ 4% +54 1,500
Technicolor Lone Curb Issue
Technicolc
Net
High Low Close Change Sales
. 1254 1254 1254 100
Trading Light in Bond Market
High Low
General Theatre Equipment 6s '40 8 754
Loew's 6s '41 ww deb rights 10354 10354
Paramount F. L. 6s '47 57*4 57
Warner Bros. 6s '39, wd 5854 5854
Net
Close Change
m + a
10354
57
5854
Sale
- 54
-54
by this time should be so familiar
a story that efforts at widely
changing the routine would seen
most effective by not trying at al
Zukor played a monumental par
in building up Paramount over
long period of years. No reaso
occurs to believe he cannot pla
a similarly vital part in the reha
bilitation process as well. . . .
T
Explaining away, maybe, th
Dave Selznick-"Jock" Whitne>
reports, fulminating mostly on the,
coast : Whitney describes Dave a?
"one of his best friends" and "one
of the best of producers." He also
maintains his interest goes no
further; that he has no intentior
"at present" of financing Selz-
nick. By February 1, however, il
may be a different story. One of
those nine Technicolors Whitne\|
has in mind is "Dark Victory/
the new Tallulah Bankhead playj
. . . Joe Kennedy, one-time pic-
ture man and now chairman ofj
the Securities and Exchange
Commission, has gone downrighl
noble in explaining how business
will be "protected and given ai
chance to live, make profits and
grow" provide it "does the rightl
thing." Press interviews, you un-
derstand. . . .
▼
Manny Cohen, who, for thi«
reason and that, has been making
the public prints with a bang oi
late, stepped back into his original
Paramount job as editor of its
newsreel long enough on Satur-
day to sock and rock an un-
named adversary or adversaries!
whose names are not difficult to,
fill in.
"The film industry need not
fear that it will ever be without
a real newsreel," he said. "Par-
amount News right now makes
the pledge to exhibitors that it
will always adhere to a straight
all-news policy. ... It wants
news — not propaganda or com-
mentary. ... It isn't featuring
important happenings just be-
cause they may favor a certain
city. . . . Neither will Para-
mount News stoop to shout
'Scoop!' by tricking up library
material with a new sound track
thus bringing an old story up to
date."
Fox Movietone, Hearst Met-
rotone, Universal, Pathe, not to1
overlook the "March of Time,"
please, note. It's meant for sev-
eral or all of you. . . .
KANN
Leon Rosenblatt Moving
Leon Rosenblatt is moving his head
quarters to the Paramount Building 0
Jan. 1. Joseph Leider also is shiftin
his quarters to the same building abou
the same time.
Buys Cleveland Rex
Cleveland, Nov. 18. — M. M. Jacobs
attorney, has purchased the Rex frorr
Mr. and Mrs. Dominic Grille 5
opened today under the new owner.
Miss Marion to M-G-M
Hollywood, Nov. 18. — Frances
Marion has been signed to a new lonfj
term ticket with M-G-M.
"THE
PRESIDENT VANISHES
„ vj ALTER DANGER'S Fl
RST PICTURE FO
PARAMOUNT
RELEASE PREVIEWED IN
HOLLYWOOD TO AMAZING PUBLl
REACTION. TRADE
PAPERS RAVE. DANGER
DELIVERS HIT. IT CAN'
Ml SS
n . HOLLYWOOD REPORTER.
"WILL GIVE I
TSELF FLYING^|iiTAf
AT BOX OFFICE
«... MOTION PICTURE
DA I LY . "DISTINGUISHED.
DARING. PROVOCATIVE
.SHOULD GROSS HEAVILY
KEY SPOTS".
^HOLLYWOO_D^RI^STOP
WATCH
FOR THIS PICTURE.
MOTION PICTURE
DAILY
Monday, November 19, 193
1933 Grosses
$414,468,000,
Gov't Learns
(Continued from page 1)
was shown, where 1,151 houses re-
ported a total of $129,971,000.
In New York City, 424 theatres took
in $70,360,000, it was reported; Chi-
cago had 215 theatres, taking $23,252,-
000; Philadelphia, 143 and $10,578,-
000; Los Angeles, 153 and $10,121,000;
Detroit, 100 and $7,143,000; Cleve-
land, 76 and $4,827,000, and St. Louis,
40 ajid $3,690,000.
Among the states, New York, of
course, led with 879 theatres taking in
$93,907,000, followed by California
with 629 theatres and $35,223,000 in
receipts ; Illinois, 551 houses and $33,-
106,000; Pennsylvania, 745 theatres
and $30,891,000; Massachusetts, 290
theatres and $22,809,000, and Ohio, 555
theatres and $20,730,000.
These six states contained approxi-
mately one-third of the nation's the-
atres, but took in something over 50
per cent of the total receipts.
Four other states did a box-office
business in excess of $10,000,000 last
year. They are New Jersey, with 238
houses reporting $19,179,000; Michi-
gan, with 406 houses, $14,124,000;
Texas, with 515 houses, $12,825,000,
and Missouri, with 321 houses, $10,-
256,000.
Nevada Grosses Smallest
The poorest theatrical state was Ne-
vada, where 19 houses took in $474,000,
but New Mexico showed a poorer av-
erage box-office, 30 houses taking in
$497,000. These were the only two
states to report less than $500,000, but
four other states reported receipts be-
tween $500,000 and $1,000,000, as fol-
lows : Vermont, 32 houses and $542,-
000; Wyoming, 37 houses and $873,-
000 ; Delaware, 23 houses and $940,000,
and Idaho, 71 houses and $955,000.
Seven states reported between $5,-
000,000 and $10,000,000, and 24 be-
tween $1,000,000 and $5,000,000. The
District of Columbia also was in the
latter category.
The Census Bureau survey is not
believed to be 100 per cent accurate,
but it is believed to be so close to
actual conditions that any difference
is viewed as negligible. In making the
survey, paid for by the Public Works
Administration, the bureau was up
against a real problem in running down
the houses in some of the rural dis-
tricts, especially those open but one or
two nights a week or even more infre-
quently. It is not believed that any
houses which might have been over-
looked were of sufficient importance to
make any real difference in the figures,
however.
Any inaccuracies in the figures, it is
explained, are due to the fact that the
survey was made by unemployed per-
sons on the relief rolls and without the
supervision of trained census workers
and, as soon as the canvass was made,
the crews were dispersed, thus mak-
ing it impossible to make a re-check
where any doubts arose.
Fay Wray Heading East
Hollywood, Nov. 18. — Fay Wray,
who has secured her contract release
from 20th Century, is enroute east on
her way to London to play the femi-
nine lead in Gaumont British's "Alias
Bulldog Drummond."
1933 Grosses: Where and What They Were
Washington, Nov. 18. — The following table, prepared by the Washington Bureau of Mono:
Picture Daily, shows, in detail, the classification of theatres in each state, both as to number and &■
to box-office receipts in 1933. The figures are preliminary and subject to correction when the Censu
Bureau completes its analysis :
Number of Houses
M.P. &
Alabama ,
Arizona
Arkansas
California
Colorado
Connecticut
Delaware
Dist. of Col
Florida
Georgia
Idaho
Illinois
Indiana
Iowa
Kansas
Kentucky
Louisiana
Maine
Maryland
Massachusetts . .
Michigan
Minnesota
Mississippi
Missouri
Montana
Nebraska
Nevada
New Hampshire
New Jersey
New Mexico . . .
New York
North Carolina .
North Dakota . .
Ohio
Oklahoma
Oregon
Pennsylvania . . .
Rhode Island . . .
South Carolina
South Dakota . .
Tennessee
Texas
Utah
Vermont
Virginia
Washington . . .
West Virginia . .
Wisconsin
Wyoming
Total 9,499
M P
Vaude. Lee.
Total
M.P.
117
9
126
$1 673 000
25
7
'i
33
637 000
109
1
110
1,446,000
455
163
ii
629
20^367^000
101
21
1
123
l[997*0O0
125
15
1
141
5812000
22
1
23
906,000
22
1
"2
25
3 727 000
92
1
1
94
1,572,000
147
9
2
158
3 ^9 12, 000
61
9
1
71
705000
447
101
3
551
19 454 000
287
9
1
297
7 218 000
306
10
2
318
5,313,000
198
56
6
260
2232 000
149
5
2
156
3,461,000
147
4
1
152
4604000
m 1 ~ f \J\J \J
71
3
1
75
1 115 000
1,11^ ,'J J* j
144
1
3
148
6 336 000
270
10
10
290
20,854,000
399
4
3
406
13 238 000
314
3
317
7 523 000
92
3
95
1 254 000
278
36
7
321
8 014 000
72
12
84
780 000
231
8
"2
241
2 590 000
19
19
474,000
47
47
1 322 000
1- y\J *• fd f\J\J\J
235
i
"2
238
19 149 000
26
4
30
390,000
820
29
30
879
85,150,000
182
1
1
184
4,071,000
100
1
1
102
1,081,000
536
18
1
555
19,846,000
252
2
254
4,363,000
103
12
'i
116
2,446,000
722
12
11
745
29,686,000
35
2
37
3,171,000
70
"7
77
1,306,000
115
115
1,241,000
122
"2
124
2,711,000
508
4
"3
515
12,607,000
69
5
74
1,052,000
31
1
32
533,000
157
2
159
4,099,000
195
24
"2
221
5,165,000
149
6
1
156
2,711,000
297
6
303
6,532,000
28
9
37
470,000
9,499
642
122
10,263
$356,316,000
Receipts
M.P. &
Vaude.
$143,000
464,000
Let.
13,929,000
575,000
1,837,000
*
*
190,000
249,000
12,825,000
230,000
243,000
2,332,000
414,000
34,000
29,000
*
979,000
801,000
$927,000
*
1,614,000
756,000
208,000
827,000
*
27,000
159,000
976,000
85,000
89,000
25,000
628,000
*
107,000
4,850,000
*
*
840,000
*
455,000
853,000
3,907,000
*
*
*
*
352,000
*
330,000
165,000
74,000
*
*
1,742,000
435,000
69,000
403,000
53,000
Total
$1,816,00*
1,110,00'
1,472,00
35,223,00
2,599,00
7,672,00
940,00"
4,792,00
1,746,00
4,125,00
955,00'
33,106,00
7,452,00
5,558,00'
4,591,00i
3,936,00
4,651,00
1,150,00
6,503,001
22,809,00
14,124,00
7,612,00i
1,279,00
10,256,00
1,536,00
2,806,00
474,00
1,322,00)
19,179,00
497,00
93,907,00
4,100,00
1,083,00
20,730,0CH
4,409,00(
2,904,0(X
30,891 ,00(
3,271,00<
1,636,00(
1,241,001
2,777,00<
12,825,001
1,126,0(X
542,0(X
4,129,00(
6,974,00(
3,158,00(
6,601, OCX
873,0(K
$49,451,000 $8,611,000 $414,468,00(
*Figures withheld by Census Bureau to avoid disclosing individual transactions.
Legend: M.P. — Motion Picture. M.P. & Vaude. — Motion Picture ana vaudeville. Leg. — Legitimate stage and opera.
Rename F. & M. Unit
Dover, Del., Nov. 18. — Stageshows,
Inc., a Delaware corporation, has
changed its name to Fanchon & Marco
Agency, New York.
General Radio Mfg. Corp. has been
chartered here to deal in television,
radio, phonograph and wireless sets,
listing a capital of $100,000. The in-
corporators are J. M. Frere, J. A.
Frere and C. R. Murphy of Wilming-
ton.
Arcadia, Phila., Cuts
Philadelphia, Nov. 18. — The Ar-
cadia, downtown second run, has fol-
lowed the Stanley- Warner lead with
a reduction in scale. The house drops
from a 25c-40c-50c scale to 25c-35c-40c.
Rumor around town is that the
Earle, presentation house, will drop
when the Mastbaum reopens on Dec.
24 under Roxy's direction.
No Rialto Change Is
Expected for a Year
(Continued from page 1)
has another year to go before the
lease expires. Until that time,
nothing can be done.
It is reported that the new interests
want to add a number of stores and
make the theatre smaller. Whether
this plan will go through at this time
next year is doubtful to a number of
theatre men close to the Rialto situ-
ation.
Landi Opposite Brisson
Hollywood, Nov. 18. — Paramount
has definitely set Elissa Landi as the
lead opposite Carl Brisson in "All the
King's Horses," which Frank Tuttle
will direct. The cast includes Edward
Everett Horton, Jack Oakie, Kather-
ine DeMille and Marina Schubert.
Theatre Loans Held
Up in K. C. Section
Kansas City, Nov. 18. — Several
exhibitors in small towns in this ter-
ritory have made application for funds
to modernize their theatres under the
Federal Housing Act, but have not
been successful in obtaining financing.
In all instances, the loans have to
come through local town bankers, and
they are generally cautious about lend-
ing the money, it is said on good au-
thority. So far, exhibitors have not ap-
plied for loans through contractors or
material companies.
The Kansas City Better Housing
office at the Chamber of Commerce,
cooperating with the Federal Housing
Administration, reports no financing
applications for modernization pur-
poses have been made by theatres in
Kansas City.
Monday, November 19, 1934
MOTION PICTURE
DAILY
5
$93, 90 7, 000 N. Y. Theatres '
Take in '33, Bureau Says
(.Continued from page 1)
houses with receipts of $28,309,000 and payrolls of $7,093,000; Brooklyn
had 130 picture houses with receipts of $18,197,000 and payrolls of
$3,400,000; Bronx, 51 with receipts of $8,532,000 and payrolls of $1,461,-
000; Queens, 48 with receipts of $7,981,000 and payrolls of $1,445,000,
and Richmond, nine with receipts of $863,000 and payrolls of $196,000.
Outside of New York, the leading theatrical cities were Buffalo, 39
picture houses with receipts of $1,401,000 and payrolls of $331,000 and
eight picture and vaudeville with receipts of $1,803,000 and payrolls of
$482,000; Rochester, 23 picture houses with receipts of $1,912,000 and
payrolls of $436,000; Albany, 15 with receipts of $1,447,000 and payrolls
of $310,000, and Syracuse, 14 with receipts of $1,268,000 and payrolls of
$233,000.
Other important cities were Binghamton, 12 picture and combination
picture and vaudeville houses with receipts of $725,000 and payrolls of
$113,000; Yonkers, five picture houses with receipts of $694,000 and
payrolls of $134,000; Mt. Vernon, four with receipts of $687,000 and
payrolls of $123,000 ; Troy, nine with receipts of $618,000 and payrolls
of $150,000; Schenectady, 10 with receipts of $613,000 and payrolls of
$105,000; Utica, eight with receipts of $551,000 and payrolls of $124,000,
and Niagara Falls, five with receipts of $435,000 and payrolls of $78,000.
Loew's 1934
Profit Up to
$7,479,897
(Continued from page 1)
including theatre receipts, rentals and
sales of films and accessories, rentals
pf stores and offices and miscellaneous
income, was $96,877,672.91.
Expenses, including theatre opera-
tions, rent on leased properties, real
estate and other taxes, overhead, film
distribution, amortization, advertising
accessories and producers' share of
film rentals, were $81,792,960.30. This
left a gross operating profit before
interest, depreciation and Federal
taxes, of $15,084,712.61.
Dividends totalled $890,480.51 on
the preferred stock and $1,462,591.75
DQ the common.
Total assets are listed as $130,-
296,031.05.
Pathe 39-Week Net
Totals $78,165.13
(Continued from page 1)
a financial statement just issued by
Stuart W. Webb, president. This left
the accumulated deficit at $4,893,240.48
Lin Sept. 29.
The profit was a sharp drop from
the 1933 39-week total covering the
same period, which was $508,881, but
this figure included an extra dividend
of $441,000 received from DuPont
Film Mfg. Corp.
Webb's statement in connection
with the report sounds an optimistic
note. He say: "In the third quarter
of this year there was a material im-
provement in the amusement industry
in general, in which improvement
Pathe shared.
"A number of new contracts have
been entered into by Pathe during the
past few months — but as yet, of course,
the effect of these is only partially
reflected in the earnings.
"Profit for the third quarter of 1934,
before interest charges, but after de-
ducting all expenses, taxes, amortiza-
tion and depreciation of properties,
was $72,353, as compared with $64,-
463 in the second quarter, and $51,971
in the first quarter.
"Profit for the 39 weeks ended Sept.
29, 1934, before interest charges but
after deducting all expenses, taxes,
amortization and depreciation of pro-
perties, was $188,787."
Total assets are given as $7,086,-
789.38.
Webb says the future outlook is
encouraging and that an extraordinary
stockholders' meeting for the purpose
of reorganizing the company probably
will be held after the first of the year.
Lux Quits K. C. Board
Kansas City, Nov. 18. — Dr. Paul
Lux has resigned as impartial mem-
ber of the local grievance board, giv-
ing lack of time as the reason. Dr.
Lux is a physician. Fred Wolfson,
attorney, has been serving as alter-
nate and has been recommended to
Campi as permanent impartial man.
Cobb Back to Roach
Hollywood, Nov. 18. — Irvin Cobb
has completed his one-picture deal
.vith M-G-M and has gone back to
Roach to continue his contract there.
Rosenblatt May Get
NRAComplianceJob
(Continued from page 1)
authoritative quarters as being immi-
nent.
The assignment of Rosenblatt to a
new job is expected to result in the
promotion of Deputy Administrator
William P. Farnsworth to the position
of division administrator in charge of
amusement codes.
Rosenblatt's selection for one of the
most important positions in the NRA
is said to have resulted from his
handling of the film code, practically
the only involved agreement which is
working to the satisfaction of both
the greater part of the industry and
the government.
Living with the job from the day
he took it, Rosenblatt developed the
only vertical code secured by the Ad-
ministration, promulgating an agree-
ment which may be the model for code
mergers which the Administration is
now working on. Since adoption of
the code, also, compliance has been at
a higher level than has been secured
probably with any other pact. -
In his new job, Rosenblatt will be
responsible for getting the business
establishments of the country to give
a greater degree of co-operation than
they have heretofore offered.
While the changes could not
be confirmed at the NRA, it is ex-
pected that official announcement will
be issued early next week.
Cleveland Men Hit
Clearance Secrecy
Cleveland, Nov. 18. — Leading local
independent circuit owners, in open
meeting of the Cleveland clearance
and zoning board, challenged the right
of the board to draft a clearance and
zoning schedule for Cleveland in
executive session.
Claiming that Code Authority in-
structions state that distributors and
exhibitors shall both be present to
discuss disputed situations, exhibitors
here are of the opinion that, following
a hearing of their side of the case,
they are entitled to hear and partici-
pate in the discussion by the board.
Cleveland 10-Cent
Rate to Be Argued
(Continued from page 1)
hood houses are anxious to maintain
a 15-cent minimum, but a group of
small independent neighborhood house
owners in the poorer sections of the
city claim their patrons cannot afford
to pay more than 10 cents. They
maintain that the protection agree-
ment entered into Jan. 1, 1933, and
effective until Jan. 1, 1935, provides
that pictures may be exhibited for 10
cents 100 days after the close of the
first run, and they want to enforce
that clause. They further maintain
that major distributors would sell
them 10-cent contracts if pressure
were not exercised to maintain a 15-
cent minimum.
Among those most active in the
move for dime shows are : Sam
Barck, Market Square; Morris Israel,
Erie ; Max Kaplan, Grand Central ;
Maurice Kaplan, Arion ; Victor Wol-
cott, Temple.
There is no discussion at the pres-
ent time regarding the renewal of the
present protection agreement. Local
exhibitor attitude will depend upon the
result of the clearance and zoning
schedule now in the making.
Coast Opposes Jump
In Operator Scales
Los Angeles, Nov. 18. — A petition
against the order certifying individual
wage scales comparable to the union
wage for projectionists will be for-
warded by the I. T. O. of Southern
California to Sol A. Rosenblatt in
Washington, it was learned yesterday.
The petition was set underway at a
mass meeting of the exhibitor associa-
tion Friday. Notice of the order has
been served upon all independent ex-
hibitors by Charles H. Cunningham,
local NRA compliance chief. Many
exhibitors assert they cannot meet ad-
vanced non-union scales.
Hear Harding May Quit
Hollywood, Nov. 18. — Ann Hard-
ing is reported here to be seriously
contemplating retirement from pictures
upon the completion of her present
Radio contract.
RCA VICTO
PHOTOPHON
OFFERING YOU
• A Sound Box Office
Attraction
• Complete Ownership
• A Self-Liquidating
Investment
PHOTOPHONE DIVISION
RCA VICTOR COMPANY, I
Camden, N. J.
A Radio Corporation of America Subsidies
MOTION PICTURE
DAILY
MOTION PICTURE DAILY*
HOLLYWOOD PREVIEW
"Romance in Manhattan"
{Radio)
Hollywood, Nov. 18. — Here is a romantic comedy drama designed
for any type audience in city, town or hamlet. In plot and theme it
resembles "7th Heaven," but is confined to New York for locale where
the actions and situations revolve around two present day, youthful
lovers caught in the maelstrom of compromising circumstances common
to many people of moderate means in any metropolitan city.
The simplicity with which the story is unfolded will arouse sympathy
and provoke laughs for and from the characters who unrestrainedly
express the emotions and moods as though living their parts. Near-
What the Symbols Mean
Reviews classified with a "G" are regarded as suitable for
general entertainment.
Those with an "A" are regarded as suitable for adult enter-
tainment.
poverty, although not as accentuated as in "7th Heaven," is made
beautiful by the thoughts and actions of those involved.
The story concerns Francis Lederer, visioning a paradise in America,
migrating here to find himself deported through lack of friends and
insufficient capital to enter the country. Determining to stay forces his
escape from the returning ship. With his two feet on Broadway and
penniless, he is befriended by Ginger Rogers, a showgirl who acts as a
mother to her younger brother. All three become pals, withstanding
many natural obstacles thrust upon them by welfare workers and the
law seeking conviction of Lederer for illegal entry into the country, but
all develops into a humorous climax at the police court where Lederer
and Miss' Rogers are married, thus saving the younger brother, Jimmy
Butler, from an orphan asylum.
Steven Roberts delivers a commendable piece of direction from an
original by Norman Krasna and Don Hartman with Jane Murfin and
Edward Kaufman on the treatment. The three principals are well
supported by the balance of the cast. The photography is excellent. Pre-
viewed without code seal. Running time, 80 minutes. Classification: "G."
6
Agreement on
Eight of Para.
Directors Set
(Continued from page 1)
& Co., Johnston is president of
Chemical National Bank and Davison
is chairman of the board of Central
Hanover Bank & Trust Co.
There is a possibility that one addi-
tional candidate will be proposed for
the initial membership of the board.
The full membership of either 12 or
14, the maximum number not yet
decided, will leave four or five vacan-
cies to be filled at some future date
as time and circumstance dictate.
The by-laws of the new Paramoun'
company will stipulate that one-fourth
of the board will be elected annually
for terms of four years. The new
board will be designated in the Kuhn,
Loeb plan of reorganization and will
present that plan to the court for
public hearing early in December, ac-
cording to present indications. Inas-
much as the board itself will be a part
of the plan, ratification of its initial
membership by the court will be neces-
sary. Six of the initial eight candi-
dates were designated as such by
Motion Picture Daily on Oct. 10.
The board will designate from
among its membership a finance com-
mittee which will be empowered to
authorize the issuance by the new
company of any securities in addition
to those designated in the plan; its
consent will be necessary for the mak-
ing of any capital expenditure in ex-
cess of $500,000, to the making _ of
any employment contract involving
more than $100,000, to the making of
any loans or financing of production
in excess of $100,000 and to the sale
of any property or business of a
subsidiary.
Change May Be Effected
Although all of the major claims
against Paramount Publix, the settle-
ment of which were essential to com-
pletion of the plan, were disposed of
with the recent agreement on the
Erpi claim, there are other major
phases of it which may undergo
changes prior to submission of the
plan. Among these are the subscrip-
tion rights of stockholders to new
shares which, at present, embrace a
$2 assessment. Likewise, some special
provision remains to be made for
Paramount employes who purchased
the company's stock at approximately
$50 per share. These considerations
may delay submission of the plan so
that, providing for public hearings and
time for court consideration of it, the
plan could not become effective much
before Feb. 1 at the earliest.
According to present indications, the
underwriting of the plan will be under-
taken by a syndicate, rather than a
single financial house.
The final plan of reorganization for
Paramount Broadway Corp., holding
company for the Paramount Bldg. and
theatre, is scheduled for a hearing be-
fore Special Master John E. Joyce
today, although it is regarded as likely
that it will be postponed in view of the
fact that the Broadway plan has
cleared the creditor groups and has
been made a part of the Paramount
reorganization plan.
The Broadway plan provides for is-
suance of new bonds in place of the
$8,875,000 principal amount of old
bonds outstanding. They will be the
obligation of the new Broadway com-
pany and will continue to be secured
by the Paramount Bldg. The new is-
sue will be entitled to 3 per cent in-
terest and to additional interest of 2y2
per cent annually out of income re-
maining after provisions for the sink-
ing fund, up until one-half of the is-
sue has been retired. Thereafter, in-
terest will be Sx/2 per cent. A sinking
fund for the new bonds will be pay-
able out of income of the new com-
pany.
New leases on both the Paramount
Theatre and office space are incorpo-
rated in the plan. Rental for the the-
atre is on a graduated percentage scale
beginning at 15 per cent of gross re-
ceipts up to $1,750,000, with a maxi-
mum of 25 per cent of receipts over
$3,250,000 annually. Office rental will
be $188,147 annually for the first 10
years.
Erpi Para. Claim
Set at $1,200,000
(Continued from page 1)
a new Erpi domestic recording license
agreement at a reduced rate, effective
Dec. 1.
The agreement cleared the Para-
mount creditor groups which are co-
operating with Kuhn, Loeb on the
paramount reorganization plan last
Friday. As a result, it will be incor-
porated in that plan of reorganization
and the $1,200,000 claim adjustment
undoubtedly will be satisfied by the
preferred stock in the new company,
although the agreement is still too
recent to have been incorporated in
the plan.
However, the general treatment
proposed in the plan for claims of
this kind provides that for each $1,000,
plus allowable interest to Jan. 1, 1935,
claimants shall receive $500 principal
amount of new 20-year six per cent
sinking fund debentures and five
shares of new $6 first preferred stock.
Says Para, Reel to
Use "Straight News"
The future policy for Paramount
Newsreel, according to Emanuel
Cohen, its editor, will be a "straight
all-news" one.
In a statement issued over the week-
end, Cohen said: "Paramount News is
designed only to serve as a news me-
dium. It wants news — not propaganda
or commentary."
The statement continued: "Para-
mount is not interested in blending its
feature and short production depart-
ments with its newsreel."
Wants National Theatre
Washington, Nov. 18. — Herman
Gantvoort, New York legitimate pro-
ducer, has placed before the Govern-
ment a proposal to set up a national
theatre to be financed by $1,000,000 in
Federal funds.
Monday, November 19, I93<
< Purely
Personal ►
MERLE OBERON, who arrive?
here tomorrow on the Paris, will
probably make personal appearance s
with her picture, "Broken Melody, "
when it plays Broadway.
Joseph and Mrs. Mankiewicz are
en route here from the coast on the
Santa Elena to spend the holidays
with Mrs. Mankiewicz's family. She
is the former Elizabeth Young.
George J. Schaefer and Edward
Golden get back from Kansas City
today. W. Ray Johnston and Tyree
Dillard, Jr., will be on the same train.
Joe Penner will make a personal
appearance with "College Rhythm" at
the Chicago Theatre, Chicago, start-
ing Friday.
Boris Thomashefsky has been
signed by Jack Stillman, of Sov-
Am Film Corp., for a Yiddish picture,
"Bar Mitzvah."
Paula Gould's novel, "Love Is a
Madness," will be published in Janu-
ary. It's the inside of the publicity
business.
Antoinette Cellier, M-G-M con-
tract player, is in town rehearsing for
a role in the stage play, "Sixteen."
Bertram Millhauser has sold an
original, "Terror by Midnight," to
Paramount.
Ethel Merman has been signed by
Samuel Goldwyn for a role in Eddie
Cantor's next musical.
Ben Hecht and Rose Caylor have
sold their play, "Man Eating Tiger,"
to Fox.
Division Administrator Sol A.
Rosenblatt will be in town Thursday
to attend the Campi session.
Clarence Brown and his wife,
Alice Joyce, flew to the coast Sat-
urday.
Sidney Samuelson is in Baltimore
to attend the eastern Allied regional
meeting today.
George T. Pabdy is doing special
press work for G-B's "The Iron
Duke."
Morris Kinzler has quit smoking.
Ditto for Sam Shane.
Mark Ostrer will be back again
after the first of the year.
FWC Sale Up Today
For O.K. of McNabb
(Continued from page 1)
but this is a technical point. Signa-
tures are expected to be affixed within
the next week or 10 days.
Spyros, executive vice-president of
National in charge of operations,
plans to come here some time next
month. Charles is executive vice-
president of Fox West Coast Theatres
Corp., new operating company to re-
place Fox West Coast Theatres. S.
R. Kent heads both companies and W.
C. Michel is a vice-president of both.
Contracts to be signed by the
Skourases will supersede those held
by them now and which are reported
have until 1937 to run.
From all appearances, the rehabili-
tated circuit will be functioning in
complete reorganized state on Jan. 1.
HARRY E. HUFFMAN
Operates
8 theatres,
spends upward
of $200,000
annually for film.
He reads
MOTION PICTURE
DAILY
The
Industry
Buying
Power
MOTION
PICTURE
Reads
DAILY
rfllllllHi^
"ES.U.S.PAT.OFF.
Du Pont Film Manufacturing Corporation
35 WEST 45™ STREET
NEW YORK CITY
PLANT • • . PARLIN, N. J.
SMITH & ALLER LTD.
6656 -SANTA MONICA BLVD
HOLLYWOOD, CAL.
THE <5ffSEE> TRADE MARK HAS NEVER BEEN PLACED ON AN INFERIOR PRODUCT
The Leading
Picture
Industry
MOTION PICTURE
DAILY
Alert,
Intelligent
the In
in All
Branches
VOL. 36. NO. 120
NEW YORK, TUESDAY, NOVEMBER 20, 1934
TEN CENTS
Court Permits
Leasing Deal
On Music Hall
formal Move Sanctions
Start from Sept. 1
The new lease agreement on the
lusic Hall, under which Rockefeller
ienter has an initial rent participation
f $700,000 from the new leasing com-
any to be owned by Rockefeller Cen-
:r and RCA, has been approved by
ederal Judge William Bondy.
No public hearing on the new lease
greement was necessary, prior to the
□urt's action, as RKO, the only com-
any involved which is under the
jrisdiction of the court, has no par-
cipation in the new leasing and oper-
ting corporation so none of its assets
re involved, nor will RKO have any
bligation even in the event of Music
lall losses. The new leasing company
nil be known as the Radio City
(Continued on page 4) •
louse Committee to
Take Up Tax Dec. 3
Washington, Nov. 19. — The spe-
ial committee on internal revenue
ixation of the House Ways and
leans Committee will meet begin-
ing Dec. 3 to consider the tax ques-
on.
The first studies of the committee
re expected to cover the adminis-
"ative provisions of the present law,
blowing which any new levies which
light be desired by the President will
e considered.
President Roosevelt thus far has
iven no indication of what he may
(Continued on page 4)
Veshner Gets First
Runs Only in Phila.
David E. ("Skip") Weshner will
ike charge of Warner first runs in
'hiladelphia, not the entire zone, de-
iared Joseph Bernhard, general man-
ger of the circuit, yesterday. His
:atement came by way of denial of
le story published in Motion Pic-
ure Daily on Saturday in which
(Continued on page 9)
Ihio Sales Tax Up
Again in Assembly
Columbus, Nov. 19. — With the pro-
3gued session of the General Assem-
ly going into its initial session to-
ight, legislative observers predict that
le sales tax, defeated six times during
le past 18 months, will be enacted as
(Continued on page 4)
Rosenblatt Officially Named
Compliance Director for NRA
Washington, Nov. 19. — Advancement of Division Administrator
Sol A. Rosenblatt to be director of compliance of the NRA was
officially confirmed today by S. Clay Williams,
chairman of the National Industrial Recov-
ery Board.
Under official orders issued late today Ro-
senblatt will continue as division administra-
tor in charge of amusements. Deputy Ad-
ministrator William P. Farnsworth will con-
tinue as his assistant, it was announced.
Rosenblatt's new position will place him in
charge of compliance work throughout the
entire country. A staff of some 1,500 per-
sons is engaged in this work.
Rosenblatt will also be the man in closest
touch with the Department of Justice and
the Federal Trade Commission, which two
agencies will have charge of all formal pro-
ceedings against those who fail to comply
with code requirements under the NRA.
Sol A. Rosenblatt
Para. Claims
Set; Hearing
Off to Dec. 3
With settlements of the Paramount-
Broadway, Allied Owners and Para-
mount creditor banks' claims against
Paramount Publix agreed on by both
trustees and creditor groups and made
a part of the pending Paramount re-
organization plan, adjournments of
hearings on all three were taken yes-
terday when called before Special
Master John E. Joyce.
The Allied Owners' claim of $23,-
000,000 will be settled by the issuance
to the company by reorganized Para-
mount of $2,500,000 of new debentures,
25,000 shares of new $6 first preferred
stock, $150,000 in cash, purchase by
Paramount of the Alabama Theatre,
Birmingham, for $1,000,000, leasing of
the Brooklyn Paramount for 20 years
at $100,000 annually, leasing of the
Paramount, Glens Falls, N. Y., for
20 years at $12,000 annually, and of
the Paramount, Fremont, O., for 20
years at $15,000. The hearing before
Joyce went over to Dec. 3, pending
(Continued on page 12)
Say Hamm, Brewer,
Dominates Circuit
Minneapolis, Nov. 19. — Reports
here are to the effect that William
Hamm, Jr., wealthy brewer, is heavily
interested in the Minnesota Amuse-
ment Co., organized to replace the
(Continued on page 12)
Code Bills Go
Out Under New
Payment Plan
The work of billing producers and
distributors for code assessments for
1934 under the schedule recently
adopted by NRA, and which is ex-
pected to produce about $85,000 from
these two industry branches, was be-
gun yesterday by Campi with the
mailing of 200 assessment certifications
to as many producer and distributor
code assentors.
At the same time, invoices for sec-
ond half assessment went out to 9,000
exhibitor code signatories. Exhibitors
had paid a total of $83,500 for first
half assessments up to Oct. 31. Ap-
proximately $90,000 is expected from
this sources for the second half.
The assessment certifications to pro-
ducers and distributors require each
company to designate the assessment
classification to which it belongs on
the basis of gross receipts for 1933.
When the classifications have thus
been made and checked, the first as-
sessment invoices will be mailed to
(Continued on page 12)
Death Halts Action
On K. C. Clearance
Kansas City, Nov. 19. — Action on
the revised clearance plan discussed
with the local board late last week by
a Campi delegation consisting of
George J. Schaefer, Edward Golden
(Continued on page 12)
Court Gives
Approval of
F. W. C. Sale
Suing Objectors Brushed
Aside by Court
Los Angeles, Nov. 19. — Sale of
Fox West Coast Theatres to National
Theatre Co., organized with the back-
ing of Fox Film and Chase National
Bank, was authorized today by Judge
Earl E. Moss. Ten days were granted
for appeals before a final decision is
signed.
The hearing on the sale was pre-
sided over by Judge Moss. Referee
S. W. McNabb was absent. Pro-
tests were filed by a legal battery rep-
resenting the Marshall Square The-
atre Co. and Harry L. Hartman, op-
erators of the Orpheum Theatres, San
Francisco and San Diego, respective-
ly. Judge Moss decided the protests
were based on flimsy grounds.
The protestants have filed an anti -
trust suit against the F. W. C. trus-
tees under the Sherman and Clayton
(Continued on page 4)
Monogram May Tip
Next List to 52
Expectations of increasing Mono-
gram's 1935-36 production schedule to
52 pictures were voiced yesterday by
W. Ray Johnston, president, on his
return from studio conferences with
Trem Carr, production head, and vis-
its with branch managers en route.
Proposals for the increased schedule
will be submitted to Monogram's next
annual convention, to be held in Holly-
wood in April, Johnston said. If ap-
proved, the schedule of 52 would in-
clude two sets of westerns of eight
pictures each. The company's current
(Continued on page 12)
Poster Men Renewing
Talk About Printing
Again the poster service renters are
talking about printing their own
posters. The talk was prevalent
about six months ago when distribu-
tors attempted to ban the renters from
(Continued on page 4)
ITOA Names Six to
Study Organization
With Leon Rosenblatt as chairman,
the I. T. O. A. has appointed a na-
tional organization committee of six
to study national conditions. The
committee will also look into Allied's
(Continued on page 4)
MOTION PICTURE
DAILY
Tuesday, November 20, 1934
MOTION PICTURE
DAILY
(Registered U. S. Patent Office)
Vol. 36
November 20, 1934
No. 120
Martin Quigley
Editor-in-Chief and Publisher
MAURICE KANN
Editor
JAMES A. CRON
Advertising Manager
Published daily except Sunday and holi-
days by Motion Picture Daily, Inc., sub
sidiary of Quigley Publications, Inc.,
Martin Quigley, President; Colvin Brown,
Vice-President and Treasurer.
Publication Office: 1790 Broadway, New
York. Telephone Circle 7-3100. Cable ad-
dress "Quigpubco, New York." All con-
tents copyrighted 1934 by Motion Picture
Daily, Inc. Address all correspondence to
the New York Office. Other Quigley pub-
lications: MOTION PICTURE HERALD,
BETTER THEATRES, THE MOTION
PICTURE ALMANAC and THE CHI-
CAGOAN.
Hollywood Bureau: Postal Union Life
Building, Vine and Yucca Streets, Victor
M. Shapiro, Manager; Chicago Bureau: 407
South Dearborn Street, Edwin S. Clif-
ford, Manager; London Bureau: Remo
House, 310 Regent St., London, W. 1,
Bruce Allan, Representative. Cable address:
"Quigpubco, London"; Berlin Bureau:
Berlin - Tempelhof , Kaiserin - Augustastrasse
28, Joachim K. Rutenberg, Representative;
Paris Bureau: 19, Rue de la Cour-des-
Noues, Pierre Autre, Representative; Rome
Bureau: Viale Gorizia, Vittorio Malpassuti,
Representative; Sydney Bureau: 102 Sus-
sex Street, Cliff Holt, Representative; Mex-
ico City Bureau: Apartado 269, James
Lockhart, Representative; Glasgow Bureau:
86 Dundrennan Road, G. Holmes, Repre-
sentative; Budapest Bureau: 3, Kaplar-u.
Budapest, II, Endre Hevesi, Representa-
tive; Moscow Bureau: Civtzev Vrazhek,
N. 25, Apart. 146, Moscow, U. S. S. R.,
Bella Kashin, Representative. Cable ad-
dress: "Samrod, Moscow."
Entered as second class matter, January
4, 1926, at the Post Office at New York
City, N. Y., under Act of March 3, 1879.
Subscription rates per year: $6 in the
Americas, except Canada $15 and foreign
$12. Single copies: 10 cents.
Legion Extends Film
Campaign to Canada
Toronto, Nov. 19. — The Legion of
Decency has extended its activities to
Canada, it was revealed today when
an appeal was made to members of
all religious groups to join a Domin-
ion-wide boycott against objectionable
films. Support for the movement was
urged yesterday by Father W. D.
Muckle of St. Michael's Cathedral
here.
Due from Europe Today
Joseph M. Schenck and George Ar-
liss arrive from Europe on the Ma-
jestic today.
Merle Oberon, Lili Damita and Na-
tacha Paley are passengers aboard the
Paris.
Al Lichtman returned from Florida
yesterday and is expected to be down
at the pier greeting Schenck today.
Willard Mack Passes
Hollywood, Nov. 19. — Willard
Mack, author, actor and director, died
suddenly last night of a heart attack
at his home. He had been ill two
weeks.
Mack is survived bv his fourth wife.
Carl Crawford Dies
Boston, Nov. 19. — Carl Crawford,
manager of the First Division ex-
change, died suddenly late this after-
noon.
No Middle Level on
Grosses — Hamrick
U. S. Interests in
Dicker with Mexico
"Box-office grosses have no more
middle levels," states John Hamrick,
operator of 12 theatres in the midwest.
He adds that pictures either "hit the
top or bottom figures and there are no
in-betweens."
"This condition seems to prevail all
over the country," Hamrick declares.
"At one time the exhibitor could get
bv when intakes figured at the middle
level, but this is not the case any
more."
Conditions are a shade better today
than last year, the western showman
holds. A pretty good sized picture will
wake up the public, he asserts, while
the poor ones just don't make the
grade. He points to "The Gay Di-
vorcee," which is running four weeks
in Seattle and three in Portland, both
Hamrick houses. "The Count of
Monte Cristo" ran four weeks in one
of his Seattle theatres, he says. These
are the kind of pictures that get the
money, he adds.
Hamrick operates four theatres in
Seattle, five in Portland and three in
Tacoma. He has just completed re-
modeling the Blue Mouse, Tacoma,
which reopened last Thursday night
with "The Gay Divorcee." A few
weeks ago he added the Orpheums in
Seattle and Portland to the circuit.
Accompanying Hamrick and his
wife are B. F. Shearer and his wife.
All four plan to leave Thursday for
Seattle. Shearer is in the equipment
business and recently attended a con-
vention of supply dealers in New
York. Hamrick is here on film deals.
20th Century to Do
10 of 22 from U. A.
Of the 22 pictures to be distributed
by United Artists this season, 20th
Century will produce 10, London
Films, 4; Reliance, 2; British & Do-
minion, 2 ; Samuel Goldwyn, 3 ; King
Vidor, 1.
The Vidor picture already has been
released. It's "Our Daily Bread."
Goldwyn's trio will consist of two
Anna Sten and one Eddie Cantor ve-
hicles. Douglas Fairbanks in "The
Private Life of Don Juan" is one of
the quartet from London Films.
Charles Chaplin and Mary Pickford
in all probability will be absent from
this season's program.
By JAMES LOCKHART
Mexico City, Nov. 19. — The possi-
bility of another American film enter-
prise establishing a studio and pro-
ducing in Mexico is seen in the report
of the Chamber of Commerce of Tor-
reon, a large town in Coahuila, cen-
tral Mexico, to the Ministry of
Foreign Relations that it is gathering
information requested by American &
Latin Prod, of Hollywood regarding
facilities the town and the state will
grant it to do business there.
The chamber has asked the Coa-
huila government to grant the picture
company a liberal concession and to
assist it in its work. The chamber
expects that A. & L. will start build-
ing a studio by Christmas. It is
understood that the company will
make Spanish language pictures and
use Mexican players.
A building in Tiajuana has been
leased as a studio by Los Angeles
interests headed by Robert Tarpan,
former Mack Sennett production man-
ager, for making Spanish talkies.
"U" Rejects Offers;
To Make 'Show Boat'
Hollywood, Nov. 19. — Universal is
understood to have repeatedly re-
jected offers from other studios for
the rights to "The Show Boat." Ac-
cording to the studio, it has received
two offers of $150,000 each for the
talking rights and two others of
$100,000 each.
Determined to produce the show,
Universal has signed Zoe Akins to
adapt the story and will start the
picture early in January.
"U" Casts Roger Pryor
Hollywood, Nov. 19. — Roger Pryor
gets the male lead opposite Margaret
Sullavan in her next Universal pic-
ture, "Next Time We Live," the story
by Ursula Parrott.
Para. Gets Helen Jepson
Hollywood, Nov. 19. — Paramount
has signed Helen Jepson, radio sing-
er and Metropolitan Opera soprano.
Her film work will be in addition to
her Metropolitan contract and her
radio series with Paul Whiteman.
Eastman Pfd. Jumps Three on Big Board
High Low Close
Columbia Picture's, vtc 37J4 37 37
Consolidated Film Industries 3$i 354 3$4
Consolidated Film Industries, pfd 17% 17 1754
Eastman Kodak 10914 10934 10914
Eastman Kodak, pfd 138 135 138
Fox Film "A" 13*4 1354 13%
Loew's, Inc 33% 33 33%
Paramount Publix 454 3% 3%
Pathe Exchange 154 1% 1%
Pa the Exchange "A" 1654 1554 ISM
RKO 2 l^g m
Warner Bros 5 4*4 444
Net
Change
+ 54
+3
- %
+ %
Sales
300
500
1,900
200
5.000
1.700
15.200
6.100
1.300
4.300
4.300
8,600
Technicolor Trading Light on Curb
Technicolor
Net
High Low Close Change Sales
. 12%, 1254 1254 400
Warner Bonds Gain a Half
High Low Close
General Theatre Equipment 6s '40 834 854 854
General Theatre Equipment 6s '40. ctf 854 8 854
Keith. B. F. 6s '46 6454 6454 6454
Loew's 6s '41. ww deb rights 104 10334 104
Paramount Broadway 554s '51 4154 4154 4154
Paramount F. L. 6s '47 58 57 57
Paramount Publix 554s '50 585^ 5834 5854
Warner Bros. 6s '39, wd 5954 5854 5954
Net
Change
+ %
+ Si
+ 54
+ 54
- 54
+154
+ 54
Sales
5
9
4
19
1
12
4
30
< Purely
Personal ►
L7 AY YV'RAY arrives in town today
* and sails tomorrow on the Wash-
ington for London to make one picture
for Gaumont British.
Omar Kiam, fashion designer, ar-
rived in town over the week-end and
will fly back to the coast late this
week.
Sylvia Froos started work yester-
day in her second comedy of a series
for Educational.
Ketti Gallian saw "Marie Ga-
lante" at the Mayfair last night with
a party of friends.
George O'Brien and Mrs. O'Brien,
Marguerite Churchill, arrive today
from London on the Paris.
Lanny Ross will be guest artist on
the "Radio City Party" radio pro-
gram Saturday night.
Bex Bernie returns to the coast to-
day to resume work at Paramount.
Bessie Bacox has sold her original
story, "Lucky Me," to Warners.
English Not Strong
On Stars — Edington
English producers are not star-
minded in the opinion of Harry Ed-
ington, Hollywood agent, who has
just returned from a vacation abroad.
"British producers don't go in for
the star system as we do," he said.
"Theatre owners, however, like to
build up their old favorites like Stan-
ley Lupino and others."
Optimistic over show business
abroad, Edington asserts that everyone
is spending money in England and the
theatres are doing a terrific business.
As a matter of fact, he tried to get
tickets for "Streamline," the new
Charles B. Cochrane legitimate show
and could not see it because none was
available for two weeks. For other
shows he had to wait several days for
reservations.
"Everyone seems to be in a spending
mood and optimistic abroad," he added.
Edington denied he went abroad to
discuss a deal with an English pro-
ducer for Garbo. He said she is under
contract to M-G-M and for the time
being she will continue with the com-
pany. Edington and his wife, Barbara Iff
Kent, leave for Hollywood tomorrow
or Thursday. Meanwhile they will
take in a number of new shows.
Daughter to Downeys
A daughter was born to the Morton
Downeys on Sunday at the Harbor
Hospital. The baby will be christened
Lorelle Ann and both she and her
mother, the former Barbara Bennett,
are reported doing nicely.
Mrs. Barnett Very III
Hollywood, Nov. 19. — Mrs. Yince
Barnett, wife of the comedian, was re-
ported "holding her own" after a
major operation over the week-end.
Her condition, however, is considered
serious.
Warners Get Englishman
Hollywood, Nov. 19. — Warners
have signed Errol Flynn, English
stage star, to a long termer. The
actor is expected at the studios short-
ly after the first of the year.
WANNA BUY A DUCK?
■■■■■^■■■■■■■■■■■■■■■■■■■■Ki'v. „ §. 1.
Four little words that have made a lot of bucks for the "quack" salesman. No
wonder Joe is simply gaga over Goo-goo . . . and no wonder a million fans are
gaga over both of 'em. Joe and his uncontrollable, flat-footed sweetheart are now
getting the laughs— and the romancing of the singing and prancing dames— in
COLLEGE RHYTHM
JOE PENNER • LANNY ROSS • JACK OAKIE • HELEN MACK
LYDA ROBERTI • MARY BRIAN-GEORGE BARBIER .mUheAii Americcus
A Paramount Picture directed by Norman Taurog with plenty of words and lots of music by Gordon & Revel
MOTION PICTURE
DAILY
Tueiday, November 20, 1934
Court Permits
Leasing Deal
On Music Hall
{Continued from page 1)
Music Hall Corp. and its stock will
be subscribed for by Rockefeller Cen-
ter and RCA to provide working capi-
tal.
The agreement is retroactive to Sept.
1. It provides for a first payment out
of income of $26,000 per year to RKO
and RCA jointly; then for Rockefeller
Center's initial rent participation of
$700,000; next, a second joint pay-
ment to RKO and RCA of $24,000,
to be applied to retirement of RCA's
advances for working capital for the
Music Hall last year. Thereafter, ad-
ditional provisions are made for par-
ticipation in earnings beyond those
amounts for all three companies.
RKO's interest will be largely through
RKO Service Corp., which will handle
purchasing, insurance and other mat-
ters.
Court Allows Appeal
For Fox Met Quiz
The U. S. Circuit Court of Appeals
has granted Archibald Palmer, attor-
ney for bondholders in Fox Metro-
politan Playhouses, leave to appeal
from an order of Federal Judge Ju-
lian W. Mack denying his motion for
an examination of officers of the cir-
cuit's bondholders' committee.
Palmer contends the committee is
dominated by allied financial interests
and seeks to examine the officers to
determine their affiliation and inter-
ests, he said. The court will hear his
appeal Dec. 3.
Poster Men Renewing
Talk About Printing
(Continued from page 1)
buying posters and stills for rental
purposes.
The poster service men contend dis-
tributors are again in a move to stop
accessories which might fall into the
hands of renters. To ward off the
possibility of being completely shut
off from getting accessories and subse-
quently put out of business, the poster
men are taking precautions to avoid
such an alleged freezeout.
/ TO A Names Six to
Study Organization
(Continued from page 1)
affairs with a view to affiliating. _ In
addition to Rosenblatt, the committee
comprises Hyman Rachmil, Louis
Nelson, Dr. Leon Greenfield, Al
Cooper and Louis Schiffman.
A report on the Allied situation will
be made by the committee for next
Wednesday's meeting.
Picquet to Withdraw
From His MPTO Post
Charlotte, N. C, Nov. 19. —
Charles W. Picquet, for 10 years pres-
ident of the M. P. T. O. of North
and South Carolina, Inc., plans to
retire from that post this year. The
organization will hold its annual meet-
ing here Dec. 9-10.
Looking 'Em Over
"Imitation of Life"
( Universal)
Universal has a grand woman's picture here and one that looks like
a winner.
Based on a yarn by Fannie Hurst, "Imitation of Life" tells the life
story of two women, both mothers, one white and the other black. At
the outset, this sounds like troublesome dramatic material. In hands
other than John M. Stahl's, it might have been, but so skillfully, so
sympathetically and so adroitly does he develop his characterizations
that there is never any real issue confronting the results.
Claudette Colbert, widowed and with a baby on her hands, endeavors
to maintain her husband's business of selling maple syrup. Into her life
one day walks Louise Beaver, colored cook and mammy, willing to work
for a roof and a room for herself and daughter. Never departing from
the relationship, strictly maintained, of mistress and maid, Stahl takes
both women through their lives.
He shows how Ned Sparks, wandering knight of the road, gives Miss
Colbert the idea of marketing the pancake flour for which Louise holds
the secret ; the germ of that idea makes both of them wealthy ; how Miss
Colbert's daughter, white and sheltered, reaps the advantages denied
Louise's girl and how, in their respective stations and in their indi-
vidual social classes, the maternal instinct always dominates.
Miss Beaver's daughter, played effectively by Fredi Washington, seeks
to hurdle the color line and, of course, meets with failure, but not before
her defection results in her mother's death. Other threads of this inter-
esting and extremely well-done story bring romance into the life of
Miss Colbert via Warren William and a conflicting love thread involv-
ing her daughter with the same man. Implied tying of the knot between
Miss Colbert and William concludes the picture.
Stahl's firm directorial hand is evident throughout. He exacted from
his leads very competent performances. His method of drawing on the
maternal instincts of the two women is telling as well as convincing.
The patrician Miss Colbert does a fine job, but the story construction, in
some sequences, results in virtually taking the picture away from her and
landing it in Miss Beaver's lap.
Production values are good, as is photography by Merritt Gerstad.
Production Code Seal No. 412. Running time, 110 minutes. "G."
KANN
Waltz Time in Vienna
(Ufa)
Very much worthwhile. The music is gay, varied, and beautifully
played. The story is sprightly, the settings on a scale that gives the film
plenty of production value.
The story, being about the rivalry of two musicians, Joseph Lanner
and Johann Strauss, furnishes a plausible background for the musical in-
terpolations. Strauss, played by Adolph Wohlbrueck, is first violinist in
an orchestra conducted by Lanner, played by Paul Hoerbiger. The
drummer, Willy Fritsch, is in love with Lanner's daughter, Renate
Miller.
Strauss is in the habit of writing 'Lanner's compositions on handker-
chiefs, cuffs, or shirtsleeves. They are in the midst of a composition
when Queen Victoria's court ballet master arrives with a dancer to
learn the Viennese waltz. She hopes it will encourage the Prince of
Saxe-Coburg Gotha to propose.
Strauss quits in a huff. While he is playing in a rival cafe he is en-
gaged to go to England. He is kidnapped in England by Lanner's daugh-
ter. The drummer substitutes for him as leader at court and plays one
of Lanner's waltzes. Back in Vienna the story ends in court with Lan-
ner suing Strauss. The trial ends with the two composing a new march.
It has plenty of love interest to go with the music and some good
looking girls to make its appeal general.
Viewed without production code seal at the 55th St. Playhouse. Run-
ning time, 75 minutes. "G."
"Madame B ovary"
(John S. Tapemoux)
This adaptation of "Madame Bovary," produced in France by Nou-
velle Societe de Films, does justice to Gustave Flaubert's masterpiece.
Intense, sincere, moving, it is entertainment that intelligent minds should
go for. Even without a command of French or without the aid of the
English superimposed titles, the film would not be difficult to understand,
thanks to the simplicity with which the story is told.
Perhaps the most impressive thing about the picture is its amazing
(Continued on page 9)
Court Gives
Approval of
F. W. C. Sale
(Continued from page 1)
acts, claiming F. W. C. has con-
spired against them in getting first
runs. Though they are not adjudi-
cated claimants and not direct credi-
tors of F. W. C, they feel the sale
cannot not be completed until their
claims for damages have been settled,
as a judgment would take priority
over general creditors.
Damages sought total $1,500,000 on
the San Francisco house and $2,225,-
000 on the San Diego house. They
say they intend to appeal to the
U. S. Circuit Court of Appeals.
Judge Moss said that after many
months of litigation the records of the
trustees will prove they have not acted
improperly. He expressed the opinion
their work had been remarkably well
done, in that they have pulled the or-
ganization up to the point where it can
be sold to the satisfaction of all credi-
tors.
Charles Skouras left on the Chief
tonight for New York.
Ohio Sales Tax Up
Again in Assembly
(Continued from page 1)
a final gesture of the present admin-
istration. Sixty-eight House and 17
Senate votes are necessary.
Governor White, to whom Gover-
nor-elect Davey has pledged support
to obtain approval of the measure by
the retiring solons, tomorrow will rec-
ommend a bracket tax, with exemp-
tions on sales of less than 10 cents ; a
one-cent tax from 10 to 40 cents ; two
cents from 40 to 70 cents, and three
per cent from 70 cents to $1, with the
lower bracket applications on frac-
tional amounts over $1. An increase
of one per cent in the utility excise
tax, a personal earned income tax and
reenactment of the liquid fuel impost
will be urged.
Alternatively, the Governor's mes-
sage will carry recommendation for
repeal of that part of the nuisance tax
which includes admissions, soft drinks
and cosmetics. The impost on cigar-
ettes and liquor will remain.
House Committee to
Take Up Tax Dec. 3
(Continued from page 1)
have in mind with respect to taxes.
A number of the temporary levies,
however, expire on Jan. 1, and it
is anticipated the Administration will
have a tax program for submission
at ' the opening of Congress to make
up the revenue which will be thus
lost.
Fox Holds Miss Allwyn
Hollywood, Nov. 19. — Fox have re-
newed an option on the contract of
Astrid Allwyn. The actress' next as-
signment will be in "One More
Spring."
Sign Parker, Campbell
Hollywood, Nov. 19. — D o r o t h y
Parker and her husband Allan Camp-
bell, who have just wound up work on
"Sailor Beware," have both been
handed new contracts with options.
CONTROL CORPORATION
OF AMERICA
ANNOUNCES:
A contract for the air-conditioning with Chrysler
equipment and the heating and ventilation of Charles
Segall's new 1000-seat Bromley Theatre, Philadelphia,
has been signed by F. B. Warren's Control Corpora-
tion of America. Installation begins at once, concur-
rently with the erection of this handsome structure.
The Chrysler conditioning equipment is automatic in
operation, maintaining economically the year around,
ideal temperatures and regulated humidity so neces-
sary for the comfort and enjoyment of patrons.
Mr. Segall, president of the Eastern Pennsylvania
M. P. T. 0. A. and one of the earliest participants in
the development of the original Stanley Company of
America, has dealt with F. B. Warren for twenty-five
years, as did all of the Stanley founders then, and
all of the survivors now. This contract represents a
mature business choice, but we are glad to read into
it a note of sentiment, as well.
The design and plans of the Bromley are by Thal-
heimer & Weitz, R. A., of Philadelphia and the
construction by United Building Construction Corpo-
ration, Nicholas J. Brandolini, president; Control's
planning and engineering by Andre Merle.
We invite theatre owners contemplating air-condi-
tioning in all its phases to send us blueprints of their
theatres for computation and estimates.
ontrol
CORPORATION OF AMERICA
250 West 57th Street
New York City
TELEPHONE Circle 7-0077
Authorized by AIRTEMP INCORPORATED, World Distributors of Air Conditioning Products of Chrysler Motors
8
MOTION PICTURE
DAILY
Tuesday, November 20, 1934
"One Night"
Is Cleveland
Wow, $13,500
Cleveland, Nov. 19. — "One Night
of Love" at the Hippodrome was the
smash hit of the week. It built up
from $200 to $400 daily, closing with
a $13,500 gross as against a $6,000
house average. It was held. The
50,000 attendance at the Navy-Notre
Dame football game cramped the
opening, but the picture got into its
stride on Sunday.
"Mrs. Wiggs," aided by Ted Lewis
and his stage show, grossed around
$20,000 at Loew's State. "The Merry
Widow" had a swell hold-over at the
Stillman at advanced prices, following
the State engagement. Weather was
clear. Football and bike races were
the heaviest competition.
Total gross was $54,800. Average,
with two stage shows, is $49,000.
Estimated takings for the week
ending Nov. 16 :
"KENTUCKY KERNELS" (Radio)
ALLEN — (3,300), 20c-30c-40c, 7 days.
Gross: $2,800. (Average, $3,000)
"ONE NIGHT OF LOVE" (Col.)
WARNERS' HIPPODROME — (3,800),
30c-35c-44c, 7 days. Gross: $13,500. (Aver-
age, $6,000)
"GIFT OF GAB" (Univ.)
RKO PALACE— (3,100), 30c-40c-60c, 7
days. Stage: "Sidewalk Cafe." Gross:
$12,500. (Average with stage show, $18,000)
"MRS. WIGGS OF THE CABBAGE
PATCH" (Para.)
LOEW'S STATE — (3,400), 30c-40c-60c, 7
days. Stage: Ted Lewis and his company
in "Happiness Follies of 1934." Gross:
$20,000. (Average with stage show, $18,000)
"MERRY WIDOW" (M-G-M)
LOEW'S STILLMAN— (1,900), 30c-35c-
44c, 7 days, 2nd week downtown. Gross:
$6,000. (Average, $4,000)
"Limehouse," Dual
Leads Providence
Providence, Nov. 19. — Top money
for the week was garnered by the
Strand, which caught $9,500 with a
dual, "Limehouse Blues" and "To-
morrow's Youth." Not considered
especially strong on paper, the bill,
nevertheless, brought more money to
the house than it has seen in many
moons. The average take is $6,500.
Next in line was the RKO Albee,
which drew $9,200 with "Wednesday's
Child" on the screen and "Now and
Then," a revue. Fays' was excep-
tionally strong at $8,800, but Loew's
was under its usual par with "Evelyn
Prentice," the take being only $9,500
as against the usual $12,000.
First run business was $46,100.
Average is $40,500.
Estimated takings for the week end-
ing Nov. 15 :
"WEDNESDAY'S CHILD" (Radio)
RKO ALBEE— (2,300), 15c-40c, 7 days.
Stage: "Now and Then" revue. Gross:
$9,200. (Average, $7,000)
"HAPPINESS AHEAD" (Warners)
"THE SCARLET LETTER" (Monogram)
MAJESTIC— (2.400), 15c-40c, 7 days.
Gross: $7,800. (Average, $7,000)
"LIMEHOUSE BLUES" (Para.)
"TOMORROW'S YOUTH" (Monogram)
STRAND— (2,300), 15c-40c, 7 days. Gross:
$9,500. (Average, $6,500)
"365 NIGHTS IN HOLLYWOOD" (Fox)
FAYS— (1,600), 15c-40c, 7 days. Stage:
"Jerry and Her Baby Grands." Gross:
$8,800. (Average. $7,000)
"EVELYN PRENTICE" (M-G-M)
LOEW'S STATE— (3,800). 15c-40c, 7 days.
Gross: $9,500. (Average, $12,000)
"ONCE TO EVERY BACHELOR"
(Levine)
RKO VICTORY— (1,600). 10c-25c, 4 days.
Gross: $1,300. (Average, $1,000)
"Widow" Gets
Twin Cities'
High Money
Minneapolis, Nov. 19. — "The
Merry Widow" was the money-maker
of the week in both Minneapolis and
St. Paul. At the State here it was
$1,000 over average on a gross of
$6,500 and at the Paramount across
the river it was $700 up on a gross of
$6,200.
"The Age of Innocence" was strong
here at $6,000 in the Orpheum and
"Chu Chin Chow" made a good show-
ing at the World in its second week
with a gross of $3,000. "Little
Friend," another Gaumont British fea-
ture, was strong at $2,500 in the St.
Paul World.
Total first run business in Minne-
apolis was $23,600. Average is
$21,000. Total first run business in
St. Paul was $18,100. Average is
$16,000.
Estimated takings :
Minneapolis:
Week Ending Nov. 15:
"MARIE GALANTE" (Fox)
CENTURY — (1,000), 25c-40c, 7 days.
Gross: $3,800. (Average, $4,000)
"THE CASE OF THE HOWLING DOG"
(Warners)
LYRIC— (1,000), 20c-25c, 7 days. Gross:
$1,800. (Average, $1,500)
Week Ending Nov. 16:
"THE AGE OF INNOCENCE" (Radio)
ORPHEUM— (2,900), 25c-50c, 7 days. Five
acts of vaudeville. Gross: $6,000. (Aver-
age, $5,500)
"THE MERRY WIDOW" (M-G-M)
STATE— (2,300), 25c-40c, 7 days. Gross:
$6,500. (Average, $5,500)
"WAKE UP AND DREAM" (Univ.)
TIME— (300), 25c-35c, 7 days. Gross:
$2,500. (Average, $2,500)
"CHU CHIN CHOW" (Gaumont British)
WORLD— (400), 25c-75c, 7 days, 2nd week.
Gross: $3,000. (Average, $2,500)
St. Paul:
Week Ending Nov. 15:
"THE MERRY WIDOW" (M-G-M)
PARAMOUNT— (2,300), 25c-40c, 7 days.
Gross: $6,200. (Average, $5,500)
"PURSUIT OF HAPPINESS" (Para.)
RIVIERA— (1,200), 25c-40c, 7 days. Gross:
$4,000. (Average, $3,500)
"SIX-DAY BIKE RIDER" (F.N.)
ORPHEUM— (2,000), 25c-40c, 4 days. Five
acts vaudeville. Gross: $2,500. (Average,
$4,000 for the week)
"A LOST LADY" (F.N.)
ORPHEUM— (2.000), 25c-40c, 3 days.
Gross: $1,500. (Average, $4,000 for week)
"STUDENT TOUR" (M-G-M)
TOWER— (1,000). 15c-25c, 7 days. Gross:
$1,400. (Average, $1,500)
"LITTLE FRIEND" (Gaumont British)
WORLD— (300), 25c-75c, 7 days. Gross:
$2,500. (Average, $2,000)
Miss Tobin Improved
Montecito, Cal., Nov. 19. — The
condition of Genevieve Tobin, who
was injured in an automobile accident
here Saturday, was reported better
here today. The actress and her
mother, who was riding with her, are
both suffering from fractured collar
bones.
Moore Film Did $9,600
The first week's engagement of
"One Night of Love" at the Garrick,
Chicago, resulted in a gross of $9,600,
and not $5,500 as published.
Cantor Grosses $51,000
"Kid Millions" reached $51,000, a
whopping gross for the Rivoli, in its
first week.
Loose Again
Hollywood, Nov. 19.— The
Four Marxes are at it again.
Irving Thalberg has ordered
them out of his bungalow
with a curt, "Don't come
back until called."
Seems as though the quad-
ruplets busted up two type-
writers and now Harpo has
his eye on the blonde secre-
tary.
"We Live" Is
Frisco's Top
With $12,000
San Francisco, Nov. 19. — "We
Live Again" was the outstanding draw
of last week. It went to $12,000 at
the United Artists, over average by
$4,000.
"The Gay Divorcee" was still
strong in its third week at the Golden
Gate, getting $12,000. "We're Rich
Again" and "Girl of the Limberlost"
had a par $9,000 at the Orpheum.
Total first run business was $77,200.
Average is $83,000.
Estimated takings :
Week Ending Nov. 13:
"THE GAY DIVORCEE" (Radio)
GOLDEN GATE— (2,800), 25c-35c-40c, 7
days, 3rd week. Stage, band. Gross:
$12,000. (Average, $13,000)
Week Ending Nov. 14:
"KANSAS CITY PRINCESS" (Warners)
"FIFTEEN WIVES" (Chesterfield)
FOX— (4,600), 15c-30c-40c, 7 days. Gross:
$9,500. (Average, $11,000)
"HELL IN THE HEAVENS" (Fox)
"GENTLEMAN ARE BORN" (Warners)
PARAMOUNT— (2,670), 25c-35c-55c-65c, 7
days. Gross: $10,500. (Average. $11,000)
"THE MERRY WIDOW" (M-G-M)
WARFIELD— (2,700), 25c-35c-55c-65c. 7
days, 2nd week. Gross: $17,200. (Average,
$23,000)
Week Ending Nov. 15:
"GIRL OF THE LIMBERLOST"
(Monogram)
"WE'RE RICH AGAIN" (Radio)
ORPHEUM — (3,000), 15c-30c-35c-40c, 7
days. Gross: $9,000. (Average, $9,000)
"WHAT EVERY WOMAN KNOWS"
(M-G-M)
ST. FRANCIS— (1,400), 15c-35c-55c, 7
days. Gross: $7,000. (Average, $8,000)
"WE LIVE AGAIN" (U.A.)
UNITED ARTISTS— (1,200), 15c-35c-55c,
7 days. Gross: $12,000. (Average, $8,000)
Salt Lake House Burns
Salt Lake City, Nov. 19. — The
old Hippodrome Theatre, originally
the Grand, was swept by flames last
night. Damage is estimated at $20,000
to the building and between $5,000 and
$10,000 to the contents.
The blaze broke out just after the
audience, which attended "Follies of
1935," had left the building.
Only the four walls are left stand-
ing today.
Wanger in Studio Deal
Hollywood, Nov. 19. — Walter
Wanger has made a new arrangement
with Erpi to continue production at
the General Service Studio.
Miss Sermolino on Reel
Marie Sermolino, formerly of
Time's editorial staff, has been as-
signed to the March of Time newsreel
as head of the research department.
"Widow" Gets
Big $21,000,
Philadelphia
Philadelphia, Nov. 19. — In the
first week of a price reduction "The
Merry Widow" topped the field with
$21,000 at the Boyd and was held.
"We Live Again" got off to a good
$10,000 in its first week at the Aldine
and "Marie Galante" brought the Fox
take to $14,500. "The Barretts of
Wimpole Street" had a good second
run engagement at the Arcadia and
"One Night of Love" ended its sen-
sational three-week second run en-
gagement at the Karlton with the
handsome figure of $3,700.
Total first run business was:
$83,900. Average is $73,100.
Estimated takings for the wreek
ending Nov. 15 :
"WE LIVE AGAIN" (U.A.)
ALDINE— (1,200), 35c-40c-55c, 6 days.
Gross: $10,000. (Average, $7,000)
"BARRETTS OF WIMPOLE STREET"
(M-G-M)
(2nd run)
ARCADIA— (600), 25c-4Oc-50c, 9 days.
Gross: $4,200. (Average, 6 days, $2,400)
"THE MERRY WIDOW" (M-G-M)
BOYD — (2,400), 35c-40c-55c, 6 days.
Gross: $21,000. (Average, $12,000)
"STUDENT TOUR" (M-G-M)
EARLE — (2,000), 40c-55c-65c, 6 days.
Stage: "Bowery Music Hall Follies."
Gross: $13,500. (Average, $12,000)
"MARIE GALANTE" (Fox)
FOX— (3,000), 35c-55c-65c, 6 days. Stage:
Lillian Shade, J. Fred Coots, Eddie Stanley,
Three Swifts. Gross: $14,500. (Average,
$12,000)
"ONE NIGHT OF LOVE" (Col.)
(2nd run — 3d week)
KARLTON— (1,000), 30c-40c-50c, 6 days.
Gross: $3,700. (Average, $3,500)
"THE SCARLET LETTER" (Majestic
LOCUST— (1,300), 35c-40c-55c, 6 days.
Gross: $2,500. (Average, $5,000)
"THE GAY DIVORCEE" (Radio)
STANLEY— (3,700), 35c-40c-55c, 6 days,
2nd week. Gross: $9,500. (Average, $12,000)
"THE MENACE" (Para.)
STANTON— (1,700), 35c-40c-55c, 6 days.
Gross: $5,000. (Average, $6,000)
"One Night" Pulls
$5,200, Omaha Top
Omaha, Nov. 19. — "One Night of
Love" got off to a bad start at the
Brandeis, due to a breakdown in the
sound apparatus, but it built steadily
to a gross of $5,200 on the week.
Normal for this house is $3,500. The
picture was held over.
"Evelyn Prentice" did a nice $8,500
at the Paramount, and the dual bills,
"Madame DuBarry" and "Green
Eyes" at the World and "The Affairs
of Cellini" and "Kansas City Princess"
at the Orpheum, were both over par.
Total first run business was $25,100.
Average is $22,500.
Estimated takings:
Week Ending Nov. 14:
"MADAME DUBARRY" (Warners)
"GREEN EYES" (Chesterfield)
WORLD— (2,200). 25c-40c, 7 days. Gross:
$3,600. (Average, $3,500)
"EVELYN PRENTICE" (M-G-M)
PARAMOUNT— (2,800), 25c-40c, 7 days.
Gross: $8,500. (Average, $8,000)
Week Ending Nov. 15:
"ONE NIGHT OF LOVE" (Col.)
BRANDEIS— (1,500). 20c-25c-35c, 7 days.
Gross. $5,200. (Average, $3,500)
"THE AFFAIRS OF CELLINI" (U. A.)
"KANSAS CITY PRINCESS" (Warners)
ORPHEUM— (3,000), 25c-40c, 7 days.
Gross: $7,800. (Average, $7,500)
Tuesday. November 20, 1934
MOTION PICTURE
DAILY
"One Night"
Tops Seattle
Second Week
Seattle, Nov. 19. — "One Night of
Love" ran away with the big business
here in its second week at the
Liberty, getting $6,800, over normal
by $2,800.
Every other first run in town was
below normal. "The Gay Divorcee"
slipped to $3,300 in its third week at
the Blue Mouse and "The Merry
Widow" was down to $5,200 in its
second week at the Fifth Avenue.
Total first run business was $34,050.
Average is $36,500.
Estimated takings for the week
ending Nov. 13 :
"THE GAY DIVORCEE" (Radio)
BLUE MOUSE— (950). 25c-40c-55c, 7
days, 3rd week of extended run from
Music Hall. Gross: $3,300. (Average,
$4,000)
"THE MERRY WIDOW" (M-G-M)
FIFTH AVENUE— (2,450). 25c-40c-55c, 5
days, 2nd week. Gross: $5,200. (Average,
1st week, $7,000) ,„ , ,
"ONE NIGHT OF LOVE" (Col.)
LIBERTY— (1,800), 15c-25c-35c-50c, 7 day
2nd week. Gross: $6,800. (Average, 1st
week, $4,000)
"I SELL ANYTHING" (F.N.)
"DANGEROUS CORNER" (Radio)
MUSIC BOX— (950), 25c-35c-50c, 7 days.
Gross: $3,150. (Average, $3,500)
"HAPPINESS AHEAD" (Warners)
MUSIC HALL — (2,275), 25c-40c-55c, 7
days. Gross: $5,400. (Average, $6,500)
"KANSAS CITY PRINCESS" (Warners)
ORPHEUM— (2,500), 25c-35c, 7 days.
Vaudeville headed by Lowe and Hite.
Gross: $5,200. (Average, $5,500)
"WAGON WHEELS" (Para.)
"STUDENT TOUR" (M-G-M)
PARAMOUNT — (3,050), 25c-35c, 7 days.
Stage revue, "Artists and Models." Gross:
$5,000. (Average, $6,000)
Looking 'Em Over
(.Continued from page 4)
faithfulness to the atmosphere of the original. Its backgrounds and cus-
toms are so true to the period in which the story is set — around 1840-;-
that the production strikes the spectator as one of realism. It is a pity
that the photography is not always first-rate and that the recording at
times makes the speech of the actors difficult to understand.
"Madame Bovary" tells the tragic story of a convent girl (Valentine
Tessier) enmeshed in an unhappy marriage. Her husband (Pierre
Renoir) is a country doctor, crude, unromantic, but slavishly faithful
to her. Two lovers (Fernand Fabre and Daniel Lecourtois) play an
important part in her life and are the indirect cause of her tragic end.
When her extravagance threatens the loss of her home, she is driven
insane trying to raise money. When the two men fail her, she sees no
way out but suicide. The final scenes detail her slow, torturing death
from poison.
Jean Renoir directed. No code seal. Running time, 100 minutes. "A."
4t
New Seattle Sunday
Closing Move Balked
Seattle, Nov. 19.— Again the local
courts have ruled that Seattle theatres
and amusement parks may remain
open on Sundays, despite an obsolete
closing law that has not been enforced
in many years.
The latest showdown came this
week when Superior Judge James
Kinne denied a writ of mandate sought
by Attorney A. D. Rosellini on behalf
of two Seattle beer parlor operators
who have been forced to remain closed
on Sundays. It was his contention
that the Sunday closing should apply
to all interests.
In denying the writ, Judge Kinne
said that the petitioners would have
to cite specific instances of violation
of the closing law. In reply, the beer
vendors stated that they would prob-
ably single out an individual theatre
and make such a complaint next week.
"One in a Million"
(Chesterfield)
There is considerable entertainment in this Invincible production. It
tells a familiar story well and mounts it richly and tastefully. An added
asset is the acting of the principals. Dorothy Wilson is oustanding,
giving a simple, sincere performance that draws sympathy to the charac-
ter she plays. In Charles Starrett she has a fine romantic foil.
Miss Wilson gets herself involved with the police when she pushes
an official of the department store employing her off a balcony when the
man tries to force himself upon her after inviting her to his apartment
on the pretext of wanting to help her out of a theft charge, of which she
is not guilty.
With Gwen Lee she hides out at the apartment of Starrett's fiancee,
where Miss Lee has gone to deliver a trousseau. She meets Starrett and
attempts to dampen his ardor. When he is jilted by his sweetheart, he
presses his suit with Miss Wilson more than ever. His father, head of
the store where Miss Wilson is employed, opposes the match, but in the
end he gives his blessing when the girl is cleared by the revelation that
the man who tried to attack her used her as a dupe to cover up his theft
of lingerie from the store to present to his girl friends.
Holmes Herbert and "Big Boy" Williams are also in the cast. Frank
Strayer directed. Code seal No. 189. Running time, 70 minutes. "G."
MOTION PICTURE DAILY&
HOLLYWOOD PREVIEW
Empress" and
Waring Smash
In Pittsburgh
Pittsburg, Nov. 19.— It was an even
break here last week, with three houses
shooting well above average and three
others skidding. The big noise was
the Stanley where Waring's Pennsyl-
vanians and "The Scarlet Empress,"
gave the house a great $27,000 for its
best business since last March.
At the Alvin, "Hell in the Heavens"
and a stage show went |2,500 over par
at $12,500, while another winner was
"Judge Priest," which in its second
week gathered around $6,000 at the
Fulton, counting in two extra days.
Otherwise, the week was just so-so.
"We Live Again" never got started
at the Penn, winding up with an ordi-
nary $11,000, and at the Warner, the
combination of "Kentucky Kernels"
and "Ladies Should Listen" was un-
able to lift the house out of the dol-
drums, resulting in an indifferent
$4,000.
Total grosses in six first runs were
$64,800. Average is $55,000.
Estimated takings for the week end-
ing Nov. 15 :
"HELL IN THE HEAVENS" (Fox)
ALVIN— (2,000), 25c-40c, 6 days. Stage:
Johnny Perkins, Four Trojans, Johnny
Woods, Duffin and Draper, Perry Como,
Streamline Alvinettes, Jerry Mayhall's or-
chestra. Gross: $12,500. (Average, $10,000)
"JUDGE PRIEST" (Fox)
FULTON— (1,750), 15c-40c, 8 days, 2nd
week. Gross: $6,000. (Average, for 6 days,
$4,500)
"WE LIVE AGAIN" (U. A.)
PENN— (3,300), 25c-50c, 6 days. Gross:
$11,000. (Average, $12,000)
"OVER NIGHT" (English)
PITT— (1,600), 15c-30c, 6 days. Stage:
Bob Nelson, Bernard and Kay, Marie and
Ann Clark, Young Kam Troupe, Merman
and Bronson revue, The Cevenes, Reo and
West. Gross: $4,300. (Average, $4,500)
"SCARLET EMPRESS" (Para.)
STANLEY— (3,600), 25-60c, 6 days. Stage:
Waring's Pennsylvanians. Gross: $27,000.
(Average, $19,000)
"KENTUCKY'S KERNELS" (Radio)
"LADIES SHOULD LISTEN" (Para.)
WARNER— (2,000), 25c-40c, 6 days. Gross:
$4,000. (Average, $5,000)
Court Upholds Ban
On Cleveland Duals
Cleveland, Nov. 19. — Common
Pleas Judge Alva Corlett today up-
held the permanent injunction against
double features here by overruling a
motion for a new trial in the case of
the Family Theatre, operated by
Henry Kaplan, against the Center
Woodland Amusement Co., operated
by M. B. Horwitz. A rehearing of
the case was asked by Lawrence
Rich, attorney for Morris Israel of
the Erie Theatre, an interested party.
Martin Printz, manager of the Al-
hambra, reports first run duals are
playing to capacity at his house.
"Wicked Woman"
(M-G-M)
Hollywood, Nov. 19. — Mady Christians, in her American film debut,
visualizes the virtues, sacrifices and heartaches of a mother of four.
The title must refer to her righteous action in murdering her husband,
who carried on an unlawful trade, as otherwise she is a model woman.
Moving away from the scene of her crime with her brood, determined
her children will grow up clean and honest, in a 15-year period she suc-
ceeds as a business woman with her children respected. In order to clear
her name of the stigma, with remarriage in the offing, she returns to the
bayou country and expiates her crime with the sudden appearance and
dramatic testimony of the children acquitting her.
The production contains a mixture of genuine feeling and sentimental-
ity. Miss Christians evidences histrionic ability. Jean Parker and Betty
Furness play her daughters, William Henry plays the son with the same
roles played as children by Marilyn Harris, Betty Jane Graham and
Jackie Searl. Charles Bickford does a secondary role well.
The screen play by Florence Ryerson and Zelda Sears is from Ann
Austin's book. Charlie Brabin directed well.
The picture will satisfy family neighborhood trade, being a good aver-
age feature. Previewed without code seal. Running time, 76 min-
utes. "G."
"Gentlemen Are Born," tomorrow night's opener at the Strand, was covered
by wire from the coast Oct. 13.
"Marie Galante," last night's preview at the Mayfair, was reviewed by
wire from Hollywood on Nov. 10.
"Menace," tomorrow night's preview at the Rialto, was reviewed by wire
from Hollywood on Oct. 3.
Weshner Gets First
Runs Only in Phila.
(Continued from page 1)
Milwaukee reported Weshner would
handle the Eastern Pennsylvania zone.
"We have great plans for the Phila-
delphia zone," declared Bernhard.
"Our system of classification of pic-
tures for family and adult audiences
recently inaugurated in this zone is
already a great success. Our recent
act of reducing admission prices for
our theatres there has also met with
the wide acclaim of the Philadelphia
public.
"Realizing that Philadelphia is one
of our most important theatre zones,
we are constantly striving to strength-
en the organization there. And
bringing Weshner from Milwaukee to
Philadelphia is in line with our plan
of setting up the best men we can
find in this territory. All activities
in this zone are under the direction
of Leonard Schlesinger, who continues
as zone manager."
Sprague to Paramount
Hollywood, Nov. 19. — Chandler
Sprague has joined the Paramount
writing staff and will adapt "Sacri-
fice."
Presented by CARL LAEMMLE
12
MOTION PICTURE
DAILY
Tuesday, November 20, 1934
Para. Claims
Set; Hearing
Off to Dec. 3
{Continued from page 1)
completion of the Paramount reorgani-
zation plan which will make the settle-
ment effective.
The hearing on the trustees' motion
in relation to the $13,300,000 Para-
mount creditor banks' claim was ad-
journed by Joyce to Nov. 26. This,
too, probably will be stricken off as
a result of the settlement of the claim
with the creditor groups, now em-
bodied in the Paramount reorganiza-
tion plan. Under it, the banks receive
$5,173,574 in cash and an adjustment
of the $9,800,000 balance in new se-
curities on the same terms as provided
for general creditors. This settlement
is also dependent for effectiveness on
a final plan of reorganization for Para-
mount and upon action on the banks'
motion to dismiss the proceedings be-
fore Joyce, which is now pending be-
fore Federal Judge Alfred C. Coxe
and scheduled for hearing tomorrow.
Hearing on the Paramount Broad-
way claim was postponed to Dec. 3
by Joyce. The settlement of this
$8,875,000 claim, described in Motion
Picture Daily yesterday, is also a
part of the tentative plan of reorgani-
zation for Paramount and will be au-
tomatically eliminated when the plan
is made operative.
A scheduled hearing on a claim of
the trustee of the Stanley Co. in the
amount of $1,513,604 was also ad-
journed by Joyce to Dec. 3. It was
revealed, however, that the claimant
has agreed to a reduction of the claim
to $32,500. Counsel for the Paramount
Publix trustees, however, asserted that
they believe the claim to be "without
merit" and will file objections to it
even in the reduced amount.
Say Hamm, Brewer,
Dominates Circuit
(Continued from page 1)
old Publix circuit. This interest
amounts to control, say some.
The impression also prevails that
the new setup will acquire more
houses rather than relinquishing any
wherever it is felt acquisitions are
necessary to protect the company's
buying power.
Holds Film Symposium
Los Angeles, Nov. 19. — The Mod-
ern Forum, sponsored by local educa-
tional, civic, political and scientific
leaders, tonight devoted its semi-
monthly meeting at the Philharmonic
Auditorium to a symposium on film
problems. Among those who took part
in the discussions were Alice Brady,
Irving Pichel and Gus McCarthy.
To Build at Norwalk, O.
Norwalk, O., Nov. 19. — Jerry Steel,
of the Appolo in Oberlin and William
Selman film salesman formerly with
U. A., are planning to build a de luxe
house here. Fred Clary, formerly
assistant manager of the Public Audi-
torium in Cleveland, and prior to that
with Loew's, is slated to be manager.
Monogram May Tip
Next List to 52
(Continued from page 1)
schedule calls for 20 features and eight
westerns.
Stating that Monogram has added
1,000 theatre accounts during the cur-
rent season, Johnston cited the gain
as a major reason for an increase in
the schedule next year and as a vin-
dication of the company's production
trend to family-type entertainment,
such as "Girl of the Limberlost" and
"Keeper of the Bees." In line with a
continuation of the policy, he said,
Monogram had just acquired produc-
tion rights to Richard Henry Dana's
"Two Years Before the Mast," James
Fenimore Cooper's "The Spy," and
"Five Little Peppers."
Johnston visited exchanges at Se-
attle, Kansas City, Cleveland and
Cincinnati en route east.
Code Changes Talked
By Allied Directors
Baltimore, Nov. 19. — Revision of
the code in the interests of independ-
ent exhibitors and enactment of legis-
lation to protect theatre owners
against taxes on copyrighted music
were discussed at a meeting of Allied
regional directors at the Hotel Emer-
son here today.
Walter Littlefield presided. Sidney
Samuelson, Abram F. Myers, and
Herman A. Blum were among those
in attendance.
Members of the M. P. T. O. of
Maryland and a group of independents
from Baltimore and other parts of the
state joined the Allied men at a lunch-
eon at which Frank A. Hornig, presi-
dent of the Maryland exhibitor or-
ganization, presided. Among the
guests were Mayor Howard Jackson
of Baltimore and Herbert O'Conor,
states attorney and state attorney
general-elect.
Walsh Will Appeal
San Francisco Ruling
San Francisco, Nov. 19. — Morgan
Walsh, leader in the formation of the
code, will appeal a reduced admission
decision against him in a complaint
filed by Joe Blumenfeld, operator of
the American, Oakland.
The alleged cut was made at the
T. & D. Theatre in Oakland. Blumen-
feld contended Walsh's contracts with
RKO, Paramount and Columbia spe-
cified that the T. & D. charged 20
cents admission. The house is now
charging 15 cents for all seats except
loges.
The grievance board ordered film
service stopped.
Miss Molseed Helps
Nebraska Code Study
Omaha, Nov. 19. — Miss Regina
Molseed, secretary of the local code
boards, has been selected as one of
eight members of an executive com-
mittee representing 273 code workers
in Nebraska, who will examine the
present code setup and make recom-
mendations for state laws to the new
legislature for a self-governing or-
ganization.
Robert K. Straus, representing the
NRA board at Washington, recom-
mended to all local code officials that
they group their executive functions
in a single office.
Death Halts Action
On K. C. Clearance
(Continued from page 1)
and Tyree Dillard was today deferred
until Wednesday by the death in
Omaha of the mother of Elmer C.
Rhoden, Fox Midwest division mana-
ger, who is a member of the zoning
body. It is expected a definite vote
on the recommended plan will be
taken Wednesday, in time to apprise
Thursday's meeting of Campi in New
York.
While board members refused to
divulge the recommendations left by
the Campi emissaries on the ground
they are only tentative, it is under-
stood the trio instructed the board to
include the protection bargaining prin-
ciple in the clearance schedule. Wheth-
er this will be an out-and-out protec-
tion system or a modified form will
be decided Wednesday, but it is
learned on excellent authority the
plan will include the inherent right of
the exhibitor to ask for and the dis-
tributor to grant protection over an
equally priced house.
It is also understood that, while the
recommendations did not contemplate
disturbing clearance periods, as fa-
vored by the board, certain revisions
were instructed, including scrapping
or modifying the variable admission
clause whereby a theatre must main-
tain a fixed admission or be delayed
in clearance. This provision was at-
tacked by independents as illegal price
fixing.
W. D. Fulton, acting for an inde-
pendent group, today drafted a pro-
test against protection to be forwarded
to Campi.
Schaefer spent the week-end with
Code Bills Go
Out Under New
Payment Plan
(Continued from page 1)
production and distribution companies.
Major producers and distributors have
advanced against their assessments a
total of $100,500 to Campi, to date.
No advances have been received from
any independent company.
A provision of the producer-dis-
tributor assessment schedule makes it
possible for a company which feels
that the $120 minimum assessment
would be unfair to it, to obtain in-
dividual adjustment subject to NRA
approval.
Portland Wage Row
Gets NRA Hearing
Portland, Nov. 19. — Exhibitors
and operators today submitted data in
the wage dispute here to Robert A.
Gaven, deputy NRA administrator.
Operators claim $1 per hour under
the code. Suburbans protest this is
too high. A decision is expected by
Dec. 1.
John Balaban in Excelsior Springs,
Mo., delaying his departure until to-
day. He left by plane.
Edward Golden, George Schaefer
and Tyree DSllard returned to New
York last night.
FOR BETTE
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USE
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NATIONAL CARBON COMPANY, INC.
Carbon Sales Division, Cleveland, Ohio
Unitof Union Carbide and Carbon Corporation
Branch Sales Offices:
code New York Pittsburgh Chicago San Francisco
PROJECTOR
CARBONS
High intensity
projection for
theatres of
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The Leading
Motio)
Picture
Industry
MOTION PICTURE
DAILY
Alert,
Intelligent
OL. 36. NO. 121
NEW YORK. WEDNESDAY, NOVEMBER 21, 1934
TEN CENTS
3ennsylvania
Hopeful Over
Sunday Shows
democratic Gains Held
Liberalizing Factor
Harrisburg, Nov. 20. — Chances of
speal of the Sunday blue laws of
794, which ban films and other
musements on Sundays are vastly
nproved as shown by analysis of re-
jlts of the Nov. 6 balloting in which
le Pennsylvania Democrats elected a
J. S. Senator for the first time in 76
ears ; a governor for the first time in
4 years ; wrested control of the lower
ouse from the Republicans by a big
largin, and reduced the Republican
lajority in the Senate.
While the fight for Sunday films,
rhich has been waged with growing
trength in every regular session of
le legislature in the last couple of
ecades, has not been along strictly
arty lines, the Democrats have been
(Continued on page 8)
tf-G-M Takes Over
Trailers Shortly
M-G-M will begin distribution of
:s own trailers next month, the first
} be made available being the trailer
or "Biography of a Bachelor Girl,"
ie Ann Harding and Robert Mont-
omery picture which is set for na-
ional release Jan. 4, according to
resent plans.
Although M-G-M has been making
:s own trailers since early this year,
{Continued on page 8)
To Organize Fight
Against Censorship
Washington, Nov. 20. — All forms
f film censorship will be opposed at
conference on "civil liberties" called
■y the American Civil Liberties
Jnion to meet here Dec. 8 and 9.
A tentative program made public
oday discloses that picture censor-
hip will be one of the major sub-
ects, on which the meeting will adopt
(Continued on page 11)
Allied Is Checking
On Selling Policies
Allied is checking up on policies of
listributors to determine whether the
ales plans in New York are national
>r local, it was reported to members
>f the New Jersey unit yesterday.
Sidney Samuelson, who atf nded the
astern regional of Allied directors in
(Continued on page 11)
Purity Drive
Justifiable,
States Kent
Says Films Became Too
Strong and Sexy
By BRUCE ALLAN
London, Nov. 20. — The purity cam-
paign in the United States was justi-
fiable because films had gotten too
strong and too sexy, S. R. Kent de-
clared in a press interview here today.
He leaves for New York Nov. 28
on the Bercngaria and, while osten-
sibly he came over in connection with
the sale of Fox Film's 49 per cent
interest in Gaumont British, he had
nothing to say on that score today.
In touching on the patent problem
in the States, Kent gave it as his
(Continued on page 5)
Fight Won by ITOA
On 306 Injunction
Albany, Nov. 20. — In a decision
handed down today the New York
Court of Appeals ruled the temporary
injunction issued to Harry Sherman
during his presidency of Local 306,
I.A.T.S.E., ordering 14 members of
the I.T.O.A. in New York City to
re-employ 56 union members dis-
missed in August, 1933, was improper-
ly granted. The court reversed the
order with costs.
The theatre owners in their court
(Continued on page 5)
North Dakota Wins
Sunday Film Shows
Fargo, N. D., Nov. 20.— The state-
wide referendum on Sunday films for
North Dakota has apparently been
won by theatre interests, although the
voting was so close that a recount
was necessary.
With only three precincts un-
counted, the tally shows a plurality
of 1,090 votes for legalizing Sunday
shows. Theatres will open on Sun-
day beginning Dec. 9 when the offi-
cial count is completed. The issue
lost by 372 votes at the last referen-
dum two years ago.
Price Stabilization
In K. C. Is Jolted
Kansas City, Nov. 20. — Moves to
stabilize prices here, which seemed
successful several weeks ago, were
seen headed for the rocks today with
the announcement of a reduction in
(Continued on page 11)
Bernerd May Obtain
Radio Appointment
London, Nov. 20. — Jeffrey
Bernerd, now one of the top
rank executives with Gau-
mont British, may join Radio
Pictures here as managing
director. Sol G. Newman
held this post until his death
recently.
If Jeffrey Bernerd joins
Radio in England, the move
would mean abrogation of his
long contract with G. B.
Originally, a seven and a half
year deal, Bernerd still has
six to go under the arrange-
ment.
No word of such a switch
was known at G. B. of Ameri-
ca yesterday.
Ned E. Depinet, speaking
for Radio, denied there was
"anything to the report."
He added it was the com-
pany's intention of filling the
Newman post from the ranks
of the British distributing
company.
Moves Impend
On Clearance
In N. Y., N. J.
New York and New Jersey will
have clearance and zoning schedules
within the next few months, according
to prominent local exhibitors who are
preparing to move on Campi for a
rezoning of the territories. Phila-
delphia, which has had parts of the
territory zoned, may have a complete
shifting of areas, provided a contem-
plated petition is approved by Campi.
All three moves are contingent on
adoption of the Kansas City clearance
and zoning plan. George J. Schaefer
and Edward Golden are back from
a two-day visit to the midwest key
center and the expectations are that
they will bring back a plan which
Campi is likely to accept. At least,
(Continued on page 5)
Plunkett Advising
Upon G. B. Scripts
London, Nov. 20. — Joseph Plunkett
is on the Gaumont British payroll as
a special advisor in the script depart-
ment where he is aiding on six pic-
tures. Plunkett's job is to give the
American perspective to the half
dozen stories which are being made
with an eye to an international
market.
Kansas City's
Clearance May
Furnish Model
Compromise on Theatre
Scales Vital Issue
A tentative compromise agreement
reached between George Schaefer and
Edward Golden, Campi clearance and
zoning members, and Kansas City ex-
hibitors may serve as a guiding factor
in national zoning, provided the K. C.
factors approve the plan at a meeting
today and it is also approved by Campi
tomorrow.
The compromise embodies both
protection and admission prices as
dominating factors. The agreement
provides that second and subsequent
runs with identical admissions can
play features simultaneously, but dis-
tributors retain the right to sell
priority dates, if desired.
At the last Campi session, members
of the board wanted to adopt the K. C.
schedule on a geographical rezoning
basis, but, one of the three members
of the clearance and zoning committee
(Continued on page 5)
Kuykendall Bangs
Clearance Delays
Clearance and zoning, if left entirely
by exhibitors to local boards and Code
Authority, would "collapse from lack
of interest," Ed Kuykendall, M.P.T.
O.A. president and Campi member,
states in a current bulletin released
to M.P.T. O.A. members yesterday.
Kuykendall takes Code Authority
to task for its inaction on clearance
(Continued on page 5)
England Now Out of
Depression — Schenck
England has recovered from the de-
pression, Joseph M. Schenck, presi-
dent of United Artists, asserted upon
his return yesterday from a month's
trip abroad.
Admitting Douglas Fairbanks had
sold his interest in London Films,
Schenck denied he had disposed of his
(Continued on page 5)
"Black Ivory" Second
FitzPatrick Feature
James A. FitzPatrick yesterday de-
cided on "Black Ivory" as his second
independent feature. It will be made
all in three-process Technicolor and
based on the life of H. M. Stanley,
African explorer. FitzPatrick and his
(Continued on page 5)
MOTION PICTURE
DAILY
Wedne»day, November 21, 1934
MOTION PICTURE
DAILY
(Registered U. S. Patent Office)
Vol. 36 November 21, 1934 No. 121
Insiders' Outlook
Martin Quigley
Editor-in-Chief and Publisher
MAURICE KANN
Editor
JAMES A. CRON
Advertising Manager
1
Published daily except Sunday and holi
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Subscription rates per year: $6 in the
Americas, except Canada $15 and foreign
$12. Single copies: 10 cents.
N. Y. Trade Shocked
By Clark's Passing
New York exhibitor circles were
shocked to learn yesterday of the
death of R. M. Clark, for many years
past the general manager of Griffith
Amusement Co., Oklahoma City, and
one of the most widely known exhib-
itors in the Southwest.
Clark, who was secretary of the
M. P. T. O. of Oklahoma and an
M. P. T. O. A. director, was 44
years old. He died Saturday of com-
plications following on operation for
appendicitis. Burial was at Okla-
home City on Monday.
Willard Mack Rites Set
Hollywood, Nov. 20. — Funeral
services were held here today for
Willard Mack. Burial will be in Salt
Lake City to comply with one of the
deceased's last wishes, for a few days
ago he requested he be buried in that
city, the scene of his first stage
success.
Charles Callahan Buried
Red Oak., Ia., Nov. 20.— Funeral
services were held today for Charles
Callahan, 56, who died Saturday fol-
lowing a heart attack. For many
years he was partner with Frank
Good in the Iowana Theatre here.
"Herbert" Gets $8,700
"Big Hearted Herbert" at the May-
fair garnered $8,700 on the week.
THE lawyers in the case, and Central Hanover for the banks;
that means hordes of them, Gerald Brooks and Newton for
have been tussling with the No- the stockholders; Vanderlip and
vember 14 reorganization plan Klein for the debenture holders;
for Paramount. Yesterday, Zukor on operation and what so
however, they were reported to far is known as Mr. X. Brooks
have finished their job of cross- is a man about town, identified
ing additional letters and erasing with E. F. Hutton and Co. and is
superfluous commas in anticipa- destined for the board as repre-
tion that, finally and conclusively, sentative of a group of British
the plan will be submitted to insurance companies, including
Judge Coxe in Federal court Royal, which owns a sizable
here by Friday or Saturday of chunk of the Paramount common
this week. These matters being and a more formidable array of
what they are, this outpost urges bonds. . . .
against taking any odds that ▼
events will match the anticipa- Mr x., or the man yet to be
tlon- • • • named, is expected to rate
▼ through the suggestion — power-
However, this is what it looked ful — of Ralph Greve of Prudence
like last night through the eyes Bonds which figured in Allied
of factors in the situation who, Owners, original claimant to the
if any do, know what they are tune of $23,644,000 and now whit-
talking about. Indicative of how tied down to $5,000,000 in new
the Paramount picture is chang- debentures, $150,000 in cash, the
ing its spots and pointing up as purchase of the Alabama in Bir-
well the difficulty of following mingham and the leasing of
unexpected shifts in the balance Paramount theatres in Brook-
are changes in the skeleton out- lyn, Fremont, O., and Glens
line of the new directorate. For Falls, N. Y. To put it another
instance, on Saturday those re- way Greve's company is the
garded as set for posts were holder of the largest single claim,
Adolph Zukor and George feels it is entitled to a director
Schaefer, representing knowledge and undoubtedly will get it. . . .
of the intricacies of film opera- y
tion ; Frank A. Vanderlip and That covers eight of the 12 to
Dr. Julius Klein, the debenture 14 or the 13 t0 15 who will
holders; Percy Johnston and the others be? That's the ques-
George W. Davison, the banks; tion an(j a \,\g one ;t is. Aside
and Duncan A. Holmes and from Zukor, the seven, confi-
Maurice Newton, the common dently believed to be agreed upon
stockholders. . . . n0W; theoretically, at least, will
▼ take care of the financing and
Last night the front had re- investment end of the rejuvenated
aligned itself along a slightly company. Manifestly, something
different tack with strong indi- should be done to round out the
cations that the following seven board with men who know their
men will have definite place celluloid do's and don'ts. The
among the either 12 to 14 or "but" in the case or the fly in
the 13 to 15 directors govern- the ointment, if you prefer, is the
ing the reorganized company, if attitude of certain of the bank-
and when : Johnston of the ing and investment interests
Chemical and Davison of the (Continued on page 11)
Eastman Pfd. Up 5 on Big Board
Net
High Low Close Change Sales
Columbia Pictures, vtc 37 37 37 100
Consolidated Film Industries 354 354 354 — Vs 500
Consolidated Film Industries, pfd 17 16% 17 — 54 800
Eastman Kodak 110 10954 110 + 54 600
Eastman Kodak, pfd 143 140 143 +5 2,000
Fox Film "A" 1354 13% 13^ — 54 1,500
Loew's, Inc 34 3354 34 + % 10,900
Loew's, Inc., pfd 101 10054 101 + % 200
Paramount Publix, cts 3% 354 354 — lA 19.000
Pathe Exchange 154 1% 1% 2.500
Pathe Exchange "A" 1554 15 1554 — 54 900
RKO m 1% 1% 4,200
Warner Bros., pfd 4% 4% — Vt 900
Technicolor Advances % on Curb
Net
High Low Close Change Sales
Technicolor 12% 12% 12% + % 1,000
Bond Market Has a Bad Day
Net
High Low Close Change Sales
General Theatre Equipment 6s '40 8% 8% 8% — % 37
General Theatre Equipment 6s '40, ctf 854 8 854 — 54 8
Loew's 6s '41, ww deb rights 104 104 104 1
Paramount Broadway 554s '51 41 41 41 — 54 1
Paramount F. L 6s '47 57% 57 57 9
Paramount Publix 554s '50 57% 5654 5654 —154 40
Warner Bros. 6s '39, wd 59 59 59 — 54 5
< Purely
Personal >
HAROLD RAIVES, who operates
the Rialto, East Rochester, and
Temple, East Fairchild, N. Y., returns
upstate either tomorrow or Friday
after visiting friends and relatives. He
says business is not so bad these days.
Harry Shiffman and Lee Ochs
are captains of the exhibitor division
of the M. P. Club bowling team. Joe
Hornstein is captain of the supply
dealers' division.
Harry Gold is in Dallas. As soon
as he returns to New York, Charles
Stern will make the round of ex-
changes under his supervision.
Fannie Hurst, author of "Imita-
tion of Life," will see the picture ver-
sion of her story for the first time
today at a private screening.
Sidney Samuelson returned from
Baltimore yesterday and in the after-
noon held the regular meeting of
Allied of New Jersey.
Fay Wray, who leaves for England
today, will return in time to play a
featured role in "Cardinal Richelieu"
with George Arliss.
Helen Hoerle and Maurice
Marks have organized a publicity
service under the name of Hoerle-
Marks.
William Gedris of Ideal Seating
Co., Grand Rapids, arrived yesterday
and leaves Friday for the furniture
city.
Dave Levy, New Jersey branch
manager for M-G-M, leaves Dec. 21
for a month's vacation in Miami.
Ben Lyon and Bebe Daniels art
registered at the Lombardy, but speni
the week-end in Baltimore.
William Brandt, after five days it
bed with the grippe, is up and arounc
again.
Lanny Ross has been signed to ai
exclusive Brunswick record contract
Preston Foster is in from th(
coast and is at the Warwick.
Lyda Roberti has been given a nev
Paramount contract.
William Scully is in Boston. Re
turns Friday.
Ampa's Star Lineup
Jeanne Aubert, Fred Stone, Eva L
Gallienne, Eleanor Smith, Arthui
Tracy, Jimmy Savo, Roy Atwell, Ne<
Wayburn, Dorothy Gish, Barbar;
Kent, Harry Edington, Sam Wood
Myrtle Leonard, Blossom Seeley
Harry Green, Eddie Peabody and Ro;
Ford's orchestra will be Ampa guest:
tomorrow.
Mrs. Grainger Better
Mrs. James R. Grainger, wife o
Universal's general sales manager, i:
gaining ground steadily following i
serious illness. Her condition, earliei
regarded as critical by her doctors
has improved sharply. She is now
off the danger list and in the recuper
ative stage.
Reade Considers Miami
Walter Reade will decide late thi.'
week on plans to build a $125,00(
theatre in Miami. He plans to leave
for the southern resort sometime nexi
month, or in January.
THE DICTIONARY
THAT CAME
RUNNING OUT
OF A
PROJECTION
telegraph office so that 60
of the World's Foremost
Critics could blanket the
globe with the good news —
(next page is JOYFUL.')
The telegraph wires are flashing it to
every corner of the waiting world—
GARBO's GREATEST!
(Quick! Put these reviews into your lobby!)
" TAINTED VEIL' is a truly fine picture. GARBO is more beautiful and more sincere than ever before ..."
— Dan Thomas, NEA (Syndicated to 700 daily newspapers)
"A most striking picture that will be popular everywhere. GARBO is at her best ..."
— Rosalind Shaffer, Chicago Tribune Syndicate (Syndicated to 500 daily newspapers)
''GARBO retains her magic. GARBO as lovely as she looked in 'The Torrent: 'In 'PAINTED VEIL' GARBO
has life, charm and unforgettable beauty ..."
— Mollie Merrick, No. American Newspaper Alliance (Syndicated column in 50 metropolitan dailies)
" 'PAINTED VEIL' is fine as a production and affords GARBO full sway of her emotional talents of which
she takes full advantage. It presents a greater, more beautiful and sympathetic GARBO . . ."
Warren Stokes, Associated Publications
"GARBO's performance is truly magnificent . . ." — Jerry Hoffman, Los Angeles Examiner
" 'PAINTED VEIL' is great. GARBO is more vitally human, more fascinating than ever before. MAR-
SHALL is superb . . ." — William Mooring, Daily Express Film Weekly, England
" 'PAINTED VEIL' presents tense drama with human appeal. From beginning to end the performances of
GARBO and MARSHALL superb in emotional delicacy. . . "
— Colonel Duckworth-Ford, Reuters (all papers throughout British Empire)
"GARBO surpasses GARBO in 'PAINTED VEIL . . ."—Paula Walling, Vlntransigeant, Paris
"GARBO is more beautiful than ever before. 'PAINTED VEIL' as a picture is superb ..."
— Ruth Waterbury, Editor Movie Mirror
"GARBO at her best. MARSHALL fine..."— Dorothy Donnel Calhoun, Western Editor Motion Picture Pub.
"GARBO again proves her great superiority. . . " — Leonard Clairmont, Film Jurnalen Sweden
"Blessed by GARBO's magic presence 'The PAINTED VEIL' is distinguished and powerful. You will
enjoy it..." — Katherine Dougherty, Editor Photoplay
" 'PAINTED VEIL' presents first lady of the screen in all that is first in fine entertainment . . ."
— Regina Cannon, Western Editor Modem Screen
"Never before has GARBO been more appealing than in 'PAINTED VEIL . . ."
— Toto Davidson Ecran of Chile Sintonia Argentina,
"In 'PAINTED VEIL' GARBO gives convincing flawless performance. There is a new quality in her voice
and acting and most appealing mellowness with a tinge of the mysteriousness of the land which is the locale
of the story. 'PAINTED VEIL' is undoubtedly her greatest achievement ..."
— Dr. Albin Peterson, Swedish Tribune News
"GARBO more human than ever before in a really interesting story. MARSHALL and BRENT fine in
.support . . ." — J. D. Spiro, Cleveland Plain Dealer
"GARBO's work finer than ever before. Her performance offers greater versatility . . ."
— Edwin Schallert, Los Angeles Times
"GARBO more alluring and fascinating than ever before . . ."
— Elizabeth Wilson, Western Editor Silver Screen
"This picture brings to screen a different GARBO. She is more human,
more fascinating than ever before . . ."
— John Mitchell, Western Editor, New Movie
"A greater GARBO and a truly great picture. It should do a great deal to
enhance her popularity the world over . . ."
— Eugene Chrisman, Western Editor, Fawcett Publications
"A new and more human GARBO. 'PAINTED VEIL' is her most enter-
taining picture..." — James Fidler, Western Editor, Screenland
Get ready for the
GARBO SMILE!
Wednesday, November 21, 1934
MOTION PICTURE
DAILY
Kansas City's
Clearance May
Furnish Model
{Continued from page 1)
suggested conferring with Kansas
City exhibitors before passing the
plan. At the same time admissions
were ruled out. Schaefer and Golden
were elected to visit Kansas City in
an effort to clear the plan for imme-
diate approval.
With the compromise, exhibitors
are victorious in their fight to retain
admissions as guiding factors in clear-
ance to a certain degree. That is,
until one exhibitor ou'bids the next
for protection.
Distributors also gained a point
when the clause was inserted in the
tentative compromise that an exhib-
itor can be sold a priority run despite
admission.
Campi has insistently refused to
adopt any of the many schedules
which have come before it for ap-
proval because admission price clauses
have automatically relieved distributor
of the right to sell protecton. Ths
has been pointed out from time to
time in Motion Picture Daily.
Exhibitors, however, have held that
prices are the only means by which
clearance can be set up. The compro-
mise in Kansas City takes in both
viewpoints, and in face of the pro-
tracted delay in getting a plan in
force, indications are that Campi will
put its official okay on . the modifica-
tions tomorrow.
Attending the Kansas City hearing
last week were W. Ray Johnston,
Harry H. Thomas, Charles Reagan,
western division sales manager for
Paramount ; John Balaban and R. C.
LiBeau in addition to Schaefer,
Golden and Tyree Dillard, Jr., code
legal aide.
Objections Creep In
Kansas City, Nov. 20. — With ex-
hibitors prepared to meet Wednesday
to discuss the compromise agreement
on the local schedule, it is understood
objections have been raised to the ten-
tative plan whereby distributors can
sell priority runs to theatres charging
similar admissions.
If the local board and Campi veto
the compromise, little hope is held
that Code Authority will adopt a
clearance plan. According to some,
the belief is that distributors do not
want new clearance and zoning sched-
ules and desire to continue selling as
they are presently.
Cases Against Reade
Ruled on Tomorrow
Two overbuying cases against Wal-
ter Reade were heard by the New
York grievance board yesterday. De
liberation and decision was postponed
until tomorrow. The first case was
that of the Liberty, Freehold, N. J
against the Strand, same city. The
second was the Liberty, Plainfield,
against the Strand, Oxford and Para-
mount, same city.
Leo Justin acted for Reade in both
instances. Reade listened to both
cases as they were presented yester-
day. He didn't seem much concerned
about them.
Moves Impend
On Clearance
In N. Y., N. J.
{Continued from page 1)
that is the hope with which the men
left New York last week.
In asking for schedules for New
Jersey and Philadelphia, the move is
designed to break up the Warner
zoning dominance in these territories,
it is said. The New York move is
designed to upset the Loew protection
and clearances against independents
in zones where the circuit is heavily
entrenched.
Nathan Yamins may make the pro-
posal for the New Jersey plan, since
a petition by Allied of New Jersey
has been before Campi and tabled.
The New York schedule will most
likely be broached by Charles L.
O'Reilly, president of the T.O.C.C.,
Harry Brandt, head of the I.T.O.A.,
recently stated that as soon as the
local union situation is straightened
out his unit would sign the code and
the first demand would be a clearance
schedule.
Kuykendall Bangs
Clearance Delays
(Continued from page 1)
and zoning, the sole subject to which
the current five-page bulletin is de-
voted.
"The code provision for establishing
openly negotiated and published clear-
ance and zoning schedules," he writes,
"was hailed as the principal benefit the
individual subsequent run exhibitor
would receive from the code. More
legal expense was incurred probably
in drafting this clause than any other
in the code. But what has happened?
The code, signed by President Roose-
velt Nov. 27, "1933, has not resulted
in establishing a single maximum
clearance and zoning schedule as yet.
A few minor, individual complaints
have been disposed of, but no general
plan has been approved for any city
or territory."
The bulletin closes by urging ex-
hibitors to demand of local boards,
Code Authority and distributors "an
honest, practical solution" of the clear-
ance and zoning problem.
Campi Appeal Body
Gets Four Plaints
Four grievances were heard by
Campi's appeal committee yesterday
consisting of Austin C. Keough, chair-
man, William Sussman and Joseph
Seider. The cases were :
Denham Theatre, Inc. and Interna
tional Amusement Co., against Gen
eral Theatres, Inc., Aladdin Theatre
Corp. and Centennial Theatres, Inc
on distribution of automobiles ; Roy
Parry, Oriental, Indianapolis, against
Roosevelt, same city, on country store
nights ; Barton R. McLendon, State,
Clarksville, Tex., against F. L. Wolf
and O. A. Englebrecht, Colonial, same
city, on overbuying; R. E. Martin,
Texas, Memphis, Tex., against M.
Boren and Mrs. Max L. McClure,
Palace and Ritz, same city, on over-
buying.
Fight Won by ITOA
On 306 Injunction
(Continued from page 1)
fight against the 'injunction submitted
nine questions, but only that as to
whether the writ was properly granted
was answered. In its ruling the ap-
peals tribunal held the other ques-
tions remained unanswered because
they were unnecessary to the decision.
An opinion written by Judge
Leonard Crouch accompanied the de-
cision, in which all the judges of the
court concurred.
Rigney Stops Last
Bank Night in K. C.
Kansas City, Nov. 20. — Using
cessation of film service as its weapon,
the local grievance board has won its
fight to persuade J. F. Rigney to dis-
continue bank nights at his Westport
Theatre. Rigney has filed a certificate
of compliance.
The board's final desist order, up-
held by Campi on appeal, was served
on Rigney, Oct. 18, but he continued
to defy the board until he found he
would soon be without product.
Bank nights have now been abol-
ished entirely in Kansas City. Two
city exhibitors who had contracted for
the service canceled their contracts
when it was made clear the board was
determined not to permit the practice
here. Another theatre quit when stop-
page of film service was threatened.
The practice, however, is going
strong in the territory, the Dickinson
circuit having just signed contracts
with R. W. McEwan, territorial dis-
tributor, for its entire string of 19
theatres.
A unique twist to the situation is
that Dickinson had filed four bank
night complaints against competitors.
Upon signing for the service, he asked
the board to hold three of the cases
in abeyance, and it is understood they
are to be dismissed. The fourth com-
plaint, against C. B. McAleer, Or-
pheum, Parsons, Kan., was determined
in Dickinson's favor and later ap-
pealed.
Poll on Gifts Planned
Milwaukee, Nov. 20. — That the
question of giveaways is to be put to
a vote in Milwaukee County was
learned today when the local clearance
board defined that territory as the area
within which the Hollywood Theatre
here stands. The request to define the
proper area under the code was made
to the board by the theatre.
Thomas Reaches Dallas
Dallas, Nov. 20. — Seeking new
distribution territory, Harry Thomas,
head of First Division Exchanges, has
arrived here after spending Saturday
and Sunday in Kansas City. Thomas
said he may open new exchanges and
was also contacting prospective dis-
tributors for the new March of Time
newsreel.
Bromberg to Celebrate
Arthur C. Bromberg, head of dis-
tribution for Monogram in the south,
celebrated his 25th anniversary in the
industry this month. He has always
been an independent distributor and
for the past 20 years has been asso-
ciated with W. Ray Johnston, presi-
dent of Monogram.
Purity Drive
Justifiable,
States Kent
(Continued from page 1)
opinion that the issue involved proc-
esses and not basic principles.
He also divulged that Fox planned
to increase its output of one-reelers
and to drop two reelers and cited a
company plan of reissuing "Caval-
cade" here next Armistice Week.
Periodically, the film will be revived,
added Kent.
Educational furnishes the bulk of
the Fox short subject program. Earle
W. Hammons, president of the com-
pany when asked to comment on the
London report outlining Kent's plan,
said yesterday he could not credit it.
"As a matter of fact," explained
Hammons, "we have done just the
opposite for the new season and have
trimmed the approximate 100 single
reelers released last season to 52 for
the new season. Correspondingly, we
have increased the output of two-
reelers to 62 for 1934-35."
England Now Out of
Depression — Sehenck
(Continued from page 1)
own interest in either London Films
or British & Dominions. He said the
former would make four this season
and Alexander Korda, production ex-
ecutive of the company, will be here
in three weeks.
Sehenck stated no arrangements had
been made to release here the Winston
Churchill feature on the London Films
schedule. He said it may be broken
up into shorts for American distribu-
tion. The U. A. head also stated the
company does not contemplate adding
theatres abroad at this time. He added
that a number of the French cast of
"Folies Bergere" were on the Paris
enroute to the coast to appear in the
French version of the film Darryl
Zanuck will make with Maurice
Chevalier and Merle Oberon.
George Arliss, on the Majestic with
Sehenck, declared that he had no plans
set after he completes "Cardinal
Richelieu" for Zanuck and two Gau-
mont British films. Arliss plans to
leave for the coast in two weeks. He
said business conditions, particularly
in the picture industry, are extraor-
dinarily good in England.
i(Black Ivory" Second
FitzPatrick Feature
(Continued from page 1)
Technicolor unit leave for Africa after
the first of the year for native back-
ground material.
Following "Black Ivory," FitzPat-
rick will go to Hollywood and make
a feature based on "The Loves of
Franz Liszt." M-G-M in all prob-
ability will release the feature as well
as the 12 Technicolor "Traveltalks"
next season.
Fox Signs Dinehart
Hollywood, Nov. 20. — Alan Dine-
hart, currently appearing in Fox's
"Lottery Lover," has been signed to a
long term acting-writing-directing
contract by the company.
TOMORROW NIGHT'!
Polls Open From Coast to Coast at 8 P. M
(Eastern Standard Time)
LECTION NIGHT!
<ee
PJ^ Qtf* ~0/<*
n
Jiwf one o/ dozens of national advance plugs for "SweetMusic. "
Just a hint of the high-pressure ballyhoo we're lining up for
THE BIG SHOTS" ««■ WARNER BROS.
DICK POWELL & RUBY KEELER
in 'FLIRTATION WALK
IRENE DUNNE
in "SWEET ADELINE"*
MUNI in "BORDERTOWN"*
JAMES C AGNEY & PAT O'BRIEN
in "DEVIL DOGS OF THE AIR"4
' GOLD DIGGERS OF 1935"°
VALLEE in "SWEET MUSIC"*
AL JOLSON & RUBY KEELER
in "GO INTO YOUR DANCE"0
PAUL MUNI in "BLACK HELL"0
MAX REINHARDT'S "MID-
SUMMER NIGHT'S DREAM
ANTHONY ADVERSE"
with ALL-STAR CAST
*A Warner Bros. Picture °A First National Picture Vitagraph, Inc., Distributors
MOTION PICTURE
DAILY
Wednesday, November 21, 1924
Pennsylvania
Hopeful Over
Sunday Shows
(Continued from page 1)
its most ardent champions. The huge
gains of the Democrats in the elec-
tions this month, therefore, are gener-
ally accepted as auguring well for the
success of the cause not only of Sun-
day movies, but of a generally liberal
Sunday program in the new Legis-
lature which will assemble the first
of the year.
Strength is added to this conviction
by a post-election statement by Joseph
F. Guffey, Democratic U. S. Senator-
elect, and recognized leader in the
determination of the party's policies
in the state, in which he reiterated his
party's intention to promote liberal
measures under the New Deal.
"We have in our fold," said Guffey
in a recent Pittsburgh speech, "a vast
majority of the liberals and progress-
ives of the state. We Democrats are
pledged to new ideals in political life,
and we want not only the vote but
the counsel and the aid of every liberal
in Pennsylvania."
Democratic Gains Heavy
Exact figures on the Democratic
gains in the legislature show an in-
crease from a minority membership of
66 in the old lower house to a majority
membership of 119. Total member-
ship is 208. In the new Senate, the
total membership of which is 50, the
Democrats will have 17 seats to 33 for
the Republicans, whereas in the old
Senate the party alignment was only
seven Democrats to 43 Republicans.
Already there are intimations that
sufficient Republican Senators will
line up with the Democrats, on a com-
promise basis, to assure the success of
many of the measures that are to be
introduced with the backing of Demo-
cratic Governor-elect George H.
Earle.
It is significant, too, that in the
last regular session — Republican con-
trolled— many Republican Senators
were in favor of more liberal Sunday
laws. This was made evident in the
action of the Legislature in adopting,
with Democratic sponsorship, the
present law which legalizes Sunday
baseball in communities which vote
for it on the local option basis.
In fact the Legislature's recent
adoption of the Sunday baseball law,
which repealed some features of the
1794 blue laws against Sunday amuse-
ments, was viewed as an opening
wedge likely to be followed by the
removal of the Sunday film ban in the
coming legislature, even if the friendly
Democrats had not made their im-
pressive gains.
Loew Boston Net $93,185
Boston, Nov. 20.— Loew's Boston
Theatres Co. had a net income after
depreciation and other charges of
$93,185, equal to 60 cents a share on
155,249 shares for the year ending
Aug. 31. Last year the company re-
ported a net loss of $14,970.
Watts Editing Reviews
The new Literary Digest review de-
partment is being edited by Richard
Watts, Jr., of the Herald-Tribune,
under the pen name of 'Argus."
MOTION PICTURE DAILY*
HOLLYWOOD PREVIEW
"One Hour Late"
(Paramount)
Hollywood, Nov. 20. — Light romantic comedy with music, giving Joe
Morrison, known for his introduction and popularizing of "The Last
Roundup," ample opportunity to bring out his vocal qualities in conjunc-
tion with fine acting which should establish him as potential starring
timber.
The principal action takes place in a stalled elevator in a metropoli-
tan city building, where Stenographer Helen Twelvetrees can't decide
between Morrison, a clerk, and Boss Conrad Nagel. Miss Twelvetrees
contemplates week-ending at the boss' house. Morrison proposes to the
office girl, but when all concerned, including the boss' wife, get trapped
in the elevator, the strain of becoming marooned brings everyone around
to the right track. Husband and wife start anew, with Miss Twelve-
trees and Morrison condescending to become one after he gets an offer
from a radio broadcasting concern.
Clever situations, plus a large cast and catchy songs, manage to keep
the offering moving fast and furious, with laughs, pathos, suspense and
surprises.
Ralph Murphy's excellent direction milks every situation dry with the
aid of the expert acting of the cast. The film is from Libbie Block's
original, with treatment by Paul Gerard Smith and Katharine Scola.
Ben Reynold's photography, handicapped by the limited range of the
backgrounds, is excellent.
Code seal No. 373. Running time, 75 minutes. "G."
The Fighting Trooper"
(Ambassador Pictures)
Hollywood, Nov. 20. — Maurice Conn's initial effort as an independent
in his proposed series of eight James Oliver Curwood stories for the
state right market is a creditable job in an outdoor picture of the North-
west Mounted type.
The story centers around Kermit Maynard, Charles Delaney, two
mounties, and a wrongly accused bandit, LeRoy Mason, whose sister is
Barbara Worth. They deliver convincing portrayals of their respective
roles, woven into an unusual plot sustaining suspense and supplying plenty
of action from beginning to end. The story upholds the loyalty and
determination of the mounties with situations and action falling into the
natural groove of the story without force or liberties of logic.
Aside from capable action of the entire cast, photography of the natural
Northwest country is beautiful and the way Ray Taylor has handled
the direction is commendable, particularly in building up the hair-
raising anti-climaxes. Production as a whole should please all lovers of
outdoor action pictures. No code seal. Running time, 58 minutes. "G."
Looking 'Em Over
"House of Danger"
(Sam Efrus)
Commonplace and outmoded in treatment, this Peerless production
must take its chances on double feature programs. The acting does
little to retrieve the film from mediocrity. An exception is Onslow
Stevens and maybe one or two others. The whole business has about
it the appearance of a hasty pudding.
While Stevens and his pal (James Bush) are returning to the States
after 10 years in the South Seas, their ship blows up. The latter is hurt,
but begs Stevens to go on and pass himself off as Bush in order to
protect the girl he loves (Janet Chandler) against the scheming of a
relative (William Farrell), who is suspected of having had a hand in
the death of his father.
The expected happens : Stevens falls in love with his pal's gal. He is
for making a clean breast of it, but, under urging, he decides to continue
the masquerade until Farrell and the butler (Desmond Roberts), the
hired assassin who did away with Bush's father, are brought to justice.
The police are kept out of the case when the guilty duo are killed when
their car overturns during their getaway. The romantic angle is solved
when Miss Chandler chooses Stevens to Bush.
The direction is by Charles Hutchison. No code seal. Running time,
67 minutes. "G."
M-G-M Takes Over
Trailers Shortly
(Additional review on page 11)
(Continued from page 1)
distribution has continued to be
through National Screen Service
under the contract with that company
which does not expire until next
month. Linking of M-G-M's trailer
production and distribution service for
the actual start in December has en-
gaged company executives for some
time past and final arrangements are
now being made.
Nicholas M. Schenck will give
some attention to the company's
trailer activities during his current
coast trip, it is said, as will Felix F.
Feist, general sales manager, on his
return to Culver City from a Hono-
lulu vacation trip. Fred Quimby.
short subject sales manager; Si Sead-
ler, of the M-G-M advertising de-
partment, and Oscar Doob, of Loew's
advertising and publicity, also con-
ferred on M-G-M's trailer activities
during their recent studio visits. Alan
Cummings, of the home office dis-
tribution department, has been visiting
exchanges and holding regional meet-
ings for the past several months on
trailer booking and physical distribu-
tion arrangements.
Penn MPTO for 15%
Trailer Price Cut
Philadelphia, Nov. 20. — A 15 per
cent reduction in the blanket rates of
National Screen Service is urged in
the current issue of "Contact," the
weekly bulletin of M.P.T.O. of East-
ern Pennsylvania, Southern New
Jersey and Delaware, because of the
inception of M-G-M's own trailer
service next month, in addition to the
same service by Warners.
The individual M-G-M and Warner
trailer service, the exhibitors' publica-
tion states, will reduce the value of
National Screen's blanket service to
75 per cent on trailers for major com-
pany product. Allowing 10 per cent
for trailer service on independent pic-
tures, the bulletin declares that there
should then be a 15 per cent reduction
in National Screen's charges.
Weeks Appoints More
George W. Weeks, general sales
manager of Gaumont British, has ap-
pointed four more to his sales staff.
They are L. C. Montgomery, new
salesman in Dallas ; Lee Scamahorn,
added to the staff in Los Angeles as
salesman, Harry Goodwin as booker
and Paul De Outo is the new sales
manager there.
Plan Livingstone Film
Londox, Nov. 20. — Gaumont Brit-
ish plans a film based on the life of
David Livingstone and has offered
the part to George Arliss. Voters in
a press ballot selected him as best
fitted for the part.
Preview for Charity
"Jack Ahoy," Gaumont British mu-
sical, will be shown at a special pre-
view for the benefit of the Traveler's
Aid Society at the Ritz-Carlton Dec.
3 at $10 a head.
Wray Opposite Hurlbert
London, Nov. 20. — Fay Wray's
contract with Gaumont British calls
for the lead opposite Jack Hurlbert
in "Alias Bulldog Drummond."
142 out of 150
Western Electric Sound Systems — installed
seven years ago — operate today in the same
theatres, with unmatched quality.
Unit design — highest possible standards of manufacture
— ERPI Service — have made this possible.
Westcrtk
VOICE
lectric
SOU N I) h"H SYSTEM
\11ril1iTi1 Eli'dric in (.'aiinda
Distributed by
Electrical Research Products Inc.
250 West 57th Street, iNew York
10
MOTION PICTURE
DAILY
Wednesday, November 21, 1934
"Widow" Gets
$18,000 2nd
Boston Week
Boston, Nov. 20. — While Boston
grosses dropped a bit under the pre-
vious week, business was well above
the general average, led by the "Merry
Widow" at Loew's State. Held over
for a second week, after being high
for the previous week, it grossed $18,-
000, $2,000 above average with $37,000
for the two weeks.
"Limehouse Blues" at the Metro-
politan held the high mark for the
week, up $4,000 from average, while
"The Age of Innocence" at Keith's
was $3,000 above average for that
house.
Total first run business was $106,000.
Average is $94,000.
Estimated takings for the week end-
ing Nov. 15 :
"BY YOUR LEAVE" (Radio)
BOSTON— (2,900), 25c-50c, 7 days.
Vaudeville. Gross: $18,500. (Average, $16,-
000)
"ST. LOUIS KID" (Warners)
"ELINOR NORTON" (Fox)
FENWAY— (1,800), 30c-50c, 7 days. Gross:
$9,500. (Average, $9,000)
"THE AGE OF INNOCENCE" (Radio)
KEITH'S — (3,500), 25c-65c, 7 days. Gross:
$19,000. (Average, $16,000)
"MERRY WIDOW* (M-G-M)
LOEW'S STATE— (3,700), 35c-50c, 7 days,
2nd week. Gross: $18,000. (Average, $16,000)
"LIMEHOUSE BLUES" (Para.)
METROPOLITAN— (4,350), 30c-65c, 7
days. Frances Arms Revue. Gross: $32,000.
(Average, $28,000)
"ST. LOUIS KID" (Warners)
"ELINOR NORTON" (Fox)
PARAMOUNT— (1,800), 30c-50c, 7 days.
Gross: $9,000. (Average, $9,000)
"One Night" Gets
>,400, Portland
Portland, Nov. 20. — "One Night of
Love" was the outstanding attraction,
holding the spotlight at the Paramount
and securing $9,400, over normal by
$4,400.
The opening of the new Mayfair
was most gratifying, "Lady by Choice"
bringing in $4,000, or $1,000 over
normal.
"The Gay Divorcee" was held over
for a fourth week. It secured another
normal take of $2,000 in its third.
"Big Hearted Herbert," together
with a stage show featuring Edward
Arnold, drew $4,500 at Hamrick's Or-
pheum, $1,500 over the usual gross.
Total first run business was $31,900.
Average is $25,000.
Estimated takings for the week end-
ing Nov. 16:
"OUTCAST LADY" (M-G-M)
"I SELL ANYTHING" (F. N.)
BROADWAY— (1,912), 25c-35c-40c, 7 days.
Gross: $4,700. (Average, $5,000)
"THE LAST GENTLEMAN" (U. A.)
ORIENTAL— (2.040). 25c, 7 days. Gross:
$2,500. (Average, $2,000)
"BIG HEARTED HERBERT" (Warners)
HAMRICK'S ORPHEUM— (1,700), 25c-
35c-40c, 7 days. Stage show. Gross: $4,500.
(Average, $3,000)
"THE GAY DIVORCEE" (Radio)
MUSIC BOX— (1,000), 25c-35c, 7 days, 3rd
week. Gross: $2,000. (Average, $2,000)
"LADY BY CHOICE" (Col.)
MAYFAIR— (1,700), 25c-35c, 7 days. Gross:
$4,000. (Average, $3,000)
"ONE NIGHT OF LOVE" (Col.)
PARAMOUNT— (3,008), 25c-35c-40c, 7
days. Stage show. Gross: $9,000. (Average,
$5,000)
"TRANSATLANTIC MERRY-GO-
ROUND" (U. A.)
UNITED ARTISTS— (945), 25c-35c-40c, 7
days. Gross: $4,800. (Average, $5,000)
Hollywood Personals
Hollywood, Nov. 20.— Pat O'Brien's parents visiting him from
the east. . . . Tom Buckingham's widow, Jane Buckingham, gets
a role in 'North Shore" at Warners. ... Ray Jones has moved
his still camera to Columbia. . . . Richard Dix host to a party at
Levy's Tavern. . . . Louis B. Mayer, who usually wears dark suits,
now appearing in grey. . . . Evelyn Venable chirping about her
new contract with Paramount. . . . Margaret Hamilton started life
as a kindergarten teacher. . . . Max Baer's brother,
Buddy, is here to visit Max. . . . Ann Sothern has acquired a
cottage in Palm Springs. . . . Jean Arthur partied the cast and
crew of "Passport to Fame" at Columbia with her winnings on
the Stanford-U.S.C. game. . . . Earle Kenton's father, "Pop" Ken-
ton, is playing a role in "Feud" at Columbia. . . . Valerie Hobson
gets her first film lead in "Rendezvous at Midnight" at Uni-
versal. . . . Albert DeMond has been assigned to write an original
for Columbia titled "Mistaken Identity." . . . Maureen O'Sullivan's
pa is in town from England. . . . Thelma Todd is building an
annex to her beach restaurant where she will serve grouse and
partridge cooked in wine and stuff like that. She calls it the
Joya. . . . Lewis Stone spotted in "West Point of the Air" at
M-G-M. . . .
6E very Woman'
And Ellington
Capital's Top
Washington, Nov. 20. — "What
Every Woman Knows," starring
Washington's own Helen Hayes, to-
gether with Duke Ellington and his
orchestra on the stage, brought Loew's
Fox to the top of the Capital's pile last
week with a gross of $23,100, or $2,600
over average.
A return engagement of "Judge
Priest" — making the third downtown
week — took Loew's Columbia over par
bv $2,400 with a gross of $5,500.
Buddy Rogers and his band, in com-
bination with "Gentlemen Are Born,"
was worth only $18,400 to the Earle,
$800 over par.
"One Night of Love," playing its
fourth and final week at the Metropoli-
tan— and its fifth downtown week —
faded out on a neat $4,800 to make a
grand total of $58,100 for 37V2 days,
beating the 36-dav run of "It Hap-
pened One Night" by $3,100.
"The Merry Widow" took the to-
boggan in its second week, sliding from
$20,000 the first week to $7,900 in its
second. Despite the drop, the Cheva-
lier-MacDonald opus is marked for
Loew's Columbia the week beginning
Nov. 23.
The week's total was $68,200, down
$3,000 from a par $71,200. _
Estimated takings, exclusive of tax,
for the week ending Nov. 15 :
"GENTLEMEN ARE BORN" (Warners)
EARLE— (2.218). 25c-77c, 7 days. Stage:
Buddy Rogers and orchestra, with Emily
Van Loesen. Jack Douglas. Jeannie Lang.
Three Rhvthm Rascals. Gross: $18,400.
(Average. $17,600)
"JUDGE PRIEST" (Fox)
LOEW'S COLUMBIA— (1.264). 25c-40c. 7
davs (return engagement). Gross: $5,500.
(Average. S3. 100)
"WHAT EVERY WOMAN KNOWS"
(M-G-M)
LOEW'S FOX— (3.434). 25c-66c, 7 days.
Stage: Duke Ellington and band, with Four
Blazers. Ivie Anderson. Earl Tucker. Gross:
$23,100. (Average. $20,500)
"THE MERRY WIDOW" (M-G-M)
LOEWS PALACE— (2.370). 35c-77c. 7
davs. 2nd week. Gross: $7,900. (Average.
$14,500)
"ONE NIGHT OF LOVE" (Col.)
METROPOLITAN— (1.591). 25c-40c. 7
days (return engagement, 4th week). Gross:
S4.800. (Average. S4.100)
"LADY BY CHOICE" (Col.)
RKO- KEITH'S — (1.836). 25c-55c. 7 davs.
'La Cucaracha" added. Gross: $8,500. (To-
tal for nine-day run, $12,000.) (Average,
$11,400)
"Prentice" Is
Kansas City's
$11,000 High
Kansas City, Nov. 20. — "Evelyn
Prentice" was the leader in a dull
week, topping average at the Midland
by $1,000 for a take of $11,000.
Total first run business was $35,940.
Average is $36,100. Estimated takings :
Week Ending Nov. 14:
"LIMEHOUSE BLUES" (Para.)
NEWMAN— (1,800), 25c-40c. 7 days, plus
Saturday midnight show. Gross: $6,300.
(Average. $7,000)
"PECK'S BAD BOY" (Fox)
UPTOWN— (2,000), 25c-40c, 6 days. Gross:
$2,840. (Average. 6 days. $3,100)
Week Ending Nov. 15:
"THE CAPTAIN HATES THE SEA"
(Col.)
MAINSTREET— (3,100). 25c-35c-45c, plus
tax, 7 days, plus Saturday late show.
Stage: "Bowery Follies," with Wilson
Bros.. Mayfield Trio, Georgia Hall, Mickey
Carroll, Chuck Connors' Band, Andv An-
derson. Gross: $8,000. (Average. $9,000)
"EVELYN PRENTICE" (M-G-M)
MIDLAND— (4.000), 25c-40c. 7 days, plus
Saturday midnight show. Gross: $11,000.
(Average. $10,000)
"HOUSEWIFE" (Warners)
TOWER— (2.200). 25c-35c. 7 days, plus
Saturday midnight show. Stage: "Parisian
Gayeties." with Sibyl Bowan; Barrv. Breen
& Wyler; Three Burke Sisters; Al" Mardo;
The La Rues; Paul Spor, m. c. Gross:
$7,800. (Average, $7,000)
"Prentice" Strong
Indianapolis Draw
Indianapolis, Nov. 20. — "Evelyn
Prentice" pulled the heavy money here
last week by garnering $6,000 at the
Palace, over the line by $1,500.
Total first run business was $28,-
250. Average is $25,000.
Estimated takings for the week end-
ing Nov. 17 :
"PECK'S BAD BOY" (Fox)
APOLLO— (1.171). 25c-40c. 7 days. Gross:
$3,250. (Average, $2,500)
"LIMEHOUSE BLUES" (Para.)
CIRCLE — (2.638) . 25c-40c, 7 days. Gross:
S4.000. (Average, $4,000)
"THE PURSUIT OF HAPPINESS"
(Para.)
INDIANA — (3,133). 25c-40c. 7 days.
Gross: $6,500. (Average. $7,000)
"ST. LOUIS KID" (Warners)
LYRIC— (1.896). 25c-40c, 7 davs. Vaude-
ville. Gross: $8,500. (Average." $7,000)
"EVELYN PRENTICE" (M-G-M)
PALACE— (2,431), 25c-40c, 7 days. Gross:
1,000. (Average, $4,500)
"Widow" Hits
High $20,000
On the Loop
Ch icago, Nov. 20. — Outstanding in
a week of spotty business, "The Merry
Widow" piled up $20,000 at the Roose-
velt, going over the normal take by
$9,000.
At the same time "Straight Is the
Way," helped by a stage show at the
Oriental, grabbed a fine $19,000, over
the line by $4,000, and "One Night of
Love," in its fourth week at the Gar-
rick, was $3,000 up on an $8,000 gross.
"The Gay Divorcee," also in its fourth
week, held up to $22,500 at the Palace.
Total first run business was $135,-
500. Average is $129,600.
Estimated takings :
Week Ending Nov. 13:
"THE MERRY WIDOW" (M-G-M)
ROOSEVELT — (1,591), 25c-35c-50c, 7 days.
Gross: $20,000. (Average, $11,000)
Week Ending Nov. 15:
"PECK'S BAD BOY" (Fox)
CHICAGO— (4.000), 25c-35c-68c, 7 days.
Stage: Jackie Cooper in person. Ann Green-
way, The Yacopis. Gross: $30,000. (Average,
$34,600)
"ONE NIGHT OF LOVE" (Col.)
GARRICK— (900). 25c-35c-40c, 4th week,
7 days. Gross: $8,000. (Average, $5,000)
"STRAIGHT IS THE WAY" (M-G-M)
ORIENTAL— (3.940), 25c-40c, 7 days.
Stage: Benny Davis & revue. Gross:
$19,000. (Average. $15,000)
"THE GAY DIVORCEE" (Radio)
PALACE — (2.509). 25c-35c-50c, 4th week,
7 days. Stage: Polly Moran, Carl Freed,
Maurice Colleano and familv. Gross: $22,500.
(Average. $22,000)
Week Ending Nov. 16:
"TRANSATLANTIC MERRY-GO-
ROUND" (U. A.)
UNITED ARTISTS— f 1.700), 30c-40c-60c, 7
davs. Gross: $16,000. (Average, $17,000)
"THE ST. LOUIS KID" (Warners)
APOLLO— (1.400), 25c-35c-50c, 7 days.
Gross: $7,000. (Average. $12,000)
Week Ending Nov. 17:
"LIFE OF VERGIE WINTERS" (Radio)
(Third Loop Week)
STATE-LAKE— (2.776), 20c-25c-35c, 7
days. Stage: Verne Buck, Moore & Revel,
Eve Maria revue. Gross: $13,000. (Average,
$15,000)
"Crime" and Show
Lead in Oklahoma
Oklahoma City, Nov. 20. — Helped
by a stage show, "Crime Without Pas-
sion" ran up to $2,400 in four days
at the Liberty. This is $400 over a
normal take for a week.
"Evelyn Prentice" reached a par
$5,000 at Warners, but business else-
where was away off.
Total first run take was $12,300.
Average is $13,500.
Estimated takings for the week end-
ing Nov. 17:
"EVELYN PRENTICE" (M-G-M)
WARNERS— (1.900). 10c-20c-36c-41c-56c, 7
days. Gross: $5,000. (Average. $5,000)
"HELL IN THE HEAVENS" (Fox)
MIDWEST— (1.500). 10c-26c-36c-56c, 7
davs. Gross: $2,600. (Average. $4,000)
"3S5 NIGHTS IN HOLLYWOOD" (Fox)
CAPITOL— (1.200), 10c-20c-26c-36c-41c. 7
davs. Gross: $1,800. (Average. $2,500)
"CRIME WITHOUT PASSION" (Para.)
LIBERTY— (1-500). 10c-15c-26c-36c. 4 days.
Stas-e show. Gross: $2,400. (Average,
week. $2,000)
"GAMBLING" (Fox)
LIBERTY— (1,500), 10c-15c-26c-36c. 3 davs.
Gross: $500. (Average week, $2,000)
Kennedy Quits Seattle
Seattle, Nov. 20. — Arthur J. Ken-
ned}', recently appointed advertising
manager for the Jensen-Von Herberg
circuit, has resigned and is returning
to Los Angeles to re-enter studio pub-
licity work.
MOTION PICTURE
DAILY
Looking 'Em Over
"In Old Santa Fe"
(Mascot)
Average Ken Maynard western. The story is the usual thing — that
of the hero coming to the rescue of the heroine's father as one way of
winning the girl. Maynard with his pal, Gene Autry, meets Evalyn
Knapp on the road as she is en route to her father's resort in the moun-
tains. Kenneth Thomson and his aide, Wheeler Oakman, are after
H. B. Warner's property in addition to his gold mine.
Thomson frames Maynard on several occasions and almost succeeds
in his designs, but the hero pulls the last straw, which happens to climax
the villain's chance.
Juveniles may be a trifle disappointed. There's not as much gun play
and hard riding as in previous Maynard outdoor thrillers, but a definite
redeeming factor for the youngsters is "Tarzan." The horse is around
pretty much. The photography by Ernie Miller and William Nobles is
very good.
No production code seal when caught. Running time, 63 minutes. "G."
Wednesday, November 21, 1934
Insiders' Outlook
{Continued from page 2)
which figure so importantly in
Paramount's rapidly-forming, new
framework. . . .
T
There are those who fail to
cheer over the record of the
earlier Paramount management.
They argue the board might bet-
ter be comprised of outside men
and not managerial appointees
who, by their presence on the
board, might find it more or less
simple to approve deals of their
own making. There are others
who recall some of the eventually
disastrous theatre deals with
which Paramount had to grapple
subsequent to that memorable
fall of '29. They are believed to
incline away from appointments
drawn too closely from the man-
agement, fearing a recurrence of
the near debacle of several years
ago. . . .
▼
On the other hand, substantial
factors in the maze fail utterly
to see how the company can
successfully proceed without a
substantial representation on any
board of men who know the ins
and outs of the business. These
interests, when they unburden
themselves in conversation, recog-
nize that the bankers have built
up no illustrious record for them-
selves in this field and that the
harm they have done has far
outweighed the good. Designat-
ing the first eight in order to
move the reorganization closer
to its consummation may be nec-
essary, since it is the new board,
or part of it, which must present
the plan for the court's considera-
tion, but the aftermath is im-
portant, too. Any film man, of
course, knows what the bankers
have failed to do in the past.
Those who wish Paramount the
best may well hope and hope
hard, therefore, that this time
downtown won't dominate too
completely. . . .
T -
February 1, incidentally, looms
stronger and stronger as the date
on which the newly-born com-
pany will begin to function. Sev-
eral weeks may be required by
Judge Coxe to study the plan, the
anticipation being that he will
view it as satisfactory, less a few
minor changes. The procedure
calls for a hearing, the lodging
of complaints of which there
may be some, perhaps many, and
finally approval by individual
stockholders and bondholders
themselves. This latter step will
prove lengthiest in point of time,
but the machinery is moving in
wholesale through the creditor,
stockholder and debenture hold-
ing groups which have been
working for months through their
organized committees. . . .
T
Some of the skeptics now want
to know how Fox Theatres,
whose principal assets in receiv-
ership are a common stock own-
ership in Fox Metropolitan, itself
in bankruptcy, is going to carry
to a conclusion that anti-trust
action filed against Erpi in Fed-
eral court here. The litigation,
if pressed, would take years to
conclude, and money. Fox The-
atres, a defunct holding company,
was itself made a defendant in an
action by the Philadelphia Mort-
gage Guaranty Co. last week to
recover $389,436 for alleged
propertv and tax defaults. . . .
KAN N
Allied Eyes Three
Convention Cities
Allied is eying three key centers
for its national convention in January.
The spots in mind are New York,
Washington and Chicago.
Decision will be made on the city
after the two-day national directors'
meeting in New Orleans on Dec. 11-
12. Abram F. Myers in all probabil-
ity will be chairman of the New Or-
leans session.
From present indications Washing-
ton may be the focal point of Allied's
annual talkfest because of the legis-
lative plans in view.
Allied Is Checking
On Selling Policies
(Continued from page 1)
Baltimore on Monday, reported that
this unit was making a comparison
of sales policies. M-G-M and Para-
mount were the two companies dis-
cussed.
It was revealed that most compa-
nies' policies are not as stringent out
of town as in New York. One of the
companies which had been insisting on
weekly payments for shorts whether
used or not was said to be relenting on
this plan.
Gar bo Going Abroad
Hollywood, Nov. 20. — It is re-
ported here that Greta Garbo is sail-
ing for Sweden for the Christmas
holidays, but the exact date of her de-
parture is not known.
New Marquee for Savoy
Walter Reade will put up a new
$14,000 marquee at the Savoy within
the next few days.
To Organize Fight
Against Censorship
{Continued from page 1)
a policy of opposition to proposals for
Federal censorship, either through the
code or by creation of a new author-
ity, or state censorship, with a demand
that control be left exclusively to the
industry, to agencies representing the
audience and, in extreme cases, crim-
inal prosecution.
The organization also plans to go on
record as opposed to radio censorship
or any censorship of the press or mail.
The object of the conference, it was
declared by Roger Baldwin, director
of the Union, will be to "unite all
available forces in support of measures
in Congress and by the Administra-
tion directed against repressive prac-
tices relating to the radio, motion pic-
tures and the press."
Price Stabilization
In K. C. Is Jolted
(Continued from page 1)
Loew's Midland balcony prices. Upon
the heels of the announcement came
word that the Tower, independent
first run, had decided to slash from a
35-cent top to 25 cents for all seats,
beginning Friday. On the same day,
starting with "Kid Millions," the Mid-
land cuts its balcony prices from 40 to
25 cents nights and from 25 to 15
cents afternoons until 6 P. M.
The Mainstreet's slash last week
from 50 to 40 cents is generally cred-
ited with starting the price-cutting
wave as the house deviated from" the
agreement adopted by circuit heads at
the start of this season to maintain
higher first run prices. Other first
run cuts are expected shortly, but the
Publix Newman will stay as is for the
time being, it is understood.
Berlin Is Engaged
For Radio Musical
Hollywood, Nov. 20. — B. B. Ka-
hane today signed Irving Berlin to do
the score for a Radio musical ex-
travaganza called "Top Hat." All the
leading players in the cast of "Gay
Divorcee" will be used in the film,
with Fred Astaire and Ginger Rogers
co-starred.
Berlin starts work tomorrow, col-
laborating with Pandro Berman and
Mark Sandrich on preparations for
the picture.
II
Omaha World Lease
Acquired by Blank
Omaha, Nov. 20. — The 99-year
leasehold on the World Theatre has
been purchased by the A. H. Blank
Tri-States Theatre Corp., from the
World Realty Co., headed by Ralph
Goldberg, manager of the Town and
Avenue theatres.
Blank has been operating the house
on a rental basis for a number of
years. The house will be closed Dec.
5 for redecoration, including replace-
ment of 2,200 seats and new sound
equipment. It will be opened on
Christmas day, with a new marquee,
exterior sign and new name. The
World is the third of Blank's first
runs, the others being the Paramount
and Orpheum.
Included in the deal was an agree-
ment with Goldberg to close the State
permanently, a downtown second run
house which will be turned into a
commercial business house.
Hornstein on His
Own in Equipment
Joe Hornstein, who recently re-
signed as head of Continental The-
atre Accessories, Inc., a Warner sub-
sidiary, has formed Joe Hornstein,
Inc., to handle theatre supplies. Of-
fices will be opened within the next
few days.
William Glick, who was with Horn-
stein when the latter was in business
for himself and also as local mana-
ger for National Theatre Supply,
again has lined up with Hornstein in
the new enterprise.
Salt Lake Trade Up
17.2% for October
Salt Lake City, Nov. 20. — Retail
trade here for October was 17.2 per
cent greater than for the same period
last year, according to a survey of the
Federal Reserve Bank of San Fran-
cisco.
For the entire Twelfth District
sales were up 20 per cent over
October last year. Spokane topped
the list and Seattle made the poorest
showing with a gain of 10.4 per cent.
$25,300 Pledged to Chest
Hollywood, Nov. 20. — Pledges to-
taling $25,300, representing 11.2 per
cent of the quota for the industry,
were reported today at the first com-
mittee meeting of the film division of
the Community Chest at the offices of
the M. P. Producers' Ass'n. Subcom-
mittees were named for each studio,
with the drive officially getting under-
way tomorrow.
Booked by First Division Exchanges in East.
Jewel Productions— 723 7th Ave., N.Y.C.
REGINA'S BUSINESS IS REVIEWING MOVIES .... AND
SHE KNOWS HER BUSINESS LIKE NOBODY'S BUSINESS!
from the Axotxitm . . . To All A merle a . . . Regina Crewe speaks —
Here's what she says about "EVENSONG" NOW AT THE ROXY:
'Exquisite entertainment, romance, comedy, drama and tragedy are
knit together with threads of golden song . . . Evelyn Laye has a voice
to charm the birds from the trees, princes from their thrones, and audiences
from their seats . . . You'll leave the theatre after an exhilarating
evening of delightful music, moonlit romance and touching, poignant
drama. It is a first rate film .. .'Evensong1 rivals 'One Night of Love.'"
— Regina Crewe, N. Y. American
COMING . . . GEORGE ARLISS in THE IRON DUKE
A GAUMONT BRITISH PRODUCTION • PHYSICAL DISTRIBUTION • FOX EXCHANGES ■ CANADA, REG Al FILMS. LTD.
The Leading
Motior
Picture
Industry
MOTION PICTURE
DAILY
Alert,
Intelligent
the In
in All
Branches
VOL. 3(
}. NO. 122
NEW YORK, THURSDAY, NOVEMBER 22, 1934
TEN CENTS
Para. Plan in
Few Days Now
Is Indicated
Adjournment of Hearing
On Suit Significant
Completion of the Paramount Pub-
lix reorganization plan and the pros-
pect of its being submitted to the Fed-
eral court here for hearings within
a matter of days was reflected yes-
terday in the consent of counsel for
Paramount Publix trustees to an ad-
journment to Dec. 3 of their action
against the $13,300,000 Paramount
creditor bank group.
Counsel for the trustees has con-
sistently opposed adjournments of the
action before Federal Judge Alfred
C. Coxe in the past on the ground
that the Paramount reorganization
plan, embodying a settlement of the
banks' claims, was too remote to re-
lieve the trustees of their duty of
{Continued on pane 6)
Seek License Bans
On Free Broadcasts
Restrictions in broadcasting licenses
to end free shows to large crowds are
to be sought by the legitimate the-
atre code authority. This is a new
angle of a move started several
months ago, following which commit-
tees were named both by the film and
theatre code bodies to study the prob-
lem.
No report has been made as yet
and the theatre authority contends the
unfair competition of both the NBC
and CBS networks is retarding the-
atre recovery.
George Dawes Made
FarnoVs Successor
George Dawes yesterday was ap-
pointed Samuel Goldwyn's publicity
representative in New York, succeed-
(Continued on page 6)
Cold Storage Stuff
Kansas City, Nov. 21. —
Marquee advertising on "The
Return of the Terror" at
Dubinsky's Liberty provoked
some chuckles. The sign
read: "Swell entertainment
— It will grow icicles on your
heart."
Fox Interests in G. B. May
Pass to Lord Beaverbrook
London, Nov. 21. — Sale of Fox Film's 49 per cent in Gauniont British
is being discussed by S. R. Kent with Lord Beaverbrook and no longer
with John Maxwell of British International, Motion Picture Daily
heard today on reliable authority.
Beaverbrook was a factor of importance in the original holding com-
pany. It was he who sold the Provincial Cinematograph Theatres, Ltd..
big English circuit, to Gaumont British, thereby furnishing the latter
with the hub of its subsequently developed theatre chain throughout
Britain.
If the negotiations with Beaverbrook are closed, he would become
virtually a 50 per cent partner and remove from G. B. interests foreign
to Great Britain as partners. Beaverbrook definitely is interested if
the question of price can be arranged. Lord Lee of Fareham, who for
long presumably held the two per cent of G. B. stock controlled neither
by Fox nor Gauniont, and so the balance of power, is interested in keep-
ing the company all-British.
Conferences
Here to Iron
FWC Details
Remaining details of operation of
Fox West Coast Theatre Corp. under
the reorganized plan recently ap-
proved by the U. S. District Court
in Los Angeles on Nov. 19 will be
completed between Charles Skouras
and Chase National Bank next week.
Skouras, accompanied by Edward
Zabel, his secretary ; James Davidson,
statistician, and Ralph S. Harris, of
Hughes, Schurman and Dwight, ar-
rive tomorrow for the conferences.
First meetings will be held Monday
with Herman G. Place, vice-president
of Chase. The sessions are expected
to last two weeks, during which
Skouras will sign the joint 10-year
(Continued on page 6)
Ship film by National Film Carriers, Inc.,
and be certain of on time delivery. — Advt.
Columbia Up 70%
In Europe — Cohn
Columbia's business in Europe has
increased 70 per cent in the last two
years, Jack Cohn, vice-president,
stated yesterday upon his return on
the Conte di Savoia. He was away
a month surveying the company's ex-
changes in England, Italy and France.
"Business in England is terrific,"
Cohn asserted. "Italy is intensely in-
terested in its own situation and is
anxious to make better pictures," he
said. "The producers there are now
in a move to get American players
and try for international appeal."
He signed no production talent
(Continued on page 4)
British Will
Censor Parts
Of Newsreels
By BRUCE ALLAN
London, Nov. 21. — Under the ar-
rangement by which all films shown
in British theatres must be certifi-
cated by the British censors, an ex-
ception has heretofore been made in
favor of "photographs of current
events."
This immunity has now been modi-
fied by new "model conditions" issued
by the Home Office to apply only to
scenes showing "actual events recorded
in the press at or about the time of
the exhibition."
The aim of the new rule is to con-
trol composite films showing past
events and to subject to censorship
(Continued on page 4)
Schulberg to Make
Films on New Basis
Hollywood, Nov. 21. — His con-
tract with Paramount nearing its ex-
piration, B. P. Schulberg, it was
learned today, will proceed to pro-
duce independently, releasing through
as many distributors as may want his
product.
Schulberg's plan is to offer eight
pictures yearly, each made independ-
ently of the others and presented upon
completion to major distributors for
examination. The one offering the
best terms will receive that individual
film with no advance arrangement for
succeeding releases. On the other
(Continued on page 4)
K. C. Approves
Campi Zoning
Modifications
See Acceptance of New
Plan by Campi Today
Kansas City, Nov. 21. — Protection
bargaining and practically all other
recommendations laid down by George
J. Schaefer and Edward Golden on
their visit to Kansas City last week
as official representatives of Code
Authority have been incorporated in
a new draft of the local clearance and
zoning schedule completed by the board
here tonight. The new plan returns
this area to the protection system for
the first time in four years.
The draft is being rushed to New
York by air mail in time for the
Campi meeting there tomorrow. The
schedule is now in Campi's lap.
While the board is keeping the pro-
visions of the schedule secret until
(Continued on page 4)
Thirty Appeals Set
For Campi Hearings
Thirty appeal decisions are on tap
for Campi approval today. These in-
clude clearance and zoning and griev-
ances of every nature. In addition,
Code Authority will act on six amend-
ments to the vaudeville section of the
code. These involve actor-labor re-
lations in vaudeville.
Deputy Administrator William P.
Farnsworth will substitute for Divi-
sion Administrator and Code Compli-
ance Head Sol A. Rosenblatt. Ed
Kuykendall, who yesterday blasted
(Continued on page 4)
Industry Measures
Seen in 43 States
Introduction of numerous state and
national measures affecting the indus-
try is anticipated with the scheduled
opening in January of 43 state legisla-
tive sessions and that of the national
Congress.
Virtually all state governments are
(Continued on page 6)
Bernerd Denies
London, Nov. 21. — Jeffrey
Bernerd today entered a defi-
nite denial of reports that he
would resign from Gaumont
British to become managing
director here of Radio
Pictures.
MOTION PICTURE
DAILY
Thursday, November 22, 1934
MOTION PICTURE
DAILY
(Registered U. S. Patent Office)
Vol. 36
November 22, 1934 No. 122
Martin Quigley
Editor-in-Chief and Publishe
MAURICE KANN
Editor
JAMES A. CRON
Advertising Manager
holi-
, sub
Inc.,
Published daily except Sunday and
days by Motion Picture Daily, Inc.
sidiary of Quigley Publications
Martin Quigley, President; Colvin Brown,
, ice-President and Treasurer.
Publication Office: 1790 Broadway. New
York Telephone Circle 7-3100. Cable ad-
dress "Quigpubco, New York." All con-
tents copyrighted 1934 by Motion Picture
Daily Inc. Address all correspondence to
the New York Office. Other Quigley pub-
lications: MOTION PICTURE HERALD,
BETTER THEATRES, THE MOTION
PICTURE ALMANAC and THE CHI-
CAGOAN. „ , TT ■ T • r
Hollywood Bureau: Postal Union Life
Building, Vine and Yucca Streets, Victor
M Shapiro, Manager; Chicago Bureau: 407
South Dearborn Street, Edwin S. Clif-
ford Manager; London Bureau: Remo
House, 310 Regent St., London, W. 1,
Bruce Allan, Representative. Cable address:
"Ouigpubco, London"; Berlin Bureau:
Berlin - Tempelhof , Kaiserin - Augustastrasse
28, Joachim K. Rtitenberg, Representative;
Paris Bureau: 19, Rue de la Cour-des-
Noues, Pierre Autre, Representative; Rome
Bureau: Viale Gorizia, Vittorio Malpassuti,
Representative; Svdney Bureau: 102 Sus-
sex Street, Cliff Holt, Representative; Mex-
ico City Bureau: Apartado 269, James
Lockhart, Representative; Glasgow Bureau:
86 Dundrennan Road, G. Holmes, Repre-
sentative; Budapest Bureau: 3, Kaplar-u.
Budapest, II, Endre Hevesi, Representa-
tive; Moscow Bureau: Civtzev Vrazhek.
N. 25, Apart. 146, Moscow, U. S. S. R..
Bella Kashin, Representative. Cable ad
dress: "Samrod, Moscow."
Entered as second class matter, January
4, 1926, at the Post Office at New York
City, N. Y., under Act of March 3, 1879
Subscription rates per year: $6 in the
Americas, except Canada $15 and foreign
$12. Single copies: 10 cents.
Washington Allied
Opposes Dog Races
Spokane, Nov. 21. — A definite
stand against dog racing has been
taken by Allied of Washington.
Arthur H. Bishell, vice-president, pre-
sided at a meeting here at which action
was taken.
It was also decided to oppose con-
tinuance of the occupational tax on
theatres wheh amounts to one and one
half per cent of the gross. A petition
will be presented to the legislature to
have the tax reduced to one half of
one per cent to conform with that
now imposed on retailers.
Unfair competition being given by
colleges and schools and double biti-
ng were discussed. It was also dis-
closed that many houses in the ter-
ritory are showing a profit.
Stair Fall Injures
16 in Quebec Hall
Quebec, Nov. 21. — Sixteen children
were injured when a stairway leading
to a second-floor hall collapsed under
the load of 150 juveniles as they
crowded to see a film under religious
auspices in St. Saveur Parish. St
Peter's Hall, where the accident oc
curred, was built 36 years ago and
according to ex-Alderman Arthur
Drolet, two of whose children were
casualties, the place had never been
inspected.
Theatre managers will now prob
ably make another attempt to secure
revision of the Quebec Moving Pic
ture Act which prohibits admission of
children under 16 to regular theatres,
yet allows juveniles to attend shows
in church halls without proper exits
and with makeshift projection equip-
ment.
The restriction on theatres was a
result of the Laurier Palace disaster
in Montreal on Jan. 9, 1927, when 78
children were killed on the stairs lead-
ing from the balcony.
Baer Accepts Offer
To Do Mexican Film
By JAMES LOCKHART
Mexico City, Nov. 21. — Max Baer
has accepted the offer of James N.
Crofton, ex-proprietor of a Tia
Juana resort who is now running the
Casino at Cuernavaca, a tourist center
near here, to play a role in his pro-
posed picture, according to Ancil
Hoffman. The picture will be based
on Carleton Beal's novel, "Black
River," which deals with the oil fields
of Tampico.
Crofton has also made offers to
Dolores Del Rio, Mona Maris and
Don Alvarado and hopes to start pro-
duction here in the near future.
Roxy Incorporates
For Phila. Venture
Dover, Nov. 21. — Roxy-Philadel-
phia Corp. has been chartered here,
listing capital stock of 1,000 shares,
no par value. The incorporators are
L. H. Herman, D. O. Newman and
Walter Lenz of Wilmington.
March of Time, Inc., has been in-
corporated to deal in all kinds of
films, records, upon which voices,
music or other sounds are recorded,
listing a capital of $200,000. The in-
corporators are Russell A. Smith,
Jackson Heights, L. I. ; Henry G.
Walter, Elmhurst, L. I.
The first named is the organization
through which S. L. Rothafel will
operate the Mastbaum. Philadelphia,
and the second is the new newsreel to
be sponsored by Time.
Lease Bucyrus House
Bucyrus, O., Nov. 21. — William
P. Newman and Cliff A. Scaufele.
local theatre men, have leased the
Bucyrus Opera House for musical
shows this winter, the first to be pre-
sented on Nov. 23 by the Hollywood
Players.
It is planned to wire the house and
later include pictures.
Phila. Police Out
For Roxy Job Rush
Philadelphia, Nov. 21. — Police re-
serves were needed to handle over
2,000 applications for jobs as ushers
for Roxy at the Mastbaum today.
Roxy advertised for inexperienced
youths for a noon hearing. The line
began forming at 8 A.M., Roxy is
refusing boys with previous experi-
ence. He says he wants to train his
own crew.
Hornstein Closes Deal
First deal of Joe Hornstein, Inc.,
since Hornstein's return to the inde-
pendent theatre equipment field is with
Max Cohen for reseating the Stadium,
119th St. and Third Ave., seating
1,202.
W. H. Carrier Wins Medal
The medal of the American Society
of Mechanical Engineers for 1934 has
been awarded to Willis H. Carrier of
Newark for research in air condition
ing, it has been announced by the
society.
Carrier is past president of the
American Society of Refrigerating
Engineers and of the American So-
ciety of Heating and Ventilating
Engineers.
The award will be presented during
the annual meeting of the society, be
ginning Dec. 2, in the Engineering
Societies Building.
Purely
Personal ►
ELEANOR POWELL and Bill
Robinson have left for the coast
to report to Fox. Miss Powell will
be in "George White's Scandals," and
Robinson in "The Little Colonel."
Neil Agnew and Milt Kusell at
the Tavern yesterday. Others spotted
included Bob Goldstein, George
O'Brien, James A. FitzPatrick, and
Abe Schneider.
R. K. Hawkinson, Latin Ameri-
can manager for RKO, is on his way
home after a two months' trip in Cen-
tral America.
Abe Montague is excited over
Passport to Fame," the Eddie Robin-
son picture for Columbia. Says that's
all the studio is talking about.
H. Leopold Spitalny, Chicago mu-
sical director, will be guest conductor
at the Roxy for a week starting to-
morrow.
Merle Oberon left yesterday for
Hollywood to start work in "Folies
Bergere de Paris."
Harry Edington and Barbara
Kent leave for the coast today.
Bud Barsky left yesterday for the
coast.
Rebecca of Rebecca and Silton,
coast agents, is in town.
Jack Cohn busy shaking hands at
the Tavern yesterday.
Loew in London Soon
London, Nov. 21. — Arthur M. Loew
is due here from South America on
Nov. 26. He may determine M-G-M
future policy in Germany while here
Novarro on His Own
Hollywood, Nov. 21. — Following
the completion of his current picture
for M-G-M, Ramon Novarro plans
the production of an independent fea-
ture from his own story for the Span-
ish market. It will be called "Against
the Current" The old Tiffany Studios
will be used.
Columbia Up 2 on Big Board
Net
High Low Close Change
Columbia Pictures, vtc 39 36 39 +2
Consolidated Film Industries 354 354 354 + 54
Consolidated Film Industries, pfd 1754 1654 17% + 54
Eastman Kodak 11154 110 11154 +154
Eastman Kodak, pfd 142 142 142 —1
Fox Film "A" 1354 1354 1354 + 54
Loew's, Inc 3454 3354 3354 — 54
Loew's. Inc.. pfd 101 101 101
Paramount Publix, cts 354 354 3% + 54
Pathe Exchange 154 154 1*4
Pathe Exchange "A" 1554 1 5 1 5 — 54
RKO V/i 154 1% + 54
Warner Bros 454 454 454 + 54
Trans Lux Advances % on Curb
Net
High Low Close Change
Technicolor 13 12'/$ 12% — 54
Trans Lux VA Wa- 17A + 54
Para. Bond Issues Make Heavy Gains
Net
High Low Close Change
General Theatre Equipment 6s '40 854 854 854 + 54
General Theatre Equipment 6s '40, ctf 854 754 8 — 54
Keith B. F. 6s '46 64 64 64 — Yt
Loew's 6s '41. ww deb rights 104 10354 103% — Yt
Paramount Broadwav 554s '51 4354 42% 43 +2
Paramount F. L. 6s '47 6054 5654 5954 +254
Paramount Publix 554s '50 6054 5754 60 +354
Warner Bros. 6s '39, wd 5954 5854 5854 — 54
Sales
1,900
200
1.200
900
10,000
500
8.100
100
16.400
1.200
700
3.100
1,900
Sales
600
200
Sales
10
10
10
12
19
150
250
10
RKO Closes Three Deals
RKO has closed deals for the entire
1934-35 lineup with M. A. Light-
man's circuit in Arkansas and Ten-
nessee and the Crescent Amusement
Co. of Tennessee, Kentucky and Ala-
bama. The Lightman deal was han-
dled by Cresson Smith, RKO western
and southern district manager, and
Page Baker, Memphis branch man-
ager. The Crescent deal was handled
by Hubert M. Lyons, Atlanta RKO
manager, and Tony Sudekem for
Crescent.
Asta Films of Bucharest has also
taken the entire lineup for Rumania.
This deal was handled by H. W.
Leasim, Paris manager. Leasim is at
present in Turkey.
ITOA Discusses Victory
Chief discussion at the I.T.O.A. reg-
ular meeting yesterday was the victory
over Local 306 by the exhibitor or-
ganization. On Tuesday the New
York Court of Appeals ruled that a
temporary injunction granted Local
306 was improper.
No report was made by
mittee on Allied affiliation,
sion broke up early due
Brandt's hasty departure.
the com-!
The ses-j
to Harry
Clark Represents Union
Members of Local 95, Theatre &
Amusement Employes Union, early
yesterday elected Robert Clark to !
represent employes of Harlem theatres
in negotiations with owners for a new
contract embodying provisions for a
closed shop, minimum wages and max-
imum hours. A strike vote in the
affected theatres in the event of a
failure of the negotiations by Friday
was carried.
■
MOTION PICTURE
DAILY
K. C. Approves
Campi Zoning
Modifications
Hollywood Personals
Hollywood, Nov. 21. — Sam Goldwyn and Mrs. Goldwyn are at
Palm Springs for a short vacation. . . . Charles LeMaire has ar-
rived from New York to design the costumes for George White's
"Scandals'' for Fox. . . . Bert Wheeler and Robert Woolsey off
on a personal appearance. . . . Paramount wants Hugh O'Connell
for the leading role in "The Milky Way." . . . H. M. Harwood,
author of "Cynara," and Hans Wilhelm, famous German writer,
have arrived in town to begin writer's contracts at M-G-M. . . .
Edmund Lowe is limping after dropping a 30-pound diver's shoe
on his foot during scenes for "The Depths Below" at Columbia.
. . . Fred Keating has dismissed the detectives hired to locate his
dog. Fred found the pooch himself. . . . Preston Foster will play
the lead in "Behind the Green Lights" for Mascot.
4
(Continued from page 1)
Campi accepts or rejects it, Motion
Picture Daily learned authentically
that some provisions in the earlier
plan attacked by the independents
have been stricken out or revised in
line with the recommendations of the
Campi emissaries. It was said that,
with only two or three changes, the
clearance between runs remains the
same as in the plan previously pro-
posed.
It is understood the new plan elim-
inates the clause requiring subse-
quents to maintain a fixed admission
or be delayed 14 days in availability.
The clause preventing subsequents
from making price changes sooner
than every 30 days is understood elim-
inated, while the minimum and maxi-
mum availability periods between runs
have been retained.
The Loew's Midland price reduction
effective Friday caused some board
members to demand lower protection
than the stipulated 35 days in the
event first runs fail to maintain a 40-
cent night price. While the board
made no provisions to this effect in
the schedule, it adopted a supplemen-
tary resolution recommending that
Campi modify first run protection in
the event of price revisions.
Approval of the modifications in the
Kansas City clearance schedule by
factors in that territory indicates
Campi will put its stamp of approval
on the setup when it comes up for
consideration before it today, it is
understood.
Campi's action is said to depend
largely on the attitude of the Kansas
City exhibitors toward the plan. For
a while it seemed the theatremen
would turn it down. Now that they
have accepted the schedule Campi's
approval is considered a matter of
course.
George J. Schaefer and Edward
Golden, who went to Kansas City on
the plan as Campi's representatives,
will ask for its acceptance at today's
meeting of the authority.
See Schenck Taking
Up Producer Lineup
Hollywood, Nov. 21. — Nicholas M.
Schenck, here for conferences on
forthcoming M-G-M product, was re-
ported today to be taking up produc-
tion assignments and producer per-
sonnel involving some 15 executive
and associate producers.
He is said to have conferred yester-
day with David O. Selznick regard-
ing the latter's attitude on remaining
with the company, but those closely
associated with Selznick believe he is
determined on carrying out his inde-
pendent production project.
Seeks Drama for Young
Havke de Grace, Md., Nov. 21. —
Development of community and
school dramatics to save children
from the influence of objectionable
films was advocated here today by
Mrs. A. H. Reeve of Philadelphia in
an address at the 19th annual conven-
tion of the Maryland Congress of Par-
ents and Teachers.
Columbia Up 70%
In Europe — Cohn
(Continued from page 1)
while abroad and added Joseph Seidel-
man, head of the foreign department,
shortly will make another trip abroad.
No date has yet been set.
As soon as he cleared the customs,
Cohn made a bee line for the Astor
where a trade showing was being held
on "Broadway Bill."
M'. A. Schlesinger, head of De-
Forest Phonofilms, returned on the
same boat. He went over and came
back with Cohn and stated he nego-
tiated some "important business" while
in London but would not disclose the
nature of it at this time.
Ben Miggins, head of the European
Fox Movietone News division, also
arrived on the Italian liner. He is
here for his annual visit and plans to
stay until after the holidays. His
headquarters are in Paris.
Many See "Broadway Bill"
Prominent exhibitors and circuit
buyers as well as a number of bankers
were present yesterday at a preview
of Columbia's "Broadway Bill" at the
Astor. About 1,000 attended.
Hearing on Move to
Sell 4 in Phila. on
Philadelphia, Nov. 21. — Hearing
on the advisability of selling four the-
atres belonging to the William Frie-
hofer and Fred Nixon - Nirdlinger
estates started today at the City Hall
before John Blessing, Jr., and Donald
Hamilton, masters appointed by the
court.
Lionel Friedman, real estate broker,
testifying on Warners' bid for the
houses with the offer expiring Feb. 1,
said he had been negotiating for a
sale for a year and a half. He de-
clared if the executors refuse the offer
they will not receive a penny from
the properties because assessments and
rentals are so high he had been un-
able to get another buyer.
Frank Nirdlinger Passes
Philadelphia, Nov. 21. — Frank
Nirdlinger, 69, well known theatre
man and a former partner of the late
Fred Zimmerman, is dead here. He
is survived by his widow, Mrs. Sally
Nirdlinger ; a daughter, Virginia, and
a nephew, Samuel F. Nirdlinger.
Knox on Buffalo News
Buffalo, Nov. 21. — Charles Victor
Knox, formerly connected with the
Fawcett magazines, now is doing the
film column for the Buffalo Evening
Neivs.
SchuLberg to Make
Films on New Basis
(Continued from page 1)
hand, one company may release one,
some or all of the product on a com-
petitive bidding basis.
Included in the plan is said to be a
possible tieup for exclusive first
choice of New York publishers' com-
plete output of novels. A strong pos-
sibility also looms of a tieup with a
New York play producer, with Schul-
berg sharing part of the responsibility
of a show and the producer assuming
an interest in the picture production.
All proposed pictures, it is reported,
will be based on subjects having posi-
tive exploitation values, with the dra-
matic content of each hinging on some
phase of national or international
drama, current either as news or fic-
tion.
Thirty Appeals Set
For Campi Hearings
(Continued from page 1)
Campi's inaction on clearance and zon-
ing, will be absent at today's session.
Walter Vincent will alternate for
him.
^ Report of George J. Schaefer and
Edward Golden on the Kansas City
clearance and zoning schedule will be
taken up, but action depends on the
results of a session held by local ex-
hibitors yesterday.
Coast Board Again
Bans a Bank Night
Los Angeles, Nov. 21. — Despite the
return of four appeals on bank night
cases by Campi the local grievance
board has ruled against another bank
night. The complaint was by the
Oceanside Theatre against the Escon-
dido. A rehearing of the four cases
returned from New York is scheduled
for next Tuesday.
Dismiss Lease Charge
Albany, Nov. 21. — Sitting as an
Industrial Adjustment Agency, the
grievance board has dismissed the
Fayette Theatres, Inc., Utica, charge
against Kallet Theatres, Inc., Oneida,
in which it was alleged the latter com-
pany had interfered with negotiation
of a lease.
Gardel to Make 2 More
Carlos Gardel has been engaged to
make two more Spanish musicals for
release by Paramount International
Corp. Both will be made by the Exito
Corp. at Eastern Service Studios, As-
toria. Production will start shortly
after the turn of the year.
Thursday, November 22, 193* j
British Will
Censor Parts
Of Newsreels
(Continued from page 1 ) '
commentaries on such films, which'
may be of a "mendacious" character. J
It follows recommendations to thisJ
effect in the recent report of the
B.B.F.C.
The H.O. letter, obviously referring
to scenes of the Marseilles assassina-J
tions recently shown in news reel^
also includes a warning that the pro-
hibition of films "likely to be offensive)
to public feeling" applies to newsreels
which are thus indirectly broughf
under censorship.
* * *
Eddie Cantor is negotiating witl
George Black of the Palladium for a
stage engagement at that house earl>,
in 1935. The Palladium is a Genera j
Theatres property, controlled by Gau
mont British.
* * *
J. B. Priestly, author of "The Goor
Companions," will probably write ai
original story for George Arliss a:
the vehicle of the latter's second foi
Gaumont British.
* * *
A strike of electricians held up pro
duction on three pictures at the Brit
ish and Dominions studio for a da;
before differences arising out of th
interpretation of a working agreemen<
were settled.
* * *
Charles ("Buddy") Rogers ha
been signed by British Internationa
to star in "Dance Band" at Elstre^
This is a musical in which it is pro
posed to feature instrumental music on
a "biggest ever" scale. Marce
Yarnel, who recently completed "Girl
Will Be Boys," for B.I. P., is t
direct.
Pope Bans Own Picture;
Vatican City, Nov. 21. — It was re
ported here last night that Pope Piu
XI has refused to permit pictures q
himself or his sacred functions to ap*
pear on theatre screens.
He was quoted as saying : "It ij
unthinkable that pictures of Christ'
Vicar or his sacred functions shouK
appear on the very screens on whic
films offending the fundamental prir
ciples of Christian morals and con'
mon decency are projected."
Drive Hard on'Writers
The drive against objectionabl
films is putting scenario writers t
the test by necessitating a greate
display of ingenuity in getting aroun
risky situations, said Joseph L. Man
kiewicz, scenario writer, upon his ar
rival in town from the coast yesterda
accompanied by his wife. The resul'
he added, is better pictures.
Radio Assigns Corrigan
Hollywood, Nov. 21. — Lloyd Coi
rigan has been assigned to direc
"Buzzle of the Pepper Tree," a
Radio. The film will top spot Edn
Mae Oliver and James Gleason.
Warners Sign McCrea
Hollywood, Nov. 21. — Warner \
have signed Joel McCrea for two pic
tures, starting Jan. 1.
I
CROWDS ARE FLOCKING
THE WHITE PARADE"
Mooaejaw @ fV^Tv?
l\ ° Recina
LORETTA YOUNG
JOHN BOLES
Directed by Irving Cummings. Screen play by Sonya
Levien and Ernest Pascal. From the novel by Rian
James. Adaptation by Rian James and Jesse Lasky, Jr.
Saltillocs i -'P-BiVO
••j;'LEcjw
MOTION PICTURE
DAILY
Thursday, November 22, 1934
Para. Plan in
Few Days Now
Is Indicated
{Continued from page 1)
contesting the claims. Yesterday,
Arthur A. Ballantine, of trustees'
counsel, consented to the further ad-
journment asked by Morton G. Bogue,
of counsel for the creditor bank
group, without objection.
"The representation that the filing
of a reorganization plan is imminent
is satisfactory to us," Ballantine said,
"If the plan is ready we don't want
to press our action. If it isn't forth-
coming, as represented, in the very
near future, we can consult on new
procedure against the defendant
banks."
An original agreement to adjourn
only until Nov. 28, presumably with
the expectancy of the reorganization
plan being filed prior to that date, was
changed to Dec. 3 because of the
nearness of the first date to the
Thanksgiving holiday. There was
some indication that the plan might
be filed with Judge Coxe on Sat-
urday, as disclosed yesterday in
Motion Picture Daily.
In the meantime, in preparation for
the anticipated withdrawal of the
trustees' action, counsel for the bank
group will prepare a stipulation agree-
ing to the withdrawal of their ob-
jections, without prejudice for renew-
al, to examination of officers of the
defendant banks by trustees' counsel.
This will merely place the trustees in
a position where their motion asking
the examination may also be with-
drawn later.
Federal Judge Henry W. Goddard
today will hear creditors' attorneys
and counsel for the trustees on the
recent report and recommendation of
Special Master John E. Joyce which
reduced the applications for fees ag-
gregating more than $700,000 to ap-
proximately $370,000. The report was
referred to Judge Goddard yesterday
by Federal Judge Robert P. Patter-
son. It involves the allowances to
the trustees, their counsel, special
counsel and accountants for services
rendered during the Paramount bank-
ruptcy.
Zirn Move Defeated
Albany, Nov. 21. — The Court of
Appeals here affirmed without opinion
today the ruling of the Appellate di-
vision in New York denying to peti-
tioning Paramount Publix bondhold-
ers represented by Samuel Zirn au-
thority to institute actions against di-
rectors and officers of the company for
recovery of assets independent of ac-
tions brought by trustees of the com-
pany.
Zirn, asked to comment yesterday
on the Court of Appeals ruling, de-
scribed it as "inconclusive" except on
the question of his clients' right to
sue former Paramount directors if
they first obtain a judgment. In oth-
er respects, he maintained, his case is
unchanged by the higher court's rul-
ing.
Feist Lands Today
San Francisco, Nov. 21. — Felix F.
Feist arrives from Honolulu tomorrow
and will repair to the M-G-M studio
for a couple of weeks.
Looking 'Em Over
"The Battle"
(Leon Garganoff)
This film leaves the reviewer with a series of mixed impressions.
Viewed as a straight piece of entertainment, it is exceptional. The
drama of the story is built up with cold logic, the tempo shifting and
gaining pace until it reaches a climax in a stirring naval battle and taper-
ing off to an end which finds both the principal characters — an English
and Japanese naval officer — dead. One is killed in battle, the other a
suicide.
The story is concentrated on the sinister fatalism of a Japanese officer
who is ready to sacrifice his wife's honor to gain secrets from a British
naval attache. At the height of the battle the Japanese officer is wounded,
the Englishman takes command and is killed, and the Oriental commander
ceremoniously kneels before an altar robed in white and stabs himself.
Back on land a new type of Madame Butterfly waits, knowing that her
husband will not return.
The naval scenes are thrilling. The work of Charles Boyer as the
Japanese officer, of John Loder as the Englishman and of Merle Oberon
as the Japanese wife is splendid. The picture was directed in France
by Nicolas Farkas with the dialogue in English.
But some angles that stir this reviewer's curiosity are : Was it timed
to fit with the insistent Japanese demand for naval parity at the London
conference ? Was the fact that the Englishman took command tinged
with any deeper meaning? Was there any purpose in making the targets
of the Japanese guns American warships with the familiar basket masts ?
This picture, intentionally or not, seems to get into the field of inter-
national relations at their most sensitive point.
Every big navy man and armament maker will think it's a film master-
piece ; others with no interest in these angles will think it an interesting
piece of entertainment. But how a Japanese victory will set with the
American public is something else to engage the consideration of ex-
hibitors here.
No code seal. Running: time, 87 minutes. "G."
MOTION PICTURE DAILY*
HOLLYWOOD PREVIEW
'Father Brown, Detective'
(Paramount)
Hollywood, Nov. 21. — "Father Brown, Detective," is a story of a
small town parish priest whose knowledge of human nature arouses his
uncanny detective instinct in regenerating a shrewd jewel thief, a novel
twist that should command attention.
The picture gets away from the formula of ordinary detective dramas,
adding down-to-earth human interest which is made impressive by the
fine characterizations of the principals.
Walter Connolly, as the priest, arouses sympathy and feeling as Paul
Lukas, the crook, and Gertrude Michael, an heiress, are enmeshed in a
delicate romance that pulls the heartstrings.
Contrary to the hangup, fast continuity found in the usual detective
yarn, this moves slowly, playing more for an understanding of the
characters, yet never becoming boresome. It contains many surprising
situations in a battle of wits between the crook and priest.
Connolly's final reformation of the crook does not clear Lukas from
the law, but it leaves a pleasant impression that through his regenera-
tion Lukas' sentence may be reduced, enabling him to return to his wait-
ing sweetheart.
The production is artistically mounted, contrasting modern Paris en-
vironment with lavish settings photographed well by Theodore Sparkuhl
under the able direction of Edward Sedgwick from Gardner Sullivan's
treatment of Gilbert K. Chesterton's original. Production Code Seal No.
374. Running time, 65 minutes. "G."
"College Rhythm," tonight's preview at the Paramount, ivas covered jrom
Hollytvood by mire on Oct. 29.
"Imitation of Life," being previczved tonight at the Roxy, was reviewed on
Nov. 20.
Tries Huge Invitations
Los Angeles, Nov. 21. — Invitations
to a preview of "The Mighty Bar-
num" have been Barnumized by Harry
Brand, publicity head of 20th Century
here. They are one sheets in blue
and red. The studio gateman will
wear stilts so he will not be buried
beneath them when the guests unfold
the sheets.
Conferences
Here to Iron
FWC Details
(.Continued from page 1)
contract with his brother Spyros as
the other signer. Spyros also will
play a part in the meetings. S. R.
Kent, president of National Theatre.*-
Corp., new holding company, and
head of Fox West Coast, will not
return from England for another three
weeks and will not attend the down-
town meetings. Charles is vice-pres-
ident and general manager of Fox
West Coast.
Bert Shipman, attorney for Chase,
who accompanied Skouras when the 1
latter left for Los Angeles two weeks
ago, returns in about three days. He
is cleaning up several incidental mat-
ters in connection with the reorgani-
zation.
Wisconsin Amusement Co., which is
the name for the reorganized Fox
Midwesco of which H. J. Fitzgerald
is head, was taken out of receivership
about a year ago. Fox West Coast
will be all set to go about Jan. 1 from
present indications.
National Receives
No Word from MPTO
National Screen has not as yet re-
ceived word from the M.P.T.O. of
Eastern Pennsylvania, Southern New
Jersey and Delaware, which is re-
puted to be in a move to urge a re-
duction of 15 per cent in the blanket
rates for service.
The denial came from Morton Van
Praag, general sales manager, when
queried by Motion Picture Daily
yesterday on the story. Van Praag
said that this was the first he had
heard of it.
George Dawes Made
FarnoVs Successoi
(Continued from page 1)
ing Lynn Farnol, who resigned re
cently to become associated with th<
advertising firm of Donahue and Coe
handling its Music Hall account
Dawes will work in association wit!
Hal Home, United Artists publicit?
and advertising chief, in the exploita
tion of Eddie Cantor and Anna Stei
productions.
Dawes comes from the newspapei
field. For the last four years he ha;
been connected with the World-Tele-
gram here and with other Scripps-
Howard papers.
Industry Measures
Seen in 43 Statei
(Continued from page 1)
in need of new taxation to finance re
lief programs and recoup deplete'
treasuries, indicating that the intro
duction of new industry tax measure
may be expected from many quarter;
Regulatory measures are also be
lieved likely to be introduced with th
opening of the legislative season as
result of the widespread publicity ac
corded the church decency campaig
during the past year.
Reissuing Arliss Films
London, Nov. 21. — Warners are re
issuing all of the Arliss pictures hen
The story of $496,240,000
at the box office — where it
comes from in 12,500 theatres,
by state and by city — and
where it goes in operation
of the shoiv business — the first
real, official, authentic
box office statistics of the
industry — now presented in
complete and analytical form
exclusively in
MOTION PICTURE HERALD
Lend
me
YOUR
EAR!
To tell you about
TOYLAND
BROADCAST
1 — A Single Reel (filmed in magnificent color) that makes screen history!
2 — Cleverly presenting in holiday fantasy many radio stars (Bing Crosby
Kate Smith, Four Mills Brothers, Paul Whiteman, etc.) charmingly caricaturec
at a toyland broadcast.
3 — One of M-G-M's brilliant series of Happy Harmonies produced b>
Harmon-Ising, one reel each, blending gorgeous color and music.
4 — Film Daily says: "A swell holiday special" Motion Picture Daily says
l( Exceptionally fine cartoon. Tremendous appeal"
5 — It's so good, M-G-M has prepared a Special Campaign Book, available
free at your branch.
6 — 'TOYLAND BROADCAST" on your Christmas program is the happiesi
holiday gift you can give your patrons. Act now and thank M-G-M later
The Leading
Newspapei
Motion^
Picture
Industry
MOTION PICTURE
DAILY
Alert,
Intelligent
the I
in All
Branches
VOL. 36. XO. 123
NEW YORK, FRIDAY, NOVEMBER 23, 1934
TEN CENTS
Hearing Begun
On Phila. Dual
Contract Suit
Monopoly Angle Figures
In First Testimony
Philadelphia, Nov. 22. — As the
hearing in the Harry Perelman double
featuring case began here today before
Judge George A. Walsh in Federal
court, the sentiment of local exhibitors
was that monopoly charges against the
major distributors would feature the
dual ban testimony. The suit is for
an injunction against dual bans in con-
tracts.
The presence of Edward Golden, I.
E. Chadwick, Jack Bellman and Irv-
ing Mandel, independent exchange
men, who conferred frequently with
Benjamin M. Golder, attorney for the
plaintiff, lent color to the theory.
The theory was also strengthened
by a hypothetical question put to
Charles Stieffel. South Philadelphia
exhibitor, by Golder, who wanted to
(Continued on page 6)
Court Permits Pathe
Stockholder Session
An order authorizing an extraordi-
nary meeting of stockholders of Path'e
Exchange, Inc., for the purpose of vot-
ing upon a plan of reorganization has
been issued by the N. Y. Supreme
Court. The meeting will be held at
2:30 P. M. March 4, 1935.
Lack of quorums at regular and spe-
cial meetings called for this purpose
forced company officials to apply to the
court for permission to hold an extra-
ordinary meeting in accordance with
Section 52 of the N. Y. Stock Cor-
poration Law.
H. S. Brown in New
Code Budgets Post
Washington, Nov. 22. — Appoint-
ment of Hiram S. Brown as special
assistant to the administrative officer
to act on all matters pertaining to
code authority budgets was announced
today bv the National Recovery Ad-
ministration.
Brown was for three years presi-
dent of RKO. He is an honorary life
member of the I. A. T. S. E.
Warner Nirdlinger
Bid Is $1,645,000
Philadelphia, Nov. 22. — A total
bid of $1,645,000, with a maximum
cash settlement of $240,000, was the
(Continued on page 14)
K. C. Clearance Is Delayed;
Campi Adjourns Until Tuesday
Failing to receive the modified Kansas City clearance and zon-
ing schedule by airmail yesterday, Campi recessed until next
Tuesday when another meeting will be held to pass on the plan.
Delay in sending the schedule is responsible for the adjourned
hearing, inasmuch as K. C. interests were working on the plan
until late Wednesday night.
Ten of the 30 pending appeals were disposed of yesterday in
addition to adoption of six vaudeville actor-labor amendments. No
mention was made of the recent Ed Kuykendall blast at Campi's
procrastination on clearance.
A petition signed by 30 studio employes asking amendment to
the clause dealing with relatives being employed as extras was
turned over to the production committee consisting of S. R. Kent,
Harold S. Bareford, W. Ray Johnston and J. Robert Rubin.
Attending the session were Deputy Administrator William P.
Farnsworth, Walter Vincent, Charles L. O'Reilly, Nathan Yamins,
George J. Schaefer, Johnston, Bareford, Joe Vogel and Willard
McKay.
Say Operator
Ruling Clears
Up Section 7A
Unions having no direct connection
with a particular controversy cannot
claim any rights under Section 7A of
the National Industrial Recovery Act
in New York under the terms of the
ruling of the Court of Appeals in the
Local 306-I.T.O.A. suit just decided
in Albany.
Unions not "directly affected" are
"outside unions" by the terms of the
decision. Only employes "directly af-
fected" have standing under this por-
tion of the act.
According to Milton C. Weisman of
Weisman, Quinn, Allan & Spett, who
(Continued on page 10)
Warning Is Issued
On Admission Tax
Washington, Nov. 22. — Sharp
warning that the Government expects
admission taxes to be paid on the basis
of "established price" rather than any
(Continued on page 14)
New Hurdle
Rises Over
Price Cuts
Kansas City, Nov. 22. — First run
slashes in admission here today cre-
ated a new hurdle for the proposed
Kansas City clearance schedule to
meet.
While the schedule, as drafted by
the local code board, probably will
be approved by Campi, the question
of what to do about Loew's Midland
and the Tower, which the other day
cut prices, is troublesome. Some board
members now believe Campi should
impose clearance penalties on first runs
not maintaining price scales.
The latest local view has it that
(Continued on page 10)
National Theatres
Chartered in N. Y.
Albany, Nov. 22. — Hughes, Schur-
man & Dwight, attorneys for Fox
West Coast, have filed papers with
the secretary of state incorporating
(Continued on page 14)
Grosses Maintain Levels
Lower Than in September
November grosses seem to have
struck a level somewhat lower than
those prevailing early in September
and to be staying there. For the
second week of the month the take in
133 houses in 22 key cities was $1,-
389,743. This was only $3,007 higher
than the previous week.
Eleven of the 22 cities reporting
(Continued on page 6)
New Plan for
Para. Ready;
Speed Sought
Expected to Go to Court
Early Next Week
Urging the desirability of an im-
mediate reorganization of Paramount
Publix and stating that prolongation
of the bankruptcy is seriously affect-
ing the operation of the company's
subsidiaries, a new and nearly com-
plete draft of the Kuhn, Loeb plan
of reorganization, dated as of Nov.
21, made its appearance in reorgan-
ization circles yesterday.
The latest draft embodies a number
of important revisions in and addi-
tions to the Nov. 14 printing, the
most important of which provides for
making the plan effective with the
reduction of claims to $65,000,000, in-
stead of $50,000,000 as formerly. It
also eliminates completely the pro-
visions for the effectiveness of the
plan contingent upon the issuance to
creditors of a maximum of $32,500,000
of new debentures and stock, which
(Continued on page 6)
Counsel Ask Boost
In Paramount Fees
Describing the approximately $370,-
000 of fees recommended by Special
Master John E. Joyce for payment
to the Paramount Publix trustees,
their counsel, special counsel and ac-
countants as "unjust" and "inade-
quate," counsel for Paramount Publix
bondholders and stockholders' protec-
tive committees urged more liberal al-
lotments at a hearing on the special
master's report before Federal Judge
Henry W. Goddard yesterday. Judge
Goddard reserved final decision on
the awards to be made.
Samuel Zirn, attorney for a small
group of bondholders, raised the only
(Continued on page 6)
Paramount Expects
To Release Full 64
Paramount expects to release all of
the 64 features being sold during the
1934-35 season, despite the fact that
during 1933-34 the company turned out
only 58 of the 64 promised.
For the present season, two outside
producers will contribute about 12 of
the 64 scheduled. Hecht-MacArthur
are slated to do from four to six, while
Walter Wanger is listed for six. This
leaves 52 to be turned out under super-
vision of Emanuel Cohen.
(MOTION PICTURE
DAILY
Friday, November 23, 1934
MOTION PICTURE
DAILY
(Registered U. S. Patent Office)
Vol. 36 November 23, 1934 No. 123
Martin Quigley
Editor-in-Chief and Publisher
MAURICE KANN
Editor
VBH JAMES A. CRON
Advertising Manager
Published daily except Sunday and holi-
days by Motion Picture Daily, Inc., sub-
sidiary of Quigley Publications, Inc.,
Martin Quigley, President; Colvin Brown,
« ice-President and Treasurer.
Publication Office: 1790 Broadway, New
York. Telephone Circle 7-3100. Cable ad-
dress "Quigpubco, New York." All con-
tents copyrighted 1934 by Motion Picture
Daily, Inc. Address all correspondence to
the New York Office. Other Quigley pub-
lications: MOTION PICTURE HERALD,
BETTER THEATRES, THE MOTION
PICTURE ALMANAC and THE CHI-
CAGOAN.
Hollywood Bureau: Postal Union Life
Building, Vine and Yucca Streets, Victor
M. Shapiro, Manager; Chicago Bureau: 407
South Dearborn Street, Edwin S. Clif-
ford, Manager; London Bureau: Remo
House, 310 Regent St., London, W. 1,
Bruce Allan, Representative. Cable address:
"Quigpubco, London"; Berlin Bureau:
Berlin - Tempelhof , Kaiserin - Augustastrasse
28, Joachim K. Rutenberg, Representative;
Paris Bureau: 19, Rue de la Cour-des-
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Bureau: Viale Gorizia, Vittorio Malpassuti,
Representative; Sydney Bureau: 102 Sus-
sex Street, Cliff Holt, Representative; Mex-
ico City Bureau: Apartado 269, James
Lockhart, Representative; Glasgow Bureau:
86 Dundrennan Road, G. Holmes, Repre-
sentative; Budapest Bureau: 3, Kaplar-u,
Budapest, II, Endre Hevesi, Representa-
tive; Moscow Bureau: Civtzev Yrazhek,
N. 25, Apart. 146, Moscow, U. S. S. R.,
Bella Kashin, Representative. Cable ad-
dress: "Samrod, Moscow."
Entered as second class matter, January
4, 1926, at the Post Office at New York
City, N. Y., under Act of March 3, 1879.
Subscription rates per year: $6 in the
Americas, except Canada $15 and foreign
$12. Single copies: 10 cents.
"White Parade" At
$16,000 2nd Week
"White Parade" at the Paramount
for a second week tallied $16,000 and
"The First World War" at the Rial-
to petered off to a $9,000 take on its
second stanza. Both are Fox films.
The Roxy gross on "Evensong" was
fair with $25,000. "Evelyn Prentice"
at the Capitol garnered $28,900, which
is good for a second week. "Imita
tion of Life" opens today at the Roxy
for a two-week run.
Hamrick, Shearer Leave
John Hamrick and B. F: Shearer,
Seattle circuit owner and theatre equip
ment dealer, respectively, left for home
yesterday after two weeks here. They
are accompanied by their wives.
Before leaving yesterday Hamrick
stated he had a nice time and would
not return until next spring.
Junior Laemmle III
Carl Laemmle, Jr., may be com
pelled to postpone his trip abroad, due
to an attack of the flu which has con-
fined him to his rooms at the Pierre
Earliest emergence date is set for
Monday.
"Death" for Criterion
Topical Films has booked "Dealers
of Death" into the Criterion for an
extended run starting Dec. 5.
Insiders' Outlook
C ALES managers around the
^ town are studying the sta-
tistical fabric woven into a nicety
for them by the Census Bureau on
where and what theatre grosses
of 1933 were. It was common
knowledge, of course, that New
York State nurtured the largest
percentage of all the states, but
a surprise to many at that to
learn the bracket was nearly 25
per cent. Throughout the state,
820 houses grossed $85,150,000
and 29 picture and vaudeville
houses, $4,850,000. Since the
picture, not the show's the thing,
the combined total, or the cor-
rect total for practical calcula-
tion becomes $90,000,000. The
bureau also stresses that 424 of
the 820 picture houses are in
New York City; that 382 ran
straight films and grossed $63,-
882,000 and 13 "combo" houses
bulked $2,578,000, or a total in
the metropolitan area of $66,-
460,000. . . .
Diligent search into the box-
office records maintained by
Motion Picture Daily went a
bit further yesterday and discov-
ered $11,201,123, or slightly
more than one-fifth of the New
York City total, sprang from
seven Broadway houses. The
Music Hall, naturally, led the
field with $3,973,661. The Capi-
tol, a poor runner-up but ahead
of the occupant in third place,
ended at $2,130,901. The Para-
mount filled third niche with
$1,880,435; the Roxy, fourth
with $1,108,188; the Strand,
fifth with $1,081,341 ; the Rialto,
closed five weeks as it was in the
winter of '33, sixth with $545,-
200, and the May fair, seventh
with $481,396. Because this busi-
ness has been notoriously lax in
reducing fancy to figures, the
government figures take on the
air of authoritative value. But
don't let them fool you. They tip
the grosses, not the losses. . . .
T
Intrigued by his supervision
of the dramatically exciting, if
not the box-office exciting
"Gabriel Over the White House"
of another day, Walter Wanger's
second foray into more or less
the same field makes swell, melo-
dramatic entertainment. What
this publication thought about
"The President Vanishes" was
covered by wire some days back
from the coast. Yesterday, this
forum had a chance to see it with
some of the higher uppers of the
Hays office and Paramount, in-
terspersed with a sprinkling of
press association reporters, and
found itself mightily entertained
for 85 minutes. . . .
T
In his latest, which happens to
be his first independently-made
attraction for Paramount, Wan-
ger takes a direct crack at brown,
black and other kinds of shirts
and a lusty slap at munitions
makers, and patriots who stay
that way as long as it makes
their bank balances sweeter. He
also includes social and eco-
nomic implications which tinge
his picture with vitality and a
generous smattering of guts. In
other words, "The President
Vanishes" has considerably more
real substance than the average
Hollywood conception, all tied
together with a fantastic, but al-
ways interesting, story of the
White House and a scenario
writer's idea of that which may
happen inside those portals some
day. . . .
▼
How coast agents work and
producers continue to snarl them-
selves is evidenced, complete
unto itself, by a new Paramount
Eastman Still Climbs on Big Board
Columbia Pictures, vtc.
Consolidated Film Indus
Consolidated Film Indu
Fox Film "A"...
Loew's, Inc
Paramount Publi
Pathe Exchange
Pathe Exchange
'A"
Warner Bros.
Net
High
Low
Close
Change
Sales
40
39VA
+ Va,
3,800
m
3Vs
3Vs
300
17K
17
900
nm
114M
+3
1.800
13A
i3}4
13*S
- A
500
34
33Vz
34
+ A
4,200
.
3/2
3Va
+ A
- Vi
11.200
VA
VA
1,200
■ 15/s
1454
WA
— V*
400
2
m
m
3,600
4H
m.
*Vi
— v»
1.000
Technicolor Drops Eighth on Curb
Technicolor
Net
High Low Close Change
. 125i 12Ys 12Vs — Vi
G. T. E. Bond Issues Show Gains
High Low Close
General Theatre Equipment 6s '40 9A &A 9Vi
General Theatre Equipment 6s '40, ctf 9 7Vz 8%
Keith B. F. 6s '46 64 64 64
Loew's 6s '41, ww deb rights 104 W3Vs W3V»
Paramount Broadway 5V2s '51 43 42A 42A
Paramount F. L. 6s '47 60Vi 60 60
Paramount Publix S^s '50 60 59Va 60
Pathe 7s '37, ww 99V& 9956 99H
Warner Bros. 6s '39, wd 59 58J4 59
Net
Change
+ Vi
+ Vi
- u
+ A
+ Vi
+ A
Sales
200
Sales
32
50
4
12
13
31
125
5
6
contract handed out to Claudette
Colbert. That handsome young
woman of the beautiful and
shapely stems has signed for six
pictures over a period of two
years with a return to her of ap-
proximately $450,000. Less than
a year ago, when Hollywood, or
parts of it, went screwier than
ever, Miss Colbert's per-picture
stipend was $60,000, whereupon
some hopefuls had an idea the end
of the tether had been reached.
For confirmed Gold Coast na-
tives, the)' entirely overlooked the
truth that Hollywood knows no
limits. . . .
T
Joe Bernhard enters the record
with the statement that the War-
ner film classification plan, now
in vogue in Philadelphia, has
been a great success. Yet, hesi-
tancy still marks the circuit's de-
cision about extending the identi-
cal idea into other territories
where it operates houses. The
logical question, of course, is :
Why in Philadelphia, but not in
Milwaukee, Los Angeles, Holly-
wood, Memphis and some points
in between? The answer is: Be-
cause designation of pictures suit-
able for families, it is feared, may
keep away adults, those grown-
ups figuring family pictures are
namby-pamby pictures and not
worth their time. . . .
Ed Kuykendall's earlier blast
at Campi for ditty dallying on
clearance and zoning was his
first uttered publicly. Off the
record, however, long has he
been complaining to friends and
exhibitors. Moreover, he is not
the only member of Campi who
holds the same point of view. Any
fairly close check-up of the C.A.
personnel will supply the addi-
tional names. The difference be-
tween them and Kuykendall has
been the sotto voce method of the
others in making that point of
view clear. . . . His proverbial
luck serves Carl Laemmle in
good stead. "Imitation of Life,"
real box-office, comes along when
Universal needs it and needs
it plenty. . . .
T
Peculiar that the Allied direc-
tors, meeting in Baltimore the
other day should assert Para-
mount is relenting on its na-
tional sales policy on percentages
and particularly as that policy
has to do with weekly payments
for shorts, used or not. There
is no indication of any such
change in front in Greater New
York, at least. Sidney Samuel-
son, Allied's president, can tes-
tify to that. He holds a contract
with the distributor for shorts
on that very basis. . . . Pete Har-
rison, in Hollywood by this time,
expressed 13 trunks of clothes
west, haberdashery circles report.
Which would indicate it is not
the lowdown on pictures alone
that Pete is after. . . .
KANN
^JpfjzJ&nly to keep your audiences singing gayly for a year
*7ff^*+*fice+ice' to keep a
A tempestuous prima donna who calls
her temper "temperament". • . a dashing
tenor who calls his escapades "escape"...
Happy, Haunting Song Hits: "I'VE TOLD EVERY LITTLE
STAR"... "I AM SO EAGER". . ."THERE'S A HILL BEYOND A
HILL". . . "ONE MORE DANCE" . . . "WE BELONG TOGETHER"
^^a^^^Zf*to keep them smiling happily for months
It I 1 ^
Darkle in their eyes for days! ^QHj
quarrelling, laughing, kissing . . • while
music fills the air. A grand show... from
the record-breaking Broadway stage hit!
Music by Jerome Kern*
Lyrics and libretto by
Oscar Hammerstein, 2nd
GLORIA SWANSON
and JOHN BOLES
DOUGLASS MONTGOMERY
JUNE LANG
Al Shean • Reginald Owen
Joseph Cawthorn • Hobart Bosworth
An Erich Pommer Production. Directed by Joe May.
Continuity by Robert Liebmann, Screen play by Howard
I. Young and Billie Wilder. Dances by Jack Donahue.
MOTION PICTURE
DAILY
Friday, November 23, 1934
New Plan for
Para. Ready;
Speed Sought
(Continued from page 1)
was stipulated in the Nov. 14 draft,
thus making adoption of the plan less
difficult at this date.
It is expected that the final plan
will be ready for submission to Fed-
eral Judge Alfred C. Coxe early next
week by the board of directors of
the new Paramount company.
The new draft states that " impor-
tant artists" have already been lost
through prolongation of the bankrupt-
cy and that these losses "have already
begun to affect earnings adversely."
It is noted that, whereas the Nov. 14
draft had the support of only the
Vanderlip debenture holders' commit-
tee, the creditor bank group and stock-
holders' protective committee, the new
draft has added to this support both
the merchandise creditors and the Par-
amount Broadway bondholders. It
notes also that interest on the bank
debt, debentures and coupons and gen-
eral claims to Jan. 1 has now been
reduced to $6,500,000 from a former
estimated $7,000,000. Administration
and reorganization expenses, it is es-
timated, will be $2,500,000.
Other Provisions of Plan
A provision is made in the new
draft for holders of general claims
which may establish priority over
other general claims and the old de-
bentures. Such claims will now be
paid in cash in the amount for which
priority is established. The stock sub-
scription rights are now limited under
the new draft to only those share-
holders who assent to the plan. The
new management provisions of the
plan limit membership of the board
of the new company to a maximum
of 16 directors. References to a
finance committee and its powers have
been eliminated.
Capitalization of the new company
remains the same as in the Nov. 14
draft, but a newly prepared consoli-
dated balance sheet shows an increase
in assets of approximately $10,000,000,
resulting in an increase from $137,-
112,000 to more than $149,000,000.
Minor changes have been made in
the plan of reorganization for Para-
mount Broadway, G-B Theatres Corp.
and in the settlement plan for the
Paramount Properties bonds. Settle-
ment plans for the Allied Owners
claim and the bank debt are un-
changed.
Grosses Maintain Levels
Lower Than in September
(.Continued from page 1)
Grosses generally are running at
present at about the figures that set
in during the middle of October.
Counsel Ask Boost
In Paramount Fees
(Continued from page 1)
objections to an increase recommended
by Joyce. The original petition ag-
gregated more than $700,000, including
an application of $100,000 each for
the trustees, Charles D. Hilles, Eugene
W. Leake and Charles E. Richardson,
and one of $350,000 for their counsel,
Root, Clark, Buckner & Ballantine.
Joyce's recommendations were $34,500
for Hilles, $32,500 for Leake and
$30,000 for Richardson, and $225,000
for counsel, exclusive of other reduc-
tions in minor fees sought by special
counsel and accountants. The fees
are for services rendered during the
showed slight decreases from the pre-
vious week, but these were offset by
gains from other spots.
Comparative grosses for the latest available periods :
Week Ending Theatres
Sept. 27-28
Oct. 4-5
Oct. 11-12
Oct. 18-19
Oct. 25-26
Nov. 1-2
Nov. 8-9
Nov. 15-16
Comparative weekly totals :
132
132
132
131
133
135
134
133
Grosses
$1,419,815
1,412,844
1,344,137
1,385,533
1,386,935
1,288,992
1,386,736
1,389.743
Boston
Buffalo
Chicago
Cleveland
Denver
Detroit
Indianapolis . .
Kansas City . .
Los Angeles . .
Minneapolis . . .
Montreal
New York
Oklahoma City
Omaha
Philadelphia ■ •
Pittsburgh
Portland
Providence . . .
San Francisco
St. Paul
Seattle
Washington . .
Week Ending
Week
Ending
Nov.
15-16
Nov
8-9
r
Theatres
Gross
Theatres
Gross
6
$106,000
6
$108,000
5
44,300
5
46,200
8
135,500
8
133,500
5
54,800
5
60,400
5
23,500
5
22,750
7
1,8,700
7
54.200
5
28,250
5
23,250
5
35,940
5
43.300
7
70,050
7
65,000
6
23,600
6
25.800
4
37,500
4
41,000
9
300,353
11
289,486
4
12,300
4
16,700
4
25.100
4
26,100
9
83,900
9
94,300
6
64,800
6
60,700
7
31,500
6
25,600
6
46,100
6
42,100
7
77,200
7
82,000
5
18,100
5
19,000
7
34,050
7
36,150
6
68,200
6
71,200
133
$1,389,74.3
134
$1,386,736
period of the Paramount Publix bank-
ruptcy, from March, 1933, to June,
1934.
Arthur A. Ballantine, of counsel for
the trustees, urged the court to in-
crease the allowances to trustees by
fixing a fair and reasonable amount
in the discretion of the court, rather
than on the basis of two per cent of
the moneys handled by the trustees
during the period as provided in the
bankruptcy laws and followed by
Joyce in making his report. Ballan-
tine contended that the two per cent
stipulation was fair only when applied
to estates which are liquidated. He
declared that a reorganization of the
company, as is contemplated in Para-
mount, warranted a higher fee and
was authorized under the new Sec-
tion 77-B.
His views were supported by Alfred
A. Cook, of counsel for the Para-
mount stockholders' protective com-
mittee, who described the trustees'
allowances fixed by Joyce as "unfair"
and "unjust." Cook also urged that
Root, Clark, Buckner & Ballantine
be allowed $250,000 "on account."
Similar recommendations were made
by H. M. Sheffield of the debenture
holders' protective committee, and by
Maxwell Brandwen of an independent
bondholders' group.
Ballantine stated that 33,400 work
hours had been devoted to Paramount
by his firm's staff during the period
in question and that the application
for fees approximated $10.50 per hour.
He pointed out that Joyce's recom-
mendation reduced this to about $6 per
hour.
Jimmy Savo May Go
To Para, on a Loan
Jimmy Savo, who has just com-
pleted a role in the first of his 11 pic-
tures for Hecht-MacArthur, may be
loaned to Paramount for his second
film. It is understood a deal is under
way between Hecht-MacArthur and
Paramount. Savo's third will defi-
nitely be made by the independent pro-
ducers. The first picture "Once in a
Blue Moon" is now being edited for
early release.
Yesterday Savo left for Buffalo
where he opens today at the Para-
mount for a week's vaudeville engage-
ment. He has just finished two weeks
at the Capitol.
Para. Signs Swarthout
Gladys Swarthout, Metropolitan
Opera mezzo-soprano, was signed yes-
terday by Paramount to a long term
contract. Her operatic and radio en-
gagements will not permit her to
leave for the coast until about Mav 1.
Gets $2 Libel Verdict
Boston, Nov. 22. — One dollar was
today awarded the Artkino Guild,
operating a theatre exhibiting foreign
product, in each of two $100,000 libel
suits against the Industrial Defense
Ass'n, an anti-Communist organiza-
tion, and Edward H. Hunter, its sec-
retary, accused of representing the
plaintiff as radical.
Hearing Begun
On Phila. Dual
Contract Suit
(Continued from page 1)
know if the theatre man would build
a first run house if he had the money.
Stieftel said he would not because he
could not get product.
Morris Wolf, representing the de-
fendants, major distributors who have
inserted clauses against duals in new
season contracts in the hope of thus
ending double features, objected to the
nature of the question, but the court
overruled him, indicating that if mon-
opoly was involved it was a question
ol deep public interest.
The case was opened with Golder's
petition for a permanent injunction in-
validating the double feature clause in
the majors' contracts. Perelman ap-
pealed for a preliminary injunction on
May 28, holding that the clause was
a weapon being used to monopolize
both product and exhibition in this
territory. Judge Walsh refused the
request at the time, stating the ques-
tions involved were so important that
testimony should be taken.
Says Major Product Stale
Samuel Waldman, an official of the
Garden Amusement Co., outlined the
independents' case, explaining it was
necessary tor exhibitors to use prod-
uct ot the major companies even
though the features were stale by the
time they hit the neighborhoods. He
asserted that when features are not
attractive the independents try to bol-
ster their bills with independent prod-
uct, adding that the majors have
threatened to cut off or hold up deliv-
ery of their product unless the theatre
men agree to discontinue showing
films made by independent producers.
Irving Phillips, Germantown exhib-
itor, declared when the feature pic-
tures of what was referred to as "the
trust" reached him, they were seventh
runs, Warner houses getting them be-
fore all other theatres.
It was brought out in the testimony
that the double feature ban began to
be used two years ago. Golder told
the court the ultimate purpose was
to drive independent producers and
exhibitors out of this city and New
Jersey.
At an earlier hearing Golder had
charged the majors with violating the
Sherman and Clayton anti-trust stat-
utes and threatened to demand that
the Department of Justice investigate
his charges.
Judge Walsh is allowing two days
for the hearing of the case. A recess
was called after the morning sitting.
The hearing will be continued tomor-
row.
Reade Takes 2nd Fox
"Hell in the Heavens" is the second
Fox picture purchased by Walter
Reade for the Mayfair since mutual
abrogation of the Fox contract at this
house. No date has been set. "Gam-
bling." first individual contract deal,
goes into the Mayfair on Monday.
Switch Picture's Title
The British and Dominions produc-
tion previously known as "The
Queen's Affair," will be released in
America by United Artists Dec. 21 as
"The Runaway Queen."
t %#1
Most baffling, exciting, and universally saleable of the
week's cinema product is, in our estimation, Warner Bros.'
"I AM A THIEF"
which maintains this company's consistent superiority in
the mystery field, with an expert cast including Mary As^tor and
Ricardo Cortez, directed by Robert Florey. Released November 24.
itul ijeati XmaL corned cm
yWortd Premiere (pre-release) RADIO C
dumUas Cj rankest ^J^omanlic Gomedij Of Oftt ^tmel
X
\
WAR N E R
fm m
mi
MYRNA
</« FRANK CAPRA'S PRODUCTION
BROADWAY BILL
5y 3lobert C^R.Lskin • CBasex) on ike story by ^Mark 3~£elltncjer
th Walt er Connolly • Helen Vinson
MUSIC HALL ^hanksqwinq CD ay I
10
MOTION PICTURE
DAILY
Friday, November 23, I934i
Say Operator
Ruling Clears
Up Section 7 A
(Continued from page 1)
handled the case in behalf of the
I.T.O.A., "the far-reaching effect of
the rule laid down by the decision in
this case is (1) that in the absence of
contractual obligations Section 7 A of
the National Industrial Recovery Act
'was not aimed at the immemorial
rights to hire and discharge at will.
. The statute is not aimed at this
right of employers, but at the inter-
ference with the rights of employes to
have representatives of their own
cloosing' (2) the rights given to
employes by Section 7A can only be
invoked by those who are directly
affected by this violation. It cannot
be invoked by an 'outside union'
which is only affected remotely, and
whose members have no direct interest
in its enforcement against a particu-
lar employer."
Weisman predicts that the ruling
will have "a beneficial and stabilizing
effect upon all industries" because it
will remove uncertainty from the
meaning of the section.
Before the suit, houses employing
Local 306 men were picketed by Al-
lied M. P. Operators' Union and
houses employing Allied operators
were picketed by Local 306. The latter
sought an injunction against use of
Allied men on the ground that it was
a company union and its members had
been discharged to make way for Al-
lied men. Judge Collins granted an
injunction to Local 306, which was
represented by Charles H. Tuttle
former Federal district attorney.
It was the appeal from this ruling
which reached the Court of Appeals.
New Hurdle Rises
Over Price Cuts
(Continued from page 1)
Campi must decide whether first runs
uniformly shall get 35 days' protec-
tion over second runs as the schedule
provides or whether first run pro-
tection should be graduated according
to price.
First runs contend their rentals are
the sole determining factor. Loew's
and RKO, therefore, are expected to
resist any attempt by Campi to cur-
tail their protection or base it on
admissions.
The availability periods remain un-
changed from the previous plan sub-
mitted to Campi with the exception
that any priced house can be a prior
run over its competitor if it obtains
protection.
Word from New York late today
had it that the plan had not arrived.
The reason was found traceable to the
grounding of planes between here and
the East because of bad weather.
MOTION PICTURE DAILY*
HOLLYWOOD PREVIEW
"Bright Eyes"
( Wurtzel-Fox)
Hollywood, Nov. 22. — "Bright Eyes" hits the nail on the head as a
type of film for which Shirley Temple customers are waiting. The story
and supporting cast are subordinated for the youngster, with David
Butler's skillful direction playing to the emotions with every tear and
laugh-jerker at Shirley's command.
This sure-fire box-office attraction will draw in any locale and affords
timely exploitation possibilities surrounding Shirley's Christmas party
sequence.
The central theme of the story features the befriending influences of
James Dunn, flyer, and Charles Sellon, uncle of Theodor Von Eltz and
Dorothy Christy, who want to provide a happy home for orphaned
Shirley. ,
Von Eltz and Miss Christy want to rid themselves of the child to pro-
tect the social uplift of their own daughter, Jane Withers. This provokes
the menace in the plot. A romance of Dunn and Judith Allen figures
in the solution as the court grants them the custody of Shirley as care-
fully planned by Sellon.
The original story by Butler and Edwin Burke is excellent for Shir-
ley, with William Counselman's screen play shrewdly knit for laugh and
pathos situations. Butler's direction keynotes the human values and
laughter in a rare blend.
Shirley's song number on the good ship "Lollypop" is delightful.
Arthur Miller's photography is excellent. The cast is good. This is
perhaps the best Shirley Temple has made to date, which tells every-
thing. Production Code Seal 427. Running time, 85 minutes. "G."
< Purely
Personal ►
AL CORMIER, former trade papt
man, has been made vice-presider
in charge of sales of the American
Broadcasting Co., whose local outkt
is WMCA.
E. Leopold Spitalny, Chicago mu-
sical director, will conduct the Capitol
orchestra for a week starting today.
H. William Fitelsox, attorney for
Amity Pictures, and Fred Bellix ler'l
for Detroit yesterday.
Charles Skouras and his party
arrive in New York today.
J. J. Unger is in Boston on Para-
mount business.
Rochester Transfer Hit
Buffalo. Nov. 22. — The alleged
transfer by Morris Zimmerman in
favor of Rose Zimmerman, his wife, as
proprietor of the Majestic in Roches-
ter is not valid so far as the operation
of existing contracts is concerned, the
Buffalo grievance board has ruled on
a complaint brought by M-G-M here.
"The Mighty Barnum"
{20th Century-U. A.)
Hollywood, Nov. 22. — Produced by Showman Darryl Zanuck for
showmen, Barnum's saga, conveyed by Wallace Beery, is a fine showman's
show. Juicy bits, spun around the Barnum personality, are chronicled
in ballyhoo fashion, with the film forgivably deviating from truth occa-
sionally.
Portrayed by Beery as a big-hearted roisterer, a trial to his wife
(Janet Beecher), the production traces America's amusement pioneer
through adversity and luck, from the beginnings with freaks to the
peaks with Jenny Lind, aided en route by the besotted Mr. Walsh, later
Bailey, and presenting General Tom Thumb, the Cardiff giant, the
bearded lady and Jumbo, the world's greatest elephant, which have
amazed and amused these many generations.
Beery's Barnum. though a bit sappy, is a human, laughable zany.
Adolphe Menjou's Bailey is etched with confidence, revealing again
what this reviewer has before recorded. Virginia Bruce, as Jenny
Lind, gives evidence of a voice and a personality portending stardom.
The large cast also includes Rochelle Hudson, Tammany Young, Charles
Judels, Christian Rub and others, all competent.
Gene Fowler is tops in penning American scenes and people and has
injected varied values in the screen play, on which he collaborated with
Bess Meredyth. Walter Lang directed, stressing factual content more
than imaginative flamboyance. Peverell Marley's photography is all
right.
The production gives showmen ample opportunity to display their
talents in circusing the discoverer of circuses, playing up Beery's name
and title draw.
Production Code Seal 392. Running time, 105 minutes. "G."
'Behold My Wife'
( Sell iilbcrg-Paramo writ )
Hollywood, Nov. 22. — In a deft mixture of comedy and pathos, Syl-
via Sidney is here revealed as an Indian girl who marries a white
man. He takes her home for the purpose of embarrassing his family,
allegedly responsible for the death of his former sweetheart. He ends,
however, loving his wife. Despite Miss Sidney's fine acting, Gene
Raymond, as the husband, gives the picture its life and zest.
A preview audience, while evidencing its reaction in comedy and
dramatic sequences indicated no spontaneous enthusiasm although it
appeared satisfied.
Direction of Mitchell Leisen spans Sir Gilbert Parker's story hurdles
neatly with the picture flowing smoothly through a succession of well-
conceived scenes having obvious sincerity. Raymond's performance
(Continued on page 14)
Report No Complaini
On Weekly Payment*
No complaints have been registerei
by exhibitors to local exchange head!
on the weekly payment plan for shorts
Allied directors returning from a
eastern regional in Baltimore on Mon
day reported to the New Jersey uni'
that in a checkup of various com-
panies' sales policies, some of the div
tributors were relenting on the weeklj
payment idea.
According to local sales heads, thf
plan has been found to work out fa-
vorably. It is stated that checks fo
shorts, whether played or not, come i
regularly every week and at the err
of the year exhibitors have no bal
ances. However, they may have
number of shorts yet to be dated at th
end of the selling period, and in mos
cases the undated films are picked u
Some of the companies have bee
considering the scheme for feature
but have found it impracticable. Tw
reasons are given. One is that the plai
would conflict in so far as percentage
are concerned and then again then
are weeks when no pictures are 3d
leased, while during other periods tw(
features may be ready nationally. Ii
both cases the exhibitor would hav<
to pay his weekly allowance, whicl
might prove a burden in the no-relea
week.
Samuelson Presents
Code Case and Wim
Sidney Samuelson. not a lawyer bj
profession, yesterday won his firs
code case when the New York griev
ance board awarded the Liberty!
Plainfield. X. J.. 70 pictures of Wal
ter Reade's allotment for the Para I
mount. Oxford and Strand, same city
The Allied president representee
Joseph Sicardi. a member of the Xev
Jersey unit, who complained that h)
could not get one major release fo
1934-35, while Reade had purchase!
355 for his three houses. Samuelsoir
held that the new Reade buy was 8
more than last year. Leo Justin, whi
acted for Reade, stated yesterday It
would appeal.
In another overbuying case agains
Reade, the board dismissed the com !
plaint by M. Snider of the Liberty
Freehold. Harry Suchman, who actei
for Snider, during the last few week
had been trying to settle the acti"!
amicably, but could not come to ai
understanding with Reade.
A LITTLE OF BOTH
A little light meat and
little
cl lime dark, pleases
everybody at the Thanks-
giving feast. Some drama
and some comedy, pleases
everybody at your screen feast.
And when the laughs are served
up by one of Educational* 's big-
star-name comedies, it's a banquet.
Laughs,Thrills,Good Musk, BigStars inThese NewFeaturettes for year-end programs:
^TWO-REEL COMEDIES ONE-REEL ATTRACTIONS
3
MM
Presented by
E. W. Hammons
f "THE GIRL FROM PARADISE"
Musical Comedy
with SYLVIA FROOS
Frank Luther, George Shelton
N.T.G. and the Paradise Revue
"THE CAMPUS HOOFER"
Frolics of Youth
with Junior Coghlan, Dorothea Kent
"RURAL ROMEOS"
Coronet Comedy
with Harry Gribbon, George Shelton
THREE CHEER*S FOR LOVE"
Young Romance
with SYLVIA FROOS
Warren Hull
ERNEST TRUEX in
"GENTLEMEN OF THE BAR"
"TWO LAME DUCKS"
Coronet Comedy
with Billy Gilbert, Vince Barnett
TREASURE CHEST PRODUCTIONS
"YOUR STARS FOR 1935"
with WYNN, Famous Astrologer
"HOLLYWOOD MOVIE PARADE"
SONG HIT STORIES
"THE HOUSE WHERE I WAS BORN"
with Sylvia Froos, Frank Luther
"THE BOUNDING MAIN"
with Norman Cordon, the Singing Mariners
"WAY DOWN YONDER"
with The Cabin Kids, Mabel Horsey Singers
TERRY-TOONS
"HOT SANDS"
"TOM, TOM, THE PIPER'S SON"
"JACK'SSHACK"
SOUTH POLE OR BUST"
Distributed in U.S.A. by
Fox Film Corporation
12
MOTION PICTURE
DAILY
Friday, November 23, 1934
"Rhythm" Is
$27,000 Wow
On the Coast
Los Angeles, Nov. 22. — Practically
all of the first run excitement here
last week was concentrated at the
Paramount where "College Rhythm"
topped par by $9,000 for a total gross
of $27,000.
This was especially noteworthy be-
cause most of the other first runs were
in a bad way. "Fugitive Lady" and
"Without Children," a dual, was the
only other strong attraction. The
take there was $4,100. "The White
Parade" at the Chinese was good for
$10,500, but this was $2,000 under nor-
mal.
Total first run business was $80,-
450. Average is $81,700.
Estimated takings for the week end-
'ng Nov. 21 :
"THE WHITE PARADE" (Fox)
CHINESE— (2,500), 30c-65c, 7 days. Stage:
Sid Grauman's prologue, Raymond Paige
and his orchestra. Gross: $10,500. (Aver-
age, $12,500.)
"HELL IN THE HEAVENS" (Fox)
4 STAR— (900), 30c-55c, 7 days. Gross:
$4 000
"THE WHITE PARADE" (Fox)
LOEWS STATE— (2,413), 30c-55c, 7 days.
Gross: $8,850. (Average, $14,000.)
"COLLEGE RHYTHM" (Para.)
PARAMOUNT— (3,595), 30c-55c, 7 days.
Stage: Rube Wolf and his orchestra, F. &
M. revue. Gross: $27,000. (Average, $18,-
■000.)
"THE AGE OF INNOCENCE" (Radio)
RKO— (2,700), 25c-65c. 7 days. Gross:
:$5,500. (Average, $8,000.)
"HELL IN THE HEAVENS" (Fox)
UNITED ARTISTS— (2,100), 25c-55c, 7
days. Gross: $5,000.
"THE AGE OF INNOCENCE" (Radio)
WARNER BROS. (HOLLYWOOD)—
<3,O0O), 25c-65c, 7 days. Gross: $8,100.
<Average, $14,000.)
"THE FIREBIRD" (Warners)
WARNER BROS. (DOWNTOWN) — (3, -
400), 25c-40c, 7 days. Stage: 6 acts vaude-
ville, Oscar Baum and his orchestra.
Gross: $7,400. (Average, $12,000.)
"FUGITIVE LADY" (Col.)
"WITHOUT CHILDREN" (Monogram)
PANTAGES— (3,000), 25c-40c, 7 days.
Gross: $4,100. (Average, $3,200.)
Ferretti Named As
Carrier Executive
The Carrier Engineering Corp. has
appointed J. J. Ferretti, air condition-
ing engineer, assistant to A. C. Buen-
sod, executive in charge of the com-
pany's theatre division. The appoint-
ment follows the company's announce-
ment of a new air conditioning system
designed for smaller theatres.
Ferretti for many years was asso-
ciated with Kooler-Aire and Arctics
Nu-Air Co. of Minneapolis. He will
•operate out of the Carrier office in the
Chrysler Building. The main office
and plant of the company are in
Newark.
Sets 3 Changes Weekly
Paterson, Nov. 22. — The Regent
Theatre has gone to three changes
-weekly, presenting twin bills, with
changes on Saturday, Monday and
Thursday. This is the first time a the-
atre in the heart of the city has tried
six pictures a week.
Engels-Lebedeff Teamed
Hollywood, Nov. 22. — M. H. Hoff-
man has signed Wera Engels and Ivan
Lebedeff for "Sweepstake Annie." The
wire services and local dailies have
been featuring the romance between
ihe duo for a couple of months.
"Divorcee" Is
Detroit Smash
With $27,400
Detroit, Nov. 22. — "The Gay Di-
vorcee" piled up a whopping $27,400
at the Fox last week. This is nearly
double normal for the house.
"Evelyn Prentice" was also strong,
topping average by $2,600 for a gross
of $22,600 at the Michigan. "We Live
Again" grabbed a good $11,000 gross
at the United Artists, but other first
runs took it on the chin.
Total first run business was $68,700.
Average is $75,000.
Estimated takings for the week end-
ing Nov. 15.
"CARAVAN" (Fox)
"THAT'S GRATITUDE" (Col.)
ADAMS— (1,770), 10c-25c-40c, 7 days.
Gross: $2,900. (Average, $5,000)
"MERRY WIDOW" (M-G-M)
(Second Run)
BROADWAY -CAPITOL — (3,448). 15c-40c,
7 days. Gross: $4,700. (Average. $10,000)
"BARRETTS OF WIMPOLE STREET"
(M-G-M)
"BIG HEARTED HERBERT" (Warners)
(Both Second Runs)
FISHER — (2,975), 10c-30c-40c. 7 days
Gross: $5,600. (Average, $10,000)
"GAY DIVORCEE" (Radio)
FOX — (5,100), 15c-65c, including tax, 7
days. Stage: Seven acts vaudeville. Gross:
$27,400. (Average, $15,000)
"EVELYN PRENTICE" (M-G-M)
MICHIGAN— (4,100). 15c-65c, including
tax, 7 days. Stage: Bob Murphy, Ray Hul-
ing and' Seal. Gross: $22,600. (Average,
$20,000)
"BARRETTS OF WIMPOLE STREET"
(M-G-M) (Second Run)
STATE— (3,000), 10c-35c, 7 days. Gross:
$4,400. (Average, $5,000)
"WE LIVE AGAIN" (U. A.)
UNITED ARTISTS — (2,070), 25c-50c, 7
days. Gross: $11,000. (Average, $10,000)
"Lost Lady," Show
$12,500, Montreal
Montreal, Nov. 22. — Loew's was
away out in front in the box-office
race last week with a take of $12,500
on "A Lost Lady" and a vaudeville
bill headed by Helen Kane.
At the Palace there was a count of
$9,500 with "Thine Is My Heart,"
while the Capitol was $500 less with
a double comprising "Marie Galante"
and "365 Nights in Hollywood." The
second week of "Chu Chin Chow"
brought $6,500 to the Princess, as
compared with $9,000 for the first
week.
Total business was $37,500. Aver-
age is $37,000.
Estimated takings for the week end-
ing Nov. 17 :
"MARIE GALANTE" (Fox)
"365 NIGHTS IN HOLLYWOOD" (Fox)
CAPITOL— (2,547), 25c-35c-4Oc-50c-6Oc. 7
days. Gross: $9,000. (Average. $9,500)
"A LOST LADY" (F. W.)
LOEWS— (3,115) , 30c-40c-45c-57c-75c, 7
days. Stage: Helen Kane: Pat Rooney;
Maude Hilton & Co.; Hadreas-Laval Re-
vue; Park & Clifford; Tom Barry; Vic-
toria & Lorenz. Gross: $12,500. (Average,
$10,500)
"THINE IS MY HEART" (British)
PALACE— (2.600), 34c-40c-50c-60c-75c, 7
days. Gross: $9,500. (Average, $11,000)
"CHU CHIN CHOW" (Gaumont British)
PRINCESS — (2,272), 30c-35c-50c-65c, 7
days, 2nd week Gross: $6,500. First week:
$9,000. (Average, $6,000)
Form Bil-Art Studios
Albany, Nov. 22— Bil-Art Stu-
dios, Inc., theatrical designers, has
been chartered by William J. Kelleher,
G. Arthur Richards and Henry Ro-
senblum.
Add to Breen Cuts
Columbus, O., Nov. 22.—
Although some states are
accepting the censorship of
Joseph I. Breen as final, it
is not sufficient protection
for the public morals of
Ohioans, declared Dr. Bever-
ly O. Skinner, head of the
state censor board here.
"We do not feel that the
national board is doing the
job," he said, "and we have
had to censor several pic-
tures, some of them quite
severely, before passing them
for showing in Ohio."
Sam Wood Is Signed
By Reliance for One
Sam Wood, who has been signed
by Edward Small of Reliance to di-
rect one picture, is now working on
a script for "The Melody Lingers On"
by Lowell Brentano. If the script
works out, this will be Wood's next
picture. Otherwise he will choose
from six other books he has in mind.
The director is anxious to return
to the coast as soon as possible. He
doesn't relish the idea of working in
a hotel room. He prefers being in
Hollywood where he can go out in
the patio or the yard and work when
he tires of indoors. Wood plans to
leave sometime next week. He may
be accompanied by Small.
While here the director is looking
over a number of plays and person-
alities he may sign. He says it's a
grand thing to be in New York every
once in a while. "You are in the
heart of things and don't have to go
far for the things you would not ordi-
narily come in contact with on the
coast."
Wood will do only one for Reliance.
His deal with M-G-M is still in abey-
ance.
Czechoslovak Radio
Fees Go to Theatres
Washington, Nov. 22. — Because
radio broadcasts have hit film theatres
in the smaller towns of Czechoslo-
vakia, the government has ordered
that a share of the receipts from radio
license fees be turned over to the thea-
tres, according to a report to the U. S.
Department of Commerce from Com-
mercial Attache Sam E. Woods in
Prague.
Broadcasting in Czechoslovakia is a
monopoly, operated by a company in
which the government holds a major-
ity interest.
The monthly fee for each receiving
set in use in Czechoslovakia is 10
crowns (40 cents) and the receipts
from this source are divided between
the broadcasting company and the
Czechoslovak Posts and Telegraphs.
The amount of the subsidy to be
distributed under the recent order was
2,000,000 crowns (approximately $80,-
000), states the report.
CBS Increases Capital
Albany, Nov. 22. — Columbia
Broadcasting System, Inc., New York
City, has filed a certificate in the office
of the Secretary of State increasing
its capital from $3,750,000 to $7,-
500,000.
British Films
Get Very Few
Code Slashes
Few deletions are necessary
British pictures submitted here for
production code seals, according
Vincent G. Hart, eastern assistant t<<
Joseph 1. Breen, production codc
administrator.
"Evensong" and "Evergreen," two
of the most recently submitted British
productions, were passed with onl\
minor deletion, and this is said to have
been the case with other British-made
pictures approved earlier, despite the
fact that British producers are not
consciously guided by the production
code in effect here. Hart said.
Independent producers operating in
the east are also submitting scripts to
the local production code office in ad-
vance of production. The script oi
the Select picture, tentatively titled
"Bad Penny." which went into pro-
duction at Biograph a few days ago.
was anions the most recent to be sub-
mitted by an independent here. Martin
Johnson's new picture. "Wings Over
Africa." now being used in silent
form for private lectures in the east,
also was recently submitted and ap-
proved. The picture, with sound
track added, will be released by Fox
as "Baboona" later.
An increase in production at the
Brooklyn Yitaphone studio has made
it necessary for Hart's office to set
aside Fridays for screenings of Yita-
phone product exclusively. An aver-
age of 15 to 20 reels are screened
for code seals each Friday.
The total number of code certifi-
cates issued by the eastern office since
it began operating July 15, is now
210, of which 34 were for features.
Color Shorts to Be
Filmed in San Mateo
San Francisco, Nov. 22. — Eighteen
two-reelers, 12 musicals and six with
historical backgrounds are planned for
production at the San Mateo studios.
All will be in color.
S. A. Hedding, former Minnesota
banker, is treasurer of San Mateo
Studios, Inc., a 5500,000 company just
formed to take over the old plant op-
erated 10 years ago by Graf Brothers.
Walter Irving, former Hollywood and
New York newspaper man, will be
production manager.
To Seek Federal Action
Havre de Grace, Md., Nov. 22. —
The Maryland Congress of Parents
and Teachers pledged itself at its clos-
ing session here today to work for
Federal legislation forcing producers
to furnish "more desirable entertain-
ment." The resolution said: "We are
alarmed by the present motion pic-
tures. We protest blind buying and
other trade practices which prevent
local exhibitors from responding to
the public demand for more desirable
entertainment." Mrs. Ralph J. Cop-
page, president of the congress, pre-
sided.
III. Passes Sales Tax
Springfield, III., Nov. 22. — Gov-
ernor Horner's bills providing for a
permanent sales tax have been passed
by both houses of the state legislature.
Ohio Theatre calling from Columbus —
'PAINTED VEIL" opens to terrific business!
Bad weather— but who cares!
Second best opening in 15 months!
But the best GARBO of all time!
That's what the audience said!
That's what you'll say!
And your box-office ditto!
(P. S. To the Editor. Thanks for holding your presses so that we could get tHis
great news to your readers overnight)
14
MOTION PICTURE
DAILY
Friday, November 23, 193*
Warning Is Issued
On Admission Tax
(Continued from page 1)
cut price which may be offered has
been issued by the Internal Revenue
Bureau as a result of articles appear-
ing in New York and Philadelphia
publications in which it is stated the
bureau has ruled that cut-price tickets
are subject to tax only on the amount
actually paid.
It is pointed out that the revenue
law expressly provides for the collec-
tion of taxes on the basis of established
price from any persons, other than
employes, municipal officers or children
under 12 admitted at reduced rates at
a time when other patrons are charged
the established price.
"It has been consistently held that
where tickets of admission are sold for
an amount less than the established
price shown on the tickets, the tax of
one cent for each 10 cents or fraction
thereof of the established price of such
tickets may be collected," it declared.
"Furthermore, since the tax in the
cfse of reduced rate admissions is
based on the established price of ad-
mission to other persons for the same
or similar accommodations, the tax of
one cent for each 10 cents or fraction
thereof attaches to the established price
of admission as fixed by the theatre.
That is, if any ticket is sold for less
than the amount of the established
price, the tax should be collected on
the established price, regardless of sale
price printed or stamped on the ticket."
Dowling Is Ampa's
Surprise Chairman
Eddie Dowling turned out to be the
surprise guest chairman at the Ampa.
There was another big turnout, and
Dowling did his stuff to perfection.
Among the guests and artists intro-
duced were : Dorothy Brown, accor-
dion player ; Harry Edington ; Bar-
bara Kent ; Harry Green ; Josephine
Dunn ; Etta Totten ; Arthur Tracy ;
Myrtle Leonard, new Metropolitan
Opera star; Sam Wood; Eleanor
Smith, aviatrix ; Judge Jeanette Brill ;
Larry Steinhart ; Drue Leyton ; Dor-
othy Burgess ; Selena Royle ; Jimmy
Savo ; Gladys Parker ; Jeanne Aubert
and Viola Brothers Shore.
In introducing Green, Dowling said :
"An actor or actress is as great as
his or her last success or failure. A
great actor once is a great actor al-
ways."
Warner Nirdlinger
Bid Is $1,645,000
(Continued from page 1)
offer made by Warners for four the-
atres belonging to the William Frie-
hofer and Fred Nixon-Nirdlinger es-
tates, it was brought out by Lionel
Friedman, real estate broker for War-
ners, at the hearing on the advisability
of selling the properties which got
underway yesterday.
Friedman stated Warners placed
$25,000 in cash on deposit for the deal
with the understanding the company
would not be responsible for the pay-
ment of liabilities.
The hearing, which is before Spe-
cial Masters John Blessing, Jr., and
Donald Hamilton at the City Hall,
will be resumed Wednesday. The
executors have until Feb. 11 to make
a decision.
MOTION PICTURE DAILY*
HOLLYWOOD PREVIEW
(Continued from page 10)
shades Miss Sidney's somewhat in story value and acting. The balance
of the cast, including H. B. Warner, Eric Blore, Laura Hope Crews,
Kenneth Thomson and others, is all right. Leo Shamroy did his usual
job of fine photography.
The picture should please as a slightly better than average show.
Production Code Seal No. 372. Running time, 76 minutes. "G."
4<
West of the Pecos"
(Radio)
Hollywood, Nov. 22. — Stacking up as a western of first class calibre
with all the thrills, danger and ruggedness of the early days in Texas
following the Civil War, showmen have a different western to play
with here.
The story concerns Martha Sleeper, disguised as a boy, and her father,
Samuel Hinds, starting west to seek a new lease on life after the hectic
clays of the war. They begin their new existence on a ranch west of the
Pecos River. Richard Dix, never more convincing or likable, is a swash-
buckling cowhand who saves the father and his masquerading daughter
from ruin and death at the hands of Indians and a gang of rustlers
headed by Fred Kohler.
The entire cast is thoroughly at home under the able direction of Phil
Rosen. Louise Beavers and Sleep 'n' Eat, a pair of negro servants, get
many laughs. Miss Sleeper troupes in fine fashion, particularly in the
scenes posing as a boy. The camera work by James Van Trees and
Russell Metty is no small part of the picture's entertainment value.
Milton Krims and John Twist adapted Zane Grey's novel for good
results. Due to the acting, direction, comedy and movement, this pro-
duction should satisfy in most spots, particularly where good westerns
have flavor. Previewed without a code seal. Running time, 68 min-
utes. "G."
Broadcast Gums Up
Washington Program
Washington, Nov. 22. — A broad-
cast tossed a monkey wrench into the
schedule at the Earle this week when
it was discovered that the weekly pres-
entation of Waring's Pennsylvanians
over the air for Ford came at a time
when the orchestra would normally
be upon the stage.
To overcome the difficulty, the
Earle, for the first time in theatrical
history — for Washington, at least —
utilized the stage show to close the
day.
Normally running five features and
four stage shows, the schedule for to-
night was five and five, with the last
feature at 9:11, the last stage show at
10:19, and the "Good Night" at 11:07.
Hearing Is Ordered
For Trans-Lux Row
Wilmington, Nov. 22. — Chancellor
Josiah O. Wolcott today issued a rule
returnable next Wednesday on the
Trans-Lux Daylight Picture Screen
Corp. directing its officers to show
cause why a stockholders' petition for
appointment of a master to hold a
meeting of stockholders for an election
of directors should not be granted.
Attorneys representing a group of
stockholders contend officers of the
corporation have failed to hold a stock-
holders' meeting this year. They ask
that in event a meeting is ordered by
the court the management be enjoined
from spending corporation funds in a
contest for proxies to retain control.
Borzage's Wife Is III
Hollywood, Nov. 22. — Mrs. Frank
Borzage is reported seriously ill here
of gardenia poisoning.
Clark Renamed Head
Of Columbus Variety
Columbus, Nov. 22. — M. R. Clark
has been reelected president of the lo-
cal Variety Club for the fourth con-
secutive term. H. E. Cherrington was
reelected secretary.
Others elected were : William M.
James and Robert S. French, first and
second vice-presidents, respectively,
and Thomas W. Lawson, treasurer ;
directors, Max Stearn, Leo Haenlein,
James V. Peppe, Klein L. Roberts, P.
J. Wood and Al Haft.
Prior to the election a testimonnial
dinner was tendered Sheriff Ross V.
Anderson, an associate member.
Bernerd Delays His
Trip to U. S. Again
By BRUCE ALLAN
London, Nov. 22. — (By Cable.) —
Jeffrey Bernerd, general manager of
Gaumont British, has again decided to
defer his trip to the United States.
After a conference with Mark Ostrer
today he said he might make the trip
in January.
Important matters require his atten-
tion here, he said, and the American
end of the business is already running
smoothly.
Flash Previews
The Perfect Circle — Better than
ordinary in story, acting and presenta-
tion, this rates as more than satisfac-
tory audience entertainment.
When a Man Sees Red — . . . aver-
age old-type western. . . . Cast satisfac-
tory. . . .
National Theatres
Chartered in N. Y.
These films will be reviewed in full in an
early issue of Motion Picture Daily.
(Continued from page 1)
National Theatres Corp., New York
City, with a stated capital of 1,000
shares at $1 each.
The corporation is authorized to
issue stocks, bonds and other securi-
ties and to give such stock and bonds
in exchange for securities of other
corporations, and generally to act as
a holding company, to engage in and
carry on the business of theatrical
properties covering all forms of
amusement, to finance, exhibit, dis-
play, produce, promote, record, re-
lease and distribute films of every
kind and character. The corpora-
tion may establish other offices, agen-
cies or branches outside of New York
State in any part of the world.
Raymond J. Gorman, David H.
Jackman, Edward S. Williams of the
U. S. Corp., N. Y. C, are the incor-
porators.
On Nov. 1, National Theatres Corp.
was formed in Dover. This corpora-
tion, which is the new name for Wes-
co, holding company for all Fox the-
atre units, increased the outstanding
stock from 1,000 no par shares to 1,-
800,000.
This company does not operate in
New York while the Albany firm, re-
garded as a smaller corporation, may
operate in the local territory, accord-
ing to Hughes, Schurman & Dwight.
Operating Contract
Not Signed — Skouras
Chicago, Nov. 22. — Charles Skouras
denied reports he and Spyros were set
on a new 10-year operating contract
with Fox West Coast Theatres Corp.
as he passed through here today en
route to New York. He said details
have not yet been worked out.
Skouras said the anticipated reor-
ganization of F. W. C. will be com-
pleted by Jan. 1, following which Fox
Midland and Fox Rocky Mountain
will be reorganized here. He hopes
that conferences in New York on oper-
ation plans under reorganization will
be settled in two weeks. He is accom-
panied by his secretary, Edward
Zabel ; James Davidson, statistician,
and Ralph S. Harris, attorney, of
Hughes, Schurman & Dwight.
Lilian Harvey Will
Make 3 in England
Harry Edington has closed a deal
with British International Pictures
whereby Lilian Harvey will make
three pictures for the English company
next year. The former Fox star will
be in London Feb. 1, when she is,
slated to start work on the first.
Edington and his wife, Barbara
Kent, leave for the coast tomorrow by
train. They originally planned to
fly, but changed their reservations be-
cause of snowstorms.
Sam Morris to Europe
Sam E. Morris, vice-president of
Warners, sails for Europe tomorrow
on the Paris on a business trip that
will take him first to London and then
to the continent. He will be accom-
panied by his son, Edwin Morris, who
is making the trip in the interests of
the various music publishing subsid-
iaries of Warners. They will be gone
about two months.
Proof of
PREEMINENCE
THE claims made for Eastman Super-
Sensitive "Pan" have been borne out
again and again by its contributions to the
greatest motion-picture successes. It is ac-
tual performance that proves the preemi-
nence of this Eastman film, and that gives
it its unrivalled acceptance among camera-
men everywhere. Eastman Kodak Com-
pany. (J. E. Brulatour, Inc., Distributors,
New York, Chicago, Hollywood.)
EASTMAN Super-Sensitive
Panchromatic Negative
WHEN A
SHORT
MAN
GROWS
LONG
Congratulations Hal Roach! "BABES IN TO YL AND" is sensational
Your biggest and most ambitious fulMength feature is everything you
dreamed it would be when you selected Victor Herbert's greatest
musical stage success*
"A money-maker," says Coast Variety
" Grand entertainment," says Hollwood Reporter
"Something new under the sun," says L. A. Times
— and Leo
says:
HOORAY FOR LAUREL- HARDY
IN "BABES IN TOYLAND "I
The Leading
MOTION PICTURE
DAILY
VOL. 36. NO. 124
NEW YORK, SATURDAY, NOVEMBER 24, 1934
TEN CENTS
Broadway Sees
Rosy Holiday
WeekLooming
Past 7 Days Dull Except
At the Music Hall
Prospects for business along Broad-
way next week are the best in weeks,
what with strong attractions opening
yesterday and Thanksgiving to boot.
Last week main stem box-office takes
were anaemic and suffered with the
exception of the Music Hall, which
garnered $94,000 on the first week of
"The Gay Divorcee."
The Capitol vesterday opened with
"The Merry Widow" for the first
time at popular prices, and indications
are that the gross will border around
the $50,000 mark. Last week, with
"Evelyn Prentice" for a second week,
the take was $28,900. Opening day's
gross on "Imitation of Life" at the
Roxy was big and the final tally for
the week is due to figure at $40,000.
"Evensong," which bowed out Thurs-
day night, was fair at $25,000. The
management wanted to put on five
shows yesterday, but because the pic-
ture runs 111 minutes this was found
(.Continued on page 3)
Para. Foreign Net
In 3 Mos. $538,000
Net earnings of approximately
$538,000 are reported by the domestic
and foreign film subsidiaries of Para-
mount Publix for the quarter ended
Sept. 30. This compares with ear-
nings of $918,000 by these companies
for the same quarter last year.
Of the $538,000 earnings for the
1934 quarter, however, $473,000 was
realized in the month of September,
as compared with $445,000 for Septem-
ber a year ago.
Net operating earnings of the pic-
ture and foreign groups for the first
(Continued on page 3)
Para. B'way Stock
Unchanged in Plan
The old stock of Paramount Broad-
way will remain undisturbed and full
cash payment will be made to creditors
of the company, other than bondhold-
ers, as a result of changes just made
in the Paramount Broadway plan of
reorganization and embodied in the
latest draft of the Paramount Publix
plan.
An additional change in the Para-
mount Broadway plan stipulates that
renewal of the lease on the Para-
(Continued on page 3)
Rosenblatt to Rush West
To Avert Code Breakdown
Washington, Nov. 23. — Fear of a
code breakdown in the relations be-
tween actors and writers with the
studios is behind Compliance Director
Sol A. Rosenblatt's decision to hurry
to the coast next week.
Producer-actor groups on the five-
five-five studio relations committee
have been deadlocked for some time
as a result of the rejection by pro-
ducers of the actors' proposals. Now
the writers find themselves in the same
situation. They appealed jointly for
Rosenblatt's help through officers of
the Actors' and Writers' Guilds.
Rosenblatt will leave by plane on
Tuesday and will arrive in Los An-
geles on the morning of Nov. 28. He
is prepared to spend the remainder
of the week in an effort to straighten
out the situation.
The two guilds were advised to
this effect today, and the producers
(Continued on page 3)
Operator Wage
Scale Awaits
Confabs Here
Washington, Nov. 23. — Members
of the exhibitor labor committee ap-
pointed by Compliance Director Sol
A. Rosenblatt in September to inves-
tigate operators' wage scales in metro-
politan New York with a view of
developing a standard pay and hour
schedule today advised him that they
had gone as far as they could and
were anxious that he meet with them
to discuss the situation.
Rosenblatt advised the committee
that he would go to New York as
soon as possible after his return from
Los Angeles, probably the latter part
of the week of Dec. 3, prepared to
spend an entire day in consideration
of the problem.
He will give the matter the earliest
possible attention in view of a state-
ment by the committee in its telegram
that "certain conditions" have arisen
which might make the problem more
difficult if delayed.
In order that the matter might be
expedited, Rosenblatt today asked the
committee to have all proposals re-
duced to writing before the meeting.
The Show must go on time — Ship Via
National Film Carriers, Inc. — Advt.
More 1st Division
Offices Open Soon
Al Friedlander, vice-president of
First Division, leaves for Detroit to-
morrow to open a branch office in the
auto city. This will make 14 for the
company.
Within the next two weeks Fried-
lander will go to the coast and open
offices in the west. Before Jan. 1 it is
expected First Division will be rep-
resented in 20 key centers.
Harry H. Thomas returns from At-
lanta on Monday.
Monopoly in
Fore.in Suit
Over Doubles
Philadelphia, Nov. 23. — Resump-
tion of testimony in the Harry Perel-
man double feature suit against major
distributors today gave added indi-
cation that monopoly and restraint of
trade testimony would dominate the
duals angle in the interest of the local
industry. The action is for an in-
junction against restrictions on duals
in contracts for the new season and
is being heard before Judge George A.
Walsh in Federal court here.
Charles Stiefel, South Philadelphia
exhibitor, and Samuel Waldman, an
official of the Garden Amusement Co.,
both of whom testified at the opening
of the hearing yesterday, were on the
stand again today as witnesses for
the plaintiff. Steifel continued his
recital of his asserted difficulty in
getting product. . Waldman testified he
had to close the Walnut because of
the lack of first run major product.
Another witness was Columbus
Stamper, who said he was unable to
get sufficient product for his Tower.
Morris Wolf, attorney for the de-
(Contimied on page 3)
Rockefellers Get 3
On Music Hall Board
Rockefeller interests are represented
by three of the five directors compris-
ing the board of the new Radio City
Music Hall Corp., while RCA's half
interest will be represented by M. H.
Aylesworth, chairman of the new
board, and David Sarnoff, RCA presi-
dent.
The other members of the board
are: W. G. Van Schmus, who con-
tinues as managing director of the
(Continued on page 3)
Actor-Writer
Rift Goes Up
To Code Heads
Groups Now Demanding
Deadlock Be Ended
Hollywood, Nov. 23. — Compliance
Director Sol A. Rosenblatt and Exec-
utive Secretary John C. Flinn arrive
here by plane early next week to set-
tle the rift between producers, writers
and actors in connection with the code.
Flinn leaves New York by plane Mon-
day, Rosenblatt from Washington on
Tuesday.
A wire, signed by Robert Mont-
gomery, vice-president of the Actors'
Guild, and Ralph Block, head of the
Writers' Guild, was sent to Rosenblatt
late Thursday night following a meet-
ing of the actors' and writers' five-five
representatives on the code.
Five producer representatives, ap-
pointed by Campi, to sit in with five
representatives of both actors and
writers groups, refused to accept a set
of resolutions prepared by t.-,e two
groups. When this developed, Rosen-
blatt was notified, but nothing was
done.
Actors and writers now demand ac-
tion and have thrown the entire matter
into the lap of Rosenblatt, who has
(Continued on page 3)
Hearing Likely for
Vaude Code Changes
Washington, Nov. 23. — A public
hearing on amendments to the vaude-
ville provisions of the code is expected
to be approved by the NRA early next
week. The date will probably be in
about three weeks.
Deputy Administrator William P.
Farnsworth tonight returned to Wash-
ington from New York bearing pro-
posals for amendments to deal with
rehearsal pay, waiting time and sim-
ilar questions.
While Compliance Director Sol. A.
Rosenblatt has not yet had time to
(Continued on page 3)
Standard OiVs Show
Plan Hit by Warner
Washington, Nov. 23. — Plans of
Standard Oil to send a two and one-
half hour stage show on a tour of all
the eastern cities at a cost to it of
$15,000 a week, the public admitted
to performances free, were today pro-
tested by Harry M. Warner in a
telegram to Compliance Director Sol
A. Rosenblatt.
Warner pointed out that the show
would constitute unfair competition
(Continued on page 3)
MOTION PICTURE
DAILY
Saturday, November 24, 1934
MOTION PICTURE
DAILY
(Registered U. S. Patent Office)
Vol. 36
November 24, 1934
No. 124
Martin Quigley
Editor-in-Chief and Publisher
MAURICE KANN
Editor
JAMES A. CRON
Advertising Manager
Published daily except Sunday and holi-
days by Motion Picture Daily, Inc., sub-
sidiary of Quigley Publications Inc.,
Martin Quigley, President; Colvm Brown,
Vice-President and Treasurer.
Publication Office: 1790 Broadway, New
York Telephone Circle 7-3100. Cable ad-
dress "Quigpubco, New York." All con-
tents copyrighted 1934 by Motion Picture
Daily Inc. Address all correspondence to
the New York Office. Other Quigley pub-
lications: MOTION PICTURE HERALD,
BETTER THEATRES, THE MOTION
PICTURE ALMANAC and THE CHI-
CAGOAN. m , tt • r-t
Hollywood Bureau: Postal Union Lite
Building, Vine and Yucca Streets, Victor
M Shapiro, Manager; Chicago Bureau: 407
South Dearborn Street, Edwin S. Clif-
ford, Manager; London Bureau: Remo
House, 310 Regent St., London, W. 1,
Bruce Allan, Representative. Cable address.
"Ouigpubco. London"; Berlin Bureau:
Berlin - Tempelhof , Kaiserin - Augustastrasse
98 Joachim K. Rutcnbcrg, Representative;
Paris Bureau: 19, Rue de la Cour-des-
Noues Pierre Autre, Representative; Rome
Bureau: Viale Gorizia, Vittorio Malpassuti,
Representative; Sydney Bureau: 102 Sus-
sex Street, Cliff Holt, Representative; Mex-
ico City Bureau: Apartado 269, James
Lockhart, Representative; Glasgow Bureau:
86 Dundrennan Road, G. Holmes, Repre-
sentative; Budapest Bureau: 3. Kaplar-u,
Budapest, II, Endre Hcvesi, Representa-
tive; Moscow Bureau: Civtzev Yrazhek,
N. 25, Apart. 146, Moscow, U. S. S. R.,
Bella Kashin, Representative. Cable ad-
dress: "Samrod, Moscow."
Entered as second class matter, January
4. 1926, at the Post Office at New York
City, N. Y., under Act of March 3,_ 1879.
Subscription rates per year: $6 in the
Americas, except Canada $15 and foreign
$12. Single copies: 10 cents.
Promoters at Frisco
Are Warned on Jobs
San Francisco, Nov. 23.— Arthur
L. Johnson, attorney for the Labor
Commission, says he has warned S.
A. Hedding and Walter Irving, who
have announced plans for reopening
the old Graf studios in San Mateo,
that state laws prohibit job selling.
Johnson's statement followed the
filing of an affidavit by Bert Russell
that he had been offered his pick of a
job by the new company if he would
invest $1,000 in the company.
Ohio House Approves
Bill for Sales Tax
Columbus, Nov. 23.' — The House
here last night passed the sales tax bill
by a vote of 75 to 25. It is expected
that the Senate will also pass the bill
some time before Nov. 29 and thus re-
peal the admission impost. Bills do-
ing, away with income and liquid fuel
taxes also passed the House.
Was a Liberty Prod.
Distributor credit on "Once to Ev-
ery Bachelor" inadvertently was ac-
corded Mascot and not Liberty _ in
the Providence box-office report which
appeared in Motion Picture Daily
on Tuesday. The picture played the
RKO Victory for four davs and
grossed $1,300, or $300 over the nor-
mal $1,000.
Hollywood Personals
Hollywood, Nov. 23. — Cary Grant invents a new game of soli-
taire. . . . W. C. Fields writing his own dialogue for "Mississippi."
. . . Barry Norton to play the lead in "The King's Highway" for
Penzner Pictures. ... J. Farrell MacDonald lecturing twice a week
at U. S. C. on the subject of screen diction, makeup, costumes and
pantomime . . . Max Reinhardt returns from Chicago . . . Perry
Leiber has a mustache. . . . Malcolm F. C. Bullock, youthful son
of Charley Bullock, United Artists still department head, is caus-
ing enthusiastic comment from stars and directors on the lot on
his camera artistry. . . . Robert Montgomery gets his champion
horse, "Death Lewis," a part in M-G-M's "Vanessa." . . . Hugh
Walpole says he was offered plenty of money for his private col-
lection of letters of Sir Walter Scott, but refused as in the past.
. . . Pete Smith is laid up with the sniffles. . . . Rod LaRocque
spotted in Fox's "Mystery Blonde."
Mirisch New Warner
Head in Wisconsin
Milwaukee, Nov. 23. — Under the
new setup for the Warner circuit in
Wisconsin, Harold Mirisch, originally
slated to go to Cleveland Jan. 1 as
head booker, becomes district manager
of the Wisconsin houses, with Jack
Keegan, formerly Milwaukee district
manager, as his assistant.
The accounting department is being
moved to Chicago and the district
will operate under the direction of
James Coston, Warner zone manager
in Chicago. Ben Katz remains here
in charge of advertising and publicity
for the Wisconsin district.
Warner Party Is Set
The Warner Club Players, an am-
ateur dramatic group made up of mem-
bers of the Warner Club, will hold
its second annual performance and
dance at the club rooms, 321 West
44th St., Friday night, Dec. 7. The
play will be a comedy, "Thank You,
Doctor," with Tess Ginsberg, Ruth
Goldberg, Sol Reiner, Sam W'ollowitz
and Max Fried, and a drama, "The
Valiant," with Hy Blaustein, William
Toles, Cliff Jockers, Marie Carroll,
Ted Hammer and Al Trojack. Both
plays will be staged and directed by
Leo J. Drexler.
Pauline Starke Signed
Pauline Starke has been signed by
Ajax Pictures for a role in "$20 a
Week," the first of a proposed series
of four features.
W anger Reports Few
Cuts in His Picture
Hollywood, Nov. 23. — Not more
than 50 feet of film has been ordered
eliminated from "The President Van-
ishes," according to Walter Wanger.
Joseph I. Breen, head of the Pro-
duction Code Administration, saw the
picture Thursday night and ordered
a small amount of dialogue out.
Wanger says Breen has assured him
in writing that a seal will be issued
when the changes have been made.
Rothenberger in New Job
W. L. Rothenberger has been ap-
pointed manager of the centralized
sound department of the RCA Victor
Co. by G. K. Throckmorton, executive
vice-president.
Rothenberger has been identified
with the communications and house
entertainment phases of radio for the
past 14 years and was formerly dis-
trict sales manager of the centralized
sound department in Atlanta.
Select Switches Title
Select Productions, Inc., has
changed the title of "Bad Penny" to
"The Blind Road." Edward Dean
Sullivan is the author. Production is
scheduled to get under way shortly
at the Biograph studios with the cast
headed by Preston Foster, Melvyn
Douglas, Buster Collier, Jr., Lila Lee,
Shirley Grey and Roscoe Ates. Crane
Wilbur will direct.
Eastman Up 1XU on Big Board
High Low Close
Columbia Pictures, vtc 40 39 39
Consolidated Film Industries 334 3£fe 354
Consolidated Film Ind., pfd 1754 1754 l~Vs
Eastman Kodak 116 11454 116
Fox Film "A" MVi 1354 13%
Loew's, Inc 35 3454 34%
Loew's. Inc., pfd 1G2J-6 102 102
M-G-M, pfd 2754 2754 2754
Paramount Publix, cts 354 3% 354
Pathe Exchange 1% V/A Wa,
Pathe Exchange "A" 1454 1454 1444
RKO 2 154 2
Universal Pictures, pfd 33 3254 33
Warner Bros 454 5% 454
Warner Bros., pfd 1554 15 1554
Net
Change
- 54
+ Vs
+ V*
+ %
+i
+ 54
+ 54
+ Vs
- 54
+ Vs
- Vs
Sales
1,700
900
5.900
1,300
2,400
12.000
200
100
4.500
2,000
900
3.000
6.000
4.300
300
Technicolor Rises Eighth on Curb
Technicolor
High
. 12J4
Low
12'4
Close
1254
G. T. E. Bond Issues Advance
Net
Change Sales
+ J-s 1.000
High Low Close
General Theatre Equipment 6s '40 10 9 10
General Theatre Equipment 6s '40, ctf 954 854 954
Loew's 6s '41, ww deb rights 10354 103% 10354
Paramount F. L. 6s '47 6054 5954 5954
Paramount Publix 554s '50 60 5954 60
Pathe 7s '37. ww 9954 9954 9954
Warner Bros. 6s '39, wd 58% 5854 5854
Net
Change Sales
+ %
+ Vs
+ Vs
- 54
- 54
- 54
< Purely
Personal ►
HOWARD S. CULLMAN has in-
vited a large group of clergymen
of all faiths to see "Wednesday':
Child" at the Roxy, Nov. 27. The pic-
ture is set to open at the house Dec. 7.
Faith Baldwin's story, "Wife
Versus Secretary," which will appear
serially in Cosmopolitan beginning
next January, has been purchased bv
M-G-M.
Hyman. J. Glick, controller of
Mascot for the last three years, re-
signed that post yesterday. His future
plans are not yet set.
Arthur Benlixe, production as-
sistant to Harold B. Franklin and
Arch Selwyn, was added to the list
of Kentucky colonels yesterday.
Whitney Bourne has been dis-
charged from the Doctors' Hospita'
and is at home, well on her way tc
recovery.
Pat Patterson is on her way hert
from Hollywood to meet her husband'
Charles Boyer.
Dwight Taylor has sold hi:
musical, "Two on a Tower," to Para
mount.
Clevelanders Talk
Neighborhood CuU
Cleveland, Nov. 23. — An effort i Li
being made to solve the neighborhooc,
price cut problem in some of the poor )i
er sections by permitting exhibitor I
to get together and seek an agreemen Ir
in each locality.
The idea is to help those who sa: i
they cannot get along without cuts an(i}
at the same time prevent a genera li
spread of lower scales.
"Becky Sharp" First
Feature for Pioneei
Hollywood, Nov. 23. — K e n n e 1 1
MacGowan will produce "Beck .
Sharp" as the first Pioneer featur
for Radio release. He will move hi
office and production unit from thf
Radio studio to the RKO Pathe plam 1
Set 6 "Charlie Chans"
Hollywood, Nov. 23. — Because cl
the success of the current series c
mysteries starring Warner Olanc
Fox has announced an additions
series of six "Charlie Chan" picture:
Simultaneously Fox has signed Olan
to a long term contract calling fo
two pictures a year in which he wi
portray the famous Chinese detec
tive. The first two will be title u
"Charlie Chan in Buenos Aires" an!1
"Charlie Chan in Morocco."
Show Hungarian Film
A group of consular representative
and their families attended a privai
showing of "Hungaria," an offici;
film produced in Hungary, in the Cc
lumbia projection room yesterday. Tr j:
film is being sponsored here by tf
Hungarian-American Societv.
Lasky Signs Ceballos
Hollywood, Nov. 23. — Larry Ceba
los, who just arrived here from Ne-
York, has been signed to do the danc
numbers in "Red Heads On Parade
for Jesse L. Laskv at Fox.
Saturday, November 24, 1934
MOTION PICTURE
DAILY
Actor-Writer
Rift Goes Up
To Code Heads
{Continued from page 1)
consented to come here and try to
end the deadlock. Flinn, who has been
kept advised on the local situation
by J. R. Donovan, his coast repre-
sentative, will precede Rosenblatt's
visit by a few days. A general meet-
ing of the entire five-five-five com-
mittees will be called by Rosenblatt
sometime next week when the rules
promulgated by the two committees
and turned down by the producers will
be up to the compliance head.
Instead of calling a general meeting
for voting on affiliation with the
American Federation of Labor, the
Actors' Guild is calling in small groups
for voting. Thursday night 30 actors
favored the association with the na-
tional labor organization.
Rosenblatt to Rush West
To Avert Code Breakdown
Texas Allied Sends
Protest to Capital
Dallas, Nov. 23. — Resolutions pro-
testing against the code in its pres-
ent form were adopted by the Allied
of Texas convention here and copies
were forwarded to the President.
As was expected, Col. H. A. Cole
was re-elected as president.
Other officers named were : Vice-
presidents, Rubin Frels, Martha Mc-
Spadden, R. N. Smith, L. M. Threet
and R. Z. Glass ; secretary-treasurer,
A. W. Lilly; directors. Homer Mul-
kev, P. V. Williams, Thomas Don-
nell, F. W. Zimmerman, Howard
Bland. Paul Scott, Leaman Marshall,
Mart Cole, Walter Steppleman, I. B.
Idelman, Will Dorbdandt and T. W.
Lewis.
Committees chosen were: Finance,
Zimmerman, Bland and R. M. Smith ;
nominations, J. W. Courtney, Mar-
shall and Robert Cooper; resolutions,
Ed Dorbdandt, Steppleman and Don-
nell.
Overbuying Charged
By Fox, Ashtabula
Cleveland, Nov. 23 — I. D. Fox,
operating the Harbor Theatre at Ash-
tabula, has lodged an overbuying com-
plaint with the local grievance board
against the Shea Chain, Inc., operat-
ing the Palace and Casto, same town.
Fox charges that, since the opening
of his house last August, he has been
unable to purchase product for sub-
sequent runs from any of the major
distributors since contracts have al-
ready been signed for the Palace and
Casto.
Allied Owners Case
Set Back to Dec. 3
A scheduled hearing of creditors
on the Allied Owners plan of reor-
ganization was adjourned to Dec. 3
by Special Master Oscar Lewis in
Brooklyn yesterday to await a ruling
from the U. S. Circuit Court of Ap-
peals on the action of Manufacturers
Trust Co., which is seeking the right
to vote the Allied Owners debentures
for which it is trustee.
If the appeals court upholds the
contentions of Manufacturers Trust,
the latter would have one of the most
powerful voices in acceptance or re-
jection of the plan. Other Allied
Owners bondholders yesterday ap-
peared to favor the proposed reorgani-
zation plan.
The Alllied Owners claim of $23,-
000,000 against Paramount Publix
has been settled and incorporated in
Paramount's pending plan of reor-
ganization and is a vital part of Al-
lied's own plan. It provides for the
issuance to Allied of new Paramount
securities to satisfy $5,000,000 of the
claim, the payment of $150,000 in cash,
the purchase from Allied for $1,000,-
000 of the Alabama, at Birmingham,
and long term leases by Paramount
of the Brooklyn Paramount, and the
Glens Falls, N. Y., and Fremont, O.,
Paramount theatres.
Lewis set Nov. 30 as the final date
for filing of objections to the Allied
plan by creditors.
Fill Three Board Spots
Three replacements have been made
on grievance boards in Cincinnati,
Minneapolis and Kansas City by Cam-
pi. In Cincinnati Joseph Oulahan re-
places George Smith, who is being
transferred to Paramount's San Fran-
cisco branch. Smith is now in New
York and leaves for the coast next
week. Ralph Cramblett, who replaced
Max Stahl as Minneapolis U. A. man-
ager, also supplants him on the griev-
ance board. Fred Wolfson, attorney,
has been named to replace Dr. Paul
Lux as impartial member of the
Kansas Citv board.
Para. B'way Stock
Unchanged in Plan
(Continued from page 1)
mount Theatre after the first 10-year
period shall be for a rental to be
based on an appraisal of the proper-
ty and for a term ending at the date
of maturity of the new Broadway
bonds, in 1955. As security for the
new lease, the new Broadway com-
pany is to deposit six months' rent
or its equivalent in bonds.
Paramount Broadway is the hold-
ing cocmpany for the Paramount Bldg.
and theatre.
Para. Foreign Net
In 3 Mos. $538,000
(Continued from page 1)
half of 1934 were $3,474,000, and for
the entire vear of 1933 they were
$5,852,000.
Third quarter earnings for the the-
atre and other companies are not yet
available. Net operating earnings of
these companies for the first six months
of 1934 were $44,000, as compared with
a deficit of $160,000 for the entire year
of 1933.
Standard OiVs Show
Plan Hit by Warner
(Continued from pane 1)
with exhibitors under the code and
urged that action be taken to stop the
oil company from carrying out its
project.
The question of free admissions has
been pending before the Recovery Ad-
ministration in connection with radio
broadcasts but has not before been
raised with respect to a "legit" show.
(Continued from page 1)
will also be notified in order that they
may confer with him if they desire.
He will be accompanied by Assis-
tant Deputy Administrator Maurice
Legendre.
Hollywood, Nov. 23. — Fourteen de-
mands are made by screen actors in
the final draft of their code of fair
practice submitted to producers. All
have been unanimously accepted by
the actor members of the five-five
committee, while the producer repre-
sentatives have voted every one of
them down.
Among the 14 points are a new
form of standard contract for day
players, a basic eight-hour day with
a 15-hour rest period, one hour added
for every hour worked overtime ; abo-
lition of the call bureau, curtailment
of layoffs to one week for 40-week
contract players, instead of single
days through the year.
Writers have not yet proposed the
final draft of their code to the pro-
ducers. Since their demands are
understood to be somewhat similar
to those of the acting profession, it
is believed they will have some
trouble requesting Washington inter-
cession before presenting the final
draft to the producers, which is
scheduled for next week.
Kansas City Rulings
Beclouded by Appeal
Kansas City, Nov. 23. — The validi-
ty of a number of grievance decisions
involving clearance is beclouded by a
Campi ruling that the code machinery
cannot adjudicate infractions of any
schedule which has not received
Campi's approval.
The ruling was given on an appeal
by E. S. Young. Roanoke Theatre,
charging Universal had furnished a
picture a day head of schedule to the
Mokan. The local board dismissed
the action when the theatre, also a
respondent, assumed full blame for the
violation, absolving the exchange.
This was the first case of its kind
filed here against a distributor.
Hearing Likely for
Vaude Code Changes
(Continued from page 1)
confer with Farnsvvorth, it is believed
he will set a date for the hearing
before he leaves for Hollywood on
Tuesday. It has long been expected
in the industry that a hearing would
be required.
Broadway Sees
Rosy Holiday
WeekLooming
(Continued from page 1)
impracticable. "Imitation of Life"
may hold three weeks.
The Paramount is hopeful of getting
around $55,000 on "College Rhythm."
Two weeks are certain and a third
is likely if the gross holds up on the
second stanza.
"Lady by Choice" at the Palace
fared badly with $11,000. The picture,
coupled with "Peck's Bad Boy" goes
into RKO neighborhood houses start-
ing Tuesday. The Strand, with "The
Firebird," grossed $10,150 and was
replaced with "Gentlemen Are Born."
In Brooklyn, Loew's Metropolitan
was the only house to cheer about its
business. With Eddie Cantor on the
stage and "Trans-Atlantic Merry-Go-
Round" on the screen, the house went
about 75 per cent over average with
a tally of $35,000.
The Fox with "There's Always To-
morrow" hit about $13,000, while the
Paramount with "St. Louis Kid" got
$15,000. The Strand with a dual bill,
"I'll Fix It" and "Six-Day Bike
Rider," hit a weak $9,000.
Campi on Monday will officially an-
nounce the amendments, nine in all,
as adopted at the last Campi session.
Film Code Is Praised
At a meeting of all Code Authori-
ties held Thursday, one of the speak-
ers stated that the film code was the
most efficiently operated of the 485
in effect. John C. Flinn attended.
Campi Arranges Audit
Price, Waterhouse & Co. has been
engaged by Campi to make a second
audit of expenses, this time for the
period from July 1 to Dec. 31, 1934.
Monopoly in Fore
In Doubles Action
(Continued from page 1)
fendants, climaxed a long series of
objections to the testimony of wit-
nesses for the plaintiff by announcing
to the court a blanket objection to the
proceedings as a whole, indicating a
prompt appeal would be taken if the
case went to Perelman.
Among those at the hearing today
were Stanley Friedman and I. Leven-
son of the Warner home office legal
department.
Testimony will be resumed Monday,
although Judge Walsh yesterday said
he did not expect the hearing would
cover more than two days.
Rockefellers Get 3
On Music Hall Board
(Continued from page 1)
Music Hall ; Francis T. Christie, a
Rockefeller attorney and executive
vice-president of Rockefeller Center,
and Webster B. Todd of Todd & Rob-
ertson, who is a member of the board
of managers of Rockefeller Center and
a vice-president of the new company.
RCA and Rockefeller Center each
have a 50 per cent stock interest in
the new Music Hall company.
Officers of the new company in
addition to Van Schmus and Todd in-
clude three representatives of the
management. They are Leon Leoni-
doff, Music Hall stage show producer,
who becomes a vice-president : G. S.
Eyssell, assistant to Van Schmus, who
becomes secretary, and Russell V.
Downing, former comptroller, who
becomes treasurer.
RKO Sets Publix-Wilby
RKO has just sold its 1934-35 prod-
uct, features and shorts, to the Publix-
Wilby circuit of southern theatres.
Cresson E. Smith, Herbert Macln-
tyre and Hubert Lyons handled the
deal for RKO.
MOTION PICTURE
DAILY
MOTION PICTURE DAILY*
HOLLYWOOD PREVIEW
"The Perfect Clue"
(Majestic)
Hollywood, Nov. 23. — Better than ordinary in story, acting and
presentation, this rates as more than satisfactory audience entertainment.
Dramatic romance in the characters of the picture makes good use
of the action and dialogue in a series of interest-holding situations build-
ing to a unique crime solution climax.
Dorothy Libaire, resenting her father's proposed re-marriage, elopes
with "Skeets" Gallagher. A change of heart causes her to desert him
to meet Ex-Convict David Manners for a series of romantic situations.
Manners succumbs to Miss Libaire's charms, but the pair is arrested
on a murder suspicion. The father bails out the girl. She, with jittery
Gallagher, returns to the scene of the crime to discover a clue hidden
in a bowling pin and to prove the identity of the killers to the authori-
ties thereby. The expected happy ending ensues.
Mild thrills and excitement prevail and are climaxed by a sensational
auto chase scene. "The Perfect Clue" is clean and wholesome through-
out, Lilita Westman's original adapted by Albert DeMond, with Ralph
Ceder and Don Brown furnishing the dialogue. Robert Vignola's direc-
tion is intelligent and geared to action for thrill fans.
Miss Libaire and Manners are convincing and real in the lead roles
with Gallagher furnishing contrasting comedy that is sure to please in
the subsequent run field. The picture affords an opportunity for clever
showmanship in creating interest. Previewed without Production Code
Seal. Running time, 63 minutes. "G."
4
Kennedy to Appear
For Pathe Hearing
J. P. Kennedy, former Pathe Ex-
change head, now director of the Fed-
eral Securities and Exchange Com-
mission, has consented, through coun-
sel, to appear in a Pathe stockhold-
ers' suit growing out of the 1931 sale
of the company's assets to RKO on
the condition that he be not required
to submit to examination before trial
on the allegations in the complaint.
Charges that the RKO deal re-
sulted from "high pressure salesman-
ship" and that more than half of the
$3,000,000 RKO notes given in pay-
ment are now in default were made
by Harry L. Kreeger, counsel for a
Pathe stockholders' group, at the hear-
ing before Supreme Court Justice
Cotillo on Pathe's application for its
extraordinary meeting of stockhold-
ers, approved by the court for March
4, to ratify the company's plan of re-
capitalization. Walter Vincent, one
of the stockholder plaintiffs, told the
court that it had been impossible to
serve Kennedy in the suit up to now
but that his counsel had recently dis-
closed Kennedy's willingness to appear
on the condition stipulated.
Stuart W. Webb, Pathe president,
stated that the RKO transaction had
nothing to do with the company's need
for financial reorganization and de-
clared that the indifference of stock-
holders to special meetings called
earlier to consider the reorganization
plan made it necessary to ask the
extraordinary meeting.
Slight Gain Shown
By Coast Studios
Hollywood, Nov. 23. — Studios are
becoming more active. There were
two more features and four more
shorts before the cameras last week
than during the preceding week.
Total subjects in work for the past
week were 37 features and eight
shorts, while 19 features and 13
shorts were in the final stages of
preparation with 41 features and 18
shorts in the cutting rooms.
Paramount headed the field with
seven features before the cameras,
three preparing and four editing. War-
ners had six, one and five; Universal,
six, zero and four ; M-G-M, four, four
and nine; Columbia, four, three and
five ; Fox, three, three and five ; 20th
Century, one, zero and one ; Radio,
one, two and five, while the indepen-
dent group had a total of five, three
and three.
In the short subject division Roach
had two before the cameras, two pre-
paring and three editing ; Columbia,
one, two and two ; Radio, zero, two
and five ; M-G-M, zero, four and four ;
independents, five, three and four.
Levy Completes Trip
Jules Levy, vice-president and gen-
eral sales manager of the RKO Dis-
tributing Corp., returns to the home
office today, having flown from the
coast after a visit to the studios.
Before arriving on the coast, Levy
toured the RKO branches.
Will Film Bridie Play
London, Nov. 23. — Alexander Kor-
da, London Films production execu-
tive, reveals his company will film
"Mary Read," James Bridie's new
play.
Mrs. Rhoden Is Buried
Kansas City, Nov. 23. — Funeral
services for Mrs. C. A. Rhoden,
mother of E. C. Rhoden, Fox Mid-
west division manager, took place in
Omaha, where she died. Besides her
husband, she is survived by two sons
and two daughters.
Attending the funeral from Kansas
City were, in addition to Rhoden, L. J.
McCarthy, Fox Midwest district man-
ager, and C. A. Schultz, head of
Commenwealth Theatres.
Loew West in January
David Loew, vice-president of
Loew's, Inc., will leave for the coast
the end of January for a vacation. He
intends to play a lot of golf and give
the M-G-M studios the once-over. He
recently returned from the south,
where his contemplated vacation was
ruined by a few snowstorms.
G-B Signs Song Writers
Gaumont British has signed three
American song writers, Maurice Sig-
ler, Al Hoffman and Albert Good-
heart, who have left for England.
Sailing Today on Paris
Henri Klarsfeld, of the Paramount
Paris office ; Sam Morris, vice-presi-
dent of Warners and his son, Edwin;
Val Parnell, London theatre oper-
ator ; Marcel de Sano, assistant super-
visor with Irving Thalberg ; Richard
de Rochemont, European correspon-
dent for March of Time Newsreel
and Pierre Sandrini, French and
South American theatre operator, all
sail today for Europe on the Paris.
Collins Starts New Pact
Hollywood, Nov. 23. — Cora Sue
Collins starts her seven-year M-G-M
contract on Monday. After the first
six months the company has a six
months' option which is followed by
six one-year options.
Mordant Shairp's option, expiring
Dec. 3, will not be exercised. He's a
writer.
Barcelona a Father
Baton Rouge, La., Nov. 23 — Joe
Barcelona, owner of the Tivoli, and
member of the clearance and zoning
board, is the father of a baby girl.
Saturday, November 24, 1934
Short Subjects
"Rural Romeos"
(F o x-Educaiional )
Harry Gribbon fans probably will
like it, but a preview audience in s,
projection room remained calm. Grib->
bon, as a down-on-his-luck crooner,
applies to a farm house for a handouH
He is taken in, and arouses th<
jealousy of Harry Short, who is aftei
the hand of Virginia Fairfax. Aftei
What Symbols Mean
The "G" symbol indicates
general entertainment.
The "A" symbol indicates
adult entertainment.
various incidents on the farm, durinf
which Gribbon sings, they arrive a
a country fair and Gribbon wins ;
hog calling contest by hiding a micro
phone under his vest. The pictun
winds up with the farmers chasinj
him. Viewed with no production cod
seal. Running time, 21 mins. "G."
"Spice of Life, No. 4"
(Spice of Life-Columbia)
Fourth in this series with a pro
logue and epilogue by Dr. Rockwell
vaudeville headliner and, like it
predecessors, carrying jokes and som<
political comment in titles and pre
pared by the editors of The Literary
Digest in the style of the one-tirn
Topics of the Day. Of average enter
tainment value which might easily be
come something beyond through th
national backing accorded this serie
in the columns of The Digest. N(
production code seal. Running time
8 mins. "G."
"Dartmouth Days"
(M-G-M)
Here is a short subject with reaj
audience appeal. It is made up wholl;
of scenes in and around Dartmouth
College, particularly during the Win,1"
ter Carnival. Student activities fronffl
football to skiing are shown and par I
ticularly interesting and thrilling ar
the skiing races and jumps, all perl
formed by members of the studenB
body. The reel winds up with a col
lege song. Code seal, No. 97. Runnin;
time, 10 mins. "G."
'Crossroads of the World
(Fox-Educational)
A "Magic Carpet of Movietone
with the scenes laid in Singapore. Th
photography is splendid and is don
in such a way that the scenes blen
from one phase of Oriental life to an
other. The narrative is breezy. Ver
well done. Running time, %Y\ min;
"G."
Warner Group Returnini
Hollywood, Nov. 23. — Albert I
Warner, Gradwell Sears and A. V\
Smith started east by plane tonigl
following conferences on forthcomin
Warner and Cosmopolitan product.
Home Is Heading Bach
Hollywood, Nov. 23. — Hal Horn(
United Artists publicity head, was o
his way back east tonight with h
bride.
Garbo and Her Latest
The hinterland, sometimes known as Hollywood, has been re-
porting difficulties over "The Painted Veil" as shown there in
preview form. The first couple of reels, it appears, met with the
disfavor of M-G-M studio executives. So back for retakes, a la
the well-known Metro system, went those reels under the direc-
tion of W. S. Van Dyke.
Yesterday and in its release form, the Garbo picture was
screened locally. Whatever the trouble may have been over the
opening sequences, it is gone now. The picture is a lot of the
Garbo, her beauty, her close-ups, her emotional range and the
intrigue of her walk. Also in it is plenty of Herbert Marshall,
this time probably more effective than this reviewer, at least,
can recall him. George Brent, as a pleasant heavy, is generally
good.
"The Painted Veil" is a warmer Garbo than the woman in
"Queen Christina" and, in point of what it takes to make sub-
stantial box-office, considerably ahead of it.
KANN
The Leading
of
fi r* \
t?r\ \
Motion^
Picture
Industry
MOTION PICTURE
DAILY
Alert,
Intelligent
the I
in All
Branches
VOL. 36. NO. 125
NEW YORK, MONDAY, NOVEMBER 26, 1934
TEN CENTS
Pathe Plan Is
New Financing
Of Production
Note Issues to Furnish
Capital As Needed
Preparation for new and extensive
financing of production by Pathe will
be advanced by the company in an-
ticipation of approval of its completed
plan of financial reorganization at the
extraordinary meeting of stockholders,
March 4, 1935, as a result of authori-
zation of the meeting by the state
supreme court, it was learned Satur-
day.
The reorganization plan provides for
the issuance by the new Pathe com-
pany of collateral secured notes, of
which $4,000,000 may be outstanding
at any one time, and which will be
convertible into new common stock.
This provision is designed to provide
new working capital which may be
applied to production financing and
also to retire all or any part of the
$2,027,500 of sinking fund debentures
outstanding, maturing in 1937.
The plan may be approved by two-
thirds of the stock represented at the
(Continued on page 8)
Kansas City's Price War
May Set Back Clearance
Modernism to Rule
Theatres: Buchanan
Chicago, Nov. 25. — Theatre con-
struction and remodeling of the future
will be almost entirely along modern-
istic lines, according to B. B. Buch-
anan, who, as maintenance engineer
for B. & K. and Publix Theatres,
supervised the construction of over 100
of the present day de luxe spots.
The finest aichitectural examples —
intrinsically worthy as they may be —
are out of line with current require-
ments for successful theatre operation,
Buchanan states. Periodic treatment,
such as French renaissance, Tudor,
Colonial and similar accepted archi
tectural traditions must give way to
(Continued on page 7)
Garbo May Do Two
ForM-G-M This Year
Greta Garbo may make two for
M-G-M this season instead of one as
originally planned. Decision will fol
low after arrival of Harry Edington,
her manager, on the coast for confer-
ences. Edington and Barbara Kent
his wife, left for Hollywood over the
week-end.
After having talked with the Swed-
ish star over long-distance telephone,
(Continued on page 7)
Selling of Protection Is
Demanded by Schaefer
Kansas City's price war indicates
another setback for the local clearance
and zoning plan. The modified sched-
ule, received by Code Authority Fri-
day and due to come up for discussion
tomorrow, will not be approved until
the Tower and Loew's Midland in
Kansas City definitely determine what
price scale will prevail.
While admissions are an important
factor in setting up clearances, it is
conceded by all Campi men that the
rental paid for film and its accom-
panying protection are to be taken into
consideration before the price scale is
given weight.
All clearances will be based on pro-
tection after first runs. Whether K. C.
subsequents charging 40 cents will get
(Continued on page 7)
Vaude Changes
Call for Six to
Hear Charges
Establishment of a vaudeville com-
plaints' committee of six, one repre-
senting actors, two theatre men, one
vaudeville producer, one agent and an
impartial member to be representative
of the public by Campi highlights the
nine amendments, additions and modi-
fications to the vaudeville section of
the code adopted by Code Authority at
its last meeting, it was disclosed on
Saturday.
The amendments were unanimously
approved by both the vaudeville com-
mittee and Campi and sent to Com-
pliance Director Sol A. Rosenblatt for
approval. Rosenblatt, before leaving
for the coast tomorrow, will set a date
for public hearing, which is expected
(Continued on page 7)
Move to Zone
Eastern Penn.
Territory On
Philadelphia, Nov. 25. — Drafting
of a proposed clearance and zoning
schedule for the Eastern Pennsylvania,
Southern New Jersey and Delaware
territory will be undertaken by the
Independent Exhibitors Protective
Ass'n here following a meeting to be
held Tuesday at which all independent
exhibitors in the territory have been
urged by the organization to submit
"fair and reasonable" clearance and
zoning recommendations for their own
houses.
The individual exhibitor recommen-
dations will be utilized by a commit-
tee of the I.E. P. A. in drafting a mas-
ter schedule for the territory which,
it is planned, will be submitted, direct
(Continued on page 7)
California /. T, O. A.
Bucks Operator Pay
Hollywood, Nov. 25. — The I. T. O.
of Southern California is marshalling
exhibitors in this territory for a cam-
paign of opposition to operators' wage
scales which have been upheld by the
local NRA labor compliance board.
Contending that the wage scales are
exorbitant, the organization is map-
ping plans for a direct appeal to
Washington.
Following further insistence by the
local board yesterday that scales for
(Continued on page 71
Only 6.7% of Wired
Canada Houses Dark
Toronto, Nov. 25. — According to
official figures, less than 10 per cent
of the wired theatres in Canada are
closed. To be exact, the number of
dark theatres is only 6.7 per cent, of
the total of 883 houses equipped for
sound.
Ontario has only one closed theatre
out of a total of 288. Quebec, with
146 houses, has 18 on the closed list.
On the Pacific Coast, British Colum-
bia also has only one dark theatre
(Continued on page 7)
Insists Principle Should
Be Part of All New
Clearance Setups
Kansas City, Nov. 25. — Distribu-
tors intend to demand that clearance
schedules be based on the principle
of bargaining for protection, declared
George J. Schaefer, Paramount gen-
eral manager, while here discussing
the clearance schedule with local ex-
hibitors.
This, he declared, would establish
the inherent right of an exhibitor to
buy any run he is capable of buying
at the rental he is able to pay, to
protect himself against competition,
unfair or otherwise; and would also
establish the right of the distributor
to sell protection to whomever he
might choose.
Explaining the far-reaching effects
of protection, or the lack of it, Schae-
fer said :
"Fifty per cent of all producer-dis-
tributor revenue is derived from the
first runs in the first 400 cities in the
United States. If the time ever comes
when that revenue is not protected
(Continued on page 7)
Religious Themes
Face Mexican Ban
By JAMES LOCKHART
Mexico City, Nov. 25. — A sweep-
ing ban on the exhibition in Mexico
of films embodying religious themes
or practices is reported here to be
under consideration by the Federal
legislature.
The scope of the law, according to
report, would cover pictures which re-
fer directly or indirectly in any form
to any religion or religious practice or
which include roles portraying clergy-
men or holy people of any denomina-
tion. It is also reported that sponsors
of the law demand an immediate ban of
Fox's "The World Moves On" because
of its reference to religious themes and
sequences which include picturizations
of saints, churches, holy images and
vessels.
F linn in Hollywood
To Patch Code Rift
Hollywood, Nov. 25. — John C.
Flinn, executive secretary of Campi,
arrived here by plane today from New
York for a 10-day stay to confer on
(Continued on page 7)
MOTION PICTURE
DAILY
Monday, November 26, 1934
MOTION PICTURE
DAILY
(Registered U. S. Patent Office)
Vol. 36 November 26, 1934 No. 125
Martin Quigley
Editor-in-Chief and Publisher
MAURICE KANN
Editor
JAMES A. CRON
Advertising Manager
Published daily except Sunday and holi-
days by Motion Picture Daily, Inc., sub-
sidiary of Quigley Publications, Inc.,
Martin Quigley, President; Colvin Brown,
Vice-President and Treasurer.
Publication Office: 1790 Broadway, New
York. Telephone Circle 7-3100. Cable ad-
dress "Quigpubco, New York." All con-
tents copyrighted 1934 by Motion Picture
Daily, Inc. Address all correspondence to
the New York Office. Other Quigley pub-
ications: MOTION PICTURE HERALD,
BETTER THEATRES, THE MOTION
PICTURE ALMANAC and THE CHI-
CAGOAN.
Hollywood Bureau: Postal Union Life
Building, Vine and Yucca Streets, Victor
M. Shapiro, Manager; Chicago Bureau: 407
South Dearborn Street, Edwin S. Clif-
ford, Manager; London Bureau: Remo
House, 310 Regent St., London, W. 1,
Bruce Allan, Representative. Cable address:
"Quigpubco, London"; Berlin Bureau:
Berlin - Tempelhof, Kaiserin - Augustastrasse
28, Joachim K. Rutenberg, Representative;
Paris Bureau: 19, Rue de la Cour-des-
Noues, Pierre Autre, Representative; Rome
Bureau: Viale Gorizia, Vittorio Malpassuti,
Representative; Sydney Bureau: 102 Sus-
sex Street, Cliff Holt, Representative; Mex-
ico City Bureau: Apartado 269, James
Lockhart, Representative; Glasgow Bureau:
86 Dundrennan Road, G. Holmes, Repre-
sentative; Budapest Bureau: 3, Kaplar-u,
Budapest, II, Endre Hevesi, Representa-
tive; Moscow Bureau: Civtzev Vrazhek,
N. 25, Apart. 146, Moscow, U. S. S. R.,
Bella Kashin, Representative. Cable ad-
dress: "Samrod, Moscow."
Entered as second class matter, January
4, 1926, at the Post Office at New York
City, N. Y., under Act of March 3, 1879.
Subscription rates per year: $6 in the
Americas, except Canada $15 and foreign
$12. Single copies: 10 cents.
"Iron Duke" Date Set
London, Nov. 25. — Premiere of
"The Iron Duke" at the Tivoli next
Friday evening looks like the high-
light of the theatre week here. The
Prince of Wales is expected to
attend.
Gaumont British declared Saturday
it intended launching a fan magazine
advertising campaign here beginning
with "The Iron Duke." Estelle
Schrott is handling that branch of the
company's publicity.
Charter New M. H. Corp.
Albany, Nov. 25. — The new Radio
City Music Hall Corp. has been
chartered here with capital of 500
shares non par value stock. Directors
and subscribers are listed as Francis
T. Christie, Andrew Jackson and
Rudolph A. Travers of New York.
Milbank, Tweed, Hope & Webb are
attorneys.
Colbert in "One Woman*'
Hollywood, Nov. 25. — Claudette
Colbert's first film on a new two year
contract with Paramount calling for
six pictures, will be "One Woman,"
a Tiffany Thayer yarn. The actress'
new ticket allows her to do pictures
for other studios.
Plans "Hood" Road Show
Sol Lesser plans to produce "Robin
Hood" on a road show scale.
Insiders' Outlook
ROSSES are not what they
ought to be. This is the wail
of the distributor and the exhibi-
tor. In practically all instances,
the gain as of this day is no gain
when numerically matched up
alongside of the figures for the
identical period of 1933. Yet the
net is better. Sounds like no sense
at all, but the answer finds itself
in the type of operation to which
your up-and-going theatreman
today subscribes. He is more
sane, more economical and he has
gone places in wringing the water
from his bond and debenture
issues. While grosses, therefore,
may be disappointing, the chagrin
is not as keen as some would
have you believe. The take is
less, but so is the "nut" and black
ink more generally prevails. . . .
T
For what was apparently no
reason, Manny Cohen put himself
between quotes on the coast the
other day. It was all about his
distaste over and his lack of in-
tention of filing a salary claim
against Paramount. Listen to
heights to which his loftiness
soared :
"Many times during the last
few years I have requested peo-
ple in my department to take
salary cuts in order to help the
company. They did this, al-
though their work was entirely
satisfactory. Most of these had
no contracts, and I always men-
tioned to these that I was taking
proportionate cuts, even though
I had a contract.
"Many of these people are still
working at these reduced sala-
ries and I do not feel, under
these circumstances, that I have
a moral right to file a claim for
these reductions or for the un-
completed term of my contract
while these people cannot do the
same."
The question, which is not
much of a question at all, is
whether or not Cohen was taking
a back-handed slap at George
Schaefer who has a claim of his
own— total about $98,000— and
has filed it. Cohen's face ought to
be red when he learns Schaefer's
petition so far has not been al-
lowed. So churn the churn-
ings. . . .
T
Considerably more smoke than
fire permeates the Hollywood
yarn narrating in excited fashion
the difficulties between Walter
Wanger, producer, and Will
Hays, adjuster, over "The Presi-
dent Vanishes." For the none too
subtle hand of publicity played its
part. Evidently it did it well
enough to make the United Press
and certain newspapers fall.
There is a difference of opinion
about several of the sequences,
but that sort of thing is routine
now under Production Code Ad-
ministration. The picture will be
released virtually extant; Jay
Paley, the broadcasting man who
is a partner of Wanger's in this
and other pictures to come for
Paramount, will hardly find it
necessary to hire his own the-
atres and Wanger himself de-
nies the attraction is steeped in
Fascist propaganda. In other
words, a build-up. . . .
T
From out of the wide open
spaces served by the Dallas ex-
changes comes the story of a new
fly-by-nighters "racket" seem-
ingly made possible by the over-
buying provisions of the code —
too liberally or too carelessly in-
terpreted. Unknowns, the story
goes, will open shop in any con-
venient, vacant store or hall and,
if not bought out promptly by an
established competitor, will go to
the local grievance board with
complaints of inability to obtain
oroduct due to the alleged over-
+ %
Fox Up Half on Big Board
Net
High Low Close Change
Columbia Pictures, vtc 39 39 39
Consolidated Film Industries 354 354 354
Consolidated Film Industries, pfd 1754 1754 17J4
Eastman Kodak 116 115^ 116
Eastman Kodak, pfd 14254 1421/ 14214
Fox Film "A" 13^ 1354 13%
Loew's, Inc 35% 34% 35%
Loew's, Inc., pfd 10254 10254 10254
M-G-M, pfd 2754 2754 27;4
Paramount Publix, cts ,. 354 354 354
Pathe Exchange 154 1% 1%
Pathe Exchange "A"... 1454 1454 1454
RKO 2 1% 2
Warner Bros 454 4f£ 454
+ 54
+ 54
+ 54
+ 54
- 54
- %
- 54
Sales
200
700
4,600
300
1,000
700
4,500
100
100
2,200
1,000
100
200
700
Technicolor Jumps % on Curb
Net
Technicolor
Paramount F. L. 6s '47
Paramount Publix 554s '50.
Pathe 7s '37, ww
Warner Bros. 6s '39, wd...
High
Low
Close
Change
Sales
• 127%
1254
12^
+ H
200
Quarter Rise
Net
High
Low
Close
Change
Sales
1054
10
1054
+ Yz
46
4154
4154
4154
1
60
5954
5954
- a
20
60
60
60
32
99
99
99
-54
1
59
58%
59
+ 54
12
buying by the established theatre.
The "racket," it is said, has
worked in several instances
where the known exhibitor has
bought off the intruder at his nui-
sance value. Says Campi, in ef-
fect: "It might work if the es-
tablished exhibitor permits it to,
but not if he carried the over-
buying complaint as far as
Campi." . . .
▼
Nick Ludington, Jack Curtis
and "Jock" Whitney — friends all.
That may be responsible for the
story around that Whitney's pub-
licized Technicolor features will
be released through First Di-
vision. Not all of them you
understand, for "The Last Days
of Pompeii" is set with Radio.
And perhaps "Becky Sharp," as
well. . . . Joe Hornstein's decision
to go it on his own in the equip-
ment field was six months in the
making. He lost much of his
taste for his former post with
Continental, the Warner equip-
ment appendage, that far back
and bided time and opportunity
to step out for himself once
again. . . . Universal advertising
of "Imitation of Life" makes no
mention of Louise Beavers. She
is the colored performer who ap-
pears all through the attraction,
delivers an excellent and touch-
ing performance and, in many
scenes, takes the picture away
from its star, Claudette Col-
bert. . . .
T
London mailbag, all about
Gaumont British :
"Maurice Ostrer has been sent
down to Shepherd's Bush to
take complete financial control
of the studios.
"Mickey Balcon (production
chief) remains and, while his
title is unchanged, he — among
others — recognizes that he is in
a secondary position and not the
head of the studios, as he was
prior to his departure for
America.
"C. M. Woolf (joint manag-
ing director) has been negotiat-
ing a large number of contracts
and there is talk G. B. must
have a pipeline from the Bank
of England to Shepherd's Bush.
This has been stopped and the
comment is Woolf has been re-
moved from much of his former
authority and has to bow now
to the dictates of the Ostrers.
"In spite of all the denials and
protestations, it is a well known
fact that negotiations are still
continuing, not only with Max-
well, but with other interests as
well for the purchase of the ma-
jority holdings held jointly by
Fox and Isidore Ostrer. The
feeling over here is that at some
time or other in the near future,
the control of Gaumont British
will change hands."
T
Sol Rosenblatt came close to
quitting the NRA before his ap-
pointment as compliance director
was cloaked with official approval.
It is understood he was offered
two other posts in the NRA
structure, but Rosenblatt turned
(Continued on page 8)
a.
eatt
withBING CROSBY • KITTY CARLISLE
Alison Skipworth • Roland Young
Reginald Owen • Directed by
Frank Turtle • A Paramount Picture
tomorrow night, Tuesday* and hear
BING CROSBY
and
KITTY CARLISLE
sing three hit tunes from
PARAMOUNT' S
'Here Is My Heart*
You will know then what to buy your
customers for Christmas
* Columbia Broadcasting System • 9 P. M. — ' Eastern
Standard Time • 8 P. M. — Central Standard Time
7 P. M. — Mountain Time • 6 P. M. — Pocific Coast Time
To give the work
heart - throb sina
Women
• • • •
So much stuff to help you
sell this show that it takes
publicity a 3 press books
to £e// if/
48 Display ads . . every size and every
shape to suit every campaign need! . .
20,000 words of publicity written so
that newspapers will print it! . .
Special illustrated newspaper features!
Special 6 day illustrated story strip!
. . All kinds of merchandising tie-ups.
contests, stunts . . and school promo-
tions . . All kinds of novel accessories.
Tabloids, Lobby and Box Office trims,
blotters, school bulletins, cut-outs,
banners, hangers, everything you need
to sell a great big show!
6
MOTION PICTURE
DAILY
Monday, November 26, 1934
MOTION PICTURE DAILY*
HOLLYWOOD PREVIEW
"Strange Wives"
{Universal)
Hollywood, Nov. 25. — This one is shaded, average entertainment due
to a story which neither the cast nor director seemed able to surmount.
The film's selling point seems to be comedy but other elements did not
catch audience sympathy at the preview.
The yarn deals with Roger Pryor, a business man, who becomes
infatuated with June Clayworth, portraying a seductive Russian. Mar-
riage has its troubles with Pryor falling heir to all Miss Clayworth's
Russian relatives. The entire plot revolves around his earnest endeavor
to get the relatives some social positions after footing the bill for
lengthy intervals. The relatives finally all make good and Miss Clay-
worth resents Pryor making capital out of the family connections from
which he seems to prosper. The result of the family's success provokes
a marital triangle from which Pjyor emerges victor and Miss Clayworth
finally responds to the masterful overtures of her husband.
Esther Ralston, Hugh O'Connell, Ralph Forbes, Catherine Doucet
and Cesar Romero are cast in the family roles, with Forbes portrayal
better than the rest. Richard Thorpe's direction lacks impressiveness
due, perhaps, to story inconsistencies. The picture may prove amusing
to a limited class of patrons. Code seal No. 400. Running time, 80
minutes. "G."
"When a Man Sees Red"
(Universal)
Hollywood, Nov. 25. — This is an average old-type western. The
story deals with Peggy Campbell, a spoiled New York debutante forced,
by terms of her father's will, to live on his inherited ranch for one year.
Once arrived, Peggy tangles with Buck Jones, the hale and hearty
foreman of the ranch, who has been appointed her guardian. Comes
another debutante into the story, plus a handsome rustler, who manage
to create a lot of jealousy between Peggy and Buck. Following a heroic
expose of a gang of rustlers by Jones, Peggy decides to make him some-
thing other than a guardian.
Alan James directed. Cast satisfactory, including Jones, Peggy, Dor-
othy Revier and LeRoy Mason. Outstanding feature of the picture is
Ted McCord's splendid photography. Production code seal No. 353.
Running time, 60 minutes. "G."
Cleveland Up; Moore a Film1
Standout in Second Week
"Love;9 Show
Denver Smash
With $13,000
Denver, Nov. 25. — A combination
of "Ready for Love" and a stage
show, Texas Guinan's "World Fair
Revue," packed the Denver to the
tune of $13,000, more than three times
the normal take for the house.
"The White Parade" at the Denver
was also in the big money at $7,500,
over par by $1,500, but other houses
couldn't stand the competition.
Total first run business was $29,500.
Average is $20,500.
Estimated takings for the week end-
ing Nov. 22 :
"A LOST LADY" (F. N.)
ALADDIN— (1,500), 25c-35c-SOc, 7 days.
Gross: $2,000. (Average, $2,500)
"READY FOR LOVE" (Para.)
DENHAM — (1,500), 35c-40c-60c. Stage
show. Gross: $13,000. (Average, $4,000)
"THE WHITE PARADE" (Fox)
DENVER— (2,500), 25c-35c-50c, 7 days.
Gross: $7,500. (Average, $6,000)
"HELL IN THE HEAVENS" (Fox)
ORPHEUM — (2,600), 25c-35c-60c, 7 days.
Gross: $5,500. (Average, $6,000)
"MERRY WIDOW" (M-G-M)
PARAMOUNT— (2,000), 25c-40c, 3 days
after a week at the Denver. Gross: $800.
"OUTCAST LADY" (M-G-M)
PARAMOUNT— (2,000), 25c-40c, 4 days.
Gross: $700. (Average for week, $2,000)
Providence Holds
On; Business Brisk
Providence, Nov. 25. — Despite the
fact that exhibitors are preparing to
take it on the chin for the holidays,
grosses last week held up well with
pars being shattered in several in-
stances. The RKO Albee had another
good week, spotting "Great Expecta-
tions" on the screen and a smart stage
revue, most of the draw going to the
show. The house netted $8,800, which
is $1,800 over average.
Fays, too, pulled in some smart
money, catching $8,300 with the film,
"I Sell Anything" and the stage of-
fering, "Let's Smile Again," a full-
length revue. The Strand gathered
$7,100, with the usual take $6,500.
First run business, $40,200. Average
business, $40,500.
Estimated take for week ending
Nov. 22 :
"JEALOUSY" (Col.)
"GIRL OF MY DREAMS" (Mono.)
STRAND— (2,300), 15c-40c, 7 days. Gross:
$7,100. (Average, $6,500)
"I SELL ANYTHING" (F.N.)
FAY'S— (1,600). 15c-40c, 7 days. "Let's
Smile Again," revue, on stage. Gross:
$8,300. (Average, $7,000)
"HELL IN THE HEAVENS" (Fox)
"ELINOR NORTON" (Fox)
MAJESTIC— (2,400), 15c-40c, 7 days.
Gross: $6,500. (Average, $7,000)
"WE LIVE AGAIN" (U.A.)
LOEWS STATE— (3,800), 15c-40c, 7 days.
Gross: $8,000. (Average, $12,000)
"GREAT EXPECTATIONS" (U.)
RKO ALBEE— (2,300), 15c-40c, 7 days.
"Rhythm Roundup," revue, on stage. Gross:
$8,800. (Average. $7,000)
"THE SILVER BULLET" (State Rights)
"GIFT OF GAB" (U.)
RKO VICTORY— (1,600), 10c-25c, 4 days.
Gross: $1,500. (Average, $1,000)
Palace, Balto., Reopening
Baltimore, Nov. 25. — The Palace,
which has been dark for some months,
will reopen Monday with "Supreme
Burlesque" on a reserved seat policy.
It is understood Billy Minsky is back-
ing the project. Bill Proctor will
again manage the house.
Cleveland, Nov. 25. — A couple of
conventions poured some 25,000 peo-
ple into town last week and the the-
atre benefited although "Ziegfeld Fol-
lies" offered stiff competition. The
second week of "One Night of Love"
at the Hippodrome was outstanding,
almost doubling average business.
"Transatlantic Merry-Go-Round" went
to $12,500, or $2,500 over average at
the State. "Gentlemen Are Born" was
a pleasant surprise grossing $4,100, the
best business at the Allen since "Six
Day Bike Rider."
Total business for the week was
$43,100. Average is $36,250 for same
run.
Estimated takings for the week end-
ing Nov. 23 :
"GENTLEMEN ARE BORN" (F. N.)
ALLEN— (3,300), 20c-30c, 30c-40c, 7 days.
Gross: $4,100. (Average, $3,000)
"ONE NIGHT OF LOVE" (Col.)
WARNER'S HIPPODROME— (3,800), 30c-
35c-44c, 2nd week, 5 days. Gross: $7,500.
(Average, $6,000 for- a week, $4,250 for five
days)
"365 NIGHTS IN HOLLYWOOD" (Fox)
RKO PALACE— (3,100), 30c-40c-60c, 7
days. Stage: Olsen and Johnson. Gross:
$15,000. (Average, $15,000)
"TRANSATLANTIC MERRY-GO-
ROUND" (U. A.)
LOEWS STATE— (3,400), 30c-35c-44c, 7
days. Gross: $12,500. (Average, $10,000)
"YOU BELONG TO ME" (Para.)
LOEWS STILLMAN— (1.900), 20c-30c. 30-
40c, 7 days. Gross: $4,000. (Average, $4,000)
RKO Palace average has been reduced to
$15,000. The house formerly computed its
normal at $18,000 with big-time vaudeville,
but is now playing smaller time acts. While
its average is down, the theatre declares
its net is proportionately better.
Hornstein Sells Screen
Joe Hornstein, Inc., has just closed
a deal with the Music Hall to install
the largest screen in the world, a
40x70-foot Ortho-Krome screen. In-
stallation starts today.
Hornstein, who has been making his
headquarters at the Claridge since he
resigned from Continental Theatre
Accessories, moves into the Film
Center Bldg. on Dec. 3.
Hoffberg Books Picture
J. H. Hoffberg has booked "Ria-
chuelo," first Argentine-produced film
to be imported, into the Campoanor
Dec. 7-13.
"Prentice" in
Top Seattle
Spot, $9,000
Seattle, Nov. 25. — "Evelyn Pren-
tice" led the money pictures here last
week finishing an eight -day stanza
ahead of par at $9,000. "One Night
of Love" was the runner-up with
$5,400 for a strong third week at the
Liberty, where it continues for a
fourth.
"Great Expectations" showed weak-
ness at the Music Hall and was with-
drawn at the end of five days when
its takings had reached $4,200. "The
Gay Divorcee" finished the fifth week
of its extended run at the Blue Mouse
with $2,700.
Total first run business was $35,100.
Average is $36,500.
Estimated takings for the week end-
ing Nov. 24.
"THE GAY DIVORCEE" (Radio)
BLUE MOUSE— (950), 25c-40c-55c, 5 days.
(4th week of extended run from Music
Hall). Gross: $2,700. (Average, 7 days,
$4,000)
"EVELYN PRENTICE" (M-G-M)
FIFTH AVENUE— (2,450), 25c-40c-55c, t
days. Gross: $9,000. (Average. $7,000)
"ONE NIGHT OF LOVE" (Col.)
LIBERTY— (1,800), 15c-25c-35c-50c, 3rd
week, 7 days. Gross: $5,400. (Average
$4,000)
"WEDNESDAY'S CHILD" (Radio)
"ONE EXCITING ADVENTURE" (Univ.)
MUSIC BOX— (950), 25c-35c-50c, 7 days.
Gross: $3,250. (Average, $3,500)
"GREAT EXPECTATIONS" (Univ.)
MUSIC HALL— (2,275), 25c-40c-55c, I
days. Gross: $4,200. (Average, $6,500)
"DESIRABLE" (F. N.)
ORPHEUM— (2,500), 25c-35c. 7 days
Vaudeville headed by Clifford Wayne Six
Gross: $4,800. (Average, $5,500)
"MARIE GALANTE" (Fox)
"LADIES SHOULD LISTEN" (Para.)
PARAMOUNT— (3,050), 25c-35c, 7 days
Stage revue featuring Les Hite's Cottor
Club band. Gross: $5,750. (Average, $6,000,
"Parade" Buffalo
Leader at $19,100
Buffalo, Nov. 25. — Above norma
business ruled generally, "The Whit<
Parade" going to $19,100 against ai
average $ 14,300 in the Buffalo.
Weather was unseasonably hot, wifflj
temperatures in the 50's and 60's.
Total first business was $47,700
Normal is $42,800.
Estimated takings for the week end
ing Nov. 23 :
"THE WHITE PARADE" (Fox)
BUFFALO— (3,500), 30c-55c, 7 days
Stage: Venita Gould; Buck & Bubbles; Le'
Ghezzis; Bobby May; Selma Marlowe
Gross: $19,100. (Average, $14,300)
"HIS GREATEST GAMBLE" (Radio)
"PURSUED" (Fox)
CENTURY— (3,000). 25c, 7 days. Gross
$6,000. (Average, $6,000)
"THE MERRY WIDOW" (M-G-M)
GREAT LAKES — (3,000), 25c-40c, 4 days.
2d week. Gross: $7,000. (Average, $8,000.'
"WE LIVE AGAIN" (U. A.)
HIPPODROME— (2.100), 25c-40c, 7 days
Gross: $8,400. (Average, $8,000)
"THE CAPTAIN HATES THE SEA"
(Col.)
"SHOCK" (Monogram)
LAFAYETTE — (3,300), 25c, 7 days
Gross: $7,200. (Average, $6,500)
Shapiro New Club Heac
Cleveland, Nov. 25. — Allan Sha
piro, head of the Warner poster de
partment, has been made president o
the Warner Club to succeed Lew Was
serman, who resigned to becom'
affiliated with the Rappaport Studios.
Monday, November 26, 1934
MOTION PICTURE
DAILY
Protection
Selling Asked
By Schaefer
{Continued from page 1)
and the flow from the first runs is
not continuous, there will be a disas-
trous situation.
"Because of the lack of revenue
from the first runs, inferior product
will result and the subsequent runs
also will suffer.
"The alternative to the curtailment
of the revenue flow from the first runs
is to have the subsequent run shoulder
some of the expense in order to as-
sure the continuance of the standard
bf production quality which has made
possible the industry's development.
"The United States government or
Campi do not intend to deprive the
buyer of his legitimate buying power,"
Schaefer continued. "While the
present system of basing clearance on
admission prices may continue in
practice until it throws things higher
than a kite, Campi should not be ex-
pected to make it law. If continued,
the present clearance system will pro-
duce pronounced abuses.
"Clearance and protection must be
identical in principle in all schedules.
If Campi should give the Kansas City
system the force of law, it would have
to apply equally to all cities. The
system is impractical, even illegal, and
cannot be countenanced.
"We realize we cannot obtain 100
per cent approval of exhibitors and
distributors. The best we can hope
for is a very large percentage of ap-
proval. If we can get that we will
accomplish more than we have been
able to accomplish for many years.
If we can work this problem out, we
will have something the Code Au-
thority can approve for the protec-
tion of everyone's interests."
For New K. C. Schedule
George J. Schaefer, head of the
clearance and zoning committee, and
Edward Golden who were in Kansas
City last week conferring with local
interests on modification of the plan
for Campi approval, reported favor-
ably on the revised schedule at the
Code Authority hearing last Thurs-
day, it is understood.
The modified plan, delayed when the
airmail was forced down by bad
weather, arrived at Campi headquar-
ters Friday. It will be discussed at
a special session tomorrow.
Flinn in Hollywood
To Patch Code Rift
(Continued from page 1)
local code problems. Compliance Di-
rector Sol A. Rsoenblatt and his as-
sistant, Maurice Legendre, arrive here
Wednesday.
Upon his arrival today, Flinn im-
mediately went into a huddle with J.
R. Donovan, coast code secretary, pre-
paring a resume of the recent rift be-
tween the 5-5-5 committee. Flinn will
return to New York by plane Dec. 4.
in time to prepare for the next Code
Authority session on Dec. 6.
New Columbia Dividend
Columbia Pictures, Inc., has declared
a regular quarterly dividend of 25
cents, payable Feb. 2 to stockholders
of record Jan. 14.
Kansas City's Price War
May Set Back Clearance
(Continued from page 1)
pictures 28 days after prior runs and
35-cent houses 35 days after first runs
has not been settled. Campi is also
puzzled what to do with a house that
runs vaudeville against all-picture
policy competition. Whether inclusion
of stage shows in programs will set
back runs on pictures is another ques-
tion to be decided.
Code Authority is proceeding cau-
tiously on the Kansas City plan. When
approved, it will be the first schedule
to be given such sanction and while it
does not necessarily hold true that the
provisions will be used as basic prin-
ciples many factors will serve to help
solve other clearance problems.
It is highly likely that another gen-
eral hearing will be called by Campi
to go over all the clauses again before
the K. C. schedule is finally adopted.
No other schedule will be considered
until Kansas City's plan is disposed of.
If no agreement can be reached on this
plan, the same would apply for others,
it is held.
A suggestion may be made to table
the Kansas City schedule when it
comes up for discussion tomorrow until
the price war is settled. Campi, how-
ever, will have 20 appeals on individual
complaints to dispose of and keep it
busy tomorrow.
California I. T.O. A.
Bucks Operator Pay
(Continued from page 1)
the territory be complied with, the
I. T. O. issued appeals for cooperation
and funds to carry an appeal to Wash-
ington. Recently, several exhibitors
were cited by the board for failing to
comply with the new schedules, which
closely parallel the unions' own scales
and which, according to the I. T. O.,
many small houses are unable to pay.
Garbo May Do Two
For M-G-M This Year
(Continued from page 1)
Edington stated, prior to his depar-
ture, that Miss Garbo had not defi-
nitely decided whether she would re-
turn to her native country for a vaca-
tion. He said the star had several
matters to clean up before she could
go and if she did decide to vacation
abroad, the trip would take her away
from the studios for three months.
Only 6.7% of Wired
Canada Houses Dark
(Continued from page 1)
in 94. In the Midwest territory
there are 120 theatres, of which 19
are not operating at present. The
Maritime Provinces have 93 listed
theatres and 11 are closed.
Kohlmar Seeks Talent
Hollywood, Nov. 25. — Fred Kohl-
mar, production assistant to Sam
Goldwyn, is in New York where he
will spend two months searching for
new talent.
College-Mystery Musical
Hollywood, Nov. 25. — Paramount
is planning a college-mystery musical,
"Terror by Night." Joe Morrison,
Jack Oakie and Helen Mack will head
the cast.
Move to Zone
Eastern Penn.
Territory On
(Continued from page 1)
to Code Authority as the recom-
mendation of the independent exhibi-
tors. The plan is in anticipation of
the imminent drafting of a schedule
by the Philadelphia clearance and
zoning board. The I.E. P. A., alleging
that independent exhibitors are not
represented on the board, are on
record as opposed to its schedule
under the existing circumstances.
On Nov. 21, Motion Picture
Daily stated a general rezoning of
the Philadelphia area was pending,
certain territories already having been
zoned.
Modernism to Rule
Theatres: Buchanan
(Continued from page 1)
the "merchandise appeal" angle as ex-
emplified by modern treatment of the
theatre front and foyer.
"It is all very well to be a "con-
formist," " says Buchanan but you can-
not get away from the fact that thou-
sands of theatres on the Main streets
of thousands of towns are practically
starving in the same basket with the
"butcher, baker and candle stick
maker."
"Theatres sell something so radically
different from the ordinary lines of
neighborhood merchants that it should
be obvious that they should stand
apart. There is plenty to be said for
the fine tradition of architectural
styles, but as a revenue producing unit
I feel theatres must employ more mod-
ern methods of treatment. The thea-
tre should be the brightest spot on the
thoroughfare. This necessarily in-
volves the use of many modern build-
ing materials of a colorful and dis-
tinctive character."
Omaha Operators Raised
Omaha, Nov. 25. — The three first
run A. H. Blank houses here have
signed an agreement with the opera-
tors' union calling for increases of $15
per booth for one year and an addi-
tional increase of $10 for the year fol-
lowing. For a four-man booth, two-
men shifts working 42 hours, the cir-
cuit has been paying $275 per booth.
This has been hiked to $290 for next
year and to $300 the year following.
Sheehan to Groom 5
Hollywood, Nov. 25. — Winfield
Sheehan plans to groom five person-
alities on the Fox lot this season. The
quintet are Siegfried Rumann, whose
latest for the company is "Marie Ga-
lante" ; Alice Faye ; John Qualen of
"Servants' Entrance"; Jane Darwell
of "The White Parade" and Walter
Woolf, who appears in "The Lottery
Lover."
Vaude Changes
Call for Six to
Hear Charges
(Continued from page 1)
to be in about three weeks, in Wash-
ington.
Rosenblatt will approve the person-
nel of the committee recommended by
Campi. This committee will function
like the studio labor committee on the
coast and will pass on all actor-labor
complaints and grievances. The vaude-
ville group will relieve the local NRA
compliance board of vaudeville prob-
lems as a result.
Other amendments approved are :
II. That Article IV, Part 2, Section 1 (a)
of the code be amended by the deletion of
"rep shows, tab shows, tent shows, wagon
shows, truck shows, medicine shows, show
boat or burlesque, as these terms are un-
derstood in the theatre."
III. That Article IV, Part 2, Section
3 (a) of the code be amended to read as
follows :
"Rehearsal periods for pincipals shall be
limited to two weeks. In the event that
the rehearsal period extends more than two
(2) weeks, the principals shall be paid half
salary during' such extended period. This
shall not apply, however, to principals own-
ing their own acts."
IV. That Article IV, Part 2, Section 4
(3) be modified to read as follows:
"Minimum wage of performers employed
on a 'per diem' basis and paid either
directly or indirectly in any form of com-
pensation, shall be $7.50 net per day for
each theate in which they appear."
V. That Article IV- B, Part 2, Section
4 (b) (6) be added:
"If layoff is required because of irregu-
larity of bookings after first two (2) weeks
of consecutive employment, a chorus person
may be laid off without pay seven (7) days
in any six (6) weeks' period. Such layoff
may occur at any time after the first two
weeks of consecutive employment. If ad-
ditional layoff is required, the chorus per-
son shall be paid for the period of such
additional layoff at the rate of three ($3.00)
dollars per day as long as the layoff con-
tinues."
Want Transportation Paid
VI. That Article IV-B, Part 2, Section
6 (b) shall be modified to read as follows:
"If individual notice of contract termina-
tion is given by the employer the chorus
person shall be paid in cash the amount of
the cost of his or her transportation (in-
cluding sleeper and the cost of transporta-
tion of his or her baggage) back to the point
or origin whether the chorus returns im-
mediately or not."
Note: The above should be read in con-
nection with the following proposed amend-
ment :
VII. That a new section to be known as
Article IV-B, Part 2, Section 6 (c) be added
as follows:
"If individual notice of contract termina-
tion is given by the chorus person, the em-
ployer is not required to provide transport-
ation or sleeper."
VIII. The Vaudeville Committee recom-
mends to the Code Authority that in cer-
tain classes of theatres an exemption from
the provisions of Article IV, Section 4 (b)
(working hours and layoff periods in resi-
dent presentation houses) be amended, giv-
ing the management the right of specifying
one of two methods of rest periods from
work with pay as follows:
Plan (1). A chorus person shall be given
one day off per week with pay as at present
provided in the Code in this Article, or
Plan (2). A chorus person shall be given
one full week layoff with pay in every seven
weeks of employment. Plan Number 2 also
to contain the special provisions which were
outlined in your committee's report with
respect to pro rata days off if employment
is less than seven weeks and also the speci-
fied number of hours of rehearsal the week
of layoff, namely, 10 hours, which same
hours of rehearsal shall not be required the
week prior to the layoff.
IX. That Article IV, Part 2, Section 4,
last sentence, first paragraph, shall be
amended to read:
"No chorus person shall be required to
report at a theatre before 9 o'clock in the
morning except upon one day in each week,
which shall be the day of the opening of a
new weekly program, on which day such
chorus person shall not be required to report
at a theatre before 8 o'clock in the morn-
ing."
8
MOTION PICTURE
DAILY
Monday, November 26, 1934
Variety Club Chatter
Pathe Plan Is
New Financing
Of Production
(.Continued from page 1)
March 4 meeting. Earlier stockhold-
ers' meetings at which the plan was
presented failed to constitute a
quorum, which led to the application
to the court for permission to hold the
extraordinary session.
No large-scale financing will be un-
dertaken by Pathe in advance of rati-
fication by the stockholders of the
reorganization plan despite the fact
that a Hollywood office was recently
opened with John Jasper in charge.
Moreover, indicative of Pathe's inter-
est in new financing and laboratory
work on the coast, it was learned that
Stuart W. Webb, president, and Ar-
thur B. Poole, treasurer, will alternate
in making quarterly visits to the
west coast. It is also indicated that
if new Pathe activities in Hollywood
warrant, the company will open a new
laboratory there with ratification of
the reorganization plan. An alterna-
tive to this would be a Pathe associa-
tion with a Hollywood independent
laboratory for the handling of local
rush print work. Pathe's production
financing would, of course, involve
the producer's print work, to be
handled either at Pathe's main labora-
tory at Bound Brook, N. J., or at the
proposed new west coast plant.
Negotiations looking to a new Pathe-
financed production deal with E. B.
Derr and Charles Sullivan, to replace
the old contract which was permitted
to lapse, are reported under way.
Report Academy's
Membership Grows
Hollywood, Nov. 25. — Following
closely upon election of Frank Lloyd
to the presidency of the Academy,
many of the old members are rein-
stating themselves and new members
joining up, among them a number of
directors and prominent writers.
Among those added to the active
membership roster are :
Directors: Murray Roth, Tay Garnett,
Monta Bell, Otto Brower, Lloyd Corrigan,
Alan Crosland, George Cukor, Roy Del
Ruth, Alfred E. Green, William Keighley,
Erie Kenton, Leo McCarey, Ralph Murphy
and Sam Taylor.
Actors: Ralph Forbes. Louise Dresser,
Mitchell Lewis, Henry B. Walthall, Ray-
mond Hatton, Henry Armetta.
Writers: J. P. McEvoy, Edith Fitzgerald,
Joseph Moncure March.
Producers: E. W. Butcher, Ed Ebele and
Walter Futter.
Assistant Directors: Bill Cannon, Louis
J. Marlowe and Edward Sowders.
Technicians: Harold Curtis, Simon Gel-
berg, Thomas K. Little, Savko Vorkapitch
and Lincoln Lyons.
Special Member: John E. Gardner.
Reedy a Life Member
Hollywood, Nov. 25. — The Acad-
emy board of governors has conferred
a life membership on J. T. Read,
whose presidency was succeeded by
Frank Lloyd. Others holding life
memberships are Douglas Fairbanks,
William de Mille, Frank Wood, M.
C. Levee, Conrad Nagel and Benjamin
Glazer.
Barry Goldman a Father
Baltimore, Nov. 25. — Mrs. Barry
Goldman, wife of the manager of the
Diane Theatre, presented him a baby
boy recently.
Buffalo
Buffalo, Nov. 25. — Failing to make
plane connections, John H. Harris of
Pittsburgh, National Variety Club
president, took a train but arrived
in Buffalo too late to attend the first
Fall meeting of the Buffalo tent after
the summer hiatus.
Approximately 65 members of the
Buffalo tent attended the luncheon,
served in Pfeiffer's restaurant, under-
neath the club's new quarters. Chief
Barker Dave Miller announced sign-
ing of the lease for the quarters, which
met with enthusiastic response.
Harris inspected the quarters and
conferred with Miller, Sid Samson,
Ted O'Shea and other officers of the
Buffalo tent.
Weekly luncheons will be held on
Mondays, with an occasional guest
speaker, until the quarters are ready
for occupancy late in December.
Once in the new quarters, regularly
organized weekly luncheons will be
held, with entertainment at each
session.
Cincinnati
Cincinnati, Nov. 25. — Some of the
cast of the "Follies" regaled the
members at the last meeting, thanks
to Nelson Trowbridge, skipper of the
Shubert, who was the sole King for
a Day.
A kiddie's party was staged at the
local club from three to six S«"',',-»
in honor of the birthday of Dough
Guy Abe Lipp's little daughter.
Jack Flynn, barker of the Detroit
tent, gave the local quarters the once
over last week. Nat Wolf, one of
the Cleveland brothers, also was
among those present.
Harry Goldstein, past chief
barker of Pittsburgh, and M. R.
Clark, chief barker of Columbus Tent
No. 2, dropped in to say "Hello" at
the last meeting. Clark dispensed
some good advice to the local boys.
Joseph Oulihan, member of the
Washington, D. C, tent, who succeeds
George Smith as Paramount ex-
change manager, is making the local
club his rendezvous. Incidentally, the
farewell party thrown for Barker
Smith was one of the high spots of
the week. A traveling luggage outfit
was presented as a parting token.
Annual election is scheduled for
tomorrow. Chief Barker Allan S.
Moritz is without opposition.
Arrangements are going forward for
the first annual frolic to be held at the
Netherland Plaza early in the new
year.
Ervin Bock, who holds down the
manager's chair at the RKO Grand,
is to appear before the altar Thanks-
giving Day. Eleanor Hebrig, local
girl, is the party of the first part to
the matrimonial contract.
Joe Goetz is showing up around the
club rooms wearing cheaters. Says
he doesn't want to miss seeing every-
thing.
Kansas City
Kansas City, Nov. 25. — All
barkers, from Chief Barker Frank
Hensler down, are pulling for the
success of the Variety Club Annual
M. P. Relief Ball, to be given at the
Pla-Mor ballroom Dec. 10.
Arthur Cole, general impresario,
promises an affair the club will be
proud of. This is the fourth annual
relief ball and the first sponsored by
the tent.
Another big event in the offing is
the New Year's Eve party at the
Muehlebach hotel. Festivities will be-
gin at eight bells with a cocktail hour,
followed by dinner and a floor show,
and winding up with dancing until
time for breakfast. Attendance will
be limited to 100 couples.
"Ladies' Day" was one of those un-
usual get-togethers the barkers talk
about long after it is held. Harry
Tailor, chairman, with Ed Shanberg
and Charles Shafer as kings pre-
sented an enjoyable program. The
turnout numbered about 100.
New members added to the roster:
George W. Fuller, Fox manager ;
Lawrence Lehman, RKO Main-
street manager ; Fred J. Wolfson,
attorney and grievance board member ;
Roscoe Thompson, Universal; E. C.
Leeves, Erpi, and Homer Blackwell,
Independent Poster Exchange.
Institutional nights have caught on
in big fashion and are proving a swell
way to popularize the club rooms. Bill
Warner worked out the schedule for
each company. Office managers are in
charge of individual parties.
Jack Cameron was chairman of the
Erpi kings for a day. Morrill Moore,
manager of the Fox Rockhill, sup-
plied the entertainment.
Horlacher Organ Out
Horlacher, house organ of the Hor-
lacher Delivery Service, Inc., of
Philadelphia, has made its debut under
November date. The publication is a
monthly.
< Purely
Personal ►
LEO MORRISON arrived in New
York from Mexico City on Satur-
day. He will remain a week and on
his way back to the coast will meet
Max Baer in Kansas City.
Don Casanova has been signed by
Angelo De Vito for the leading role
in "The Greatest Love," first of a
series of Italian talkers to be made by
Venetian Prod.
Rudy Vallee, his assignment at the
Warner studio completed, left Holly-
wood yesterday and is due here
Wednesday.
Maxine Doyle, a four weeks' per-
sonal appearance tour and vacation
over, is back at the Warner Burbank
studio.
Tyree Dillard, Jr., John Hicks,
Harry A. Kaufman, Sam Sax,
Miles Gibbons and Sid Hall are up
for M. P. Club membership tomorrow.
Abe Blumstein has an infected
right hand, which is swathed in ban-
dages.
Lee W. Insley of Ortho-Krome
Screen Co., Salisbury, Md., is in
town.
S. R. Kent is expected back from
England the early part of December.
Insiders' Outlook
(Continued from page 2)
them down. One was not big
enough, in his eyes, and the other
is reported to have carried with
it political implications which
Rosenblatt decided he wanted to
avoid. If he hadn't gotten the
job he wanted, he was prepared
to return to private practice with
an office in New York. . . . Joe
Schenck, disciple of Terpsichore,
unearthed a good deal about the
rhumba, Continental style, on his
last European trip. The board of
directors of El Morocco stand
ready to remove his cover charge
if only he'll come back and step
again. . . .
KANN
Kent Holds Foreign Meet
London, Nov. 25.— S. R. Kent
president of Fox, on Friday completed
a two-day sales session with Walter
Hutchinson and J. C. Bavetta in addi-
tion to other company foreign heads
Roberts Gravely III
Cleveland, Nov. 25. — George Rob-
erts, Fox district manager, is dan-
gerously ill with pneumonia at hi'
home in the Westlake Hotel.
Kohn in Hollywood
Hollywood, Nov. 25. — Ralph Kohr
is in from New York and expects tc
remain indefinitely. His health has no1
been good of late.
New House for Toronto
Toronto, Nov. 25. — Further sign;
of the return of better times are seer
in the announcement of plans for i
theatre costing $70,000 in north Tor-
onto by the Parkway Theatre Co.
Hollywood Personals
Hollywood, Nov. 25. — Errol Flynn, Irish actor signed in New
York by Warners, arrived today. Studio has no definite assignment
lined up for him. . . . Mrs. Leslie Carter draws one of the featured
spots in "Becky Sharp" for Pioneer. . . . George Batcheller on
his way to New York. . . . "The Last Days of Pompeii," Merian C.
Cooper's next for Radio, starts Dec. 1. . . . Lee Marcus back from
New York. . . . Rochelle Hudson gets her first big break in pictures
as feminine lead in the next Will Rogers', "Life Begins at
Forty." . . . Sam Cohen abed with severe case of flu. . . . Spencer
Charters, Bradley Page and Florence Roberts additions to Mono-
gram's "The Nut Farm." . . . Mrs. Frank Borzage recovering from
her recent illness. . . . M-G-M considering Aline McMahon for a
role in "Good Earth." . . . Pert Kelton postpones her trip to New
York. . . . Ralph Bellamy goes to Palm Springs to get rid of a
cold. ... Jo Swerling heads for New York on a three months'
leave of absence from Columbia. Gets in Monday. . . .
The Leading
Motio
Picture
Industry
MOTION PICTURE
DAILY
Alert,
Intelligent
the
in All
Branches
VOL. 36. NO. 126
NEW YORK, TUESDAY, NOVEMBER 27, 1934
TEN CENTS
Kansas City's
Clearance Is
Again Delayed
Disturbed Price Scales
Given as Reason
Because of the unsettled price situa-
tion in that city, the Kansas City
clearance and zoning schedule will not
be discussed by Campi today at the
adjourned session from last Thursday.
Instead Campi members will busy
themselves disposing of about 20 ap-
peal decisions which were not brought
up last week.
It is probable that the K. C. plan
will come up Dec. 6. That depends
on the business on the docket for the
day.
A number of code members are not
anxious to hurry on the Kaycee sched-
ule. They figure that pictures are be-
ing sold the way they have been for
the past number of years and no one
is squawking.
K. C. Unit Considering
M-G-M, U.A. Boycott
Kansas City, Nov. 26. —
is seriously considering a
M-G-M and United Artist
Midland, which plays both
product, continues its low
inaugurated Friday with
lions."
The association already
a committee to confer with
(Continued on page
The I.T.O.
boycott of
; if Loew's
companies'
price scale
"Kid Mil-
has named
representa-
9)
Chicago Clearance
Goes Into Eclipse
Chicago, Nov. 26. — The local clear-
ance and zoning board tonight offi-
cially disposed of the Chicago sched-
ule which it had previously approved
and which was subsequently rejected
by Campi. The plan was withdrawn.
A second resolution adopted by the
board declared that the board does not
intend to write any schedule for
(Continued on page 9)
After Robinson
Hollywood, Nov. 26. — Fox is
dickering with Edward G.
Robinson for a two-picture
contract. The actor spent
Friday on the lot making a
series of tests, it was learned
today.
Theatres Hired 63,473,
Paid $85,416,000 in '33
Home Television by Jan. 1
Is Sarnoff 's Prediction
Home television sets will be ready for installation beginning
Jan. 1, according to David Sarnoff, president of RCA, who advised
radio dealers to this effect at a recent meeting at the Pennsyl-
vania.
Sarnoff did not go into detail about price or size of images to
be transmitted through the first sets but, according to dealers,
television equipment cannot be placed into present radio sets, a
complete new set being required for the new see and hear ether
broadcasts.
Columbia Net
On Quarter Is
$235,712.19
Columbia Pictures' net for the quar-
ter ending Sept. 29 was $235,712.19
after deducting Federal income tax
and other charges. This is equivalent
to $1.29 a share on 172,073 shares of
common outstanding after deducting
the preferred dividend.
In addition, the company has de-
clared a semi-annual two and one-half
per cent dividend payable in stock.
This makes five per cent in stock
dividends for the year and $1 in cash
(.Continued on page 9)
Add New Impetus
To Jewish Drive
In an effort to raise $2,000,000 in
the theatrical field, leaders in the Fed-
eration of Jewish Charities yesterday
met with top-line executives and art-
(Continued on page 10)
Phila. Duals
Case Widened
To an Inquiry
Philadelphia, Nov. 26. — At the re-
sumption of the hearing in the Harry
Perelman double feature suit against
major distributors m Federal court
here today, Judge George A. Welsh
declared he would "open the door
wide" for an inquiry into whether the
operations of the defendants, referred
to during the taking of testimony as
a "combine," affected the general pub-
lic.
The suit is for an injunction against
(Continued on page 9)
Para. Plan May Go
To Court Tomorrow
The Kuhn, Loeb & Co. plan of re-
organization for Paramount Publix
has an excellent chance of being com-
pleted today for filing in Federal court
(Continued on page 10)
Agents 9 Rules Proposed
Under Code Are Rejected
National Film Carriers, Inc., guarantee
dependable delivery. — Adv.
Washington, Nov. 26. — Rules and
regulations proposed by the agency
committee in September were rejected
today by NRA as exceeding the au-
thority of the committee.
The rejection, however, was "with-
out prejudice," leaving the way open
for submission by the committee of
recommendations not subject to attack,
as were its original ones, at the hear-
ing before the then Division Adminis-
trator Sol A. Rosenblatt on Nov. 1,
when Harold Bareford charged the
(Continued on page 9)
Talent Is Not Embraced
In Latest Phase of
Gov't Survey
Where the theatre payroll
went in 1933 appears in tabu-
lated form on page 8 today.
By CLARENCE LINZ
Washington, Nov. 26. — Approxi-
mately 63,473 persons last year de-
rived their livelihood from the theatre
industry, it was disclosed today in
figures on employment compiled from
the U. S. Census Bureau's survey of
service industries.
The 10,263 theatres figuring in the
survey, with gross receipts in 1933
of $414,468,000, paid $85,416,000 in
salaries and wages to the 63,473 full-
time and a comparatively small num-
ber of part-time employes needed for
operation of the houses.
The statistics reveal that the the-
atrical industry as a whole is one of
the major industries of the country,
to the more than 63,000 employes of
the theatres being added the 19,037
(Continued on page 8)
Conferences Under
Way on RKO Plans
RKO debenture holders', stockhold-
ers' and creditors' committees are con-
tinuing periodic conferences on the de-
velopment of a plan of reorganization
for the company, it was learned yes-
terday, although a plan has not taken
definite shape as yet.
RCA, with its 84 per cent owner-
ship of RKO debentures and 64 per
(Continued on page 9)
ITOA Affiliation
With Allied Talked
Leon Rosenblatt, head of the na-
tional organization committee of the
ITOA, yesterday conferred with Sid-
ney Samuelson, president of Allied,
on affiliation of the local unit with the
(Continued on page 8)
No Paper Thursday
Motion Picture Daily will
not publish on Thursday,
Nov. 29, which is Thanksgiv-
ing Day and a legal holiday.
MOTION PICTURE
DAILY
Tuesday, November 27, 1934
MOTION PICTURE
DAILY
(Registered U. S. Patent Office)
Vol. 36
November 27, 1934
No. 126
Martin Quigley
Editor-in-Chief and Publisher
MAURICE KANN
Editor
JAMES A. CRON
Advertising Manager
Published daily except Sunday and holi-
days by Motion Picture Daily, Inc., sub-
sidiary of Quigley Publications, Inc.,
Martin Quigley, President; Colvin Brown,
Vice-President and Treasurer.
Publication Office: 1790 Broadway, New
York. Telephone Circle 7-3100. Cable ad-
dress "Quigpubco, New York." All con-
tents copyrighted 1934 by Motion Picture
Daily, Inc. Address all correspondence to
the New York Office. Other Quigley pub-
lications: MOTION PICTURE HERALD,
BETTER THEATRES, THE MOTION
PICTURE ALMANAC and THE CHI-
CAGOAN. , TT .
Hollywood Bureau: Postal Union Lite
Building, Vine and Yucca Streets, Victor
M. Shapiro, Manager; Chicago Bureau: 407
South Dearborn Street, Edwin S. Clif-
ford, Manager; London Bureau: Remo
House, 310 Regent St., London, W. 1,
Bruce Allan, Representative. Cable address:
"Quigpubco, London"; Berlin Bureau:
Berlin - Tempelhof , Kaiserin - Augustastrasse
28, Joachim K. Rutenberg, Representative;
Paris Bureau: 19, Rue de la Cour-des-
Noues, Pierre Autre, Representative; Rome
Bureau: Viale Gorizia, Vittorio Malpassuti,
Representative; Sydney Bureau: 102 Sus-
sex Street, Cliff Holt, Representative; Mex-
ico City Bureau: Apartado 269, James
Lockhart, Representative; Glasgow Bureau:
86 Dundrennan Road, G. Holmes, Repre-
sentative; Budapest Bureau: 3, Kaplar-u,
Budapest, II, Endre Hevesi, Representa-
tive; Moscow Bureau: Civtzev Vrazhek,
N. 25, Apart. 146, Moscow, U. S. S. R.,
Bella Kashin, Representative. Cable ad-
dress: "Samrod, Moscow."
Entered as second class matter, January
4, 1926, at the Post Office at New York
City, N. Y., under Act of March 3, 1879.
Subscription rates per year: $6 in the
Americas, except Canada $15 and foreign
$12. Single copies: 10 cents.
Wood-Reliance Talk Deal
Sam Wood, now working on the
adaptation of "The Melody Lingers
On" in conjunction with Lorraine
Nobel for Reliance, may make one or
two more pictures for Edward Small
in addition to the Lowell Brentano
novel. A deal is on, but will most
likely be completed on the coast.
Wood and Small plan to leave in
about a week or 10 days for Holly-
wood.
Levy Back; Optimistic
Jules Levy, general sales manager
of Radio Pictures, returned to his desk
yesterday following a trip to the stu-
dio. Optimism was his keynote.
"I saw several of our forthcoming
pictures, particularly 'The Little Min-
ister.' It's merely a question of
whether it's a $3,000,000 or a $2,-
500,000 picture," he said without blink-
ing an eyelash.
Laemmle Sailing Dec. 1
Carl Laemmle, Jr., anticipates sail-
ing for Europe on the Rex Dec. 1. He
has recovered from his attack of the
flu and made an appearance at the
Universal office yesterday for the first
time in a week.
Gorilla Film for Acme
Kinematrade, Inc., has booked the
Ben Burbridge adventure film, "Kid-
napping Gorillas," into the Acme for
the week beginning Thursday.
Milwaukee's First
Run Scales Slashed
Milwaukee, Nov. 26. — First run
admission prices have again hit the
skids here. Dropping the stage shows
at both its Wisconsin and Palace and
playing a straight single feature policy
at both houses, Fox has extended its
25-cent admission at the theatres from
1 P.M. to 6 P.M. except Sundays
with the same price policy at its Al-
hambra and Garden, both of which
are playing double features. The
Warner has also adopted the new
policy of 25 cents until 6 P.M.
Present indications are that the poll
now underway to bar premiums in
Milwaukee county will fail to receive
the support of 75 per cent of the
exhibitors. Approximately half a
dozen theatres here are now featuring
gift nights and it is believed the prac-
tice will be extended to other houses.
Shakespeare Picture
Is Cast by Warners
Hollywood, Nov. 26. — All but one
of the principal roles in the screen
version of "A Midsummer Night's
Dream," which Max Reinhardt will
direct for Warners, have been cast.
The players will include James
Cagney, Dick Powell, Joe E. Brown,
Jean Muir, Mickey Rooney, Hugh
Herbert, Ian Hunter, Donald Woods,
Frank McHugh, Otis Harlan, Grant
Mitchell, Anita Louise, Hobart Cava-
naugh, Ross Alexander, Eugene Pal-
lette, Arthur Treacher, Olivia dc
Haviland and Nina Theilade.
Renew with Woods
Hollywood, Nov. 26. — Warners
have renewed their option on Donald
Woods' contract for another year.
Mady Christian's second picture
under her M-G-M contract will be
the starring role in the Edmund
Goulding picture, "The Flame With-
in."
Mary Ellis' first picture for Para-
mount will be the co-starring role
opposite Carl Brisson in "Be Careful,
Young Lady."
Van Dyke, Turf Man
Hollywood, Nov. 26. — W. S. Van
Dyke has been made a member of the
board for the Santa Anita race track,
which has been largely capitalized by
motion picture capital.
Delay on Ohio Sale
Tax Stirs in Senate
Columbus, Nov. 26. — Although im-
mediate legislation by the Senate was
expected following passage last week
by the House of the retail sales, in-
come and public utility excise taxes,
present indications point to consider-
able delay in the upper branch, due
to strenuous legislative and public op-
position to the income tax, which runs
as high as six per cent on earned in-
come in the lower brackets to nine
per cent in the higher, with still higher
assessments on unearned income. Cer-
tain defeat of the income impost in
the Senate is forecast by observers.
This will delay the sales tax since
Governor White has made it plain that
the taxation program must be passed
as a whole.
That the sales tax will be enacted,
and the admission impost repealed, is
a generally accepted fact. The only
question is whether this will be done
now or held over for the new adminis-
tration which comes into power on
Jan. 1.
Oue Dual Theatre
Remains in Lincoln
Lincoln, Nov. 26. — Only one house
in the 11 operating here still hangs
to dual features. This is a drastic
reversal of the situation prevailing two
months ago when seven spots went
for double bills. Price raises in the
second run houses and cuts to one
picture went by without a squawk
from patrons and business is generally
healthier. On the average prices are
15 per cent higher and grosses 25
per cent better.
G. B. Opening 4 in Jan.
Four Gaumont British productions
will have their premieres here the first
month of the new year. "Evergreen"
will open at the Music Hall Jan. 3.
"The Iron Duke," with George Arliss
starred, goes into the same house
later in the month. The Roxy will
get "The Unfinished Symphony" early
in January, with "Jack Ahoy" open-
ing there the latter part of the month.
Hodkinson in G. B. Post
Gaumont British has appointed Ken-
neth Hodkinson sales manager in the
San Francisco branch. He has been
associated with Universal and U. A.
Columbia Off y2 on Big Board
High Low
Columbia Pictures, vtc 39 3&yi
Consolidated Film Industries 3% 354
Consolidated Film Industries, pfd 18 17%
Eastman Kodak 116J^ 116
Fox Film "A" 13% 1354
Loew's, Inc 3554 34%
Paramount Publix 3% 3%
Pathe Exchange Wi l'/s
Pathe Exchange "A" 1454 14
RKO 2 1%
Warner Bros 4% 4%
Technicolor Unchanged on Curb
Net
Close
Change
Sales
3854
— Vz
1.200
3U
500
17%
-%
1,300
11654
+ 54
1,000
1354
- 54
400
35
-%
8.300
354
1,800
v/%
2,900
14
-y>
1,100
2
2,400
4%
-Ys
3,400
Technicolor
Net
High Low Close Change
. 12% 12% 12%
Few Bond Issues Show Gains
High Low Close
General Theatre Equipment 6s '40 10% 1054 1054
General Theatre Equipment 6s '40, ctf 10 10 10
Keith B. F. 6s '46 64 64 64
Loew's 6s '41, ww deb rights 103% 103J4 103%
Paramount Broadway 554s '51 4154 4134 4134
Paramount F. L, 6s '47 5854 5854 5854
Paramount Publix 554s '50 60 59 5954
Pathe 7s '37, ww 100 99 99%
Warner Bros. 6s '39, wd 5954 58% 5%
Net
Change
+ %
- 54
-154
- 54
+ %
+ %
Sales
100
Sales
37
2
1
3
3
2
36
30
14
< Purely
Personal ►
D UDDY MORRIS, son of Sam E.
*-* and general manager and vice-
president of Music Publishers Holding
Co., holding unit for Whitmark, Harms
and Remick, is enroute to Europe for a
six weeks' tour of foreign branches.
He is aboard the He de France with
his father.
Howard Dietz's latest activities in
the field of lyrics go on display at
the New Amsterdam tomorrow night.
The show is "Revenge With Music"
which Harold B. Franklin and
Arch Selwyn are sponsoring.
Sir Cedric Hardwicke, British
stage star, arrives from England to-
day on the Europa on his way to
Hollywood to appear in "Becky
Sharp," Pioneer production for RKO
release.
William E. Harkness, special con-
sultant, and Andre Merle, director of
engineering of the Control Corp. of
America, are back at the home office
after a week at the Chrysler Amplex
factories in Detroit.
Peggy Shannon returns to the
footlights after a long sojourn in
darkest Hollywood with a role in
"Page Miss Glory" which opens at
the Mansfield tonight.
Alexander Kirkland, well known
in Hollywood acting ranks, has one
of the leads in "Gold Eagle Guy.''
It makes its bow at the Morosco Wed-
nesday evening.
Boris Morros goes to the coast as
associate producer for Paramount
after the first of the year.
Harry Edington and Barbara
Kent left Sunday night for Holly-
wood.
Al Santell is due to arrive from
England today on the Olympic.
Walter Eberhardt has made his
decision. It's to be Nassau.
McGann to Columbia
Frank McGann, formerly connected
with Shuberts for eight years, has
joined Columbia as assistant to Ed
Olmstead, exploitation head. McGann
takes over the job originally slated for
Ben Serkowich, who has been forced
by illness to take a vacation in the
South. Serkowich may go to Gau-
mont British on his return from
Miami.
Actors Ask More Relief
Led by Ralph Whitehead, executive
secretary of the American Federation
of Actors, a delegation of unemployed
members of the organization will call
on Mayor LaGuardia tomorrow noon
to ask for more adequate relief for
the city's idle vaudeville, cafe and
outdoor performers.
Sullavan, Wyler Wed
Yuma, Ariz., Nov. 26. — Margaret
Sullavan and William Wyler, direct-
or, flew here from Hollywood over
the week end and were married by
Judge Earl A. Freeman.
Roberts Passes Crisis
Cleveland, Nov. 26. — George Rob-
erts, Fox district manager, today
passed his crisis and is now expected
to recover from his pneumonia siege.
WARNER BROS. BOOK
CHU CHIN CHOW* HELD OVER
4?WEEK BALTIMORE. .MINNEAPOLIS
LOEWS OPEN *POWER" BROOKLYN
NEXT WEEK ... HELD OVER 5™
WEEK ... BOSTON .
JACKAHOY.^IO PREVIEW.. RITZ-
CARLTON DEC. JSP, PRIOR TO
ROXY OPENING.
Mc VICKERS THEATRE GETS FIRST
RUN . . ALL PRODUCT . . CHICAGO
BOOKED EARLY JANUARY - RADIO CITY MUSIC HALL
JESSIE MATTHEWS in "EVERGREEN"
GEORGE ARLISS in "THE IRON DUKE"
MIMONT BRITISH PRODUCTIONS «- PHYSICAL DISTRIBUTION* FOX EXCHANGES • CANADA, REGAL FILMS, LT
■
PB
HURLS THE FIRES OF HER
TEMPESTUOUS SOUL INTO
TRANSCENDENT DRAMA
THAT THUNDERS AT THE
TES OF TIMELESS GLORY!
SIR JAMES M. BARRIE'S
TH€ LIT
MINIST6
WITH
JOHN BEAL * ALAN HALE
DIRECTED BY RICHARD WALLACE
A PANDRO S. BERMAN PRODUCTION
It
KO^ RADIO'S CHRISTMAS
GIFT TO ALL THE WORLD!
*Dec.27 1934
An Eventful Day On
Which Exhibitors Will
Celebrate The National
Release Of Another
Columbia Hit
. . a Frank Capra
CLASSIC . . Probably The
Grandest Romantic and
Most Thrillingly Exciting
Comedy Of All T lme
QYorli T.
revniere
* (PRE-RELEASE) ★ RADIC
THE WORLD'S FINEST THEATRE
GAVE IT THE MOST IMPORTANT
PLAY DATE OF THE YEAR*
VARNE
m
II
FRANK CAPRA'S greatest production
by ^Robert T^Sildn.
^Basei) on the stonj bij jl'lark 3£etlinqer
with Walter Connolly — Helen Vinson
ITY MUSIC HALL * Zkanks^Ln
MOTION PICTURE
DAILY
Tuesday, November 27, 1934
63,473 Hired,
$85,416,000
Paid in 1933
(Continued from page 1)
employed in production and the un-
known numbers of actors and musi-
cians in the vaudeville and legitimate
fields and those engaged in distribu-
tion.
Because of the fact that no separate
figures are available for part-time em-
ployment, it is impossible to average
the compensation paid theatre work-
ers, either for the country as a whole
or in any particular state. With no
allowance for part-time, however, it
is indicated that the average runs
from something under $720 a year in
Mississippi to something less than $1,-
800 in New York.
Fewest Hired in North Dakota
A considerable range in the aver-
age number of those employed per
theatre also is shown. The lowest
average would appear to be in North
Dakota, where 175 employes were re-
ported by 102 theatres ; the highest
would appear to be in the District of
Columbia, where 25 theatres employed
487.
There is, however, no way of de-
termining whether the employment
figures accurately portray the situa-
tion, since in the states with a low
average of full-time workers there
may be a much higher proportion of
part-time employes than in the states
with high full-time averages.
The bureau's figures show, as was
to be expected, that New York led in
employment with 11,463 full time
workers and a total payroll of $20,-
780,000. California was second in num-
ber of employes with 5,220 but the
total payroll of $6,771,000 was ex-
ceeded in Illinois, where 4,303 were
employed and wages totaled $7,123,000.
Other States with heavy theatre
employment were Pennsylvania, 4,889
and a $5,872,000 payroll; Massachu-
setts, 3,678 and $5,363,000; Ohio, 3,822
and $4,440,000; New Jersey, 2,116 and
$3,797,000, and Michigan, 2,324 and
$3,072,000.
Friedlander Goes to
Detroit and Chicago
Al Friedlander, vice-president of
First Division, left last night for De-
troit. He originally intended to leave
Sunday but waited for Harry H.
Thomas, president, to return from a
swing of exchange centers. Thomas
got back Sunday night. After get-
ting set on location and personnel for
the new Detroit exchange, Friedlander
will go to Chicago for a look at
the territory and an office planned
there within the next few weeks.
Charles Rosenzweig, general sales
manager, and Jules K. Chapman are
in Philadelphia and will return in a
few days.
Special Service Quits
Special Service Screen Corp. of 630
Ninth Ave. has gone out of business.
Sid Blumenstock headed the company.
Where the Payroll Went
w ashington, Nov. 26. — The following table, prepared by the Wash-
ington Bureau of Motion Picture Daily, shows the number of persons
employed in the industry full time and total payrolls, including part-time
employment, in the various states for 1933 :
Full Time
Employes
Alabama 398
Arizona 202
Arkansas 272
California 5,220
Colorado 577
Connecticut 1,402
Delaware 135
District of Columbia '487
Florida 350
Georgia 858
Idaho 155
Illinois 4,303
Indiana 1,366
Iowa 928
Kansas 814
Kentucky 751
Louisiana 847
Maine 196
Maryland 1,052
Massachusetts 3.678
Michigan 2,324
Minnesota 1,145
Mississippi 293
Missouri 1,601
Montana 252
Nebraska 483
Nevada 72
New Hampshire 207
New Jersey 2,116
New Mexico 93
New York 11,463
North Carolina 857
North Dakota 175
Ohio 3,822
Oklahoma 928
Oregon 489
Pennsylvania 4,889
Rhode Island 496
South Carolina 382
South Dakota 207
Tennessee 607
Texas 2,548
Utah 218
V ermont 86
Virginia 752
Washington 1,390
West Virginia 450
Wisconsin 1,010
Wyoming 127
Totals 63,473
Total
Total
PaiiYoll*
Theatvea
$347,000
126
197,000
33
236,000
110
6,771,000
629
607,000
123
1 ,447,000
141
175,000
23
861,000
25
362,000
94
790,000
158
151,000
71
7,123,000
551
1,562,000
297
1 ,043,000
318
744,000
260
746,000
156
831,000
152
195,000
75
1,350,000
148
5,363,000
290
3,072,000
406
1 ,607,000
317
•"11 i f\r\f\
211,000
95
2,550,000
321
313,000
84
498,000
241
82,000
19
259,000
47
3,797,000
238
72,000
30
20,780,000
879
702,000
184
174,000
102
A A A f\ i\f\r\
4,440,000
555
843,000
254
538,000
116
5 872 000
/to
735,000
37
300,000
77
225,000
115
613,000
124
2,303,000
515
242,000
74
85,000
32
784,000
159
1,343,000
221
508,000
156
1,404,000
303
163,000
37
$85,416,000
10,263
Roxy Headed
For $45,000
With "Life"
*Includes compensation paid part-time employes.
Roach Visiting Mother
Hollywood, Nov. 26. — Hal Roach
is flying to Culver, Ind., to spend the
holiday with his mother.
Jersey Premium Ban
Before Campi Group
An appeal from the premium ban
recently voted by 75 per cent of the
theatres in southern New Jersey was
heard yesterday by a Campi commit-
tee consisting of Leslie E. Thompson,
Laurence Bolognino and Roy L.
Haines.
Jacob Cohen of the Park, Mer-
chantville, and Harold F. Eldridge
of a premium company of the same
name, appeared yesterday before the
committee as the complainants. Dave
Segal represented Eldridge.
Sam Farber, who operates nine
houses in Camden, Gloucester, Bur-
lington, Salem and Cumberland coun-
ties, conducted the original vote on the
premium issue the latter part of July
and August. He appeared as de-
fendant. About a dozen exhibitors
and premium men from the territory
attended.
Other cases heard were C. A. Ferry,
Granada, Alhambra, Cal., against O.
W. Lewis, Mission, San Gabriel, Cal.,
on bank nights ; C. P. Knudsen, State,
Watertown, S. D., against Colonial
and Lyric, same city, on tying up of
product ; Gonzalo Bensenilla and Ar-
thur Gomez, Palace, Atlanta, against
Juan Carbonell, Monroe, Key West,
Fla., on overbuying.
I EPA to Dine, Dance
Philadelphia, Nov. 26. — The In-
dependent Exhibitors' Protective
Ass'n. will hold its first dine-dance-
show at the Bellevue-Stratford Hotel
Sunday night.
Heading the various arranging com-
mittees are Columbus Stamper, Geo.
Gravenstein, Norman Lewis, Morris
Wax, David Barrist, C G. Hexter,
H. Fried, Charles Stiefel, C. Gold-
fine, J. Becker, D. Wilgram and S.
Schwartz.
With a three-day week-end take of
more than $25,000 already in the till
the Roxy is headed for a $45,000
week on the first seven days of "Imi-
tation of Life." The gross might bt
larger if the running time of 110 min-
utes could be cut. Irving Lesser, man-
aging director, wanted to put on five
show:s a day, but because of the length
of the Universal film was compelled to
let it go at four. On Sunday evening,
the sale of tickets was ordered stopped
by the fire department for 50 minutes.
The house hasn't seen a $45,000 figure
since Roxy Theatres Corp. went into
receivership.
Because of the swell business over
the week-end, Walter Reade has de-
cided to hold "Marie Galante" at the
Mayfair. The $15,000 week forced
"Gambling" to wait until next Mon-
day night for its debut.
At the Rivoli, "Kid Millions" hit
$29,700 which was good for the sec-
ond week. The first stanza tallied
$51,000.
Estimated takings :
Week Ending Nov. 22:
"GAY DIVORCEE" (Radio)
RADIO CITY MUSIC HALL — (5,945).
35c-$1.65, 2nd week, 7 days. Gross: $94,-
000.
"THE FIRST WORLD WAR" (Fox)
RIALTO— (2,300). 25c-65c, 2nd week,
days. Gross: $9,000.
Week Ending Nov. 23:
"EVELYN PRENTICE" (M-G-M)
CAPITOL — (4,700), 35c-$1.65. 2nd week, 7
days. Stage show. Gross: $28,900.
"LADY BY CHOICE" (Col.)
PALACE — (2,500), 25c-75c, 7 days. Vaude-
ville. Gross: $11,000.
"WHITE PARADE" (Para.)
PARAMOUNT— (3,700), 35c-99c, 2nd week
7 days. Gross: $16,000.
"EVENSONG" (Gaumont British)
ROXY— (6,200), 25c-55c, 7 days. Stage
show. Gross: $25,000.
"THE FIREBIRD" (Warners)
STRAND — (3,000), 25c-55c,
Gross $10,150.
Week Ending Nod. 24:
"KID MILLIONS" (U. A.)
RIVOLI, (2,300), 40c-99c, 2nd week, \
days. Gross: $29,700.
Week Ending Nov. 26:
"MARIE GALANTE" (Fox)
MAYFAIR — (2,300), 35c-65c, 7 day?
Gross: $15,000.
M. P. Publications Sold
Hollywood, Nov. 26. — Official sale
of Motion Picture Publications, pub-
lishers of Motion Picture and Classic,
to the Fawcett outfit was consum-
mated todav.
days
ITOA Affiliation
With Allied Talked
(Continued from page 1)
latter organization. Incidentally Ro
senblatt is also a member of Alliet
of New Jersey, which meets today a
the Lincoln.
On Wednesday, he will report bad
to the I.T.O.A. on the results of yes
terdav's session with Samuelson.
Goodwin Fails to Appeal
Scranton, Nov. 26. — Jack Goodwir
Boston, former manager of the Rit:
in this city, failed to put in an ap
pearance when his case against th\
Comerford Publix Theatres was callei
before State Compensation Refere
John C. Lesniak. Goodwin had filei
a claim for hospital and doctor ex
penses incurred during the time he wa
ill with pneumonia.
Installs Sunlite Arcs
Joe Hornstein, Inc., has installe
Sunlite arc lamps in the Oxforc
Brooklyn, operated by Muller I
Schwartz.
fuesday, November 27, 1934
MOTION PICTURE
DAILY
Phila. Duals
Case Widened
To an Inquiry
(Continued from page 1)
lie inclusion in contracts for the new
eason of a clause restricting the show-
ng of duals.
"I am not going to limit this hear-
ng to the technical issues in the
.leadings" Judge Welsh asserted.
The public has most vital interests in
his industry, and if it suffers, or the
alents of artists are suppressed or re-
arded by this particular clause in the
ontract, it might have a most import-
nt bearing on the bona fides of such
lauses.
"Suppression or restriction might
ome within the Sherman or Clay-
dh anti-trust laws. The public
5 the real beneficiary of the provi-
ions of the anti-trust laws, so that
his controversy may be more than a
egal battle between two private par-
ies."
The court's declaration came after
vitnesses" for the plaintiff, including
rolumbus Stamper, Harry Freed and
'erelman himself, all exhibitors, testi-
ied they were late in receiving major
>roduct and that in many cases inde-
>endent product was as good if not
letter than that of the majors.
Ed Boreth, exchange manager for
Masterpiece here, said the independ-
:nts are placing more product this
rear than last, but that the clause
■estrictions were hampering business.
Edward Raftery of the United Art-
ists legal staff today joined counsel
:or the defense.
It now appears that the case may
:ake more than two weeks.
Cleveland Buying
Case Gets 4th Delay
Cleveland, Nov. 26. — The Stein-
berg vs. Shea overbuying case was
today postponed for the fourth time
by the local grievance board. Post-
ponement was requested on the ground
Edward Raftery, attorney for the de-
fendant, was in Philadelphia on the
Harry Perelman double featuring suit
against major distributors. The board
decided to hear the case Friday
definitely.
The complainant claims inability to
buy major product of this year or any
other year for any designated run.
The defendant houses are the Casto
and Palace.
The case, first set for hearing
Oct. 15, was postponed to Nov. 5 by
mutual agreement in an effort to
reach an amicable settlement. It was
postponed again to Nov. 19, and was
to have been heard today.
Agents9 Rules Proposed
Under Code Are Rejected
Chaplin Working
Chicago, Nov. 26. — Charles
Chaplin is shooting his new
comedy, which probably will
be ready for release in Feb-
ruary, declared Hal Home,
director of advertising and
publicity for U. A., as he
stopped over here today en
route from Hollywood to New
York.
The picture will include
some dialogue in the manner
of "City Lights."
Chicago Clearance
Goes Into Eclipse
(Continued from page 1)
the local area this season and is now
ready to hear all individual protests
on existing clearance.
The Chicago schedule was returned
by Campi when it was found that no
provision was made for 10-cent the-
atres. The clearance provisions
stopped at the 15 cent mark. In re-
turning the plan, Code Authority rec-
ommended that despite the fact all
contracts provide for 15 cents mini-
mum admissions, the schedule must
not exclude dime houses.
Flinn Arrives on Coast
Hollywood, Nov. 26. — John Flinn,
Campi secretary, arrived today. He
will spend a week here reviewing ac-
tivities concerning Code Authority. He
is also lining up a new budget, which
he said would not exceed the present
budget for this territory. He ex-
pressed much satisfaction at the way
the extras' standing committee and
studio labor board are functioning.
The former, he revealed, has settled
more than 800 cases out of 905 filed
while the latter body has cleared more
than 200.
K. C. Unit Considering
M-G-M, U. A. Boycott
(Continued from page 1)
tives of both distributors on the possi-
bility of restoring former prices.
While the committee at a meeting
today failed to present a definite boy-
cott plan against M-G-M and United
Artists, many independents were re-
ported already not dating pictures re-
leased by those companies, while others
claim they will not buy.
The boycott idea has been approved
by the I. T. O. members, who feel
the move is justified on the ground
they bought product with the under-
standing the Midland would maintain
prices established early this season.
Alleging the implied promise violated,
the I. T. O. men feel they are not
obligated to play pictures first run
at the Midland 15-cent matinee price,
threatening similar action against
other distributors furnishing product
to first runs cutting too deeply.
Practically everyone here expects
other first runs to slash before long
unless Loew's returns to the former
scale. Campi's delay on the local
clearance schedule is regarded by
board members here as a move to
give New York circuit heads oppor
tunity to straighten out the price sit
uation.
Century Kicks on Ads
Century circuit has brought two
premature advertising cases against
Brooklyn independents. The hearing
will be held today by the New York
grievance board. Defendants in the
cases are the Quentin on the complaint
brought by the Marine and the Glen
wood on the protest filed by the
Farragut.
(Continued from page 1)
committee with having failed to pro-
pose rules to govern the relations be-
tween producers and agents, as re-
quired by the code.
"I find that the said proposed rules
and regulations are beyond the pow-
ers and without the scope of the du-
ties delegated to the agency committee
and, therefore, cannot approve the
same," Rosenblatt declared in his re-
port on which the National Indus-
trial Recovery Board based its rejec-
tion.
"The proposed rules and regulations
are not standards of fair competition
for the industry," the report said.
The proposed rules, he pointed out,
seek principally to govern the rela-
tionship between agents and actors,
and many would not affect members
of the industry at all. Further, he
said, if the proposals were adopted
they might react to the definite dis-
advantage of agents and producers,
the latter being made subject to penal
provisions of the Recovery Act if
found guilty of violation, while an
agent might lose his business, and
while employes found guilty would be
subject to no penalties.
"Some of the proposed rules and
regulations submitted by the agency
committee cover trade practice provi-
sions governing producers already in
the code and result in confusion,"
Rosenblatt found.
Smalley-Glove City
Dispute Before NRA
Washington, Nov. 26. — The dis-
pute between William C. Smalley and
the Glove City Amusement Co. over
the Hamilton Theatre, Hamilton, N
Y., will be heard Dec. 12 by the Com-
pliance Council of the NRA, to which
the matter has been referred after in-
ability of Campi to reach a decision.
The house has been occupied for
some years by Smalley, whose lease
expired last month. Prior to that time
it had been sold by the owner to the
amusement company, and Smalley
brought a claim of interference with
pending negotiations for renewal of
the lease, which was heard by the
Albany grievance board. The board
certified it to Code Authority, which
in turn sent it to Washington.
Smalley also went to court over
the matter and secured a temporary
injunction, which was up for argu-
ment today, and the court was advised
in a wire by Deputy Administrator
William P. Farnsworth that the mat-
ter had been set for hearing. This
action was in response to a request
from the court for information as to
what the industry thought about the
point raised.
O'Reilly in Capital
Washington, Nov. 26. — Charles L.
O'Reilly, member of Campi, is here
on the candy code and conferences
with Compliance Director Sol. A.
Rosenblatt. He returned to New
York tonight for the Code Authority
meeting tomorrow. Deputy Admin-
istrator William P. Farnsworth will
attend the New York session tomor-
row.
Columbia Net
On Quarter Is
$235,712.19
(Continued from page 1)
on a quarterly basis of 25 cents. The
common sold yesterday at $38.50.
For the same quarter last year the
net was $241,778.63, or $1.36 for the
167,885 shares of common outstanding
at that time.
The net shows a slight falling off,
but the company's financial structure
has been strengthened by increasing
the earned surplus to $3,329,852.25 and
working capital to $5,078,753.82. The
consolidated balance sheet shows cur-
rent assets of $6,471,909.03 and cur-
rent liabilities of $1,393,155.21.
The quarterly dividend of 25 cents
a share on the common and voting
trust certifications for common stock
will be payable Jan. 2, 1935. The
semi-annual stock dividend on the
common of two and one-half percent
will be payable in common stock on
Feb. 2, 1935, to common stockholders
and voting trust certificate holders of
record Jan. 14, 1935.
Conferences Under
Way on RKO Plans
(Continued from page 1)
cent stock interest, looms as the most
important figure in any reorganization
plan developed for RKO. Others hav-
ing a voice in the conferences, in ad-
dition to general and merchandise cred-
itors, include Consolidated Film In-
dustries, which holds $1,500,000 of
RKO secured notes ; the stockholders'
protective committee, headed by Mau-
rice Goodman, Paul M. Mazur and
Herbert Bayard Swope, and the deb-
enture holders' committee headed by
George N. Armsby of Blair & Co.,
and Arthur Lehman of Lehman Bros.,
former RKO bankers.
Skouras Unit Here
To Keep Its Name
Skouras Theatres Corp. does not in-
tend to change its name to National
Theatres Corp., it was stated yester-
day by Louis Weber, attorney for the
former of which George Skouras is
president.
National Theatres Corp. with 1,000
shares at $1 was formed in Albany
last week. On Nov. 1, a company of
the same name was incorporated in
Dover. At the time of the New York
incorporation, it was stated that the
corporation will operate in New York.
This is explained by Weber as mean-
ing that, in order to sign valid con-
tracts in New York for a "foreign"
corporation, a local unit must be or-
ganized.
Charles Skouras, vice-president of
National, is in New York on operating
plans under reorganization for Fox
West Coast Theatres Corp.
Rapf, Prize Winner
Hollywood, Nov. 26. — Harry Rapf
today learned his son, Maurice, had
won two prizes for the best plays pro-
duced at Dartmouth. First prize was
awarded the younger Rapf for writ-
ing and producing "Delinquents" and
second prize for the same job on
"Kid Brother."
MOTION PICTURE
DAILY
MOTION PICTURE DAILY*
HOLLYWOOD PREVIEW
"Forsaking All Others"
(M-G-M)
Hollywood, Nov. 26. — In an unusual combination of marquee names
and production values dovetailing personalities and talent with material
and vice versa, this seems ordained for big grosses and satisfied cus-
tomers.
Clark Gable, Joan Crawford and Robert Montgomery add richness and
flavor to the story idea of two boys in love with one girl and with the
girl loving one but marrying the other. New vitality is given this plot
by a bouncy flow of lines merging with the action while the heart-crack-
ing drama unfolds from a casual gesture or a flip remark.
Played in the manner of "The Thin Alan," stinging truth hides behind
comic antics and belly laughs to follow with stabs of poignancy. Much
of the zest and sparkle of the production seems to spring from "Woody"
Van Dyke's superior direction, which deftly extracts the most from the
personalities, situations and dialogue.
Gable, Miss Crawford and Montgomery are an intriguing romantic
trio, having Claude Butterworth, Billie Burke, Rosalind Russell and
Frances Drake for splendid support. Miss Drake again evidences star
potentialities.
Joseph Mankiewicz wrote the screen play from the stage play of the
same name. Gregg Toland and George Folsey photographed well.
The union of star names with sterling entertainment gives Leo an
added right to roar for this one. No production code seal. Running time,
84 minutes. "G."
Looking 'Em Over
"Sing Sing Nights"
(Monogram)
An intriguing murder mystery which holds the interest throughout.
Most of the action takes place via the flashback method, which in this
case, comes in handy.
Three men confess killing a war correspondent. The three are found
guilty, but when the day of execution arrives the governor finds himself
in a tight spot. He cannot send the trio to the chair, for actually one
man only is guilty.
Ferdinand Gottschalk, a scientist with a blood pressure machine he
contends can tell who is the guilty party, interviews the three prisoners
and from their stories singles out the murderer.
Conway Tearle is the newspaper correspondent who could have been
murdered by any of the three prisoners whom he has double-crossed.
Hardie Albright is a competing journalist with a good motive, as are
Jameson Thomas, the coffee bean victim, and Henry Kolker, the real
killer.
Boots Mallory, Mary Doran, Berton Churchill, Richard Tucker,
George Baxter and Lotus Long are other names that add value to the
lineup. All performances are generally good. The photography by
Archie Stout is fair. Taken as a whole, it's a good hour's entertainment.
Production Code Seal No. 422. "G." .
10
Add New Impetus
To Jewish Drive
(Continued from page 1)
ists in the film, theatre and radio
world, familiarizing them with the
work being done by the 91 affiliated
institutions supported by the Federa-
tion and adding to its impetus.
Among the speakers were David
Sarnoff, who pinch hit for Adolph
Zukor; Judge Joseph M. Proskauer,
Eddie Cantor, Ed Wynn, Arthur
Lehman and David Bernstein. Pledged
at the meeting was $21,000.
Judge Proskauer revealed that the
Federation budgets 80 per cent of all
Jewish relief in the city and that the
organization is in the midst of "a
crisis." He added that, although the
need is 40 per cent greater than last
year, the $5,000,000 budget of 1929 has
been cut to $3,600,000 this year.
Cantor, who is vitally interested in
Surprise Lake Camp for boys, one of
the institutions supported by the Fed-
eration, pictured the actors as falling
down on the job last year. He said
he would "personally" see that every
actor and actress is advised of the
work going on. He added: "If you
are not on the receiving end you
should be on the giving end."
Pledges from Al Jolson, Phil Baker,
Jack Benny, Cantor, A.S.C.A.P., and
a few others were made. Among
those gathered at the M. P. Club
were:
Jack Alicoate, David Bernstein, Louis
Bernstein, Jess Block, Jack Bregrnan. Jules
E Brulatour, Burns & Kissen, Irving
Caesar, Eddie Cantor, E. W. Castle. Jack
Cohn. Robert Crawford, Emery Deutsch.
Edward Duchin, Lou Diamond. Anatole
Friedland. Leopold Friedman, Louis Frisch.
Dr. Gilbert, George Givot. Lud Gluskin,
Max Gordon, Harry Green, Johnny Greene.
Arthur Guiterman, Nan Halperin, Jack
Harrower, Ben Hecht, S. Hurok. Roger
Wolfe Kahn, Irwin Kleeblatt, Francine Lar-
rimore, Howard Lanin, Abe Lastfogel. Ar-
thur Lerman, Gary Leon. Leon Leonidoff.
Fred Lightner. Ethel Merman. Edwin
Meyer. Wm. Morris, Jr., Mitchell & Du-
rante. Boris Morros, Joe Moss. Izroy Norr.
Leo Newman, Louis Nizer, William Orn-
stein. Jan Pierce, David Pinski. Jack Pow-
ell, Judge Joseph M. Proskauer. Henry
Randel. M. Ranseller. Walter Reade, David
Ross, Lillian Roth, David Sarnoff. Robert
Schirmer. Ben Salvin. David Schooler, Na-
thaniel Shilkret. Louis K. Sidney. Samuel
Shipman. Lee Shubert, Bernard Sobol. Sig-
mund Spaeth, Harry Von Tilzer, Harry
Warner. A. L. Warner. Rita Weiman. Sam
Winkler. Julia Wintz, Ed. Wynn and Eu-
gene Zukor.
Sam Harris Passes
In Frisco Hospital
San Francisco, Nov. 26. — Sam
Harris, prominent western showman,
died at 8 o'clock this morning at Mt.
Zion Hospital here. He had been in
failing health for months.
The end came on the eve of launch-
ing revised plans for a testimonial
benefit show which was to have been
given for him at the Golden Gate
Theatre on Dec. 8. Nearly 100 thea-
tres in this city were represented in
the benefit plans. A publicity com-
mittee of 25 was set to call on all
newspapers today. Plans for the show
have been temporarily canceled.
Harris had been a senior _ member
of the Ackerman and Harris chain,
which at its height owned and operat-
ed nearly 100 houses, including cir-
cuits extending from Portland to Los
Angeles and from San Francisco to
Chicago. Harris helped Al Jolson,
Paul Ash and others to prominence.
Harris' passing recalled the death
of Ferris Hartman a year ago. Hart-
man died on the eve of a benefit show
planned for him.
Milton Singer Buried
Funeral services were held yester-
day for Milton Singer. 21, assistant
casting director for Warners Vita-
phone studio, Brooklyn, at the Park
Memorial Chapel, Brooklyn. The
services were attended by members
of the studio staff. Interment was
private.
Singer was killed Sunday, along
with his father, Samuel Singer, when
an automobile he was driving crashed
into a traffic stanchion on Ocean
Parkway, Brooklyn. Mrs. Ida Sing-
er, his mother, was also in the car
and was severelv injured.
Singer had been an employe of
the Vitaphone plant for the past six
years.
Roden Services Today
Funeral services will be held at the
Stafford Funeral Parlors today for
Robert F. Roden, scenario writer
variously identified with Universal,
Fox, Reliance and Monogram. He
died at the Metropolitan Hospital
late last week at the age of 62, ac-
cording to the Jay Packard Agency.
Oppenheimer Resigning
Hollywood, Nov. 26. — George Op-
penheimer, associated with Samuel
Goldwyn in an executive position, is
resigning, effective Jan. 1. He plans
to resume his writing career. Oppen-
heimer had a hand in fashioning the
script of Eddie Cantor's "Roman
Scandals."
Tuesday, November 27, 193*
Para. Plan May Go
To Court Tomorrow
(Continued from page 1)
here tomorrow, it was stated in re
liable quarters yesterday.
Final conferences on the selection
of candidates for two remaining post ]
on the initial board of directors ar
expected to result in agreements to- {
day. A new draft of the plan, in-
cluding the initial board which will
submit it to the court and embodying
minor additions to and changes in the
plan as printed Nov. 21, will be readied !
late today. A very slight possibilit;
that this draft might be completed 5n
time for filing today was expressed
together with the less optimistic ad-
mission that unforeseen complication- i
might delay the filing until the weel
end. If the final conferences proceed
as they were confidently expected U
last night, however, the plan shouk
go to the Federal court tomorrow.
The directorate, still incomplete, i
expected to include the following
Adolph Zukor, Frank A. Vanderlip
Dr. Julius Klein, Percy Johnstonj
George W. Davison, Maurice Xewton:
Gerald Brooks and Louis J. Horwitz"
The latter, president of the Thompson
Starrett Co., served as a trustee it
bankruptcy for Paramount for a brie
period and was succeeded, upon hi
resignation, by Charles E. Richardson
Sixteen Directors Maximum
The reorganization plan provide'
for a maximum of 16 directors. It i
believed, however, that only 10, o;
perhaps nine, will be nominated at th 1
outset and that the normal workind
board will be limited to 12 or 15, wits
the vacancies being filled as time an<
requirements dictate.
Indications yesterday were that th
so-called Kuhn, Loeb plan, now sup
ported by virtually all of the importan
creditor groups in addition to th
bondholders' and stockholders' protec
tive committees, will be the only pla I
to be submitted to the court. For
time, Malcolm Sumner, counsel for
small group of bondholders, propose |
submission of an independent plan, bui
stated yesterday that as his principal
contentions were essentially covered i j
the plan about to be filed, he woul j
not submit a plan of his own to th
court. J
Sumner, several months ago, re]
tained an accounting firm to go ove
the books of Paramount and, on ij|
basis of that study, drafted a reoi
ganization plan which he offered t
present to Federal Judge Alfred C
Coxe several weeks ago. No othe
plan, so far as is known, has been i;
preparation.
Tracy Barham to Rw
Para. Ohio Theatre
Hamilton, O., Nov. 26. — Trac
Barham, in charge of the Palace an
Marion, at Marion, O., recently take
over by Midhio Theatres, Inc.,
Paramount subsidiary, will also ha\ !
jurisdiction over the Paramount. Pa
ace and Rialto here, and the Par;
mount and Strand, at Middletown, C
acquired by Southio Theatres, Inc
last week. District headquarters wi
be established here.
Barham, who resigned as Warn*
eastern zone manager to return 1
Paramount-Publix. succeeds Harry 1
Royster, vice-president and gener
manager of the Southio Corp. her 1 1
Royster will return to New York ifl
operate under Frank Freeman.
HELP YOURSELF
to the biggest entertainment treat on Broadway!
HELP OTHERS
to health and happiness!
♦ ♦♦
They're Calling On YOU for a stellar performance in ATTENDANCE at the
SPECIAL BENEFIT PERFORMANCE
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"CALLING ALL STARS"
FOR THE
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FOR NEW YORK TUBERCULAR POOR OF LOS ANGELES SANITORIUM
HOLLYWOOD THEATRE
51st & Broadway
SUNDAY, DEC- 16-8:30 RM-
♦ ♦♦
These stars will give you the show of the century . . . and the thrill of a lifetime in
helping hundreds of New York's unfortunates!
LOU HOLTZ PHIL BAKER
JACK WHITING EVERETT MARSHALL
MITZI MAYFAIR GERTRUDE NIESEN
PATSY FLICK PATRICIA BOWMAN
PEGGY TAYLOR ANNE JUDY ZEKE
MARTHA RAY
A percentage of the proceeds will be donated to the Actors' Fund of America
Make Your Reservations NOW!
TICKETS ON SALE AT STRAND THEATRE— or 'Phone Circle 7-5900
[This space donated by Motion Picture Daily]
WILL PLEASE ALL AUDIENCES 100%
—SHOWMEN'S ROUND TABLE
MONOGRAM'S SUCCESSOR
TO THE "SWEETHEART OF
SIGMA CHI" GIVEN HIGH
PRAISE BY TRADE PRESS
"Chock full of good clean fun ... A swell
show . . . Will please audiences 100% ... A
thorough search of Hollywood couldn't re-
veal players more suited to their roles or
with greater drawing power.
— Showmen's Round Table
"Lively activity of a big track meet entertain-
ing . . . Picture's appeal is to the younger
patrons in particular/'
— Mot/on Picture Herald
"Lively co-ed campus f rolics . . . Made for the
youth of both sexes . . . Lively cheery fare."
— Film Daily
"Clicks as entertainment with plenty of gen-
uine comedy ... A credit to all concerned."
— Motion Picture Daily
Directed by RAYMOND McCAREY
Music by EDWARD WARD
Lyrics, Story and Screen Play by
GEORGE WAGGNER
A W, T. LACKEY PRODUCTION
STERLING HOLLOWAY — EDDIE NUGENT
ARTHUR LAKE — CREIGHTON CHANEY
GIGI PARRISH
IT'S A HIGH CLASS
ENTERTAINMENT
and
IDEALLY SUITED
for
HOLIDAY
AUDIENCES
Motior
Picture
Industry
MOTION PICTURE
DAILY
the I rit
in All
Branches
VOL. 36. NO. 127
NEW YORK, WEDNESDAY, NOVEMBER 28, 1934
TEN CENTS
Para. Board
Quits Today
For New Deal
Preliminary to Putting
New Plan Up to Court
No Wide Code Revision
In Prospect— Farnsworth
Present French Film Quotas
Extended Another Six Months
By PIERRE AUTRE
Paris, Nov. 27. — The present French quota which was to expire
Dec. 31 was extended an additional six months today.
Under the present quota, 94 foreign films may be imported but
all dubbing must be done in France. This does not affect Ameri-
can product, but is aimed at other quota countries.
American films, however, will still be restricted to 15 houses
in the entire country as they have been in the past.
Three Amendments Pend-
ing for Hearing Be-
tween Dec. 15 and 20
The board of directors of Para-
nount Publix will meet today to turn
n its resignation to the board of the
ie\v company in a procedure pre-
iminary to submission of the reor-
ganization plan for the company to
i-ederal court here on Friday.
Members of the old board who
ormally resign today are Jules E.
3rulatour. Emanuel Cohen, John
lecil Graham. Felix E. Kahn, Gilbert
kY. Kahn, Austin Keough. Maurice
\*ewton. Sir William Wiseman,
\dolph Zukor, Eugene Zukor, Walter
B Cokell and George Schaefer.
The initial membership of the new
x>ard is : Frank A. Yanderlip, Dr.
lulius Klein, Percy H. Johnston,
Seorge W. Davison, Gerald Brooks.
Maurice Newton and Adolph Zukor.
Final shaping of the reorganization
(Continued on pane 8)
Tri-Ergon Suit Is
Filed Against Para.
Acting on the authorization granted
by Federal Judge Alfred C. Coxe re-
cently. American Tri-Ergon filed an
action in U. S. District court here
yesterday against the Paramount Pub-
lix trustees, Charles D. Hilles. Eugene
W. Leake and Charles E. Richardson.
The action is based on Tri-Ergon's
double print patent and asks an in-
junction and an accounting. Judge
Coxe had authorized filing of the ac-
tion against the trustees, but stipu-
lated that after their counsel had
made an answer to Tri-Ergon's bill
of complaint, the action should be sus-
pended pending the U. S. Supreme
Court review of the U. S. Circuit
Court of Appeals ruling upholding the
validity of the Tri-Ergon patents.
Philadelphia IEPA
Acts on Clearance
Philadelphia. Nov. 27. — The Inde-
pendent Exhibitors' Protective Ass'n.
today carried forward its plan to draft
a clearance schedule for this territory
(Continued on pane 8)
Levy Gives Family
Type 6 Months More
The current production cycle of the
"Little Women" school, based on the
family-approved novels of several gen-
erations ago. is universally popular
(.Continued on page 8)
Stage Gains;
Hits at 75%,
Survey Shows
That more stage productions are
in sight than at any time in the past
five years and that 75 per cent of
these are classified as hits or poten-
tial hits is stated in a survey of the
legitimate theatre situation in the cur-
rent issue of Motion Picture Herald.
Theatre employment is up by 30
per cent over last year, the article goes
on.
It is also stated that four dramatic
productions from the 1933-34 season
are still running, and that a Gilbert
and Sullivan repertoire has been run-
ning since Sept. 3 — a record for sev-
eral years.
"New York is making a real effort
to capitalize on film players' popu-
larity by engaging them for stage
plays — and the film folk are respond-
ing," the Herald states.
It is also added that 22 plays are
in rehearsal, with at least a dozen
more scheduled to get under way in
a few days.
Among definite hits cited are : '-'The
Distaff . Side," "Merrily We Roll
■ (Continued on page 3)
Coast Production
In Slight Decline
Hollywood, Nov. 27. — Activity at
the studios dropped off slightly for last
week as compared with the preceding
week with the chart "registering 32
features and seven short subjects be-
(Continued on page 3)
Sales Tax for
New York City
Seen as Sure
A two per cent sales tax in New
York City loomed as a certainty last
night as a result of the acceptance by
the Board of Aldermen of Mayor
LaGuardia's suggestions that enact-
ment of a program was necessary
immediately to prevent stoppage of
relief payments next week.
Opposition among merchants' or-
ganizations mounted rapidly during
the day, but the attitude of the alder-
men was that if the Mayor was will-
ing to accept responsibility for the
enactment they would go along.
Passage by the Board of Estimate
is necessary before the measure can
become a law.
Whether the tax will apply to the-
atre admissions or not was not clear
last night. Foods are specifically ex-
empted. The state sales tax in effect
some months ago applied only to sales
of goods and not services. Amuse-
ments were regarded as services, or
intangibles.
Another ■ phase of the tax program
calls for a three per cent tax on
(Continued on page 3)
Allied Says M-G-M
Leads Percentages
M-G-M leads on percentage con-
tracts in the local territory, according
to a survey made yesterday of Allied
of New Jersey members at the regu-
lar meeting at the Lincoln. Fox is
(Continued on page 3)
By BILL ORNSTEIN
Expressing satisfaction with the
code and its operations, Deputy Ad-
ministrator William P. Farnsworth
yesterday told Motion Picture Daily
there will be no general reopening or
revision of the code within the next
few months. Reports current that a
revision was slated for February were
news to him.
The only changes that will take
place will be three amendments on
which a public hearing will be held in
Washington between Dec. 15 to 20.
All three amendments will be made
at the same time. The date will be
set following a report from John C.
Flinn, now on the coast, Farnsworth
stated.
Changes involve the vaudeville sec-
tion of the code, the recommendation
to eliminate the leasing clause and
the petition to permit relatives in one
(Continued on page 8)
Loew's Blames K.C.
Theatres for Cuts
Loew's yesterday attributed the price
war in Kansas City to neighborhood
houses in that city. A Loew executive
stated that Loew's Midland was forced
to cut its prices after neighborhood
theatres adopted dual bills and give-
away policies.
The Loew official declared that the
recently adopted policies in the neigh-
borhood hurt business at the down-
(Continued on page 8)
Fox Met Plan Calls
For Sale May 1, 9 36
One of the provisions of the pro-
posed reorganization plans for Fox
Metropolitan Playhouses being drawn
by the bondholders' protective commit-
tee will provide for sale of the circuit
after May 1, 1936, Motion Picture
Daily learns. The entire revamped
(Continued on page 3)
No Paper Tomorrow
Motion Picture Daily will
not nublish tomorrow, which
is Thanksgiving Day and a
legal holiday.
2
MOTION PICTURE
DAILY
Wednesday, November 28, 1934
Insiders' Outlook
CoLLUSION, friendly p?e-holiday style, lurked among
the typewriters yesterday what with this column going into a
one-time merger, at least, with "Asides and Interludes," weekly
department conducted by James P. Cunningham in the neigh-
borly Motion Picture Herald. The collaborative effort, emerg-
ing as "What They Are Thankful for on Thanksgiving," stacks
up something like this:
MOTION PICTURE
DAILY
(Registered U. S. Patent Office)
Vol. 36
November 28, 1934
No. 127
Martin Quigley
Editor-in-Chief and Publisher
EBj MAURICE KANN mba
12*71 Editor
iSiZM JAMES A. CRON
HImH Advertising Manager — —
Published daily except Sunday and holi-
days by Motion Picture Daily, Inc., sub
sidiary of Quigley Publications, Inc.,
Martin Quigley, President; Colvin Brown,
Vice-President and Treasurer.
Publication Office: 1790 Broadway, New-
York. Telephone Circle 7-3100. Cable ad-
dress "Quigpubco, New York." All con-
tents copyrighted 1934 by Motion Picture
Daily, Inc. Address all correspondence to
the New York Office. Other Quigley pub-
lications: MOTION PICTURE HERALD,
BETTER THEATRES, THE MOTION
PICTURE ALMANAC and THE CHI-
CAGOAN.
Hollywood Bureau: Postal Union Life
Building, Vine and Yucca Streets, Victor
M. Shapiro, Manager; Chicago Bureau: 407
South Dearborn Street, Edwin S. Clif-
ford, Manager; London Bureau: Remo
House, 310 Regent St., London, W. 1,
Bruce Allan, Representative. Cable address:
"Quigpubco, London"; Berlin Bureau:
Berlin - Tempelhof , Kaiserin - Augustastrasse
28, Joachim K. Rutenbery, Representative;
Paris Bureau: 19, Rue de la Cour-des-
Noues, Pierre Autre, Representative; Rome
Bureau: Viale Gorizia, Vittorio Malpassuti,
Representative; Sydney Bureau: 102 Sus-
sex Street, Cliff Holt, Representative; Mex-
ico City Bureau: Apartado 269, James
Lockhart, Representative; Glasgow Bureau:'
86 Dundrennan Road, G. Holmes, Repre-
sentative; Budapest Bureau: 3, Kaplar-u,
Budapest, II, Endre Hevesi, Representa-
tive; Moscow Bureau: Civtzev Vrazhek.
N. 25, Apart. 146, Moscow, U. S. S. R.,
Bella Kashin, Representative. Cable ad-
dress: "Samrod, Moscow."
Entered as second class matter, January
4, 1926, at the Post Office at New York
City, N. Y., under Act of March 3, 1879.
Subscription rates per year: $6 in the
Americas, except Canada $15 and foreign
$12. Single copies: 10 cents.
Hays Office Men to
Attend Crime Talks
Washington, Nov. 27. — With ac-
ceptances of invitations to attend the
Attorney General's conference on
crime coming in in large numbers,
indications are that the largest audi-
torium in Washington will be re-
quired for the sessions to be held
Dec. 10 to 13.
Names of those who have thus far
signified their intention of attending
were made public today by the De-
partment of Justice. The list includes
Carl E. Milliken, Charles C. Petti-
john and Gabriel L. Hess of the Hays
office.
Among the organizations which will
be represented are the three broadcast-
ing chains, the National Congress of
Parents and Teachers, National Edu-
cation Ass'n, a number of religious
groups and newspapers and press as-
sociations.
D. E. Griffith Arrives
D. E. Griffith, managing director of
First National Film Distributors, Ltd.,
Warners British distributing subsid-
iary, arrived yesterday on the Olym-
pic with Mrs. Griffith. While here
he will confer with J. S. Hummel,
general foreign sales manager. He
will be here two or three weeks.
Ampa Meeting for Today
There will be a meeting of the
Ampa today at the M. P. Club at
12:45 o'clock.
Sam Goldwyn — Eddie Cantor.
Rubinofk — Eddie Cantor.
Anna Sten — Sam Goldwyn.
Busby Berkeley — Ditto.
Al Lichtman — Ditto.
Al Kaufman — Mae West.
Mae West — Boris Petroff.
Will Hays — ?
Ed Kuykendall — Dave Palfrey-
man.
Adolph Zukor — End of the Para-
mount bankruptcy.
Leslie Thompson — Nate Blum-
berg.
Nate Blumberg — Vera, Lewis and
Dodo.
Merle Oberon — Joe Schenck.
Joe Schenck — Darryl Zanuck.
Darryl Zanuck — "The House of
Rothschild."
Frank Orsatti — Louis B. Mayer.
Louis B. Mayer — Irving Thalberg.
Sam Marx — Ditto.
Irving Thalberg — "The Barretts."
Tallulah BankheaD' — "Jock"
Whitney.
T
James R. Grainger — Mrs. G.'s re-
covery.
Ed Schiller — Abram F. Myers.
Arch Selwyn — Harold B. Frank-
lin.
Harold B. Franklin — Erpi.
Ben Hecht, Charles MacAr-
thur, Earle W. Hammons —
Erpi.
Bill Fox — Tri-Again.
Joe Breen- — Legion of Decency.
Charles W. Bunn — Service
charges.
Charles L. O'Reilly — Candy ma-
chines.
Joe Penner — Ducks.
Sidney Samuelson — Allied.
George Schaefer — Manny Cohen.
Arthur Ungar — Billy Wilkerson.
Billy Wilkerson — Trocadero and
Vendome.
Lynn Farnol — Donahue and Coe.
Eddie Churchill — The Music
Hall account.
Jack Cohn — Harry.
Harry Cohn — "One Night of
Love."
Jean Harlow — Legion of Decency.
▼
Merian Cooper — Katharine Hep-
burn.
Ray Johnston — Double features.
Eddie Golden — Ditto.
Bob Kane — Sidney Kent.
Sidney Kent — Chase National.
Jeff Bernerd — That 7y2 year con-
tract.
Arthur Lee — The Ostrers.
S. Charles Einfeld — Stanley Shu-
ford.
Ed Hatrick— Edwin C. Hill.
Laurence Stallings — Truman
Talley.
Truman Talley — "The First
World War."
Doctors — Carl Laemmle, Jr.
Carl Laemmle, Jr. — Sr.
Carl Laemmle, Sr. — "Imitation of
Life."
Howard Cullman — The Roxy.
Harry Arthur — Fanchon and
Marco.
Dave Sarnoff — J. R. McDonough.
J. R. McDonough — "The Invisi-
ble Man."
T
Roxy — The Mastbaum, Philadel-
phia.
Upton Sinclair — Charlie Petti-
john.
Charlie Pettijohn — The Demo-
cratic Administration.
John Otterson — The U. S. Su-
preme Court.
H. G. Knox— Ditto.
Herbert Marshall — Gloria Swan-
son.
Gloria Swanson — Herbert Mar-
shall.
Bob Gillham— A. O. Dillenbeck.
Hal Horne— Joe Miller (and his
book).
Johnny Weismuller— Edgar Rice
Burroughs.
Milton C. Weisman— The I T
O. A.
George McL. Baynes — Broadway
plays.
Howard Dietz— Si Seadler.
Si Seadler — His boy's gags.
Hortense Schorr— "The Captain
Hates the Sea."
Martin Starr— Those beauty pag-
eants.
Dave Blum— Arthur M. Loew.
Herb Yates— "Frankie and John-
nie."
Walter READE-^That Sid Kent
tore up the Mayfair contract.
Harry Goetz — "The Count of
Monte Cristo."
Felix Feist — For pictures that
meet release dates.
Y. Frank Freeman— S. A. Lynch.
S. A. Lynch — Southern Enter-
prises.
Harry M. Warner— William Ran-
dolph Hearst.
Albert Warner— Grad Sears and
Andy Smith.
Jack Warner— Marion Davies.
Louella Parsons — Ditto.
Charlie Moskowitz — Gardenias.
David Loew— Marcus Loew.
Leopold Friedman— Bachelorhood.
N. L. Manheim, John Hicks,
Joe Seidelman, Clayt Shee-
han, Arthur Kelly, Mort
Spring, Phil Reisman and Sam
Morris — Foreign exchange.
John D. Clark — Paramount stock.
Tony Muto — Sol Rosenblatt.
Sol Rosenblatt— Nathan Burkan.
Bill Jaffe — Ditto.
▼
J. J. McCarthy — High-necked
gowns.
Carl E. Milliken — Women's clubs.
Ben Schulberg — "Behold Mv
Wife."
Sylvia Sidney — Sidney Kjngsley.
Jimmy Durante — Nosegay.
Billy Ferguson — The King of
Beasts.
Paul Gulick— WOR.
Fred Warren— Walter Chrysler,
Jr.
W. G. Van Schmus — John D.,
Jr.
Skip Weshner — Joe Bernhard.
Joe Bernhard — Higher grosses.
Spyros Skouras — That, impend-
ing 10-year contract.
Charles Skouras — Referee Mc-
Nabb.
George Skouras — Fox Metropoli-
tan.
George Brent — Garbo.
Garbo — "Wtoody" Van Dyke.
T
Milton Diamond — American Tri-
Ergon.
Hirsch, Newman, Reass and
Becker — Ditto.
Charles Neave — Ditto again.
Ward, Crosby and Neal — Ditto
once more.
Kenyon and Kenyon — Still an-
other ditto.
Hughes, Schurman and Dwight
— A.T.-E. ; also Fox West Coast.
Ruth Chatterton — "Lux Pro-
gram of the Air."
Mike Simmons — "The Bowery."
Charles Richardson, Eugene
Leake, Charles D. Hilles —
The Paramount bankruptcy.
(Continued on page 3)
Eastman Shows Loss on Big Board
Net
High Low Close Change Sales
Columbia Pictures, vtc 3S'A 38 38 — 'A 1,300
Consolidated Film Industries i%. 3% 3% 300
Consolidated Film Industries, pfd 17% 17% 17% + Vk 700
Eastman Kodak 116 115 115 —VA 700
Eastman Kodak, pfd 142 142 142 — 'A 2.000
Fox Film "A" 13"4 13 1PA — % 1,800
Loew's. Inc 35 34J4 34% — 'A 6,600
Loew's. Inc.. pfd 1035-4 103 10354 +154 400
Paramount Publix 3% 3 354 — % 17,700
Pathe Exchange VA 1 VA 1,600
Pathe Exchange "A" 1454 1354 1354 — 54 2,100
RKO VA VA VA — 54 1.200
Warner Bros 4% 454 454 — % 2,500
Technicolor Lone Curb Issue
Net
High Low Close Change Sales
Technicolor 12% 12% 12% 100
RKO Bonds Show Point Rise
Net
High Low Close Change Sales
General Theatre Equipment 6s '40 1054 9% 9% — % 13
General Theatre Equipment 6s '40. ctf 8% 8% 8% —154 3
Loew's 6s '41, ww deb rights 104 103% 104 + % 10
Paramount Broadway 554s '51 4154 4154 4154 + % 5
Paramount F. L, 6s '47 S9J4 58 58 —VA 19
Paramount Publix 554s '50 59 58 58 —VA 38
Pathe 7s '37, ww 99% 99% 99% — % 2
RKO 6s '41, pp 33 33 33 +1 2
Warner Bros. 6s '39, wd 5954 59 59% 16
Wednesday, November 28. 1934
MOTION PICTURE
DAILY
3
Insider^ Outlook
(.Continued from paqe 2)
Cecil B. De Mille — Manny Cohen.
Manny Cohen — George Schaefer,
etc., etc.
Sam Katz — Nick Schenck.
Nick Schenck — Only one com-
pany to run.
John Flinn — The code.
Norman Krasna — "Small Mir-
acle."
Walt Disney — Mickey Mouse.
Krazy Kat — Ditto.
▼
Harry Thomas — Nick Ludington.
W illiam Fiske and John Curtis.
John Curtis — Nick Ludington.
Dick Watts — The Soviet.
The Soviet — Dick Watts and An-
dre Sennwald.
Herschel Stuart — Jack Cohn's
trip to Europe.
Abe Waxman — The Gaumont in-
vasion.
Nate Sping.^ld — A chauffeur who
is patient.
Mary Pickford, Douglas Fair-
banks— An attentive press.
Al Wilkie — A sound stomach.
R. E. Anderson — Wide Range.
Vincent Hart— Production in the
East.
Jules Levy — Comfortable Pull-
mans.
Maurice McKenzie — A pipe with
a long life.
Bob Rubin — That Wrarners didn't
buy Fox Met.
Western Electric — Erpi.
▼
S. Barrett McCormick — Bob
Sisk.
John A. Dowd — Ditto.
Bob Sisk — J. R. McDonough.
Root, Clark, Buckner and Bal-
lantine; Saul Rogers and
Samuel Zirn — The Paramount
bankruptcy.
Helen Morgan — Pianos.
Binc Crosby — Rudy Vallee.
Jesse Lasky — "The White Pa-
rade."
Victor McLaglen — Eddie Lowe.
Eddie Lowe — Victor McLaglen.
Walter Wanger — Gullible press.
John Considine — "Sequoia."
Pan Berman — "The Gay Di-
vorcee."
Ben Berinstein — I. T. O. A.
Southern California.
Phil Goldstone — Metro.
Actors' Guild — Equity.
Equity — Actors' Guild.
Sol Wurtzel — Will Rogers.
T
Sol Lesser — Harold Bell Wright.
Jimmy Cagney — Pat O'Brien.
Sid Grauman — Fanchon and
Marco.
Al Jolson — Ruby Keeler.
Maurice Chevalier — Kay Francis.
Barnum — -Bailey.
Potash — Perlmutter.
Selznick — Joyce.
John Zanft — Winnie Sheehan.
Mike Levee — The Warners.
Constance Bennett - — Constance
Bennett.
Joe Stern — Josef Von Sternberg.
Arthur Hornblow — Bundling.
Agents — Other agents' clients.
Fan Magazines — Jack (Hays)
Lewis.
K A N N
Hal Home Returns
Hal Home, advertising and pub-
licity chief for United Artists, re-
turned to New York from Hollywood
yesterday. While there, he laid ex-
ploitation plans for "Mighty Barnum."
Coast Production
In Slight Decline
(Continued from page 1)
fore the cameras. Eighteen features
and 10 shorts will go into work within
two weeks and 29 features and 20
shorts are ensconced in the cutting
room.
Paramount leads on features with
seven shooting, three preparing and
none in the cutting room. Warners
have six, two and six ; Universal five,
zero and three : Columbia four, two
and three ; Fox three, four and five ;
20th Century one, zero and one ;
Radio zero, three and four. The in-
dependent division has six, four and
seven.
Fawcett to Continue
Latest Acquisitions
Colonel Roscoe Fawcett, head of
Fawcett Publications, who recently
purchased Motion Picture and Classic
to add to his list of fan magazines
said yesterday that he had no definite
publication plans other than to carry
on in line with his present policies.
He now controls six fan magazines.
No merger of any of the books
is planned, Fawcett also said.
Fox Met Plan Calls
For Sale May 1, '36
(Continued from page 1)
plan will be submitted to the court on
Dec. 12 for aoproval.
Contracts between the bondholders'
committee and Randforce and Skouras,
which provide for operation until May
1, 1936, are now being drawn and will
be presented to George Skouras and
Louis Frisch and Sam Rinzler within
the next few days for signatures. If
the independent operators agree to the
terms of the one and one-half year
pacts, the court will be asked to ap-
prove them.
Flash Reviews
The Marines Are Coming — . . .
lack of story originality keeps this one
in the average column.
Men of the Night — . . . fast-mov-
ing, suspenseful crook melodrama
. . . which ought to do nicely at
neighborhoods. . . .
These films will be received in full in a
later issue of Motion Picture Daily.
Many Executives on
Road or About to Go
Some of the industry executives
either traveling or expected to hit the
Pullmans and book passage on steam-
ship lines are :
Jack Cohn, vice-president of Colum-
bia, left for the coast yesterday on a
short trip. Last week he returned from
a month's tour of foreign exchanges.
George Weeks, general sales man-
ager of Gaumont British, was in Chi-
cago yesterday and returns to New
York Monday.
Sam Glaser, United Artists branch
manager at Toronto, is in town con-
ferring with home office executives.
He expects to leave for home on Sat-
urday.
A. H. Schwartz returned yesterday
from Lake Placid after a month's
vacation.
E. M. Saunders of M-G-M is in
Kansas City.
Harry Gold, eastern division man-
ager for U. A., was in New Orleans
yesterday and is in Charlotte today.
Joseph Seidelman, Columbia foreign
head, sails for Europe some time in
January.
Joseph M. Schenck left for the coast
Monday afternoon.
Nicholas M. Schenck doesn't intend
to return from his trip to the studios
until after the first of the year.
Arthur W. Kelly, in charge of for-
eign activities, arrives in Los Angeles
from Tokyo on Dec. 7.
Charles L. O'Reilly returned from a
two-day visit to Washington last night.
J. Arthur Hirsch arrived from To-
ronto yesterday. He operates the Con-
solidated theatre chain in Canada.
Stage Gains; Hits at
75%, Survey Reveals
(Continued from page 1)
Along," "Lost Horizons," "Personal
Appearance," "Within the Gates,"
"The Farmer Takes a Wife," "Life
Begins at 8:40," "The Great Waltz,"
"Continental Varieties" and "Con-
versation Piece."
Sales Tax for N. Y.
Is Seen as Certain
(Continued from page 1)
receipts of utilities. There have been
predictions that this would cause rate
rises in gas and electricity, but this
is something for the future to de-
velop.
Allied Says M-G-M
Leads Percentages
(Continued from paqe 1)
second, Warners third and Paramount,
Columbia, RKO, Universal and
United Artists next in the order listed.
Voting on the basis of 24 members
present, 20 declared that they had
bought M-G-M on percentage. None
listed the company on a fiat rental
contract. Exactly 13 companies, major
and independent, were listed.
On flat rental deals, Universal led
With Hollywood and Capital exchange
tied for second.
Irving Dollinger, who acted as
chairman of the meeting, also is chair-
man of the survey committee. Jack
Unger of Hillside also is on the com-
mittee. A report of selling will be
made every week so that the members
can learn of any changes in distrib-
utors' plans. No names or theatres
are attached to the individual reports
at the meetings. Lou Levin will be
chairman next Tuesday.
Louis Gold, chairman of the sub-
stitutions committee; H. Block, sub-
stituting for Jack Keil, chairman of
the release date committee, handed in
reports. The former committee is to
guide exhibitors in bookings and the
latter committee is to give members
an opportunity to cancel within 14
days after release date in conformance
with the code.
Performance of pictures at first runs
was also discussed so that exhibitors
can be guided in future bookings.
ITOA FauVto Act
On Joining Allied
The ITOA will not take any action
today on plans to affiliate with Allied.
At the regular meeting of the New
York independent unit, Leon Rosen-
blatt, chairman of the national organ-
ization committee, will report that he
held preliminary conferences with Sid-
ney E. Samuelson, president of Allied,
yesterday, but the matter was not gone
into in detail. Further meetings be-
tween Rosenblatt and Samuelson will
take place before a definite decision
is reached by the ITOA.
Tarbell Confers Here
Edward Tarbell, executive secretary
of Allied of New York, yesterday
attended a special meeting of several
upstate members with Sidney Sam-
uelson, president of the national or-
ganization. He leaves for Albany
today.
Harris Burial Today
San Francisco, Nov. 27. — Funeral
services for Sam Harris, prominent
western showman who died here yes-
terday, will draw theatre men from
all over California and the west to
this city tomorrow. Hundreds of floral
pieces and messages of sympathy are
being received by the family.
Rites for J. L. Shannon
St. Louis, Nov. 27. — Funeral ser-
vices will be held tomorrow for James
L. Shannon, 66, one of the founders
of the Empress Theatre. He died last
Sunday after having been ill for about
10 years.
Special Retains H. O.
C. J. Hirliman states that Special
Screen Service has given up its branch
at 630 Ninth Ave., but still retains
its home office at 120 W. 41st St.
Looking 'Em Over
''Dealers in Death"
( Topical Films)
Clean-cut propaganda against war with many telling pictures to bear
out remarks made by narrator Basil Ruysdael. Actual pictures of battle-
field killings, production of ammunitions in foreign factories, treaties and
armistices being signed and additional drama that has played a vital part
in past wars are vividly revealed.
The main point this compilation of historic films tends to bring out is
that war is for the benefit of munitions dealers. It is stated that every
death on the battlefield cost $25,000 and there were 20,000,000 such kill-
ings in the last war. There is no mincing of words in trying to bring
out the purpose and effects of war. It is one of the best propaganda films
of its kind.
Produced by Monroe Shaff, Professor Walter B. Pitkin acted as edi-
torial advisor and Burnet Hershey wrote the story. No code seal when
caught last night. Running time, 68 minutes. "A."
ARY MUSICAL1
VRS-AND. STRIPES
EAUTY OF "GOLD
E COMES THE NAVY"
i
ny in thrilling battle maneuvers on land, sea and air — filmed
rial cooperation of the War Department!
I the scenes of cadet life at West Point — shot on the spot
>le Cadet Corps as supporting cast!
and Ruby's 3 new song hits. — Roar at Pat's wisecracks.
t YOUR SENSES to the spell of hundreds of exotic dancing
ic Hawaiian love rites!
t YOUR HEART to the most exciting love story ever told by
Ringing Sweethearts! . . . The Vast Cast Headed by
i WELL* RUBY KEELER * PAT O'BRIEN
tbers staged by the "Ziegfeld Follies" director, BOBBY CONNOLLY
A FRANK BORZAGE PRODUCTION
A First National Picture
JL \ JL
r-V
. (if
i, i t-A $w f m iif i
*» *4 » im * «% •
WHO WILL BE
WHO AT THE
OX OFFICE
IN 1935?
The Ten Biggest
Money-Making Stars
of 1933-34
in
qp;
The independent exhibitors have voted in the
annual poll of the biggest box off ice stars
of the show year of 1 933-34. The returns and
analysis of the poll will be the exhibitors ' best
indication of who will be who at the box office
of 1935.
MOTION PICTURE HERALD
8
MOTION PICTURE
DAILY
Wednesday, November 28, 1934
Para. Board
Quits Today
For New Deal
(Continued from paije 1)
plan will be undertaken following to-
day's board meeting and actual filing
of the plan with the court will be
through the new board on Friday
with that body's recommendation for
its acceptance by the court.
A speedy reorganization of Para-
mount thereafter is indicated, as every
important bondholder, stockholder and
creditor group is now in support of
the plan, thus eliminating all sources
of objection and delay of any moment.
Several of the independent bondholder
groups, notably those represented by
Samuel Zirn and Robert Szold, have
not yet subscribed to the plan but those
who have represent, both in number
and amount of qualified claims, the
great majority of Paramount's obli-
gations and their approval is expected
to carry the deciding weight with the
court.
May Be Approved Before Jan. 1
If the plan lacked the support of
any of the essential creditor groups,
delays in putting it into effect might
run into months. According to the
present creditor lineup, however, a
possibility is given to its final ap-
proval by the court before Jan. 1.
Of the initial members of the new
board, Vanderlip and Klein represent
the bondholders' protective commit-
tee. Vanderlip is a banker and di-
rector of numerous corporations.
Klein, a business consultant, was as-
sistant secretary of commerce in the
Hoover administration and held many
posts with the Department of Com-
merce. Johnston and Davison repre-
sent the Paramount creditor bank
group. Johnston is president of the
Chemical Bank & Trust Co. and Dav-
ison is chairman of the board of the
Central Hanover Bank & Trust Co.
Newton and Brooks represent the
stockholders' protective committee.
Newton is an executive of Hallgarten
& Co. and Brooks is an executive of
E. F. Hutton & Co.
Additions to the board to be made
in the near future may include Charles
A. McCulloch of Chicago, a director
of Balaban & Katz, First National
Bank of Chicago and numerous other
large corporations, McCulloch, a busi-
ness associate of John D. Hertz,
would represent the First National
and the Continental Illinois Bank &
Trust Co., two of the Paramount
creditor banks with an equity of ap-
proximately $2,000,000 in the new
company.
Duncan Harris, realtor, of Brown,
Wheelock, Harris & Co., may be an-
other addition as a representative of
the bondholders' committee. His real
estate experience is regarded in re-
organization circles as of special
value to the new company. William
Greve, vice chairman of Realty As-
sociates, is insisting on representation
on the board for Allied Owners, a
subsidiary of Realty, and indications
are that Louis J. Horowitz, who
served as trustee in bankruptcy for
Paramount for a brief period, may be
approved for this representation.
The Paramount plan authorizes a
full board of 16, but present plans
call for a working membership of
about 12. Deficiency on the board of
men with actual film experience may
be overcome, it is said, by the appoint-
ment of an executive advisory council,
probably headed by Schaefer and
Cohen, which would work in close
harmony with the board.
Levy Gives Family
Type 6 Months More
(Continued from patie 1)
with audiences in the hinterlands, but
of doubtful appeal in the east, accord-
ing to Jules Levy, Radio general sales
manager, just back from a studio visit
and a tour of the company's exchanges.
Radio has two new contributions
to the cycle in "Anne of Green Ga-
bles" and "Little Minister." From ob-
servations of early performances of
the first, and the same type of produc-
tion from other companies. Levy pre-
dicts a minimum of another six
months of box-office popularity for the
cycle. Musicals rank with the new
type of family entertainment in audi-
ence interest today, Levy found.
Philadelphia IEPA
Acts on Clearance
(Continued from pane 1)
by appointing a committee to study
the situation.
An advance story indicating that
the independents would take this ac-
tion was published in Motion Pic-
ture Daily Monday.
Feel Effect of Strike
Los Angeles, Nov. 27. — Loew's
State business suffered last night when
street car strikers staged a riot near
it. Other downtown houses reported
slight losses due to the walkout, with
neighborhoods profiting.
Roach Stops in K. C.
Kansas City, Nov. 27. — Hal Roach
is an overnight visitor here. He is
en route to New York.
Loew's Blames K.C.
Theatres for Cuts
(Continued from par/e 1 )
town house to such an extent that the
reduction in admission at the Mid-
land was virtually forced upon the cir-
cuit.
Advices from Kansas City to the
effect that a boycott was threatened
against United Artists and M-G-M
are news to home offices of the two
companies. Edward M. Saunders,
western division manager for M-G-M,
is in Kansas City and it is believed
he is in constant touch with the situa-
tion. Felix Feist is on the coast.
At United Artists both Al Licht-
man, vice-president and general sales
manager, and Paul Lazarus, western
division manager, denied having re-
ceived any protests from Kansas City
exhibitors. One official of the company
said that Loew's in playing "Kid Mil-
lions" was doing so on an old fran-
chise which did not provide for a stip-
ulated admission and hence there could
be no breach of contract by the Mid-
land when it reduced its price.
Boycott Up to Fox Midwest
Kansas City, Nov. 27. — Launch-
ing of Independent Theatre Owners
Ass'n. boycott against M-G-M and
United Artists hinges largely on sup-
port from Fox Midwest and exhibi-
tors in the territory, said Jay Means,
president, today.
Means revealed that the I.T.O.
committee is seeking acceptance of
the plan by theatres in the territory,
as the local price war affects a 100-
mile radius around Kansas City.
Fox Midwest strenuously protested
Loew's price cuts to M-G-M and
United Artists.
Johnston Takes on
Two Campi Hearings
W. Ray Johnston doubled in brass
at the Code Authority yesterday. As
soon as he completed his task on one
of the Campi boards, he immediately
took up the post as chairman of a
special appeal committee which was
due to hear four Pittsburgh cases.
With Harry Hecht and A. J. Mertz
he heard the appeals. They are:
Harry and Ike Browarsky, Belle-
vue, Bellevue, Pa., against Warners'
Kenyon, Pittsburgh and Garden, Pitts-
burgh, on clearance. Harry Browar-
sky and his attorney, M. Leon Toloch-
ko, acted for the plaintiffs, while I.
Levinson, who hurried in from Phila-
delphia to attend, defended Warners.
Ike, Browarsky, Hippdrome, Pitts-
burgh, against Harry Kalmine, repre-
senting Warners' Kenyon, same city,
on clearance.
E. J. Golden, Golden, Pittsburgh,
against Center Vue Amusement Corp.,
Paramount, Warners. U. A., Colum-
bia, Universal, RKO and Granada,
same city on reduced admissions.
H. B. Seigel, Princess, Erie, Pa.,
against Palace, same city, on pre-
mature advertising.
Band at Strand Opening
A parade followed by a concert of
an American Legion band from Col-
umbus Circle to the Strand, starting
at 7 :30 and continuing to 9 :30 will
be one of the features of the opening
of "Flirtation Walk" tonight.
Kent Sails Today
London, Nov. 27. — Sidney R. Kent,
Fox president, sails for New York
aboard the Berengaria today.
Farnswor th
Sees No Wide
Code Revision
(Continued from pane 1)
studio to work for another company
With the exception of these amend-
ments, no revisions are in sight.
Farnsworth is the only deputy ad-
ministrator working under Compli-
ance Director Sol A. Rosenblatt, who
now has 1,500 people under him in his
new post. Rosenblatt has charge of
field administration and enforcement
of all codes. He also is liaison be-
tween the NRA and the Department
of Justice, Farnsworth said. He left
last night for Washington after at-
tending a Campi meeting.
Meanwhile Code Authority experts
are working on an annual survey of
activities of the 62 code boards
throughout the country.
Campi forces have been working on
the recapitulation for the past three
weeks and plan to have it completed
by Dec. IS. However, before sending
it to Washington, the report will wait
until the entire year is covered.
The survey will show the number
of cases heard by each board and
also individual determinations. Also
included will be the dates when heard
and disposed of.
At a meeting of secretaries of all
code authorities in New York last
week, it was stated that of all thei
codes the film draft was working the
best. . .
Rosenblatt was supposed to take a
plane from Washington to the coast
yesterday, but because of bad weather
was forced to take a train. He may
change to a plane in Chicago or
Kansas City, depending on flying con-
ditions.
With 38 appeals to pass on, Campi
left the Kansas City clearance and
zoning schedule for the next meeting.
Dec. 6. It's not definitely decided
whether the plan will come up then
for disposition. The appeal calendar
is up to date now that the 38 cases
have been chalked off.
Attending yesterday's session were-
Harold S. Bareford, Sidney Justin;
Farnsworth, Willard McKay, Walter
Vincent, Thomas Murray, Tyree Dil-
lard, Jr. and W. Ray Johnston.
Chadwick and Golden
Appear for Perelman
Philadelphia, Nov. 27. — I. E
Chadwick was the chief witness to-
day in the Harry Perelman doubk
featuring suit against major distribu-
tors, being heard in Federal cour
here. The action is for an injunctioi
against dual bans in contracts.
The producer said independent:
make pictures of family calibre, add
ing they helped advance screen arti
He admitted the majority of exhib
itors might not favor doubles bu
said the minority should have the
right to dual. Edward Golden o
Monogram testified sales were beinj
checked here by the ban.
Dismissal of the case was asked b}
Morris Wolf, defense attorney, on th<
ground testimony failed to show con
spiracy to withhold product from the
atres double featuring. He was over
ruled.
NOW IN ITS THIRD BIG WEEK
GAIETY THEATRE, NEW YORK.
MUSSOLINI'S $2,000,000
ROMANTIC SPECTACLE
A ROAD
SHOW
PICTURE
ENGLISH DIALOGUE
(ITALIAN VERSION ALSO
AVAILABLE)
NOW BOOKING
EUREKA PRODUCTIONS, INC
723 Seventh Avenue, Now York City
BRy. 9-0545
Motior
Picture
Industry
MOTION PICTURE
DAILY
Alert,
Intelligent
the ln<
in All
Branches
OL. 36. NO. 128
NEW YORK, FRIDAY, NOVEMBER 30, 1934
TEN CENTS
V
Denies Loew
Started K. C.
Price Slash
foe Vogel Asserts RKO
Launched the Cuts
Charging that RKO walked out on
i price agreement when it cut ad-
nissions at the Mainstreet from 55 and
35 cents to 40 and 25 cents with a
raudeville and picture policy, Joe
Vogel states Loew's is not responsible
Eor the price war for which it is
blamed by Kansas City exhibitors.
Vogel explains that some time ago
Sam Dembow, representing the New-
man; Nate Blumberg, acting for the
Mainstreet ; Spyros Skouras, acting
Eor the Uptown, and himself for the
Midland agreed that prices should be
increased so that straight picture
bouses would charge 40 cents eve-
lings and 25 cents matinees while
(Continued on page 6)
Allied Warned Not
To Get "Panicky"
Washington, Nov. 29. — Allied
members are urged "against getting
panicky" over the Tri-Ergon situation,
to await development of the forthcom-
ing directors' meeting slated for New
Orleans Dec. 11-12 and not to take
:itle to their sound equipment pending
anther developments, in an organiza-
:ion bulletin released here Wednesday.
Included in the program of the di-
(Continued on page 6)
New Buying Combine
Reported in South
New Orleans, Nov. 29. — Reports
Persist that a new buying and booking
■.ombine consisting of independent the-
itres in three southern states will be
ormed shortly in spite of the asser-
ions of theatre executives that they
rave no knowledge of such a move,
-t is understood the combine, should
t materialize, will probably be headed
)y a prominent independent theatre
nan and will go into aggressive com-
petition with existing circuits and co-
operatives.
Report Favors Offer
For Phila. Theatres
Philadelphia, Nov. 29. — A favor-
able report on Warners' offer of
.51,645,000 for the four William Frie-
,aofer and Fred Nixon-Nirdlinger
louses was given by William B. Sloan,
executor of the Friehofer estate and
(Continued on page 6)
Earnings Jump
Predicted for
Big Companies
Intake Up 10%, Savings
Help, Writer States
Larger earnings than at any time in
several years are predicted for major
film companies during 1934 by the
Wall Street Journal. Box-office in-
take, in some instances, is running 10
per cent ahead of last year, the paper
states, and operating economies with
rent reductions add to this increase.
Most of the gains are accounted for
in the 2\£iddle West and South, where
Government expenditures have been
heavy, the paper asserts, New York,
New Jersey and Pennsylvania lagging
behind other sections.
Loew's recent report of a net profit
(Continued on page 11)
"U" Net for Nine
Months Is $77,077
Universal Pictures and subsidiary
companies report a net profit for nine
months ending July 28 of $77,077.61.
This is after providing for a non-re-
curring loss of $158,608.43, settlement
of notes receivable from a theatre
company in receivership, and $10,000
for estimated loss on funds in closed
banks.
The net compares with a loss of
$728,747.66 for the same period last
year.
Suit Filed to Stop
Cleveland Dual Bill
Cleveland, Nov. 29. — An injunction
suit seeking to restrain the Alhambra
from showing duals has been filed in
(Continued on page 14)
Will Rogers was the biggest draw-
ing card in America in the 1933-34
season, according to 9,000 indepen-
dent exhibitors voting in Motion
Picture Herald's "Ten Biggest Money-
Making Stars" feature, an annual poll
conducted by that publication.
Others in the order determined by
percentages follow :
2. — Clark Gable.
3. — Janet Gaynor.
4. — Wallace Beery.
Just Ducky
Louisville, Nov. 29. — Shir-
ley Temple has been named a
Kentucky colonel on the
staff of Gov. Ruby Laffoon.
She's the youngest on record.
Joe Penner has been like-
wise honored.
Options Delay
Skouras Deal
For FWC Pact
"Nigger-in-the-woodpile" holding up
signatures to the 10-year joint oper-
ating contracts offered to Spyros and
Charles Skouras on National Theatres
Corp. is the annual option arrange-
ment provided in the impending agree-
ment.
The Skourases are objecting to the
proposed year-to-year arrangement,
which is slated to start Jan. 1, 1935,
on the ground that they will not know
in advance where they stand in oper-
ating the 400-odd theatres for the
holding company. The 10-year pact is
cancellable every Jan. 1.
Prior to Charles' return to the coast
about a month ago. the deal was prac-
tically set, except for the option clause.
Negotiations between the brothers and
(Continued on page 6)
Schwartz Opposing
RKO-Skouras Setup
Because of an agreement entered in-
to between RKO and Skouras where-
by the former waives protection on all
product for Skouras theatres in Hemp-
stead and Rockville Center, L. I., A.
H. Schwartz has filed a protest with
exchanges asking that the deal be
(Continued on page 6)
5— Mae West.
6. — Joan Crawford.
7. — Bing Crosby.
8. — Shirley Temple.
9. — Marie Dressier.
10. — Norma Shearer.
The basis of the poll, as explained by
the Herald was this :
"It is a story of tickets sold, not
opinions ventured, a story of the
players writing most of the black ink
(Continued on page 6)
Para. Changes
Put Plan Over
To Next Week
Old Directors Quit and
New Board Starts
New revisions in the Paramount
Publix reorganization plan undertaken
following Wednesday's directors' meet-
ing at which members of the old board
turned in their resignations to the
board of the new company, will again
set back formal presentation of the
plan to the Federal court until early
next week.
Estimates made in reorganization
quarters late Wednesday held that the
necessary changes in and additions to
the plan would, largely because of the
Thanksgiving holiday, delay its sub-
mission to the court until Monday
or Tuesday.
As exclusively stated in Motion
Picture Daily of Wednesday, mem-
bers of the old board of directors
(Continued on page 14)
Vincent for Fewer
And Better Films
Philadelphia, Nov. 29. — That the
industry would be better off if double
featuring were eliminated and fewer
but better pictures made was asserted
by Walter Vincent of the Wilmer
& Vincent circuit at the first hearing
yesterday of defense witnesses in the
Harry Perelman action for a Federal
court injunction against dual bans in
contracts.
"Double features and the 10-cent
theatre are a menace to the industry,"
(Continued on page 14)
Estimate Roxy Net
Will Top $100,000
Net operating profit for the Roxy
for the six months from July 1, 1934,
to Jan. 1, 1935, will be between $100,-
000 to $110,000, according to theatre
executives. This is after interest on
receiver's certificates, taxes, lobby
rent and physical improvements, but
before fixed charges on outstanding
(Continued on page 11)
Jersey to Plan New
Fight on Dog Races
Another meeting of Allied and cir-
cuit heads in New Jersey will be held
shortly to discuss the move to end dog
races in the state. Necessary funds
for retaining an attorney have been
(Continued on page 6)
Vote Rogers Heaviest Draw
In Herald's "Ten Biggest"
MOTION PICTURE
DAILY
Friday. November 30. 1934
MOTION PICTURE
DAILY
(Registered U. S. Patent Office)
Vol. 36 November 30, 1934 No. 128
Martin Quigley
Editor-in-Chief and Publisher
MAURICE KANN
Editor
JAMES A. CRON
Advertising Manager
Published daily except Sunday and holi
days by Motion Picture Daily, Inc., sub-
sidiary of Quigley Publications, Inc..
Martin Quigley, President; Colvin Brown,
Vice-President and Treasurer.
Publication Office: 1790 Broadway, New
York. Telephone Circle 7-3100. Cable ad-
dress "Quigpubco, New York." All con-
tents copyrighted 1934 by Motion Picture
Daily, Inc. Address all correspondence to
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PICTURE ALMANAC and THE CHI-
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"Quigpubco, London"; Berlin Bureau:
Berlin - Tempelhof , Kaiserin - Augustastrasse
28, Joachim K. Rutenberg, Representative;
Paris Bureau: 19, Rue de la Cour-des-
Noues, Pierre Autre, Representative; Rome
Bureau: Viale Gorizia, Vittorio Malpassuti,
Representative; Sydney Bureau: 102 Sus-
sex Street, Cliff Holt, Representative; Mex-
ico City Bureau: Apartado 269, James
Lockhart, Representative; Glasgow Bureau:
86 Dundrennan Road, G. Holmes, Repre-
sentative; Budapest Bureau: 3, Kaplar-u,
Budapest, II, Endrc Hevesi, Representa-
tive; Moscow Bureau: Civtzev Vrazhek.
N. 25, Apart. 146, Moscow, U. S. S. R.,
Bella Kashin, Representative. Cable ad-
dress: "Samrod, Moscow."
Entered as second class matter, January
4, 1926, at the Post Office at New York
City, N. Y., under Act of March 3, 1879.
Subscription rates per year: $6 in the
Americas, except Canada $15 and foreign
$12. Single copies: 10 cents.
Long to Edit Magazines
Ray Long on Wednesday was made
editor of Photoplay and Shadow/flay,
recently acquired by the Macfadden
Publications. He will divide his time
between this city and the coast. Long,
who left the magazine field three years
ago, was until recently with Fox in
a writing and editorial capacity.
Kathryn Dougherty, publisher of the
magazines, made the appointment.
/. T. G. A. Meets Sunday
The first meeting of the season of
the Jewish Theatrical Guild of Amer-
ica will be held Sunday at the Ritz
Theatre. George Jessel, first vice-
president, will preside in the absence
of Eddie Cantor, president.
Film Chest Fund Mounts
Hollywood, Nov. 29.— Film workers
have contributed $77,940 in the current
Community Chest drive. This is more
than one-third the $225,000 quota set
for the industry. Many are doubling
their last year's contribution.
Cantor Luncheon Guest
Eddie Cantor will be guest of
honor at a luncheon to be tendered by
the Ass'n of Foreign Press Corres-
pondents today at the Gotham. He
sails tomorrow on the Rex.
"Bovary" Held at Acme
_ "Madame Bovary," French produc-
tion, is in a second week at the Acme.
Insiders' Outlook
EXACTLY what do the names
you read about every day
mean at the nation's box-offices ?
A horde of exhibitors, independ-
ent of producer ownership or
affiliation, furnish a telling
answer in the current issue of
Motion Picture Herald with
results surprising and deflating
to many Hollywood egos, the
basis of the competition being
the names of the ten performers
whose pictures drew the greatest
number of patrons from Septem-
ber 1, 1933, to September 1, 1934,
and the number of times a specific
player was mentioned. It's well
worth consideration for the
flurry which "The Ten Biggest
Money-Makers of 1933-34" in-
evitably will let loose and for the
wonderment its conclusions will
create. . . .
T
What price beauty now sounds
like a pretty good and unanswer-
able question where the winner —
Will Rogers — is concerned. He
came out as head man, topping
the sweet, the curvacious and
the sexy as represented by Janet
Gaynor, Mae West and Joan
Crawford, as well as the decora-
tive and competent Norma
Shearer and the late, lamented
Marie Dressier. He ran ahead
of the manly, as symbolized by
Clark Gable and Wally Beery
and sent the national crooning
menace, typified by Bing Crosby,
down to defeat along with the
others. That leaves Shirley Tem-
ple, the remaining member of the
victorious ten, the only one from
whom Will probably will escape
professional darts of envy. . . .
T
Interesting as all of this is and
complimentary as it is to the pub-
lishing ingenuity of Big Brother
Herald, this outpost finds itself
particularly intrigued by what
happened to all the others from
the eleventh rating down the line
to the 192nd which marked finis
to the poll. For instance, to pick
out some highlights only with
this roving spotlight, Jimmy
Cagney, Lionel Barrymore,
Marion Davies, Buck Jones,
Freddie March, Kay Francis,
Bob Montgomery, Bill Powell
and Lee Tracy are the eight
names immediately ahead of
Garbo, who ended at seventy-
three per cent. Immediately
ahead of them, in turn, are
Katharine Hepburn, Joe E.
Brown, Claudette Colbert, Jean
Harlow, Eddie Cantor, Dick
Powell, George Arliss, Warner
Baxter and Wheeler and Wool-
sey. . . .
▼
Ken Maynard is two per cent
up on Eddie Robinson, who
necks and necks it with Myrna
Loy at fifty-one per cent, while,
in the grouping from forty-nine
per cent — nobody earned fifty —
to ten appeared fifty players, in-
cluding eight co-starring com-
binations and these names :
Spencer Tracy, Ruby Keeler, Four
Marx Brothers, Laurel and Hardy,
James Dunn, Al Jolson, Richard Dix,
Dick Powell-Ruby Keeler, George Raft,
Irene Dunne, Zasu Pitts, Gary Cooper,
Randolph Scott, Johnny YVeismuller,
John Boles, Jackie Cooper, Sylvia Sid-
ney, Jack Holt, Dolores Del Rio, Mar-
lene Dietrich, Charles Ruggles, John
Barrymore, Charles Farrell, John
Wayne, Jack Oakie, Claudette Colbert-
Clark Gable, Constance Bennett (nine-
teen per cent), Slim Summerville, Clara
Bow, Richard Barthelmess, Janet Gay-
nor-Charles Farrell, Paul Muni, Lilian
Harvey, Barbara Stanwyck, Leslie
Howard (surprising), Tim McCoy,
Marie Dressier- Wallace Beery, Warren
William, Tom Keene, Sally Eilers,
Ronald Colman, May Robson, Charles
Laughton, Lew Ayres, Helen Hayes
(hold on!), Zasu Pitts-Slim Summer-
ville, Burns and Allen, Dick Powell-
Ginger Rogers, Alice Faye, William
Powell-Myrna Loy.
T
From ten per cent sliding to
three, but princely in salary
bulk regardless, are thirty-one
Universal Gains 2 on Big Board
High Low
Columbia Pictures, vtc 3854 38
Consolidated Film Industries 35i 35i
Consolidated Film Industries, pfd 1754 17}4
Eastman Kodak 114^6 114
Fox Film "A" 1354 1356
Loew's, Inc 35lA 34J4
Loew's Inc., pfd 104 104
Paramount Publix, cts 33i 356
Pathe Exchange V/g 1
Pathe Exchange "A" 14 135^
RKO 134 1*6
Universal Pictures, pfd 35 35
Warner Bros 4fg 454
Net
Close Change Sales
3m
3%
vVi
114
1354
35
104
3%
VA
13Vs
35
454
+
'A
>A
54
+2
700
100
900
1,000
600
7,900
500
4,900
600
600
4,700
1.000
2,900
Technicolor Up 1% on Curb as Sales Soar
Technicolor
Net
High Low Close Change Sales
. 1454 13 1454 +1VS 6,000
Most Bonds Drop or Stay Unchanged
High Low Close
General Theatre Equipment 6s '40 954 &7A &7A
General Theatre Equipment 6s '40, ctf 854 854 &SA
Keith B. F. 6s '46 6454 64 64
Loew's 6s '41, ww deb rights 1045-6 104 104
Paramount Broadway 554s '51 4254 42 42
Paramount F. L. 6s '47 59 5854 5854
Paramount Publix 554s '50 59 58 58
Pathe 7s '37, ww 9956 9956 9956
Warner Bros. 6s '39, wd 5954 5854 5854
Net
Change
- 54
+ 54
- 54
- 54
- 54
Sales
9
10
9
3
16
20
10
1
30
men and women, many of them
starred and featured regularly
by producing judgment which
now may find it wise to readjust
values. Note, but also get, some
of these :
Boris Karloff, Guy Kibbee, Miriam
Hopkins, Anna Sten, Tom Mix, Richard
Arlen, Harold Lloyd, Franchot Tone,
Maurice Chevalier, Lanny Ross, Pat
O'Brien, Bette Davis, Hoot Gibson,
Fay Wray, Carole Lombard, Jan
Kiepura, Cary Grant, Edmund Lowe,
Claire Trevor, Buster Crabbe, Mary
Pickford, Jimmy Durante, Rudy Vallee,
Ralph Bellamy, Frances Dee, Doug
Fairbanks, Jr., Jean Parker, Max Baer,
Edna May Oliver, Gene Raymond and
Gloria Stuart.
The story goes further. Orbs
may distend and no wonder over
the monickers — alphabetic, this
time — which make up the three
per centers :
Bruce Cabot, Walter Connolly, Frankie
Darro, Madge Evans, Glenda Farrell,
Walter Huston, Hal LeRoy, Paul
Lukas, Chester Morris, Marion Nixon
Warner Oland, Claude Rains, Bob
Steele, Diana Wynyard and Loretta
Young.
And the two per centers, tell-
ing a story all their own :
Robert Armstrong, Fred Astaire,
Ruth Chatterton, Stuart Erwin, Victor
Jory, Otto Kruger, Elissa Landi. Baby
Leroy, Victor McLaglen, Joel McCrea,
Adolphe Menjou, Jack Pearl, Luis
Trenker, Evelyn Venable, H. B. War-
ner and Robert Young.
Carrying the unmasking to
finality and complete debunking,
forty-three others earned the
dubious honor of one per cent,
no more, no less. Here goes
on them :
Judith Allen, Roscoe Ates, Rex Bell,
Joan Bennett, Alice Brady, El Brendel,
George Brent, Mary Brian, Clice Brook,
Kitty Carlisle, Mary Carlisle, Leo Car-
rillo, Nancy Carroll, Henrietta Cros-
man, Andy Devine, Cliff Edwards,
Douglas Fairbanks, Sidney Fox, William
Gargan, Wynne Gibson, James Gleason,
Neil Hamilton, Phil Harris, Charlotte
Henry, Hugh Herbert, Edw. Everett
Horton, Jack Hoxie, Pert Kelton,
Francis Lederer, Jeanette MacDonald,
Herbert Marshall, Frank McHugh,
Jean Muir, Herbert Mundin, Ramon
Novarro, "Pat" Paterson, Roger Pryor,
Chic Sale, Ann Sothern, Ned Sparks,
Lewis Stone, Kent Taylor and Dorothea
Wieck.
That's all there is, except to
point out that Hollywood and its
employers might do worse than
forgetting each other and each
other's empires sufficiently long
to heed what the theatre industry
now tells them. The social impli-
cations herein and their bearing
on the coast's elite are something
else again. You can't tell where
all this might go. If right, sup-
ported by the might of these per-
centages, holds forth it would
mean Constance Bennett at nine-
teen per cent giving up her
sceptre to the Four Marx Men at
forty-three. Hollywood has been
cannonaded on flimsier ex-
cuse. . . .
KANN
Korda Signs Directors
London, Nov. 29. — Alexander
Korda, production head of London
Films, has just signed two more direc-
tors— Rene Clair to direct "Sir Tris-
tram Goes West" and Anthony As-
quith to do "The Reign of King
George V."
JAMES DUNN
Produced by Sol M. Wurtzel
Directed by David Butler. Screen play by William
Conselman. Story by David Butler and Edwin Burke
f0
RELEASED DECEMBER 28th-YOUR YEAR'
0 By far Shirley Temple's most appealing picture . . . brimming
with happiness, excitement, romance, tenderness.
0 Showing America's darling as the tiny mascot of a big airport
. . . the pal of every flier . . . and the particular buddy of one pilot
who becomes her Daddy when her parents go to Heaven.
£ An exploitation title with an exploitation star . . . and perfect
entertainment for every family in the land!
BIGGEST
MOTION PICTURE
DAILY
Friday, November 30. 1934
i Purely
Personal ►
DAVID LOEW will see to it that
when he plays golf in Hollywood
the ball doesn't go near the M-G-M
studios. Loew never visits the studios
when he goes to the coast, he says,
and intends to keep the rule on his
next trip late in January.
Arthur Mayer, Herb Cruik-
shank, John Clark, Charlie Mc-
Carthy, Jack Ellis, Bernie Sobol,
Irving Hoffman, Harold B. Frank-
lin and Martin Beck among those
lunching, pre-Thanksgiving Day style,
at Sardi's Wednesday.
Katharine Hepburn, "The Little
Minister" finished at Radio, arrived
yesterday from the coast. She will re-
main east two weeks. The star spent
Thanksgiving with her family in
Hartford, Conn.
Helen Schorr, secretary to Burns
and Allen, leaves with them on the
Century today for California, where
they will remain for about five months.
Burns and Allen are scheduled to
make several pictures for Paramount.
Rosita Moreno has been engaged
by Paramount to play opposite
Carlos Gardel in "Undying Love,"
a Spanish-language production to be
made at the Eastern Service Studios
in Astoria.
Bert Sanford, Erpi eastern division
sales manager ; Robert Horne, his as-
sistant, and Bill Murphy, N. Y.
salesman, have become members of
the Erpi five-year club.
Herbie Holmes, winner of a "Kid
Millions" audition contest over sta-
tion WMC, Memphis, was in town
Wednesday as a guest of United
Artists.
Harry Browarsky, operating the
Bellevue, Bellevue, and Hippodrome,
Pittsburgh, left yesterday on the
Verago for a southern cruise. He'll
be away a couple of weeks.
Phil Stong has sold his new
novel, "The Village," to Radio. John
Robertson has been assigned to the
direction of the picture.
Fred Kohlmar, production assistant
to Samuel Goldwyn, has returned to
the home office following conferences
with the producer.
Arthur C. Bromberg, who distrib-
utes Monogram pictures in the south,
is in town with Senator Arthur Go-
mez of Florida.
Rubinoff will conduct the Cincin-
nati Symphony Orchestra there at a
benefit performance on Dec. 8.
Frank B. Elser and Marc Con-
nelly's stage hit, "The Farmer Takes
a Wife," has been bought by Fox.
Leo Justin has gone to Philadel-
phia for the week-end. He'll be back
Monday.
Al Santell, back from London and
the battle of Toeplitz, has checked in-
to the Lombardy.
Vote Rogers Heaviest Draw
In Herald's "Ten Biggest
99
(Continued from page 1)
into the theatre owner's books, not of
the screen personalities appealing to
the exhibitor personallly, though the
results doubtless bespeak that majority
preference also."
The vote is essentially an indepen-
dent exhibitor verdict of player draw-
ing power among audiences at indepen-
dent theatres. The Herald explains
the ballots were limited to showmen
without producer or distributor affilia-
tions, direct or indirect.
Rogers, now No. 1 man, stood sixth
in the final vote for the 1931-32 season
and second among the men for that
year. In 1932-33, he ranked second
to the winner and first among the
men. This time, he leads all in both
sexes.
Final standings were determined by
the total number of times a player was
mentioned, regardless of that player's
relative specific position among the 10
nominations. The determining ques-
tion included in each ballot was :
"Please list me 10 players whose pic-
tures drew the greatest number of
patrons to your theatre from Sept. 1,
1933, to Sept. 1, 1934."
More Receive Mention
A wider divertissement of player
representation in the current poll also
made itself apparent in that 208 rated
mention as against 163 in 1932-33.
In point of company alignment,
M-G-M emerged first with five : Joan
Crawford, Norma Shearer, Clark Ga-
ble and Wallace Beery and the late
Marie Dressier. Paramount had two.
Mae West and Bing Crosby ; Fox,
two, Will Rogers and Janet Gaynor.
Shirley Temple, criss-crossing be-
tween Paramount and Fox, properly
may be claimed by both.
In the classification immediately be-
low "The Ten Biggest," Katharine
Hepburn came first with a rating of
278 per cent, or 12 per cent below
Miss Shearer. Indicative of the dif-
ference in the percentages is the fact
that Rogers, the winner, ended at 726
per cent. Ninety-seven players ranged
from the Hepburn rating to 11 players
in the four per cent brackets. Fifteen
rate three per cent each ; 16, two per
cent each and 43, one per cent each.
Options Delay
Skouras Deal
For FWC Pact
(Continued from page 1)
Herman G. Place, vice-president of
Chase National Bank, have been go-
ing on for some time. It now appears
that S. R. Kent, president of Fox and
National, will have to straighten out
the disputed point upon his return
from England next week.
Charles Skouras expects to return
to the coast in two weeks, and when
he leaves he will most likely have af-
fixed his signature to the agreement
now in dispute.
Denies Loew
Started K. C.
Price Slash
Fred Quimby Is Due
Fred Quimby, short subject sales
manager for M-G-M, arrives from
Hollywood tomorrow after conferring
with studio executives on production.
Felix F. Feist, general sales mana-
ger, returns the latter part of next
week. Arthur Loew, foreign head,
arrives Dec. 24 from Paris on the He
de France.
Jersey to Plan New
Fight on Dog Races
(Continued from page 1)
pledged and counsel will be engaged
within the next week or so.
Pari-mutuel betting in New Jersey
has been declared unconstitutional and
now exhibitors are going to the Su
preme Court for affirmation of the
lower court's decision.
Journal Adds Previews
Hollywood, Nov. 29.— The Wall
Street Journal has established a pic
ture preview section and has appointed
Harold Barham, son of Dr. Frank
Barham, part owner of the Herald
Express, to the reviewing post.
Mike Marco on Coast
Hollywood, Nov. 29. — Mike Marco
arrived by plane from New York and
Chicago today. He was in New York
for a few days conferring with Harry
Arthur and Jack Partington.
Schwartz Opposing
RKO-Skouras Setup
(Continued from page 1)
ignored and that the original protec-
tion RKO bought be upheld.
Exchanges, however, can do noth-
ing. Managers claim that the pro-
tection argument has to be settled be-
tween the exhibitors themselves. Dis-
tributors do not want to become in-
volved in the matter and are keeping
hands off. Schwartz wanted RKO to
waive protection in the same manner
as Skouras, but RKO refuses, it is
stated.
Product involved is all of Radio and
Universal and 50 per cent of Para-
mount and Warners.
(Continued from page 1)
vaudeville-film theatres would charge
55 cents evenings and 35 cents mati-
nees.
Last week, Vogel says, Blumberg
called him up and asked that the
agreement be called off because the
Mainstreet was losing money and
could not operate under the conditions
agreed upon. The house, with the
same vaudeville-picture policy, dropped
its admission to those scheduled for
straight film theatres.
Loew's then found that the Main-
street's new scale was hurting the
Midland and as a result reduced the
matinee admission from 25 to 15
cents, leaving the 40 cents admission
stand. The Midland is an all-picture
house.
"That Kansas City exhibitors
should charge us with price cutting
is unfair. We didn't start it. RKO
did, and you can quote me to that
effect," Vogel said.
When asked about the Kansas City
situation, Blumberg said he knew
nothing about it.
99
RKO-Skouras About
Set on Two Houses
Negotiations between RKO and
Skouras for the latter to take over the
Embassy, Port Chester, and the
Strand, Rockville Center, are in the
final stages with signatures expected
in a week or so.
Management of the two RKO
houses will change on Jan. 1, provided
the deal goes through without any
hitches.
FitzPatrick Sails Soon
James FitzPatrick leaves for the
coast about Dec. 15 via the Panama
Canal route. When he arrives in
Hollywood he wall assemble his crew
which will accompany him to Africa
to make "Black Ivory," first of two
independent features he will produce.
Allied Warned Not
To Get "Panicky
(Continued from page 1)
rectors, as outlined by Abram F
Myers, are these points :
1. Report on steps taken in fur-
therance of the legislative cam-
paign and formulation of plans
for intensifying the campaign.
2. Formulation of demands in
behalf of independent exhibitors
in case a new code is proposed
to succeed the present one which
expires next June.
3. Consideration of proposed new
constitution to modernize Allied's
basic law.
4. Report on status of Tri-
Ergon, Ascap and Erpi matters
and consideration of plan of future
action.
5. Consideration of plans for
expanding and strengthening the
national association.
6. Plans for the annual meeting
in January-
Wilby Under Knife
Atlanta, Nov. 29. — Robert Wilby
is at the St. Joseph Hospital recov-
ering from an operation performed
Monday.
Oscar A. Morgan, Paramount dis-
trict manager, enters the Emory Hos-
pital next week. He is slated for an
operation as well.
Lichtman May Go West
Al Lichtman may go to the coast
around the first of the year. If he
doesn't take the coast trip, he'll go
south for a vacation.
Report Favors Offer
For Phila. Theatres
(Continued from page 1)
supervisor of the theatres, at the sec-
ond hearng yesterday on the advisa-
bility of the sale.
Giving figures on the mortgage in-
demnities of the houses involved, the
Tower, Nixon, Roosevelt and Frank-
ford, Sloan declared that "considering
conditions," the Warner offer was a
good one. James Williams, a realty
expert retained to report to the special
master, testified in the same vein. The
hearing is to be resumed later.
Warner Party Dec. 22
The Warner Club annual Christmas
kiddie party will be held at the home
office club room Dec. 22. It is limited
to children, grandchildren and brothers
and sisters, not over 12 years of age,
of members.
from New York Daily News for
Warner Bros/ All-American Hit
at Triumphant B'way Premiere!
FLIRTATION
WALK
Starring
DICK POWELL
RUBY HEELER
PAT O'BRIEN
THE WEST POINT CADETS
FRANK BORZAGE PRODUCTION
A First National Picture
SMILES!
BRIDGEPORT SMILES!
COLUMBUS SMILES!
NEW HAVEN SMILES!
NORFOLK SMILES!
READING SMILES!
RICHMOND SMILES!
SPRINGFIELD SMILES!
WORCESTER SMILES!
NASHVILLE SMILES!
INDIANAPOLIS SMILES!
WASHINGTON SMILES!
ROCHESTER SMILES!
LOUISVILLE SMILES!
Get ready to join the GARBO
SMILE that's spreading
from Coast to Coast !
HOL
Mr. Editor!
NATIONWIDE REVIEWS ON GARBO IN
"PAINTED VEIL" SPELL HAPPINESS IN
EVERY BOX-OFFICE! READ 'EM AND LEAP!
COLUMBUS Citizen — "Garbo again triumphant. . .'Painted Veil'an awe-inspiring and fascinating experience". . .
DAYTON Daily News — "Garbo such as you have never seen. ..Most emotionally stirring scenesyet seen in pictures..."
INDIANAPOLIS Times — "Garbo reaches heights in 'Painted Veil'. . . a really great sensitive artist . . ."
WASHINGTON Post — "Garbo in 'Painted Veil' lays new claim to greatness among cinema stars . . ."
CANTON Repository — "Garbo at her best in glamorous role . . . shows a new side to her personality and there is
more charm in her manner than in any of her pictures . . ."
WASHINGTON Sunday Star — "Garbo still the most important person in Hollywood. . .plays rings around many
of her cinema sisters ..."
WASHINGTON Daily News — "Garbo more human than in years ... A grand movie . . ."
CLEVELAND Plain Dealer— "Unusually good . . ."
PITTSBURGH Post-Gazette — " 'Painted Veil' definitely one of the year's superior films . . . Star is still Garbo the
Great . . ."
DAYTON Journal — "New fire in Garbo's acting . . . most entertaining picture . . ."
OHIO State Journal — "One of the few productions in which one may lose one's self completely ... a beautiful
picture . . ."
PITTSBURGH Press — "An unusually interesting picture ... a picture of dignity, dramatic suspense, and excellent
acting ..."
CLEVELAND News — "Rises to intensely dramatic moments . . . Garbo-Brent a winning combination. . ."
COLUMBUS Dispatch — "Star rises to new heights in exceptional film . . ."
WASHINGTON Evening Star— "Garbo at her best . . . She is all that she has ever been . . ."
RICHMOND News Leader — "Garbo is beautiful in an absorbing story . . ."
WASHINGTON Times— "This is GARBO WEEK in the Nation's Capital . . ."
PITTSBURGH Sun-Telegraph— "This is real drama . . ."
READING Times— "Garbo greatest film star of them all . . . rises to greatest heights in 'Painted Veil' ". . .
GARBO in THE PAINTED VEIL
with HERBERT MARSHALL, GEORGE
BRENT, Warner Oland, Jean Hersholt, Katharine Alexander
Directed by Richard Boleslawski • Based on the novel by W. Somerset Maugham
Produced by Hunt Stromberg • A Metro-Goldwyn-Mayer Picture
10
MOTION PICTURE
DAILY
Friday, November 30, 1934
"Love" Leads
Minneapolis9
Six 1st Runs
Minneapolis, Nov. 29. — "One
Night of Love" bettered the Or-
pheum's average by $1,000 at $6,500
to leave this city's six first runs for
the week just closed, while Gaumont
British took second honors here with
"Chu Chin Chow's" $3,000 at the
World for its third week and made
the best showing in St. Paul with a
second week gross of $3,000 for "Little
Friend."
The Metropolitan, St. Paul, just re-
opened, finished its opening week with
$2,000 for "Girl of the Limberlost,"
equaling average for the house. "The
White Parade" was good at the Par-
amount, running $500 over average.
Total first run business in Minne-
apolis was $23,000. Average is $21,000.
Total first run business in St. Paul
was $20,700. Average is $18,000.
Estimated takings :
Minneapolis :
Week Ending Nov. 22:
"THE AFFAIRS OF CELLINI" (U. A.)
CENTURY— (1,000), 25c-40c, 7 days.
Gross: $4,000. (Average, $4,000)
"365 NIGHTS IN HOLLYWOOD" (Fox)
LYRIC— (1,000), 20c-25c, 7 days. Gross:
$1,500. (Average $1,500)
Week Ending Nov. 23:
"ONE NIGHT OF LOVE" (Col.)
ORPHEUM— (2,900), 25c-50c, 7 days.
Daphne Pollard heading five acts. Gross:
$6,500. (Average, $5,500)
"THE WHITE PARADE" (Fox)
STATE— (2,300), 25c-40c, 7 days. Gross:
$5,500. (Average, $5,500)
"THE CRIME DOCTOR" (Radio)
TIME— (300), 25c-35c, 7 days. Gross:
$2,500. (Average, $2,500)
"CHU CHIN CHOW" (Gaumont British)
WORLD— (400), 25c-75c, 7 days, 3rd week.
Gross: $3,000. (Average, $2,500)
St. Paul:
Week Ending Nov. 22:
"THE GIRL OF THE LIMBERLOST"
(Monogram)
METROPOLITAN— (1,200), 25c, 7 days.
Gross: $2,000. (Average, estimated, $2,000)
"THE WHITE PARADE" (Fox)
PARAMOUNT— (2,300). 25c-40c, 7 days.
Gross: $6,000. (Average, $5,500)
"THE AFFAIRS OF CELLINI" (U. A.)
RIVIERA— (1,200), 25c-40c, 7 days. Gross:
$4,000. (Average, $3,500)
"HAPPINESS AHEAD" (F. N.)
ORPHEUM— (2.000), 25c-40c, 4 days. Five
acts vaudeville. Gross: $2,500. (Average for
the week, $4,000)
"WEDNESDAY'S CHILD" (Radio)
ORPHEUM— (2,000), 25c-40c, 3 days.
Gross: $1,700. (Average for the week, $4,000)
"I'LL FIX IT" (Col.)
TOWER— (1,000), 15c-25c, 7 days. Gross:
$1,500. (Average, $1,500)
"LITTLE FRIEND" (Gaumont British)
WORLD— (300), 25c-75c, 7 days, 2nd week.
Gross: $3,000. (Average, $2,000)
"One Night" 2nd
Week Omaha High
Omaha, Nov. 29. — "One Night of
Love" continued to top the town in its
second week at the Brandeis, going to
$4,200, over normal by $700.
"Transatlantic Merry-Go-Round"
was also in the money, getting $8,500,
up by $500, at the Paramount. "The
Pursuit of Happiness" and "Menace,"
on a dual bill, pulled a strong $8,000
at the Orpheum.
Total first run business was $24,200.
Average is $21,500.
Estimated takings :
Week Ending Nov. 21:
"THE PURSUIT OF HAPPINESS" (Par.)
"MENACE" (Para.)
ORPHEUM— (3,000), 25c-40c, 6 days.
(Continued on page 11)
Parade" Hits
$15,000 Mark
In Pittsburgh
Pittsburgh, Nov. 29. — Business all
over town was up last week, with one
house, the Alvin, hitting a new high
and several others achieving pax or
better. It was "The White Parade"
that turned in the record-breaking
week at the Alvin, the picture getting
$15,000, which meant near capacity at
every performance.
At the Stanley "The Gav Divorcee"
was satisfactory at $12,000, although
reports from elsewhere had the man-
agement visioning considerably more
than that.
The Warner also shot into high
with "Dr. Monica" and "Million Dol-
lar Ransom," getting $6,700 for its
best takings in several months. It was
generally believed that the great pub-
licity given "Dr. Monica" during the
five months it has been held up by the
Pennsylvania censors was in a large
way responsible for the excellent busi-
ness.
Total first run grosses were $64,000.
Average is $55,000.
Estimated takings for the week end-
ing Nov. 22 :
"THE WHITE PARADE" (Fox)
ALVIN— (2,000), 25c-40c, 6 days. Stage:
Johnny Perkins, Fritz and Jean Hubert,
John and Edna Torrance, Master Michaels
and Jerry Mayhall's band. Gross: $15,000.
(Average, $10,000.)
"GIRL OF THE LIMBERLOST"
(Monogram)
FULTON— (1,750), 15c-40c, 6 days. Gross:
$4,000. (Average, $4,500.)
"TRANSATLANTIC MERRY-GO-
ROUND" (U. A.)
PENN— (3,300), 25c-75c, 6 days. Stage:
Thurston and his magic show. Gross: $22,-
000. (Average, $22,000.)
"AMONG THE MISSING" (Col.)
PITT— (1,600), 15c-30c, 6 days. Stage:
Cortello's Dogs, Grace Doro, Yvonne-Victor
revue, Three Olympics, Roy, Lee and Dunn,
Claude and Marion, Joe Kelso & Co. Gross:
$4,300. (Average, $4,500.)
"THE GAY DIVORCEE" (Radio)
STANLEY— (3,600). 25c-50c, 6 days. Gross:
$12,000. (Average, $12,000.)
DR. MONICA" (Warners)
"MILLION DOLLAR RANSOM" (Univ.)
WARNER— (2,000), 25c-40c, 6 days. Gross:
$6,700. (Average, $5,000.)
66
Young" and Show
Pull in Oklahoma
Oklahoma City, Nov. 29. — "Young
and Beautiful," with the help of a stage
show the first four days of the week at
the Liberty, took the only important
money in town — $2,500. This is $500
over the normal take for a week.
"The Merry Widow" took a par
$5,000 at the Warner, but "Peck's Bad
Boy" and "Marie Galante" were both
dull.
Total first run business was $12,300.
Average is $13,500.
Estimated takings for the week end-
ing Nov. 24:
"MERRY WIDOW" (M-G-M)
WARNER— (1,900), 10c-20c-36c-41c-56c 7
days. Gross: $5,000. (Average, $5,000)
"PECK'S BAD BOY" (Fox)
MIDWEST— (1,500), 10c-26c-56c, 6 days.
Gross: $2,500. (Average, $4,000)
"MARIE GALANTE" (Fox)
CAPITOL— (1,200), 10c-20c-26c-36c-41c, 7
days. Gross: $1,800. (Average, $2,500)
"YOUNG AND BEAUTIFUL" (Mascot)
LIBERTY— (1,500), 10c-15c-26c-36c, 4 days.
Rainbow Revue on stage. Gross: $2,500.
(Average week, $2,000)
"ONE EXCITING ADVENTURE" (Univ.)
LIBERTY— (1,500), 10c-15c-26c-36c, 3 days.
Gross: $500. (Average week, $2,000)
Asks Opening Ban
Omaha, Nov. 29.— The new-
est move by the Legion of
Decency here stumped show-
men recently. The True
Voice, Catholic weekly news-
paper, which appears on Fri-
day, asked its readers not to
attend opening days at the
Paramount and World thea-
tres, which fall on a Thurs-
day, until they have seen the
newspaper and scanned the
suitable and unsuitable list
of pictures.
"Widow" Good
Chicago Draw
Despite Slump
Chicago, Nov. 29. — "The Merry
Widow" was outstanding in its second
week at the Roosevelt with a take of
$14,000. This and "One Night of
Love" in its fifth week at the Garrick,
where it was still going strong, were
the only two strong draws in town.
The slump was general with the
total first run take down to $104,200.
Average is $131,600.
Estimated takings:
Week Ending Nov. 20
"THE MERRY WIDOW" (M-G-M)
ROOSEVELT— (1,591), 25c-35c-50c, 2nd
week, 7 days. Gross: $14,000. (Average,
$11,000)
Week Ending Nov. 22
"ONE NIGHT OF LOVE" (Col.)
GARRICK— (900), 25c-35c-40c, 5th Loop
week, 7 days. Gross: $6,200. (Average,
$5,000)
"HAPPINESS AHEAD" (F.N.)
CHICAGO— (4,000) 25c-35c-68c, 7 days.
Stage: Ted Lewis show and orchestra.
Gross: $28,000. (Average, $34,600)
"THE CASE OF THE HOWLING DOG"
(Warners)
ORIENTAL— (3,900). 25c - 40c, 7 days.
Stage: Faith Bacon, Frank Libuse, Tommy
Mack & Co., Gresham & Blake. Gross:
$15,000. (Average, $15,000)
"GREAT EXPECTATIONS" (Univ.)
PALACE— (2,509), 25c-35c-50c, 7 days.
Stage: Phil Cook, Foy Family. The Ri-
macs. Arthur Petley & Co. Gross: $16,000.
(Average, $22,000)
Week Ending Nov. 23
"TRANSATLANTIC MERRY GO
ROUND" (U. A.)
UNITED ARTISTS— (1.700). 30c-40c-60c.
2nd week, 5 days. Gross: $8,000. (Aver-
age, $17,000)
"THE CAPTAIN HATES THE SEA"
(Col.)
APOLLO— (1,400), 25c-35c-50c. 7 days.
Gross: $5,000. (Average, $12,000)
Week Ending Nov. 24:
"YOUNG AND BEAUTIFUL" (Mascot)
STATE - LAKE— (2,776), 20c - 25c - 35c, 7
days. Stage: Weist & Stanton, Rio &
West, Pease & Nelson and other acts.
Gross: $12,000. (Average, $15,000)
"Captain," Revue,
High in Portland
Portland, Nov. 29. — "The Captain
Hates the Sea," materially aided by
Les Hite and the Cotton Club revue
on the stage, helped the Paramount
to soar to $9,200, or $4,200 over
normal.
"One Night of Love" was moved
into the Mayfair. It promises to run
at least another fortnight.
"St. Louis Kid" at Hamrick's Or-
pheum had a steady build-up to $5,000,
or $2,000 over par.
"Gay Divorcee" held up to normal
(Continued on page 11)
"Lost Lady,"
Show $21,100
Capital Lead
Washington, Nov. 29. — Only "A
Lost Lady" and "Evelyn Prentice"
created a stir last week. The Earle,
with the former, bulwarked by War-
ing's Pennsylvanians, went $3,500 over
par with a $21,100 take and the latter
at Loew's Fox brought in $23,500,
some $3,000 over average.
With the exception of "The Lemon
Drop Kid" at the Metropolitan, which
did $4,600, or $500 over par, other pic-
tures were weak.
"Mrs. Wiggs of the Cabbage
Patch," at Loew's Palace, slipped
$4,200, or down to a gross of $10,300.
At Loew's Columbia, "365 Nights in
Hollywood" did not quite make the
grade at $3,000, just §100 under.
"Great Expectations" did not mate-
rialize at RKO-Keith's, $4,400 coming
in in four days ending Nov. 19, when
the Dickens opus was pulled for
"Caravan," which, in the following
three days, added another $4,800,
bringing the week's take to $9,200,
or $2,200 under a full first run
week. Run of "Caravan" closed at
7:30 P. M., Nov. 24, when "Wed-
nesday's Child" was set in to run
until Thanksgiving.
Estimated takings, exclusive of tax,
for the week ending Nov. 22:
"A LOST LADY" (Warners)
EARLE— (2,218), 25c-77c, 7 days. Stage:
Waring's Pennsylvanians, with Poley Mc-
Clintock, Rosemary and Priscilla Lane,
Johnny Davis, Stuart Churchill, Scotty
Bates, Clare Hanlon. Gross: $21,100. (Av-
erage, $17,600)
"365 NIGHTS IN HOLLYWOOD" (Fox)
LOEW'S COLUMBIA— (1,264), 25c-40c, 7
days. Gross: $3,000. (Average, $3,100)
"EVELYN PRENTICE" (M-G-M)
LOEW'S FOX— (3,434), 25c-66c, 7 days.
Stage: Duncan Sisters, Diamond Boys,
John Fogarty, Youthful Rhythms. Gross:
$23,500. (Average. $20,500)
"MRS. WIGGS OF THE CABBAGE
PATCH" (Para.)
LOEW'S PALACE— (2^370), 35c-77c, 7
davs. Gross: $10,300. (Average, -$14,500)
"THE LEMON DROP KID" (Para.)
METROPOLITAN— (1,591), 25c-40c, 7
days. Gross: $4,600. (Average. $4,100)
"GREAT EXPECTATIONS" (Univ.)
RKO-KEITH'S— (1,836), 25c-55c, 4 days.
Gross: $4,400. (Average, 7 days, $11,400)
"CARAVAN" (Fox)
RKO-KEITH'S— Three days, to complete
week of above. Gross: $4,800.
"College Rhythm"
Tops Indianapolis
Indianapolis, Nov. 29. — "College
Rhythm" ran away with top box-office
honors here last week by getting
S8.500 at the Indiana. This was $1,500
over average.
"Hell in the Heavens" made a good
showing at the Lyric, going to $7,750
on the week.
Total first run business was $24,250.
Average is $25,000.
Estimated takings for the week end-
ing Nov. 24:
"GAMBLING" (Fox)
APOLLO— (1,171). 25c-40c, 4 days. Gross:
$1,000. (Average. 7 days. $2,500)
"GREAT EXPECTATIONS" (Univ.)
CIRCLE— (2,638), 25c-40c, 7 davs. Gross:
$2,500. (Average, $4,000)
"COLLEGE RHYTHM" (Para.)
INDIANA— (3,133), 25c-40c, 7 days. Gross:
$8,500. (Average. $7,000)
"HELL IN THE HEAVENS" (Fox)
LYRIC — (1,896). 25c-40c, 7 days. Vaude-
ville. Gross: $7,750. (Average, $7,000)
"WE LIVE AGAIN" (U. A.)
PALACE— (2,431), 25c-40c, 7 days. Gross:
$4,500. (Average, $4,500)
MOTION PICTURE
DAILY
White Parade 9 Sensational
In Philadelphia at $26,000
Earnings Jump
Predicted for
Friday, November 30, 1934
'Lady," Show
Lead Detroit
With $18,200
Detroit, Nov. 29. — "Lady by
Choice," and a stage bill headed by
Polly Moran, helped brighten the the-
.atre outlook hereabouts last week. The
L ake at the Fox was 518,200, over the
line by $3,200.
Total first run business was $69,200.
Average is 865,000.
Estimated takings for the week end-
ing Nov. 22 :
"GAY DIVORCEE" (Radio)
(2nd Run)
ADAMS — (1,770), 10c-30c-40c, 7 days.
Gross: $6,800. (Average, $5,000)
"A LOST LADY" (Warners)
'MRS. WIGGS OF THE CABBAGE
PATCH" (Para.)
(2nd Runs)
FISHER — (2.975), 10c-30c-40c, 7 days.
Gross: $6,700. (Average., $10,000)
"LADY BY CHOICE" (Col.)
FOX— (5,100), 15c to 65c, incl. tax, 7 days.
Stage: Polly Moran in person. Gross: $18,-
2)0. (Average, $15,000)
"GENTLEMEN ARE BORN" (Warners)
MICHIGAN"— (4,100), 15c to 65c, incl. tax,
7 days. Stage: Borrah Minnevitch and His
Harmonica Rascals, other acts. Gross:
S23.000. (Average. $20,000)
•CRIME WITHOUT PASSION" (Para.)
"READY FOR LOVE" (Para.)
STATE— (3,000). 10c-35c, 7 days. Gross:
$4,700. (Average, $5,000)
"LIMEHOUSE BLUES" (Para.)
United Artists— (2,070), 25c-50c, 7 days.
Gross: $9,800. (Average, $10,000;
"Captain," Revue,
High in Portland
(Continued from page 10)
at the Music Box in its fourth week
and was held for a fifth.
Total first run business was $30,400.
Average is $25,000.
Estimated takings for the week
ending Nov. 23:
"EVELYN PRENTICE" (M-G-M)
BROADWAY— (1,912), 25c-35c-40c, 7 days.
Gross: $4,800. (Average. $5,000)
"GIFT OF GAB" (Univ.)
ORIENTAL— (2,040). 25c, 7 days. Gross:
Sl,800. (Average, $2,000)
"ST. LOUIS KID" (Warners)
HAMRICK'S ORPHEUM— (1,700), 25c-
35c-40c, 7 days. Stage show. Gross, $5,000.
^Average, $3,000)
"THE GAY DIVORCEE" (Radio)
MUSIC BOX— (1.000), 25c-35c, 7 davs,
4th week. Gross: $2,000. (Average, $2,000)
"CARAVAN" (Fox)
"LEMON DROP KID" (Para.)
MAY FAIR — ( 1 .700) , 25c-35c, 6 davs.ET
MAYFAIR— (1,700). 25c - 35c, 6 days.
Gross: $2,800. (Average. $3,000)
"CAPTAIN HATES THE SEA" (Col.)
PARAMOUNT— (3,008), 25c - 35c - 40c, 7
days. Gross: $9,200. (Average. $5,000)
"WE LIVE AGAIN" (U.A)
UNITED ARTIST— (945). 25c-35c-40c, 7
days. Gross: $4,800. Average, $5,000)
"One Night" 2nd
Week Omaha High
(Continued from page 10)
Gross: $8,000. (Average, $6,500)
"TRANSATLANTIC MERRY-GO-
ROUND" (U. A.)
PARAMOUNT— (2,800), 25c-40c, 7 days.
Gross: $8,500. (Average, $8,000)
"BARRETTS OF WIMPOLE STREET"
(M-G-M) (Second Run)
"ONCE TO EVERY BACHELOR" (Lib.)
WORLD— (2,200), 25c-40c, 3 days. Gross:
$1,400.
"EVELYN PRENTICE" (M-G-M)
(Second Run)
WORLD— (2,200), 25c-40c, 4 days. Gross:
52,100. (Average. $3,500)
Week Ending Nov. 22:
"ONE NIGHT OF LOVE" (Col.)
BRAN DEIS — (1,500), 20c-25c-35c, 6 days,
2nd week. Gross: $4,200. (Average, $3,500)
Philadelphia, Nov. 29. — The town's
unexpected smash hit was "The White
Parade," which gave the Fox its best
week at $26,000 in over two years,
topping even the Will Rogers figures.
The picture holds for a second week.
It may go a third.
Except for "Firebird" and the stage
show at the Earle, which slightly
topped the average, the rest of the
town slumped. "Pursuit of Happi-
ness," facing the competition of the
stage show, now in its 11th week on a
low box-office scale, couldn't get to
first base and got only $7,500 at the
Stanley. Total first run business was
$73,100. Average is $66,900.
Estimated takings for the week end-
ing Nov. 22 :
"OUTCAST LADY" (M-G-M)
"PECK'S BAD BOY" (Fox)
ARCADIA— (600), 25c-35c-45c, 3 days each.
Gross: $900. Gross: $700. (Average, 6
days, $2,400)
"WE LIVE AGAIN" (United Artists)
ALDINE— (1,200), 35c-40c-55c, 6 days, 2nd
week. Gross: $6,500. (Average, $7,000)
"THE MERRY WIDOW" (M-G-M)
BOYD— (2,400), 35c-40c-55c, 6 days, 2nd
week. Gross: $11,000. (Average, $12,000)
"THE FIREBIRD" (F.N.)
EARLE— (2,000), 40c-55c-65c. 6 days.
Stage: Ed Lowry's revue. Gross: $13,000.
(Average, $12,000)
"THE WHITE PARADE" (Fox)
FOX— (3,000), 40c-55c-65c, 6 days. Stage:
Val and Ernie Stanton; Dick Remy and
Ruth Diane; Continental Dancers. Gross:
$26,000. (Average, $12,000)
"WEDNESDAY'S CHILD" (Radio)
KARLTON— (1,000), 30c-40c-50c, 6 days.
Gross: $2,200. (Average, $3,500)
"PURSUIT OF HAPPINESS" (Para.)
STANLEY— (3,700), 35c-40c-55c, 6 days.
Gross: $7,500. (Average, $12,000)
"THE CAPTAIN HATES THE SEA"
(Col.)
STANTON— (1.700), 30c-40c-55c, 6 days.
Gross: $5,300. (Average, $6,000)
Secrecy Veils CBS
Increase in Stock
Secrecy veils the reason behind Col-
umbia Broadcasting System's increase
in capital from $3,750,000 to $7,500,-
000. Executives of the company on
Wednesday refused to make any com-
ment on the move.
At a meeting of the board of direc-
tors earlier in the week, however, a
50 per cent stock dividend on the A
and B shares, payable Dec. 27 to
stockholders of record Dec. 13, was
declared.
There are 111,244 shares outstand-
ing, consisting of 49,194 A and 62,-
250 B shares.
Son to John Waynes
Hollywood, Nov. 29. — A son has
been born here at St. Vincent's Hos-
pital to the John Waynes. Mrs.
Wayne is the former Josephine Saenz.
Mother and son are reported doing
fine.
Opens Butte Exchange
W. Ray Johnston has opened a Mon-
ogram Exchange in Butte, Mont., and
has placed it in charge of the Shef-
field System under the management of
J. H. Sheffield.
William Watson, 50, Dead
Cleveland, Nov. 29. — William Wat-
son, 50, manager of the Warner Hip-
podrome here, died at his home last
night after a long illness. His widow
and two daughters survive.
Estimate Roxy Net
Will Top $100,000
(Continued from page 1)
bonds. This compares with $2,600 for
the same period a year ago.
Up to last week the net was ap-
proximately $75,000 and it is expected
that $10,000 will be added to this fig-
ure after the two-week run of "Imita-
tion of Life," which ended the first
week with a $44,000 gross. The house,
being operated by Fanchon & Marco
for Trustee Howard S. Cullman, has
not had a red week since June 15.
At least two reorganization plans
are being considered by the bondhold-
ers' committee, but because at least
$750,000 cash is required before any
reorganization plan can be adopted,
it is unlikely that either of the plans
will be accepted. In fact reorganiza-
tion of Roxy Theatres Corp. will not
take place for at least another year,
according to insiders.
Trans-Lux Officers
Reply to Meet Plea
Wilmington, Nov. 29. — Officers of
Trans-Lux Daylight Picture Screen
Corp., filed an answer yesterday in
Chancery Court here to the order is-
sued last week by Chancellor Wolcott
directing them to show cause why a
stockholders' petition for appointment
of a master to hold a stockholders'
meeting for the election of directors
should not be granted.
They claim the charges against
them were not made in good faith and
that control of the board is sought to
set aside or disastrously change a con-
tract merger with News Projection
Corp., in order that the latter may be
released from a judgment handed
down by the N. Y. Supreme Court.
Dismissal of the petition is asked.
"Flirtation" Opens Big
Playing to capacity crowds, "Flirta-
tion Walk" grossed $4,832 for its first
two performances at the Strand Wed-
nesday night, according to Warners.
New House for Augusta
Augusta, Kan., Nov. 29. — Construc-
tion of a theatre costing $80,000 will
shortly be started here by D. A. Bi-
sagno. .
Friedman Plans Visit
London, Nov. 29.— Joe Friedman,
general representative for Columbia
here, sails for New York Dec. 11.
Big Companies
(Continued from page 1)
of $7,479,897, or $4.50 a share on 1,-
464,205 shares of common after pre-
ferred dividends is cited as making
this the strongest major company. It
is also pointed out that the company
has reserves in cash and Government
securities totalling $12,527,649.
"It is probable," the article contin-
ues, "that directors will consider in-
creasing the present $1 dividend rate,
or declare an extra within the next
month."
"Paramount, in receivership, prob-
ably has the second largest earnings
of any company in the industry, al-
though no official report has been
made," the Journal writer continues.
"Net operating earnings in the first
six months of this year were approxi-
mately $3,500,000, and there is appar-
ently a good chance that profit for
the year will be in the neighborhood
of $6,000,000, although how this esti-
mate may be changed by final audit-
ing and possible write-downs, cannot
be determined at the moment. As of
June 30, the Paramount system had
total cash of $16,630,000, of which
about $4,000,000 is in the hands of the
receivers. It has been estimated that
total cash on hand will be around
$20,000,000 at the end of the year.
Sees RKO Revamping in 1935
"This obviously furnishes an excel-
lent basis for the reorganization of the
company."
Reorganization of RKO early in
1935 is predicted.
Scaling down of the Fox capitaliza-
tion has placed the company on a
strong basis, the writer states. The
net of $1,506,212, or 61 cents a share,
on 2,436,409 shares of Class A and
Class B common for the 39 weeks
ending Sept. 29 is pointed out, and
compared with a net loss of $226,346
for the same period in 1933. Nego-
tiations for the sale of the company's
Gaumont British stock may bring in
from $3,000,000 to $7,000,000, the ar-
ticle states.
In commenting on Warners, the
writer says : "Warner Bros. Pictures
in 39 weeks ended May 26 reported
a net loss of $558,836, against a loss
of $5,021,774 in the 1933 period. War-
ner, although it has a heavy funded
debt, has been able to avoid reorgani-
zation. However, considerable saving
has been in effect in theatre rentals.
Heavy funded debt of the parent com-
pany remains an obstacle in reducing
overhead expenses."
NOW IN ITS THIRD BIG WEEK
GAIETY THEATRE, NEW YORK
A ROAD
SHOW
PICTURE
MUSSOLINI'S $2,000,000
ROMANTIC SPECTACLE
ENGLISH DIALOGUE
(ITALIAN VERSION ALSO
AVAILABLE)
NOW BOOKING
EUREKA PRODUCTIONS, INC
723 Seventh Avenue, New York City
BRy. 9-0545
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MOTION PICTURE
DAILY
MOTION PICTURE DAILY.S
HOLLYWOOD PREVIEW
"Here Is My Heart"
(Paramount)
Hollywood, Nov. 29. — A lavishly mounted hokum comedy romance
with music. Bing Crosby and Kitty Carlisle are teamed again for an-
other typical Crosby offering.
In comparison with its predecessors, this succeeds to a point where
Crosby followers should enthuse, while others looking for a logical
straight narrative plot and suspense may be disappointed. A series of
smart situations provoking laughs and admiration for the make-believe
characters and the ridiculous mannerisms of a fourflushing royal family
boosts the picture to a popular key.
The story depicts a millionaire crooner, Crosby, setting a fast pace
for any millionaire playboy. He becomes involved in a search for an
ancient pistol and reaches Monte Carlo, where, meeting a Russian prin-
cess, Kitty Carlisle, who is living with her family, Reginald Owen,
Alison Skipworth and Roland Young, he forces his attentions upon her
by impersonating a hotel waiter.
The situations involved thereafter become hilarious, with laughs and
romance interpolated. When the family faces eviction from a hotel
suite, Crosby saves the day. As the owner, he leaves Owen, Young
and Miss Skipworth to manage the place, while he vanishes with the
princess for a honeymoon.
Crosby introduces four new songs. Karl Struss' photography em-
bellishes the exquisite backgrounds. Frank Tuttle's direction is com-
mendable, getting the most from the story material. Production Code
Seal No. 337. Running time, 80 minutes. "G."
"The Marines Are Coming"
(Mascot)
Hollywood, Nov. 29. — Essaying two marines and their sweethearts in
the familiar formula, a lack of story originality keeps this one in the
average column.
The yarn concerns a lady-killer lieutenant of the Marine Corps, Bill
Haines, who had been previously involved with the firebrand, Armida,
in an imaginary country near the Canal Zone. Camped at San Diego,
Haines crosses swords with a brother officer, Conrad Nagel, over the
affections' of Esther Ralston, trying, meanwhile, to be rid of the fire-
cracker, Armida. On the eve of his wedding to Miss Ralston, he gets
into a fight over unpaid bills in a cabaret in Tia Juana, is forced to re-
sign from the corps, re-enlists as a private, goes to the tropics with a
detachment hunting a notorious bandit known as Torch, is wounded and
saves Nagel for Miss Ralston as Armida snares him.
The production, while pleasing to the eye, is talky in spots and, al-
though containing humorous interludes with some situations slightly far-
fetched but slam bang, the action will appeal to chapter play fans.
David Howard directed nicely from James Gruen's screen play with
good photography by Ernie Miller and William Nobles.
The names of Haines, Miss Ralston, Edgar Kennedy and Hale Hamil-
ton should aid the draw which, with Marine exploitation, should be pre-
dominately neighborhoods and duals. Previewed without production
code seal. Running time, 68 minutes. "G."
"Flirtation Walk," Wednesday night's opener at tlie Strand, was previewed
by wire from- Hollywood, Nov. 3.
"Captain Hates the Sea," another Wednesday premiere but at the Rialto,
was reviewed by coast wire Oct. 15.
"Broadway Bill," yesterday's opener at the Music Hall, was also covered by
the Hollyivood previewing service on Oct. 26.
14
Para. Changes Delay
Plan to Next Week
{Continued from page 1)
presented their resignations to the
new Paramount Publix board. The
new board, still incomplete, is com-
prised of the following: Frank A.
Vanderlip, Dr. Julius Klein, Percy H.
Johnston, George D. Davison, Ger-
ald Brooks, Maurice Newton and Ad-
olph Zukor.
The old board consisted of the fol-
lowing: Jules E. Brulatour, Emanuel
Cohen, John Cecil Graham, Felix E.
Kahn, Gilbert W. Kahn, Austin
Keough, Maurice Newton, Sir Wil-
liam Wiseman, Adolph Zukor, Eugene
Zukor, Walter B. Cokell and George
J. Schaefer.
The new board at a session immedi-
ately, following acceptance of the old
board's resignations, approved and
adopted the so-called Kuhn, Loeb &
Co. plan of reorganization, which now
has the support of all essential creditor
groups in addition to that of the bond-
holders' and stockholders' protective
committees.
Every effort will be made, it was
said, to present this plan to the court
on Monday.
The new board issued only the fol-
lowing terse statement at the close
of the meeting :
"At a meeting held this afternoon
(Wed.) the Paramount Publix Corp.
adopted a plan of reorganization
which it will present to the court on
Monday, Dec. 3."
The new board's identification of
itself as " the Paramount Publix
Corp." was interpreted to imply that
no change of corporation name will
result from the reorganization.
Para. Reel Claims
Only 40% of "Beats"
Paramount's publicity department
heralded on Wednesday the modest
triumphs of the company's newsreel
during 1934, including a claim to na-
tional "beats" on 40 per cent of the
most important screen news of the
year.
On the remaining 60 per cent of the
news, the publicity account states,
"Paramount gives all reels an even
break on the news." The release also
claims for the reel 132 exclusive
items of lesser importance.
Tom Waller was the blushing
author.
IEPA Against MPTO
If Warners Are In
Philadelphia, Nov. 29. — The In-
dependent Exhibitors Protective Ass'n.
will oppose a local merger with the
M. P. T. O. of Eastern Pennsylvania,
Southern New Jersey and Delaware if
Warner Theatres have membership in
the consolidated exhibitor organization
which would result, according to an
article appearing in the current issue
of Film Bulletin, the I. E. P. A.
organ.
The article states that overtures for
a merger of the local exhibitor groups
have been made by representatives of
the M. P. T. O.
Film Trio Reach Coast
Hollywood, Nov. 29. — Jack Cohn,
Bobby Connolly and Ricardo Cortez
arrive Saturday from New York.
They are all on the same train.
Suit Filed to Stop
Cleveland Dual Bill
(Continued from page 1)
Common Pleas Courtt by Max Lefko-
wich, operator of the University The-
atre. He claims it is a violation of the
single feature agreement.
Before the agreement went into ef-
fect it was signed by Martin Printz
as operator of the Alhambra. Printz
now says he is only the manager and
the house is operated by the owners,
George Harvey and Sam Cowan. He
contends that his signature is no longer
binding now that he is not a partner-
lessee.
Century Circuit Is
Winner in Ad Cases
Century circuit has won complaints
against the Quentin and Glenwood
theatres for premature advertis-
ing. In the first case, it was
pointed out that a new operator took
over the house on Nov. 1 and he was
warned to discontinue advance adver-
tising on pictures slated to run at the
Century house.
With Herbert S. Keller of the Weis-
man, Quinn, Allan & Spett office as
attorney, the Glenwood lost the de-
cision, although Keller tried to inter-
pret Part 5, Section C in the code
for the benefit of *Ua board.
Friday, November 30, 1934
Vincent for Fewer
And Better Films \
(Continued from page 1)
Vincent said. "The industry is tend- *
ing toward disintegration because too
many films and too many poor films
are being made."
Vincent, who is treasurer of
MPTOA, said that while he had se-
lective contracts with mjajor com-
panies he would buy a good feature
of any independent company.
B. M. Golder, attorney for Perel-
man, aroused Vincent's ire when he
asked if the MPTOA was not subsi-
dized by the alleged film trust. "I
wouldn't allow myself to be subsidized
by anyone," Vincent replied heatedly.
Edward Jeffries, a Roxborough ex-
hibitor, testified that his patrons had
voted against double features and that I
school authorities had urged him to
follow a single feature policy to per-
mit the showing of educational shorts
on the program. Fred Leopold, an- j
other exhibitor, stated that duals tend-
ed to eliminate good shorts. Deposi- |
tions were taken from the following i
witnesses in opposition to duals : I.
Hirshblond, W. T. Wrilson, Williams- !
port ; Herbert Elliott, George Lesey, j
Marcus Benn, Al Fisher, Luke Gring.
Samuel Somerson, C. Stites, Abe Sab-
losky, George F. Weiland, Atlantic j
City, and George Kline and Benjamin
Fertel, Philadelphia.
The plaintiff's cross examination I
centered on two general points, 1
whether double features would mean
more production and whether each
theatre and neighborhood did not have
its own problem. Witnesses answered
in the affirmative, although the de-
fense stressed that if double featuring
became general, exhibitors would be
hard put for product.
Defense Attorney Morris Wolf said
he would call both local exchange
men and home office sales executives
for Monday's hearing to refute charges
of conspiracy. The session was ad-
journed to Monday.
Rosenblatt on Coast
On Harmony Mission
Los Angeles, Nov. 29. — Compliance
Director Sol A. Rosenblatt arrived
from Washington yesterday with the
assertion his mission was to effect
harmony between the actors' and
writers' five-five committees and pro-
ducers and to end the deadlock in
negotiations between players and
studios. He added he would also as-
sist writers in completing a draft of a
code of fair practice that would meet
with the satisfaction of producers.
Rosenblatt declared the agents' pact
was not in accord with the NRA as it
affects the film code, adding that noth-
ing can be done until the draft is re-
vised to conform with NRA require-
ments.
Meanwhile Rosenblatt will confer
behind closed doors with all commit-
tees concerned, beginning Saturday.
Flynn Denies He'll
Succeed Will Hay&
Hollywood, Nov. 29. — Edward J'
Flynn, secretary of state of New York
yesterday publicly denied recent
rumors that he might succeed Wil
Hays. He also discounted reports tha
he might join the legal staff of RadioJ
Assailing both stories as "ridiculous.' I
Flynn said he is here chiefly on vaca I
tion with his wife.
VINCENT
R. McFAUL
Operates
1 1 theatres,
spends upward
of $850,000
annually for film.
He reads
MOTION PICTURE
DAILY
uying Power Reads
CTURE DAILY
WHY GET
EXCITED ABOUT
ONE REEL?
All right, Mr. Exhibitor,
you try to be calm
after seeing
TOYLAND
BROADCAST
Gosh, it's a honey! Just a single reel but one of those things that steals
the show! Filmed in gorgeous color, A cute story of a Toyland Broad*
cast, caricaturing the Top Stars of radioland. Perfect for the Holidays
and great for any time. It's one of M*G-M's HAPPY HARMONIES
SERIES {produced by Harmonising) of color cartoons with music that
exhibitors are talking about, Betcha you'll get excited too!
The Leading
Motioi
Picture
Industry
MOTION PICTURE
DAILY
Alert,
Intelligent
VOL. 36. NO. 129
NEW YORK, SATURDAY, DECEMBER 1, 1934
TEN CENTS
Circuits Move
To Fight Free
Socony Shows
Will Open in New Haven
And Go on Air
Circuit theatre representatives yes-
terday mapped plans for combating
the free entertainments being spon-
sored by Standard Oil Co. which open
at New Haven tonight and contem-
plate a two and one-half months' tour
of the country.
Meeting at M. P. P. D. A. head-
quarters, representatives of the na-
tional circuits were agreed that Stand-
ard Oil's exploitation shows are of
high enough calibre to completely kill
theatre patronage on the nights they
are staged in many cities of small
and medium size and to seriously cur-
tail patronage in others. Guy Lom-
bardo and his orchestra head the
Standard Oil free show troupe, with
Cross & Dunn, Jane Roberts and
others billed as feature acts.
The performances will be staged
in theatres, hotel ballrooms or audi-
toriums of large seating capacity and
will be broadcast nationally from local
stations. Tonight's opening perfor-
mance at New Haven will be in the
(Continued on page 3)
Free Radio Theatre
Planned in Chicago
Chicago, Nov. 30. — Competition
will be furnished local houses with the
completion of a free radio theatre just
announced by the Chicago Tribune.
The structure, adjoining the Tribune
building, will be a deluxe theatre to
which the public will be invited. It
will have a seating capacity of 600.
Ernest A. Grunsfeld, Jr., of Chicago
is announced as the winner of $2,500
in a nationwide contest for the the-
atre's design.
First Run Product
Scarce in Paterson
Paterson, Nov. 30. — Inability to se-
cure first run independent pictures has
been giving A. Louis Ginsberg, mana-
ger of the local Majestic, several wor-
ries. He switched recently from sec-
ond runs to first runs and vaudeville.
Before the switch took place, he
spent heavily to give the theatre re-
pairs needed. He's pulling crowds.
_ "Just another three or four months
like the last two, and I won't be wor-
rying so much," he said.
On time film delivery assured by members
of National Film Carriers, Inc. — Adv.
B'way Up and Going; Takes
Better, Big Week-End Seen
Business along Broadway smacks
of the old days.
Second week of "Gay Divorcee"
tallied a handsome $85,000 at the
Music Hall. This figure is $9,000
less than the first stanza. The Roxy
with "Imitation of Life" garnered its
best gross since Fanchon & Marco
have been operating the house for
Howard S. Cullman. The tally here
was $44,000 and the second week looks
big.
After a month's tenancy at the
Astor at two-a-day, "The Merry
Widow" garnered $42,670 at the Capi-
tol in its first week at popular prices.
The Rivoli, winding up the third
and last week of "Kid Millions," got
$25,000. "The Private Life of Don
Juan" opens there today.
The Palace with "St. Louis Kid"
took in $11,500 for the week and
(Continued on page 3)
Selling Tickets on
Commission Stopped
Cincinnati, Nov. 30. — The Roose-
velt, local colored house, has been
ordered by the local grievance board
to stop employing boys from the col-
ored Y. M. C. A. to sell tickets for
which they were paid a commission.
Complaintant was the Lincoln, this
city.
The board dismissed an overbuying
complaint of C. F. Pfister, Mayflower,
Troy, O., against Schine, operating
(Continued on page 3)
Production Project
Begun in Charlotte
Charlotte, Nov. 30. — Willis Fel-
lows is behind a movement to start
production here. A 10-acre site about
five miles from this city has been ac-
quired as a studio site.
The plans announced call for a
studio building 300 ft. x 150 ft. The
company is called Southern M. P.
Studios. According to Fellows, Wil-
fred North will be brought from the
coast to direct the first picture.
Move for Abolition
Of Double Features
Washington, Nov. 30. — The aboli-
tion of double features and a better
planning of programs today was urged
by a special committee of the Na-
tional Council of Teachers of Eng-
lish, seeking improvement of pictures
for children.
The criticism of double features is
based upon an assertion that frequent-
ly exhibitors carry "undesirable and
(Continued on page 3)
Have 388 Houses
Warners' annual financial
statement discloses that the
company and its subsidiaries
operate 388 theatres located
in 21 states.
During the past year, the
report states (meaning the
fiscal year ending Aug. 25),
the company released 56 fea-
tures and 126 one and two-
reel shorts. This year, it is
stated, it plans to release 60
features and 130 shorts.
Group of Four
ToRunRKO's
British Sales
By BRUCE ALLAN
London, Nov. 30. — A committee of
management, composed of E. D. Leish-
man, Ralph Hanbury, Frank Tilley
and C. Dawson, will operate Radio
Pictures, Ltd., thereby abolishing the
former post of managing director held
by Sol G. Newman until his death
recently.
The arrangement emphasizes the
statement made in New York a few
days ago by Ned E. Depinet that it
was the company's intention of filling
Newman's post by promotions from
the ranks.
Leishman becomes chairman of the
board and Hanbury, general manager.
E. D. Leishman is a British sub-
ject and was born in Grangemouth,
Scotland, on Nov. 9, 1899, according
to Motion Picture Almanac. He was
employed by the Bank of Scotland for
three years and by the Bank of Mon-
treal for six, was a flyer and officer
(Continued on page 4)
British Lion Signs
Perry, Tennis Star
London, Nov. 30. — Sam Smith of
British Lion Pictures has signed Fred
Perry, top ranking tennis player of
the world and English Davis Cup
star, for a series of shorts titled "How
to Play Tennis."
Dan Maskell, British professional
champion and coach of the English
Davis Cup team, has been signed as
(Continued on page 3)
Warners Cut
'34 Loss to
2,530,513
Under Previous Year's
Deficit $3,761,234
Warner Bros. Pictures, Inc., yes-
terday reported a net loss for the
year ending Aug. 25 of $2,530,513.68.
Last year for the same period the
loss was $6,291,748.46.
For the year ending Aug. 27, 1932,
the loss was $14,095,054.06. All these
losses are after interest, amortization,
depreciation and other charges.
The company's financial position
was strengthened by cutting the accu-
mulated deficit from $19,547,005.06 to
$16,346,563.77. The net loss from
operations was $2,530,513.68, but the
company realized a profit of $13,132,-
597.78 from various sources. This
was due in some measure to receipt of
$5,099,789.48 from several sources, in-
cluding $3,099,789.48 from Erpi, after
deducting Federal income and state
taxes ; profit on redemption of six
per cent convertible debentures and
preferred stock and bonds of sub-
sidiary companies, adjustment of in-
come tax reserves of prior years, ad-
justment of other reserves and profit
on sale of an investment in an affili-
ated company.
Two items given as a loss of $683,-
452.31 were due to loss on sale of
capital assets and appropriations by
(Continued on page 3)
Particulars Sought
In Tri-Ergon Suits
Six motions to require American
Tri-Ergon to furnish bills of particu-
lars on its patent infringement allega-
tions were filed yesterday by Colum-
bia, M-G-M, Reliance, 20th Century,
Universal and Warners in Federal
district court here.
The motions, which will be set for
argument before Judge Robert P.
Patterson next week, ask for par-
ticulars from Tri-Ergon as to the
basis of its infringement charges and
the claims it relies upon in bringing
the actions.
Canada Legion Move
Spreads to the West
Toronto, Nov. 30. — The Legion of
Decency movement, recently begun in
Ontario, has spread to the Canadian
west.
At Edmonton, Alberta, Archbishop
O'Leary has requested members of the
(Continued on page 4)
MOTION PICTURE
DAILY
Saturday, December I, 1934
MOTION PICTURE
DAILY
(Registered U. S. Patent Office)
Vol. 36
December 1, 1934
No. 129
Martin Quigley
Editor-in-Chief and Publisher
MAURICE KANN
Editor
JAMES A. CRON
Advertising Manager
Published daily except Sunday and holi-
days by Motion Picture Daily, Inc., sub-
sidiary of Quigley Publications, Inc.,
Martin Quigley, President; Colvin Brown,
Vice-President and Treasurer.
Publication Office: 1790 Broadway, New
York. Telephone Circle 7-3100. Cable ad-
dress "Quigpubco, New York." All con-
tents copyrighted 1934 by Motion Picture
Daily, Inc. Address all correspondence to
the New York Office. Other Quigley pub-
lications: MOTION PICTURE HERALD
BETTER THEATRES, THE MOTION
PICTURE ALMANAC and THE CHI-
CAGOAN.
Hollywood Bureau: Postal Union Life
Building, Vine and Yucca Streets, Victor
M. Shapiro, Manager; Chicago Bureau: 407
South Dearborn Street, Edwin S. Clif-
ford, Manager; London Bureau: Remo
House, 310 Regent St., London, W. 1,
Bruce Allan, Representative. Cable address:
"Quigpubco, London"; Berlin Bureau:
Berlin • Tempelhof, Kaiserin - Augustastrasse
28, Joachim K. Rutenberg, Representative;
Paris Bureau: 19, Rue de la Cour-des-
\oues, Pierre Autre, Representative; Rome
Jureau: Viale Gorizia, Vittorio Malpassuti,
Representative; Sydney Bureau: 102 Sus-
sex Street, Cliff Holt, Representative; Mex-
ico City Bureau: Apartado 269, James
Lockhart, Representative; Glasgow Bureau:
86 Dundrennan Road, G. Holmes, Repre-
sentative; Budapest Bureau: 3, Kaplar-u,
Budapest, II, Endre Hevesi, Representa-
tive; Moscow Bureau: Civtzev Vrazhek,
N. 25, Apart. 146, Moscow, U. S. S. R.,
Bella Kashin, Representative. Cable ad-
dress: "Samrod, Moscow."
Entered as second class matter, January
4, 1926, at the Post Office at New York
City, N. Y., under Act of March 3, 1879.
Subscription rates per year: $6 in the
Americas, except Canada $15 and foreign
$12. Single copies: 10 cents.
A. A. Lowe Enroute Here
A. A. Lowe, treasurer of U. A. in
India, is en route here aboard the
Britannic and is due Dec- 9.
San Francisco, Nov. 30. — Arthur
W. Kelly, vice-president in charge of
foreign distribution for U. A, who is
scheduled to arrive here Dec. 4, will
leave immediately for Los Angeles
and New York, arriving in the east
Dec. 10.
Add to Gaumont Staff
New appointments to the Gaumont
British staff include : Jack Erickson,
salesman, San Francisco; Tony Hart-
ford, salesman, Seattle ; Gene Spear,
booker-salesman, Seattle ; David Mc-
Elhinney, salesman, Salt Lake City ;
E. E. Andreason, salesman, Denver.
Boston, Nov. 30.— Milton J. Hill
has been appointed salesman for Gau-
mont British here. He was formerly
with M-G-M and United Artists.
Weeks Back Monday
George W. Weeks, Gaumont Brit-
ish general sales manager, returns to
New York Monday having completed
a coast-to-coast tour to build up a
national sales organization.
"Civilized" to Hoffberg
J. H. Hoffberg Co., Inc., has ac-
quired from Raspin Prod, the foreign
distribution rights to "Are We Civi-
lized ?"
SoundEquipmentMen
To Ponder Tax Today
A meeting of the independent sound
equipment manufacturers and distrib-
utors will be held today at the offices
of S. O. S. Corp. to consider filing
a formal protest with the Commis-
sioner of Internal Revenue against
the five per cent excise tax on sound
amplification and reproducing equip-
ment.
The session will be held jointly with
the Entertainment Apparatus Manu-
facturers Ass'n.
Liberty Set in England
Wardour Films, Ltd., subsidiary of
British International Pictures, will
distribute Liberty pictures in the
United Kingdom under the terms of
a deal just signed by Arthur Dent,
managing director of Wardour, and
Budd Rogers, general sales manager of
Liberty.
Liberty has also just closed deals
for its complete list with F. & M.
and the E. M. Loew circuit in New
England.
Reich for Finer Films
Berlin, Nov. 30. — In banning two
German films yesterday on the ground
they were "cheap stuff," Dr. Paul
Joseph Goebbels, Minister of Propa-
ganda and Public Enlightenment of
Germany, told the home industry it
would have to turn out better grade
pictures as the Reich was disgusted
with the present product. The pro-
hibited films were "Love Conquers"
and "A Child, a Dog and a Tramp."
Cantor Europe-Bound
Eddie Cantor sails today on the
Rex for Europe. His wife, Ida, and
his three eldest daughters, Marjorie,
Natalie and Edna accompanying him.
Cantor expects to return some time
in February and will report to Holly-
wood in April to begin work on his
next Goldwyn picture.
"Copper field" for Capitol
Although originally slated for the
Astor at two-a-day, "David Copper-
field" has been booked into the Capi-
tol for Christmas Week.
Pons-Radio Deal Set
Lily Pons yesterday completed ne-
gotiations with Radio to appear in
one picture.
"U's" Dinner-Dance
To Be Held Tonight
Universal Club will hold its an-
nual dinner-dance at the Astor to-
night with an attendance of 550 an-
ticipated. The main ballroom will be
converted into a ship's interior and the
general idea behind the function will
be tied up with an imaginary trip to
Bermuda. Jack Berger and his As-
torians will furnish the music and
much of the talent will be by Mentone
Prod, which is making a series of
shorts for Universal release.
Laemmle Sailing Off
Carl Laemmle, Jr., will not sail for
Europe today as scheduled, since he
suffered a relapse in an attack of
grippe that has laid him low for the
past week.
He now plans to get away on the
Conte di Savoia in two weeks.
Comedians Portland Hit
Portland, Nov. 30. — A combination
of Wheeler and Woolsey on the stage
and their picture, "Kentucky Kernels,"
on the screen knocked a few records
for the well known loop at Hamrick's
Orpheum. The Thanksgiving Day
gross was $2,000.
Start "Custer's Stand"
Hollywood, Nov. 30. — Stage and
Screen Prod., Inc., has started work
on a 25-reel serial, "Custer's Last
Stand." Rex Bell, Buzz Barton and
William Farnum are in the cast.
Korda Signs Laughton
London, Nov. 30. — Alexander
Korda, production head of London
Films, has signed Charles Laughton for
the lead in "Sir Tristam Goes West."
U. A. will handle the release in
America.
Selander Succeeds Brod
Hollywood, Nov. 30. — Lester Selan-
der has been named chairman of the
assistant directors' section of the
Academy executive committee. He
succeeds Sidney S. Brod, resigned,
who is no longer an assistant director.
Goetz Off for London
Harry H. Goetz, head of Reliance
Pictures, sailed last night on the
Olympic for London in search of
stories and talent for next season's
lineup. He expects to return Dec. 18.
New Loew Highs Set On Big Board
Net
High Low Close Change
Columbia Pictures, vtc 39 3854 39 + 5£
Consolidated Film Industries, pfd 18 17% 1754
Eastman Kodak 11354 112 11254 — 154
Eastman Kodak, pfd 140 140 140 —2
Fox Film "A" 1454 1354 1454 +1
Loew's, Inc 3654 35 3654 +1J4
Loew's, Inc.. pfd 105 10454 105 +1
Paramount Publix 354 356 354 + Vg
rko 1% m m +a
Universal Pictures, pfd 3" 37 37 +2
Warner Bros 454 4% 444 +54
Technicolor Lone Curb Issue
Net
•High Low Close Change
Technicolor 1454 W/g 1454
All Bond Issues Show Gains
Net
High Low Close Change
General Theatre Equipment 6s '40 9 854 9 + *A
General Theatre Equipment 6s '40, ctf 854 854 854+54
Loew's 6s '41, ww deb rights 10454 104 10454 + 54
Paramount Broadway 554s '51 42 42 42
Paramount F. L. 6s '47 59 58 59 + 54
Paramount Publix 554s '50 5854 5854 5854 + 54
Warner Bros. 6s '39. wd 59 5834 58^4 + 54
Sales
600
1,700
900
1.400
2.400
16,600
300
3.100
1.300
3,000
1,000
Sales
1,300
Sales
4
15
12
5
16
10
7
i Purely
Personal ►
JAMES BARTON has finished his
work in "Tobacco Road" and leaves
tomorrow for Hollywood to start
work for Radio in "The Taming of
Zenas Henry."
Ian Hunter, recently signed by
First National, is scheduled to arrive
here from London in about two weeks.
He will work in "A Midsummer
Night's Dream."
Fred Waring and his orchestra
open at the Paramount Christmas
week, inaugurating the new stage
policy at the Broadway house.
Mary Pickford is on her way back
to Hollywood. She plans to organize
a coast production of "The Farmer
Takes a Wife."
George Jessel and Shirley Ross,
the latter an M-G-M player, will ap-
pear at the Capitol starting next Fri-
day.
George Batcheller is in from the
coast and will remain until January.
Maury Cohen didn't accompany
him on this trip.
Harry Buxbaum, who has been
spending the last few days in Boston,
returns Monday. He is visiting his
brother.
Charles L. O'Reilly goes to Phila-
delphia today to attend the Army-
Navy game.
Hugh Walpole gets in from Hol-
lywood next week and after spending
two days here will sail for England.
Rosario Bourdon, NBC orchestra
director, has been signed to do a series
of Brunswick records.
Al Schwalberg of Warners is
back from his coast trek.
Max Cohen opened the Stadium,
latest in his circuit, Thursday night.
Al Selig returned from Buffalo yes-
terday.
George Schaefer is in the south
for a brief rest.
Ed Kuykendall is due in town
Monday from Columbus, Miss.
Tony Muto is due back from
Washington the first of next week.
Vince Hart is on the sick list.
Is Guest of Roosevelt
Scranton, Nov. 30. — M. E. Comer-
ford was a week-end guest of Presi-
dent Roosevelt at Warm Springs, Ga.
Leaving Bloomsburg, Pa., Friday by
plane, Comerford picked up Frank C.
Walker at Washington and the two
continued by air to Georgia. Comer-
ford and Walker were the President's
guests at dinner Saturday night and
also spent Sunday at Roosevelt's
Warm Springs home.
Form Two Theatre Firms
Albany, Nov. 30. — Branwin Amuse-
ment Corp., New York City, has been
chartered to exhibit pictures and
vaudeville. Alexander Stone, Eliza-
beth Hirsh and Edward M. Bran-
driss are the incorporators.
Vandyke Amusement Corp., New
York City, has been chartered for the
same purpose. Rose Bernholz, Ger-
trude Mendelson, and Ethel Kutcher,
are directors.
Saturday, December I, 1934
MOTION PICTVRE
DAILY
Circuits Move
To Fight Free
Socony Shows
(Continued from page 1)
Shubert, a 2,000-seat legitimate thea-
tre, and will be broadcast from WICC.
From New Haven the troupe goes
to Concord, N. H. Details of the
itinerary are being closely guarded
by representatives of Standard Oil in
charge of the exploitation project and
by the representatives of the partici-
pating performers.
Music Corp. of America, the Guy
Lombardo representative, declined to
reveal the itinerary, stating that no
publicity for it was desired except lo-
cally, and then only a few days in
advance of engagements. It is under-
stood, however, that the troupe will
play about 40 cities throughout the
country.
Just what line of opposition to the
Standard Oil's free shows is open to
theatres was not determined by the
circuit representatives at their meet-
ing in the Hays office yesterday.
W arners have already registered a
protest with Compliance Director
Sol A. Rosenblatt on the grounds of
unfair competition. Other theatre
companies are expected to add their
complaints to that of Warners. Other
methods of protest and retaliation sug-
gested yesterday will be held in abey-
ance, it is understood, until attempts
have been made by industry leaders
to arrive at an understanding with
high Standard Oil officials. This pro-
cedure may involve a request that
admissions comparable to those of a
first run theatre be charged for the
performances.
Theatre representatives will prob-
ably meet again next week on the
same subject.
B 'way Up and Going; Takes
Better, Big Week-End Seen
British Lion Signs
Perry, Tennis Star
(Continued from page 1)
his playing partner. William T. Til-
den, 2nd, will do the commentary in
all the reels.
Perry's amateur standing will not
be jeopardized, since the series has the
approval of the Lawn Tennis Ass'n.
It is understood here that Fred
Perry will turn professional and join
the Tilden Tennis Tours, Inc., some
time in March. The troupe includes
Elsworth Vines, George Lott and Les-
ter Stoeffen. Whether or not War-
ners' offer to Perry, made last sum-
mer, to make a series similar to
British Lion still holds is problemati-
cal.
London Flash Review
By BRUCE ALLAN
London, Nov. 30.— "The
Iron Duke," Gaumont British
production, which opened at
the Tivoli tonight, is un-
doubted box-office and an
outstanding spectacle. ft
presents Wellington (George
Arliss) as a man and states-
man rather than as a soldier,
reaching its highest pitch in
the scene picturing his speech
in the House of Lords for
tolerance toward the beaten
enemy. This is magnificently
acted and produced.
The Waterloo scenes are
brilliant, with the charge of
Scots Greys and Highland-
ers the highlight. Other big
scenes are the ball at Brus-
sels on the eve of the battle
and peace conference at the
Paris Opera.
The story shows Welling-
ton in a battle of wits with
"Madame," niece of Louis
XVIII, who secures Ney's
execution in the Duke's ab-
sence, but is sent into exile
on his return. The after-
war parallel with Europe to-
day is emphasized in the dia-
logue.
Running time, 90 min-
utes. "G."
(Continued from page 1)
opened big with "Gay Divorcee" yes-
terday. The Strand hit $10,319 with
"Gentlemen Are Born" and the Rialto
with "Menace" fared badly with
$9,000. "The Captain Hates the Sea"
opened big at the Rialto on Thanks-
giving Eve and hit the second highest
opening day gross since Arthur Mayer
took the house. "Lost Patrol" still
holds the first-day record. "College
Rhythm" at the Paramount ended the
first week at $27,000.
Broadway operators are excited
over the week-end school holiday,
following Thanksgiving. The school
lay-off is expected to perk, up intakes
today and tomorrow.
"Flirtation Walk" at the Strand is
holding to capacity audiences since its
opening Thanksgiving Eve. Accord
ing to Warners the picture hit a new
record for Thanksgiving Day business.
New Schine Dividend
Gloversville, N. Y., Nov. 30. —
Schine Theatres, Inc., has declared a
dividend of 75 cents a share on ac-
count of accumulations on the no par
$3 preferred stock, payable Dec. 1 to
stockholders of record Nov. 20.
After this payment overdue divi-
dends will be $5.25 a share.
Jack Stebbins Better
Hollywood, Nov. 30. — Jack Steb-
bins, who was recently removed from
The Chief at Albuquerque because of
a sudden illness, is making steady
progress toward recovery.
Move for Abolition
Of Double Features
(Continued from page 1)
inappropriate" pictures on the same
bill with recommended features, ham-
pering efforts to improve the public
taste.
With the elimination of double fea-
tures, the committee recommended
that programs be unified so that each
will consist of a single feature and
appropriate short subjects, that unde-
sirable advertising trailers be elimi-
nated, that more informational and less
sensational trailers be substituted, and
the neighborhood theatre week-end
programs be planned to meet the
needs of the family groups.
Warners Cut
'34 Loss to
2,530,513
Santell Goes West
Al Santell left New York for Holly-
wood by rail yesterday, but will be
back early in the new year en route
to London again where he has pend-
ing a lawsuit against Toeplitz Prod.
The action developed out of direction
of "The Dictator" for which Santell
was employed. Claiming unreasonable
demands were made out of line with
his contract, Santell did not finish the
picture but resorted to law.
Selling Tickets on
Commission Stopped
(Continued from page 1)
the Piqua, at Piqua, O. George V,
Lynch, of the Schine home office, at
Gloversville, N. Y., attended this
hearing.
A dismissal verdict also was ren
dered in the overbuying complaint of
S. S. Steenwood, Majestic, Nelson-
ville, O., against M. S. Porter, Or
pheum, same city.
In the case of Steenwood vs. Porter,
based on reduced admissions, respon
dent was ordered to adhere to prices in
contact, which specifies 10, 15 and 20
cents. Evidence showed respondent
had been double featuring at a five-
cent admission during the summer,
but had recently advanced the admis-
sion to 10 cents. This, however, was
below the minimum set forth in con-
tract.
Set Up New Clearance
New Orleans, Nov. 30. — Jeaner-
ette, Franklin and New Iberia have
been zoned together by the clearance
and zoning board as a result of a
complaint of Laurence Lampo of
Jeanerette. Lampo complained that
Affiliated Theatres, which book for the
houses in Franklin and New Iberia,
were demanding 30 days' clearance
over his house, which had not been
granted in the past and that Fox,
which has sold him "Judge Priest"
and "Peck's Bad Boy," took the films
away to give them to Affiliated.
Under the new arrangement first
runs get 15 days' clearance and second
runs get priority over third. This
cuts down the Affiliated demand for
clearance, but also puts Lampo on a
third run basis for the bulk of major
product.
(Continued from page 1)
directors for investments in and ad-
vances to affiliated companies.
The report disclosed that the com-
pany has $4,664,137.62 in cash on
hand and that a further amount not
to exceed $200,000 is expected from
Erpi. The exact total will not be
known before April 26, 1937.
The company has speeded up its
amortization of films by cutting the
total amortization from 52 weeks to
30. Under the new schedule a film
is devalued 74 per cent at the end
of 13 weeks; 96 per cent at the end
of 26 weeks and 100 per cent at the
end of 30 weeks.
The consolidated balance shows
mortgages and funded debt totalling
$86,487,734.19. Last year it was
$90,627,930.73, and on Aug. 23, 1931,
it was $104,898,926.97. This is a re-
duction of $18,411,192.78 in the
funded debt in three years.
Total current and working assets
are listed as $168,342,026.33.
Buy Terre Haute Site
Terre Haute, Nov. 30.— The
Scherer Theatre Co., with houses at
Linton and Clinton, has purchased
from J. T. Rousch and the Rousch
family a site on Wabash Ave. The
company refuses to disclose its plans.
Dismiss Cleveland Case
Cleveland, Nov. 30. — The Stein-
berg vs. Shea overbuying case was
dismissed upon evidence today by
unanimous vote of the grievance
board. The plaintiff had charged in-
ability to obtain product of this or
any other year for any designated
run. The board ruled no proof had
been produced that the respondent
was guilty of the charges.
"Flirtation" Start
Makes Warners Grin
Warner executives went into a
smile cycle yesterday when tele-
graphed reports on opening day en-
gagements of "Flirtation Walk" con-
vinced them the new Powell-Keeler
musical is in the big money division.
New house records were advanced
for the picture by the company and
the following highlights reported by
the home office on Thanksgiving Day
engagements in scattered spots :
Albany — Opening day's take was $2,647,
topping "World Changes," "Footlight Pa-
rade" and "Wonder Bar."
Akron, O.— Strand played first day
Thanksgiving to smash business, ahead of
"World Changes," "Footlight Parade" and
"Wonder Bar."
Bridgeport, Conn. — Cameo reports busi-
ness way ahead of "Footlight Parade" and
"Wonder Bar."
Charleroi, Pa.— Coyle broke 42-year
house record for opening day (Thursday).
Cleveland — Thanksgiving Day was first
full day at Hippodrome and grossed $4,-
098, which is big and way above "Foot-
light Parade" and "Wonder Bar."
New Haven — Roger Sherman topped
gross of previous Thanksgiving Day by
50 per cent for a smash take.
Philadelphia — Stanley had biggest
Thanksgiving Day in its history. Grossed
$6,995 opening days (Thanksgiving) topping
first day of "Footlight Parade" and "Won-
der Bar."
Plainfield, N. J— Walter Reade sent
following wire to A. W. Smith, _ Jr. — "I
cannot resist opportunity to send wire call-
ing attention to gross at the Strand.
Never grossed as much money in one day
since Spanish War."
Youngstown, O. — Warner here did best
Thanksgiving Day's business in years.
Worcester, Mass. — Opened at Warner
topping receipts recorded on Thanksgiving
Day of last year by $97.
Stage Show Return
Set for St. Louis
St. Louis, Nov. 30.— F. & M. will
start stage shows at the Ambassador
on Dec. 7, according to Charles Kurtz-
man. A 20-piece orchestra will be
assembled under the direction of D'Ar-
teaga.
Negotiations with the union have
been on and off for a period of six
weeks. The St. Louis may be re-
opened, it is said, for roadshows and
traveling musicals.
Group of Four
ToRunRKO's
British Sales
MOTION PICTURE
DAILY
Looking 'Em Over
{Continued from page 1)
in the Royal Flying Corps during
the war and port representative in
London for the U. S. Shipping Board
for two years. Leishman was with
Universal for approximately 12 years,
his various posts there including that
of assistant to the treasurer, chief
auditor of exchanges, assistant to the
general sales manager, the manager
of American exchange operations and
home office representative in Europe.
Latterly, he has been representing
Radio in the Far East and as general
European representative for that com-
pany.
Ralph Hanbury has been sales mana-
ger for Radio in England for several
years. He will be in active charge
under the new setup, but Leishman
will be the final word on British activi-
ties.
Frank Tilley, was one-time editor
of Kinemato graph Weekly of London.
Since holding that post, he has been
identified with production, but more
particularly with publicity and adver-
tising, Currently, he is publicity di-
rector for British Radio.
Dawson is secretary of the English
distributing company.
"The Secret Bride"
{Warners)
wiS nirelv iV* With,a P°Htical ba<*ground. It moves rapidly,
vvith a nicely balanced cast and some fine photography.
ft t,, F?lfd el°Pes with the attorney general of the
tnl t^lTtl^ ham)-Jhey rCtUrn after a J'ustice of th^ Peace wed-
thaf a man wfc^ b er>?0r ^ ™Peachment because it has b4en learned
mat a man whom he has pardoned has committed suicide after his secre-
tary has deposited $10,000 to the governor's private account
thif^L ^ 15 convinced her father has been framed. Acting on
this theory she gets her husband to retain an incriminating letter found
m the dead man's files. The plot complications develop rap id Tas
nT tnV /0"fi^,al investigator (Douglas Dumbrille) is murdered
FarrelD ' ^ he ^ WiIHam'S Secretary <G^a
• At thltria! ?f ^i.ss Farrell> who is accused of murder, the secret mar-
riage is bared by Miss Stanwyck, who comes to the girl's defense A?the
governor is about to be impeached Grant Mitchell, icretary "o the dead
man, who had been pardoned, confesses he is the killer of DumbriUe Sd
is in on a plot to ruin the governor
K J,hC ltuations are developed for all the suspense there is in them
Better than average entertainment. Production Code Seal No 384'
Running time, 65 minutes. "G."
Denies Predicting
Television on Jan, 1
"I have made no such statement to
radio dealers at the Pennsylvania nor
to anyone else," declared David Sar-
noff yesterday in denying the report
published in Motion Picture Daily
on Tuesday that home television sets
will be ready for installation begin-
ning Jan. 1.
Sarnoff stands by his comment on
television made in his annual report
to RCA stockholders on Feb. 24 of
this year when he declared:
"It has been the policy of the man-
agement to refrain from definite pre-
diction as to the time when television
might be brought from the research
laboratory and offered on a commer-
cial _ basis _ to the American public.
While it is impossible to anticipate
the exact time when this development
can be introduced on an industrial
basis, it may nevertheless be said that
the progress made by the corporation's
laboratories and engineers, especially
during the year under review (1933),
has brought us much nearer the goal,'
when transmission of sight will sup
plement transmission of sound."
"Life in the Congo
(Kinematrade)
Another of the African adventure films. This one furnishes little that
™, F°r most part it is the record of a safari into the gorilla
country of the K1VU Mountains of Darkest Africa. The climax of the
picture, which was made by the Ben Burbridge expedition Ta^nS
hunt in which several young specimens are captured aliv and ano her
of huge proportions is slain. dnumer
This portion of the film contains the only really exciting scenes to be
found in the entire footage. S De
What precedes is simply a collection of routine shots of wild beasts
native life and customs and the long, arduous trek through the iunSe
with a couple of animal combats thrown in for good measure The
gorilla scenes come too near the close of the picture to retrieve' "Life
in the Congo from mediocrity.
The picture further suffers from poor photography and recording that
is equally bad. The production has been provided' with a
mentary that might have been better. s
No code seal. Running time, 60 minutes. "G."
Saturday, December I, 1934
"Happiness"
At $33,000,
Boston High
Boston, Nov. 30. — "Pursuit of
Happiness" at the Metropolitan was
high for the week, taking in $33,000, or
$5,000 above average, while Keith's
went to $9,500, or $3,500 above its
usual take, with "Great Expectations."
Loew's State was $3,000 above par
$16,000, with "We Live Again." '
Total first run business was $108 500
Average is $94,000.
Estimated takings for the week end-
ing Nov. 22 :
"GAMBLING" (Fox)
BOSTOX-(2,900), 25c-S0c, 7 days. Vaude.
Gross: $18,000. (Average, $16,000)
"365 NIGHTS IN HOLLVWOOD" (Fox)
FIREBIRD" (Warners) ;
&m^VfkY~Q'm)J^3Sc' 7 tey*. Gross:
$10,000. (Average, $9,000 )
"GREAJ EXPECTATIONS" (Unhr.)
$19,300. (Average, $16,000.)
"WE . LIVE AGAIN" (U A.)
rL°E^'nS^TATE-(3-70°)- 35c-»c. 7 day,.
Gross: $19,000. (Average, $16,000 )
"PURSUIT OF HAPPINESS" (Para.)
METROPOLITAN - (4,350), 30c-65c, J
£7™ A?atoIe's Affairs of 1935." Gross:
$33,000. (Average, $28,000.)
'365 NIGHTS IN HOLLYWOOD" (Fox)
"THE FIREBIRD" (Warners)
rARAMOUNT-(l,800), aOoSfcTV days.
Gross: $9,000. (Average, $9,000.)
Delays Pickford Ruling
Decision was reserved yesterday by
Frederal Judge Robert P. Patterson
on the motion of Arthur F. Driscoll
Mary Pickford's attorney, for a writ
to restrain Edward Hemmer from
offering purportedly scandalous evi-
dence to back his $250,000 suit for
services (( he claims he rendered the
actress "as her manager and advisor
from 1913 to 1920."
Goodrow to 1st Division
New Orleans, Nov. 30.— F. F.
Goodrow, who for sometime past has
been operating Goodrow Attractions,
has been appointed exchange manager
for First Division in this territory. |
Canada Legion Move
Spreads to the West
(Continued from page 1)
diocese to sign pledges and to act ac-
cordingly. Churchmen of other de-
nominations have also become agitated
and have drawn up a slightly different
form of pledge.
In the Maritime Provinces, how-
ever, the statement has been issued
from a church source that the Legion
of Decency will not be organized there
"because there is no need for it."
Premier M. F. Hepburn of On-
tario showed distinct signs of wrath
when lists of films were published for
the guidance of the faithful, one group
being tagged "not appropriate."
"If the Legion of Decency wants to
advertise a picture, let them advise
people not to see it," the Provincial
premier exclaimed hotly. "That's the
best way to get people to go and see
it."
Hepburn declared he had had no
communication from the legion re-
garding his plans. "All I know about
it is what I have read in the papers."
Regarding censorship in Ontario, he
asserted that the new board had given
complete satisfaction. "So far, we
have had no call whatever to interfere
with the judgment of the board itself "
he added.
Chicago Publicity
Men Join an Ass'n.
Chicago, Nov. 30.— Publicity rep-
resentatives from various branches of
the amusement field have virtually
completed formation of a new organ-
ization, the Chicago Amusement Pub-
licists Ass'n, or CAPA as it hopes
to become known.
The need for such an organization
resulted from the recent Film Relief
Dinner Dance when the film folks re-
ceived exceptional cooperation from
newspapers and other agencies.
Among the purposes set forth in a
proposed charter are the following-
To establish a higher standard of
conception and subsequent publication
of publicity material; to exchange
ideas for the betterment of the amuse-
ment field; to foster publicizing of
legitimate and meritorious events- to
foster closer contact between allied
amusement publicists; to cooperate in
every way to publicize the City of
Chicago as the leading amusement
center.
Members so far include Duke
Hickey, Universal; Herb Elisburg
A,,S-arieSS^,Theatres; Lou Abramson!
Allied Theatres of Illinois; Larry
Stein, Warner Theatres ; Fritz Blocki
Jones, Linick & Schaefer; Fred Bar-
tow, M-G-M; Ted Weber, Daily
Admitted to Federal
Bar in Philadelphia
Philadelphia, Nov. 30.— An inter-
esting sidelight at the Harry Perel-
man double features case before
Judge George A. Welsh in Federal
court, was the admittance of Mrs.
Jeanette Cohen to practice law in the
Federal court here.
The ceremony was a complete sur-
prise to Mrs. Cohen, who practices
law under her maiden name of Jean-
ette Willensky. As private counsel for
the ( Independent M. P. Exhibitors
Assn, which is vitally interested in
the Perelman case, she was sitting in
the courtroom as spectator when
Benjamin M. Golder, attorney for the
plaintiffs in the case, suddenly moved
that the Court permit her to be en-
rolled as an attorney in the Federal
courts. Judge Welsh acquiesced and
administered the oath. She was for-
merly Golder's secretarv when he was
a member of Congress.
Mrs. Cohen, or Miss Willensky, as
she is known in legal circles, is the
wife of Dr. David J. Cohen, of Over-
brook, and is the mother of a three
and a half year old daughter.
Pathe Gets Refund
Washington, Nov. 30.— A refund
to Pathe Exchange, Inc., of New
York, of $89,945 on its 1924 tax re-
turn has been ordered by the Internal
Revenue Bureau.
Tunes; Sam Clark, Warners ; Al Sob-
ler, Medinah Michigan Ave. Club;
Oscar Schenk, Chicago American; Al
Fuller, Palmer House ; Dan Goldberg
Variety; Nat Green, Billboard; John
Joseph, RKO ; Joe McKeown, Schoen-
stadt Theatres; Cal Hermer, Box
Office; William K. Hollander, B. &
K.; Harry Holmquist, Motion Pic-
ture Daily, and others.
Headquarters have been established
at the Congress Hotel.
_
1
The Leading
rap
Picture
Industry
MOTION PICTURE
DAILY
Alert,
Intelligent
the In
in All
Branches
VOL. 36. NO. 130
NEW YORK, MONDAY, DECEMBER 3, 1934
TEN CENTS
Work on Plan
For Para. Is
In Final Rush
Expect to Have It Ready
For Court Today
Final work on the Paramount Pub-
bx reorganization plan was rushed
:hrough the week-end with attorneys
working all day Saturday and Sun-
bdy in an effort to have the plan ready
for filing with the Federal court some
:ime today.
Week-end indications were that the
work would be completed and copies
li the plan off the presses by late to-
|day. A slight hitch in the routine,
however, could delay filing of the plan
until tomorrow, it was stated. The
week-end work on the plan was largely
that of copy reading and the correct-
ling of proofs, the actual content of
ithe plan having been set late last week.
Regardless of the actual filing of the
plan, the Paramount Publix trustees,
(Continued on page 4)
Para, Bonus Suit
Move Coming Soon
A Federal court procedure by the
Paramount Publix trustees to recover
more than $3,000,000 paid in cash bo-
nuses in 1929 to Adolph Zukor, Jesse
Lasky, Sidney Kent, Sam Katz, Ralph
Kohn and B. P. Schulberg will be
inaugurated this week.
The bonus agreements on which
the action will be based provided for
payment to Zukor and Lasky of a
seven per cent dividend after payment
to common stockholders of a $4 divi-
dend; five per cent to Kent and Katz
(Continued on page 4)
Sunday Opening Up
Again in Hartford
Hartford, Dec. 2. — Another public
hearing on whether theatres shall be
allowed to open at 2 P.M. Sundays
will be held this week by the Board
of Aldermen. The aldermen expect
to act on the proposal on Dec. 10.
A proposal for Sunday opening was
tabled at the meeting held Nov. 12.
ITO A- Allied Tieup
Prospect Held Dim
There is very little hope that the
I.T.O.A. will affiliate with Allied.
According to Allied leaders, the
I.T.O.A. must come within certain
specifications before it will be con-
sidered for membership in the national
(Continued on page 7)
Louisiana Two -Year Debt
Law Has Many Limitations
New Orleans, Dec. 2. — Huey
Long's two-year debt moratorium law
doesn't mean that anybody can refuse
to pay bills for two years, it develops,
and film executives are breathing
easier.
In fact, the law doesn't even apply
to debts contracted since the passage
of the act. Anybody who wants to
take advantage of the act for old
debts has to prove he can't pay.
Administration of the law will be
in the hands of State Bank Examiner
Jasper S. Brock. He is a big business
man and has held his post under five
governors. Both debtors and credi-
tors must appear before him.
Industrialist
Washington, Dec. 2. — Under
Sol A. Rosenblatt's new post
as compliance director of the
NRA, he has approximately
1,600 people on his staff with
a monthly payroll of $340,000.
Since this became known the fre-
quently heard remark : "Well, I won't
be paying you anything for the next
two years" has sounded less ominous.
The act is now in effect, but the
(Continued on page 4)
Confab Nears
To Designate
Union Scales
Compliance Director Sol A. Rosen-
blatt is expected to call a meeting in
New- York Friday of union, indepen-
dent and circuit theatre heads for con-
ference to set up a basic wage scale
fpr this territory.
Now on the coast straightening out
studio problems, Rosenblatt is due to
return to Washington on Wednesday.
On Thursday he is expected in New
York to attend the regular Campi
session. After the Code Authority
meeting, Rosenblatt is expected to
stay over a day for the union confabs.
About two weeks ago, the fact-find-
ing committee, appointed by Rosen-
blatt some time ago to make a survey
of local conditions, reported to
Washington its findings. It is now up
to the compliance head to set up the
basic scale.
From some reports, it is held that
small houses will have to pay about
(Continued on page 7)
Rosenblatt Fights to
End Coast Deadlock
Hollywood, Dec. 2. — Compliance
Director Sol A. Rosenblatt is continu-
ing his conferences with key men on
both sides in the tussle between pro-
ducers and actors and writers over a
code of fair practice, with nothing
thus far taking sufficient form to war-
rant a statement.
General opinion here is that unless
writers and actors modify their
demands the deadlock will continue.
Signal Corps
Worries Over
War Negative
Washington, Dec. 2. — Loss of in-
valuable negatives made during the
World War unless action is taken to
duplicate them is seen in the rapidly
aging stock now in possession of the
U. S. Signal Corps. '
Nearly 1,500,000 feet of negative and
postive, not all of which has yet been
classified, is in the fireproof, tempera-
ture-controlled vaults of the corps' lab-
oratory. Some of the material has
been shown to the public as part of
the features made by many producers,
but some of it has never seen the light
since it was developed.
Need for an appropriation of about
$35,000 for protection of these films
has been laid before the Budget Bu-
reau in the hope that funds would
be provided in the next War De-
partment appropriation bill. Several
attempts have been made in the past
to secure money, but the picture situ-
(Continued on page 7)
Nickel Scales Win
Ruling in Buffalo
Buffalo, Dec. 2. — A move to wipe
out five-cent admissions here has been
temporarily lost by a decision of the
grievance board dismissing the com-
plaint of Nicholas J. Basil, head of
Basil Bros., against the Senate, Allen-
dale, Jubilee, Circle, Marlowe, Unity,
Orpheum, Plaza and Ellen Terry the-
atres. The board ruled the complaint
was improperly set up and presented.
(Continued on page 7)
New National
Theatre Group
Being Talked
Progress Depends U pon
Exhibitor Attitude
Plans for a new national exhibitor
organization are being formulated by
a number of independents here. Crys-
tallization depends on cooperation
from theatre men throughout the
country.
According to exhibitors working on
the latest idea to establish a new coun-
trywide independent organization, the
country will be divided into Congres-
sional districts with an exhibitor
leader in each state for every con-
gressman. Support for the "little man"
will be sought.
Leaders in each state will contact
their congressman and also form or-
ganizations to operate within their
own states. Both Allied, M. P. T. O.
A. and independent units will be ap-
proached.
Both the I. T. O. A. and Allied in
New York have been broached on the
plan. Nothing definite has yet been
(Continued on page 4)
Metzger Quits BIP;
In Theatres, Liquor
Los Angeles, Dec. 2. — Lou B.
Metzger has severed his connections
with John Maxwell as American rep-
resentative for British International.
The arrangement is entirely amicable,
Metzger having determined the step
because of acquisition of another the-
atre property to run in conjunction
with the Spreckles, San Diego. He is
now also active in the liquor business
here.
Tax Rule Given on
Sound Installation
Washington, Dec. 2. — Expendi-
tures for the transportation or instal-
lation of sound equipment in theatres
may be capitalized as part of the cost
of the equipment itself, it is held by
the U. S. Board of Tax Appeals in a
decision upholding the action of the
Century Circuit, Inc., of Delaware.
It is also ruled that such equipment
may be amortized over a period of five
(Continued on page 4)
Equipment Firms to
Test U. S. Sales Levy
A test suit to determine the right
of the Department of Internal Reve-
nue to collect a five per cent sales
tax on sound reproducing equipment
(Continued on page 4)
MOTION PICTURE
DAILY
Monday, December 3, 1934
MOTION PICTURE
DAILY
(Registered U. S. Patent Office)
Vol. 36
December
1934
No. 130
Martin Quigley
Editor-in-Chief and Publisher
MAURICE KANN
Editor
JAMES A. CRON
Advertising Manager
Published daily except Sunday and holi-
days by Motion Picture Daily, Inc., sub-
sidiary of Quigley Publications, Inc.,
Martin Quigley, President; Colvin Brown.
Vice-President and Treasurer.
Publication Office: 1790 Broadway, New
York. Telephone Circle 7-3100. Cable ad-
dress "Quigpubco, New York." All con-
tents copyrighted 1934 by Motion Picture
Daily, Inc. Address all correspondence to
the New York Office. Other Quigley pub-
lications: MOTION PICTURE HERALD
BETTER THEATRES, THE MOTION
PICTURE ALMANAC and THE CHI-
CAGOAN.
Hollywood Bureau: Postal Union Life
Building, Vine and Yucca Streets, Victor
M Shapiro, Manager; Chicago Bureau: 407
South Dearborn Street, Edwin S. Clif-
ford, Manager; London Bureau: Remo
House, 310 Regent St., London, W. 1,
Bruce Allan, Representative. Cable address:
"Quigpubco, London"; Berlin Bureau:
Berlin - Tempelhof , Kaiserin - Augustastrasse
28, Joachim K. Rutenberg, Representative;
Paris Bureau: 19, Rue de la Cour-des-
\oues, Pierre Autre, Representative; Rome
lureau: Viale Gorizia, Vittorio Malpassuti,
Representative; Sydney Bureau: 102 Sus-
sex Street, Cliff Holt, Representative; Mex-
ico City Bureau: Apartado 269, James
Lockhart, Representative; Glasgow Bureau:
86 Dundrennan Road, G. Holmes, Repre-
sentative; Budapest Bureau: 3, Kaplar-u,
Budapest, II, Endre Hevesi, Representa-
tive; Moscow Bureau: Civtzev Vrazhek,
N. 25, Apart. 146, Moscow, U. S. S. R.,
Bella Kashin, Representative. Cable ad-
dress: "Samrod, Moscow."
Entered as second class matter, January
4, 1926, at the Post Office at New York
City, N. Y., under Act of March 3, 1879.
Subscription rates per year: $6 in the
Americas, except Canada $15 and foreign
$12. Single copies: 10 cents.
Extend RKO Listing
The governing committee of the N.
Y. Stock Exchange has given an ex-
tension of two years from Dec. 1, 1934,
to Dec. 1, 1936, to RKO for listing a
balance of 1,740,000 shares of common
stock. First authority for the listing
was granted under application A-9855.
Meyers an Associate
Hollywood, Dec. 2. — Zion Meyers,
who left Columbia recently to become
assistant to Pandro Berman at Radio,
moves up to associate producer fol-
lowing completion of "Roberta,"
which Berman is supervising.
"Ahoy" Showing Tonight
"Jack Ahoy," the G. B. musical
starring Jack Hulbert, will be shown
tonight for charity at the Ritz-Carl-
ton with tickets selling for $10 each.
The showing's proceeds will go to the
Travelers' Aid Society.
Pert Kelton to Tour
Hollywood, Dec. 2. — Pert Kelton
will take a leave of absence from
RKO on Dec. 15 to make a series of
personal appearances in various key
cities.
Opening for Charity
London, Dec. 2. — The opening per-
formance of "The Iron Duke" at the
Tivoli Friday night grossed £7,285
(approximately $36,425), all of which
went to charity.
Insiders' Outlook
CIGNS of the times: The Wall like Selznick. who get four thou-
^ Street Journal predicting sand times one dollar a week in
better financial statements, mean- salary and yet the company's
ing profits, are well up on the earnings record is what it is.
horizon for 1934; there's a paper This, it, therefore, seems, is as
that usually knows what it is good a time as any to recall what
talking, and writing, about. Nick Schenck said in a hand-
Earlier: Loew's statement, sans ful of words many months back:
comment with the figures provid- "There is nothing in this busi-
ing their own sensation, how- ness which good pictures cannot
ever, and telling even those who cure. . . .
scan quicklv that the year to ▼
Aug. 31, 1934, was better than Pokings into the recesses of
the previous twelve months bv this department's memory recall
almost $2,500,000. Later: Uni- the yarn, some weeks old now,
versal Pictures for the nine of Philadelphia, its houses and
months to July 28 showing a net a denial of Harry M. Warner
of $77,077. Not much black, vou that he was talking a theatre deal
might point out but compare there on a personal basis. The
what's happened with a loss of company had no comment to
$728,747, same period previous make when asked at the time if
fiscal year, for the real slant. Still the palavers tied in with cor-
later : Warners, those musical Porate expansion. Now comes a
boys, cutting their loss for the court hearing on the advisabil-
fiscal year to Aug. 25 by °f se hn£ four houses owned
$3,761,234 and exactlv 78 cents, ^y the William Freihofer and
or from $6,291,748.46' to $2,530,- Fred Nixon-Nirdlinger estates
513.68. A loss, yes, but also t0 Prove that the Warners—
what a gain' corporation, not brothers— were
and are interested in such a pur-
▼ chase. Facts, or many of them,
, have a way of asserting them-
The Loew eye-dazzler. of selves Sooner or later. . . .
course, is the standout. Current ^
profitL off/,79'897 com,Pare John S. Roberts, associate su-
with $4,034,289 last year and are perintendent of schools in New
half of the five-year record of York, has been delving into the
'3"*n the net touched $14,- film probIem with those untold
600,032. This is the company, thousands of children who attend
let it be told once again, which the public sch00ls verv much in
has a producing arm that spends mind As ;s custornary in mat_
and spends com of the realm on ters 0f that sort. Roberts finished
its attractions by virtue of what up with a rt It doeg a nice
apparently is a pipe line from see-saw and divides the blame
the mint in Washington to the equallv with the schools them_
cashiers wicket in Culver City. selves> the producers and that
Metros starring personnel, as nebulous butt of most reports:
everyone knows; is the most ex- societv at , When Roberts
pensive m the industry. It has states> as he does> thj it is
men like Mayer and Thalberg to with him.
and Ruben cutting in on the ,<T, , , „ , , ,
profits: stars like Garbo who get ^IZ^l \ ? Vr°?T
K , 4.-7^ nnr. & , confronting the schools and the
f™lere between $2a0.000 and public generaiiv is the problem
$300,000 a picture; producers. (.Continued on page 8)
Five New Highs Set on Big Board
Net
High Low Close Change Sales
Columbia Pictures, vtc 4054 3954 4054 +114. 2,100
Consolidated Film Industries, pfd 1854 17?i 18J4 4- ^ 3,100
Eastman Kodak 11354 112J4 11354 +lVs 500
Fox Film "A" 14% 1V& 14 — 54 3,700
Loew's. Inc 37 36*6 36^6 + Ys, 11,700
M-G-M pfd 2754 2754 2754 + 54 100
Paramount Publix, cts 354 354 354 -4- J4 1,800
Pathe Exchange 1% iy% iys 300
Pathe Exchange "A" 1454 1454 14J4 + 54 200
RKO 1% 154 154 -14 1,400
Universal Pictures, pfd 40 40 40 +3 20
Warner Bros SVS 4J4 S +54 14,900
Warner Bros., pfd 21?4 17 21$4 +6% 910
Trans Lux Up % on Curb
Net
. , . High Low Close Change Sales
Technicolor K54 1454 1454 200
Trans Lux 2 2 2+54 100
Warner Bonds Gain Point and Half
Net
_ , _, High Low Close Change Sales
General Theatre Equipment 6s '40 954 9 9 9
Loew's 6s '41, ww deb rights 105 104 105 +'54 13
Paramount Broadway 5%s '51 4354 43 43 +1 7
Paramount F. L. 6s '47 6054 59J4 60 +1 11
Paramount Publix 5%s '50 6054 5954 6054 +2 28
Warner Bros. 6s '39, wd 60J4 58$4 6054 +154 86
< Purely
Personal ►
TOE HORNSTEIN will hold a
«J housewarming tomorrow to in-
augurate opening of his own office in
the Film Center Building. The free
meal ticket starts at 12 noon.
Jack Lyons, former secretary of
state, today throws open the doors of
his new chop house in the West
Fifties. The film and stage fraternity
know him well.
Booth Tarkington's "Rennie Ped-
digoe" and Herbert Gorman's "Suzy''
have been purchased by M-G-M.
Gene Fowler and Sidney Skolsky
have arrived in town from the coast
by plane.
Saul Bornstein is due in from
Hollywood on the Smita Paula tomor-
row.
Duals Bad Business,
Declares Brylawski
Washington, Dec. 2. — Double fea-
turing is just "bad business," declared
A. Julian Brylawski, M. P. T. O.
president, speaking before a luncheon
meeting today of the committee on
photoplay appreciation of the National
Council of Teachers of English, now
in convention here.
Brylawski briefly sketched the devel-
opment of double featuring from the
time when film theatres went in for
big stage prologues. When some 1,100
features were made each year, this
practice was not so bad, Brylawski
stated, but with the advent of sound
feature production has fallen off to
such a point that to double feature is
bad business.
Short subjects, Brylawski said, have
in part paid the penalty for double fea-
tures, for with twin bills the necessity
for a supporting program has been
minimized. For example, he said, there
were 1,262 shorts made in 1929, but
only 741 in 1934. And not all of these
were screened, for an astonishing num-
ber of short subjects are purchased
but never used.
Block booking was ardently de-
fended by Brylawski. He termed the
practice the film counterpart of what
in other industries is just wholesale
buying.
Shearer in Supply Post
B. F. Shearer of Seattle has suc-
ceeded Joe Hornstein as vice-president
of the Independent Theatre Supply
Dealers' Ass'n. Hornstein resigned
when he left Warners' subsidiary, Con-
tinental Theatre Accessories.
W. J. Katz has been elected to the
board.
Cullman's Second Year
On Dec. 15, Howard S. Cullman
celebrates his second year as receiver
and trustee for the Roxy. He held the
receiver's post for a year and a half.
About five months ago, the house went
into bankruptcy under Section 77B of
the bankruptcy law, when he was made
trustee.
May Go Third Week
Roxy officials today will decide
whether to hold "Imitation of Life"
for a third week. Indications on
Saturday were that the picture would
go a third stanza, but yesterday's
business was the deciding factor.
THEY ^u^2. FOR THE OF IT
THEY ^ FOR THE OF IT!
THEY jZ~f/L FOR THE j£k OF IT!
The delightful story and the
magic melodies that made
"Music in the Air" the
marvel of Broadway stage
hits. Plus the singing of John
Boles... the glamour of Gloria
Swanson. A show with lift
and swing. ..lilt and spectacle.
Sweet box office music, to you!
GLORIA
SWANSON
and JOHN BOLES
DOUGLASS MONTGOMERY
JUNE LANG
Al Shean • Reginald Owen
Joseph Cawthorn • Hobart Bosworth
An Erich Pommer Production. Directed by Joe May. J
Continuity by Robert Liebmann, Screen play by Howard
I. Young and Billie Wilder. Dances by Jack Donahue.
Music by Jerome Kern.
Lyrics and libretto by
Oscar Hammerstein, 2nd
SONGS to
remember it by:
'I've Told Every Little
Star"..."There'saHill
Beyond a Hill"... "I am
So Eager"..."OneMore
Dance".. "We Belong
Together'
mm
A
MOTION PICTURE
DAILY
Monday, December 3, 1934
Variety Club Chatter
PHOTOPHONE
OFFERS:
• Unfailing Sound Satisfaction
• A Sound Box Office Attraction
• Complete Ownership
• A Self-Liquidating Investment
PHOTOPHONE DIVISION
RCA VICTOR COMPANY, Inc.
Camden, N. J.
A Radio Corporation of America Subsidiary
Cincinnati
Cincinnati, Dec. 2. — Elmer
Dressman and A. M. Thompson,
connected with local radio station
WCKY, which is owned and oper-
ated by Barker L. B. Wilson, were
the kings for a day last week, pro-
viding outstanding talent of the ether
lanes.
Levitt Bugie has joined the local
Fox office as sales representative.
George Smith has shaken the Cin-
cinnati dust for his new assignment
as Paramount manager at San Fran-
cisco, taking with him the well wishes
of his friends here.
Cleveland
Cleveland, Dec. 2. — The local
Variety Club has discontinued its
weekly king for a day luncheons. In-
stead, there will be a business meeting
luncheon the first Monday of the
month. And also once a month, the
date to be designated by the president,
there will be a king luncheon with
special entertainment.
(Continued from page 1)
organization for administering it has
not been fully developed.
"Little sympathy will go to the
man who is able to pay," says Brock.
"Every petitioner who seeks to use the
act is required to furnish a full finan-
cial statement of his income, assets
and liabilities, and, in addition, is to
be thoroughly investigated. Ten re-
gional offices centrally located through-
out the state will be set up and level-
headed men with good judgment will
be placed in charge of them."
After hearing both sides of the case
Brock will attempt to secure an
amicable adjustment between credi-
tors and debtors. Courts are still open
to dissatisfied creditors, but if they
lose they have to pay court costs.
A prominent credit man here says
debtors will hesitate to use the act
because it might injure credit stand-
ing. Its provisions do not apply to
debts owed to the state or the Fed-
eral Government.
Allied Men to Hold
Des Moines Meeting
Des Moines, Dec. 2. — An estimated
attendance of 1,800 midwest exhibi-
tors is expected at a meeting called
here during the second week of Janu-
ary by Allied Theatre Owners of
Iowa and Nebraska.
Code problems will be the principal
topic of discussion, according to Lester
F. Martin. A dinner and screening of
new pictures will be part of the program.
Nassers, Marcus Here
George and James Nasser, San
Francisco neighborhood theatre oper-
ators, are in New York. At the St.
Moritz.
Louis Marcus, former Publix part-
ner in Salt Lake, is also visiting. At
the Waldorf.
Detroit
Detroit, Dec. 2.— The Detroit Va-
riety Club was entertained at its
weekly luncheon by Willie and
Eugene Howard.
Kings for a day were : Man-
nie Gottleib, David Idzsl, Frank
Downey, Carl Shalit and H. M.
Richey.
Election of officers will take place
Dec. 3 in the club rooms.
In addition, an amendment to the
club's constitution, creating a board of
trustees, composed of all past presi-
dents and the current president, for
the purpose of supervising expendi-
tures will be voted upon.
Washington
Washington, Dec. 2. — Variety Club
will hold its first smoker on the eve-
ning of Dec. 3 with Barkers Wolf
and Makover in charge of the festivi-
ties as kings for a day. There will
be no noon luncheon on that day.
Para. Bonus Suit
Move Coming Soon
(Continued from paqe 1)
and three per cent to Kohn. Schul-
berg received a 1929 bonus of §130,000.
The payments to Zukor and Lasky ag-
gregated $757,000 each ; to Katz and
Kent, $606,000, and to Kohn, $303,000.
For the first quarter of 1930 the
bonuses were paid mostly in stock,
except to Schulberg, who received
cash. Bonuses for the last three quar-
ters of 1930 were waived by those en-
titled to them under the agreements.
In 1931 no bonuses were paid and the
agreements were abrogated in 1932
while still having a year to run. Con-
solidated earnings of Paramount in
1929 were $15,544,544, or approxi-
mately $4.82 per share on the common
stock outstanding. In 1930 earnings
were $18,381,178.
Leave to file the suit will be sought
of the Federal district court here by
the trustees today or tomorrow.
Work on Plan for
Para, in Final Rush
(Continued from page 1)
Charles D. Hilles, Eugene W. Leake
and Charles E. Richardson, will con-
tinue in administrative charge of the
company's assets until such time as the
plan has been accepted by the court.
At that time a court order is issued
discharging them from their duties.
Presentation of the plan to the court,
today or tomorrow, will be on behalf
of the new board of Paramount Pub-
lix with that board's recommendation
for its acceptance by the court. The
reorganization will not result in a
change of name for Paramount Publix.
New National
Theatre Group j
Being Talked
(Continued from pane 1)
done, but it is understood Allied is in \
favor of it. Allied for some time has
been advising members to contact con- ]
gressmen on legislative matters.
Connecticut and Pennsylvania units
are next to be contacted. No name has
been set for the proposed organization. 1
For the present, the sponsors are call- I
ing it "League of Forgotten Men."
Tax Rule Given on
Sound Installation j
(Continued from page 1)
years, even though the Commissioner 1
of Internal Revenue has determined I
that it has a useful life of 10 years. J
The companv entered into contracts j
in 1928 and 1929 with Erpi and RCAi
Photophone for the installation and j
use of sound equipment in theatres op- I
erated by three of its affiliates, under M
which the company was required to I
pay the cost of transportation and in-B
stallation. Deductions for those charges ■
were disallowed by the commissioner. I
But the board held that "considering
the contracts in their entirety it ap-
pears that under them petitioner ac-
quired a license, the cost of which
may be said to be the amount expended
in the installation of the equipment it
was licensed to use."
Equipment Firms to
Test U. S. Sales Levy
(Continued from page 1)
will be inaugurated by a group of 15
manufacturers who met Saturday to
devise a program of opposition to thej
levy, J. A. Tanney, head of the S. O.
S. Corp., in whose offices the meeting
was held, stated.
Samuel Edelstein was retained as
attorney in the action and Morris Lev-
ison of Simonoff , Peyser and Citron,
as accountant. Assessments will be
levied against the 15 manufacturers of'
theatre sound equipment and public
address systems represented at the
meeting to finance the Federal court I
action and these will probably be j
passed on to the exhibitors using their
equipment, it was stated. Names of the
manufacturers were withheld. The :
meeting also voted to forward a pro-
test against the tax to the Internal !
Revenue Department.
W. A. Johnston Now
On Monogram Staff
Hollywood, Dec. 2. — William A
Johnston, pioneer trade paper mar*
and founder of Motion Picture News
has joined the Monogram writing
staff to work on "The Mystery Man'
script. Ray McCarey will direct.
Another Monogram assignment ha;
Jefferson Parker assigned to do
added dialogue on "The Great Goo
Gold," which Arthur Lubin will direct
See Mayer-Breen Truce
Hollywood, Dec. 2. — An amicable
settlement of the dispute betweer
Louis B. Mayer and Joseph I. Breer
over cuts sought in M-G-M's "For-
saking All Others" was expected ovei
the week-end.
Louisiana Two -Year Debt
Law Has Many Limitations
The
TRADE PAPERS HAIE
DOUG FAIRBANKS'
TRIUMPHANT RETURN!
"SHOWMANSHIP ANGLES ABOUND
IN THIS PICTURE! Doug is aJmiralle, as
aSile and as virile as ever ! Lad les will love tlie romance
and tlie spectacle! — Qllolioti cPiclark ^J'feraid
"PRODUCED ON A GRAND SCALE
with subtlety, exquisite imagery and breadtb of imag-
ination ! D oug amply justilies Don Juan s reputation
lor glamorous sex appeal and ckarm of presence!
^fyollywooJ <^f\,eporler
"A BIG ATTRACTION FOR SHOW-
A'iEN! It Las immense possibilities!
0ay Emanuel ^iP ulltcahons
(
c
(
c
(
(
FAIRBANKS
ALEXANDER KORDA'S
production of
L
DON JUAN
with MERLE OBERON
BENITA HUME • BINNIE BARNES
and the beautiful leading ladies
of "HENRY VIII"
Monday, December 3, 1934
MOTION PICTURE
DAILY
Confab Nears
To Designate
Union Scales
{Continued from page 1)
$80 a week for the booth. In larger
houses, the figure will vary.
When Rosenblatt sits down with
theatre and union representatives, it is
understood he will lay down the law
and brook no delays in getting a scale
formulated. Some accounts have it
that the scale set up will be binding to
all parties for the next 10 years. How-
ever, Rosenblatt may even demand a
truce between the various operators'
unions. This will mean the end of
cross-picketing by Local 306 and
Allied.
Nickel Scales Win
Ruling in Buffalo
{Continued from page 1)
This clears the way for filing an
amended complaint later.
The board's vote was 3 to 1, Sidney
Samson, Fox manager, dissenting.
Samson held that exhibitors whose
contracts do not call for a 10-cent
minimum admission must be excepted
from the complaint.
Another 3 to 1 decision was ren-
dered in the issuance of a cease and
desist order against the Riverside,
Schine house. Basil's complaint that
the Riverside's "kiddies' pay day"
device was in violation of the code
forbidding reduced admissions was
upheld, with Jack L. Berkowitz, man-
ager of the Standard exchange, dis-
senting.
An attempt of the Lyric, fourth run
house operated by George N. King,
Binghamton, to gain a higher classifi-
cation, has been turned down by the
clearance and zoning board. King
protested against alleged advantages
enjoyed by houses of the Comer ford
circuit in Binghamton — the Riviera,
Strand, Capitol, Star, Symphony,
Regus, Suburban and Avon, and
against United Artists, RKO, Para-
mount and Warners, with which the
Comerford theatres have contracts.
MOTION PICTURE DAILY5
HOLLYWOOD PREVIEW
"The Man Who Reclaimed His Head"
( l 'ni: ersal )
Hollywood, Dec. 2. — This is a powerful drama made vividly human
by Claude Rains' splendid characterization and promises to take the rank
of one of the season's most discussed pictures.
The locale is France in 1915. Told in retrospect, the story deals with
interest-gripping situations. Spurred on by his wife (Joan Bennett),
material happiness and ambitions, Rains becomes a brilliant political
ghost writer for Lionel Atwill, a publisher of peace propaganda.
With war declared Atwill sacrifices his humane ideals to the patriotic
but selfish blandishments of the munitions makers. Conscripted to the
front and disillusioned, Rains overhears a conversation linking Atwill
with his wife. As Miss Bennett castigates Atwill for his duplicity,
Rains, an A.W.O.L. soldier, confronts the pair.
Murderous combat, simultaneous with an air raid, completes Rains'
narrative with Lawyer Henry O'Neill agreeing to defend Rains and con-
fident that on the evidence no jury will convict him.
This is an exploitation picture because of the topical war maker
atmosphere. Rains' acting alone is a worthy bid for popular support.
Miss Bennett gives a sympathy-winning performance in a difficult role.
Atwill matches Rains' pace. O'Neill, Baby Jane and Henry Armetta
please in the principal supporting roles. Edward Ludwig's direction
capitalizes the dynamic punch of the Jean Bart screen play. Production
code seal, No. 424. Running time, 80 minutes. "G."
"Grand Old Girl"
(Radio)
Hollywood, Dec. 2. — Brim full of old-fashioned hokum, this film
carries entertainment for the entire family. The story glorifies the
American school teacher, personified by May Robson as the principal of
a small town high school who strives to oust some crooked politicians,
proprietors of gambling houses in the neighborhood of the school, to
remove temptation from her beloved pupjls. After being dismissed from
her lifelong job for meddling in the Big Shot's underhanded affairs, she
is reinstated by the President of the United States, a former pupil, as he
passes through the town on a tour of the country.
Romance is supplied by a student, Mary Carlisle, and a truck driver,
Fred MacMurray. Direction is expertly applied by John Robertson for
humor, tears and hurrahs. Miss Robson turns in another knockout per-
formance. Allan Hale registers as the town rounder and so does Etienne
Girardot in a comedy role of Miss Robson's secretary. Gavin Gordon
is effective as the President. Lucien Andriot's photography is good.
The picture should go to good attendance where Miss Robson draws
them and where shows giving emotional satisfaction to solid home folks
are pullers. Reviewed without production code seal. Running time,
70 minutes. "G."
Signal Corps
Worries Over
War Negative
{Continued from page 1)
ation has never been brought sepa-
rately before the bureau as it has this
year.
About 1,100,000 feet of this film con-
sists of pictures taken by the Signal
Corps during the war, about 650,000
feet with tbe American Expeditionary
force and the rest of it in this coun-
try. There are about 250,000 feet of
unclassified film, and some 70,000 feet
of foreign films, mostly British but
including four priceless reels taken by
the Germans and secured by the Gov-
ernment with a captured submarine.
For several years officials of the
Signal Corps have been alert to the
danger of loss through the aging of
the films. Some film has already de-
teriorated to such an extent as to be
useless, although, fortunately, none of
any importance.
May Make New Negatives
If funds can be secured, the Signal
Corps plans to make new negatives
and also master positives of the pic-
tures it has, after classifying them and
rejecting the least interesting mate-
rial and duplications.
The classification of the films would
be so conducted as to result in the
development of a picture library of
World War activities — a history su-
perior to any which could be written
in words and of vast potentialities of
value to future generations.
These films would be stored in fire-
proof vaults at the lowest temperature
desirable. Also, if desired, copies
would be made for storage in the new
Archives Building now nearing com-
pletion, in which will be kept all of
the permanent records of the Gov-
ernment.
The submission to Congress of the
budget by the President in January
will disclose whether the plea of the
department for funds for the protec-
tion of these films has been granted.
K. C. Board Refuses
Bank Night Appeal
Kansas City, Dec. 2. — Ruling the
J. F. Rigney bank night case is a
closed chapter, the local grievance
board has refused to reopen it at the
request of R. W. McEwan, bank night
distributor, who claims Campi's ruling
that the complainant's and respon-
dent's theatres must be in direct com-
petition applies in this instance.
Rigney recently filed a certificate of
compliance after his film service was
ordered stopped. The board will, how
ever, hear further evidence to estab-
lish the element of direct competition
in two cases remanded by Campi.
The competitive factor was the basis
of dismissal by the board of a "cash
night" complaint filed by the Dickin-
son, Marceline, Mo., against the Fox
DeGraw, Brookfield, Mo. The ruling
was the towns are not competitive, as
they are separated by a distance of 20
miles.
The board issued a cease and desist
order against the Orpheum, Parsons,
Kan., on complaint of Dickinson's Up-
town, same town, charging bank night
operation. The respondent's defense
was the Dickinson house was running
grocery nights, but the complainant
told the board he was discontinuing
them.
Seek to End Iola Row
Kansas City, Dec. 2. — The local
grievance board is attempting to settle
a competitors' "dog fight" in Iola,
Kan., by mutual agreement on price
and policy between the three theatres
involved. If the operators file a writ-
ten agreement with the board, com-
plaints filed by the Dickinson against
the Uptown and Kelley will be dis-
missed. Otherwise the board will sit
as a Local Industrial Adjustment
Agency on Dec. 5 in an effort to con-
ciliate the differences. The theatres
are accusing each other of dualing at
a dime, two-for-ones and similar prac-
tices.
Order 5c. Shows Stopped
Detroit, Dec. 2.— The grievance
board has issued an order directing
W. W. Brown of Grand Rapids and
several Detroit exchanges to observe
the minimum price stipulation in con
tracts in so far as they prohibit five
cent admissions for matinees. The
complaint was brought by Allen John-
son of the Royal and Our Theatres of
Grand Rapids.
M-G-M Signs Webb
Hollywood, Dec. 2. — M-G-M has
signed Clifton Webb, New York
musical comedy star, to a long term
contract. He was featured in "Three's
a Crowd" and "As Thousands Cheer."
His first vehicle will probably be the
"Life of Johann Strauss."
Roy Turk Dead on Coast
Hollywood, Dec. 2. — Roy Turk,
song writer with Warners and
M-G-M the past three years, is dead
here from pneumonia following an
operation two weeks ago. His
widow, Gladys, survives.
Gill Contract Expires
Hollywood, Dec. 2. — Gwenillan
Gill's contract with Paramount has
expired. She is en route to her home
in Scotland.
ITOA-Allied Tieup
Prospect Held Dim
{Continued from page 1)
organization. As yet it is not known
whether the I.T.O.A. can meet the
regulations laid down by Allied.
Members of the local unit have not
yet decided whether they want to tie
up with Allied. One meeting has been
held with Sidney Samuelson, presi-
dent. It was an informal discussion.
Another meeting is slated.
At the last I.T.O.A. session, the
subject of affiliation did not come up.
The second meeting between Samuel-
son and I.T.O.A. representatives may
be held today or tomorrow. In the
event the session is held, the matter
of national affiliation will come up at
the local unit's regular meeting on
Wednesday.
Moore to Coast Soon
Hollywood, Dec. 2. — Grace Moore
will complete her concert tour and
return to Hollywood in time for the
holidays. Her next starring picture
for Columbia is slated to start early
in January. The story is an untitled
original being prepared by Sidney
Buchman.
MOTION PICTURE
DAILY
Monday, December 3, 1934
FIGURE IT FROM ANY ANGLE,
GENEVA MITCHELL IS AMONG
THE BEAUTIES WHO CAN FORM
THOSE BOX-OFFICE LINES FOR
"NIGHT LIFE OF THE GODS" . . .
Lowell Sherman's Universal hysteric of hilarity!
(.Continued from page 2)
of improving the tastes and
standards of the public. It is the
same problem which is met in
questions relating to the im-
provement of the stage, books,
civic standards and ideals and
all other improvements for bet-
ter living."
T
An easy-to-make observation,
but what's to be done about it?
Roberts fails to point out that
extremely important something.
"The public has the remedy in
its own hands. If it likes good pic-
tures it .will refuse to patronize
the poor ones. If poor pictures
are not patronized, they will not
be produced."
The question of good taste can
and should be subscribed to by
the producing end of the industry.
The measure of improvement on
that end is almost considerable.
The job — thankless and profit-
less— of educating the public to
better standards is a task best ad-
vanced by endowments, not profit-
sharing corporations in business
to return a net which will keep
stockholders and some others
happy. Or, at this late junction in
the crossroads, is it necessary to
again go into the song and dance,
plus titles and grosses, of those
meritorious pictures which prac-
tically all producers have turned
out at one time or another to find
the public simply refused to be
elevated? . . .
T
While neither Skouras nor
Randforce has signed the revised
operating contracts for Fox Met-
ropolitan Playhouses which per-
mit a sale of the circuit after
May 1, 1936, this provision has
been included in the plan of reor-
ganization. If approved by the
court at the Dec. 12 hearing, the
two operators would be obliged to
accept it or withdraw from the
Fox Met picture. Prior to the
court's approval of this pro-
vision, however, neither operator
will give voluntary approval to
it. This provision for a sale of
the circuit at a future date,
together with cancellation of the
Skouras and Randforce contracts,
is the only change which has been
made in the original Fox Met
plan of reorganization which was
published exclusively in Motion
Picture Daily of May 22. . . .
T
Changes in the critics' battery
along Broadway are rifting the
air, in a casual sort of manner.
Entangled in the rumors are one
tabloid, one standard-sized news-
paper and their respective pur-
veyors of the cinema, pure and
not so pure. . . . The Music
Hall's standard of daily news-
paper advertising continues high,
dignified and constantly refresh-
ing. If Eddie Churchill, on be-
half of his Donahue and Coe
minions, views this as a compli-
Lady" with
Calloway Is
Hit in K.C.
Kansas City, Dec. 2. — With Cab
Calloway on the stage and "Lady by
Choice" on the screen, the Mainstreet's
$19,000 was the only outstanding take,
one of the big ones of the year.
Whether from this competition or not.
business at other first runs was down.
Stormy weather two days during the
week hurt grosses.
Total first run business was $43,100.
Average is $38,300.
Estimated takings :
Week Ending Nov. 25:
"PURSUIT OF HAPPINESS" (Para.)
NEWMAN— (1.800), 25c-40c. 7 days, plus
Saturday midnight show. Gross: $5,800.
(Average. $7,000.)
Week Ending Nov. 22:
"LADY BY CHOICE" (Col.)
MAIN STREET — (3,100), 25c,-33c-40c. 7
days, plus Saturday late show. Stage: Cab
Calloway and his orchestra, with Aida
Ward, Nicodemus, Five Percolators, Elma
Turner. Gross: $19,000. (Average, $10.-
000.)
"WE LIVE AGAIN" (U.A.)
MIDLAND — (4,000), 25c-40c, 7 days, plus
Saturday midnight show. Gross: S8.300.
(Average. $10,000.)
"CHEATING CHEATERS" (Univ.)
TOWER — (2,200) . 25c-35c. 7 days, plus
Saturday midnight show. Stage: "Candy-
land" revue, with Ben Yost. 3 Emerald
Sisters and others. Gross: S6.000. (Aver-
age. $7,000.)
Week Ending Nov. 23:
"WHITE PARADE" (Fox)
UPTOWN— (2,0001. 25c-40c. 9 days. Gross-
$4,300. (Average. 9 days. $4,300.)
May Open Phila. Keith
Philadelphia, Dec. 2. — Keith's, at
11th and Chestnut Sts., under lease to
Warners, is rumored for a reopening
around the first of the year. It is un-
derstood it will be a second run, taking
films from the Mastbaum, which gets
under way Dec. 24 under Roxy's direc-
tion. Opening film for the Mastbaum
will probably be "Sweet Adeline."
ment, he's welcome to the orchid,
borrowed from Winchell. . . .
▼
Bunions, the soft, painful and
sensitive kind, have been bruised
in certain quarters by some of
the content of "The President
Vanishes." The results are sev-
eral: (1) Back to the coast has
gone the picture for dry clean-
ing, reported slight; up will go
Walter Wanger's blood pressure.
(2) Pre-release planned on
Broadway with a date set for
the Paramount Theatre finds it-
self moved back to conform with
general release which stays, as
is, for January. Paramount now
is figuring on a splash opening
in Washington while Congress
heaves in its early throes. . . .
KANN
Opening — Today — 5 p.m.
Jack Lyons Chop House
Radio City
102 West 50th Street
Out today
The Box Office Check- Up of 1934, defining values
and personalities that have gone into the making of
this yearns outstanding motion pictures as infallibly
proven at the nation's box offices; comprising a
tabulation of the Box Off ice Champions from August
1933 to June 1934, naming the players, directors
and others zvho contributed to the production of these
notable pictures, and including Box Office ratings
for the year of 192 stars and players compiled from
the Motion Picture Herald's recent poll of inde-
pendent exhibitors.
The Box Office
CHECK-UP
of 1934 «
Announcing the
Opening of New York's
Modern Supply Store
Exhibiting the Newest in
MODERN MOVIE
MERCHANDISE
For THEATRE MAINTENANCE
Carpets • Chairs • Fabrics • Sound Accessories
Projection Apparatus • Cleansing Materials • Stage
Equipment • Lighting Effects • Lobby Furniture
Everything from the Street to the Sheet
Grand Opening Tuesday, December 4
JOE HORNSTEIN, INC.
630 NINTH AVENUE NEW YORK
FILM CENTRE BUILDING
GROUND FLOOR
The Leading
Motion^
Picture
Industry
MOTION PICTURE
DAILY
Alert,
Intelligent
the In
in All
Branches
VOL. 36. NO. 131
NEW YORK, TUESDAY, DECEMBER 4, 1934
TEN CENTS
Supreme Court
To Rule Upon
Uniform Pact
Grants Fox Appeal from
Thacher Decision
Washington, Dec. 3. — Legality of
housands of contracts between ex-
libitors and distributors will be de-
ermined by the U. S. Supreme
?ourt, which today granted an appeal
if Fox Film Corp. for review of a
lecision of the Minnesota Supreme
lourt holding the uniform contract
llegal.
Specifically, the court will rule
vhether the inclusion prior to the
["hacher decree in the Paramount case
if the compulsory arbitration provi-
ion so affected the contract that its
intire contents were illegal after the
Umination of the provision.
The Minnesota court held the con-
ract to be null and void because the
llegality attaching to the arbitration
irovision permeated the entire docu-
nent.
In the case before the court, A. B.
{Continued on facie 2)
PWC Sale Held Up
For Court Hearing
Los Angeles, Dec. 3. — Although
Referee Samuel McNabb has approved
he sale of Fox West Coast to Na-
ional Theatres Corp., the sale can-
lot become effective until the U. S.
District Court reviews a petition on
>ehalf of Marshall Square Theatres,
)perating the Orpheum, San Fran-
:isco, and Harry L. Hartman, oper-
iting the Orpheum, San Diego.
This petition, filed Saturday, asks
:he court to review the case on the
ground that the present sale petition
ioes not provide for a settlement of
ihe suit now pending in which the
:laimants are seeking $3,750,000 dam-
iges for asserted monopoly of first
runs in both cities.
A hearing will take place within
10 days.
Palmer Gets Right
To Fox Met Appeal
Leave to appeal from an order of
Federal Judge Julian W. Mack deny-
ing Archibald Palmer, counsel, the
right to examine members of the
bondholders' committee of Fox Met-
ropolitan Playhouses under Section
{Continued on page 2)
Dependable film delivery by members
of National Film Carriers, Inc. — -Adv.
Paramount's New Setup
Goes Before the Court
Para. Trustees Sue K.,L.
On Employes 9 Stock Sale
Kuhn, Loeb & Co., former Paramount bankers, yesterday were named
in an action instituted in Federal court by the Paramount Publix
trustees, who were granted leave by Federal Judge Alfred C. Coxe to
compel officers of the banking house to account for any profits made by
them in connection with their participation in the Paramount employes'
stock purchase plan.
The step came as a surprise and may result in sensational develop-
ments if and when the action comes to trial. It was reported the suit
may have a determining influence in future financial participation of
Kuhn, Loeb in Paramount.
In addition to the action against Kuhn, Loeb, the trustees were also
authorized to proceed with actions for an accounting from former direc-
tors and officers of Paramount for similar participation in the employes'
stock purchase plan and for the payment of salaries and bonuses to
officers named in excess of a "reasonable" amount.
Named in the complaint are Felix M. Warburg, Jerome J. Hanauer,
Gordon Leith, George W. Bovenizer, Lewis L. Strauss, Sir William
Wiseman, Roger W. Kahn, Addie W. Kahn, Gilbert W. Kahn (as ex-
ecutors for Otto H. Kahn), and John Mortimer SchifF, Casimir I.
Stralem and Warburg (as executors for Mortimer L. Scruff), all repre-
senting Kuhn, Loeb associates.
Former Paramount officers and directors named were Frank A.
Bailey, Jules E. Brulatour, Gayer G. Dominick, Harold B. Franklin,
{Continued on pane 4)
Feist Favors
Quick Move in
K.C. Rate War
Kansas City, Dec. 3.— If Kansas
City is to have a price war, Felix F.
Feist, general sales manager of M-
G-M, is in favor of an intensive one,
"to get it over with quickly," he said
during a stopover here Sunday en
route from the coast.
"All I know is what I have read in
the trade papers, as I have been away
from my office a number of weeks,"
he said. "But if Kansas City theatres
are determined to cut admissions, let
them all do it at once, because the
next move will be price increases."
Feist characterized as "stupid" the
movement under way among local in-
dependents to boycott M-G-M and
other distributors furnishing product
to first runs which cut prices too deep-
ly. He said such a move would not
{Continued on page 6)
Charge Duals
Cut Quality,
Kill Shorts
Philadelphia, Dlec. 3. — A strong
battery of New York film executives,
bulwarked by local exchange mana-
gers representing practically all ma-
jor companies, today gave it as their
opinion double features resulted in
poorer and cheaper pictures and were
killing off the short subject field. The
opinions took the form of testimony
in the resumed trial of the Perelman
suit aimed at the alleged clause in
exhibitor-distributor contracts ruling
off double features in local theatres.
J. Robert Rubin and William F.
Rodgers represented M-G-M ; Ned
Depinet and William Youngman,
RKO ; Earle W. Hammons, Educa-
tional ; Al Lichtman and Edward
Raftery, United Artists; A. W.
Smith, Jr., and Harold Bareford,
{Continued on page 6)
Hearing Set for Dec. 27
At Which Creditors
Can Object
The reorganization plan for Para-
mount Publix was presented to the
Federal court yesterday in the name
of the company and with the support
of all of the large bondholder, stock-
holder and creditor committees.
A hearing on an order to show
cause why the plan should not be
placed in effect was set for Dec. 27
by Judge Alfred C. Coxe, at which
time creditors will be given an oppor-
tunity to register objections to the
plan.
In its final form, as presented to
the court yesterday, the plan is un-
changed in any major details from
earlier drafts made available to credi-
tors during the past few weeks and
published from time to time in Motion
Picture Daily.
Salient provisions of the plan con-
template settlement of the claims of
holders of the old debentures in the
{Continued on page 4)
BIP-First Division
Still Talking a Deal
By BRUCE ALLAN
London, Dec. 3. — A reciprocal deal
between British International and
First Division admittedly is under
way, but, according to Arthur Dent
of the former company, it is "some
way" from agreement. In the interim,
there will be no successor named to
fill the post just vacated by Lou B.
Metzger.
Dent told Motion Picture Daily
today that the parting was amicable
and was predicated largely on Metz-
ger's desire to devote his time to his
theatre business.
Report M-G-M Seeks
To Drop Astor Deal
M-G-M is dropping the Astor and
Walter Reade, who recently leased the
house to the distributor for 10 years
starting Jan. 1, 1935, is negotiating a
settlement, it is understood.
The house has been dark since "The
Merry Widow" bowed out recently
after a four-week run. Originally
slated for a two-a-day, "David Cop-
perfield" has been booked into the
Capitol for Christmas Week. M-G-M's
next big attraction is "Sequoia,"
which, like "David Copperfield," goes
into the first run M-G-M house.
MOTION PICTURE
DAILY
MOTION PICTURE
DAILY
(Registered U. S. Patent Office)
Vol. 36 December 4, 1934 No. 131
Martin Quigley
Editor-in-Chief and Publisher
MAURICE KANN
Editor
JAMES A. CRON
Advertising Manager
Published daily except Sunday and holi-
days by Motion Picture Daily, Inc., sub-
sidiary of Quigley Publications, Inc.,
Martin Quigley, President; Colvin Brown,
Vice-President and Treasurer.
Publication Office: 1790 Broadway, New
York. Telephone Circle 7-3100. Cable ad-
dress "Quigpubco, New York." All con-
tents copyrighted 1934 by Motion Picture
Daily, Inc. Address all correspondence to
the New York Office. Other Quigley pub-
lications: MOTION PICTURE HERALD,
BETTER THEATRES, THE MOTION
PICTURE ALMANAC and THE CHI-
CAGOAN.
Hollywood Bureau: Postal Union Life
Building, Vine and Yucca Streets, Victor
M. Shapiro, Manager; Chicago Bureau: 407
South Dearborn Street, Edwin S. Clif-
ford, Manager; London Bureau: Remo
House, 310 Regent St., London, W. 1,
Bruce Allan, Representative. Cable address:
"Quigpubco, London"; Berlin Bureau:
Berlin - Tempelhof , Kaiserin - Augustastrasse
28, Joachim K. Rutenberg, Representative;
Paris Bureau: 19, Rue de la Cour-des-
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Bureau: Viale Gorizia, Vittorio Malpassuti,
Representative; Sydney Bureau: 102 Sus-
sex Street, Cliff Holt, Representative; Mex-
ico City Bureau: Apartado 269, James
Lockhart, Representative; Glasgow Bureau:
86 Dundrennan Road, G. Holmes, Repre-
sentative; Budapest Bureau: 3, Kaplar-u,
Budapest, II, Endre Hevesi, Representa-
tive; Moscow Bureau: Civtzev Vrazhek,
N. 25, Apart. 146, Moscow, U. S. S. R.,
Bella Kashin, Representative. Cable ad-
dress: "Samrod, Moscow."
Entered as second class matter, January
4, 1926, at the Post Office at New York
City, N. Y., under Act of March 3, 1879.
Subscription rates per year: $6 in the
Americas, except Canada $15 and foreign
$12. Single copies: 10 cents.
B. F. Sharick Passes
B. F. Sharick, father of Andrew H.
Sharick of Universal, is dead at the
home of another son, Edmund Sharick,
in Buffalo. He had been a stock
farmer all his life and was 96 years
old. Andrew Sharick has gone to
Buffalo to attend the funeral, which
takes place today. Two daughters,
Flora Griswold and Mildred Miller,
also survive.
William Watson Buried
Cleveland, Dec. 3. — William Wat-
son, former manager of the Warner
Hippodrome, who died last Wednes-
day at his home here, was buried in
Starkville, Miss.
Gets Steele Westerns
Guaranteed Pictures, Co., Inc., has
acquired foreign distribution rights
to eight Bob Steele westerns • being
produced by A. W. Backel for Su-
preme Pictures.
To Open in Springfield
Harry C. Arthur plans to open the
Art, Springfield, Mass., on Christmas.
The 1,000-seat house is being remod-
eled and Charles C. Caballero will
manage.
Cantor Big in Columbus
Eddie Cantor's "Kid Millions" set
a record at the Ohio in Columbus by
grossing $8,400 in the first three days
of its run there, it is reported by
United Artists.
Palmer Gets Right
To Fox Met Appeal
(Continued from page 1)
21-A of the Bankruptcy Law was
granted yesterday by Circuit Court
Judge Martin Manton.
Palmer will seek a preference on
the Circuit Court calendar tomorrow
for the argument of his appeal. As
counsel for Fox Met bondholders who
have not deposited with the commit-
tee, he is seeking the right to ex-
amine the committee members, he
said, to determine whether a single
banking group dominates the commit-
tee and to bring out the business
affiliations of the members.
Roach Opens Office Here
Hal Roach has opened his own office
in the Loew Building on the ninth
floor. He was slated to arrive last
week from Culver, Ind., where he
visited his family, but when he reached
Chicago, Roach decided to fly back to
the studio.
D. A. Ross Is Married
Densmore A. Ross, vice-president
of Ross Federal Service, Inc., was
married on Saturday to Grayce Naomi
Ruland of Jackson Heights at St.
Paul's Church, New Rochelle.
Royster to New Post
Harry L. Royster, formerly in
charge of Paramount's Southohio The-
atres Corp., is due here in about a
week to be reassigned to a new the-
atre post by Y. Frank Freeman, vice-
president of Famous Theatres Corp.
Elsie Ferguson Returns
Hollywood, Dec. 3. — Elsie Fergu-
son will return to pictures as a mem-
ber of the cast of "Becky Sharp,"
which John Hay Whitney is produc-
ing in the new-process Technicolor.
"Don Juan'* Set Back
"The Private Life of Don Juan"
will open at the Rivoli on Saturday
instead of Wednesday.
"Baboona" in January
Fox will release "Baboona," the
latest Martin Johnson jungle film,
some time in January.
London Films to Do
"Lawrence" in Color
London, Dec. 3. — "Lawrence of
Arabia" will be the first picture which
London Films will make in Colour-
gravure. Production gets going in
June.
Terms of the deal between the two
companies are now available. London
Films acquire 100,000 shares of
Colourgravure stock priced at 25
cents a share and an option to buy
26,000 additionally at 50 cents a share.
Gerrard, in turn, gets 100,000 of $5
six per cent cumulative income deben-
tures of London, these shares carry-
ing rights to be converted into de-
ferred ordinaries. London agrees to
pay Gerrard a quarterly royalty on
films made in the color process.
Fashion shots in the current issue
of Pathetone Weekly are latest ex-
amples of Colourgravure which B.I. P.
used in "Radio Parade." The results
are viewed as promising, but uneven.
YocaUlm Motion Argued
Motion to prevent A. T. & T.,
Western Electric and Erpi from fil-
ing an amended answer in the $65,-
000,000 anti-trust suit of Vocafilm
Corp. of America was argued yester-
day before Federal Judge John C:
Knox. The matter is being held under
advisement by the court.
May Increase Dividend
Wall Street reports are that direc-
tors of Loew's at tomorrow's meeting
may increase the annual dividend rate
on the common from $1 a share basis
to $2 a year through the declaration
of a quarterly dividend of 50 cents or
else pay $1 a share extra.
"Galante" Gets $10,500
Second week of "Marie Galante" at
the Mayfair garnered $10,500. Gross-
ing $20,000 Friday, Saturday and Sun-
day of the second week, the Roxy is
holding "Imitation of Life" for an-
other stanza.
Signs Jan Kiepura
Paramount has signed Jan Kie-
pura, star of "Be Mine Tonight," the
deal having been closed in Berlin on
Saturday, it was learned yesterday.
He comes over in May.
Tuesday, December 4, 1 93*
High Court to Rule
Upon Uniform Pact
{Continued from page 1)
Mueller, Minnesota exhibitor, con
tracted for 46 pictures at a cost a
$1,837 and refused either to accept
play or pay, contending that the con"
tracts were the result of combinatici
and conspiracy in violation of th
anti-trust law and in restraint o
trade.
Suit was brought by Fox for collecj
tion, and both the trial court and th«
Minnesota Supreme Court held tbl
contracts illegal and void.
In bringing the case to the highesj
tribunal, Fox asked the court to pas
on the effect of its decision in Xh.
Paramount case and render a nev
opinion on the legality of modified
types of the standard license agree)
ment adopted after Judge Thache]
had declared the old form, including!
the arbitration clause, to be outlawed
The court, it was argued, should
announce whether it intended thl
Paramount decisioin to hold the enJ
tire contract illegal, whether the ille]
gality of the arbitration provision
"tainted or infected" the entire docu
ment, whether the decree was in I
tended to save other rights under th
contract, and whether it intende<
to deprive both parties of al
further rights and obligations.
Cites Original Decision
In its decision, the Fox brief con
tended, the Minnesota Supreme Cour
admitted that only the arbitratioi
clause was illegal and that the re
maining provisions were enforceable
but subsequently held that the "ille
gal arbitration clause taints the whol
contract with illegality," a determi
nation which, it is claimed, is not i;
accordance with the original deci
sion.
Other decisions, some by the high
est state courts and others by Fed
eral courts, have held that the illega
arbitration provision, did not make th
entire contract void, it was argued
the brief pointing out that there ar
still many outstanding contracts, bu
that the provision for arbitration ha<!
been deleted therefrom.
"If the correct interpretation of th
Paramount case is that there wa i
nothing illegal in the standard ex
hibition contract except arbitratio ;
and that it did not permeate and tain j
and make illegal the remainder c
the contract," it was pointed out, "i
would seem to be true that such deci
sion would extend to and so effec
every other identical standard exhib
ition contract containing such illega
arbitration clauses, that such arbi
tration as a remedy would be abol
ished in all such contracts. An ille
gal consideration is no consideratior
No court could thereafter legally ad-
mit in evidence the illegal arbitra
tion clauses in a standard exhibitio
contract."
If there is any misunderstandinjM
about the decision, it was declarecMj
"the fourth largest industry and oveJH
22,000 theatre owners will be swampeM
with litigation and loss for years tfl
come."
Schulberg Due Dec. 10
B. P. Schulberg is due from thl
coast Dec. 10 to discuss his new pre
duction plans. Yesterday he formall
severed his connection with Para
mount. 1
Warner Trading Heavy on Big Board
Net
High Low Close Change Sales
Columbia Pictures, vtc 41J| 39?4 4054 + 54 2,400
Consolidated Film Industries 3Ya 354 354 + Vs 200
Consolidated Film Industries, pfd 18M 18 18^ + 54 3,700
Eastman Kodak 11354 11354 11354 + Va 11
Fox Film "A" 1454 13% 14 4,100
Loew's, Inc 3654 3554 3654 — H 11,100
M-G-M, pfd 2754 2754 2754 — 54 100
Paramount Publix 314 354 354 — Vi 2.800
Pathe Exchange 154 154 154 200
Pathe Exchange "A" 145/6 1454 WA .. 54 900
RKO m Wa Wa 1,400
Universal Pictures, pfd 42 40 42 +2 3,000
Warner Bros 554 5 554 + V* 10.400
Warner Bros., pfd 23Vl 2154 22 + A 23,000
Technicolor Slips Quarter on Curb
Net
High Low Close Change Sales
Technicolor WA 14 14 — Va 1,000
Trans Lux 2 2 2 300
Paramount Broadway Bonds Up iy2
Net
High Low Close Change Sales
General Theatre Equipment 6s '40 8% 854 854 — 54 13
General Theatre Equipment 6s '40, ctf 854 Ws 854 — 54 18
Keith B. F. 6s '46 6454 6454 6454 + V 2
Loew's 6s '41, ww deb rights 10454 10454 10454 — Va 1
Paramount Broadway 554s '51 4454 4354 4454 +154 13
Paramount F. L 6s '47 60 60 60 — Va 2
Paramount Publix 554s '50 6054 6054 6054 — Va 5
Pathe 7s '37, ww 9954 9954 9954 + 54 2
Warner Bros. 6s '39, wd 6154 60 6054 50
WW
u J
in Motion Picture Herald's nation-wide box office star vote!
Every exhibitor in America
was asked by Motion Pic-
ture Herald to name his
biggest money -making
stars. ..and they voted FOX
stars top ranking in all
divisions.. .with Will Rogers
named grand champion
. . . the country's greatest
box office attraction!
THEY SHINE IN
THIS SEASON:
more from
WILL ROGERS
"The County Chairman" and
three other extended-run hits.
more from
JANET GAYNOR
Including "One More Spring"
(co-starring with W a rne r Baxter)
more from
SHIRLEY TEMPLE
"Bright Eyes" (released Dec.
28th) and 3 other all-family
sell-outs.
WATCH THAT tffi STAR LIST !
4
MOTION PICTURE
DAILY
Tuesday, December 4, 1934
Argues Allied Owners Rate
Directors on Para. Board
K., L. Sued on
Stock Sale to
Para. Workers
Paramount's
New Plan Put
Before Court
(Continued from page 1)
amount of $25,835,571 on the basis of
$500 of new 20-year, 6 per cent sink-
ing fund debentures and five shares
of new cumulative, convertible, 6 per
cent preferred stock of $100 par value
for each $1,000 of such claims. Hold-
ers of common stock outstanding in
the amount of 3,220,902 shares will
receive for each such share, % share
of new common stock and a warrant
evidencing the right to subscribe for
a period of 60 days, at $2, for one unit
consisting of % share of new common
and 1/5 share of new cumulative, con-
vertible 6 per cent second preferred
stock of $10 par.
The bank debt of $13,368,932 is to
be settled with the payment in cash
of $5,175,131, including interest to
Jan. 1, and for the $9,813,095 balance,
the banks will receive for each $1,000
of their claims, $500, principal amount,
new 20-year, 6 per cent, sinking fund
debentures and five shares of new
cumulative convertible 6 per cent first
preferred stock of $100 par.
Para. Broadway Plan Included
Included in the plan is the plan of
reorganization for Paramount Broad-
way Corp. with its $8,875,000 prin-
cipal amount of old bonds outstanding,
secured by a mortgage on the Para-
mount Bldg. The plan provides for
an issue of new bonds in the same
amount, to be the obligation of the
new Broadway company and retaining
the Paramount Bldg. as security. Un-
til one-half of the new bonds have
been retired the issue will be entitled
to fixed interest of three per cent an-
nually and to an additional two and
one-half per cent but payable only out
of income remaining in any year after
making provision for cumulative sink-
ing fund and certain other restrictions.
Interest for the remaining half of the
issue will be at a fixed 5z/2 per cent
annually. The sinking fund to which
the new issue will be entitled will be
payable out of income of the new
Broadway company and will have the
benefit of the new leases on both the
Paramount Theatre and office space
in the building. These leases provide
for 117,592 square feet of office space
at a fixed rent of $188,147 annually
for an initial term of 10 years and two
additional terms of five years each,
but terminating when the principal
amount of new bonds outstanding has
been reduced to $4,437,500. The thea-
tre lease calls for a fixed rent of
$260,000 annually for a similar period,
subject, however, to percentages of
gross receipts and the retirement of
the new bonds.
To Guarantee B'way Interest
Until one-half of the new Broad-
way bonds are retired payment of the
fixed interest of three per cent and
the application of $100,000 annually
to the purchase or redemption of the
new bonds will be guaranteed by the
new Paramount Publix.
The $23,644,255 Allied Owners'
claim, based on the construction for
Paramount of seven theatres, the
Brooklyn Paramount, Alabama at
Birmingham, Paramount at Fremont,
O., Paramount at Glens Falls, N. Y.,
Pitkin and Kings, Brooklyn, and Va- I
A demand that Allied Owners, as
the largest single creditor of Para-
mount Publix, have representation on
the new board of that company was
made yesterday by Archibald Palmer,
attorney for bondholders, at a hearing
on a plan of reorganization for Allied
before Special Master Oscar Lewis
in Brooklyn.
Palmer asserted that a clause should
be inserted in the reorganization plan
providing that, as part of the settle-
ment of its $23,000,000 claim against
Paramount, one or more Allied repre-
sentatives be included on the board of
the reorganized company. Settlement
of Allied's claim, involving the leas-
ing of three theatres, purchase of a
lencia, Jamaica, is settled in the plan.
The latter three houses were assigned
to Loew's under a lease agreement of
1927. The settlement calls for the is-
suance of new securities in the same
amount as would be issued to holders
of $5,000,000 of general claims or old
debentures of Paramount ; payment of
$150,000 in cash; purchase of the
Alabama for $1,000,000; and leasing
of the Paramount theatres at Brook-
lyn, Glens Falls and Fremont for 20-
year terms at fixed rentals.
The total claims remaining against
Paramount at the time of the filing
of the plan aggregated $83,622,-852.
The plan contemplates that after the
fourth and issuance to Allied of ap-
proximately $5,000,000 in securities of
the new Paramount company are in-
cluded in the reorganization plan of
the latter. William Greve, vice-chair-
man of Realty Associates, an Allied
affiliate, has already asked factors in
the Paramount reorganization for a
place on the new board as Allied's
representative. No action has been
taken as yet on his request.
Lewis adjourned the Allied hearing
to Dec. 7 to await a pending ruling
from the U. S. Circuit Court of Ap-
peals which will decide whether Man-
ufacturers Trust Co., as trustee for
Allied Owners debentures, will have
a voting right in the reorganization.
settlements and eliminations, only
$55,000,000 of that amount will re-
quire the issuance of new securities.
Provision is made for caring for an
additional $10,000,000 of claims, but
stipulation is made that the plan shall
not become effective if the total
amount of claims exceeds $65,000,000.
On this basis, capitalization of the
new company is expected to be not
more than $27,500,000 of 20-year, 6
per cent, sinking fund debentures ;
$27,500,000 of cumulative, convertible
6 per cent, first preferred stock of
$100 par value; $6,441,806 of cumula-
tive, convertible 6 per cent second pre-
(Continued on page 6)
(Continued from page 1)
Arthur S. Friend, Daniel Frohman.
Felix Kahn, Gilbert Kahn, Sam
Katz, Sidney Kent, Ralph Kohn, J
Jesse Lasky, Frederick G. Lee, Elek I
J. Ludvigh, Maurice Newton, M
Maurice Wertheim, Theodore F-B
Whitmarsh, Sir William Wiseman, I
Herman Wobber, Adolph Zukor, j
Eugene Zukor and executives for the I
late Casimir I. Stralem and William! I
H. English.
In all, seven causes of action are
sought to be taken by the trustees,
Charles D. Hilles, Eugene W. Leake
and charles E. Richardson, who
were advised by their counsel, Root, ' '
Clark, Buckner & Ballantine, that
probable grounds for the action exist ■
and that, therefore, court determina-W
tion of the issues is required.
The Kuhn, Loeb action asks for
an accounting by those named of their
participation in the Paramount em-
ployes stock purchase plan, which in- .
volved the setting aside in 1930 of
250,000 shares of stock for purchase
at $52 per share. The market value
of the stock at the time is said to have
been considerably higher. The alle-
gation is made that the Kuhn, Loeb
defendants acquired some of these
shares and the defendants will be
asked to account for actual or poten-j
tial profits and for any resultant lossJ
incurred by Paramount.
Must Account for Conduct
The Paramount directors named in
the action will be asked to account]
for their official conduct in that capac-|
ity. Zukor, Lasky, Kent, Katz and!
Kohn may be subjected to actions toj
compel them to return to Paramount!
more than $3,000,000 allegedly re-
ceived in excess of reasonable com-]
pensation from 1927 to 1930, inclu-J
sive. Another action will ask the |
directors to account for alleged losses
incurred by Paramount through the
"buying or selling of its own capital
stock in the open market" from
October, 1929, to January, 1930, and
from June, 1930, to January, 1931.
Other causes of action will seek
full recovery for any damages found
to have been incurred by Paramount'
as a result of any violation of duties^
by officers or directors in connection
with the formulation and carrying out
of the employes stock purchase plan.
A separate action against Robert
Craig Montgomery, associate or Cra-
vath, de Gersdorf, Swaine & Wood,
special counsel for Paramount, was
also authorized in connection with
alleged participation in the plan.
Unofficial estimates place the total
amount of the recoveries which may
be sought for Paramount in the seven
actions at more than 812,000,000. The
trustees of the company, who will be
discharged from that capacity with
the adoption of the Paramount plan
of reorganization, have been assured
that the new, or reorganized Para-
mount will make provision for carry-
ing on the actions after reorganiza-
tion.
S. R. Kent Arrives Today
S. R. Kent, president of Fox, ar-
rives this morning from England on
the Bcrcngaria.
Who 's Who on the New Board
Last-minute shifts in the initial board of directors of Paramount
Publix resulted in the supplanting of George W. Davison, chair-
man of the board of Central Hanover Bank & Trust Co., and
originally nominated as one of the representatives of the creditor
bank group, by Charles A. McCulloch of Chicago, as a bank group
representative, and the addition of Duncan G. Harris as a bond-
holders' representative and Henry R. Luce as a stockholders' rep-
resentative.
The initial board, thus, is comprised of the following nine
members:
Gerald Brooks, an investment executive with E. F. Hutton &
Co., and a representative of both stockholders and bondholders,
particularly large British insurance companies with Paramount
holdings.
Duncan G. Harris, realtor, member of Brown, Wheelock, Harris
& Co., a representative of bondholders.
Percy H. Johnston, president of Chemical Bank & Trust Co.,
a representative of the bank group.
Dr. Julius Klein, business consultant, former Assistant Secretary
of Commerce in the Hoover administration, a representative of
bondholders.
Henry R. Luce, one of the founders, editor and publisher of
Time and Fortune magazines, a representative of stockholders and
youngest member of the board, 36 years old. Will be a board
consultant on production material.
Charles A. McCulloch, director of many corporations, including
the First National Bank of Chicago, one of the creditor banks;
former business associate of John D. Hertz; co- receiver for Insull
utility companies, and representative of the First National and
the Continental Illinois banks on the board.
Maurice Newton, investment executive associated with Hall-
garten & Co., and a former member of Paramount boards; a rep-
resentative of stockholders.
Frank A. Vanderlip, director in many corporations and a repre-
sentative of bondholders.
Adolph Zukor, president of Paramount Publix.
A warning against a board composed of too many bankers and
not enough industry men was sounded by Archibald Palmer, attor-
ney, who said he represented creditors, when the plan was pre-
sented to court yesterday. Palmer indicated he would make in-
quiry into the business associations of the proposed directorate
when the plan goes to Federal Judge Alfred C. Coxe for hearing,
Dec. 27.
IT'S READY . . . BOOK IT NOW . . . FOR
XMAS WEEK! . . . FOR NEW YEAR'S WEEK!
OSWALD
THE LUCKY RABBIT
IN UNIVERSALE CARTUNE CLASSIC
"TOYL AND
PREMIER7'
(Entirely in
Tech n i color ! )
MOTION PICTURE
DAILY
Tuesday, December 4, 1934
Feist Favors
Quick Move in
K.C. Rate War
(.Continued from page 1)
succeed because exhibitors who have
contracted for pictures are obligated
to play them.
" 1 he idea is especially stupid since
product buys were not predicated on
tne price at any prior run," he com-
mented.
He said the price cuts at the Mid-
land, M-G-M's affiliate first run here,
were made necessary partly by con-
ditions existing locally, partly by the
fact there had been a slash at a com-
peting first run in contravention of an
agreement entered into early in the
fall. While he did not mention the
theatre by name, it was inferred he
meant the RKO Mainstreet, against
which similar charges are made by
Loew's.
"If the Midland could sell balcony
seats at 25 cents matinees, it certainly
would not reduce the price to 10
cents," he added. However, he did
not defend the lower scale as
good business practice, pointing out
tne effect of sub-normal admissions at
any key city first run proves detri-
mental over a wide area.
"Patrons naturally ask the local
manager why he charges a higher
price for his pictures when the same
product is shown in a nearby big city
at a lower admission," Feist declared.
"Of course, the manager has to ex-
plain that conditions differ with each
locality, even as in some towns where
there is a price war among petroleum
companies you can buy gasoline for a
few cents a gallon less than the stand-
ard price."
Sees Advantage to Suburbans
Feist asserted the suburban theatres
received the advantage from a dis-
tribution standpoint, as against first
runs, which pay higher rentals.
"This is not said in a derogatory
sense, and I am not minimizing the
importance of neighborhoods and sub-
sequent runs, as they are vital to our
business," he said. "But it's the first
runs furnishing the rentals of $1,000
and up that keep the industry going."
Feist agreed with other distribution
executives that the present system in
Kansas City of basing clearance on
admission prices resulting in identical
availabilities to similar priced houses
is impractical and that rentals should
be the guide in setting protection.
He said he did not believe the Mid-
land's balcony price of 15 cents until
six o'clock and 25 cents thereafter was
hurting the neighborhoods, because the
latter had the advantage over the first
runs in the matter of location, con-
venience, accessibility and other fac-
tors, including which he mentioned
that the suburbans offered the same
kind of entertainment as the first runs,
and some in as good or better sur-
roundings.
Reports Business Up
Chicago, Dec. 3. — On the basis of
reports he has received, New York
and Philadelphia are the only large
centers where theatre business gener-
ally has not shown improvement, said
Felix Feist here today.
"I don't know the reason, but I will
dig into that when I return to New
York," he said, adding Loew theatres
in New York were an exception and
that circuit's business was on the up-
grade. Feist plans to remain here
three or four days before proceeding
east.
The M-G-M sales chief has fully
recuperated from a let-down which
sent him to Honolulu for a rest. He
has been away from New York about
three months, part of the time on the
coast. He said that while on the train
between Los Angeles and Kansas City
he caught up with what is going on
in the industry by reading about 150
issues of trade papers which had ac-
cumulated.
New Paramount Plan
Is Put Before Court
(Continued from page 4)
ferred of $10 par, and 1,610,452
shares of new common stock.
On this basis, the estimated con-
solidated balance sheet, giving effect
to consummation of the plan, would
show total assets of $148,769,919. Of
this amount there would be total
working assets of $35,245,599, includ-
ing cash of $15,456,787.
The distribution of the new securi-
ties under this estimate of capitaliza-
tion would be as follows : Banks, $4,-
906,548 of new debentures and the
same amount of first preferred stock;
Allied Owners, $2,500,000 of new
debentures and a like amount of new
first preferred stock; bondholders,
$14,310,655 of new debentures and the
same amount of new first preferred;
stockholders, $6,441,806 of new sec-
ond preferred stock and 1,610,452
shares of new common; general cred-
itors, $5,392,797 of new debentures
and a like amount of new first pre-
ferred stock, and Paramount Land
Corp., $390,000 of new debentures
and the same amount of new first pre-
ferred stock.
The estimated consolidated balance
sheet, prior to reorganization, and
based on financial statements as of
Sept. 29, last, shows cash on hand of
$17,071,146. Of this amount, $13,-
101,290 was held by solvent subsid-
iaries and $3,969,855 by the trustees
of Paramount Publix. The plan es-
timates that cash requirements of the
reorganization will be about $10,469,-
000 to care for the cash provision of
the bank debt settlement, expenses of
administration and of reorganization
of both the parent company and sub-
sidiaries and for corporate purposes
of the new company. This amount
will be made up of the approximately
$4,000,000 held by the trustees and the
balance, approximately $6,500,000, is
expected to be derived from the stock
subscription warrants.
Urging the desirability of an early
reorganization, the plan points out
earnings of the Paramount picture
subsidiaries are showing a continuing
decline, with net earnings for the
third quarter of this year of approxi-
mately $574,000, as compared with
$918,000 for the same quarter last
year. It adds that preliminary figures
for the fourth quarter of this year
indicate "a substantial continuing de-
cline as compared with the same per-
iod of 1933." It states that consoli-
dated net earnings for 1933 were $5,-
690,000 and adds that "it is estimated
that earnings for 1934 on the same
basis will not equal those for 1933."
"It is believed," the plan concludes,
"that an early reorganization and the
consequent removal of the handicap
of bankruptcy should increase the ef-
ficiency of the enterprise and result,
under comparable conditions in the in-
dustry, in increased net operating
earnings. Earnings for 1933 and 1934
appear to be at an annual rate suffi-
cient to provide a substantial return
upon, and substantial amortization of,
the estimated amount of claims en-
titled to participate in the reorganiza-
tion proceeding. Under these circum-
stances it would seem that a reor-
ganization should be promptly ef-
fected."
Expunge Theatre Claim
By a Mutual Agreement
The $1,513,604 claim of the trustees
of the Stanley Co. estate against Par-
amount Publix was expunged yester-
day by mutual consent of the claimants
and the Paramount trustees.
The claim was based on an alleged
guarantee by Paramount of a lease on
the Kettler, West Palm Beach, Fla.,
operated by the Stanley Co. The origi-
nal claim was subsequently reduced to
$32,500, but objections filed by the
trustees resulted in its expunging.
Hearings scheduled for yesterday
before Special Master John E. Joyce
on motions resulting from the claims
against Paramount of Allied Owners
Corp., Paramount Broadway Corp. and
the bank creditors' group were ad-
journed by consent to Dec. 18." Settle-
ments of these claims have been in-
cluded in the Paramount reorganiza-
tion plan and the actions pending be-
fore Joyce will be marked off when
the plan is accepted by the court and
made effective.
Flinn in Tomorrow;
Rosenblatt Delayed
John C. Flinn is due to arrive from
Hollywood tomorrow. Compliance Di-
rector Sol A. Rosenblatt, who was due
to return to Washington tomorrow,
will be delayed a day or two.
Rosenblatt lost two days en route
to the coast when he was forced to
take a train half way instead of mak-
ing the whole trip by air. As a re-
sult, he may be held two days longer
in Hollywood. His delay in returning
puts back the planned meeting on the
local operators' situation for Friday.
Rosenblatt also will miss the Campi
meeting Thursday when the Kansas
City and Buffalo clearance schedules
come up.
George Schaefer and W. Ray Johns-
ton will report on the Kansas City
modifications as a result of a recent
trip to the territory with Tyree Dil-
lard, Jr. It is likely that the plan
may be passed because of the price
protection agreement. The Buffalo
schedule will be shipped back, since it
is not in conformance with the 12
basic principles.
Plainfield Product
Appeal Is Set Back
Although the New York grievance
board awarded Joseph Sicardi of the
Liberty, Plainfield, N. J., 70 of Walter
Reade's allotment at the Strand, Ox-
ford and Paramount, same city, local
exchanges refuse to give up the films,
claiming they do not want to do busi-
ness with the Liberty account.
An appeal hearing was slated for
yesterday, but because Leo Justin of
the Reade office was away over the
week-end and did not prepare the case
it was put over until tomorrow when
several distributors, including William
F. Rodgers of M-G-M, will appear.
Charge Duals
Cut Quality,
Kill Shorts
(Continued from page 1)
Warners; E. C. Grainger, Fox and
Ed Kuykendall, M. P. T. O. A. presi-
dent, were among those film execu-
tives and attorneys here in formidable
array. Resident exchangemen in-
cluded Robert Lynch, Earl Sweigert,
Sam Gross, Frank McNamee, Wil-
liam Mansell, Harry Bodkin, Herbert
Given and S. E. Applegate.
The drift of the defense testimony
had it that double features caused
cheaper pictures and cheaper pictures
caused trouble with the public. In
rebuttal, Benjamin M. Golder for
Perelman, tried to bring forth the
fact that major pictures in some cases
raised objections as well. In this
connection, he cited the Chicago
"white lists" of the Legion of De-
cency and charged that, since short
subjects companies in many cases
were owned by the majors, the latter
were merely endeavoring to protect
their investments.
Lichtman First Defense Witness
Lichtman, as the first defense wit-
ness, told the United Artists set-up.
Tracing the history of the entrance
of Fox, M-G-M, Radio, and First
National into production by way of
answer to the plaintiff's complaint
that the majors were turning to ex-
hibition, he declared the reverse had
been the procedure.
Depinet said doubles led either to
cheaper pictures or increased admis-
sions for the better ones.
Hammons recounted the plight of
short subject producers at large, told
of Educational's efforts to develop
the shorts field and said doubles in
Detroit had cut short subject receipts
there by 66 per cent.
The history of the M. P. T. O. A.
was mulled over when Kuykendall
took the stand. For two hours, he
delved into the membership, affiliated
and otherwise, with Golder hammer-
ing at the source of the dues and the
support of each classification to the
M. P. T. O. A. treasury. Kuykendall
declared, like the others, that doubles
induced cheaper production which, in
turn, led to lower moral standards.
Allied to Praise Para.
Paramount will come in for exhib-
itor praise today when Allied of New
Jersey meets at the Lincoln. The com-
mittee on sales policies will tell the1
members Paramount should be com-
plimented for deviating from its per-:
centage policy. The showmen state
that the company has realized that its
percentage policy cannot hold for,
every type of theatre and that the
change was necessary for the smaller!
house.
Flash Reviews
Gambling — . . . average entertain-
ment . . . routine story fails to be
lifted by routine direction. .
Maryjka — . . . overflows with pic-
torial beauty . . . acting is commend-
able. . . .
These films will be reviewed in full in a
later issue of Motion Picture Daily.
***** 0^
aft* ^C T^-
te1
cot'
On*
ft
flit*
W v"" ,.1
JJooft published by
L C, Fogre * Co., /he.
Presented with pride by
RKO - RADIO
Directed by George Wcholfa Jr.
Colonel Alicoate
discovers SHORTS!
During our social visits to the loges
along the big stem during the past few
weeks we have found nothing of abbre-
viated cinema nature quite so entertain-
ing as the Pete Smith series of "Oddity"
shorts he is doing for M-G-M. Here is
something that is delightfully different,
behind which is the voice of Pete Smith,
a foremost disciple of the most modern
school of screen narration. "Dartmouth
Days," "Rugby" and "Strikes and Spares"
are big enough for any house and any
type of audience. — Editorial in Film Daily
Hey Colonel! Wait 'till you see
"TOYLAND BROADCAST" M-G-M's Holiday Delight!
One amazing reel of color and music that's terrific — nay, colossal!
MOTION PICTURE
DAILY
Alert,
Intelligent
the
in All
Branches
VOL. 36. NO. 132
NEW YORK, WEDNESDAY, DECEMBER 5, 1934
TEN CENTS
Coast Dispute
Goes on with
No Abatement
Rosenblatt Departs with
No Solution Reached
Hollywood, Dec. 4. — Efforts of
rompliance Director Sol A. Rosen-
)latt to straighten out the dispute be-
ween the Actors' and Writers' Guilds
m one side and the producers on the
rther seem to have hit a stone wall.
There is some loose talk of an ap-
>eal to Washington, but whom the ap-
)eal will be directed at in view of the
act that one of the principal figures
if the NRA has been here to un-
:angle the problem is not clear.
Rosenblatt left today without a
Solution of the dispute. The guilds
lave taken a definite stand against
:he producers' suggestions that a
lew arbitration council be set up.
rhe guild members contend this
night interfere with their aims and
ire talking of setting up a council of
their own with no producer repre-
sentation.
M-G-M to Make All
Changes Breen Asks
Hollywood, Dec. 4. — M-G-M will
make all cuts suggested by Joseph I.
Breen, head of the Production Code
Administration, for "Forsaking All
Others," it is understood. He will
view it a second time.
Word from the studio is to the
effect that the script was approved
before shooting started and was fol-
lowed, but Breen thought certain
scenes were on the border line of code
requirements. Retakes are being
made on these.
Sam Wood Has Plans
For His Own Films
Sam Wood may produce on his own
after he completes a one-picture con-
tract with Reliance. He talked to
Erpi officials prior to leaving the
(.Continued on page 10)
China in Jersey
After a survey of the big-
gest box-office attraction of
the week, Allied of New
Jersey yesterday reported
that dishes — 11-inch ones —
rated first.
Exhibitors held there was
no preferred playing time in-
volved and business was up
300 per cent above average.
Supreme Court Hearing About
Jan. 14 Seen for Tri-Ergon
Washington, Dec. 4. — At the speed which the United States Su-
preme Court is making in disposing of the cases before it, it was
anticipated today that an oral argument on the Paramount Publix
Tri-Ergon suit would be reached about Jan. 14.
The case has not yet been placed on the calendar, but will prob-
ably be scheduled when the court reconvenes from the Christmas
recess which it will probably announce Dec. 17.
Cut in Extras
Code Gain on
Coast — Flinn
Chicago, Dec. 4. — Improvement in
the extra situation is the outstanding
development under the code adminis-
tration in Hollywood, said John Flinn,
secretary of Code Authority, here to-
day during a stopover en route to
New York.
Under the direction of Mabel Kin-
ney, west coast code executive, the
extra list has been pared from 17 or
18 thousand registered extras to 2,000,
he said. Beginning early in January,
these will be given the bulk of the
work by studios. Others will be on
the reserve list for calls when needed.
Under the system formerly prevail-
ing, Flinn pointed out, there has been
(Continued on page 8)
K. C. Cuts Danger
Downtown — Finney
Kansas City, Dec. 4. — Further
price cuts will lead to the ruin of
downtown first runs, asserts William
A. Finney, Loew's western division
manager with headquarters in Colum-
bus.
Finney said that the cut to 15 cents
and 25 cents in the balcony at Loew's
(Continued on page 9)
Infringement Suit
Is Filed by Disney
Walt Disney and his various cor-
porate enterprises yesterday filed a
suit in Federal court alleging infringe-
ment and violation of copyrights
against T. Schein & Co., Inc. He
charged the defendant had infringed
by either printing or lithographing
on cards the various Disney cartoon
characters, including Mickey Mouse
and those used in the Silly Sym-
phonies, and seeks an injunction and
an accounting.
Efforts to locate J. Schein & Co.
for comment yesterday proved un-
availing.
Seek a Fixed
Policy to Bar
Free Programs
A permanent answer to unfair com-
petition in the form of free enter-
tainment will be sought by the the-
atre industry in meetings to be held
in the near future as a direct result
of the touring show sponsored by
Standard Oil of New Jersey, it was
learned yesterday.
Code Authority has added its voice
to the protest against the Standard
Oil exploitation stunt in forwarding
to officials of that company a resolu-
tion condemning the project as unfair
competition to established theatres
which jeopardizes high standards for
theatre labor established by the code
and, through its effect in decreasing
(Continued on page 8)
Production Gains
By Four Features
Hollywood, Dec. 4. — Production
for the week ending Dec. 1 shows an
increase of four features over the pre-
ceding week. A drop of four shorts
was registered for the same period.
The survey shows a total of 36 fea-
tures in work, 17 preparing and 44
editing, while in the short subject
(Continued on page 10)
Warner Proxies Set
For Annual Meeting
Warners' annual stockholders' meet-
ing in Wilmington will take place
Dec. 10 as scheduled. The necessary
number of proxies is on hand.
New directors to replace the five
whose terms expire have not been
selected for voting, it was stated yes-
terday bv the company's legal depart-
ment. Up to yesterday, it was not
definite whether Harry M. Warner,
president, will wield the gavel at the
Delaware ^fathering. Elections will
be held in New York on Dec. 18. No
changes in the executive setup are
expected.
No Offer for
Fox Gaumont
Shares — Kent
Denies Trip to Europe
Was for Their Sale
"We have never had an offer to
sell our 49 per cent interest in Gau-
mont British and there, won't be one,"
S. R. Kent, president of Fox, told
Motion Picture Daily yesterday as
he debarked from the Berengaria
after a four weeks' trip to England.
"I did not go over to negotiate a
deal for the sale of the stock and
reports that Fox would sell are a lot
of publicity inspired by someone," he
added. "My trip to England was to
hold a sales convention and handle
some other routine business. The re-
ports that a deal was pending with
John Maxwell of B. I. P. were over
before I reached England," the Fox
head stated.
"Business in England is very good,"
Kent added, "but the rest of the coun-
tries are spotty." The Fox chief added
he neither signed any talent nor made
(Continued on page 9)
Texas Price-Fixing
Suit Comes Up Today
Dallas, Dec. 4. — The major part
of Texas show business will be either
involved or interested in the hearing
tomorrow of the suit filed by R. Z.
Glass, independent neighborhood ex-
hibitor here, against Karl Hoblitzelle,
Interstate Circuit, Inc., R. J. O'Don-
nell, Southern Enterprizes, Inc., Pas-
chall-Texas Theatres, Inc., and Dent
(Continued on page 10)
Bank Payoff Starts
Spending in Detroit
Detroit, Dec. 4. — Crowdi such as
have not been seen since pre-depres-
sion, or back in the heydays of 1929,
jammed Detroit's main stem over the
week-end as the citizenry started
(Continued on page 10)
Exhibitor Relief
Kansas City, Dec. 4. — "Re-
lief for the starving exhibi-
tor" became a fact at a meet-
ing of the I. T. O. here when
a representative of a baking
company with which the as-
sociation has a screen adver-
tising tieup gave each mem-
ber a loaf of bread.
MOTION PICTURE
DAILY
Wednesday, December 5, 1934
MOTION PICTURE
DAILY
(Registered U. S. Patent Office)
Insiders' Outlook
Vol. 36
December 5. 1934
No. 132
Martin Quigley
Editor-in-Chief and Publisher
MAURICE KANN
Editor
JAMES A. CRON
Advertising Manager
Published dailv except Sunday and holi-
days by Motion Picture Daily, Inc., sub-
sidiary of Quigley Publications, Inc.,
Martin Quigley, President; Colvin Brown,
Vice-President and Treasurer.
Publication Office: 1790 Broadway, New
York. Telephone Circle 7-3100. Cable ad-
dress "Quigpubco, New York." All con-
tents copyrighted 1934 by Motion Picture
Daily, Inc. Address all correspondence to
the New York Office. Other Quigley pub-
lications: MOTION PICTURE HERALD,
BETTER THEATRES, THE MOTION
PICTURE ALMANAC and THE CHI-
CAGOAN.
Hollywood Bureau: Postal Union Life
Building, Vine and Yucca Streets, Victor
M. Shapiro, Manager; Chicago Bureau: 407
South Dearborn Street, Edwin S. Clif-
ford, Manager; London Bureau: Remo
House, 310 Regent St., London, W. 1,
Bruce Allan, Representative. Cable address:
"Quigpubco, London"; Berlin Bureau:
Berlin - Tempelhof , Kaiserin - Augustastrasse
28, Joachim K. Rutenberg, Representative;
Paris Bureau: 19, Rue de la Cour-des-
Noues, Pierre Autre, Representative; Rome
Bureau: Viale Gorizia, Vittorio Malpassuti,
Representative; Sydney Bureau: 102 Sus-
sex Street, Cliff Holt, Representative; Mex-
ico City Bureau: Apartado 269, James
Lockhart, Representative; Glasgow Bureau:
86 Dundrennan Road, G. Holmes, Repre-
sentative; Budapest Bureau: 3, Kaplar-u,
Budapest, II, Endre Hevesi, Representa-
tive; Moscow Bureau: Civtzev Vrazhek,
N. 25, Apart. 146, Moscow, U. S. S. R.,
Bella Kashin, Representative. Cable ad-
dress: "Samrod, Moscow."
Entered as second class matter, January
4, 1926, at the Post Office at New York
City, N. Y., under Act of March 3, 1879.
Subscription rates per year: $6 in the
Americas, except Canada $15 and foreign
$12. Single copies: 10 cents.
L. I. Pool Has 26 Houses
Twenty-six theatres are involved in
the three-way Long Island pool
between Prudential, Century and
Skouras circuits. The buying pool
is for 10 years with operation to
remain with individual circuits. Casey
& Wheeler, financially interested in
the Prudential houses, also are a
party to the arrangement.
W. & V. Loss Cut
Wilmer & Vincent, Inc., for the
year ending July 31, showed a net
loss of $278,422 after expenses, in-
terest, loss from theatre and realty
corporations and other charges were
deducted. The loss during the preced
ing fiscal year was $394,812.
Eastman Pays Extra 75c
Rochester, Dec. 4. — Eastman Ko
dak Co. has declared an extra divi
dend of 75 cents a share in addition
to the regular quarterly dividend of
$1 per share, payable Jan. 2 to stock
holders of record Dec. 5.
Laemmle Is Still Sick
Carl Laemmle, Jr., yesterday con-
tinued to battle the flu and stuck
closely to his quarters at the Pierre
Feldman Here Next Week
Charles Feldman of the Schulberg-
Feldman-Jaffee agency on the coast
is due from Hollywood next week
r> EHIND the actions which the
Paramount Publix trustees
contemplate bringing against the
Kuhn, Loeb & Co. outfit, and
present and former officers and
directors of Paramount in rela-
tion to their alleged participation
in the company employes' stock
purchase plan and the payment
of salaries and bonuses "in ex-
cess of a reasonable amount"
from 1927 to 1930, are certain
obligations and responsibilities
which rest with trustees in bank-
ruptcy. When remembered, they
tend to remove much of the sen-
sational character which attaches
to the actions at hand. . .
One of the first duties fixed
upon trustees, who are appointed
by the court, makes it mandatory
for them to examine all possible
means of recovering assets for
the estate in their charge. Fail-
ing to do so, they may be held
remiss in their duty by the court.
In pursuing this obligation, the
Paramount trustees were advised
by their counsel that a "prob-
able" cause of action against the
Kuhn, Loeb associates and the
Paramount officers and directors
existed as a result of the stock
purchase plan and the payment
of salaries and bonuses of pros-
perity years' proportions. That
probability of a cause of action
was sufficient for asking leave
of the court to require account-
ings of the 24 individuals
named. . .
The same factors guided the
trustees in the filing of their ac-
tion last spring against former
Paramount directors who author-
ized repurchase of the company's
stock at guaranteed redemption
prices, which had been issued in
the acquisition of theatres. By
inaugurating the action the trus-
tees performed a fixed and vital
duty of their office, although only
a "probability" of a- cause of ac-
tion existed. . . .
T
With the reorganization of
Paramount at hand, the new com-
pany will inherit these actions
from the trustees. Whether or
not they are ever prosecuted will
depend almost entirely upon the
attitude of the court of jurisdic-
tion in the light of the costs of
the prosecution as compared with
the probability of any recovery
at all, and if so, the probable size
of recovery. The principal item
of significance about the actions
at this juncture appears to be
that the trustees have discharged
their duty in respect to the mat-
ters involved. . .
T
William Randolph Hearst
again, or, at least, his reflection
mirrored through the typewriter
of an editorial writer on the
Chicago Herald and Examiner:
"The general character of the
films produced in recent months
has been immeasurably im-
proved and business has im-
proved with that improvement.
[Immediately prior to
which editorial ego at-
tempts to credit the
Hearst newspapers with
having been first, or
among the first, to strike
out for clean entertain-
ment, admitting in vir-
tually the same breath
that the industry failed
to take the hint.]
"In fact, there is little or no
objection to be made nowadays
as to the moral character of the
films.
"However, a new and an
equally serious fault is develop-
ing and the Hearst papers warn
the producers again that if this
fault is persisted in, they may
expect even more serious dif-
(Continucd on page 10)
Loew's Pfd. Off One on Big Board
High Low Close
Columbia Pictures, vtc 40lA 4014 W2
Consolidated Film Industries VA VA VA
Consolidated Film Industries, pfd 18!^ 18'4 183/£
Eastman Kodak \\V/2 WIY*
Fox Film "A" WA 14 14
Loew's, Inc 36!4 3534 36V2
Loew's. Inc.. pfd ..104 104 104
Paramount Publix 3% 3% 3§i
Pathe Exchange VA VA VA
Pathe Exchange "A" 14 13^4 13M
RKO w m VA.
Universal Pictures, pfd 43 42 42f|
Warner Bros 5 4Vg VA
Net
Change
+ Y*
-ii
+ li
—i
+ H
+ Vs
- 'A
Technicolor Down Eighth on Curb
Net
High Low Close Change
Technicolor 14 13% 13% — Ys
Trans Lux 2 2 2
Sales
1.000
700
2.400
7x
1.600
10.800
100
8,300
900
200
900
3.000
3.200
Sales
400
200
Talk New Film Idea
In Washington Meet
Washington, Dec. 4. — Representa-
tives of a number of educational or-
ganizations today met behind closed
doors with officials of the Federal of-
fice of education for the discussion of
a proposed new organization to be
known as the American Film Insti-
tute.
The conversations are expected to
continue over two or more days.
Those attending the conference were
reluctant to discuss the matters under
consideration.
It is understood that the institute
vill have as its aim the improvement
of programs and the development of
a program of educational feature pro-
duction which will permit greater use
of films for school work.
Paramount Broadway Bonds Drop Half
High Low
General Theatre Equipment 6s '40 &% 77i
Loew's 6s '41. ww deb rights... 104% 104
Paramount Broadway S'As '51 44V2, 44
Paramount F. L. 6s '47 60 60
Paramount Publix Sj4s '50 60'/2 60
Warner Bros. 6s '39, wd 6W4 60
Net
Close Change Sales
VA
44
60
6OY2
60
+ Yk
+ %
- Yi
+ Y*
+ Ya
- Yx
St. Louis Skouras
Hearings Due Here
St. Louis, Dec. 4. — Nelson Cunliff,
trustee in bankruptcy for Skouras
Brothers Enterprises, Inc., has been
authorized by U. S. District Judge
Charles B. Davis to institute ancillary
proceedings against the company in
New York City. The purpose of
bringing this action is to make possi-
ble the examination of witnesses con-
cerning the operations of the company
prior to the time it went into bank-
ruptcy about a year ago. Certain
books and records of the company
were kept in New York and some of
its officers were residents of New
York City.
Minister from K. C.
To Join Hays Staff
Kansas City, Dec. 4. — Resignation
of Rev. Irvin E. Deer, executive sec-
retary of the Kansas City Council of
Churches, has been accepted so that
he can join the Hays organization in
a public relations post. He will as-
sume his new duties in January.
At the Hays office yesterday it wasfl
stated that Rev. Irvin E. Deer prob- J
ably would do considerable field work, I
as there had been numerous calls for I
speaking engagements.
Roosevelt an Ampa Guest i
Col. Theodore Roosevelt, Rud) I
Vallee, Ethel Merman, Guy Robert i
son, Sally Rand, Smith & Dale, Bid<
Dudley, Dorothy Francesco, Charle i
Irwin, Ruth Davis, Don Alfonso Ze j
laya, Roslyn Wells, Otto Harbach i
Dolores Reade, Charles Cantor, Jch .1
Nash, Mai Stevens, Al Schact, Anit; !
Kurtin and Cecilia Murray will b j
guests of the Ampa tomorrow at th' \\
M. P. Club.
Handling Indian Film
Reginald Armour, RKO's manag
ing director for India and the Middh
East, has signed with Himansu-Rai
producer of the film "Karma," to dis
tribute it through Empire Talkie Dis
tributors in the Indian states of Ben
gal, Bihar, Orissa, Assam and Burma
according to a cable received by Phi
Reisman, vice-president of RKO Ex
port Corp.
No Arliss Reissues Hen
Warners declared yesterday ther
was no plan to reissue its Georg'
Arliss series in the domestic market
although this has been determine*
upon for England.
Holiday
JOAN CLARK ROBERT
CRAWFORD * GABLE * MONTGOMERY
"FORSAKING ALL OTHERS"
Previewed to the biggest
Coast raves you ever heard:
Says the Hollywood Reporter:
"'Forsaking All Others' wallop for any box office.
Excellent cast in great production. It's a honey.
There's no other word for it. It's got all varieties of
comedy played by an all star cast giving four star
performances."
Says Coast Variety:
"In the performances of Crawford, Gable and Mont-
gomery there is scarcely a shade of preference. All
three are superb. Lavish mounting, purposeful and
pleasing musical treatment add to picture's class in
every department. It should register solid audience
satisfaction."
with CHARLES BUTTER WORTH, BILLIE BURKE, FRANCES DRAKE, ROSALIND RUSSELL
AN M-G-M PRIZE PACKAGE • Directed by W. S. VAN DYKE • BERNARDMH.dHYMAN
MOTION PICTURE
DAILY
Wednesday, December 5, 1934
Penn Democrats in
Sunday Show Moves
Scranton, Dec. 4. — Lackawanna
county's six representatives of the
House of Representatives, when they
caucus here next Friday night, are
expected to discuss plans for the
introduction of a bill legalizing Sun-
day movies in Pennsylvania.
With the House in control of the
Democrats, Representatives Munley,
O'Neill and Coleman, all Democrats,
are said to feel that a Sunday mea-
sure would have little if any difficulty
in passing the House.
The Republicans continue in con-
trol of the Senate, but observers say
that enough liberal sentiment prevails
there to warrant the passage of a
bill should one surmount the hurdles
in the lower house.
The legislature convenes early in
January.
MPTOA Convention
Poll About Ready
Polling of M.P.T.O.A. directors on
the meeting place for the organiza-
tion's next annual convention will be
concluded this week with New Or-
leans indicated in advance as the
choice. The convention would be held
just prior to Mardi Gras, next Feb-
ruary.
Ed Kuykendall, M.P.T.O.A. presi-
dent, who arrived in town yesterday
to conclude the poll and begin con-
vention arrangements starts a new
tour of southern theatre centers late
this week. His trip will include stop-
overs in Washington, the Carolinas,
Missouri and Kansas. He has just
completed a jaunt in the interests of
theatre owners in Arizona, Oklahoma,
Arkansas, Louisiana, Mississippi, Ten-
nessee and Georgia.
Comer ford Back North
Scranton, Dec. 4. — M. E. Comer-
ford returned today from Warm
Springs, Ga., where he was a week-
end guest of President Roosevelt.
Comerford and his nephew, Frank
C. Walker, were introduced on Satur-
day night to the audience at the
Community Playhouse by President
Roosevelt as "the men who made this
theatre possible."
When it was decided about a year
ago to build a playhouse at the settle-
ment for infantile paralysis victims
at Warm Springs, President Roose-
velt turned over the job to Comer-
ford. The latter protested, saying he
was not an engineer. The President,
however, insisted and Comerford,
with the help of Walker, went
through with the assignment.
Korda Acquires "Road"
London, Dec. 4. — Alexander Kor-
da, production head of London Films,
has acquired the screen rights to "The
Broken Road," A. E. W. Mason's
novel, and will start production in the
spring.. United Artists will handle the
American release.
Milestone to Para.
Hollywood, Dec. 4. — Lewis Mile-
stone has been signed by Paramount
to direct "Two on a Tower," a mu-
sical starring Mary Ellis.
Mrs. Louis Boyer III
New Orleans, Dec. 4. — Mrs.
Louis Boyer, manager of the office for
the National Screen Service here,
is ill in the hospital.
Looking 'Em Over
"Gambling"
(Harold B. Franklin-Fox)
George M. Cohan, that "Yankee Doodle" boy, deserves a far better
break than the dispensers of celluloid have dished out to him to date.
Having had one rather indifferent experience with Paramount, the
veteran of many seasons on the legitimate stage is handicapped in his
second effort in what is only average entertainment, retarded by a
routine story that fails to be lifted by routine direction.
He is a gambler, his life wrapped up in an adopted daughter who is
never seen in the picture. Found murdered presumably, suspicion shifts
and divides itself among three people : the boy the girl was supposed to
marry ; Dorothy Burgess, already his wife, and Wynne Gibson. The
trial results in an acquittal for the boy, whereupon Cohan turns detective
until he discovers who committed the deed, which, eventually, turns out
to be an accident.
Suspense, presaged by the drift of the story in its earlier sequences,
never develops in sizable enough quantity. Then, too, there is little of
the imaginative in the direction. While performances, led off by Cohan's,
are adequate, the entire mood of "Gambling" somehow or other reminds
of another and earlier day in production.
Rowland V. Lee, who has many good pictures to his credit, fumbled
on this one.
Production code seal No. 0181. Running time, 90 minutes. "G."
K.
"Cheating Cheaters"
(Universal)
When one group of jewel thieves tries to outsmart another, each be-
lieving the other to be honest, there are likely to be some interesting
complications. That is just what happens in "Cheating Cheaters,"
which, however, is scarcely more than fair entertainment because the
plot is pretty old and many of its developments are not very difficult to
surmise.
Among the prominent names in the cast are Fay Wray, Henry
Armetta and Minna Gombell. Not so well known, but no less capable,
are Cesar Romero, Francis L. Sullivan and Anne Shoemaker.
Each of the two gangs thinks the other a wealthy and respectable
family group possessing a fortune in jewels. Each goes to work on
the other. When the truth is revealed there is surprise all around. Miss
Wray is the nemesis in the case. A detective, she joins one of the gangs
so that she may get the goods on it. But her work makes it possible
to kill two birds with a single stone.
Romance creeps into the plot when Miss Wray falls in love with
Romero, one of the thieves. In the end she sees the fellow off to jail
with a promise she will do all in her power to let him off with as light a
punishment as possible.
Richard Thorpe directed. Code seal No. 333. Running time, 66
minutes. "G."
MOTION PICTURE DAILY*
HOLLYWOOD PREVIEW
"The Church Mouse"
(Warners)
Hollywood, Dec. 4. — Produced at the Warner (Teddington) studio
in England, this picture serves as a good vehicle for the American debut
of Ian Hunter, English actor recently signed to a long-term contract by
the company. Swinging into a stride which it never loses to the final
fadeout, the picture unfolds as a pleasant comedy well-acted, directed
and produced.
The story concerns Laura La Plante, an unemployed girl of the ugly
duckling type, who forces her way into the private office of Bank
President Hunter and sells herself to him as a private secretary. While
making herself invaluable to Hunter's business affairs, she gradually
develops poise and beauty. Slowly and quite unaware of her conquest,
she steals Hunter's heart, ousting one by one the long list of his affairs
of the heart.
Hunter evidences much charm and should click particularly with
feminine fans. Miss La Plante is pleasing as the "church mouse." Jane
{Continued on page 10)
Committees Chosen
To Help Samuelson
Two new commmittees were ap-
pointed yesterday at the regular Allied
of New Jersey meeting in line with
the general plan to relieve President
Sidney Samuelson of detailed organ-
ization work. They are the supply
buying committee, composed of Harrj
Hecht, and Dave Mate, and financt
and dues committee, consisting of
David Snaper, Louis Levin and Louis
Gerofsky.
The code, product and internal
problems also were discussed. Levin
was chairman yesterday and Snaper
will be chairman next week.
Following the meeting, Samuelson
told Motion Picture Daily that the
Xew Jersey unit is a "down-to-exhibi-
tor organization, now for down-to-
earth pictures." He added that criti-
cism from members every week is
helping solve the problems of exhibi-
tors and a daily job is being done for
every member.
"We are developing manpower and
that's what counts," he added. In
three months Samuelson will celebrate
15 years as an active member in the
New Jersey association. He and
George Brennan were the two organ-
izers. He leaves today for New Or-
leans to take a short rest and attend
the board of directors meeting Dec.
11-12 at the Roosevelt. Abram F
Myers will be chairman of the south-
ern session.
M-G-M Still Leader
In Percentage Sales
M-G-M sells more contracts or
percentage in Greater New York thar
any other of the 12 distributors, lat-
est weekly analysis of sales policie;
by Allied of New Jersey shows.
Within the last few weeks, the
New Jersey unit has been making ;
recapitulation of sales policies of E
major and independent companies
The purpose is to watch from wee!
to week the selling policies for pos
sible changes. Paramount, it wa:
noted, deviated from straight per
centages where the theatre could no
afford to continue operation on thi:
plan. In the case of M-G-M, stric
adherence to percentages is noted.
At yesterday's meeting, Paramoun
was praised by the unit for diverging
from its original percentage edict.
Showmen's Pictures
Put in Bankruptci
An involuntary petition in bank
ruptcy was filed against Showmen':
Pictures, Inc., independent producei
and distributor, in the Federal cour
for the Southern District yesterday
The three petitioners, represented b:
Edwin M. Slote, were J. P. Mulle:
& Co. with a claim of over $1,000
George Schmitt & Co., upwards o
$37, and Howard S. Hummell, ovei
$100.
The company against which the pe
tition was filed had no comment t<
make yesterday.
Adeline Barthold Buriei
Passaic, N. J., Dec. 4. — Funera
services were held here early thi
week for Miss Adeline Barthold, chiel
cashier at the New Montauk Theatn
since the present theatre was erected
Garret Voorman, manager of thi
New Montauk, said "she would b>
hard to replace" in a glowing tribute
^
■s
l07 n»i«s-
TO
0u^
one
tops
The
\a\
stotV
ds aPPea,rlnts
The
DAILY
* has a ^ woman's pic,„„ ,,.„ .. i ,
»«d.,,,„1>B . , He« a„d c„e ,],at loots like
~» - .4^™^.. ■'"'"••»«»» •« ^ teIls „,e li(e
0F THE
OWMEN'S
if O U N D TABLE
"GRAB IT"
"Imitation of Life," playing the
New York Roxy, broke a five year
attendance record at that house,
making it necessary at one time
to close the box office for an hour.
"'Imitation of Life,' sa.d our
Joe Blair in his review from Molly- (
wood, "is a smash. It will plow
through all records . G"b it
1°U ' v.^
Voir $45,°^
5©£
oi
' v. end t*e •■
-0oo
^^^^^^
^ W S wv
"IMITATION OF LIFE"
with Claudette Colbert, Warren William.
Rochelle Hudson, Ned Sparks, Baby Jane
'HOLLYWOOD PREVIEW)
Jniversal 106 mins.
OUTSTANDING HUMAN INTEREST
STORY EXPERTLY DIRECTED AND AD-
MIRABLY ACTED.
Put this down as one of best pictures
ot the year.
Direction. Aces Photography, A-l
0
HELD OVER fo
RADIO C I T
-and that's proi
(^Personal Advice from New York Critics!
"One of ihose drop everything films . . . you've gol to see it."
—World- Telegram
"You will like BROADWAY BILL . . . gay, humorous, exciting and vastly
human." — Herald Tribune
"For a sure winner play BROADWAY BILL." — American
"Recommended without reservation." — Times
"Among the things to be specially thankful for." —Daily News
"You're recommended . . . exciting, genuinely moving . . . and Highly
amusing . . ." —journal
"Supreme entertainment for you . . . exhilarating, touching, hilarious."
— Daily Mirror
"You should be grateful for a picture like BROADWAY BILL." -Sun
• RELEASED NATION/
WARNER
FRANK CAPRA
^Based on the story by Jliark 3ieLLinqer
SECOND WEEK
MUSIC HALL
;t's a smash hit!
. . . and a word from Columbia Pictures
We suggest that you set aside extended playing time
for this grand new Frank Capra hit which has bettered
the record for the first four days for all Columbia
Pictures that have played the Radio City Music Hall by
over $10,000.00. In the words of the Hollywood
Reporter we tell you "It can't miss . . . it's a sure-fire hit"
. . . and its first engagement proves it!
)N DECEMBER 27th •
MYRNA LOY
PRODUCTION
with
WALTER CONNOLLY • HELEN VINSON
MOTION PICTURE
DAILY
Wednesday, December 5, 1934
Seek a Fixed
Policy to Bar
Free Programs
{Continued from page V
attendance, has a retarding effect on
production quality. The resolution
stated that the touring show placed
Standard Oil in direct competition
with established theatres.
Industry opposition, it is made clear,
is not being directed solely against the
Standard Oil troupe, which will pre-
sent two-hour free shows in more than
25 cities during the next 10 weeks,
according to the present plans. The
opposition seeks permanent protection
for theatres against the recurrence in
the future of such large scale, free
entertainment which, it is said, is be-
coming increasingly prevalent through-
out the country. It was pointed out
that Gulf Refining Co. presented a
similar traveling show on the Pacific
Coast last summer and that large
cities are being continually treated to
this form of competition. In Boston,
early this week, Scott Furriers staged
an amateur talent contest at the Bos-
ton Opera House which played to
4,000 free admissions and turned away
another 1,000. The performance ran
from 7 :30 to 11 :00 with the final hour
of the show being broadcast over the
Yankee network.
Probable Course of Action
The form of the opposition, not yet
set, may include efforts to have en-
forceable restrictions added to vaude-
ville and carnival NRA codes which
prohibit such performances except at
a fair admission price.
Ed Kuykendalh M. P. T. O. A.
president and chairman of the Code
Authority committee on unfair com-
petition, stated yesterday that his
committee was handicapped in oppos-
ing such enterprises because of _ the
absence of enforceable code provisions
covering that type of entertainment
and the refusal of its sponsors to co-
operate with theatre owners.
"Either these offenders must_ be
made to comply with provisions simi-
lar to those contained in the film
code," Kuykendall said, "or the re-
strictions on theatres must be removed
from our code. It is unfair for the-
atres to be made to comply to rules
of fair competition when correlated
enterprises are not. This includes
baseball parks, carnivals, theatre radio
broadcasts and free advertising pro-
grams as well as the Standard Oil
show."
The Standard Oil troupe features
Guv Lombardo and orchestra, Cross
& Dunn, Jane Abbott and other acts
It played Concord, N. H., last night
opens at Providence tomorrow night
and Boston, Saturday night.
Paramount 's Future Picture
Lowe Is Moved Up
Washington, Pa., Dec. 4. — Ray
Lowe, for three years and a half man
ager of the Warner, Pittsburgh, has
been named city manager for the cir
cuit here. The aopointment was made
bv Harry Kalmine, division head.
To Co-star Garbo, March
Hollywood, Dec. 4. — Greta Garbo
and Fredric March will be co-starred
by M-G-M in Tolstoi's "Anna Ka
renina." David O. Selznick will pro
duce and George Cukor direct.
What follows is the estimated consolidated pro rata balance sheet of
Paramount Publix giving effect to the consummation of the proposed re-
organization plan. It is based on financial statements as of Sept. 29,
1934, and reflects suggested new reserves:
Assets
Current Assets
Cash on hand and in banks
Marketable Securities at cost (market value— $928,037.50)
Notes and Accounts Receivable (film customers and
sundry) less Reserves on books
Other Working Assets (largely convertible into cash
within one year, but which must be immediately re-
placed in operation of business)
Inventories
Advances to Outside Producers less Reserves on books
$15,456,787.43
893,533.50
3,826,275.16 $ 20,176,596.09
$14,612,579.22
456,424.34
15,069,003.56
Total Working Assets
Investments in and Advances to Affiliated
Companies (including companies in
receivership or bankruptcy, the com-
mon stock of which is substantially
wholly owned by Paramount Publix
Corporation)
(a) Total by Paramount Publix Corp.
Less: Reserves (in respect of com-
panies for which financial reports as
of September 29, 1934, are available)
equal to excess of such investments
and advances over net tangible
value thereof on books of such affili-
ated companies not in receivership
or bankruptcy and over estimated
value thereof in respect of affiliated
companies in receivership or bank-
ruptcy
(b) Total by Consolidated Subsidiaries
of Paramount Publix Corporation..
Add: Excess (in respect of companies
for which financial reports as of
September 29, 1934, are available)
of net tangible value of such invest-
ments and advances on books of such
affiliated companies over amount
thereof as carried on books of con-
solidated subsidiaries
$ 35,245,599.65
$33,148,300.60
19,536,311.90 $13,611,988.70
$ 7,828,764.00
1,871,116.49
9,699,880.49
Fixed Assets
Land, buildings, leases and equipment — book depreci-
ated value
Land, buildings, leases and equipment, the mortgages,
etc. on which are in process of reorganization — book
depreciated value
Deposits to secure contracts and in connection with litigation.
Prepaid Expenses
Bond Discount and other Deferred Charges
$61,804,967.55
24,336,750.40
23,311,869.19
56,141,717.95
1,322,200.91
1,136,036.17
1,612,495.79
$148,769,919.66
Liabilities
Current Liabilities
Current Liabilities of Subsidiaries, per books (excluding
contingent claims of indeterminate amount) $ 5,505,286.56
Capital Liabilities of Subsidiaries past due, due on
demand and due within one year (excluding capital
liabilities which are in process of reorganization) 3,127,322.23
Capital Liabilities (and net accruals in connection
therewith) which are in process of reorganization
which will be due within one year when reorganized 1,180,703.56
1934 Federal Income Tax Reserves of Subsidiaries
(estimated) i. 525,301.71 $ 10,338,614.06
Other Liabilities of Subsidiaries
Mortgages, bonds and purchase money obligations due
after one year $23,246,244.74
Estimated proportion of capital liabilities which are in
process of reorganization which will be due after one
year when reorganized *18,830,562.55
Advance Payments (self-liquidating) and Reserves 1,411,303.28 43,488.110.57
Twenty- Year 6% Sinking Fund Debentures, approximately **27,110,000.00
Total Liabilities $ 80,936,724.63
Minority Stockholders' interests in Consolidated Subsidiaries 5,900.243.43
Suggested New Reserves probably to be applied to re-
duce certain items of investments in and advances to
affiliated companies, as reserve against book value of
certain fixed and other assets and as new general re-
serve 14,000.000.00
Cumulative Convertible 6% First Preferred Stock (par
value $100 per share), approximately **27,110,000.00
Cumulative Convertible 6% Second Preferred Stock (par
value $10 per share) **6,441,805.70
Common Stock (1,610,451.43 shares) **14,381,145.90
*This item includes amounts which may become due
within one year when issues are reorganized, al-
though no estimate of such amount is now available.
$148,769,919.66
The above balance sheet utilizes in the main information furnished by the accounting
staff of the Debtor and its subsidiaries, and is without audit. Assets are reflected at
book figures without regard to realizable values, except as stated above. Items of
good will have been excluded from the above balance sheet. The above balance sheet,
in which suggested new reserves are reflected, has been prepared only for the purposes
of the proposal of the Plan in the Reorganization Proceeding and is not binding upon
the Board of Directors in establishing the balance sheet of the New Company. As
stated in the Plan, the question of abandonment or other disposition of certain assets
Li i (.Continued on page 9)
Cut in Extras
Code Gain on
Coast — Flinn
(Continued front page 1)
enough work for only a handful of
extras and the rest received an av-
erage of only 26 days' work last year.
They had to be supported by charity.
Only 450 are more or less regularly
employed.
How to stabilize the situation pre-
sented a difficult problem, Flinn said,
but he believes the new plan will be
highly satisfactory. Extras on the
new list all qualify because of the
amount of work given them in the
past. Studios will be limited to the
list, which will be a permanent regis-
tration.
Flinn's Hollywood observations led
him to believe code restrictions on
relatives' employment, scheduled for a
Washington hearing this month,
should remain as a measure to allevi-
ate the employment situation.
Flinn stayed here over night. He
will reach New York Wednesday
morning.
Campi is preparing to take over
code administration of a group of 4,000
performers representing actors, danc-
ers and vaudevillians who play picture
houses, said Flinn. Four boards
will be set up in New York, Boston,
Chicago and Los Angeles, with the-
atre men actors, bookers and vaude-
ville agents comprising the personnel,
Flinn said. The stage players' prob-
lems primarily concern wages and
hours.
The code has met with widespread
satisfaction and Campi is working
well within its budget., Flinn asserted,
adding that none of the 22,000 griev-
ances filed to date has been yet taken
before the NRA compliance board.
General employment in the industry is
very good, Flinn reported. He pre-
dicted an early increase in box-office
prices.
Product Award Puts
Point Up to Campi
The question of whether a distribu-
tor should be compelled to give up
product to an account it has not dealt
with when it is satisfied with the ex-
hibitor to whom the product is sold
will be an important highlight today
when a Campi appeal committee hears
the case of Joe Sicardi of PlainfiekL
N. J., against Walter Reade's Strand.
Oxford and Paramount in the same
city.
Several weeks ago, the New York
grievance board found Reade guilty of
overbuying and awarded Sicardi 7C
pictures. Reade was to draw up two
lists of 70 pictures and the Libert}'
could select which list of product he
wanted. Sidney Samuelson acted as
attorney for Sicardi.
Distributors hold that they cannol
be told with whom to do busines;
when they are satisfied with account;
sold. Several representatives of ma-
jor companies will raise this pour
when the hearing takes place this
afternoon.
Levy Signs Circuits
Jules Levy, RKO general sale;
manager, has closed deals with th<
Saenger Theatres, Inc., and the Mul-
lins and Pinansky circuit for his com-
pany's entire 1934-35 output.
Wednesday, December 5, 1934
MOTION PICTURE
DAILY
No Offer for
Fox Gaumont
Shares— Kent
{Continued from page 1)
any changes while in England. He
did not go out of that country, he de-
clared.
Asked about reorganization of Fox
West Coast, Kent asserted that the
plans are now in the final stages.
Queried as to whether Spyros and
Charles Skouras would sign 10-year
contracts, Kent stated he did not know
there were any involved. He added,
however, that the Skourases will con-
tinue to operate under the reorganized
plan.
Discussing production abroad, Kent
held that there is nothing new and
the company is continuing along usual
lines.
Comments on Para. Trustee Suit
Shown Motion Picture Daily
which yesterday listed him as one of
the 24 defendants in a suit for recov-
ery of bonuses filed by Paramount
trustees on Monday and asked for
comment, Kent merely replied : "I
knew about it."
He was accompanied by his wife
and daughter. The Fox head will go
to the coast early next rhonth, he
said.
On the same boat were Andre
Daven, formerly with Fox in Europe
and now on his own; Johnny Weiss-
muller, Lupe Velez, William Boyd,
Blanche Yurka, and Mrs. Carlyle
Blackwell.
Weissmuller and his wife were met
by Daniel Winkler of the Joyce-Selz-
nick office, who had several stage
offers for Miss Velez, one including
eight weeks of personal appearances
in the Argentine. The pair plan to
leave for the coast today, Weissmuller
to report back on the M-G-M lot and
Miss Velez undecided on her future
plans. While abroad, Miss Velez made
a picture for Twickenham Studios.
England the Biggest
London, Nov. 30. — European film
business for American companies, out-
side of England, is practically worth-
less at present and prospects are not
good, declared S. R. Kent, president
of Fox, in an interview with a cor-
respondent of the Daily Film Renter.
England, said Kent, is yielding 25
per cent or more pf the export rev-
enue. The German decision to im-
pose a tax of "approximately $10,000
per feature on imported films virtu-
ally rules Germany out of the field,
the Fox president asserted. In addi-
tion, he said, they hit upon "unex-
pected reasons for banning pictures."
Czechoslovakia was "absolutely bar-
ren of production facilities," Kent was
quoted as saying and until recently,
as a result, got into difficulties with
its import charges. He described the
Spanish situation as "uncertain in
view of recent disturbances," and
pointed out that in France and Italy
"the desire to nurse the home indus-
try had led to difficulties for the im-
porter."
"South America, too, has its domes-
tic troubles as a bar to development
in that market," he said.
"In brief," he continued, "the whole
foreign field bristles with these prob-
lems, and it is a relief to turn to Great
Paramount 's Future Picture
(Continued from page 8)
has been left for later consideration; the above balance sheet, accordingly, does not re-
flect changes in corporate structure or in properties since September 29, 1934, except as
specifically contemplated by the Plan.
Accounts of Canadian Companies are stated in Canadian dollars converted into same
number of U. S. dollars.
The above balance sheet assumes that the claims against the Debtor (which, as
stated in the Introductory Statement to the Plan, have been filed in the Bankruptcy
Proceeding and/or Reorganization Proceeding for amounts aggregating $297,702,162.37,
exclusive of claims for indeterminate amounts and exclusive of such claims as may be
filed after November 28, 1934) will be so reduced, either by negotiation or litigation (1)
that the following claims dealt with under Article III of the Plan will constitute liabili-
ties of subsidiaries only and in the following amounts:
New Broadway Bonds, with accrued interest $9,091,580.94
Paramount Properties Bonds 2,775,198.75
Paramount Land Corporation Notes 794,641.12
Jacksonville, Florida, Mortgage 596,351.13
St. Petersburg, Florida, Mortgage 506,763.65
Long Island Studio Mortgage 1,035,361.79
and (2) that the aggregate amount of Priority Claims, General Claims, Old Debentures,
Old Bank Debt and other claims dealt with under Article III of the Plan and which
are ultimately treated on a parity with General Claims (including interest to January 1,
1935, to the extent provided in the Plan, but excluding claims for indeterminate
amounts at the time the Plan is finally confirmed) will not exceed $55,000,000. To the
extent that such assumption is not realized, the amount of New Debentures and First
Preferred Stock will be correspondingly increased; to the extent that a greater re-
duction is obtained, the amounts of such Debentures and First Preferred Stock will be
correspondingly reduced; and in either case adjustment will be required in the interest
of the Common Stock.
Contingent liabilities of subsidiary companies are not reflected.
No deductions have been made in "Cash on hand and in banks" on account of cash
payments made between September 29, 1934 and the date as of which the Plan will be
consummated, in connection with settlement of claims. The amount "Cash on hand and
in banks" shown in the above balance sheet reflects, among other things, the receipt
of $6,441,805.70 purusant to exercise of subscription warrants, or underwriting of sub-
scription, and the payment of $5,175,131.32 on account of the New Bank Debt and $2,-
500,000 of administration and reorganization expenses. To the extent that such ex-
penses paid in cash exceed $2,500,000 the "Cash on hand and in banks" will be de-
creased, and to the extent that such expenses so paid are less than that amount, the
"Cash on hand and in banks" will be increased, in either case with an adjustment in
the interest of the Common Stock.
"These amounts are exclusive of such New Securities as may be issued pursuant to
Articles X, XI or XLI of the Plan and are exclusive of $390,000 of New Debentures and
3,900 shares of First Preferred Stock to be issued and held in trust for Paramount
Land Corporation by the holder of the Paramount Land Corporation Notes but as addi-
tional security for the new notes, such notes being included among liabilities of sub-
sidiaries in the above balance sheet. Included in the claims reflected in the balance
sheet, however, are five claims aggregating $212,812.41, which are also obligations of
subsidiary or affiliated companies.
Britain, which continues to progress
smoothly and to yield a satisfactory
return."
Kent said it was unlikely that there
would be any development of Fox
production in England.
He reviewed the American situation
by sayjng the NRA had been helpful
to the little fellow. The clean film
movement, he said, had hit the indus-
try hard, but had been a good thing
in that if "the purity drive had not
been launched, some sections of the
industry might have run themselves
into the menace of rigid censorship or
a revulsion of public opinion."
Kent described the Tri-Ergon liti-
gation as a "passing worry." The pat-
ents are not basic, he was quoted as
saying, and can be avoided in future
use, but if William Fox wins his suits
past infringements may cost heavily.
"In any case," Kent was quoted as
saying, "we contend that these pat-
ents belong to us, and, irrespective
of the result of the present cases^ we
are proceeding in the courts to estab-
lish our claim to them."
New Preferred Unit
Preferred Pictures, Inc., has been
formed under Pennsylvania laws to
do business in Philadelphia and
Washington. It is headed by Murray
F. Beier, E. S. Waters and H. L.
Taylor.
Preferred has just closed a deal
with Dave Mountan of Spectrum Pic-
tures for distribution of "Frontier
Days," first of a series of eight
westerns.
Hornstein Opens Office
Joe Hornstein officially opened his
own independent supply house in the
Film Centre Building yesterday and at
the same time announced taking over
of Independent Theatre Supply Co., of
which Louis Marks is head.
K. C. Cuts Danger
Downtown — Finney
(Continued from page 1)
Midland here, which the neighborhoods
and other theatres are bitterly pro-
testing, is in line with price scales
elsewhere. In response to a direct
question, he said Loew's might re-
duce the Midland's top from 40 cents,
as at present, to 25 cents.
The situation here is unique, he
says, in that there is not only a com-
petitive situation between the neigh-
borhoods and downtown first runs,
but that in the neighborhoods there
is competition between independents
and circuit theatres, namely Fox Mid-
west. These factors, he says, make
the clearance and general competitive
situation complex. Competition from
the neighborhoods is making the
situation of the downtown first runs
precarious, he declares.
For this reason the first runs will
never consent to a clearance schedule
based entirely on admissions, he said.
Finney objects to the fact that the
downtown first runs have no repre-
sentation on the clearance and zoning
board.
E. C. Rhoden, Fox Midwest divi-
sion manager, is the board member
representing affiliated first runs.
"Rhoden is an able executive and
I have nothing but praise for him,"
Finney says, "but the fact remains
that his interests in Kansas City lie
in suburban operations."
Hatrick Called West
E. B. Hatrick, general manager of
the Hearst film interests, left suddenly
for the coast by air yesterday. He
plans to return for Christmas. If he
does, he will return again to Holly-
wood immediately thereafter.
< Purely
Personal ►
PETER PROFILI and Sam
Cphencious of the American,
Vestaburg, Pa., and Attorney J. Rich-
ardson, yesterday were in New York
on an appeal from a clearance decision
in Pittsburgh. Alexander Bellette
of the Grand, Fredericktown, Pa., also
was here.
Harry Buxbaum, New York Fox
exchange head ; Harold Freedman,
Yonkers exhibitor, and Leo Justin of
the Walter Reade office, are back
from Philadelphia where they attended
the Army-Navy game.
Harry H. Thomas and Charles
Rosenzweig officially returned to their
offices at First Division yesterday.
Both were on trips, returned Thanks-
giving Day, but didn't check into the
office until yesterday.
Lily Pons, who will soon make a
picture for Radio; Jacques Charles.
French producer, and Dave Apollon
and his band arrive this morning on
the Champlain.
Don Hancock, with Film Daily for
the past four years, has rejoined Van
Beuren as production manager on the
"Dumb Bell Letters," "Vagabond Ad-
venture" and other shorts.
Vincent Korda's original etchings
for the settings of "The Private Life
of Don Juan" go on exhibition at the
Tudor City Art Galleries, 5 Prospect
Place, today.
William F. Rodgers of M-G-M
returned yesterday from Philadelphia.
Felix F. Feist gets in from Chicago
the end of the week.
Fred Quimby arrived from the coast
yesterday and immediately heaved
into a pile of work which accumu-
lated while he was gone.
Howard Leuen, Brooklyn salesman
for Paramount, is the father of a boy.
The event took place Thanksgiving
Day.
Hugh Walpole arrived by plane
yesterday from Hollywood. He'll stay
around town for two days before em-
barking for London.
Walter Wanger, producer of "The
President Vanishes," is in New York
from the coast. He'll be here two
days. Maybe three.
J. Robert Rubin hies to Philadel-
phia today to testify in that double
feature trial.
Walter Eberhardt sails south on
the Monarch of Bermuda tomorrow.
Mrs. E. accompanies him.
Isadore Rappaport, Baltimore ex-
hibitor, was in town yesterday con-
ferring with Herschel Stuart.
George Schaefer and Milt Kusell
are back from a week-end on Chesa-
peake Bay.
George Dawes, Samuel Goldwyn
representative, is in Chicago to handle
exploitation there.
James Ross Grainger spent his
day yesterday in Boston. Back today.
Kitty Carlisle and her mother are
at the Ritz Tower.
Harry Gold is back from Char-
lotte and other southern cities.
June Knight and her new hus-
band, Paul S. Ames, are in town.
James Cagney is in town for a
two-week vacation.
Ed Hurley is in from the coast.
MOTION PICTURE
DAILY
Wednesday, December 5, 1934
Insiders' Outlook
(Continued from page 2)
Acuities than they have en-
countered from the criticism of
the churches."
What is this new menace?
Hold on to yourself and con-
tinue :
"The objectionable feature of
some recent films is the Com-
munistic character.
"If motion pictures are to be
used for Communistic propa-
ganda, it will not be long be-
fore the American government
will have to step in to censor
and suppress such propaganda
and directly to supervise the
film companies responsible for it
and see that they are conducted
on a patriotic American basis."
Periodically, Hearst editorially
strikes out for Federal censor-
ship. He seems committed to fur-
thering the idea and the excuse
seems to make little difference.
Why? . . .
T
Homespun philosophy about
theatre operation, furnished
from the fount of common sense
which seems to be Mrs. A.
Baier's. She runs the suburban
Lindbergh in Kaycee and is sec-
retary of the I. T. O. of that
city. The kernel of her analysis
is as true as it is simple. She
holds to the thought exhibitors
would be far better off if they
tended to their own business and
worried less about other theatres
and what they do.
"The reason that so many
exhibitors think they will be
forced to close their doors if
some downtown theatre goes on
a price rampage or a, suburban
competitor adopts an unfair
trade practice is because they
are obsessed with a 'fear com-
plex.' If every suburban ex-
hibitor would devote the time to
going after business that he
spends worrying about his com-
petitor or trying to meddle in
his affairs, he would have little
to worry about."
T
What convinced Mrs. Baier
was last week-end. Apprehen-
sive over the way Loew's Mid-
land was plugging its cut rates
in large newspaper space, she de-
cided to do some exploitation of
her own. She sent 5,000 folders
to her mailing list, advertising
this week's shows.
"Business picked up consid-
erably, and I found I didn't
have to worry about Loew's or
any one else," Mrs. Baier con-
cluded. "I am going to do some
more advertising."
And now to other matters. . . .
T
Metropolitan area operators
are fuming, uselessly so far, over
the recently enacted half-of-one-
per-cent-of-the-gross tax. It runs
into money, much money and
what is creating the excitement
is the claim the levy is discrim-
inatory. No tax on profits is this,
they say, but a tax on receipts,
win, draw or lose. The latter
MOTION PICTURE DAILY*
HOLLYWOOD PREVIEW
(Continued from page 4)
Carr is good in the stereotyped role as lady friend number one. Clifford
Healtherly contributes robust comedy as an elderly playboy. Monty
Banks, who plays a comedy role, also competently directed.
The film measures up to the average American product, having been
made before by Warners with Warren William and Marion Marsh.
Running time, 65 minutes. Production code seal No. 094. "A."
"Sweet Adeline"
( Warners)
Hollywood, Dec. 4. — Being a lavish musical spanning the Spanish-
American War era, the plot outlines the rise of a beer garden singer
(Irene Dunne) to stage affluence with love tribulations along the way.
Reflecting the tempo of the hansom cab days, the film's feeling and
mood blend with the charm and leisure of the period.
Miss Dunne's beauty and refinement harmonize with the story. Hugh
Herbert stands out as one af the screen's funniest comics with his rare
drolleries rounded by pathos always uncorking laughter. Ned Sparks,
too, contributes his exclusive, dry, wry humor for good reactions. Louis
Calhern is the romantic heavy and Winnie Shaw the vamp heavy. Phil
Regan sings well. Nydia Westman's comedy, Noah Beery's basso pro-
fundo and Joseph Cawthorn's antics round out the cast. Dorothy Dare
warbles while looking okay.
Mervyn Le Roy's usual bouncy direction in this keeps to the deliberate
screen play adapted from Jerome Kern's and Oscar Hammerstein's
book with the music by Kern. Sol Polito photographed well.
The swing ensemble number with Miss Dunne trilling and Bobby
Connolly's girls spinning is a thrilling, esthetic creation.
The take in the key spots should be an indicator for the subsequent
run results. Running time, 90 minutes. Production code seal No.
416. "G."
seems to have it, by unanimous
squawks. . . . Garbo continues to
make swell copy. Witness the
Universal Service cable — special,
mind you — from Berlin of her
quitting Hollywood next year to
do a legit play in Stockholm.
Maude Adams, for years, was
mysterious as' to her movements,
press interviews and the like. It
worked and worked well, as any-
one who knows his stage history
at all appreciates. . . .
KAN N
Tucker Made Manager
Atlanta, Dec. 4. — Ed Tucker, for-
mer assistant ad sales manager at the
local Fox exchange, has been advanced
to manager.
London, Dec. 4. — Charles Munroe,
who accompanied S. R. Kent from
New York, is en route to Sydney,
Australia.
Mayer Is Conferring
Charles Mayer, former salesman in
the Boston exchange and recently ap-
pointed assistant to Manager L.
Prouse Knox at the Fox branch in
Bombay, India, is in New York con-
ferring with Clayton Sheehan before
leaving to take over his new duties
some time next month. He sails
Dec. 14.
Fox Buys "Farmer*'
Fox has purchased "The Farmer
Takes a Wife," current New York
stage hit.
Hollywood, Dec. 4. — Winfield
Sheehan will produce "The Farmer
Takes a Wife" with Janet Gaynor
and Spencer Tracy.
Bank Payoff Starts
Spending in Detroit
(Continued from page 1)
spending part of the $65,000,000
First National Bank of Detroit pay-
off which is being distributed to over
650,000 depositors.
In theatres for the past week, and
promising to continue for some weeks
to come, thousands upon thousands of
dollars have gone through the ticket
windows with capacity houses the rule
for all sorts of shows.
The "Follies" at the Cass Theatre
had capacity houses the nine per-
formances it played here. Prices for
the attraction were $3 top. For "Tris-
tan and Isolde" at the Masonic Audi-
torium there were more than enough
customers to fill the 4,700 seats.
The past week-end found most of
the film houses doing a landoffice
business.
Employment in the motor car plants
has picked up the past few weeks and
is on a steady upgrade. Neighborhood
house managers are very enthusiastic
about the winter outlook.
Col. Signs Carminati
Hollywood, Dec. 4. — Tullio Car-
minati, who arrived here last week,
has been signed by Columbia for one
picture through the Joyce-Selznick
office. Preliminary negotiations were
started in the east and completed here,
Carminati will make one for Fox
after the Columbia deal, provided ne-
gotiations now pending are closed.
The Fox deal is for a part in "Adios
Argentine."
Daniel M. Winkler, handling ra-
dio, vaudeville and personal appear-
ances for Joyce-Selznick, plans to
leave for the coast in two weeks. He
arrived last week.
Production Gains
By Four Features
(Continued from page 1)
division a total of three working, 11
preparing and 20 in the cutting rooms.
Paramount leads the field with
seven features working, two preparing
and four editing; M-G-M has six, one
and nine ; Warners, six, one and
eight ; Fox, three, three and five ;
Columbia, three, one and six; Uni-
versal, three, one and three ; Goldwyn,
one, zero and zero; Century, one, one
and one; Radio, one, three and three;
independents, five, four and five.
The short subject division shows
M-G-M has none in work, two pre-
paring and three editing; Roach, zero,
two and three ; Columbia, zero, one
and five ; Radio, zero, one and five,
while the independents have three,
five and four.
Sam Wood Has Plans
For His Own Films
(Continued from page 1)
coast for New York several weeks
ago and plans to resume negotiations
when he returns next week.
Wood is working on an adaptation
of "The Melody Lingers On" and
intends to fly to Hollywood Friday
with Edward Small for the U.S. C.-
Notre Dame game on Saturday.
While here Wood will line up
writers for his future productions. He
has a number of stories in mind, on
two of which he has options, to take
back with him. A deal with Charles
MacArthur and Ben Hecht for one
picture fell through last week because
of a play the producers are working
on in addition to another picture they
will put into work at the Eastern
Service Studios shortly.
If the deal materializes with Erpi,
Wood intends to develop his own
talent. He is dickering for a number
of players here and may take them
to the coast with him for picture
build-ups.
Texas Price-Fixing
Suit Comes Up Today
(Continued from page 1)
Theatres, Inc. Glass seeks an injunc-
tion to stop alleged ruinous price fix-
ing through a conspiracy of the de-
fendants and major producing com-
panies.
At the first hearing, Dec. 1, in the
Fourteenth District Court before
Judge W. M. Taylor, defendants ar-
gued that the acts complained of con-
stitute a phase of interstate commerce,
over which local courts have no juris-
diction. The taking of depositions
occupied the session Dec. 1, and the
hearing was postponed to tomorrow.
Action, Little Talk
Wanted, Says Kelly
San Francisco, Dec. 4. — "Foreign
movie audiences want pictures that
are high class but not high hat. Pic-
tures that tell a down-to-earth story
with a maximum of action and a
minimum of dialogue are the most
popular," said Arthur W. Kelly, vice-
president of United Artists in charge
of foreign distribution on his arrival
here today from Japan. He has been,
on an eight-month tour of the world.
He will leave here for New York by
way of Hollywood, arriving in the
east Dec. 10.
JOHN J. FRIEDL
Operates
63 theatres,
spends upward
of $1,500,000
annually for film.
He reads
MOTION PICTURE
DAI LY
The Industry Buying Power Reads
MOTION PICTURE DAILY
There's a BRIGHT SPOT for a Holiday Program
A
IN EACH OF THESE
SHORT FEATURES
FROM EDUCATION A
Mi
X
"DAY DREAMS"
A child's dream of Santa
'// Claus. A beautiful Christ-
/ mas fantasy. 1 reel
31c
"SONG OFVIENNA"
The beauty of old Vienna
caught in picture and song.
1 reel
"THE HOUSE WHERE
I WAS BORN"
A Song Hit Story with Sylvia
Froos and Frank Luther sing-
ing a song of home that is
full of sentiment and appeal.
1 reel
"YOUR STARS FOR
1935"
A timely subject, with WYNN,
famous astrologer, forecasting
the outlook for the New Year.
1 reel.
f=3'
"THE
OWL AND
THE PUSSY
CAT"
Three new two-reel comedies with mu:
that are full of mirth and melody
"THE GIRL FROM PARADISE"
With Sylvia Froos, Frank Luther, George Shelton,
and N.T.G. and the Paradise Revue.
"THREE CHEERS FOR LOVE"
With Sylvia Froos and Warren Hull.
A Young Romance Comedy
"NIFTY NURSES"
With Johnny Downs and Sally Sweet. A comedy wit!
as many big laughs as you've heard in a year.
"RIP VAN
WINKLE"
by Frank Moser and Paul Terry
Wherever there are children,
or adults with merry hearts,
in an audience, a Terry-Toon
is an ideal Holiday booking.
//"PAGLIAa
Scenes from the c|
With Henry Hulj.l
duced by William i
^Mille.
llH THREE
BEARS'
km
DBoy
BLUE-
Distributed in U.S. A
by FOX Film Corporatior
The Leading
Motior
Picture
Industry
MOTION PICTURE
DAILY
Alert,
Intelligent
the In
in All
Branches
VOL. 36. NO. 133
NEW YORK, THURSDAY, DECEMBER 6, 1934
TEN CENTS
1st Division
Will Release
"Time" Series
First Issue Is Set to
Appear in January
First Division will handle the dis-
ribution of "The March of Time"
;eries dramatizing the news events of
he day, it was revealed yesterday by
Harry H. Thomas, president of the
rompany. The first release is ex-
acted to be out in January. The
ilms will be issued at the rate of one
i month, each running about 20 min-
jtes.
The series is being produced by a
lew company, The March of Time,
Inc., the officers of which are Roy E.
Larsen, general manager of Time ma-
gazine and producer of "The March
i>f Time" radio broadcasts, president ;
|ohn S. Martin, managing editor of
{Continued on page 4)
Fox and Paramount
Are After "Battle"
Competitive bidding for national dis-
tribution rights to "The Battle" has
Paramount and Fox angling with
Leon Garganoff for the French-made
picture now current at the Criterion.
Although scheduled to make its exit
at the Criterion yesterday, "The Bat-
tle" is being held over until Dec. 14
because of unusual business in the last
few days." "Dealers in Death" goes
in after "The Battle."
Palmer Plea to Be
Presented Dec. 14
The U. S. Circuit Court of Appeals
yesterday set Dec. 14 as the date for
bearing of an appeal by Archibald
Palmer, counsel, from an order by
Federal Judge Julian W. Mack deny-
ing him leave to examine members of
the bondholders' protective commit-
tee of Fox Metropolitan Playhouses
{Continued on page 4)
Ohio Senate Passes
New Type Sales Tax
Columbus, Dec. 5. — With an un-
expected shift, the Senate has passed
a bracketed sales tax which carries
with it repeal of the present 10 per
cent admission tax. The measure now
goes back to the House for a com-
promise, as the bill passed there last
{Continued on page 4)
Be assured of dependable delivery and ship
via National Film Carriers, Jnc. — Adv.
Clearance Is Exhibitors '
Big Problem — Kuykendall
The biggest problem confronting
exhibitors today is the fact that clear-
ance and zoning schedules have not
been established, Ed Kuvkendall, pres-
ident of the M.P.T.O.A., stated yes-
terday.
He said he had made a tour of
Phoenix, Ariz. ; Dallas and Tex-
arkana, Tex. ; Hot Springs, Ark. ;
Nashville and Baton Rouge, where he
met exhibitors and discussed condi-
tions and the code. Kuykendall said
the code has fixed up things in some
places and hurt in others and reaction
to the code in general is mixed. He
said clearance and zoning is the main
source of complaint.
"Exhibitors feel that Code Authority
should officially establish clearance and
zoning schedules, since theatre own-
ers do not want to make individual
protests and make enemies with ex-
change men and circuit buyers."
Kuykendall will leave Saturday for
There Was a Day —
In presenting his overbuy-
ing case to an appeal com-
mittee consisting of Ed Kuy-
kendall, E. T. Gomersall and
William Yoost, Sidney Sam-
uelson, acting for the Liber-
ty, Plainfield, yesterday read
the section of the code deal-
ing with this subject and
then added:
"I presume you gentlemen
are familiar with the code."
Kuykendall retorted: "We
used to think so."
Charlotte to attend the two-day annual
convention on Dec. 9-10 of the Thea-
tre Owners of North and South Caro-
lina. His daughter, Jerry, is in New
York.
Chicago Pair
Here to Argue
Over Releases
Protests against the present releas-
ing system in Chicago as it affects 10
per cent cancellations will be made to-
day to Campi by Aaron Saperstein
and Jack Miller, representing inde-
pendent exhibitors in that territory.
The showmen arrived here yesterday
prepared to meet John C. Flinn and
present their complaint, but since the
executive secretary of Campi did not
arrive from the coast until late in the
evening, the meeting was put off un-
til this morning.
Windy City exhibitors hold that re-
leases of pictures differ with indivi-
dual territories ; that exchanges have
{Continued on page 7)
Warner Fire Fails
To Halt Producing
Warners' production will not be
handicapped by the fire which swept
a number of outdoor sets Tuesday
night at the Burbank studios on the
coast, according to a statement issued
yesterday by H. M. Warner.
Damage was estimated at several
hundred thousand dollars, but the
flames did not reach any of the sound
{Continued on page 4)
Club Leaders
Hit Duals in
Phila. Court
Philadelphia, Dec. 5. — The Perel-
man suit resumed today after a one-
day recess with women's club officials
furnishing delense testimony. Mrs.
Jane F. Looram, international chairman
of the M. P. Division of the Federa-
tion of Catholic Alumnae, stated that
in her opinion double featuring nulli-
fies the object of the association's
work, because it is difficult to get two
pictures of the right type for a chil-
dren's show.
She told of a mother who had ap-
proved her son's visit to a house show-
ing "Peck's Bad Boy," only to find
that "The Affairs of Cellini" was on
{Continued on page 4)
Chase Men Busy on
General Theatres
Chase National Bank heads are work-
ing out a new plan of reorganization
for General Theatres Equipment Corp.,
it is understood. The present tour
of Winthrop W. Aldrich, chairman of
the Chase board, with H. Donald
CampbelL president, and other officers,
is understood to be for the purpose
of studying theatre conditions and the
{Continued on page 4)
Seek 3 Para.
Directors by
December 27
Want Board of 12 Ready
For Court Hearing
Selection of three additional direc-
tors of Paramount Publix to comply
with a provision that the board shall
consist of a minimum of 12 members
is under way in reorganization cir-
cles and is expected to be completed
before Dec. 27, the date on which a
creditors' hearing on the reorganiza-
tion plan will be held before Federal
Judge Alfred C. Coxe.
Indications are that the three posts
remaining at this time will go to a
representative of the bank creditors,
one of Allied Owners and the third to
a general creditors' representative who
will probably be a man with industry
or allied experience. The three new
candidates will replace Austin
Keough, Paramount secretary ; Wal-
ter B. Cokell, treasurer, and Max D.
{Continued on page 4)
Revised Comerford
Deal Before Joyce
A revised agreement providing for
the retirement of Paramount's out-
standing obligations remaining from
acquisition of the 61 Penncom theatres
from M. E. and M. B. Comerford and
Frank C. Walker in 1930 was taken
under advisement yesterday by Special
Master John E. Joyce, following a
hearing on the new agreement sub-
mitted by counsel for Paramount Pub-
lix trustees.
Under the agreement, net receipts
of Penncom, after operating expenses
and provisions for reserve and current
obligations, are to be applied to the
{Continued on page 4)
Rosenblatt Hopeful
On Coast Situation
Washington, Dec. 5. — Still hope-
ful that an amicable settlement of the
controversy between producers and
actors over a code of fair practice
may yet be reached, Compliance Di-
rector Sol A. Rosenblatt today re-
turned to Washington after a week
{Continued, on page 7)
RKO Cut to Widen
Price War in K. C,
Kansas City, Dec. 5. — The local
price war will be extended Friday
when the RKO Mainstreet's balcony
{Continued on page 2)
MOTION PICTURE
DAILY
Thursday, December 6, 193*
MOTION PICTURE
DAILY
(Registered U. S. Patent Office)
Vol. 36
December 6, 1934
No. 133
Martin Quigley
Editor-in-Chief and Publisher
MAURICE KANN
Editor
JAMES A. CRON
Advertising Manager
Published daily except Sunday and holi-
days by Motion Picture Daily, Inc., sub-
sidiary of Quigley Publications, Inc.,
Martin Quigley, President; Colvin Brown,
Vice-President and Treasurer.
Publication Office: 1790 Broadway, New
York. Telephone Circle 7-3100. Cable ad-
dress "Quigpubco, New York." All con-
tents copyrighted 1934 by Motion Picture
Daily, Inc. Address all correspondence to
the New York Office. Other Quigley pub-
lications: MOTION PICTURE HERALD,
BETTER THEATRES, THE MOTION
PICTURE ALMANAC and THE CHI-
CAGOAN.
Hollywood Bureau: Postal Union Life
Building, Vine and Yucca Streets, Victor
M. Shapiro, Manager; Chicago Bureau: 407
South Dearborn Street, Edwin S. Clif-
ford, Manager; London Bureau: Remo
House, 310 Regent St., London, W. 1,
Bruce Allan, Representative. Cable address:
"Quigpubco, London"; Berlin Bureau:
Berlin - Tempelhof , Kaiserin - Augustastrasse
28, Joachim K. Rutenberg, Representative;
Paris Bureau: 19, Rue de la Cour-des-
Noues, Pierre Autre, Representative; Rome
Bureau: Viale Gorizia, Vittorio Malpassuti,
Representative; Sydney Bureau: 102 Sus-
sex Street, Cliff Holt, Representative; Mex-
ico City Bureau: Apartado 269, James
Lockhart, Representative; Glasgow Bureau:
86 Dundrennan Road, G. Holmes, Repre-
sentative; Budapest Bureau: 3, Kaplar-u,
Budapest, II, Endre Hevesi, Representa-
tive; Moscow Bureau: Civtzev Vrazhek,
N. 25, Apart. 146, Moscow, U. S. S. R.,
Bella Kashin, Representative. Cable ad-
dress: "Samrod, Moscow."
Entered as second class matter, January
4, 1926, at the Post Office at New York
City, N. Y., under Act of March 3, 1879.
Subscription rates per year: $6 in the
Americas, except Canada $15 and foreign
$12. Single copies: 10 cents.
Use of Technicolor
Gains in New Films
Hollywood, Dec. 5. — A checkup
among the major studios indicates an
increase in the use of the Techni-
color three-color process for features.
Radio's production, "Becky Sharp,"
will be entirely in color. Two War-
ner productions, "Gold Diggers of
1935," and "In Caliente," will have
color sequences and Jesse L. Lasky's
next for Fox, "Redheads on Parade,"
will have one reel in color.
Jack Cohn Outlines
Foreign Situation
Hollywood, Dec. 5. — Jack Cohn is
here to talk over foreign production
angles with Columbia studio heads
from data picked up during his recent
sojourn in Europe, the executive told
Motion- Picture Daily today.
Cohn expects to return to New
York with a print of the Edward G.
Robinson picture, "A Passport to
Fame."
RKO Cut to Widen
Price War in K. C,
{Continued from page 1)
scale will be cut to IS cents matinees
and 25 cents nights, with the 40-cent
admission for orchestra seats at night
retained. This will meet the Loew's
Midland prices. Whether RKO will
go back to the present scale before
Christmas will depend on the Mid-
land's action, it is understood. The
Mainstreet will also drop stage shows
for two weeks.
Edward A. Home Dead
Edward A. Home, manager of the
print and negative department of
RKO, died yesterday of a heart ail
ment at his home in Manhattan. He
was 42 years old and had been asso-
ciated with RKO and F.B.O. for the
past 15 years. He is survived by his
widow, Catharine, and one daughter
Funeral arrangements had not been
completed up to late yesterday.
Chicagoans in Town
Barney and John Balaban are in
New York from Chicago. The former
returns home today.
Leo Spitz, former power in Para
mount during the Sam Katz regime,
is also visiting, en route to Florida,
Jack Miller, head of the Chicago
Exhibitors' Ass'n, and Aaron Saper
stein, his rival in Allied of Illinois,
also are here.
Screen Drivers' Faults
Driving faults which cause most of
the accidents are shown in a cartoon
comedy called "Once Upon a Time."
produced recently by Audio Prod, and
now sponsored by the Massachusetts
Department of Public Safety. Massa-
chusetts houses are cooperating with
Lieut. Colonel Paul G. Kirk, commis-
sioner, in showing the film.
Extra Columbia Dividend
Columbia Broadcasting System, Inc.,
has declared a quarterly cash dividend
of fifty cents a share, plus a special
cash dividend of $1 a share, on the
Class A and Class B stock.
The dividends do not apply to the
fifty per cent stock dividend previous
ly declared.
Millet Heads Empire
Jack Millet has been elected presi
dent of the Empire State M. P. Op
erators' Union to succeed Arthur
Farkash. Another new officer is
James Addessa, former vice-president,
who replaces Joseph Blatt as business
agent.
Trouble Ahead
The Jewish Theatrical Guild
met at the Ritz Theatre over
the week-end. George Jessel,
first vice-president, spoke,
and in the course of his talk
made the prediction that the
Jews, particularly those of
America, were heading for
trouble with Italy, since
Eddie Cantor was on his way
to Genoa — to try and get
Italians to drink that par-
ticular brand of coffee.
Selznick Is Silent on
New Company Report
Hollywood, Dec. 5. — David O.
Selznick refuses to discuss reports that
he and his brother, Myron, are plan-
ning to form Lewis J. Selznick Prod.,
a new company, as a memorial to their
father. The reports were to the effect
that Myron would retire largely from
the agency business to devote his time
to the new company.
Sees Foreign Gains
From Film Cleanup]
Hollywood's response to the cleat
picture demand crystallized in the Le-
gion of Decency movement is making
American films better international!
merchandise in the opinion of J. Hi
Barker, Jr., managing director oi
Western Electric Co., Australia3 Ltd.,
who is in New York from Sydnej I
"The reaction of the motion picture
industry of Australia and related ter-l
ritories has been most favorable," re-p
marks Barker. "It is perhaps no
realized here how close the motioT
picture industry is to the governmen
in Australia and how readily com
plaints aimed at quota restrictions am
the like can get hearing in importan
places. Material not adjusted to ths
standards of conduct and viewpoint
of the whole public can all too easih
afford talking points that can grov
into commercial obstacles and prob
lems.
"Australia now expects, and doubt
less is to get, a flow of product whicl
will be found much more general);
acceptable and which will conduce t<
vastly better business."
Taylor on Buck Film
Van Beuren Prod, yesterday signed
Ray Taylor to direct the next Frank
Buck feature, tentatively titled "Fang
and Claw." Buck sails on the Beren-
garia tomorrow for Singapore, his
base.
Taylor's last picture was "The Re-
turn of Chandu" for Sol Lesser.
Attend Albany Dinner
Max B. Blackman, president, and
Jules Levey, vice-president of the na-
tional Warner Club, last night accom-
panied Harold Rodner to Schenectady
where the Albany unit held its second
annual dinner and dance at the Palo
rama Club.
Schine Circuit Signed
Jack Schlaifer, special sales repre
sentative of Gaumont British, has
closed a deal with the Schine Theatri
cal Enterprises, Inc., for the entire
product of his company.
Schlaifer left last night on a tour
of mid-west key cities.
Most on Big Board Advance
Net
High Low Close Change
Columbia Pictures, vtc 4044 4054 4054 — 44
Consolidated Film Industries 4*5 4 444+54
Consolidated Film Industries, pfd 19*5 18*i 19*5 +1*4
Eastman Kodak 11354 113 11344. +154
Eastman Kodak, pfd 141*5 141*5 141*5 +3
Fox Film "A" 14*4 13% 14
Loew's, Inc 36% 3654 36*4 — 54
Loew's, Inc., pfd 10444 10444 10444 +44
Paramount Publix 344 3*5 3*5 — 54
Pathe Exchange 1*4 1*8 1*8
Pathe Exchange "A" 14 13*5 14 + 54
RKO 2*| 144 2 +54
Warner Bros 5*8 V/% 5 +54
Warner Bros., pfd 2444 22 23 + *5
Curb Issues Remain Unchanged
Net
High Low Close Change
Technicolor 13% 1344 13%
Trans Lux 2*4 2 2
RKO Bonds Jump 3V2 Points
Net
High Low Close Change
General Theatre Equipment 6s '40 8% 8*4 8% +44
General Theatre Equipment 6s '40, ctf 844 8 8 — 54
Loew's 6s '41, ww deb rights .....105 10444 10444 + 54
Paramount Broadway 5*5s '51 44*5 44*5 44*5 + 54
Paramount F. L. 6s '47 61*4 60 6154 +1*4
Paramount Publix 5*5s '50 61*5 60 6144 + %
Pathe 7s '37, ww r. 99*5 99*5 99*5
RKO 6s '41, pp 36*4 34 36*4 +3*5
Warner Bros. 6s '39, wd 61 60 60% + %
Sales
1.400
2,400
6,200
300
2,000
2.000
15,400
500
7,000
800
600
124
9.800
39,000
Sales
1,000
300
Sales
47
45
Plan Wis. Indie Group
Milwaukee, Dec. 5. — Plans for
strictly independent state-wide exhib
itors' association without national af
filiation will be laid by a committe
of the Wisconsin M. P. T. O. an
Allied members at a meeting here tc
morrow.
New Press Book Policy
Under a new policy Warner-Fir
National press books will be issu€
four weeks ahead of release dates, or
coming off the presses every Frida;
The first book issued under the ne
arrangement is that on "Sweet Ad<
line."
Warners Sign Donat
Hollywood, Dec. 5. — Robert Dons
now in London, has been signed
Warners to a long term contract. H:
first will be "Captain Hood." Tl
actor arrives from England abo)
April 1.
Sells Product in Cuba
R. K. Hawkinson, LatiiT-Americ
Division Manager for RKO, h
closed a deal with the Cuban-Amer
can Film Co. for Cuban distributic
of the entire Radio lineup for 1934-1
Hawkinson arrived here yesterday.
Bamberger Now Managt
Leon J. Bamberger, who has be,
connected with sales promotion f
RKO Distributing Corp., has be
given the title of promotion sales ma
ager by Ned E. Depinet, president
the corporation.
Drive Nets $120,315
Hollywood, Dec. 5. — The first t\
weeks of the Community Chest Dri
have netted $120,315, or 53 per ce
of quota, from the film division, a
cording to the Producers' Ass'n.
Lila Lee Is Married
Lila Lee was married yesterday
Harrison, N. Y., to Jack R. Peii
son of a clothing manufacturer
Chicago and brother of Virginia Pi
of the films.
J
• THE PICTURE OF THE WEEK •
The book that made a hundred million Americans laugh at
themselves — and love it! That helped make its author
the only American writer to win the priceless Nobel Prize —
Sinclair Lewis' "BABBITT"
becomes the outstanding screen entertainment of the week thanks
to the expert craftsmanship of Aline MacMahon, Guy Kibbee,
director William Keighley, and Warner Bros. Released Dec. 8th.
(A First National Picture)
-
MOTION PICTURE
DAILY
Hollywood Personals
Hollywood, Dec. 5. — Max Reinhardt interviewing 500 ballet
dancers for atmosphere in "Midsummer Night's Dream" at War-
ners . . . George Bricker and Joe Sayer collaborating on the script
for "Sport Page" at Warners . . . Ann Sothern hires two body-
guards . . . Mayfair will open the season with a formal party
Dec. 8 following the Notre Dame-U. S. C. game . . . Gene Markey
busy working on a new novel . . . Morrison Chapin, Paramount
writer, off for a vacation in the East . . . Jackie Cooper back from
his personal appearances East . . . Wallace Ford to play lead in
"The Nut Farm" for Monogram . . . Pete Harrison in town . . .
M-G-M has a letter from a woman in San Jose wanting to know
what Maurice Chevalier said in French in the "Merry Widow" to
the king in the queen's boudoir. . . .
4
3 Para. Directors
Sought by Dec. 27
(Continued from page 1)
Howell, vice-president of Chemical
Bank & Trust Co., who filled in the
vacancies to meet the minimum board
membership provision for the purpose
of presenting the reorganization plan
to the court last Monday.
The board will remain inactive from
now until such time as the reorganiza-
tion plan has been accepted by the
court and placed in effect. Its mem-
bership of a minimum of 12 will prob-
ably be unchanged for some time
thereafter, although by-laws of the
new company permit a maximum
membership of 16. An election of
officers and appointment of a manage-
ment advisory committee to the board
will not be held until after the plan
has been accepted by the court. Until
that time the Paramount trustees,
Charles D. Hilles, Eugerte W. Leake
and Charles E. Richardson, continue
in full charge of the company.
The advisory committee will un-
doubtedly consist of leading execu-
tives in the production, distribution,
management and theatre departments
and will be consulted by the board on
all technical and specialized problems.
There is also under consideration a
plan for retaining, on occasion, out-
side experts on realty, production,
story material and technical subjects
for special advisory work for the
board.
The nine members of the board thus
far permanently placed include the
following representation : Dr. Julius
Klein, Duncan G. Harris and Frank
A. Vanderlip, for bondholders ; Mau-
rice Newton, for stockholders ; Gerald
Brooks, for both stockholders and
bondholders; Percy H. Johnston and
Charles A. McCulloch for bank
creditors ; Adolph Zukor, for manage-
ment, and Henry R. Luce for general
creditors.
Revised Comerford
Deal Before Joyce
(Continued from page 1)
retirement of the 55,330 shares of
Class A stock with a par value of
$5,533,000, held by the Comerford
group. Paramount owns the 62,749
shares of Class B stock of Penncom.
No dividends are to be paid on the
stock for a five-year period ending
Jan. 1, 1938. Priority of the Comer-
ford group's rights over Paramount
claims against Penncom is asserted in
the agreement.
Ohio Senate Passes
New Type Sales Tax
(Continued from page 1)
week provided for a straight three per
cent levy.
Under the terms of the Senate bill,
passed by a vote of 21-7, sales under
a dime are exempt from the tax. From
10 cents to 40 cents the tax is one
cent; from 40 to 70 cents, two cents
tax, with three cents on higher
amounts. Fractional amounts over 70
cents are taxed on the lower bracket
basis.
"Vanishes" to Paramount
"The President Vanishes" opens at
the Paramount tomorrow after all, set-
ting back "Limehouse Blues" to fol-
low the Walter Wanger picture.
Warner Fire Fails
To Halt Producing
(Continued from page 1)
stages or the administration building,
the statement said.
It follows:
"The fire at our Burbank studio was
confined to the south end of the lot
and fortunately did not reach the
sound stages or the administration
building. Therefore, the production
of the pictures which we now have
in work will not be impeded and our
release schedule will not be interfered
with. We are very thankful that Paul
Muni and Michael Curtiz, working
late on 'Black Fury,' saw the blaze
and sounded the alarm before it was
beyond control. Besides 'Black Fury,'
five of our biggest pictures of the
present season are now in production
—'Gold Diggers of 1935,^ 'A Midsum-
mer Night's Dream,' 'North Shore,'
'Living On Velvet,' and 'Devil Dogs
of the Air.'
"My brother, J. L. Warner, vice-
president in charge of production on
the coast, has assured me by telephone
that the blaze on the back lot has not
affected any of these productions in
any way. All the damage is covered
by insurance."
Hollywood, Dec. 5. — One man,
Albert Rounder, 65-year-old chief of
the studio fire department, died of a
heart attack and 15 persons were in-
jured in the fire which swept the out-
door sets on the south end of the
Warner-First National lot early this
morning.
Rudolph Hoop, an actor, and Nick
Potskoff, studio workmen, were among
the most seriously injured among 15
persons hurt.
Seventy-five extras working in
"Black Fury" helped fight the fire
until the arrival of outside fire appa-
ratus.
Warners Apologize,
Polish Ban Lifted
Warsaw, Dec. 5. — The Interior
Ministry today lifted its ban on War-
ner product after the company had
apologized for scenes in "The Life of
Jimmy Dolan" and "The Match
King."
The films contained gangster roles
with the names of Koszciusko and
Pulaski, Polish national heroes, and
were banned six months ago with the
government contending that Polish-
Americans were portrayed insultingly.
Renew with MacDonald
Hollywood, Dec. 5. — Frank Mac-
Donald, dialogue director at Warners,
has had his contract renewed for an-
other six months.
Chase Men Busy on
General Theatres
(Continued from page 1)
outlook for the company, in bank-
ruptcy since Feb. 29, 1932. In the
meantime, Fox, which it controlled
through acquisition of the Fox Class
B voting stock when Harley L. Clarke
was active, has been reorganized.
General Theatres has liabilities of
about $24,000,000, of which $19,000,000
is understood to be owed to Chase.
Coast's Bank Night
Row Back to Campi
Los Angeles, Dec. 5. — After re-
hearing three bank night cases re-
turned to it from Campi the griev-
ance board has decided the theatres
involved are competitive and has sent
the cases back to Campi again for de-
termination.
The cases are : Mrs. Jennie H.
Dodge, Mission, Ventura, against Glen
City, Santa Paula; C. A. Ferry, Gran-
ada, Alhambra, against O. W. Lewis,
Mission, San Gabriel, and M. E. Bay-
lis, Tivoli, West Los Angeles, against
\\ ilshire, Santa Monica.
Palmer Plea to Be
Presented Dec. 14
(Continued from page 1)
under Section 21-A of the Bankruptcy
Law.
Palmer, who also represents Al-
lied Owners' bondholders, a large
Paramount Publix creditor, asserted
that the circuit court's ruling on his
Fox Met appeal would establish a
precedent which would determine
whether or not he would also seek a
21-A examination of the proposed di-
rectorate of reorganized Paramount.
Flash Previews
Lottery Lover — Individual cast per-
formances and tuneful melodies keep
this one interesting, despite a sketchy
story laden with forced humor which
holds it to only average entertain-
ment. . . .
Helldorado — Fantastic drama, build-
ing to a topical thrill climax . . .
mild general entertainment . . . covers
much irrelevant ground. . . .
These Ulrns will be reviewed in full in
a later issue of Motion Picture Daily.
Schubart Honeymooning
Aage Schubart, manager of Radio's
contract department, is now on his
honeymoon somewhere in the vicinity
of Atlantic City. He and Doris Lloyd
of Chicago were married last week-
end.
Thursday, December 6, 1934
Club Leaders Hit
Doubles at Trial
(Continued from page 1)
the same bill. She also said a radi*
speech delivered by herself had brought
opinions against dual bills from 12,000
persons, with only 2,000 favoring th
practice.
George J. Zehrung, chairman of the
film activities of the National Council
of the Y.M.C.A., testified similarly
Mrs. Alary Gwynn Owens, vice- 1
chairman of the General Federation
of Women's Clubs, an officer of the)
D.A.R. and chairman of the Phila- j
delphia M. P. Forum, testified that j
double bills cater to two elements ii
an audience and spoil the good fea-
tures with weaker ones.
A. W. Smith, eastern and southen -;
sales manager for Warners, said thai'
in his opinion his company is making
better shorts than many companie-
making second grade features.
E. C. Grainger, eastern sales man
ager for Fox, stated that his com-
pany has 425 independent accounts ir
this territory against 75 in circuits
He told Judge Welsh the weekly in-
come was about $6,000 from circuit.' I
against $26,000 from independents. Hi:
company leaves the dual problem ti :
the discretion of the local exchangt
manager, he said. He also stated tha
Philadelphia pays more for one featurt
than Boston dogs for two.
George J. Schaefer, Paramount gen
eral manager, testified that since 5'"
per cent of his company's revenue wa
derived from independents there wa
no intention to eliminate them, adding
however, that experience had prove*
duals cause 20 to 25 per cent loss oi i
feature returns. He also said dual
had caused Paramount to discontinu 1
its two-reelers and tended to reduc
quality of product.
J. Robert Rubin, general counsel o
M-G-M, told the court he doubted in
dependents needed duals as an outle
for their product, claiming exhibitor
were on their knees asking for gooi
films. He agreed that duals made fo
lower standards of production.
Sam Gross, local exchange man
Frank MacNamee and Edward Man
sell offered corroborative testimom
First Division Will i
Release "Time" Red
(Continued from page 1)
Time, editorial director, and Loui.
de Rochemont, former Fox Movieton '.
production executive, technical direc
tor.
That a deal for distribution of th
dramatized newsreel through Fir;
Division was underway was publishe;
in Motion Picture Daily on Ned
15.
The understanding is that the tieu
between First Division and 7»»fcl
which is backing the venture, wa
worked out through the suggestion
of the Curtis-Fiske-Ludington grou
which recently acquired a half intere;
in the distributing organization.
It is understood that at the stai
sales will be limited, the country bein,
divided into 3,000 areas, in each d
which one exhibitor will get the ree'
The theory is that this arrangemen
will give each exhibitor full benefit c
the promotion and will build a deman
for the films. It is also understoo,
exhibitors will be allowed to terminat
their contracts should they feel th
reels to be unsatisfactory.
I NOMINATE THIS
CAMPAIGN FOR
FIRST PRIZE
in the Quigley Awards for Show-
manship in the M. P. Herald"
BABES IN TOYLAND
(LAUREL- HARDY FULL LENGTH M-G-M FEATURE)
At the Stillman, Cleveland. Harry Long, Manager
J President Roosevelt in person responded by telephone
to an offer to give proceeds of Midnight Show to Warm
Springs Fund. Result: front page publicity!
2# Staged arrival of print from Hollywood via United Airlines
* . . . airport picture used by Press.
2# World premiere midnite Wednesday preceded by band pa-
rade . . . including persons wearing paper mache heads . . .
red flares . . . banners . . . arc lights in front of theatre . . .
broadcast on sidewalk thru WGAR by invited guests such
as the Governor-Elect Davey . . . Mayor Davis and others
. . . Radio Station providing local talent entertaining be-
tween introductions.
4 All celebrities and invited guests received Jumbo telegrams
of invitation delivered by Postal Telegraph messengers in
tie-up with that company.
5. Distribution of 8,000 advertising toys to pupils as they left
the various public schools.
^ Tie-up with Old Gold for placing of. theatre and playdate
stickers on colorful Laurel and Hardy posters in all im-
portant cigar stores and counters in city.
7. Tie-up with leading stores in city for toyland window dis-
plays . . . using attractive signs on easels giving name of
attraction . . . theatre and playdate.
8 . Bookmarks in twenty-five public library branches.
Q Posters on both sides of 35 Superior Transfer trucks float'
' ' ing target day and night . . . delivering local newspapers
from plants to railroads also merchandise from leading
stores.
l/> "Babes in Toyland" float . . . two scenes from the picture
on attractive flat truck . . . illuminated at night will parade
thru downtown thoroughfares as an advance ballyhoo,
prior and during engagement and then entered in monster
Pre-Christmas parade sponsored by Cleveland Press similar
to that of Macy's in New York on Thanksgiving Day.
11 Lead stories in Plain Dealer and News of Nov. 26th with
• art . . . special story in Press of same date part of Toyland
Parade announcement.
12.
13.
14.
15.
16.
17.
18.
19.
20.
Cleveland Press dated Nov. 27th using art and story on
"Babes in Toyland" as picture presentation at Stillman
and reproduction of scenes on float for Parade, on
December 7th.
10,000 Teaser football heralds distributed at Cleveland
News Skippies game at League Park, November 25th, for
Christmas Fund . . . also at Reserve-Carroll game on
Thanksgiving Day closing local football season.
Increased newspaper advertising Space.
1,000 stickers on morning newspapers delivered to guests
at Hotels Carter, Hollenden and Fenway Hall.
One sheet colorful poster on cards exhibited in lobbies of
Hotels Statler . . . Cleveland . . . and Allerton.
Advance lobby displays . . . screen trailers.
1,000 Gummed stickers on Mullaire Cleaning bags to
homes.
Laurel and Hardy "reserved" cards for tables in leading
restaurants and hotels.
"Babes in Toyland" ice-cream cones for kiddies in 48
Marshall Drug stores . . . posters behind fountain and in
windows.
P. S. And the business was sensational* You're next!
Hal Roach's BIGGEST FEATURE LENGTH SUCCESS!
BABES IN TOYLAND featuring LAUREL - HARDY
and Great Cast in Victor Herbert's spectacular Musical Stage Hit!
itor
MASCOT PICTIIPFS CORPORATION
1776 BROAD'/
MFW YORK. J
hursday, December 6, 1934
MOTION PICTURE
DAILY
rhree Clearances
Up to Campi Today
Three clearance and zoning sched-
les, Kansas City, Buffalo and New
laven, will be discussed today by
rampi at its meeting which will be
resided over by Charles L. O'Reilly,
ohn C. Flinn, who returned late last
ight from Chicago, will not make a
eport on the coast situation due to
ack of time for preparation. Deputy
"idminist'rator William P. Farnsworth,
iho attended a session of the Legi-
imate Theatre Code Authority here
esterday, will represent Compliance
Director Sol A. Rosenblatt.
Action on the Kansas City plan will
e held up because of the price war,
ihich has not yet been settled; the
Buffalo schedule will be returned as
ot being in conformance with the 12
asic principles of clearance and zon-
ng set down recently, and the New
laven plan, while it may be approved
or publication, cannot be adopted until
general hearing is held.
Some weeks ago the New Haven
chedule was returned with specific
nstructions on setting up clearance,
nd while it is in good shape, it will
lave to be returned to the local board
nd a public hearing held before it
an be put into effect.
Flinn Returns With
Favorable Reports
Returning from a short trip to the
roast where he sat with the studio
abor, standing and registration com-
mittees for extras, John C. Flinn last
night reported "everything is in splen-
did condition." He returned by plane
from Chicago where he spent two
days.
The Code Authority executive sec-
retary stated, that while in Lqs An
geles and Chicago, he acquainted him
self with the records of the local
boards and found everything going
along smoothly. He did not sit with
any exhibitor bodies, he said.
While the Los Angeles schedule is
in pretty good shape, Flinn added it
is still before Campi. He could not
tell when it would be put into effect
He expects Campi to clarify the Kan-
sas City clearance and zoning sched-
ule today, which may, in turn, expe
dite zoning throughout the country.
Overbuying Charged
By Morris Kutinsky
Morris Kutinsky has filed an over-
buying complaint against A. H.
Schwartz, contending that the de-
fendant has purchased all major prod
uct, leaving him without a picture
for the Community, Queens Village.
Schwartz operates the Queens, same
community.
Louis Nizer will defend Schwartz
when the case comes up next Tuesday
before the New York grievance board
Kutinsky contends that last season he
had all of Paramount and Fox and
half of Radio, Columbia, U. A., and
Universal outputs. This season, Ku-
tinsky holds, he cannot get anything
but the "sluff" rejected by Schwartz.
Loew Meeting Delayed
A meeting of Loew's, Inc., directors
scheduled for yesterday was postponed
until Dec. 11, following a special
stockholders' meeting, because of lack
of a quorum.
Reade Plainfield
Appeal Is Argued
With 355 major pictures already
bought for requirements under present
policies calling for 387 films, Leo Jus-
tin, representing Walter Reade, de-
clared before a Campi appeal commit-
tee yesterday that he had not over-
bought for the Strand, Oxford and
Paramount in Plainfield, N. J. Justin
was appealing from a decision handed
down by the New York grievance
board awarding the Liberty, same city,
70 pictures.
As a matter of fact, Justin asserted,
Reade has underbought, and the fact
that the Liberty cannot get any first
run major product is comparable to
situations in Englewood and New
York where Skouras has bought up all
major films in the former city and the
Music Hall from 85 to 87, leaving
Reade the rejections.
Justin stated that the Strand cost
$600,000; the Oxford, $550,000, and
the Paramount, $400,000. From Feb.,
1933, to Feb., 1934, Reade lost $68,000
operating the three houses, Justin
stated.
Samuelson Represents Complainant
Sidney Samuelson, representing
Joseph Sicardi of the Liberty, con-
tended that if there were 70 pictures
less on the market, Reade would con-
tinue to operate just the same. Sam-
uelson introduced figures and film
rentals, showing that in the 1929-30
season, the Strand played 59 pictures,
the Paramount was closed, the Ox
ford took 86, and the Liberty 95,, of
which three were independents.
In the season of 1930-31. the Strand
played 51; Paramount, 49; Oxford
104; Liberty. 93. For 1931-32, the
Strand, 45 ; Paramount, 53 : Oxford
114; Liberty. 81.
For 1932-33. the Strand. 51; Para-
mount. 71; Oxford, 174; Liberty, 84
of which nine were independents. For
1933-34. the Strand, 69; Paramount
132; Oxford, 159; Liberty, 88, of
which three were second runs.
Sicardi said he paid the following
rentals for films :
"Dames." $846.30: "Footlight Par-
ade." $610.68 ; "Golddiesers." $2,045.77
for 11 days; "City Lights." $2 062.17:
first run of "42nd Street," $617.36:
first repeat run, $250 ; second repeat
run. $200 ; third repeat run. $125.
Under cross examination by Samuel-
son, Sicardi said that Roy Haines of
Warners would not sell him half of
the company's product until another
major comoany had sold him 50 per
cent of its films.
Mickey's Brows Rise
A statue for Walt Disney
was suggested by Sir Harry
Brittain at the annual dinner
of the Institute of Amateur
Cinematographers in Lon-
don the other night.
This comes on the heels of
a university lecture on "The
Flying Mouse" under the aus-
pices of the Art Institute
sponsored by the Carnegie
Foundation at Brown Uni-
versity.
If this keeps up, Mickey
will have to use his Latin
name — Michele Mus.
return to Washington the boards of
directors of the Actors' and Writers'
Guilds are applying themselves with
added determination to devising re-
vised codes of fair practice which
they hope to have ready for filing in
Washington within two weeks.
It was revealed today that the cru-
cial moment in the negotiations be-
tween the producers and the guilds
came when the former presented a 16-
article plan for a new association to
Chicago Pair Here to
Argue Over Releases
(Continued from page 1)
designated first runs in all of the va-
rious zones as the date from which
pictures become available for the
neighborhoods involved. The exhibi-
tors contend that there is no unity in
releasing systems and this is causing
much confusion when it comes to
sending in cancellations 14 days after
first run.
Theatre men in Chicago declare
that downtown first runs are the de-
termining factor for release dates and
not the neighborhoods.
govern the various branches of the
industry, its setup paralleling that of
the Academy. It is said the guilds
were willing to accede with certain
revisions, most of them providing for
individual autonomy in bargaining for
working conditions. The producers,
it is understood, refused these de-
mands.
It is revealed some items in the
actors' and writers' codes were not
important enough to be embodied in
the Federal laws controlling the NRA.
Rosenblatt Hopeful
On Coast Situation
(.Continued from page V)
spent on the coast in an attempt to
break the deadlock between the two.
During his stay in Hollywood, Ro-
senblatt held a number of conferences
with representatives of both sides.
The deadlock was caused by the re-
fusal of the producers to accept the
demands of the actors' representatives
on the five-five committee and the
objection of the players to any modi-
fication. The principal point at issue
is the demands of the actors for what
the producers consider practically a
Hosed shop.
Bend Efforts to End Deadlock
Hollywood, Dec. 5. — With Com-
pliance Director Sol A. Rosenblatt's
released thru— The New Major
FIRST DIVISION
HARRY H. THOMAS president
p
■■I _
>J0f~-
air*'
'"•'5* H
The Leading
Motion^
Picture
Industry
MOTION PICTURE
DAILY
Alert,
Intelligent
ithfui
the In
in All
Branches
OL. 36. NO. 134
NEW YORK, FRIDAY, DECEMBER 7, 1934
TEN CENTS
Rush Devices
To Substitute
For Tri-Ergon
Bell Laboratories Busy
On Orders from Erpi
Bell Laboratories, working under
rders from Erpi, are rushing to com-
>letion several types of recording and
eproducing devices as substitutes for
hose covered by American Tri-Ergon
latents. with final tests of all such de-
velopments scheduled to he completed
>rior to Feb. 1, it was learned yes-
erday.
Erpi has set the Feb. 1 deadline in
mticipation of a U. S. Supreme Court
rearing on the pending review of
Tri-Ergon litigation being reached the
iveek of Jan. 14 and the high court's
lecision being handed down within a
month thereafter. Even if the Su-
preme Court's decision upholds the
validity of the Tri-Ergon patents, six
to eight additional months would
elapse before the patents company
could bring an action against Erpi to
conclusion, in the opinion of attor-
neys. During that time replacements
< Continued on page 6)
Virginia's Censors
Turn in $13,909.58
Richmond, Dec. 6. — As a result of
drastic economies the censor board
has turned $13,909.58 into the state
treasury so far this year. This is the
highest figure for any year during the
12 the board has been in existence.
During the fiscal year the board has
viewed 1,415 films, a decrease of 149
under the previous year, with a de-
crease in footage from 5,227,000 to
4,901,000.
Total receipts for the 12 years have
been $315,806.85. Expenses have been
S-'co.343.38, leaving a surplus of $80,-
403.47 for the state.
Trans-Lux Charges
Dangerous — Furber
"Investors face a serious threat in
the safety of their securities through
unwarranted and baseless allegations
by so-called independent reorganiza-
tion committees," Percy N. Furber,
(.Continued on page 6)
NRA Men Say
Year Proves
Code's Worth
Film Setup Only One for
An Entire Industry
By CLARENCE LINZ
Washington, Dec. 6. — One year of
operation under the code has amply
demonstrated the advantages of the
agreement, it was said today by NRA
officials upon the first anniversary of
the document.
Reluctant to evaluate the advan-
tages of the code in the framing and
administration of which he took a
prominent part, Compliance Director
Sol A. Rosenblatt contented himself
with commenting "we got away to a
very late start, but I think in the
short time we have had it the code
has proved its value and worth."
In other quarters of the adminis-
tration, however, the code was more
frankly discussed, it being pointed out
that it is the only agreement in which
all the branches of an entire indus-
try are covered, one of the few which
is satisfactory to both the government
(Continued on page 7)
Rosenblatt Denies
He Intends to Quit
Washington, Dec. 6. — A flat de-
nial of reports emanating from Cali-
fornia that he was about to sever his
connection with the NRA was made
today by Compliance Director Sol A.
Rosenblatt, who declared he had no
intention of leaving the organization
at this time, particularly in view of
the important matters which are pend-
ing-
Rosenblatt denounced rumors that
he would become assistant to Harry
M. Warner, president of Warners, as-
serting that the matter had never
been broached to him.
Beau Geste
Paramount and United
Artists were among the first
companies to offer studio fa-
cilities for the asking to War-
ners as a result of the fire at
the Burbank plant late Tues-
day night.
Adolph Zukor and Joseph
M. Schenck made available
their respective plants if
Warners needed them in the
event production were ham-
pered because of the fire.
Opposition to
Para. Plan Is
Slight So Far
Very little opposition to the Para-
mount plan of reorganization has de-
veloped since submission of the plan
to the court early this week.
General satisfaction among creditor
groups is marked and leads to the be-
lief in reorganization circles that
Paramount may be out from under
court jurisdiction by Feb. 1. Essen-
tially all of the large creditor com-
mittees together with the stockhold-
ers' committee, which represents more
than 50 per cent of the Paramount
shares outstanding, are supporting the
plan.
The only open opposition, to date,
has been voiced by Samuel Zirn, said
to represent holders of less than $50,-
000 of debentures, and by Archibald
(Continued on page 6)
Order Ready to End
Lease on Criterion
A report which will approve the de-
cision of the. Paramount Publix trus-
tees to permit foreclosure on the Cri-
terion and Loew's New York proper-
ty by defaulting on the mortgages was
(Continued on page 6)
Judge Welsh stated the question to
be decided is whether the unity of ac-
tion of the defendants in using double
feature clauses in contracts has result-
ed in collusion and restraint of trade.
Earlier in the day three exchange
men testified their companies had en-
forced the anti -doubles restriction at
(Continued on page 6)
Fight on Free
Shows Set for
Campi Hearing
Radio, Stage and Papers
Join Opposition
Vigorous protests against free shows
sponsored by Standard Oil Co. will
be made today by representatives of
film, radio, the legitimate theatre and
newspaper codes at a meeting at Code
Authority. The session starts at 11
this morning.
Ed Kuykendall, Harold S. Bare-
ford, Charles L. O'Reilly, Leslie E.
Thompson and circuit executives will
represent the film industry ; Merlin H.
Aylesworth will represent radio, Dr.
Henrj' Moskowitz and William A.
Brady the legitimate theatre, and F.
M. Williams the newspaper code
authority.
At yesterday's meeting, Campi
adopted a resolution against the free
shows. The first entertainment on a
gratis arrangement was held in New
Haven on Saturday. Yesterday, a free
show was held at Symphony Hall in
Boston. Today another will be held
at the Metropolitan, Providence. To-
(Continued on page 7)
Chicago Complaints
To Go Before Campi
No action was taken by John C.
Flinn yesterday after a brief confer-
ence with Jack Miller and Aaron
Saperstein on the Chicago releasing
situation. The executive secretary of
Campi could not act on the matter and
will refer it to Code Authority for
action at its next meeting, Dec. 13.
Representing independent groups,
Saperstein and Miller complained that
distributors were holding up releases,
setting dates after first runs in the
neighborhoods instead of downtown
houses. This system, it was stated,
confuses the exhibitor when he wants
to take advantage of the 10 per cent
cancellation, in addition to holding
up dates.
New Haven Schedule
May Be First Ready
New Haven's clearance and zoning
schedule may be the first to get the
official nod of Campi. Discussed
(Continued on page 7)
Botsford Picked as
Para. Scenario Head
Hollywood, Dec. 6. — Paramount's
scenario department has been shuf-
fled as a result of the resignation of
(Continued on page 6)
Phila. Duals Trial Closes;
Decision After the Holidays
Warners* Mysteries
Grouped as Series
W ith 20 per cent of the current
schedule mystery features, Warners
are planning a special exploitation
campaign on these 12 to set them up
{.Continued on page 7)
Philadelphia, Dec. 6. — Trial of the
Harry Perelman suit to force major
Hstributors to eliminate dual bans
■ rom contracts for the new season
came to a close in Federal court here
today. Judge George A. Welsh is ex-
pected to hand down a decision after
the holidays. Both sides were given
until Dec. 21 to file briefs.
2
MOTION PICTURE
DAILY
Friday, December 7, 1934
MOTION PICTURE
DAILY
(Registered U. S. Patent Office)
Vol. 36 December 7, 1934 No. 134
Martin Quigley
Editor-in-Chief and Publisher
> MAURICE KANN MR A
Editor SfSf
iStBi JAMES A. CRON Xp
W^^^Ki Advertising Manager
Published daily except Sunday and holi-
days by Motion Picture Daily, Inc., sub-
sidiary of Quigley Publications, Inc.,
Martin Quigley, President; Colvin Brown,
Vice-President and Treasurer.
Publication Office: 1790 Broadway, New
York. Telephone Circle 7-3100. Cable ad-
dress "Quigpubco, New York." All con-
tents copyrighted 1934 by Motion Picture
Daily, Inc. Address all correspondence to
the New York Office. Other Quigley pub-
lications: MOTION PICTURE HERALD,
BETTER THEATRES, THE MOTION
PICTURE ALMANAC and THE CHI-
CAGOAN.
Hollywood Bureau: Postal Union Life
Building, Vine and Yucca Streets, Victor
M. Shapiro, Manager; Chicago Bureau: 407
South Dearborn Street, Edwin S. Clif-
ford, Manager; London Bureau: Remo
House, 310 Regent St., London, W. 1,
Bruce Allan, Representative. Cable address:
"Quigpubco, London"; Berlin Bureau:
Berlin - Tempelhof , Kaiserin - Augustastrasse
28, Joachim K. Rutenberg , Representative;
Paris Bureau: 19, Rue de la Cour-des-
Noues, Pierre Autre, Representative; Rome
Bureau: Viale Gorizia, Vittorio Malpassuti,
Representative; Sydney Bureau: 102 Sus-
sex Street, Cliff Holt, Representative; Mex-
ico City Bureau: Apartado 269, James
Lockhart, Representative; Glasgow Bureau:
86 Dundrennan Road, G. Holmes, Repre-
sentative; Budapest Bureau: 3, Kaplar-u,
Budapest, II, Endre Hevesi, Representa-
tive; Moscow Bureau: Civtzev Vrazhek,
N. 25, Apart. 146, Moscow, U. S. S. R.,
Bella Kashin, Representative. Cable ad-
dress: "Samrod, Moscow."
Entered as second class matter, January
4, 1926, at the Post Office at New York
City, N. Y., under Act of March 3, 1879.
Subscription rates per year: $6 in the
Americas, except Canada $15 and foreign
$12. Single copies: 10 cents.
Chadwick to Start Soon
Hollywood, Dec. 6. — I. E. Chad-
wick has completed plans to produce
a 12-two reel animal serial for the
independent market. He plans to start
work around Jan. 5. No title has yet
been selected.
Nat Saland of Mercury Film La-
boratory will handle the printing of
the Chadwick serial.
RKO, Paramount Win
RKO won three games from War-
ners and Paramount took the honors
by the same count from United Art-
ists in the latest games of the M. P.
Bowling League. Fox won, 2-1, from
Columbia and also by the same margin
from Consolidated. Paramount con-
tinues to lead the league with Fox and
RKO trailing.
Cochrane to Coast
R. H. Cochrane, vice-president of
Universal, left for Hollywood yester-
day to confer with Carl Laemmle, Sr.
on production and code matters.
Willard S. McKay, general coun-
sel of the company, accompanied him.
Jack Cohn Returning
Jack Cohn, vice-president of Col-
umbia, is due back from the coast
by today after conferring with his
brother, Harry, on European condi-
tions.
Insiders'
T N case you have forgotten it,
*■ or because it has slipped its
moorings in your mind, as it has
with many others, this is the day
which marks the first anniver-
sary of the effective date of the
code. Signed in Warm Springs
on November 27 by the Presi-
dent, the document, born of trav-
ail, weariness and the propaga-
tion of special and selfish
interests, rested in its NRA files
until one minute past midnight
on December 7 a year ago. Then
and there, it became part of the
law for this industry to conform
with, objections and misgivings
and hopes notwithstanding. . . .
T
What about this first year of
code regime? Has the excite-
ment left any quarter of the in-
dustry more content, more con-
vinced that the New Deal
handed out has spread its prom-
ised quota of business sunchine?
This scout has been trying in as
diligent a manner as he knows
how to get a line on reactions
lurking in different sectors.
Quickly and to make himself
and his research perfectly clear,
he tells you without delay that
the pickings were pretty slim,
the echoes more closely resem-
bling razzberries than cheers. . . .
T
Perhaps code experience in
this industry merely reflects the
attitude of all private business.
It is a fact, however, that the
groups which make up the pro-
duction and distribution phases
of this industry would much
prefer to have the government
or its agencies attend strictly to
the business of government. Ex-
hibition bows to an identical
direction. The code was not
wanted. Nobody asked for it
and its creation came about only
because of the mandate of the
Outlook
NIRA. It was supposed that,
under the theory of the Recovery
Act, the commercial domicile in
which the business, like others,
is registered would be a more
pleasant place in which to abide,
that family squabbles would be
fewer and marked with less in-
tensity. . . .
T
An ennobling theory, of course,
and worthily idealistic. But
what about it? There is this
about it. In exhibition the in-
dependents have been wailing
loud and long over their denied
penchant for bank nights, what
they term the injustice of restric-
tions in the matter of premature
advertising. That's merely to
make the operations of the first
runs more, more and more sacro-
sanct, say they. They complain,
too, about the tightening grip of
the circuits and their mass buy-
ing power as it fits into the vexa-
tious and still unsolved problem
of clearance, once known as pro-
tection. The circuits, swollen
and impressed by their own posi-
tion, are refusing to relinquish
that which they have now and
are prone to demand more, as
who is not ? . . .
T
Distributors, being sellers, pre-
fer to string along with their
more powerful customers, or, in
other words, the circuits numeri-
cally impressive in buying con-
tent and in numbers of theatres.
Their attractions, expensive to
make and star-studded with
mechandisable names who are
expensive to create, to keep and
to protect, must be safeguarded,
argue the distributors. Clear-
ance, therefore, is, or should be,
determined by price. They want
it that way, insist upon and so
leave the answer in little doubt,
if any at all. A pretty impasse
on all counts in the direct con-
sequence. . . .
▼
Some theatre operators, be-
cause they are always jealous
of direct and imaginary competi-
tors, are using the overbuying
provisions of the code in an at-
tempt to chisel pictures which
they want, but do not necessar-
ily deserve. Others continue to
sweat over the delights, as they
see them, of a broad right-to-
buy - in - the - open-market setup.
Exhibitors and all others don't
like the labor provisions which
make their operations more costly
while the returns, theorized for
them through a reduction in the
horde of the unemployed, are
something so far not reflected on
the balance sheets. . . .
T
Producers and distributors
heartily dislike the added pay-
roll burdens which have faced
them in the first year under the
code. Their line of reasoning is
very simple to understand and.
therefore, very simple for this
outpost to comprehend. "Condi-
tions are still not good. Grosses
are not what they ought to be,
yet it costs us more to operate
each week. Where do we get
off?" they inquire. Well, where
do they get off? This is one of
the questions this column has
been trying to have answered, but
no kindly volunteer has appeared
on the scene. . . .
T
Code Authority meetings, for
some time now, have been giving
this one and that one a pain, a
good stiff pain where this one
and that one would rather not
have it. They resent the time it
takes from the normal conduct
of their jobs. They do not relish
the arguments, the constant
creeping to the fore of the spe-
cial interests represented by all
and sundry, or at least, sundry.
They want to know why they
cannot be permitted to proceed
in their usual way in the usual
search — frantic in these days —
of a profitable dollar. . ." .
T
On the coast, the cat-and-dog
fight between the creative work-
ers and their employers, the
producers, steadily has been
growing worse. Compliance Di-
rector Sol A. Rosenblatt, just
returned to Washington, ran
into that thing called deadlock
and even his presence, backed
by the full majesty of the NRA,
did little or nothing to break it.
Strike talk is in the air out there
and, while the manner in which it
is being so loosely bandied about,
makes it smack plentifully of
propaganda for a cause, the
strained relations between actor
and producer and writer and pro-
ducer do no good to that in which
the industry is primarily inter-
(Continucd on page 19)
Columbia Off One on Big Board
Net
High Low Close Change Sales
Columbia Pictures, vtc 40 39'A 395* —1 1,000
Consolidated Film Industries 4** 454 454 + lA 1,500
Consolidated Film Industries, pfd 19** 195* 195* — ** 2.700
Eastman Kodak 11254 112'/2 112'/2 — 54 100
Fox Film "A" 13% 1354 1354 — 54 1.900
Loew's, Inc 36*4 35*4 35^ — ** 4.300
Loew's, Inc., pfd 105 104*4 105 + 54 200
Paramount Publix, cts 3** 3** Wt — Vi 900
Pathe Exchange 1454 1354 1354 — 54 400
RKO 25* V/s 2 2,300
Warner Bros 554 4% 4% — 5* 5.500
Warner Bros., pfd 23J* 22** 2356 + 'A 2,000
Trans Lux Gains Eighth on Curb
Net
High Low Close Change Sales
Technicolor 1354 13** 1354 — ** 700
Trans Lux 25* 25* 25* +54 300
G. T. E. Bonds Show Better Tone
Net
High Low Close Change Sales
General Theatre Equipment 6s "40 954 9*6 954 + Si 15
General Theatre Equipment 6s '40, ctf 854 854 854 + 54 1
Loew's 6s '41, ww deb rights 105 104*4 104*4 3
Paramount F. L. 6s '47 61 60*6 60** — ** 20
Paramount Publix 554s '50 61*g 61 6154 — 'A 9
Warner Bros. 6s '39, wd 61 61 61 + J*
FLIRTATION WALK
fitsl of 7>ke Bi# SUois fern \t)wm Bw.
NATION'S PRESS ROARS
DEAFENING Z1-GUN SALUTE
TO THE ALL-AMERICAN HIT
star-spangled
ir of first rate
i fun awaiting
i in grand new
sical."
—N. Y. American
FLIRTATION WALK
fksi ef 7>Ue dif Shots ftm towuw Bw.
MORE NEWS ON PAGE 8
6
MOTION PICTURE
DAILY
Friday, December 7, 1934
Phila. Duals Trial Closes;
Decision After the Holidays
Opposition to
Para. Plan Is
Slight So Far
(Continued from page 1)
Palmer, who represents no Paramount
creditors but is counsel for bondhold-
ers of Allied Owners, one of the larg-
est Paramount creditors. Both Zirn
and Palmer are pointing their criti-
cism toward the board of directors
proposed and each has declared an in-
tention to seek an extended examina-
tion of board members and principals
identified with the drawing up of the
plan.
Other creditors' representatives
who, while they have voiced no oppo-
sition," have not accepted it, include
debenture holders represented by Saul
E. Rogers and others represented by
Szold & Brandwen. The latter, it is
understood, may subscribe to the plan
prior to the creditors' hearing sched-
uled for Dec. 27. Rogers has been
away from the city during the past
week and has not had an opportunity
to study the completed plan. His
policy during the course of the Para-
mount bankruptcy, however, was not
marked by its friendliness toward the
administration of the company.
Can Delay Reorganization
The examinations sought by Zirn
and Palmer could delay the reorgani-
zation several months even though
they were not authorized by the court
of first jurisdiction. In that case, ap-
peals to higher courts undoubtedly
would be taken by either or both.
Zirn, a year ago, carried an action
aimed at the removal of two of the
three Paramount trustees to the U.
S. Supreme Court and on several oc-
casions carried his objections to other
procedures in the bankruptcy to the
U. S. Circuit Court of Appeals.
The Paramount plan already has
the support required by Section 77-B
of the Bankruptcy Act, which is a
majority of each class of stockhold-
ers and two-thirds in amount of each
class of creditors whose claims have
been allowed. The act then provides
that the court may, after the hearing
of creditors' objections, confirm the
plan if satisfied that it is fair _ and
equitable and does not discriminate
unfairly in favor of any class of cred-
itors or stockholders, is feasible and
complies with the other stated pro-
visions of the act. When confirmed
by the court the plan becomes bind-
ing on those who have not accepted
it as well as those who have.
Appeals could, of course, be taken
by opposing attorneys from a district
court order confirming the plan.
Order Ready to End
Lease on Criterion
(Continued from page 1)
prepared for the Federal district court
yesterday by Special Master John E.
Joyce and an order recommending the
procedure will be signed by him to-
day. City Bank Farmers Trust is
the holder of the mortgages on the
property.
Orders were signed yesterday by
Federal Judge Alfred C. Coxe ex-
punging the $1,513,604 claim of the
Stanley Co. estate against Paramount.
The claim had been based on an al-
leged guaranty by Paramount of a
lease on the Kettler, West Palm
Beach, Fla. Judge Coxe also signed
an order permitting the Paramount
creditor bank group to intervene in
the reorganization proceedings.
Botsford Picked as
Para, Scenario Head
(Continued from page 1)
its head, Merritt Hulburd, to join
Samuel Goldwyn.
A. M. Botsford, executive assistant
to Emanuel Cohen, becomes head of
the scenario department with Bogart
Rogers as scenario editor. William
Wright, former production assistant to
B. P. Schulberg, takes over Botsford's
production activities in addition to as-
sisting Cohen.
U. A. Invites Diplomats
Spanish and Latin-American diplo-
mats and consular representatives have
been invited to the premiere of "The
Private Life of Don Juan" at the
Rivoli tomorrow night. Among those
who have accepted, United Artists
states, are : Luis Calderon, Spanish
ambassador ; Caetano de Quesada,
Cuban consul-general ; Alfonso Grez,
Chilean consul-general ; S. E. Duran-
Ballen, Ecuadorian consul-general ;
Luiz de Faro, Brazilian consul-gen-
eral ; Juan M. Jiminez, Costa Rican
consul-general ; P. R. Rincones, Ven-
ezuelan consul-general ; G. Lopez
Fabrega, Panamanian consul-general ;
Leonardo Lara, Guatemalan consul-
general ; Walter J. Decker, Bolivian
consul-general ; Edmund Dell Scotti,
Paraguayan consul-general ; Dr. F.
L. Batlle, Dominican consul-general ;
Traverso Conrado, Argentinian con-
sul-general ; Antonio de la Cruz,
Spanish consul-general ; F. Pardo de
Zela, Peruvian consul-general ; P.
Riva Costa, Uruguayan consul-gen-
eral, and L. Lupian, Mexican consul-
general.
Close New England Deals
Stage and Screen Prod., Inc., and
Superior Talking Pictures, Inc., have
just closed deals with Cameo Attrac-
tions, Inc., for several series of west-
erns in the New England territory.
The Stage and Screen deal is for six
northwest mounted pictures and two
serials, "Custer's Last Stand" and
"Pioneers of the Plains," and the sec-
ond is for six "Range Rider" and six
"Rough Rider" westerns.
Spellman on Way East
Hollywood, Dec. 6. — Howard Spell-
man, former assistant district attorney
in New York and recently story editor
at Radio, has completed an original
storv in collaboration with Joe Cun-
ningham and has left for New York.
He has a legal job ahead and he says
he also has some theatrical plans.
Color Short at Capitol
M-G-M's "Toyland Broadcast," a
short subject produced in color by
Harmon-Ising and aimed for holiday
programs, has its first New York
showing beginning today at the Cap-
itol.
(Continued from page 1)
various times between 1930 and 1932
as result of complaints made against
the Venice Theatre.
In summing up for the plaintiff
Benjamin M. Golder quoted from a
California decision restraining collu-
sion in fighting double features. In
rebuttal Morris Wolf, defense attor-
ney, denied the existence of collusion,
asserting double featuring tended to
cut down attendance at theatres and
reduce interest in films on the part
of patrons.
Opinion among unofficial observers
is that Perelman will win his fight
for an injunction. If the court should
so decide, they believe an appeal will
be taken.
Trans-Lux Charges
Dangerous — Furber
(Continued from page 1)
president of Tranx-Lux Daylight Pic-
tures Screen Corp., declared in a
statement yesterday in reply to charges
against his company.
With full aonreciation that stock-
holders are entitled to complete and
dependable knowledge of the conduct
of their companies, Furber said, reck-
less allegations made against corpora-
tion executives by self-appointed cham-
pions of stockholders disturb share
owners, injuring the company's busi-
ness and destroying confidence in gen-
eral business.
"In our own case we have frankly
and willingly acquainted our stock-
holders with the true facts about
their company's operations, but due
to the widespread discontent among
owners of securities and confusion of
the world depression, the public may
easily be misled, especially where
technical or legal questions are in-
volved. The so-called reorganization
committee seeking proxies from
Trans-Lux stockholders cannot sub-
stantiate a single allegation made in
their circular letters to our stock-
holders. Our published financial state-
ments for the past six years show that
the company earned $1,745,000 during
that period. The company's financial
condition is the strongest in its his-
tory with approximately $400,000 cash.
Secondly, the charge that officials of
the company were negligent in pressing
its suit against the News Projection
Corp. is not supported by the Supreme
Court's decision in favor of the com-
pany, resulting in about §2,000,000
more in equities for our stockholders
than would have been possible through
the compromised plan suggested by
those identified with the reorganiza-
tion committee. No member of this
reorganization committee was a stock-
holder of record when the first letter
was sent out early in October seeking
proxies. At the stockholders' meet-
ing scheduled for Dec. 19 every accu-
sation will be fully and vigorously
answered."
Song Stories in Work
Two subjects in Educational's Song
Hit series were placed in work yes-
terday under Al Christie. They were
"The Song Plugger," starring Sylvia
Froos, and another as yet untitled but
starring Frank Luther.
Rush Devices
To Substitute
For Tri-Ergon
(Continued from page 1)
of the parts which were held to in-
fringe could be made.
The actions under review involve
Wilmer & Vincent and Publix Al-
toona's use of the flywheel device and
Paramount's use of the double print
method. In the event of an adverse
decision, the Feb. 1 deadline for com-
pletion of substitute developments
would permit replacements in the lim-
ited number of reproducing and re-
cording sets involved. A subsequent
action against Erpi itself would re-
quire replacements for all of the
equipment company's apparatus in use,
which are approximately 11,000 repro-
ducers, on the basis of two machines
to a theatre, and approximately 1,500
sets of recording equipment.
Erpi Has Substitute Devices
Erpi is known to have at least two
devices in work to substitute for the
Tri-Ergon flywheel, in the event the
patent is upheld. Tests of one of these
are in progress in nine New Jersey
theatres. Several substitutes for the
double print method are also at hand,
although it now appears that the so-
called "hill and dale" method of re-
cording which was at first regarded
to be the most likely to be utilized in
case of necessity, is being supplanted
in laboratory favor by at least two
new discoveries believed to be even
more satisfactory.
The "hill and dale" method, how-
ever, is still holding the interest of
Hollywood technicians. Employed by
Columbia for "One Night of Love,"
by Paramount for "Enter Madame"
and by Walter Wanger for "The
President Vanishes," Warners, Fox
and United Artists are known to be
interested in the new equipment and
Columbia is also reported to be con-
sidering its use for a new Grace
Moore picture.
Erpi has retained former Attorney
General William D. Mitchell as lega'
consultant for the pending Supreme
Court hearing. Mitchell, in associa-
tion with Charles E. Neave, Erpi';
patent attorney, may present part oi
all of the review argument before the
high court next month.
Harry Shiftman Feted
Harry Shiftman, president of Isl(
Theatre Corp., was yesterday tenderec
a birthday party at the Paramoun
Chop House by his exhibitor and dis
tributor friends.
Cohen Joins 1st Divisior
Detroit, Dec. 6. — Milton Cohen ha
been named exchange manager fo:
First Division here by Al Friedlande:
and offices will be opened Dec. 15 ii
the Film Exchange Building.
Schulberg Coming Here
Hollywood, Dec. 6. — B. P. Schul
berg left by train last night for Nev
York to discuss his future theatre am
film plans.
Spurin-Calleia Signed
Joseph Spurin-Calleia, now appear
ing in the Broadway hit, "Smal
Miracle," has been signed by M-G-M
MOTION PICTURE
DAILY
riday, December 7, 1934
?ight on Free
Shows Set for
]!ampi Hearing
(.Continued from page 1)
lorrow at Bushnell Hall, Hartford,
jdiences will be invited free to see
i entertainment. On Dec. 10, a Stand-
-d Oil show will be given at the
uditorium, Springfield, Mass.
Distributors and exhibitors are in
-ms against the type of show being
aged by the oil company, charging
lat an attempt is being made to put
le exhibitor out of business. It is
ated that this kind of unfair com-
?tition is the worst ever and there
no way to combat it unless the
RA acts.
The resolution, adopted by Campi,
illows :
"Whereas, the attention of the Code
uthority has been called to an advertis-
g campaign proposed by Standard Oil
. of N. J. which contemplates the pre-
ntation in various cities throughout the
nited States of full length theatrical per-
rmances. and
"Whereas, attendance at such perfor-
ances may be had without the payment
a reasonable admission price, and
"Whereas, the proposed action has been
refully considered by Code Authority,
>\v therefore, be it
"RESOLVED: (1) That such advertising;
in direct competition with established
eatres engaged in the exhibition of mo-
>n pictures:
"(2) That such competition is unfair in
at the failure to charge a reasonable ad-
ission price by the Standard Oil Com-
iny of N. J. will drastically decrease at-
ndance at established theatres, and in
iat the Standard Oil Company of N. J.
ill not be subjected to certain general and
'ecial taxes and licenses borne by estab-
.hed theatres:
"(3) That such unfair competition will
duce the amount of film rental paid to
embers of the motion picture industry
igaged in the distribution of motion pic-
res and hence retard the high quality of
oduction of motion pictures:
"(4) That such unfair competition will
nd to jeopardize the high standards for
bor established by the code of fair com-
tition for the motion picture industry;
"(5) That these burdens placed upon the
otion picture industry will affect the qual-
y and quantity of amusement afforded
ie general public and thus react against
le public interest:
"And it is further
"RESOLVED: That a copy of this reso-
tion be sent to the officers of the Stand-
■d Oil Company of N. J. in protest against
ie proposed advertising campaign of that
>mpany."
Sew Haven Schedule
May Be First Ready
(Continued from page 1)
riefly by Code Authority yesterday, it
as held the plan was in good shape
id will be discussed thoroughly at
ie next session, Dec. 13, when S. R.
lent will act as chairman.
Because of the price war in the ter-
tory, Kansas City's schedule was
eld in abeyance. Campi members ad-
litted no action could be taken until
ie theatres get down to a definite
amission scale.
The Buffalo plan was sent back for
svision. That this action would be
iken was reported in Motion Pic-
ure Daily on Tuesday.
Just back from a coast trip, John
'.. Flinn made a lengthy favorable
sport on the extra situation.
Attending yesterday's session were
paries L. O'Reilly, chairman, Ed
oiykendall, Nathan Yamins, Deputy
Ldministrator William P. Farnsworth,
Robert Youngman, Sidney Justin,
larold S. Bareford and David Loew.
i-. R. Kent, R. H. Cochrane and W.
'ay Johnston were not represented.
Vaude Hearing Soon
Washington, Dec. 6.— The
date for the public hearing
on the vaudeville code
amendments is expected to
be set after the return from
the Campi meeting of Deputy
Administrator William P.
Farnsworth. The hearing
will probably be held some
time around Dec. 19, it was
indicated.
Studio phases and the ques-
tion of elimination from the
code of the leasing clause
also are expected to be heard.
Captains Named in
Federation's Drive
With the appointment of captains
to handle detail work, unprecedented
support to the Federation of Jew-
ish Charities was noted yesterday at
an informal meeting of the commit-
tees with Albert L. Warner, chair-
man. A list of contributors and cor-
responding donations will be printed
within the next week, it was stated.
The executive committee consists of
David Bernstein, Al Lichtman, Eu-
gen Zukor, Jack Cohn and Louis
Nizer.
Team captains are : Sam Morris,
Warners ; Bernstein, Loew's and M-
G-M ; Leopold Friedman, Loew's and
M-G-M ; Lichtman, U. A. ; Cohn and
A. Schneider, Columbia ; Eugene
Zukor, Paramount ; Phil Reisman and
Jules Levy, Radio ; E. L. Alperson
and Harry Buxbaum, Fox ; Harry
Thomas, First Division ; Sam Rinz-
ler and Louis Frisch, independent
theatres ; Harry Brandt and Leo
Brecher, I. T. O. A.; Marcus Hei-
man and Dr. Henry Moskowitz, legi-
timate theatres ; J. J. Bregman, Henry
Spitzer, Louis Bernstein, Irving Cae-
sar, Robert Crawford, Sigmund Rom-
berg and Edward Morris, music pub-
lishers ; Harry Goetz and Herman
Robbins, laboratories and trailers ;
Abe Lastfogel, William Morris, Jr.,
Marvin Schenck and Louis K. Sidney,
booking offices ; Eddie Cantor and
Phil Baker, radio and stage artists ;
Nizer, attorneys ; Sid Silverman, Jack
Alicoate, Carl F. Zittel and Red Kann,
trade papers ; Boris Morros, orches-
tra and vaudeville stars ; Max Rud-
nick, burlesque theatres ; Eddie Du-
chin, orchestra leaders ; Michael
Markel, musicians ; Leo Klebanow,
M. P. Club.
Order Consolidated
To Re-hire Printers
Washington, Dec. 6. — Reinstate-
ment of photogelatine printers who
went out on strike April 5 was or-
dered today by the National Labor
Relations Board. The men were em-
ployed by Consolidated Film Indus-
tries at Fort Lee. It was stated that
if this is not done the case will be
sent to the compliance division of the
NRA.
The board held that the company
had failed to satisfy the requirements
of the National Industrial Recovery
Act as to collective bargaining.
War Picture Opening
"War Is a Racket," Samuel Cum-
mins' and Jacques Koerpel's munitions
picture, opens at the Gaiety tonight.
Release will be through Eureka Pro-
ductions.
Warners to Pick 5
Board Members
Wilmington, Dec. 6. — Five direc-
tors will be elected at the annual
stockholders' meeting of Warner
Bros. Pictures, Inc., which will be
held in the offices of the Corporation
Trust Co., here Monday morning.
Stockholders of record at the close
of business, Nov. 2, 1934, will be eligi-
ble to vote.
The five directors whose terms will
expire are: Charles S. Guggenheim,
Stanleigh P. Freedman, Morris Wolf,
Samuel E. Morris and former Judge
John P. Laffey of Wilmington. Hold-
over members of the board are : Harry
M. Warner, president ; Albert L. War-
ner, vice-president and treasurer ; Jack
L. Warner, vice-president ; Abel Cary
Thomas, secretary and general coun-
sel ; Waddell Catchings and Henry A.
Rudkin.
In addition to the election of the
directors, the annual report will be
submitted.
Warners' Mysteries
Grouped as Series
(Continued from pane 1)
as a series. The idea is similar to
the "Mystery of the Week" and
"Crime Club" series used by book
publishers and radio stations.
Only in the Perrv Mason stories
does the same character run through
several pictures, but the series will be
grouped nevertheless and exhibitors
will be furnished special accessories
and exploitation ideas. They will be
released on a monthly basis.
The list includes : "The Case of
the Howling Dog," "I Am a Thief,''
"The Case of the Curious Bride,"
"The Case of the Lucky Legs," "The
Case of the Velvet Claws," "The
White Cockatoo," "While the Patient
Sleeps," "The Patient in Room 18,"
"Murder in the Clouds," "The Green
Cat," "Invitation to a Murder" and
"Murder by an Aristocrat."
Warners Will Rush
Studio Rebuilding
Hollywood, Dec. 6. — Rebuilding of
the burned area of the Warner-First
National studio will be started imme-
diately, Jack L. Warner, vice-presi-
dent in charge of production, states.
Warner says about IS acres of the
80-acre plant were burned over and an
estimate of the damage before an in-
ventory is $300,000. Shops at the Sun-
set Boulevard plant and the old Vita-
graph plant will be used during repairs.
Warner Plays on Tonight
The Warner Club players will give
their second annual show tonight on
the fifth floor of the home office.
Dancing will follow the nresentation
of two one-act plays, "Thank You,
Doctor," a comedy, and "The Vali-
ant," a drama. Both will be staged
and directed by Leo J. Drexler.
Featured in "Thank You, Doctor"
are : Tess Ginsberg-, Ruth Goldberg,
Sol Reiner, Sam Wollowitz and Max
Fried. In "The Valiant" are : Hy
Blaustein, Bill Toles, Cliff Jockers,
Ted Hammer, Marie Carroll and Al
Trojack.
"Night Hours" New Title
Hollywood, Dec. 6. — M-G-M has
changed the title of "Ambulance Call"
to "Only Night Hours."
7
NRA Men Say
Year Proves
Code's Worth
(Continued from page 1)
and a greater proportion of the indus-
try, and one to which a greater de-
gree of compliance has been given
than can be claimed for probably any
other agreement.
That the code is highly regarded
throughout the administration was in-
dicated by an official who pointed out
that the man who developed it and
has superintended its administration
is now director of compliance for the
NRA, one of the most important po-
sitions in the entire organization.
Hollywood, Dec. 6. — Opinion is
divided here on the results of the
first year of the code. Some refuse
to commit themselves. Those willing
to talk adopt either an indifferent
attitude or else speak well of the
code's work.
Open New Ottawa House
Ottawa, Dec. 6. — A second new
theatre here within a year, the Cana-
dian Capital, has been opened. It is
called the Victoria and it is in the
West End. James T. Moxley is the
proprietor. Until recently Moxley was
local registrar of deeds for the Onta-
rio Government. Originally he was
manager of the Regent, which was ac-
quired by Famous Players Canadian
Corp., and the Russell, owned by
Ambrose J. Small.
The Victoria has 800 seats and is
equipped with RCA Photophones.
Form Perfect Theatres
Dover, Del., Dec. 6.— Perfect The-
atres, Inc., has been chartered here to
operate theatres, opera houses, etc.,
listing capital stock of 100 shares, no
par value. The incorporators were
Edward S. Williams, David H. Jack-
man and C. N. Caldwell, Jr., New
York City.
Southern Attractions, Inc., has been
organized to carry on the business of
a booking agency, listing capital stock
of 10 shares, no par value. The in-
corporators were Walter Lenz, W. T.
Hobson and B. R. Jones, Wilmington.
Exhibitors Reelected
Toronto, Dec. 6. — Two Ontario
theatre-mayors were reelected by over-
whelming majorities in the December
municipal elections. H. E. Wilton,
manager of the Strand, Hamilton, re-
ceived 27,000 votes, or 20,000 more
than the second candidate. P. J. No-
lan, owner of the Avalon, Rexy and
Columbia in Ottawa, was an easy win-
ner in the contest for a second term
there.
Columbia Has Two Hits
Columbia's two pictures hit the high
spots along Broadway last week.
"Broadway Bill" at the Music Hall
garnered $100,000 in its first week
and "Captain Hates the Sea" tallied
a neat $17,000 for its first seven days
at the Rialto. "Imitation of Life" at
the Roxy was good for $31,000 in its
second week and is being held a third.
ITOA to Dance Jan. 12
The I. T. O. A. will hold its an-
nual ball at the Astor on Jan. 12.
BLAZING BALLYHOO LURES BIGGEST
PREVIEW AND OPENING-DAY GROSS OF
ENTIRE YEAR TO N. Y. STRAND-TOPPING
"DAMES", "NAVY", "GOLD DIGGERS
-WINNING INDEFINITE HOLD OVER FOf
WARNERS' STAR-SPANGLED SPECTACLE
' EHL
SnBI fll* Uft* VW»!>K. 1
FLIRTATION WALK
MORE NEWS ON PAGE 1 1
10
MOTION PICTURE
DAILY
Friday, December 7, 1934
Roach Bolsters His
Production Forces
As a challenge to dual features, Hal
Roach is lining up feature comedy
writers an?- directors to bolster short
subjects, Fred Quimby, short subject
sales head of M-G-M, stated yester-
day after a trip to the studios.
"Roach appreciates the need for
better stories, writers and players for
his productions and is making every
effort to meet the demand," Quimby
said.
"We are up to schedule on all
shorts, including Harman-Ising,
Roach and our own subjects," Quim-
by asserted. "With the completion of
'Babes in Toyland,' Roach is now-
busy on the balance of his lineup for
this season.
"Harman-Ising has added two new
animators to the staff and one anima-
tor director. The two animator pro-
ducers are now working on a third
dimension short tentatively titled
'Bosco's Mother Goose,' " the M-G-M
executive declared. Five of the 13
animations schedules are already com-
pleted.
"We have increased our production
budget 50 per cent higher than any
time we have been in the shorts field.
Of this percentage, 35 is allowed for
color."
Roach plans to be in New York
around the first of the year.
Loew's Toronto Net
$96,633 for 20 Mos.
Toronto, Dec. 6. — According to a
financial statement just issued for the
20 months' period ending August 30
last, net profits of Marcus Loew's
Theatres (Toronto), Ltd., amounted
to $96,633.63 after charges including
depreciation, taxes and interest had
been paid.
Gross operating earnings totaled
$264,811.50, which was made up of
$165,878.19 from receipts at the To-
ronto Yonge St. Theatre, rental of
$93,974 from the Uptown Theatre,
which is under lease to Famous
Players Canadian Corp., and earned
interest of $4,958. Gross revenue at
the box-office for the Yonge St. house
for the 20 months totaled $476,413, as
compared with §369,903 for the pre-
vious period. Operating expenses for
this theatre were up from $218,993
to §310,535, leaving a balance of $165,-
878 for gross earnings, as compared
with $150,911 under the same heading
for the previous fiscal period.
Cash on hand and in the bank last
August was $159,379, compared with
the previous total of $118,184. Fixed
assets are carried at $1,152,782 and
good will was continued at $750,000.
Preferred dividend arrears last Au-
gust amounted to $656,305, this item
being $571,114 at the end of 1932.
Loew London Net $12,041
Net profits of $12,041, equal to 36
cents a share on 33,741 seven per
cent preferred shares after expenses,
depreciation and other charges, is
reported by Loew's London Theatres,
Ltd., Canada, for the period from
Jan. 5 to Aug. 30, 1934. Last vear
the net was $19,594 for 12 months.
This was equal to 58 cents a share on
the preferred.
Rex Ingram Loses Suit
Nice, France, Dec. 6. — Rex Ingram
today lost a suit for embezzlement
which he had filed against a French
employe.
MOTION PICTURE DAILYvS
HOLLYWOOD PREVIEW
"Helldorado"
(Lasky-Fox)
Hollywood, Dec. 6. — Fantastic drama, building to a topical thrill
climax. This three-segment yarn stacks up as mild general entertain-
ment. It covers much irrelevant ground, developing its points without
outstanding performances, save Henry B. Walthall's. A thin continuity
binds the incidents.
Essentially, the yarn is a story of a self-confident, smart guy missing
disgrace by a lucky break. Saving a tourist party from the dangers of a
cloudburst, Richard Arlen lands its members in Helldorado, a ghost
town. Mistaken for an old partner by the lone inhabitant (Walthall )
Arlen, dreaming of romance with Madge Evans, beloved by Tycoon
Ralph Bellamy, believes he has discovered a lost mine.
Leaving the party to return to civilization, Aden's chatter causes a
modern gold rush. Disillusioned prospectors are ready to mob the hero,
but are prevented by Miss Evans' discovery of an old registered claim
which leads to a new bonanza and simultaneously reveals to her that
beneath Arlen's eccentric exterior is a heart of gold.
Neither Arlen, Miss Evans or Bellamy convince. Comedy relief by
Stepin Fetchit and James Gleason lack spontaneity. Acting honors
belong to Walthall. The original is by Frank Dazey with the screen play
by Frances Hylan. Direction is by James Cruze. The gold rush back-
ground suggests showmanship angles that should create audience inter-
est. Production Code Seal No. 464. Running time, 75 minutes. "G."
"Lottery Lover"
(Fox)
Hollywood, Dec. 6. — Individual cast performances and tuneful melo-
dies keep this one interesting despite a sketchy story laden with forced
humor which holds it to only average entertainment, although it may
prove diverting to some audiences.
The story starts out in musical comedy fashion featuring Reginald
Denny giving final instructions to a naval crew before it leaves on a Paris
shore leave. On land, the crew chips in to promote a farcical romance
between Peggy Fears and Lew Ayres, who is selected through a lot-
tery draw following a plan concocted by an American guide (Alan
Dinehart). Pat Patterson, a chorus girl in the musical comedy starring
Miss Fears, is picked to rehearse the romantic lines with Ayres and the
duo becomes enamored.
From here to the fadeout the story is highlighted by melody and com-
edy backgrounded by the romantic triangle of Miss Fears, Ayres and
Miss Patterson. Dinehart and Walter King, a romantic singer as a
Russian prince, and Sterling Holloway are good comedy high spots.
William Thiele directed satisfactorily. Music and lyrics by Jay Gorney
and Don Hartman are refreshing. The dances by Jack Donahue are
diverting.
Serving to introduce Miss Fears to the screen, the film essays aver-
age in entertainment values. Production code seal No. 459. Running
time, 88 minutes. "G."
Iff
Enchanted April
(Radio)
Hollywood, Dec. 6. — Two English wives, Ann Harding and Kath-
erine Alexander, whose husbands, Frank Morgan and Reginald Owen,
in a way take them for granted, try a holiday together in Southern
Italy to recapture something not quite clear. There, the soothing balm
of air and sunshine in April gives them new radiance and when the
husbands arrive on a sort of psychic summons it's "love in bloom"
again.
Miss Harding, as the spouse of the philandering novelist Morgan,
gives a subdued and somewhat ethereal performance of the spiritual
feminine sensing things in advance.
Miss Alexander, the wife to the fatuous barrister Reginald Owen, foils
for Miss Harding.
Owen steals the show when in strutto pomposo dignity he takes a
hot tub bath. Jane Baxter, Ralph Forbes, Jessie Ralph, Charlie Judels
and Rafaela Ottiano give life to characters hanging on the slim plot.
The production has the mood of whimsical charm with inclinations
toward so-called highbrow.
Harry Beaumont directed from Samuel Hofenstein's and Ray Harris'
screen play.
While hardly fare for the beef and bean masses it might appeal to
the champagne and caviar sophisticates. Previewed without production
code seal. Running time, 78 minutes. "A."
(Additional reviews appear on page 28)
Hoblitzelle Testifies
In Price-Fixing Suit
Dallas, Dec. 6. — Testifying in the )
injunction suit brought by R. Z.
Glass, independent neighborhood ex- ]
hibitor here, in which he is named as
a defendant along with Interstate
Circuit, Inc., R. J. O'Donnell, South-
ern Enterprises, Inc., Paschall-Texas.
Theatres, Inc., and Dent Theatres.
Inc., Karl Hoblitzelle admitted today
that all his contracts for product for
1934 and 1935 contained a clause in-
suring that pictures he played at 45
cents or more must play subsequent
run at 25 cents or more. He declared
neighborhoods stood to profit by this
price hike.
Glass is seeking a writ to stop al-
leged ruinous price fixing through a
conspiracy of the defendtnts and
major producing companies.
Glass told the court his predecessor
went broke charging 25 cents.
Testimony offered by local ex
change managers, including Jack Un
derwood of Columbia, bore out Hob
litzelle. The latter's attorneys pro
duced testimony to uphold the stai
that the question at issue is one o
copyright and interstate commerce]
since the producing companies re-j
tained possession of product and
merely leased to the exhibitor.
The case will be resumed tomorn
row.
Guild to Vote U pon
Best Written Film
Hollywood, Dec. 6. — The 750 mem-
bers of the Screen Writers' Guild will
vote on the five best written pictures
on Dec. 20, with awards slated to be
distributed at the guild's annual din-
ner dance.
Although the selection has nothing
to do with the annual Academy award
the writers figure that no organizatior
is better fitted to judge the best screer
play than the scriveners themselves.
The award committee, the sole func-
tion of which is to count the ballot-'
and catalogue the results, consists o:
Waldemar Young, chairman ; Charle:
Kenyon. Harvey Thew, John Emer
son, Edwin Burke, Sonya Levien, Jc
Swerling, Francis Faragoh, Willian
Slavens McXutt. Xunnally Johnsoi
and Tristram Tupper.
Delay on Richmond
House Causes Suit
Richmond, Dec. 6. — Suit for $3,3)1
has been filed against Clarence Yaden
president of Grace Amusement Co.
for failure to start work on a nev
neighborhood theatre. A. H. Ewinj
charges he hired labor and acquire
materials to start work, but tha
buildings on the site were not ton
down.
After Vaden had announced plan
for the house Wilmer & Yincent an*
Loew's announced plans for a nei
house nearby.
Roberts Signed by "U"
Hollywood, Dec. 6. — Universal ha
signed William Roberts, radio singei
to a long-term contract. If he fa
fills expectations, he will be groome
for roles intended for the late Rus
Colombo.
Austin to Make Short
Hollywood, Dec. 6. — Gene Austi
signed to make a two-reeler for Radi
this week, which he will do after con
pleting a vaudeville tour in the ea>]
FLIRTATION WALK
iitsi (4 T>Ue dif Skols from \Hvtm, Bw.
5Ue One By Ctuestiaa ZUai Cmfmds Was lttdustoy, Zodap-
TAT I 0 1
it map n ■
BIGGEST IN
36
YEARS
*t
says It/aUet Heade
I cannot resist the opportunity to send you
a wire calling your attention to the gross at
the Strand Theatre, Plainfield, New Jersey,
of Flirtation Walk. It opened to ... .
dollars on Thursday and we
have not done
dollars in this theatre in one day since
Spanish War. I hope that Sweet Adeline is
i
just as good. Kindest personal regards.
(Signed) Walter Reade
BIGGEST I
n42
YEARS
Flirtation Walk broke all house records
in attendance in the forty -two years of
business of the Coyle Theatre. Flirtation
Walk is the best of all Warner Bros,
pictures, is the opinion of everyone.
{Signed) R. S. Coyle,
Charleroi. Penn.
How far back will your record go on
FLIRTATION WALK
fksl of ZUe % SUoU fern Ii/mm* Bm.
MORE NEWS ON PAGE 21
MOTION PICTURE
DAILY
Friday. December 7, 1934
New Russian
Film Breaks
All Records
By BELLA KASHIN
Moscow, Nov. 20. — Breaking all
records for Soviet films, the new pic-
ture "Chapaev," which is an authen-
tic account of an episode in the ca-
reer of the Red partisan fighter of
the same name, has been seen by a
million and a half people in Lenin-
grad and Moscow for the first 10
days of its run.
Eighteen theatres in Moscow are
now showing the film; two major
houses having added an early morn-
ing and a midnight show that ends
at 2 A. M. The only other time Rus-
sian theatres have been open at such
an hour was some years ago when it
was the practice during the Easter
holidays to offer movies as a counter-
attraction to the young people who
might otherwise have gone to church.
Chapaev, who has become an al-
most legendary Soviet hero, was an
illiterate carpenter who went over to
the Bolsheviks when Russia was in
the throes of civil war. Possessed of
uncanny military genius, he became a
Red Army commander in 1918 and a
little more than a year later ended his
meteoric career when he was killed
in a surprise raid by a White Guard
detachment.
Muscovites having noticeably steer-
ed clear of all politically-tinted films
in the past two years, including such
pictures as Pudovkin's "Deserter"
and Viertov's "Three Songs About
Lenin," the Soviet press recognized
that no greater proof of the artistic
merits of "Chapaev" exists than the
phenomenal attendance which is piling
up. The film is the work of the hith-
erto unknown Vassili brothers, each
of whom have received an award of
10,000 rubles. In addition to their
regular monthly salary, they also col-
lect the usual one and one-half per
cent royalty on every admission ticket
sold.
Germans Test a New
270-Foot Projector
Washington, Dec. 6. — At the Nu-
renberg (Germany) National Socialist
Party convention a new Zeiss-Ikon
projector was successfully used, re-
ports the U. S. Department of Com-
merce.
The set is equipped with 4,300-foot
reels and enables an enlargement of
450 times the size of the original.
The size of the picture on the screen
is 27 by 34 feet, with individual actors
appearing up to 20 feet tall.
A Magnosol lamp is used and en-
ables a projection set to be located
270 feet from the screen.
Drop Bank Night Cases
Kansas City, Dec. 6. — The Dick-
inson circuit has withdrawn bank
night complaints filed several weeks
ago against competitors in Lawrence
and Independence, Kan., and Macon,
Mo. Since filing these cases, which
have been held in abeyance at Dick-
inson's request, the circuit has con-
tracted for bank nights in these towns
and throughout the circuit.
Surmounts Strike
Hollywood, Dec. 6.— Ham-
pered by the street-car
strike. "Flirtation Walk,"
pulled in a record business
for its first day at the Hol-
lywood and RKO Hillstreet,
grossing approximately $1,000
at both houses over the first
day's gross for "Dames"
and "Wonder Bar."
Warner Kenosha Spot
Goes to New Concern
Kenosha, Wis., Dec. 6. — The Ke-
nosha Theatre here has been leased
from Warner Bros, by the Standard
Gateway Theater Management, Inc.,
which will also operate the Gateway
here. The Bay in Green Bay and the
Strand in Oshkosh have also been
taken over for local management
through special arrangements. All
were formerly Warner houses.
William Exton, formerly of the
Strand in Oshkosh, is in general
charge here. Jesse C. Lund, man-
ager of the Kenosha for the past three
years, has been named manager of
the Sedgwick in Philadelphia. Harry
J. Corbett of the Gateway has been
named manager of the Bay in Green
Bay, succeeding Larry Conley.
Harry Keesar, former assistant man-
ager of the Gateway, has been named
manager of the house under the di-
rection of Exton.
K. C, Chamber Leads
Move Against NIRA
Kansas City, Dec. 6. — An attempt
to enlist the aid of business men and
industries in twelve states in the Cen-
tral West in fighting reenactment of
the National Industrial Recovery Act
in its present form has been started
by the Kansas City Chamber of Com-
merce.
The move aims to obtain the sup-
port of Congressmen and Senators to
vote for certain changes in the pres-
ent act when it is brought up at the
coming session of Congress. The most
important change would be to give
the Government no authority in mak-
ing codes, its authority to be limited
to either approving or rejecting a
code set up by any industry.
Letters expressing the local cham-
ber's opposition to the NRA are be-
ing sent to chambers of commerce in
the following states : Missouri, Kan-
sas, Arkansas, Arizona, Colorado,
Louisiana, Nebraska, New Mexico,
Oklahoma, Texas, South Dakota and
Wyoming.
Blank Books a Test
Passion Play Week
Grand Island, Neb., Dec. 6. — A
Passion Play during Christmas week
at the Capitol, an A. H. Blank thea-
tre, has been announced by Evert R.
Cummings, district manager.
Rev. Albert Johnson, a Kearney,
Neb., pastor, who has achieved state
fame for staging the Passion Play
each summer in an open-air amphithe-
atre at Kearney, will produce the local
production, using 300 Grand Islanders
in the cast.
If the production goes over, it is
slated to be booked throughout Blank
theatres in Nebraska with possible ul-
timate production in the Paramount in
I Omaha.
Warners Shift 2 Titles
Hollywood, Dec. 6. — Warners
have changed the title of the next
Al Jolson picture, "Casino de Paree,"
to "Go Into Your Dance," which is
the title of an original story by Brad-
ford Ropes.
The studio has also changed the
current Paul Muni picture from
"Black Hell" to "Black Fury."
"Broken Soil" to Start
Hollywood, Dec. 6.— "Broken Soil,"
Samuel Goldwyn's third production
starring Anna Sten, will start shoot-
ing tomorrow. The cast includes
Ralph Bellamy, Helen Vinson and
Siegfried Rumann. King Vidor will
direct.
Para. Borrows Romero
Hollywood, Dec. 6. — Paramount
has borrowed Cesar Romero from
Universal to play Marlene Dietrich's
leading man in "Caprice Espagnol."
In addition Romero is appearing in
"Give in India" at 20th Century.
Dickson Joins Warners
Gregory Dickson, for the last year
and a half with Columbia, has joined
Warners, assisting Stanley Shuford
in handling trade paper advertising
copy.
Gault at Bonnerville
Bonneville, Ore., Dec. 6. — Jack
Gault, well known publicity man and
theatre manager, has been named as
manager of Parker's new Roosevelt
Tampa Gang Sentenced
Tampa, Dec. 6. — -Five years at
hard labor in the state prison at Rai-
ford, was the penalty handed out by
Judge Petteway to the five men who
toted the two-ton safe from the of-
fice of the Ritz on the night of Sept.
4 to a lonely spot in the country
where they broke the safe open and
departed with the $2,000 cash and
$3,500 in jewelry.
'U' to Star Edmund Lowe
Hollywood, Dec. 6. — Universal has
spotted Edmund Lowe in the starring
role of the E. Phillips Oppenheim
story, "The Great Impersonator." The
film is slated to go before cameras in
February. No director has been set.
Kruger Replaces Powell
Hollywood, Dec. 6. — Due to pre-
vious assignments William Powell has
been taken out of the top spot of "The
Casino Murder Case," scheduled for
early production at M-G-M. Otto
Kruger gets the role.
Sedgewick to Do "Yale"
Hollywood, Dec. 6. — Edward
Sedgewick has been handed the di-
rectorial job on the Damon Runyon
story, "Hold 'em Yale," which Charles
Rogers will produce for Paramount.
Ross Nelson Married
Independence, Ore., Dec. 6. — Ross
Nelson, who operates the Isis Theatre
here, has just been married to Mrs.
Myrtle Cummings of Corvallis.
18
MOTION PICTURE
DAILY
Friday, December 7, 1934
British CEA
Overbuilding
Fight Starts
By BRUCE ALLAN
London, Nov. 30.— Cinematograph
Exhibitors' Ass'n. has started its cam-
paign against overbuilding with the
issue of a pamphlet, "Are There Too
Many Cinemas?"
This provocative piece of publicity
consists, as had been announced in ad-
vance, of a reprint of Sam Eckman's
paper on "Overbuilding," read to the
exhibitors' summer conference at
Blackpool, plus the legal opinion from
W. E. Tyldesley Jones, K. C., as to
the rights possessed by licensing au-
thorities to veto new erection. There
is also a foreword, by General Secre-
tary Fuller, as to C. E. A. policy on
this thorny question.
Fuller makes a special protest
against the erection of buildings by
local speculators.
Tyldesley Jones states very explic-
itly the important legal opinion that
licensing authorities "have an absolute
discretion as to the grant or refusal of
a cinematograph license, and there is
no appeal from their refusal."
Expressing the view that, in con-
sidering an application for a new
license, the authorities may "consider
the number of cinemas already in a
district and whether it is in the public
interest that a license for a new cinema
should be granted," Jones emphasizes
that each application must be judged
on its merits. "They cannot fetter their
discretion by deciding beforehand that
they will refuse all new applications,"
and they must consider only public in-
terest and not "the effect of the new
cinema on existing cinemas by reduc-
ing their profits . . . though a refusal
is not invalidated because it inures for
the benefit of the existing licensees."
Another significant feature about the
issue of this pamphlet marks a bury-
ing of the hatchet by Eckman and John
Maxwell. Eckman supplies a post-
script to his paper in which he em-
phasizes that he is not against all new
construction and that he admits the
reasonable nature of competition in
districts where existing halls are out
of date.
Maxwell in his turn has expressed
approval of the pamphlet.
A public meeting is to be organized
by the Trades Council at Manchester
at which an appeal will be made to the
public to refuse to patronize theatres
which do not observe trade union con-
ditions.
This decision is the sequel to the
alleged refusal of local exhibitors to
discuss wage scales and working con-
ditions with the National Association
of Theatrical Employees. Of one hun-
dred and fifty theatres in the Man
Chester area fifty are "union" houses.
Wage negotiations in London have
resulted in a working agreement, for
a trial 12 months, between owners and
employes represented on the Joint Con-
ciliation Board.
The northwestern branch of the C
E. A. has brought to the attention of
the general council the alleged inclu-
sion in a magazine film of items of an
advertising character, puffing well
known products.
* * *
The British Film Institute has issued
as a leaflet a "Survey of the Situation
Regarding Non-Theatrical Cinemato-
graph Apparatus and Films" which in-
cludes details of all available apparatus
for 9 mm., 16 mm. and 17.5 mm. films.
The institute also goes on record in
favor of standardization on the basis of
the I. C. E. 16 mm. system already
adopted in France, Italy and Germany.
* *• *
P. C. T. Construction, Ltd., a G-B
subsidiary, made £101,000 profit for the
year and pays four per cent on ordi-
nary shares. P. C. T. C. is a financing
company to the G. B. theatre com-
panies.
* * *
An unnamed American production
company is reported to be negotiating
with the Irish Free State Government
on the basis that it will erect a mod-
ern studio in return for sole production
rights in the I. F. S. Irish stories will
be acquired and the first film made
next summer.
Associated British Film Distributors
(Dominion and Foreign), Ltd., has
been formed by Basil Dean, chairman
of A. B. F. D. which produced at the
A. T. P. studio, Ealing, London, in
order to cope with increasing sales
abroad.
* * *
Cyril Harris has been appointed
commercial engineer for W. E.
in England, in charge of the non-
theatrical field. Col. W. E. Dennis,
previously commercial engineer, has
resumed the duties of commercial op-
erating manager.
* * *
Charles Scott and Campbell Black,
who won the London-Australia air
race, carried a Mickey Mouse mascot
and a letter from Walt Disney's Lon-
don representative to Mickey Mouse,
Melbourne. * * *
Arthur Dent, managing director of
B. I. P. (Export), Ltd., has closed a
deal with Consolidated Films of Jo-
hannesburg, whereby 25 British In-
ternational films will be secured for
full South African distribution.
Among them are "Blossom Time,"
"The Great Defender," "The Old
Curiosity Shop," "Radio Parade of
1935" and "Du Barry."
British exhibitors running programs
of more than three and one-quarter
hours will be put on the barred list
by distributors who are members of
the Kinematograph Renters' Society.
This entails the refusal of further
films.
The decision follows discussions be-
tween a deputation from the Cinema-
tograph Exhibitors' Ass'n. and the
council of the K. R. S. Double bills,
in addition to newsreels and shorts,
are hit by this decision. Distributors
object to duals because big features
are played on percentage and the cost
of the supporting program reduces
their proportion of receipts.
Deny 2nd Sunday Vote
Melrose, Mass., Dec. 6. — The City
Council has turned down a petition to
re-submit the question of Sunday
shows to the voters on the ground that
the city has voted on the matter once
this year, at the special election last
April, and therefore should not be
called upon to vote again on the same
question the same year. The petition
asked that the question be submitted
again at the city election next month.
Vibrations
Hollywood, Dec. 6. — Take
it from Jack Lewis of the
Producers Assn., it's a gen-
uine thrill to win a poker
hand when traveling 120 miles
an hour.
When Lewis garnered a full
house on his recent trip East
on the Union Pacific Stream-
liner, he wondered whether it
was the train shaking, or just
a case of poker nerves. A
little later he was told they
had just covered two miles
in one minute.
Revues Going
Along Nicely
In Providence
Four New Concerns
Chartered at Dover
Dover, Dec. 6. — Eaves Sound Pro-
jectors, Inc., Show Van, Inc., General
Electric Specialties Corp. and Radio
Club of America-Poland have been
chartered here.
Eaves Sound Projectors, listed capital of
$100,000. The incorporators are M. S. Cook,
A. L. Raughley and J. M. Townsend of
Dover.
Show Van filed to engage in the theatrical
and general amusement business, listing a
capital of $30,000. The incorporators are
Wayne D. Phillips, J. Jack Stanley and Ed-
ward Weinstein of San Antonio, Texas.
General Electric Specialties filed to obtain
and develop patents, listing capital stock
of 2,000 shares, no par value. The incor-
porators are M. M. Lucey, H. I. Brown
an<i L. S. Dorsey of Wilmington.
Radio Club of America- Poland filed to
do a broadcasting business, listing no capi-
tal stock. The incorporators are M. S.
Cook, A. L. Raughley and J. M. Townsend
of Dover.
Atkinson Made Head
Of Canada's Legion
Toronto, Dec. 6. — Dr. Sam Atkin-
son has been named president of the
Legion of Decency in Canada. The
head of the movement is described as
"formerly connected with the motion
picture industry in Chicago."
Dr. Atkinson asserted that "if any
theatre in Ontario shows a picture that
is on the black list, then the people
may be advised not to attend that
theatre at all," pointing out also that
the movement is not confined to Cath-
olics alone.
"The Legion of Decency has been
firmly established and many thousands
of people throughout Canada will take
the pledge," he added.
Salvador Official
Seeks Mexican Film
By JAMES LOCKHART
Mexico City, Dec. 6. — Dagoberto
Galvidia, sub-secretary of state for San
Salvador, is here inspecting film pro-
duction with a view to increasing im-
ports of Mexican films into San Sal-
vador. He says Mexican pictures are
popular there.
Producers here are elated as they
see the possibility of increasing ex-
ports.
Fulton to Des Moines
Des Moines, Dec. 6. — Robert K.
Fulton is to be the new manager of
the Roosevelt, new suburban theatre
scheduled to open Christmas Day as a
member of the A. H. Blank group.
Building and decorating are being
completed and equipment is now being
installed. Fulton comes from the
Strand at Waterloo, where he is being
succeeded by Joe Stewart of the
Garden in Des Moines.
Providence, Dec. 6. — Revues as an
adjunct to first run films are getting
a great play and a big hand at Fay's,
where they have been staged for the
past month.
Realizing that audiences were more
or less fed up on the old-time five acts
of vaudeville, Fay conceived the idea
of the miniature revue and its success
has proved the soundness of his
theory. The revues have comics,
dancers and torch wailers with a
crowd of girls prancing through
smart routines. It looks as though
the policy is in for the winter.
Omaha Again Hears
Bank Night Charge
Omaha, Dec. 6. — The grievance
board established the fact that there
was and is competition between the
Capitol and Rialto theatres at Sioux
City, Iowa, in a rehearing of a bank
night case ordered by Code Authority.
The Capitol, an A. H. Blank house,
was the complainant against the Rialto,
managed by E. E. Seff. The local
board has found Seff guilty of bank
night operation previously and he had
appealed. Code Authority declined to
hear the appeal until the local board
had established the fact the houses
were in competition.
Seff was found guilty by the local
grievance board on a second bank
night charge brought by Nathan Dax,
manager of the Hipp, Sioux City. Seff
did not indicate he would appeal the
second decision.
Kansas Eying Move
For Consumers' Tax
Topeka, Dec. 6. — Exhibitors in
Kansas are watching with interest the
outcome of discussions of the govern-
or's legislative advisory council,
meeting here this week. Additional
taxation measures are up for approval.
Lieutenant Governor Charles W.
Thompson, who is presiding, is ex-
pected to submit his consumers' tax
bill under which this levy would be
substituted for the general property
tax on real estate. A consumers' tax,
which is another name for the sales
tax, would be applied to theatre ad-
missions along with other services.
The advisory council will make rec-
ommendations regarding legislation
to be taken up at the full legislative
session convening in January.
Picketing Ban Upheld
Portland, Dec. 6. — The Rivoli The-
atre Co. has won the first round in
its legal battle to prevent the M. P.
Machine Operators' Protective Union
from picketing its theatre. This has
been going on for three years. Judge
Tucker has overruled a demurrer filed
bv the attornevs for the union.
Sachs Back to Dallas
Dallas, Dec. 6. — Harry Sachs has
returned to Dallas to become booker
for Interstate Circuit, handling the
larger Texas cities. Sachs was re-
cently with Warners' theatres at
Cleveland.
MOTION PICTURE
Friday, December 7, 1934 "f^-^^" ^ I/^V 19
T
Here is what he thinks, the
added significance about it all
resting in the fact that others
are of the same mind even if they
haven't aired what their inner
thoughts happen to be saying:
"I don't know and I don't know-
anyone who does. The code has
increased the cost of production
and I don't know whether or not
we have gotten it back.
"The code has had some good
effects and some bad. I had been
hopeful that it would quiet some
of the kickers in the industry who
wanted justice, but they appar-
ently won't be because their idea
of what justice ought to be is in-
justice."
▼
Officials of the code scheme
would have you believe at one
moment that industry is all
wrong and that through the
omniscience of a few G-men cer-
tain feats of sleight of hand
would be passed over it and im-
mediately it would become all
right," Martin Quigley is on
record as having stated. "The
essence of the code scheme is an
idea of dictatorship." While
the idea of dictatorship is not
very digestible food for the
American businessman, in or
out of motion pictures, it is not
the idea of dictatorship or even
the threatened actuality of a sole
dictatorship in Washington which
has given the greatest amount
of trouble. It is rather the fact
that something has gotten into
the air about the National Capi-
tal which seems to cause gov-
ernment functionaries, of both
greater and lesser importance
... to assume the mental pos-
turings of a dictator in fact."
And at another point : "The mo-
tion picture business will be
what its own men and its own
methods make it." Not yester-
day or the day before was this
commentary voiced, but a year
ago — November 4, 1933, if you
would be exact — in Motion Pic-
ture Herald, although the analy-
Canadians Protest
Music Fee Scales
Ottawa, Dec. 6. — A deputation of
exhibitors and hotel owners waited
upon C. H. Cahan, Secretary of State
in the Dominion Federal Government
at Ottawa this week, to petition for
the appointment of a government com-
mission to investigate fees claimed by
the Performing Rights Society of
Canada.
The theatre men argued that the
annual seat tax levied by the society
is excessive and that the Canadian
Government had the right under the
statutes to order an inquiry into the
various rates charged by the society.
The hotels have been drawn into the
situation because of the imposition of
fees by the society for radio services
for guests in the hostelries, the organ-
ization having claimed the right to
collect such fees under a recent judg-
ment handed down in England.
Cahan asked for additional infor-
mation from the theatre and hotel
owners.
from Warm Springs, Ga., and Wash-
ington any minute now.
Hugh Walpole has arrived in town
from the coast. He sails for England
tonight on the Berengaria.
Irving Samuels of the Automatic
Devices Co. of Allentown, Pa., in and
out in one day.
Johnny Weissmuller and Lupe
Velez left for the coast by train on
Wednesday.
Bert Sanford of Erpi is due back
from a business trip to Boston on
Saturday.
Jules Levy returned from Phila-
delphia yesterday after a sleepless
night.
Saul E. Rogers will be in Boston
on legal business until the week end.
Al Lichtman leaves for Holly-
wood either Sunday or Monday.
Harry Asher, Boston independent,
is in town for a few days.
Harry Brandt leaves for Florida
Dec. 15 for a vacation.
George Arliss will leave for the
coast on Saturday.
Al Friedlander is back from De-
troit and Chicago.
Felix F. Feist is due from Phila-
delphia today.
Ben Amsterdam of Philadelphia is
around.
ceptionally Fine For
Holiday Bookings
C f\ RTOO MS
Real Headline Attractions
"THE BRAVE TIN SOLDIER"
P" "THE LITTLE RED HEN"
"PUSS IN BOOTS"
"VALIANT TAILOR"
"JACK FROST"
Insiders' Outlook
(Continued from page 2)
ested: a steady flow of box-office
attractions. . . .'
T
The drift is clear. Ed Kuy-
kendall, Campi member, has said
his piece and how it read left
little doubt about his sentiments
on the manner in which the
clearance question has been
kicked about. On the theory that
the first anniversary of the code
might move other Campi mem-
bers into the beginning and the
end of quotable material, this
outlook inquired in several direc-
tions yesterday. Bob Cochrane
was heading for the coast to talk
to Carl Laemmle about produc-
tion, the code and perhaps how it
prevents Universal from as-
sembling the sort of casts it
would like to. He was in the
mood for talking, train time being
close at hand. . . .
Purely Personal
LOUIS KORN and Hattie Rein-
stein of the M-G-M home of-
fice, Joe Simon of Toronto, Dan
Hassler, Atlanta; Foster Gauker,
Indianapolis ; Thelma White, Okla-
homa City, and Harold A. Wein-
berger, Washington, celebrate birth-
days Monday.
Buddy Cantor will interview
Frankie Thomas, 12-year-old boy
featured in "The First Legion," at
Station WMCA tomorrow night at
6 :30 o'clock.
Dana Burnet's novel, "The Shin-
ing Adventure," has been acquired by
Fox as a vehicle for Shirley Temple.
The author has been signed to do the
adaptation.
Erle Wright, publicity head of
the Poli Circuit, left for New Haven
last night after a few days in the
city.
E. Phillips Oppenheim's "The
Great Impersonation" has been bought
by Universal. Edmund Lowe and
Jane Wyatt will have the chief roles.
Dave Gould. Puerto Rico mana-
ger for M-G-M, has returned after
an extended trip here for his health.
Paul Lukas has been signed by
M-G-M on a long-term deal. Charles
Reisner has been resigned to direct.
Anita Kurtin has been given an
M-G-M pact and Cecile Murray has
been signed by Hal Roach.
Robert Ellis and Helen Logan
have sold their original, "Happiness
C. O. D., to Chesterfield.
Clifton Webb doesn't report on the
M-G-M lot under his one-picture con-
tract until June.
Booth Tarkin«ton's new story,
"Rennie Peddigoe," has been acquired
by M-G-M.
Edward Childs Carpenter, play-
wright, has been signed by M-G-M.
Hal Horxe attended his first
Ampa meeting since his marriage.
Herbert Gorman's "Suzy" has
been purchased by M-G-M.
ARTHUR SCHWARTZ, who has
been with Universal for seven
years, has joined Harry Brandt as
an assistant to Joe Schwartz in the
booking department. The Schwartzes
are not related.
Adolph Zukor, Sam Dembow,
Howard Dietz, Mort Spring, Harry
and William Brandt, Joe Horn-
stein, Nat Cohen, David Loew,
John W. Alicoate, Louis Nizer and
John and Charles Balaban glimpsed
at the M. P. Club yesterday.
Iris Barry, one of the founders of
the London Film Society, will give
the first of a series of lectures on "The
Fdm in England" before the Film &
Photo League, 31 East 21st St. Sun-
day night.
Katharine Hepburn and Leland
Heyward were glimpsed at the other
night's performance of "The Chil-
dren's Hour." La Hepburn crouched
low in her seat to avoid stares.
Frank Buck sails on the Beren-
garia tonight for London for pre-
liminary work before starting for the
jungles to make another picture.
A. L. Alperson returned yester-
day from Milwaukee after a short
stay. He was in the Beer City sev-
eral weeks ago.
Solly Kjann has joined Artcraft,
printers and lithographers for a num-
ber of independent companies around
town.
Sidney Skolsky, columnist on the
Daily News, is mourning the death
of his father, Louis. He was 80.
Harry Shiffman will be tendered
a birthday luncheon by his friends to-
day at the Paramount Chop House.
Ed Kuykendall leaves for Wash-
ington and points south and west on
Friday, accompanied by his daughter.
Sam Jacobsox leaves within the
next few days for a boat trip to Ha-
vana and Jamaica for a vacation.
Frank C. Walker is due back
sis holds forth now, exactly as
it did then. . . .
T
That which the code has done
has been to provide a forum,
backed vaguely and shadow-like
by the prestige of the Federal
Government, to hear the com-
plaints of those who have them
or think they have. A good
thing this and a step in the right
direction, to annex one of W'ill
Hays' pet expressions. There
have been some adjustments, it
is true, especially in the flood
of overbuying cases which has
hit various code boards through-
out the country. But the conclu-
sion is nevertheless indisputable
that the code, by and large, has
so far failed of its purpose. Per-
haps it has failed because the
scope encompassed in that orig-
inal purpose was too gargan-
tuan, too Utopian and too all-
embracing. Men and tactics will
not change because something
called a code tells them to do so.
If the license-revoking power
of the instrument had been used
just once, the lesson thus con-
veyed might have been convinc-
ing. It was not for whatever the
reason and results, therefore, are
what thev are. ... K A N N
/. A. Curtis Goes West
John A. Curtis, vice-president of
First Division, has left for the coast.
"JACK AND THE BEANSTALK"
"ALADDIN AND WONDERFUL LAM
"THE OUEEN OF HEARTS"
"THE HEADLESS HORSEMAN"
"DON OUIXOTE"
20
MOTION PICTURE
DAILY
Friday, December 7, 1934
Hollywood Personals
Hollywood, Dec. 6.— Charles Boyer and Pat Paterson in from
New York. . . . Busby Berkeley busy with a huge Coney Island
number for "Gold Diggers of 1935" at Warners. . . . Dick Powell's
parents here on a visit from Arkansas Pat O'Brien and Mrs.
O'B. to San Francisco for the premiere of "Flirtation Walk". . . .
Ethel Hill over the flu. . . . Not so with Carole Lombard who is
still at home Earl Rettig, unit man for Jesse Lasky at Fox,
married to Rosalie Castner, in Tia Juana the other day Ernst
Lubitsch, David Selznick, and Harry Rapf in charge of the enter-
tainment committee for the first Mayfair ball Saturday. . . . Felix
Young has had his Radio office decorated with Gallic tapestries.
. . . Edmund Goulding commutes to Palm Springs every day by
plane to visit Mrs. G., now almost recovered from her illness. . . .
Marion Marsh up again after an attack of ptomaine poisoning.
. . . Paul Muni flying to New York for a play. . . . John Stone va-
cationing in Palm Springs. . . The Henry Ginsbergs in Palm
Springs for a vacation. . . . Roland Young to New York December
20 to appear in a play on Broadway. . . . Elizabeth Allen to spend
Christmas in New York. . . . Having finished her role in "David
Copperfield" at M-G-M, Jean Cadell is aboard the Reliance en
route to London via the Canal. . . . Sam Cohen has another cold.
. . . Ginger Rogers a blonde again. . . Dorothy Parker the sensa-
tion of the Screen Actors Ball — at least to all those within ear-
shot. . . . George Brent gets the male lead in Warners' "Oil for
the Lamps of China." . . . Una Merkel and husband and a party
to Arrowhead over the week-end. . . . Errol Flynn in romantic
lead opposite Kay Francis in "A Present from Margate" at War-
ners. . . . The second section of Marion Davies' bungalow has been
delivered to the Warner lot. . . . Kent Taylor has changed the
shape of his mustache. . . . Joseph Schenck in Hollywood from
Europe. . . . Freddie Fox now assistant director on "The Folies
Bergere de Paree" for 20th Century. . . . Jeanne Waid surprised
friends by eloping with Lawrence Tarver two weeks ago The
newlyweds are now in San Francisco. ... Ed Flynn a guest of
Winfield Sheehan on the Fox lot. . . . Charlie Butterworth back
from the east. . . .
Brazil Pickup
Found Gaining
By MacDonald
With the clearing up of the political
situation and improvement in the cof-
fee business, theatres in Brazil like-
wise will benefit, Karl MacDonald,
assistant to Sam Morris, foreign head
of Warners, states following a seven-
week trip to Brazil, Trinidad, Vene-
zuela, Curacao, Jamaica and Cuba.
"There is a tremendous improve-
ment in both these situations and the
outlook for the theatre business is also
good," he said. "Theatres are operated
too cheaply and the price of admis-
sion is low," MacDonald declares.
However, the theatre business is
headed for better days and real ad-
mission prices, he says.
Quite a bit of building is going on,
the Warner foreign executive says.
Recently a new 2,100-seat house was
opened just outside of Rio de Janeiro.
Another neighborhood theatre is be-
ing built by Adhemar Riberio, who
owns four downtown first runs. Ribe-
rio's new theatre will seat from 1,500
to 2,000.
Jose B. Andrade of Santos, where
he operates a big circuit, is building
a new 3,500-seat theatre in the Braz
section of San Paulo. There are al-
ready two theatres in this district,
MacDonald asserts.
Things in general are going along
nicely in these countries, the Warner
official states. This was his second
trip to Brazil and the West Indies
since July. On his first trek, Mac-
Donald installed Harry Novak, for-
merly with Paramount, as general
manager of the Buenos Aires office.
On his last trip, he took Nat Liebs-
kind to Rio de Janeiro where Liebs-
kind replaced William Fait as man-
ager of the Warner branch.
New Transformers
For Warner Studio
Hollywood, Dec. 6.- — Warners are
installing six new 33,000-volt trans-
formers, which will give the Burbank
studio facilities for generating more
electrical power than anv other major
studio. Frank Murphy, head of the
electrical department, is in charge of
the installation, which is being rushed
to be used on major Warner produc-
tions of the year which are "Mid-
summer Night's Dream," "Go Into
Your Dance," "Gold Diggers of 1935"
and "Black Fury."
The new transformers weigh 15,000
pounds each and will generate power
for the four new studio stages now
under construction. This new equip-
ment doubles the amount of electrical
apparatus formerly used at Warners.
Start Work on "Laddie"
Hollywood, Dec. 6. — "Laddie," with
John Beal in the title role, goes into
work Dec. 10 at Radio.
George Stevens will direct under the
Pandro Berman production banner.
Penzner Switches Lots
Hollywood, Dec. 6. — Seeking larger
studio facilities for the production of
its first picture, "The King's High-
way," Penzner Prod, has moved from
Talisman studios to Prudential.
Watt Joins Small
Hollywood, Dec. 6. — Nate Watt,
associated with Lewis Milestone for
several years as assistant, has signed
a nine-month contract with Edward
Small to act in a similar capacity.
Watt's contract allows him to do
outside pictures providing Small
doesn't need him. He recently com-
pleted writing, directing and editing
of "A Week-End in Agua Caliente,"
a Spanish musical short which United
Artists produced for the Mexican
Government.
Finish "Bengal Lancer"
Hollywood, Dec. 6.- — After three
years of consideration with the story
started and abandoned at frequent in-
tervals, "Lives of a Bengal Lancer"
is at last in the cutting rooms fol-
lowing 88 days of shooting. The pic-
ture has been identified as the "jynx
of all jynx pictures" on the Para-
mount lot. More than 40 persons were
injured slightly and seriously during
the filming of the battle scenes.
Adler Joins Roach
Hollywood, Dec. 6. — Felix Adler,
former scribbler for Harold Lloyd,
has been signed by Hal Roach to work
on an untitled feature which Sam Tay-
lor will direct.
The Ben Jacksen and Harold Ley-
ton office set the deal.
Preparing Radio Series
Hollywood, Dec. 6. — Helen Hayes
is preparing a series of dramatic
sketches which she will deliver over
the radio early in the spring. She will
broadcast once a week over a national
hook-up from New York.
Using New RCA "Mike"
Hollywood, Dec. 6. — RKO has in-
stalled the new RCA ribbon velocity
microphones on the "Roberta" sets.
Switches O'Brien Group
Hollywood, Dec. 6. — Sol Lesser has
decided to rush "When a Man's a
Man," Harold Bell Wright story fea-
turing George O'Brien, into produc-
tion before completing "The Cowboy
Millionaire," which still has two
weeks to go.
The new schedule will probably af-
fect the release dates on the two
films, the latter of which was par-
tially filmed in England.
Buy "Crimson Ice"
Hollywood, Dec. 6. — Paramount
has purchased "Crimson Ice," novel
by Rex Deane and Courtland Fitz-
simmons. It is a murder mystery
woven around a hockey game. Cary
Grant will be featured. Fitzsimmons
is coming from New York to prepare
the screenplay. Charles R. Rogers
will produce.
"Typee" in Preparation
Hollywood, Dec. 6. — M-G-M is
readying a production unit for a trip
to the South Seas in two weeks to
film "Typee," Phil Goldstone's first
effort for the studio.
The picture stars Mala. No direc-
tor has been set.
Start Ambulance Film
Hollywood, Dec. 6. — M-G-M has
"Ambulance Call" before the cameras.
The cast features Chester Morris and
has Robert Taylor, William Henry,
Louise Henrv, Johnny Hines, Sid Sil-
vers, Billie Burke and Mary Jo
Mathews in supporting roles.
Join "U" Troupe
Hollywood, Dec. 6.— Irene Biller
and Irene Ware have joined Univer-
sal as members of the stock company.
Miss Biller's first role will be in "The
Great Ziegfield." Miss Ware's first
will be in "Rendezvous at Midnight."
Studio Aides
Seeking Work
By SERA Plan
Hollywood, Dec. 6. — Unemployed
technicians, writers and directors will
be given an opportunity for employ-
ment under a producing olan spon-
sored by the SERA. The employes
will be paid by the state and will aid
in the filming of various industrial
projects and historical happenings for
Government files, much on the same
order of the films taken during the
World War.
The A. S. C. has had delegates in
Washington for the past two months
promoting the scheme in order to
place their idle cameramen and as-
sistants.
Warner Rearranging
Studio Assignments
Hollywood, Dec. 6. — With in-
creased production, caused principally
by the alliance with Cosmopolitan,
Jack L. Warner is reapportioning
production assignments so that the
whole burden may not fall upon his
or Hall Wallis' shoulders. Forth-
coming productions will be distributed
to Robert Presnell, Harry Joe Brown,
Sam Bischoff, James Seymour and
Robert Lord, who will have com-
plete charge of one group of pictures
under the general supervision of J. L.
Warner.
"Beau Brummel" Set
Hollywood, Dec. 6. — Reliance
Pictures has definitely decided to pro-
duce "Beau Brummel." Other com-
panies have announced the picture,
but Edward Small, vice-president, has
decided to start and has a deal on
for the services of Robert Donat.
Hardwicke Role Fixed
Hollywood, Dec. 6. — Cedric riard-
wicke, English actor, is here from
New York on a one-picture deal with
Radio. The actor goes to the Pathe
lot immediately for a lead in produc-
tion, "Becky Sharp."
Roach Signs Duncan
Hollywood, Dec. 6. — Arietta Dun-
can has been handed a long-term con-
tract by the Roach studio. The deal
was set by the O'Reilly and Mann
office.
Boasberg on Script
Hollywo id, Dec. 6. — Al Boasberg
has gone over to Radio to pen the next
Wheeler and Woolsey, "Murder in
Tin Pan Alley." The deal was nego-
tiated by Ben Jacksen and Harold
Leyton, Inc.
With Lowe-McLaglen
Hollywood, Dec. 6. — Florence Rice
has been signed by Fox for the ro-
mantic lead in "East River" with Ed-
mund Lowe and Victor McLaglen.
Oakie in "Milky Way"
Hollywo d. Dec. 6. — Jack Oakie
has been definitely set for the male
lead in "The Milky Way" at Para-
mount. Roscoe Karns will also have
a feature part.
In the East-
IN BOSTON- "Gala week; 'Flirtation' wham . . . leading the
town by big margin at the Metropolitan," says Variety.
IN NEWARK— Variety says— "nothing like this in years at
the Branford." Held over.
IN PITTSBURGH- Stand-out business— best week the Stanley
has had in year!
IN WASHINGTON— Standees and turnaways every perform-
ance at the Earle.
IN BALTIMORE— Biggest business in months at the Stanley.
IN WORCESTER- Topped records of "Footlight Parade" and
"Wonder Bar" at the Warner.
IN SPRINGFIELD- Beat "Footlight Parade" and "Wonder
Bar" by tremendous margins.
Military and civic celebrities throng
St. Louis' brilliant Shubert-Rialto
premiere.
In the Midwest-
IN CLEVELAND— Tremendous at Hippodrome, topping
"Wonder Bar" gross by almost $2000.
IN AKRON— More than double opening days of "Footlight
Parade" and "Wonder Bar" at the Strand.
IN YOUNGSTOWN— Biggest musical gross of the year at
the Warner.
IN ST. LOUIS— Stand-out business— held over 2nd week— at
the Shubert-Rialto.
IN MILWAUKEE— Greatest attendance in three years at the
Warner.
IN INDIANAPOLIS- "Out-grossing any picture to play this
house or town this year— Variety.
IN CHICAGO - Capacity at the Roosevelt. Well on its way
to a top gross.
IN CINCINNATI- Packing 'em in at Keith's. "Theatre's best
take in months." — Variety
In the South-
IN DALLAS —Topped opening day business of "Wonder Bar"
and "Footlight Parade" at the Palace.
IN BIRMINGHAM- " ' Flirtation Walk' topping Birmingham
at the Alabama". — Variety
IN HOUSTON— Grand opening day business topped "Dames"
and "Footlight Parade" at the Majestic.
IN SAN ANTONIO — Greatest single day's business in
months — topping "Dames", "Wonder Bar" and "Foot-
light Parade" at the Aztec.
IN FORT WORTH —Another smash opening day, leading
"Dames", ''Footlight Parade" and "Wonder Bar" by heavy
margin at the Worth.
IN MEMPHIS — Doubled any previous Thanksgiving gross
at Warner.
In the West
IN HOLLYWOOD- Opened the Hollywood at $2. to smash
opening day's business, topping "Wonder Bar" and
"Dames" by $800.
IN SAN FRANCISCO - Warfield leading all other theatres
with terrific gross and capacity crowds.
IN DENVER- With wintry weather blasting the town, the
Denver walked away with highest gross and grand business.
IN PORTLAND - Held second week and doing smashing
business at the Broadway.
FLIRTATION WALK
fkst <4 7>Ue Bi$ Skats (tern Wwum Bws.
MORE NEWS ON PAGE
Friday, December 7, 1934
MOTION PICTURE
DAILY
25
VeU" Pulls
$13,250 Take
In Pittsburgh
Pittsburgh, Dec. 6. — The sole
standout here last week was "The
Painted Veil," which collected $13,250
n the Penn. That's nice business, con-
siderably better than average, but noth-
ng compared to the grosses Garbo
nlms used to roll up a couple of years
igo.
At the Alvin, there were no kicks
,\ith the holdover of "The White Pa-
■ade," which was good for $9,000 in
nve days of its second week. The Pitt,
-eturning to unit shows, picked up
,vith "The Bowery Music Hall Fol-
ies" and "I'll Fix It" on the screen,
lining above $6,000, while "What
Every Woman Knows" was something
)f a disappointment at the Fulton, do-
ng only, around $3,300 in four days.
"The St. Louis Kid" and Paul
^Vhiteman's band couldn't better $17,-
)00 at the Stanley and the combination
)f "The Pursuit of Happiness" and
Wednesday's Child" was good for
)nly $4,200 at the Warner.
Total grosses in six first runs were
?52,950. Average is $56,000.
Estimated takings for the week end-
ng Nov. 29:
"THE WHITE PARADE" (Fox)
ALVIN — (2,000), 2Sc-40c, 5 days, 2nd
iveek. Stage: Johnny Perkins, Blenders
Quartet, Marie and Antoinette, Jerry May-
hall's band and others. Gross: $9,000.
(Average, for 6 days, $10,000.)
"WHAT EVERY WOMAN KNOWS"
(M-G-M)
FULTON— (1,750), 15c-40c, 4 days. Gross:
£3,300. (Average, for 6 days, $4,500.)
"THE PAINTED VEIL" (M-G-M)
PENN— (3.300), 2Sc-50c, 6 days. Gross:
>13,250. (Average, $12,000.)
"I'LL FIX IT" (Col.)
PITT— (1,600), 15c-35c, 6 days. Stage:
'Bowery Music Hall Follies" with Frank
Farnum. Gross: $6,200. (Average, $5,500.)
"THE ST. LOUIS KID" (Warners)
STANLEY — (3,600), 25c-60c, 5 days.
Stage: Paul Whiteman's band. Gross:
517,000. (Average, for 6 days, $19,000.)
"PURSUIT OF HAPPINESS" (Para.)
"WEDNESDAY'S CHILD" (Radio)
WARNER— (2,000). 25c-40c, 6 days. Gross:
$4,200. (Average, $5,000.)
"White Parade" Is
Top Draw in Omaha
Omaha, Dec. 6.— "The White Pa-
rade," heading a dual bill with "The
Curtain Falls," was good for $9,000,
over the line-up $1,500.
"Happiness Ahead" and "By Your
Leave" took a nice $4,000 at the Bran-
□eiSj and "What Every Woman
Knows" and "No Ransom," the third
dual, was good for $3,800 at the
World.
Total first run business was $22,800.
Average is $22,500.
Estimated takings :
Week Ending Nov. 28:
"WHAT EVERY WOMAN KNOWS"
(M-G-M)
"NO RANSOM" (Liberty)
WORLD — (2.200), 25c-40c, 7 days. Gross:
$3,800. (Average. $3,500)
"THE PAINTED VEIL" (M-G-M)
PARAMOUNT — (2.800). 7 days, 25c-40c.
Gross: $6,000. (Average, $8,000)
"HAPPINESS AHEAD" (Warners)
"BY YOUR LEAVE" (Radio)
BRAN DEIS — (1.200), 7 days, 25c-40c.
Gross: $4,000. (Average, $3,500)
"THE WHITE PARADE" (Fox)
"THE CURTAIN FALLS" (Chesterfield)
ORPHEUM— (3.000), 7 days, 25c-4Cc.
Gross: $9,000. (Average, $7,500)
"Rhythm" Gets
Lead in Heavy
Boston Pickup
Boston, Dec. 6. — Grosses took an-
other bound last week for one of the
best records since the bank holidays
were forgotten. First runs piled up
$113,000. Midnight shows, plus holi-
day business, helped, along with the
end of the football season.
"College Rhythm" packed the Met-
ropolitan for a total of $33,500, which
just beat out last week's grosses by
$500. Larger gains were made by
"The White Parade" at Keith's which
went $4,500 over the top, while "Kid
Millions" at Loew's State went to
$4,000 above par. The Boston, with
"Lady by Choice," was good for $3,000
over average.
Total first run business was $113,-
000. Average is $94,000.
Estimated takings for the week end-
ing Nov. 29:
"LADY BY CHOICE" (CoL)
BOSTON — (2,900) , 25c-50c, 7 days. Vaude.
Gross: $19,000. (Average, $16,000.)
"CHU CHIN CHOW" (Gaumont British)
"READY FOR LOVE" (Para.)
FENWAY — (1,800), 30c-50c, 7 days.
Gross: $10,500. (Average, $9,000.)
"THE WHITE PARADE" (Fox)
KEITH'S — (3,500), 25c-65c, 7 days. Gross:
$20,500. (Average, $16,000.)
"KID MILLIONS" (U. A.)
LOEW'S STATE— (3,700), 35c-50c, 7 days.
Gross: $20,000. (Average, $16,000.)
"COLLEGE RHYTHM" (Para.)
METROPOLITAN — (4,350), 30c-65c, 7
days. Stage: Ina Ray Hutton and Melo-
dears. Gross: $33,500. (Average, $28,000.)
"CHU CHIN CHOW" (Gaumont British)
"READY FOR LOVE" (Para.)
PARAMOUNT— (1.800), 30c-50c, 7 days.
Gross: $10,000. (Average, $9,000.)
"Kernels," Stars
Smash in Portland
Portland, Dec. 6. — Thanksgiving
week brought gains all along the line.
Wheeler and Woolsey dominated both
stage and screen at Hamrick's Or-
pheum and put the SRO well out in
front with a take on "Kentucky Ker-
nels" of $8,000, or $5,000 over normal.
"Flirtation Walk" at the Broadway
was held over with a take of $6,500,
or $1,500 over normal.
A heavy week at the Paramount,
with "College Rhythm" and a show,
brought in $8,000, or $3,000 over nor-
mal.
"One Night of Love" moved to the
Mayfair for an extended run and took
$3,500, exceeding par by $500.
Total first business was $35,600.
Average is $25,000.
Estimated takings for the week end-
ing Nov. 30 :
"FLIRTATION WALK" (F. N.)
BROADWAY— (1,912), 25c-35c-40c, 7 days.
Gross: $6,500. (Average, $5,000.)
"ONE EXCITING ADVENTURE" (Univ.)
"CASE OF THE HOWLING DOG"
(Warners)
ORIENTAL— (2,040), 25c, 7 days. Gross:
$1,800. (Average, $2,000.)
"KENTUCKY KERNELS" (Radio)
HAMRICK'S ORPHEUM — (1,700), 25c-
35c-40c, 7 days. Stage show. Gross: $8,000.
(Average, $5,000.)
"THE GAY DIVORCEE" (Radio)
MUSIC BOX— (1,000), 25c-35c, 7 days, 5th
week. Gross: $1,800. (Average, $2,000.)
"ONE NIGHT OF LOVE" (Col.)
MAYFAIR — (1,700), 25c-35c, 7 days.
Gross $3,500. (Average, $3,000.)
"COLLEGE RHYTHM" (Para.)
PARAMOUNT— (3,008), 25c-35c-40c, 7
days. Gross: $8,000. (A"erage, $5,000.)
"KID MILLIONS" (U. A.)
UNITED ARTISTS — (945). 25c-35c-40c, 7
days. Gross: $6,000. (Average, $5,000.)
"Parade" Hit
In Cleveland;
Tops Par 100%
Cleveland, Dec. 6. — "The White
Parade" was the big show of the week.
It doubled average at the Hippodrome
with a $12,000 gross.
"The St. Louis Kid," with a $5,200
take against a $3,000 average, went
into second place. Garbo was a disap-
pointment with $11,000 at Loew's
State. "Wagon Wheels" went 50 per
cent over par at the Lake, which is
usually a second run. The weather
was fine.
Three houses advanced their open-
ings one day for Thanksgiving.
Total first run business was $41,900.
Average is $49,000.
Estimated takings for the week end-
ing Nov. 30:
"ST. LOUIS KID" (Warners)
ALLEN — (3,300), 20c-30c-40c, 7 days.
Gross: $5,200. (Average, $3,000.)
"THE WHITE PARADE" (Fox)
WARNERS' HIPPODROME— (3,800),
30c-35c-44c, 7 days. Gross: $12,000. (Aver-
age, $6,000.)
"MARIE GALANTE" (Fox)
RKO PALACE— (3,100), 30c-40c-60c. 6
days. Stage: Benny Davis' Star Dust Re-
vue. Gross: $9,000. (Average, $15,000.)
"PAINTED VEIL" (M-G-M)
LOEW'S STATE— (3,400), 30c-35c-44c, 6
days. Gross: $11,000. (Average, in 7 days,
$10,000.)
"WHAT EVERY WOMAN KNOWS"
(M-G-M)
LOEW'S STILLM AN — (1,900), 20c-30c-
40c, 6 days. Gross: $3,000. (Average, for 7
days, $4,000.)
"WAGON WHEELS" (Para.)
WARNERS' LAKE — (800), 20c-25c, 7
days. Gross: $1,700. (Average, $1,100.)
"Widow" Montreal
Top with $14,000
Montreal, Dec. 6. — The last week
in November in Montreal saw two the-
atres playing the second and last week
of an attraction while a third decided
to extend an engagement. "The Merry
Widow" was the feature that was held
over and it brought the Palace $14,000
for the first seven days.
The final week of "The Gay Di-
vorcee" registered $8,000 for the Capi-
tol with the help of a new second fea-
ture, "The Fountain." At the Princess,
"The Last Gentleman" earned $7,000,
as compared with a first week of
$9,000.
Total first run business was $44,000.
Average is $40,500.
Estimated takings for the week end-
ing Dec. 1 :
"THE GAY DIVORCEE" (Radio)
"THE FOUNTAIN" (Radio)
CAPITOL— (2,547), 25c-35c-40c-50c-60c, 7
days, 2nd week. Gross: $8,000. First week:
$11,500. (Average, $9,500j
"PURSUED" (Fox)
IMPERIAL— (1,914), 15c-25c-35c, 7 days.
Stage: "In Gay Borneo." Gross: $3,500.
(Average, $3,500.)
"STUDENT TOUR" (M-G-M)
LOEW'S — (3,115), 30c-40c-45c-57c-75c, 7
days. Stage: "Sidewalk Cafe," with Benny
Ross and acts. Gross: $11,500. (Average,
$10,500.)
"THE MERRY WIDOW" (M-G-M)
PALACE— (2,600), 30c-34c-40c-50c-65c, 7
days. Gross: $14,000. (Average, $11,000.)
"THE LAST GENTLEMAN" (U. A.)
"BLIND DATE" (Col.)
PRINCESS— (2,272), 30c-35c-5Oc-65c, 7
days, 2nd week. Gross: $7,000. First week:
$9,000. (Average, $6,000.)
"Tour" Show
Get $25,000,
Best on Loop
Chicago, Dec. 6. — Loop takes picked
up last week with the Oriental show-
ing decidedly good results. The $25,-
000 gross there was over normal by
$10,000, due to the combination of
"The Student Tour" on the screen and
Olsen & Johnson on the stage.
"College Rhythm" and Joe Penner
at the Chicago were also in the big
money, getting $42,000, over the line
by $7,400. "One Night of Love" in
its sixth Loop week was still good for
$5,800 at the 900-seat Garrick.
Total first run business was $129,-
800. Average is $131,600.
Estimated takings :
Week Ending Nov. 27:
"THE MERRY WIDOW" (M-G-M)
ROOSEVELT— (1,591), 25c-35c-50c, 3rd
week, 7 days. Gross: $9,000. (Average,
$11,000.)
Week Ending Nov. 28:
"WE LIVE AGAIN" (M-G-M)
UNITED ARTISTS— (1,700), 30c-40c-60c.
7 days. Gross: $18,000. (Average, $17,000.)
Week Ending Nov. 29:
"COLLLGE RHYTHM" (Para.)
CHICAGO — (4,000), 25c-50c-68c, 7 days.
Stage: Joe Penner, Gomez & Winona, Wil-
liam Hall, 4 Trojans. Gross: $42,000. (Aver-
age, $34,600.)
"STUDENT TOUR" (M-G-M)
ORIENTAL — (3,940), 25c-40c, 7 days.
Stage: Olsen & Johnson comedy revue.
Gross: $25,000. (Average, $15,000.)
"KENTUCKY KERNELS" (Radio)
PALACE— (2,509), 25c-35c-50c, 5 days.
Stage: Mark & Fischer & orchestra,
Daphne Pollard, Frank Gaby, Adler &
Bradford. Gross: $8,000. (Average, $22,000.)
Week Ending Nov. 30:
"WHAT EVERY WOMAN KNOWS"
(M-G-M)
APOLLO— (1,400), 25c-35c-50c, 7 davs.
Gross: $9,000. (Average, $12,000.)
Week Ending Dec. 1:
"ONE NIGHT OF LOVE" (Col.)
(6th Loop week)
GARRICK — (900), 25c-35c-40c, 7 days.
Gross: $5,800. (Average, $5,000.)
"GRIDIRON FLASH" (Radio)
STATE-LAKE — (2,7;6), 20c-25c-35c, 7
days. Stage: Shuffle Along." colored revue.
Gross: $13,000. (Average, $15,000.)
"Lemon" and Show
Lead in Oklahoma
Oklahoma City, Dec. 6. — A combi-
nation of "The Lemon Drop Kid" on
the screen and "Variety Flashes" on
the stage at the Liberty grabbed a big
$2,487 in four days. Average for a
week is $2,000. "Death on the Dia-
mond," with the same stage show, was
good for $1,500 for the last three days.
Stage shows are giving the Liberty
the lion's share of the business here
these days.
"The Painted Veil" took a par
$4,000 at the Midwest.
Total first run business was $14,087.
Average is $13,500.
Estimated takings for the week end-
ing Dec. 1 :
"IMITATION OF LIFE" (Univ.)
WARNER— (1.900), 10c-20c-36c-Jlc-56c, 7
days. Gross: $4,300. (Average, $5,000.)
"THE PAINTED VEIL" (M-G-M)
MIDWEST — (1,500). 10c-26c-36c-S6c, 7
days. Gross: $4,000. (Average, $4,000.)
"PURSUIT OF HAPPINESS" (Para.)
CAPITOL— (1,200), 10c-20c-26c-36c-41c, 7
days. Gross: $1,800. (Average, $2,500.)
"LEMON DROP KID" (Para.)
LIBERTY— (1,500). 10c-15c-26c-36c, 4 dbys.
Stage: "Variety Flashes." Gross: $2,487.
(Average week, $2,000.)
"DEATH ON THE DIAMOND" (M-G-M)
LIBERTY— (1.500), 10c-15c-26c-36c, 3 days.
Stage: "Variety Flashes." Gross: $1,500.
(Average week, $2,000.)
26
MOTION PICTURE
DAILY
Friday, December 7, 1934
"Kid Millions" at $6,000
Over Par 'Frisco 's Best
Cantor Grabs
Big $13,000,
Philadelphia
Philadelphia, Dec. 6. — "Kid Mil-
lions" was the highlight of a disap-
nointing Thanksgiving week else-
where. It piled up $13,000, nearly
twice the normal take, at the Aldine.
"Lady By Choice," with a stage
show headed by Amos 'n' Andy, ran
up to $17,000, oyer par by $5,000, and
"The White Parade," in its second
week at the Fox, grabbed $14,000.
Total first run business was $80,900.
Average is $70,300.
Estimated takings for the week
ending Nov. 29 :
"KID MILLIONS" (U.A.)
ALDINE — (1,200) , 35c-40c-S5c, 6 days.
Gross: $13,000. (Average, $7,000)
"WHAT EVERY WOMAN KNOWS"
(M-G-M)
(2nd run)
ARCADIA— (600), 25c-35c-<l0c, 7 days.
Gross: $3,100. (Average, 6 days. $2,400)
"COLLEGE RHYTHM" (Para.)
BOYD— (2,400). 35c-40c-55c, 6 days.
Gross: $11,000. (Average, $12,000)
"LADY BY CHOICE" (Col.)
EARLE— (2,000), 40c-55c-65c, 6 days.
Stage: Amos 'n' Andy in person; Eddie
White, Harrv Burns and Company; Stars
of the Future. Gross: $17,000. (Average,
$12,000)
"THE WHITE PARADE" (Fox)
FOX — (2,000) , 35c-55c-65c, 5 days, 2nd
week. Gross: $14,000. (Average, 6 days,
$12,000)
"GAY DIVORCEE" (Radio)
(2nd run)
KARLTON— (1,000), 25c-30c-40c, 6 days.
Gross: $3,500. (Average, $3,500)
"GIRL OF THE LIMBERLOST"
(Monogram)
LOCUST— (1,300), 35c-40c-55c, 6 days.
Gross: $2,700. (Average, $5,000)
"ST. LOUIS KID" (Warners)
STANLEY— (3,700), 35c-40c-55c, 6 days.
Gross: $11,000. (Average, $12,000)
"GENTLEMEN ARE BORN" (F.N.)
STANTON — (1,700), 35c-40c-50c, 6 days.
Gross: $5,600. (Average, $6,000)
"Kid Millions" Is
Providence Smash
Providence, Dec. 6. — Holiday busi-
ness brought smiles to exhibitors here
with most houses going over their
average takes by sizeable margins.
Loew's State caught the heaviest
sugar with "Kid Millions," chalking
up $14,000, which is $2,000 over par.
"Flirtation Walk" boosted the Ma-
jesties usual $7,000 score by $2,800
and Fay's came through with $8,000.
The RKO Albee, booking "Kentucky
Kernels" and a revue, was strong at
$8,500. "Pursuit of Happiness" and
"The Successful Failure" at the
Strand caught an average $6,500.
Total first run business was
$48,600. Average is $40,500.
Estimated takings for the week
ending Nov. 29 :
"PURSUIT OF HAPPINESS" (Para.)
"THE SUCCESSFUL FAILURE"
(Monogram)
STRAND— (2,300), 15c-40c, 7 davs. Gross:
$6,500. (Average, $6,500)
"CHEATING CHEATERS" (Univ.)
FAY'S — (1,600), 15c-40c, 7 days. Stage:
"Anatole's Affairs of 1935." Gross: $8,000.
(Average, $7,000)
"FLIRTATION WALK" (F.N.)
MAJESTIC— (2,400), 15c-40c, 7 days.
Gross: $9,800. (Average, $7,000)
"KENTUCKY KERNELS" (Radio)
RKO ALBEE— (2,300), 15c-40c. 7 days.
Stage: "Revue Internationale." Gross:
$8,900. (Average. $7,000)
"KID MILLIONS" (U.A.)
LOEW'S STATE — (3,800), 15c-40c. 7
days. Gross: $14,000. (Average, $12,000)
"NO RANSOM" (Cameo)
"BRAND OF HATES" (Bay State)
RKO VICTORY— (1,600). 10c-25c, 4 days.
Gross: $1,400. (Average, $1,000)
San Francisco, Dec. 6. — "Kid
Millions" got off to a flying start at
the United Artists by piling up
$14,000, over par by $6,000.
"Chu Chin Chow" was also strong,
getting $14,000 at the Golden Gate,
and "Imitation of Life" was in the
money at the Orpheum with an
$11,000 take.
Total first run business was $87,000.
Average is $83,000.
Estimated takings :
Week Ending Nov. 27:
"CHU CHIN CHOW" (Gaumont-British)
GOLDEN GATE— (2,800), 25c-35c-40c, 7
days. Stage, band. Gross: $14,000. (Aver-
age, $13,000)
Week Ending Nov. 28:
"365 NIGHTS IN HOLLYWOOD" (Fox)
"THE DEFENSE RESTS" (Col.)
FOX— (4,600), 15c-30s-40c, 7 days. Gross:
$8,000. (Average, $11,000)
"BABBITT" (Warners)
"PURSUIT OF HAPPINESS" (Para.)
PARAMOUNT— (2,670), 25c-3Sc-55c-65c, 7
days. Gross: $11,000. (Average, $11,000)
"EVELYN PRENTICE" (M-G-M)
WARFIELD— (2.700). 25c-35c-55c-65c, 7
days. Stage, band. Gross: $22,000. (Aver-
age, $23,000)
Week Ending Nov. 29:
"IMITATION OF LIFE" (Univ.)
ORPHEUM— (3,000), 15c-30c-35c-4Cc. 7
days. Gross: $11,000. (Average, $9,000)
"WHITE PARADE" (Fox)
ST. FRANCIS— (1,400), 15c-35c-55c, 7
days. Gross: $7,000. (Average. $8,000)
"KID MILLIONS" (U.A.)
UNITED ARTISTS— (1.200), 15c-35c-55c,
7 days. Gross: $14,000. (Average, $8,000)
"Rhythm" and Savo
Smash Buffalo Hit
Buffalo, Dec. 6. — "College
Rhythm" took this town by storm
last week, piling up $18,700 at the
Buffalo, with Jimmy Savo heading
the stage bill. The gross was $4,400
over par.
At the Hippodrome, "Flirtation
Walk" was also in the big money,
getting $11,400, up by $3,400. "Great
Expectations" and "Cheating Cheat-
ers," on a dual bill, made a good
showing with $6,800 at the Lafayette.
Total first run business was $51,700.
Average is $42,800.
Estimated takings for the week
ending Nov. 30 :
"COLLEGE RHYTHM" (Para.)
BUFFALO— (3,500), 30c-55c, 7 days.
Stage: Jimmy Savo; Ann Greenway; Dick
& Edith Barstow; Great Yacopis. Gross:
$18,700. (Average, $14,300)
"THE DRAGON MURDER CASE"
(F.N.)
"DUDE RANGER" (Fox)
CENTURY— (3,000). 25c, 7 days. Gross:
$5,300. (Average, $6,000)
"THE PAINTED VEIL" (M-G-M)
GREAT LAKES— (3,000). 25c-40c, 7 days.
Gross: $8,500. (Average. $8,000)
"FLIRTATION WALK" (F.N.)
HIPPODROME— (2,100), 25c-40c, 7 days.
Gross: $11,400. (Average, $8,000)
"GREAT EXPECTATIONS" (Univ.)
"CHEATING CHEATERS" (Univ.)
LAFAYETTE— (3,300), 25c. 7 days.
Gross: $6,800. (Average, $6,500)
Shield's to Lincoln
Lincoln, Dec. 6. — M. W. Shields,
long identified with Publix in Texas,
has joined the staff of Westland The-
atres here. He replaces Harry Lap-
took, artist.
Buffalo Quarters Leased
Buffalo, Dec. 6. — The local Va-
riety Club has signed a three-year
lease on quarters above Pfeiffer's res-
taurant. The rooms will be remodeled
and a bar and restaurant service will
be installed. A party is planned soon.
Flexible Seating
Great Bend, Kan., Dec. 6. —
The Dickinson, which just
opened here, has a capacity
of 580 seats, but this num-
ber can be increased to 800
over night in the space oc-
cupied by a movable stage.
The theatre is of ultra mod-
ern design.
Denver First
Runs Are Hit
By Bad Slump
Denver, Dec. 6. — Every first run
was below average last week for the
first time in months, the deficits run-
ning from $500 to $1,500. The best
comparative showing was made by
There's Always Tomorrow" with
$2,000 at the Aladdin.
"College Rhythm" played to a
record crowd at a Saturday night
preview and it looks like a big week
at the Denham.
Total first run business was $16,000.
Average is $20,500.
Estimated takings for the week end-
ing Nov. 29:
"THERE'S ALWAYS TOMORROW"
(Univ.)
ALADDIN— (1,500), 25c-35c-50c, 7 days.
Gross: $2,000. (Average, $2,500)
"THE RICHEST GIRL IN THE WORLD"
(Radio)
DENHAM — (1,500), 25c-35c-50c, 7 days.
Gross: $3,000. (Average, $4,000)
"WE LIVE AGAIN" (U. A.)
DENVER— (2,500), 25c-35c-50c, / days.
Gross: $4,500. (Average, $6,000)
"KANSAS CITY PRINCESS" (Warners)
ORPHEUM— (2.600), 25c-35c-50c, 7 days.
Gross: $5,000. (Average, $6,000)
"THE CASE OF THE HOWLING DOG"
(Warners)
PARAMOUNT— (2,000), 25c-40c, 3 days.
Gross: $600.
"STUDENT TOUR" (M-G-M)
PARAMOUNT— (2,000), 25c-40c, 4 days.
Gross: $900. (Average for week, $2,000)
German Censors See
43 in Three Months
Washington, Dec. 6. — During
the first three months (July, August,
September) of the current season, 43
feature films were approved by the
German censors, says Acting Com-
mercial Attache Douglas Miller, in
Berlin, in a report to the U. S. De-
partment of Commerce. The passed
films included 30 German, six Amer-
ican, three Austrian, two Czecho-
slovakia^ and one each French and
Hungarian.
These figures, the report continues,
reveal an increase in German produc-
tion as compared with the previous
year when 25 German, 32 American,
and five other European films were
admitted.
During September 16 features were
screened first run in Berlin, as against
19 the previous month and 15 in Sep-
tember, 1933, Attache Douglas con-
tinues.
"Millions" Is
Kansas City's
Top, $13,400
Kansas City, Dec. 6. — "Kid Mil-
lions," grossing §13,400 at Loew's
Midland, was the week's leader.
"Desirable" with a stage show at the
Tower garnered §7,800, above the
line. "Marie Galante" was good for
$3,500 in five days at the Uptown.
The Mainstreet's business on "Ken-
tucky Kernels" was considerably off.
The week inaugurated low price
scales at the Midland and Tower.
Matinee business Thanksgiving gave
all theatres a boost but stormy
weather later cancelled the gains.
Total first runs business was $36,-
700. Average is §33,700.
Estimated takings :
Week Ending Nov. 27:
"KENTUCKY KERNELS" (Radio)
MAIN STREET— (3,100), 25c-35c-40c. 5
days. Stage: Salici Marionettes, Dave
Jones, Dean & Joyce revue with Peggy
Lee, Gilbert Bros., Vic Oliver. Gross:
$5,500. (Average, 5 days. $7,000)
Week Ending Nov. 28:
"THE ST. LOUIS KID" (Warners)
NEWMAN— (1,800). 25c-40c, 7 davs.
Gross: $6,500. (Average, $7,000)
"MARIE GALANTE" (Fox)
UPTOWN — (2.000). 25c-40c. 5 days.
Gross: $3,500. (Average, 5 days. $2,700)
Week Ending Nov. 29:
"KID MILLIONS" (U.A.)
MIDLAND— (4.000), 15c-25c-40c, 7 days.
Gross: $13,400. (Average. $10,000)
"DESIRABLE" (Warners)
TOWER— (2,200). 25c, 7 days. Stage:
"Showboat Revue," with Four Mullen
sisters, Bradna Boys & Co., Bill Aronson,
George & Nancy, Paul Spor. Gross:
$7,800. (Average, $7,000)
Matinee Time Stirs
St. Louis Argument
St. Louis, Dec. 6. — There's quite
some agitation here as to when a
matinee should end. F. & M. has ex-
tended matinee scales from 6 P. M.
to 7 :30 P. M. at the Ambassador and
Missouri and the protest is general.
Fred Wehrenberg, M.P.T.O. head,
asked the grievance committee to do
something about it and was told it was
a matter of contract between exhibitor
and distributor. A meeting attended
by exhibitors, exchange managers and
others in the Fox projection room
early this week failed to reach an
understanding.
Most exhibitors think 6 P. M.
should be the matinee limit ; others
favor 5 P. M.
Ben Steer man Returns
Pittsburgh, Dec. 6. — Ben Steer-
man, Warners' auditor here, and his
bride, the former Miriam Wald, have
returned from their honeymoon in
Bermuda and are now living at the
Coronada Apartments. Before her
marriage, Mrs. Steerman was a secre-
tary in Warners' booking department.
Kamp Succeeds Martin
Chicago, Dec. 6. — Charles Kamp,
has replaced Fred Martin, as office
manager of the local United Artists
exchange.
Schorgl on Bank Nights
Kansas City, Dec. 6. — James
Schorgl, resigned as Dickinson circuit
booker, has been appointed bank night
representative for Kansas by R. W.
McEwan, territorial distributor.
MOTION PICTURE
Friday, December 7, 1934 DAILY 27
"One Night"
Twin Cities'
High Grosser
Minneapolis, Dec. 6. — "One Night
of Love" demonstrated its staying
powers last week. In its second week
a: the Orpheum it led the town with
a take of $6,800, over par by $1,300,
and in its first week at the St. Paul
Orpheum it reached $5,000, up by
$1,000.
"College Rhythm" was also in the
money. It took $6,000 at the State
here and the same amount at the
Paramount across the river.
"Little Friend" got off to a good
start with $3,000 at the Minneapolis
World and another Gaumont British
film, "Chu Chin Chow," took $2,500
at the 300-seat St. Paul World.
Total first run business in Minne-
apolis was $24,400. Average is
$21,000. Total first run business in
St. Paul was $21,500. Average is
$18,000.
Estimated takings :
Minneapolis:
Week Ending Nov. 29:
"WHAT EVERY WOMAN KNOWS"
(M-G-M)
CENTURY— (1,650), 25c-40c, 7 days.
Gross: $4,300. (Average. $4,000)
"STUDENT TOUR" (M-G-M)
LYRIC— (1.238), 20c-35c. 7 days. Gross:
51,800. (Average, $1,500)
Week Ending Nov. 30:
"ONE NIGHT OF LOVE" (Col.)
ORPHEUM — (2,900), 25c-50c, 7 days, 2nd
week. Stage: Bus Van heading five acts.
Gross: $6,800. (Average, $5,500)
"COLLEGE RHYTHM" (Para.)
STATE— (2,300), 25c-40c, 7 days. Gross:
$6,000. (Average, $5,500)
"GRIDIRON FLASH" (Radio)
TIME— (300), 25c-35c, 3 days. Gross:
$1,000. (Average, $2,500 for week)
"SING AND LIKE IT" (Radio)
TIME— (300), 25c-35c. 4 davs. Gross:
$1,500. (Average, $2,500 for week)
"LITTLE FRIEND" (Gaumont British)
WORLD— (400), 25c-75c, 7 davs. Gross:
$3,000. (Average. $2,500)
St. Paul:
Week Ending Nov. 29:
"YOUNG AND BEAUTIFUL" (Mascot)
METROPOLITAN— (1,200), 15c-20c, 4
days. Gross: $1,200. (Average, $2,000 for
week)
"GRIDIRON FLASH" (Radio)
METROPOLITAN — (1.200). 15c-20c. 3
days. Gross: $800. (Average, $2,000 for
week)
"COLLEGE RHYTHM" (Para.)
PARAMOUNT— (2,300), 25c-40c, 7 days.
Stage show. Gross: $6,000. (Average,
$5,500)
"MARIE GALANTE" (Fox)
RIVIERA — (1,200). 25c-40c, 7 days. Gross:
$4,500. (Average. $3,500)
"ONE NIGHT OF LOVE" (Col.)
ORPHEUM— (2.000), 35c-40c, 7 days.
Gross: $5,000. (Average, $4,000)
"HELL IN THE HEAVENS" (Fox)
TOWER— (1,000), 15c-25c, 7 days. Gross:
$1,500. (Average. $1,500)
"CHU CHIN CHOW" (Gaumont British)
WORLD— (300), 25c-75c. 7 days. Gross:
$2,500. (Average, $2,000)
Defer Sharon Action
On Sunday Openings
Sharon, Pa., Dec. 6. — A show-
down on the Sunday movie issue has
been deferred temporarily. The matter
was expected to come up for discus-
sion by City Council recently, but
the minutes were corrected to call for
action at any meeting.
Shows have been operating the past
four Sundays. Theatre interests are
seeking repeal of the Sunday ordi-
nance and the Civic League of Sharon
is demanding enforcement. Each side
claims it has the signature of several
thousand persons on petitions.
Trolley Row
Hits Grosses
On the Coast
Los Angeles, Dec. 6. — Grosses
started off strong last week, but when
the car strike set in many customers
decided to stay home. "The St. Louis
Kid" at the RKO was the only par
draw at $8,000.
"We Live Again" took $11,400 at
the Chinese and $11,250 at Loew's
State. "College Rhythm" held up to
$15,000 in its second week at the Para-
mount.
Total first run business was §68,950.
Average is $81,700 without the United
Artists and 4 Star.
Estimated takings for the week end-
ing Nov. 28 :
"WE LIVE AGAIN" (U. A.)
CHINESE— (2,500), 30c-65c, 7 days. Stager
Sid Grauman's prologue, Raymond Paige
and his orchestra. Gross: $11,400. (Aver-
age, $12,500)
"OUTCAST LADY" (M-G-M)
4 STAR— (900), 30c-55c, 7 days. Gross:
$3 000
'WE LIVE AGAIN" (U. A)
LOEW'S STATE— (2,413), 30c-55c, 7 days.
Gross: $11,250. (Average, $14,000)
"COLLEGE RHYTHM" (Para.)
PARAMOUNT— (3.595), 30c-55c, 2nd week.
7 days. Stage: Rube Wolf and his orches-
tra, F & M revue. Gross: $15,000. (Aver-
age, $18,0003
"ST. LOUIS KID" (Warners)
RKO— (2,700), 25c-65c, 7 days. Gross:
$5,000. (Average, $8,000)
"OUTCAST LADY" (M-G-M)
UNITED ARTISTS-(2,100), 25c-55c, 7
days. Gross: $3,500.
"ST. LOUIS KID" (Warners)
WARNER BROS. (HOLLYWOOD) —
(3,000), 25c-65c, 7 days. Gross: $7,500.
(Average, $14,000)
"JEALOUSY" (Col.)
WARNER BROS. (DOWNTOWN) —
(3,400), 25c-40c, 7 days. Stage: 6 acts
vaudeville, Oscar Baura and his orchestra.
Gross: $6,800. (Average, $12,000)
"GRIDIRON FLASH" (Radio)
"I'LL FIX IT" (Col.)
PANTAGES— (3.000), 25c-40c, 4 days
Gross: $2,500. (Average, $3,200)
Painted Veil" Is
Indianapolis Draw
Indianapolis, Dec. 6. — "The
Painted Veil" was the big noise
among the first runs. It went over
the line by $1,500 for a total of $6,000
at the Palace.
"College Rhythm," moved from the
Indiana for a second downtown week
at the Circle, grabbed $3,500. "Girl
of the Limberlost" reached §3,750 in
10 days at the Apollo.
Total first run business was $25,250.
Average without the Apollo is
$22,000.
Estimated takings for the week
ending Nov. 29:
"GIRL OF LIMBERLOST" (Mono.)
APOLLO — (1.171), 25c-40c, 10 days.
Gross: $3,750.
"COLLEGE RHYTHM" (Para.)
CIRCLE— (2,638). 25c-40c, 2nd week.
Gross: $3,500.
"IMITATION OF LIFE" (Univ.)
INDIANA — (3.133), 25c-40c. 7 days.
Gross: $5,500. (Average, $7,000)
"GENTLEMEN ARE BORN" (F.N.)
LYRIC— (1,896). 25c-40c, 7 days. Vaude-
ville. Gross: $6,500. (Average. $7,000)
"THE PAINTED VEIL" (M-G-M)
PALACE— (2,431). 25c-40c, 7 days. Gross:
$6,000. (Average, $4,500)
Shamrock Takes Studio
Detroit, Nov. 6. — Bert C. Fassio,
president of Shamrock Pictures Corp.,
this city, has taken over the studio
building formerly occupied by Wild-
ing Pictures Co. The Shamrock Co.
is moving in this week.
A Long Summer
Kansas City, Dec. 6. —
Though the frost is on the
pumpkin and it's only so
many days to Christmas, the
Publix Newman, closed sev-
eral months, still has its
marquee announcing that it's
"closed for the summer."
"Kernels" and
Its Stars Are
Seattle Smash
Seattle, Dec. 6. — "Kentucky Ker-
nels" on the screen and Wheeler and
Woolsey on the stage were a sensa-
tion here last week at the Orpheum.
Thev piled up $8,400, over par by
$2,900.
The only other attraction in town
to stand up under the competition was
"One Night of Love," which grabbed
$4,800 in its fourth week at the
Liberty.
Total first run business was $37,450.
Average is $36,500.
Estimated takings for the week
ending Nov. 30 :
"PRIVATE LIFE OF DON JUAN"
(U.A.)
BLUE MOUSE— (950), 25c-40c-55c, 7
days. Gross: $3,750. (Average, $4,000)
"HELL IN THE HEAVENS" (Fox)
FIFTH AVENUE— (2,450), 25c-40c-55c, 6
days. Gross: $5,400. (Average, $7,000)
"ONE NIGHT OF LOVE" (Col.)
LIBERTY — (1,800), 15c-25c-35c-50c, 7
days, 4th week. Gross: $4,800. (Average,
$4 000)
"HAT, COAT AND GLOVE" (Radio)
"GIRL O* MY DREAMS" (Monogram)
MUSIC BOX— (950), 25c-35c-50c, 7 days.
Gross: $3,200. (Average, $3,500)
"TRANSATLANTIC MERRY-GO-
ROUND" (U.A)
MUSIC HALL— (2,275). 25c-40c-55c, 8
days. Gross: $6,300. (Average, $6,500)
"KENTUCKY KERNELS" (Radio)
ORPHEUM— (2,400). 25c-35c, 7 days.
Vaudeville headed by Wheeler & Woolsey.
Gross: $8,400. (Average. $5,500)
"WHAT EVERY WOMAN KNOWS"
(M-G-M)
"365 NIGHTS IN HOLLYWOOD" (Fox)
PARAMOUNT— (3,050), 25c-35c, 7 days.
Stage show featuring Harry Berry. Gross:
$5,600. (Average, $6,000)
Stage Shows Boost
Oklahoma City Spot
Oklahoma City, Dec. 6. — Increas-
ing attendance at the Liberty with
each succeeding change of program in-
dicates the definite popularity of the
current policy of stage attractions in
conjunction with first run films at
popular prices.
Proof of this increasing popularity
is a check of box-office receipts. The
Liberty, without shows, was doing an
average business of $2,000 with two
changes a week. Since inaugurating
the new policy of shows the first four
days of the week, the average has been
boosted to $2,500, §2,000 of this figure
being grossed the first four days. The
three-day picture the last of the week
averages $500.
Form Majestic in Ohio
Cincinnati, Dec. 6. — Majestic
Film Exchanges of Ohio, Inc., has
been incorporated by Alvin H. Rowe,
Martha T. Sherritt and Claire Rowe,
as an Ohio subsidiary to distribute
product of Majestic Pictures Corp.
"Flirtation"
Washington's
Top, $22,600
Washington, Dec. 6. — "Flirtation
Walk" led the first runs at the Earle
with a take of $22,600, over par by
§5,000.
"The Painted Veil" was runner-up
with a take of §18,800, which topped
average by $4,300.
A return engagement of "The
Merry Widow" at Loew's Columbia
and a six-day first run of "Madame
DuBarry" at the Metropolitan pulled
well, the former getting $4,100 and
the latter §4,600. "Madame DuBarry"
was taken off to make way for a
Thanksgiving Day opening of "Wagon
Wheels."
"Marie Galante" and George Jessel,
the latter heading a stage show, were
weak at Loew's Fox, taking only
§19,500.
"Wednesday's Child" was pretty
weak, with only $2,400 at the end of
three and one-third days. "Caravan"
was shoved in Thanksgiving day and
took §5,600 in four and two-thirds
days.
Total first run business was
§77,600. Average is $6,400.
Estimated takings :
Week Ending Nov. 27:
"WEDNESDAY'S CHILD" (Radio)
RKO-KEITH'S— (1,836), 25c-55c, 3 1/3
days. Gross: $2,400. (Average week,
$11,400)
"CARAVAN" (Fox)
RKO-KEITH'S— (1,836), 25c-55c, 4 2/3
days. Gross: $5,600. (Average week,
$11,400)
Week Ending Nov. 29:
"FLIRTATION WALK" (Warners)
EARLE— (2,218), 25c-77c, 7 days. Stage:
Three Jackson Boys, Irene Vermillion &
Co., Anthony Frome, Johnny Woods.
Gross: $22,600. (Average, $17,60Q)
"THE MERRY WIDOW" (M-G-M)
LOEW'S COLUMBIA— (1,264), 25c-40c,
7 days (return engagement). Gross:
$4,100. (Average, $3,100)
"MARIE GALANTE" (Fox)
LOEW'S FOX— (3,434), 25c-66c, 7 days.
Stage: George Jessel, Shirley Ross, Kay
Picture, Bartell-Hurst Foursome, 16 Danny
Dare Girls. Gross: $19,500. (Average,
$20,500)
"THE PAINTED VEIL" (M-G-M)
LOEW'S PALACE— (2,370), 35c-77c, 7
days. Gross: $18,800. (Average, $14,500)
"MADAME DuBARRY" (Warners)
METROPOLITAN— (1,591), 25c-40c, 7
days. Gross: $4,600. (Average, $4,100)
Feature Cincy Orchestra
Cincinnati, Dec. 6. ■ — The Or-
pheum, 2,100-seat subsequent run
neighborhood, recently reopened as an
independent house, is featuring con-
certs by a 50-piece orchestra for one
hour before opening the picture pro-
gram on Sundays. No extra admis-
sion is charged.
The house recently installed a 15-
piece orchestra under leadership of
Theodore Hahn, Jr., prominent local
conductor, which plays overtures at
all performances.
Phila. Locust Scale Cut
Philadelphia, Dec. 6. — The
Locust St. Theatre, operated by A. R.
Boyd Enterprises, has followed the
Stanley-Warner lead by reducing
prices to a 55c top. The scale is now
40c until 6 P. M. ; 55c thereafter.
It is not likely that either the Fox
or the Earle, presentation houses, will
touch their present top of 65c. Costs
could not be cut enough to meet such
a low scale.
28
MOTION PICTURE
DAILY
Friday, December 7, 1934
Looking 'Em Over
"Men of the Night"
{Columbia)
Out of familiar material, Lambert Hillyer has created a fast-moving,
suspenseful crook melodrama in "Men of the Night," which ought to
do nicely at the neighborhoods. The story has many humorous moments,
for which Ward Bond, as1 a thick detective, is primarily responsible.
Romance too has its day in the film, with Bruce Cabot and Judith Allen
handling this angle of the yarn extremely well. Cabot, a lieutenant
of detectives, is assigned to run down a gang of jewel robbers, of
which Charles Sabin is the brains. Working with his buddy, Bond,
he gets his men all right but not before some pretty close brushes
with death. The gang has it in for Cabot because he has been responsi-
ble for the arrest of one of their number on a murder charge, the
safety of the whole mob being at stake.
First Cabot is forced to turn the murderer free while he is taking
the man to a hospital so that his victim may be able to identify him.
Next Cabot is taken for a ride, but manages to escape. Miss Allen
gets herself involved in the ugly business when Cabot enlists her help
in trying to nab the gang. Their friendship hits a snag when Cabot
unjustly suspects her of being connected with the gang, but later, when
the thieves are arrested, everything is patched up.
Among the players are also John Kelly, Arthur Rankin, Matthew
Betz and Walter McGrail. Hillyer directed as well. Production Code
Seal No. 354. Running time, 58 minutes. "G."
"Maryjka"
(Regal)
While Polish fans will find more than enough to entertain them in
''Maryjka," made by Muzafilm of Warsaw, American audiences should
also find some measure of amusement in the picture, particularly from
a visual point of view. Set in the Carpathians, the production overflows
with pictorial beauty and provides an interesting insight into the life
and customs of those who inhabit this mountain country.
The simple terms in which the story is told, plus the liberal use of
English subtitles make the action easy to follow.
The film tells a tale of superstition and passion among the folk of a
Carpathian village. Maryjka (Ina Benita) is the Magdalene of the
place. The men seek her favors, while the women and other respectable
villagers damn her and seek to drive her from the community. In a
fight of which jealousy is indirectly the cause an admirer is killed and
another badly stabbed. It is a case of self-defense, but the villagers are
bent on capturing the murderer because they know Maryjka is shelter-
ing him.
At the close of the film the hunted man, played by Zbigniew Staniew-
wicz, wins the forgiveness of the villagers by saving a child from drown-
ing when the dam waters are turned loose by the village half-wit.
The acting is commendable and the direction of Jan Nowina-Przybyl-
ski creditable. No code seal. Running time, 60 minutes. "A."
Short Subjects
"Pilgrim Days"
(Warners)
If this, the first of the new "See
America First" series, may be taken
as a criterion of what is to follow
then here is a group of shorts that
should create very favorable audience
reaction for they are interesting, in-
structive and amusing, all in one.
The first opens with scenes of Pil-
grim New England and traces early
American life through the periods of
such great leaders as Roger Williams,
Roger Conant and Peter Stuvyvesant
to the present where views of Har-
vard and Yale are shown. Patriotic
songs are interpolated in the mood of
the scenes. Reviewed without produc-
tion code seal. Running time, 11 mins.
"G."
"The Boston Tea Party*'
(Warners)
The second of the "See America
First" series maintains the standard
of entertainment value set by the first.
The reel takes one through historic
Boston. The scenes then shift to the
Forts through upper New York that
figured prominently in the Revolution
and then down through Jersey and
Maryland, covering historic spots en
route. Reviewed without production
code seal. Running time, 11 mins. "G."
"Hail Columbia"
(Warners)
Number three of the "See America
First" series carries on in the spirit
of the first two. Highlights in the
life of Benjamin Franklin, George
Washington and Alexander Hamilton
feature this one. The Louisiana Ter-
ritory and particularly old Creole
New Orleans are also covered. The
reel winds up with views of the old
Baltimore forts particularly the one
that inspired "The Star Spangled Ban-
ner," and old Spanish Florida. Re-
viewed without production code seal.
Running time, 11 mins. "G."
"Medbury at a County
Fair"
(Columbia)
This short takes the audience on an
interesting tour of what appears to be
the Pomona, Cal., County Fair. Ev-
erything from prize cattle exhibits to
horse racing is covered, all to the
tune of Medbury's humorous com-
ments. Medbury appears to be better
than usual here, and his racy chatter
is good. A short to be recommended
for any house. Production Code seal,
No. 426. Running time, 10 mins. "G."
"Soft Drinks and Sweet
Music"
(Vitaphone)
Featuring Georgie Price and Syl-
via Froos, this is an amusing and quite
entertaining short. It has fair comedy
and excellent singing and dancing,
including routines by the Vitaphone
Girls. It is all woven around the
attempts of Price to win recognition
as a song writer and his final success,
only for him to awaken and find it
was all a dream. Price's imitations of
Ed Wynn, Al Jolson, Eddie Cantor
and Harry Richman are particularly
good. Production Code Seal, No.
0139. Running time, 20 mins. "G."
"Spice of Life"
(Columbia)
This, the second of the series being
produced by Mentone, falls slightly
below the first in entertainment value.
Doctor Rockwell opens the film with
more of his insipid, inane chatter and
closes it with the same. Between his
prattling is interspersed jokes clipped
from the Literary Digest. Most of
them might garner laughs from the
average audience. Previewed without
production code seal. Running time,
10 mins. "G."
"Girl from Paradise"
{Educational)
First rate musical in two reels. Nils
T. Granlund puts on his Paradise floor
showing and blends a story into it with
a couple of off-stage acts. The comedy
is first rate, the singing is excellent
and the dance numbers are pleasing to
the eye. Sylvia Froos, Frank Luther
and George Shelton are featured and
Granlund does his stuff in front of a
microphone. A swell number. Pro-
duction Code Seal, 0195. Running
time, 2\l/2 mins. "G."
"The Magic Fish"
(Educational)
One of the Terry-Toon series
with pop rocking a cradle with
triplets and stopping to tell them a
bedtime story about the magic fish
that he put back in the water when
he was a kid and which saved him
from Davy Jones, sharks and an
octopus when his rowboat was
wrecked by a bolt of lightning. It's
good kid entertainment. Production
Code Seal, No. 0162. Running time,
6 mins. "G."
"Your Stars for 1935"
(Educational)
It's hot stuff for the astrology en-
thusiasts, but most people will not take
this seriously. Wynn, the astrologer,
appears on the deck of a boat being
interviewed by the ship news reporters
and makes a flock of predictions for
next year in reply to questions. Most
of them are so broadly phrased that
he will win no matter which way con-
ditions turn out. Production Code
Seal, No. 0166. Running time, llyi
mins. "G."
Short Subjects
"Hollywood Trouble"
(Universal )
Hollywood, Dec. 6. — This, the
second of a series of six comedies pro-
duced by the Thalians, is a good laugh-
getter that should please both adults
and kids.
The comedy starts from the first
shot which shows a picture set and
all the equipment. The dumb prop
man supplies most of the laughs with
a lighted birthday cake, which he
drags into dramatic scenes with much
tearing of hair by the director. The
scene then switches to one of those
dramatic schools where the pupils
swing from chandelier to chandelier in
Tarzan fashion with accompanying
sound. The villain shoots up the place
trying to get back his wife who has
gone the way of all screen gold
diggers.
Director Jack Townley keeps the
laughs flowing fast and cast perform-
ances are all good. No code certificate.
Running time, 20 mins. "G."
"Hollywood Gad-Abouf
(Educational)
This is a smartly cut film with a
flock of names showing the Actors'
Guild Frolic in Los Angeles. Walter
Winchell does the announcing in the
grandstand in front of a microphone.
Mary Astor is "queen" ; William S.
Hart appears ; Eddie Cantor drives a
chariot ; Gary Cooper sits in the
crowd, and there are at least a dozen
others, with some comic antics by one
of the kids from Roach's "Our Gang."
Very good. Production Code Seal,
217. Running time, 9J/2 mins. "G."
"Three Cheers for Love"
(Educational)
A very pleasant, amusing light com-
edy interspersed with songs by Sylvia
Froos and Warren Hull to the ac-
companiment of Johnny Johnson's
Band. Audience should go for this,
since it has a plausible story, good
comedy and unstrained situations, all
blending for good results. The story
concerns the attempt to prevent Miss
Froos and Hull from becoming inter-
ested in each other and their ultimate
wedding. Reviewed without production
code seal. Running time, 15 mins. "G."
"Tom, Tom, the Piper's
Son"
(Educational)
A fine Terrv-Toon that should have
particular appeal to children. Adults
also should find amusement in it. It
tells the tale, in a novel way, of Tom,
the Piper's Son, and traces his ca-
reer, from the rescue of the kitten
from the well to the restoring of the
flowers in Mary's garden. Produc-
tion Code Seal, No. 0194. Running
time, 5 mins. "G."
"Snapshots"
(Columbia)
The third of the series described as
"seeing Hollywood with Harriet Par-
sons," should go over big with those
audiences that like informal shots of
the stars, who are here shown in their
homes and at play. Practically every-
one in Hollywood is in this reel. Pro-
duction Code Seal, No. 403. Running
time, 10 mins. "G."
[HEY CAME! THEY SANG! THEY CONQUERED!
Proudly We Hail
DICK POWELL RUBY KEELER PAT O'BRIEN
FRANK BORZAGE
THE WEST POINT
CADETS
and MORT DIXON • ALLIE WRUBEL
BOBBY CONNOLLY
for
ir Glorious Contributions to the
Proudest Achievement
ustry's
FLIRTATION WALK
fiest of ZUe % SUote fern Bm.
MORE NEWS ON PAGE 31
30
MOTION PICTURE
DAILY
Friday, December 7, I93<
Owen a Busy Man
Hollywood, Dec. 6. — To
Reginald Owen probably goes
the all time record for an
actor working in the most
number of pictures at the
same time. It happened
while alternating between
Universal and Radio for
parts in the "The Good
Fairy" and "Enchanted
April," respectively. He was
called to Paramount for add-
ed scenes in "Here Is My
Heart." Following this he
found a few hours time to
appear at the United Ar-
tists lot for costume fitting
and rehearsals in "Folies
Bergere."
Form 2 Theatre Firms
Albany, Dec. 6. — Penn Amuse-
ment Co., Inc., New York City, has
been chartered to operate film theatres,
engage in the general amusement
business, etc. Irving Schleier, Max
Goldman and Mildred Freeman are
directors and subscribers.
Par-Land Theatres, Inc., New York
City, has been chartered,. Joseph Kohn,
Harry Shuffman and Y. F. Freeman
are directors and subscribers.
Cut Arkansas Capital
Dover, Del., Dec. 6. — Arkansas
Amusement Corp., operating theatres
in Little Rock, has reduced its capital
by $181,347.62 from $201,347.62 to
$20,000. Arkansas Amusement is
affiliated with Publix and operates the
Pulaski, Arkansas, Little Rock, Capi-
tol and Royal. Ed Rowley is
president.
Cooper Interests in
Construction Drive
Kansas City, Dec. 6. — J. H.
Cooper Enterprises have embarked on
a program of theatre construction and
modernization, says Robert O. Boiler,
architect.
The company has a house under
construction in Pueblo, Col., seating
1,000 and costing $75,000. Opening is
scheduled around Jan. 1. Standard
Theatres Corp., affiliated with Cooper
Enterprises, is building an 850-seat
house at 16th and Gatewood, Okla-
homa City, costing $60,000, to be
completed in April.
The Criterion, Standard Theatres
house in Oklahoma City, is being
modernized completely, with all new
furnishings and equipment, at a cost
of $75,000.
Joe Cooper of New York, head of
Cooper Enterprises, and Patrick Mc-
Gee, general manager of the Standard
circuit, were here recently to confer
with Boiler, who is handling the
projects.
Transfers, Openings
Gain Near St, Louis
St. Louis, Dec. 6. — Transfers of
theatres and openings are becoming
more numerous in this territory. Eight
houses have changed ownership lately
and three have reopened.
The Southern Amusement Co. has
taken over the Peerless from Oscar
Lehr and the New Shenandoah from
David Komm here. In nearby Illinois
the Lincoln at Bunker Hill has been
transferred by Critchlow & Bullard to
S. Halloway ; in Rollton, Ross Denny
has shifted the Bijou to T. K. Dick
son. Missouri transfers include the
Academy at Ironton from W. T.
Sumpter to R. Mathews ; the Harlem
at Kinloch from J. H. Wilson to R.
B. Sexton ; the Ritz at Montgomery
. City to Paul Golterman ; the Norris
at Appleton City from S. H. Yoffie to
T. D. Peal.
The Noll at Bethany, Mo., the Rex
at Charleston, 111., and the DeLuxe
at East St. Louis have been reopened.
Form Shelby Theatre Co.
Louisville, Ky., Dec. 6. — The
Shelby Theatre Co., Louisville, has
been incorporated with a capital stock
of $1,500 by J. I. Schwarz, Richard A.
Pierson and Kolman Hirschman, all
of Louisville. The same interests op
erate a circuit of theatres.
The Capital Amusement, Ashland,
Ky., has been incorporated with a capi
tal stock of $5,000 by Dick Martin,
Mellie Martin and Geneva Samon.
Spokane Majestic Sold
Spokane, Dec. 6. — Will Starkey
has sold his Majestic to Dillingham
& Luft, former Ritzville exhibitors.
The house will be remodeled and
equipped with new seats, sound equip-
ment and screen. A new ventilating
system will be installed and both
the front and interior redecorated.
Krier Gets Omaha State
Cedar Rapids, la., Dec. 6. — Jack
Krier has arrived here to reopen the
State, an A. H. Blank house, which
has been dark for several weeks.
When the house closed, he was sent
by Blank to Omaha to assist Ted
Emerson in the reopening of the Para
mount there.
Drop Des Moines Vaude
Des Moines. Dec. 6.— The RKO
Orpheum has discontinued vaudeville
after giving week-end programs for
the last few months in connection with
film showings. The hou.se capacity
was not large enough to pay out at
current prices, according to H. Cav-
anagh, manager.
Plan 2nd Detroit Spot
Detroit, Dec. 6.— Ben and Lou
Cohen, operators of the Hollywood,
Roxy and a number of neighborhood
houses, will build a new 1,500-seat
house in the Ford motor district. The
house is to be named the Rio.
This is the second house to be
planned for the district. Alex Schrei-
ber and William London also have
plans under way.
The Cohen Bros., who acquired the
Mayfair last spring and closed it for
the summer, plan on reopening this
spot on Thanksgiving Day. It will
operate an all-night grind policy with
duals.
New Detroit Spot to Open
Detroit, Dec. 6. — With the opening
of the new Tower northwest Detroit
has what is said to be one of the most
modern theatres in the country.
The interior is decorated in bright
colors and gold and silver and is illu-
mined by ceiling light panels. The
auditorium is designed to prevent
visional distortion for the occupants
of the side seats. All seats have am-
ple room for late comers. The house
is to be operated by Lou Wisper and
Frank Wetsman, owners of seven
neighborhood spots.
Sparks Buys Two More
Tampa, Dec. 6. — The Garden, a
neighborhood house in the Tampa
Heights section, and the Nebraska, in
Sulphur Springs, a suburb, both
owned by Butler E. Gore, have been
sold to the Sparks circuit. This pur-
chase gives Sparks control of all the
white houses in the central section
of Tampa, with the exception of one
small house, the Orpheum.
Charter New Utah Firm
Salt Lake City, Dec. 6. — Projec-
tion Products, Inc., has been chartered
here. Equipment will be manufactured
by local concerns and assembled by the
new company. Officers are : Presi-
dent. W. P. Nelson : vice-president,
E. R. Henrie, and secretarv-treasurer,
J. D. Gabbot.
Dissolve P. & B. Theatres
Dover, Del, Dec. 6. — P. and B.
Theatres, Inc., of Audubon, la., a
Delaware corporation, has been dis-
solved. A certificate of voluntary dis-
solution by the consent of all the stock-
holders was issued by Charles E.
Grantland, secretary of state.
Fox Midwest Drops Hous
Topea, Dec. 6. — Fox Midwest
has transferred its lease on the Best
here to M. G. McKinney, operator of
the Apex, colored house. This reduces
the circuit's holdings in Topeka to
five, one of which is closed. The
Best was a Class B house.
Southern Theatres Open
New Orleans, Dec. 6. — Theatres
which are re-equipping and reopening
this month are: The Ritz, Lake
Charles, La., reopened by C. and C.
Enterprises ; the State, Bogalusa. La.,
new sound equipment ; the Yazoo,
Yazoo, Miss., new sound equipment ;
the Ritz, Columbia, La., reopened. All
houses have been equipped by Western
Electric.
Iowa Theatres Spruce Up
Des Moines, Dec. 6. — Improvements
are being made in several theatres in
this section. The Rex at Nonona has
installed new sound equipment. The
Capitol at Sioux City, la., has com-
pleted a new front with chromium
finish and indirect lighting. The new
Roxy at Bethany, Mo., has opened
with I. W. Maple as manager.
Plan Baltimore House
Baltimore, Dec. 6. — Fremont
Amusement Co. has been formed with
Louis Kaplan as president. It pro-
poses to convert into a theatre the
buildings at 504-6 North Fremont
Ave. The cost is estimated at about
$3,500, according to the application
for the permit and the plans filed
with the Eureau of Buildings.
Phone to Patrons
Mansfield, O., Dec. 6.—
Warner's Majestic is render-
ing a new service to patrons.
Cards, headed "To Our
Patrons," with space for
name, address and telephone
number, are distributed in
the lobby. They read:
"In keeping with our policy
of rendering every possible
service, we urge you to fill
out this card. Our plan is
to 'phone you each week and
acquaint you with the cur-
rent and coming attractions.
The management trusts that
this service will aid you in
arranging your entertain-
ment program."
Plan New Denver House
Denver, Dec. 6. — The Roxy The-
atre Corp., just formed, will build a
theatre costing $25,000 and seating 600
at 26th and Welton. It will be opened
about Dec. 1. Able Davis, Charles
Ernst and C. U. Yaeger are the in-
corporators.
Norwalk House Planned
Norwalk, O., Dec. 6. — Jerry Steel,
owner of the Apollo, Oberlin, in asso-
ciation with William Sellman, former
United Artist salesman, will build a de
luxe house here in Main St., according
to reports. It is further stated that
Fred Clary, formerly with Loew in
Cleveland, will manage the house.
Ouimet, Veteran of
Canada, Opens House
Montreal, Dec. 6. — A time-hon-
ored theatre received a new lease ci
life and the father of the film business
in Canada returned to activity wher'
L. Ernest Ouimet, first exhibitor ir
Montreal and first film distributor ir
the Dominion, reopened the Imperial
with a screen and stage policy, price.-
ranging up to 35 cents.
This pioneer opened the Ouimetc
scope in Montreal 30 years ago, fea
turing Pathe one-reelers, stored then
in the basement and sold them out
right to other nickelodeons. Eventu
ally he became the owner of the Pathi
franchise for the Dominion and
opened exchanges across the count
His next step was to try producing
in Hollywood, but his retirement fronl
active business ensued. Now he i
making an entirely fresh start only ;
few yards from the site of his original
venture.
Say Three Spots to
Open in Clevelant
Cleveland, Dec. 6. — It is rumore
that three theatres now closed are soo
to open with double features. They ar
said to be the Family, recently ir
volved in an injunction suit restrainin
the former owners from playing duals
the Circle, long closed and reporte
about to open with pictures and vaudf
ville, and the Metropolitan, which ht
been dark, with intermittent exceptior
for many years. All houses, it is sail
will be opened by out-of-town ii
terests.
Double features can be exhibited
any of these houses provided they ai
owned and operated by interests n
operating picture theatres in Clev
land at the time the single featu.
agreement went into effect.
To Build at Columbus
Columbus, Dec .6. — The first ne
theatre construction here in the pa
three or four years will be by The
dore Lindenberg, operating the Gran
view, who will build a 600-seat hou
to be known as the Bexley. It will
used as a testing place for the Linde |
berg sound system, which has been u |
dergoing experimental tests at
Grandview for the past year. T
system, it is claimed by the inventor,
radically different from anything nc :
on the market.
Lindenberg's lease on the Grandvic
reverts to the owner, W. C. Ch<
brough, local theatre operator, eai |
next month.
IS THE FIRST OF
THE BIG SHOTS' from WARNER BROS
•A Warner Bros. P/ctore °A First Notional Picture Vitagraph, foe, Dfsfribufors
MOTION PICTURE
DAILY
32
Cleric Urges
Clean Films,
No Censoring
Omaha, Dec. 6. — Censorship is not
wanted, but cleaner, better pictures
with stronger and more dramatic
themes are desirable, Dr. Fred East-
man of Chicago Theological Semin-
ary told members of the Better Films
council here.
More people in the world will see
the next Mae West release than have
seen Hamlet since it was written, he
said, lauding the amusement and edu-
cational potentialities of pictures.
"Motion pictures are better than last
year," he asserted. "This is due to the
10 million dollar 'slap' administered
the industry by the Legion of De-
cency. Producers were frightened into
shelving some excellent productions."
Dr. Eastman advocated something
"more than just clean pictures."
"American people do not want
wishy-washy pictures. They want
strong dramas with humor, imagina-
tion and some touch of grandeur. We
can even stand a little dirt. The dirt
itself is an obvious feature in any
picture where it is found. It's the sub-
tle establishment of false standards
that is objectionable. Decency adher-
ents want freedom for the motion pic-
ture and honest, sincere and great pic-
tures— so that America's name won't
be defamed abroad."
This best can be accomplished, he
said, by: 1, contine to patronize the
best pictures ; 2, boycott unwholesome
pictures ; 3, educate the public to dis-
criminate and acquaint them with the
social issues involved ; 4, outlaw, by
legislation, block booking and blind
selling and give the public some form
of liberal social control without cen-
sorship.
Auditorium Ruling
Irks St. Louis Men
St. Louis, Dec. 6. — Local theatre
men have won a dubious victory in
their fight to prevent the Municipal
Auditorium from being used for the-
atrical purposes with a decision by the
Municipal Auditorium Commission
that the structure shall not be used
for commercial entertainment except
for such productions as cannot or will
not use privately-owned theatres.
This policy, it is believed, will leave
the door wide open for any show that
the management of the Auditorium
wants to take in, and was adopted
over the protests of local theatrical
interests, including the M. P. T. O.
of St. Louis, Eastern Missouri and
Southern Illinois, headed by Fred
Wehrenberg.
It is understood the theatre men
will carry their case to the Board of
Aldermen. Should this recourse fail,
they are expected to appeal to the
voters of the city.
Mischa Got Sore
Hollywood, Dec. 6. — Mischa
Barkovitch has walked out
as stand-in for the Marx
Brothers.
Reason: He said he under-
stood he was to be billed as
Barko, or the fourth Marx-
man.
Sunday Fines Barred
In Washington, Pa.
Washington, Pa., Dec. 6. — The
City Council has voted down, three to
one, an ordinance to fine theatres for
operating on Sunday.
The ordinance, practically a dupli-
cate of the one in effect in York, Pa.,
was prepared and presented by the
Council of Protestant Churches with
David B. Morris, as spokesman.
Mayor Robert E. Griffiths expressed
the belief the question should be put
to a vote of citizens.
Louis Landau Injured
St. Louis, Dec. 6. — Louis Landau
owner-manager of the Maryland Thea-
tre, suffered three broken teeth and
other injuries when attacked by a man
who had previously annoyed two wom-
en patrons. The attack on Landau
took place before the arrival of police
who had been called. The man fled
down an alley. Landau was given
emergency treatment at the City Hos-
pital.
Friday, December 7, 1934
"Parade" Is
Detroit Wow;
Gets $26,000
Detroit, Dec. 6.— "The White Pa-
rade" packed 'em in at the Fox. The
take, $26,000, which is $11,000 over
par, was practically capacity business
for the whole week.
Total downtown business was $74,-
900. Average is $65,000.
Estimated takings for the week
ending Nov. 29:
"GAMBLING" (Fox)
"WEDNESDAY'S CHILD" (Radio)
ADAMS — (1,770), 10c-40c, 6 days.
Gross: $2,700. (Average, $5,000.)
"THE WHITE PARADE" (Fox)
FOX— (5.100), 15c-65c, 7 days. Stage: 7
acts Vaude. Gross: $26,000. (Average,
$15,000.)
"SIX-DAY BIKE RIDER" (Warners)
"HAPPINESS AHEAD" (Warners)
(Both Second Runs)
FISHER— (2,975), 10c-40c, 7 days. Gross:
$6,500. (Average, $10,000.)
"COLLEGE RHYTHM" (Para.)
MICHIGAN— (4,100), 15c-65c, 7 days.
Stage: Three X Sisters, Fox Family and
other acts. Gross: $24,000. (Average,
$20,000.)
"KANSAS CITY PRINCESS" (Warners)
(First Run)
"HAPPINESS AHEAD" (Warners)
(Second Run)
STATE— (3,000), 10c-65c, 7 days. Gross:
$5,100. (Average, $5,000.)
"PAINTED VEIL" (M-G-M)
UNITED ARTISTS — (2,070) , 25c-50c. 7
days. Gross: $10,600. (Average, $10,000.)
THE BELOVED
MUSICAL HIT OF
BROADWAY IM-
MORTALIZED ON
THE SCREEN BY
WARNER BROS.!
Only the makers of "42nd Street"
and "Gold Diggers" would at-
tempt ill Only the producers of
"Dames" and "Flirtation Walk"
could accomplish it! This tri-
umphant picturization of the
stage sensation which Broadway
acclaimed for 63 capacity weeks!
The show that made "Here Am I"
— "Why Was I Born"— and
"Don't Ever Leave Me" famous!
Hear these and 9 other great hits
including . . . "Lonely Feet"
and "We Were So Young"
Travel the romantic road to yester-
day in this glorious love story
with all the comedy and color of
the glamorous, amorous Nineties I
MERVYN LEROY'S first musical
production since "Gold Diggers",
DONALD WOODS • HUGH
HERBERT • NED SPARES
JOSEPH CAWTHORN
. . . hundreds of others . . .
IRENE
DUNNE
"SWEET
ADELINE
By Jerome Kern and
Oscar Hammerstein II
Coming Xmas Week from
WARNER BROS.
34
MOTION PICTURE
DAILY
Friday, December 7, 1934
Pickup Signs
Are Spreading
In Northwest
Portland, Dec. 6. — Signs of im-
provement are numerous in this terri-
tory. New sound apparatus, remodel-
ing and theatre transfers are reported.
Frank J. Becker, manager of Western
Sound Equipment Co., holds the Fed-
eral Housing Act has been a big help.
The Grand at Renton, Wash., C. F.
Denz, owner, is nearly complete.
W. L. and L. L. Talkington are plan-
ning a new house at Coulee, Wash.,
near the new dam. J. J. Parker and
associates are to build at North Bon-
neville, Wash., site of another dam.
Harry Gamble has purchased M. B.
Johnson's Hiland at North Bonneville
and is installing new sound.
C. E. Hudson of Oregon City, Ore.,
has acquired portable sound equipment
to use in a circuit of high schools in
the Willamette Valley. The Warm
Springs Indian Agency is installing
new sound, and Mrs. Edna Eckersley,
operating the Wigwam, at Nez Perce,
Idaho, has acquired portable sound
projectors for use in a number of
communities near the center of Idaho.
Standard, Oklahoma,
Will Spend $120,000
Oklahoma City, Dec. 6. — Stan-
dard Theatres, Inc., has an extensive
building program, beginning with the
remodeling of one of the city's oldest
theatres and the building of two new
suburban houses. According to Pat
McGee, general manager, the program
will cost $120,000.
The Criterion reconditioning is the
first project on the program. The
house will be closed Nov. 3 and will
be completely done over from marquee
to stage at a cost of $50,000. The
third floor will be changed so that
all the offices of the company, which
are now scattered in several theatres,
can be housed.
Of the two new suburbans plans
for one have been completed and work
started a few days ago. It is to be
an 800-seat house to cost $35,000. The
new theatres will give Standard five
suburbans, or a total of 12 in the city.
Form Two Theatre Units
Albany, Dec. 6. — Mac-Alt Amuse-
ment Corp., Buffalo, has been char-
tered to operate theatres. James L.
McGrane, V. O. Schneckenburger
and G. C. Warsitz are directors and
subscribers.
Cajo Company, Inc., New York,
has been chartered to exhibit pictures.
L. Schneider, G. Schwartz and M.
Waller are directors and subscribers.
Omnichrome Chartered
Albany, Dec. 6. — Omnichrome
Corp. has been chartered with capital
of $50,000 to deal in film. Marshall
H. Rosett, Joseph Kaplan and Rose
Eskin are directors and subscribers.
Report New Kansas Spots
Kansas City, Dec. 6. — A theatre
seating 1,500 is to be constructed in
Wichita, Kan., according to reports.
Another new project is a 600-seat
house planned for Winfield, Kan.
Three Open in West
Kanab, Utah, Dec. 6. — The new
Kanab Theatre has been opened by
Elmer Jackson.
Butte, Mont., Dec. 6. — After be-
ing dark for two years, the Broadway,
formerly run by Merle Davis, will be
reopened by John Gavin soon after
extensive renovation.
Caldwell, Ida., Dec. 6. — The
Roxy, completely remodeled, has been
reopened by G. C. Knight.
Pattonburg House Burns
Pattonsburg, Mo., Dec. 4. — The
Main Street Theatre here, owned by
Binney Bros., was destroyed by an
early morning fire with a loss esti-
mated at $9,000.
Cincinnati, Dec. 6. — Members are
rejoicing with Barker Harry J.
Wessell over the rapid recovery of
his son, who suffered the amputation
of a leg as the result of a recent auto
accident.
Rev. Cletus Miller, chaplin of
Tent No. 3, has been given charge of a
local orphanage.
Kansas City, Dec. 6. — All signs
indicate the Variety Club Annual M.
P; Relief Dance and Show at the
Pla-Mor Dec. 10 will be the most
successful affair staged by the local
industry to date. The number of ad-
vance reservations received by Chief
Barker Frank Hensler presages a
record attendance.
As in past years, proceeds will be
used for charitable activities and to
furnish Christmas baskets to the
needy. Aurthur Cole, general chair-
man, promises one of the largest floor
shows seen hereabouts. Some of the
talent, it is expected, will come from
the downtown theatres.
Cole and Hensler, who is co-chair-
man, have announced these commit-
tees : Ticket sales — Hensler, chair-
man: George Fuller, Sam Abend,
Gus Diamond, C. R. Bevan, Finton
Jones, Frank Thomas, Tom Bald-
win, Leland Allen, Jimmy Lewis,
Charles Shafer, Bill Truog, Is
Beiser, Don Davis.
Washington, Dec. 6. — The first
annual dinner and ball of Tent No. 11
has come and gone. In a carnival at-
mosphere, created with the help of
floodlights, a 100-piece band, and un-
usual decorations, 761 barkers and
guests held forth in the grand ballroom
of the Willard Hotel.
Chief Barker Rudolph Berger
opened the proceedings by introducing
Canvasman A. Julian Brylawski,
chairman of the dinner committee, who
in turn gave way to Chaplain John
C. Palmer, who pronounced the invo-
cation.
From then on the program moved
with dazzling rapidity, with entertain-
ment concurrent with the banquet.
Barker Arthur A. DeTitta and a
battery of camera and sound men of
the Fox Movietone News shot the in-
To Rebuild at Duquesne
Duquesne, Pa., Dec. 6. — Plans
have been proposed for remodeling
the old Liberty here, according to Glen
Floyd and J. F. Huszar, and actual
work will be started immediately. The
house was damaged by fire about six
years ago and the property has not
been improved since. Floyd and Hus-
zar, Follansbee, W. Va., exhibitors,
until recently competitors, are partners
in the project. The house will be
called the Grand and ready for open-
ing by the fall.
Central Gets York House
York, Neb., Dec. 6. — The Central
States Theatre Corp. has acquired the
Rialto here from Ross Labart, giving
the Harry Weinberg circuit control of
the three houses here.
John Schwalm has regained use
of his pedal extremity after having
been compelled to take time out on
account of an injury to said foot, in-
curred when he slipped while crossing
the floor of his home.
Abe Lipp, dough guy, spent consid-
erable time in Columbus last week on
legal business in which he is engaged.
Floor committee— -Bill Warner,
chairman ; Fuller, Truog, Joe Man-
fre, Bob Withers, William Benja-
min, Harry Taylor, Tommy Thomp-
son, Hensler.
Attendance — H. P. Wolfberg, chair-
man ; Ward Scott, Max Roth, R. C.
LiBeau, Harry Graham, E. C.
Rhoden, L. J. McCarthy, Ed Dubin-
sky, H. A. McClure, H. E. Jamey-
son.
Entertainment — George Baker and
Irwin Dubinsky, co-chairman, Bar-
ney Joffee, Lawrence Lehman,
John McManus, Stanley Cham-
bers.
Publicity — Paul Bayzman, chair-
man; William Wagner, Ken Force,
Al Finestone. Sam Abend and
Earl Jameson will have charge of
hauling. Withers will handle check-
ing, and Paul Laroche clocking.
The various companies are repre-
sented on a committee of hostesses,
captained by Col. Harry Taylor.
coming guests. The film was rushed
to the Army War College, where it
was developed and printed and was
screened about 1 A. M. at the conclu-
sion of the entertainment.
Outside the hotel also was the
Loew's Theatres' Cadet Band of 100
pieces, under the leadership of Capt.
J. B. MacKenzie.
George Jessel started as master of
ceremonies and later turned the task
over to Barker Arthur Godfrey, CBS
announcer.
Johnny Slaughter and his 10-
piece orchestra played during the din-
ner, with talent from the local night
clubs supplying the entertainment. At
10 :30 P. M. the entertainment fea-
tures went on a coast-to-coast hook-up
of CBS.
It was a notable event.
Cincy Critic
Hits Federal
Censor Moves
Cincinnati, Dec. 6. — Commenting
on the agitation of Federal super-
vision of films, Max Sien, film editor
of the Cincinnati Post, says in a cur-
rent editorial :
"The ghost of Federal censorship,
after a layoff of more than two
months, has returned to haunt Holly-
wood. And what is more — and worse
— it has returned with a comrade
wraith who answers to the name of
Federal control.
"Hollywood, with its accustomed
show of savoir-faire in the face of
criticism, is resuming its nail-gnawing
where it left off last August; at ap-
proximately the first knuckle.
"A few weeks ago the National
Council of Parent-Teachers resumed
its fight for censorship and the pro-
duction of educational films under the
aegis of the U. S. government and
early this week the Better Films De-
partment of the W.C.T.U. urged Fed-
eral censorship.
"Of course this is very disappoint-
ing to film producers who have their
hands full already, what with the re-
wards of virtue, chastisement for sin-
ners and a fellow named Upton Sin-
clair to contend with.
"Unless the bottom suddenly drops
out of Joseph I. Breen's sense of
morality, it is doubtful whether the
renewed crusade will receive the mass
support which drove the Legion of
Decency program to a successful con-
summation.
"It has been our impression that
Breen's cleansing has been very
thorough. If anything, he has swung
too far to the right and rectitude. In
place of the once-revealing costumes,
or lack of same, we have gowns which
are hardly less than second cousins to
the overall, while the code of morals
observed could not have been more
narrowly formulated by a Cotton
Mather.
"Yet the plaints persist. And a lot
of detached observers are wondering
why.
"In the light of Mr. Breen's
energetic whitewashing, the attack
launched recently in Cleveland at the
current state of film affairs is aston-
ishing."
After quoting the statement of
Maud M. Aldrich, Portland, Ore.,
chairman of the Better Film Depart-
ment, in her address before the
W.C.T.U., Sien continues :
"This sort of thing is hardly fair
to the industry which has voluntarily
tossed overboard lurid sex themes and
fed its public an emasculated 'Of
Human Bondage,' a harmless version
of 'Du Barry,' a most proper adap-
tion of 'The Green Hat' under the
title of 'The Outcast Lady,' and tried
its hand at such nice things as 'Mrs.
Wiggs,' 'Girl of the Limberlost,'
'Treasure Island,' 'Peck's Bad Boy'
and others too numerous to mention."
Gets Ellicott City Spot
Baltimore, Dec. 6. — R. G. Ever-
ett, son-in-law of M. Silverberg, pro-
prietor of the Park, has taken over
the Earle, Ellicott City, Md., from
Paul Caplan.
Variety Club Chatter
Cincinnati
Kansas City
Washington
• for PHILADELPHIA
Fox Theatre, Philadelphia, premiere run, reports
sensational morning, noon, night crowds . . . every
reviewer in town shouting his praises . . • word-
of-mouth advertising electrifying city.
Music by Jerome Kern. Lyrics and Libretto by Oscar Hammerstein, 2nd
&
GLORIA SWANSON
and JOHN BOLES
• DOUGLASS MONTGOMERY
JUNE LANG
AI Shean • Reginald Owen
Joseph Cawthorn • Hobart Bosworth
An Erich Pommer Production. Directed by Joe May.
Continuity by Robert Liebmann, Screen piay by Howard
I. Yoang and Billie Wilder. Dances by Jack Donahue.
(0
The next speaker is Mr. Kann, Editor
of Motion Picture Daily. . ."
LET HIM TELL YOU ABOUT
THE 10 BIGGEST
MONEY- MAKING
STARS!
(Reprinted from Motion Picture Daily)
"9,000 independent exhibitors voting in Motion Picture Herald's
'Ten Biggest Money-Making Stars', an annual poll conducted
by that publication. The basis of the poll ... a story of tickets
sold, not opinions ventured. The ballots were limited to
showmen without producer or distributor affiliation, direct or
indirect. The question in each ballot was: 'Please list 10
players whose pictures drew the greatest number of patrons
to your theatre from Sept. 1st, 1933 to Sept. 1st, 1934.' IN
POINT OF COMPANY ALIGNMENT M-G-M EMERGED
FIRST WITH FIVE. Next had two. Next had two. One
ay be claimed by both." — Kann, M. P. Daily
PIN AN M-G-M
MEDAL ON YOUR
BOX-OFFICE!
The Leading
WO
Motioh^
Picture
Industry
MOTION PICTURE
DAILY
Alert,
Intelligent
the I
in All
Branches
VOL. 36. NO. 135
NEW YORK, SATURDAY, DECEMBER 8, 1934
TEN CENTS
Code Expense
In 11 Months
$181,498.30
Of This Total Offices
Here Cost $72,796
Eleven months' operation of Campi
ind its various agencies has cost
;181.498.30, of which S24.478.41 was
pent during November. Of the 11-
nonth total, $72,796.01 was chalked
»ff for home office expense. Salaries
or Xew York's main office totaled
s58,753.85. In Hollywood, the ex-
lense was $14,962.73, of which
-8,313.01 is marked off for salaries.
_ocal board operation cost $93,793.56.
>f which $50,060.98 was for salaries.
Receipts from producers and dis-
ributors since Jan. 1 total $100,500.
Monies received from exhibitors
tmounted to $88,798, a combined total
>f $189,298. This figure checked
igainst a total disbursement of $181.-
198.30 leaves a cash balance of
8.03022.
Of the $24,478.41 expense last
nonth, salaries for home office per-
ionnel totaled $5,436.35; for Hollv-
vood. $2,251.86; for local boards,
57,618.75. or a total of $15,306.96.
Home office disbursements, including
salaries, were $9,327.13; Hollvwood,
53.076.19; local boards, $12,075.09.
rhe monthlv cost sheet for November
.vas $488.09 under the budget. For
:he month of October, the expendi-
:ures were $928.49 under.
Flinn Gets Salary
Boosted to $20,000
Because of his conscientious work
)n the code, John C. Flinn. executive
secretary of Campi, has been given
in increase of $8,000 per annum,
winging his new yearly salary figure
o $20,000.
The recommendation for boosting
-linn's salary has been before Code
\uthority for some time, but was
>assed at last Thursday's meeting. At
his session, the executive secretary
(Continued on page 3)
Say Sales Tax Hits
Accessories Solely
Admissions and film contracts do
iot come under the new city sales
"ax which goes into effect Monday,
iccording to major company execu-
tives and Charles L. O'Reillv, presi-
dent of the T.O.C.C.
Purchases of accessories are tax-
able, however.
O'Reilly says the city tax follows
(Continued on page 4)
Yamins Lauds
Code; Favors
Some Changes
Thinks Campi and Boards
Should Be Continued
Fall River, Dec. 7. — "One year's
experience with the code and its op-
eration under Code Authority as well
as under local boards have proved that
a self-regulating body within the in-
dustry can be of inestimable value in
solving industry problems, and that
such a body should continue to func-
tion," says Nathan Yamins, Campi
member.
"The year's experience also has con-
vinced me that the time has now ar-
rived for amendment of the code both
as to substantive and administrative
provisions, in order that the small en-
terprise— the little exhibitor — may get
that measure of justice and protection
to which he is entitled.
"The code and the NRA were never
intended to injure the little fellow, but
the code and the manner in which it
is being administered, are doing just
that and must be changed."
NRA Names Dec. 19
For Vaude Hearing
Washington, Dec. 7. — Amend-
ments to the vaudeville sections of the
film code will be discussed at a public
hearing set todav by the NRA for
(Continued on page 3)
Cantor Missed It
Cincinnati, Dec. 7. — "If Eddie
Cantor could see me now!"
exclaimed Rubinoff as he was
showered with kisses by a
bevy of admiring sorority girls
from the University of Cin-
cinnati, who literally "mobbed"
him as he arrived at the Union
Terminal here. A 30-piece
band also was on hand to
escort him to the City Hall,
where Acting Mayor Imbus
presented the keys to the city.
Rubinoff is to conduct the
augmented Cincinnati Sym-
phony Orchestra of 100 musi-
cians in a concert tomorrow
night for the benefit of the
Cincinnati Musicians' Ass'n.
Boycott Idea
Fizzles Among
K.C. Theatres
Kansas City, Dec. 7. — The pro-
posal to boycott M-G-M and other
distributors whose product is first run
at prices competitive to the neighbor-
hoods apparently has fizzled. Inde-
pendents now are expecting that
Campi will modify first runs' protec-
tion in event those theatres fail to
maintain normal admissions.
Jay Means, I. T. O. president, who
started the boycott idea, says the pro-
posal is being "held in abeyance."
Despite his expressed indignation, he
(Continued on page 3)
McConnell, Garyn on Sales
For "March of Time" Series
Fred J. McConnell has been named eastern sales manager and
Walter P. ("Pat") Garyn western sales manager of "The March of
Time" series which First
Division will handle.
Both men are among
the better known distribu-
tion executives. McCon-
nell, for years was with
Universal in charge of
short subject sales and
latterb' has been with
the Van Beuren Corp.
Garyn, an old hand at
theatre operation with
the original Keith cir-
cuit, was once assistant
to Winfield Sheehan when
the latter was Fox sales
manager, later was a sales executive with M-G-M and for several
years was general sales manager of National Screen Service and
subsequently executive assistant to Herman Robbins, its president.
W. P. Garyn
F. J. McConnell
Amusements
Join Against
Free Programs
Films, Theatres, Radio
Are Represented
Three forms of amusements, films,
radio and legitimate theatres, yester-
day joined forces in a move to combat
unfair competition arising from time
to time, such as the free shows spon-
sored by Standard Oil Co. of N. J.
Amalgamation of entertainment in-
dustries followed a protest meeting
at Campi, which was directed at the
free oil company shows in New Eng-
land within the last week.
Reports were current late last night
that efforts were being made to in-
duce Standard Oil to cancel the free
show tour. Representatives of vari-
ous companies, including Standard
Oil, met yesterday afternoon at the
Hays office to discuss the matter and
it is understood sessions will continue
over the week-end. Officials of Music
Corp. of America, agents for the art-
ists playing in the free shows, refused
to comment, referring all queries to
Standard Oil executives.
However, several code members
contacted believed that the Socony
gratis entertainment was a thing of
the past.
Labor officials, musicians and ac-
tors joined the Campi move to drive
out the new type of entertainment.
On a committee of six appointed yes-
terday by Charles L. O'Reilly, chair-
man of the session, all interests are
represented. The committee consists
(Continued on page 3)
Wisconsin Forming
New Theatre Group
Milwaukee, Dec. 7. — A committee
of 10 exhibitors, including four M. P.
T. O., four Allied and two unaffiliated
members, met here yesterday to lay
the groundwork for an independent
statewide exhibitors' association. Pres-
ent plans hall for dissolving M.P.T.O.
of Wisconsin as well as Allied and the
(Continued on page 2)
F. /. Godsol Passes
Away in Switzerland
Frank J. Godsol, one time president
of Goldwvn Pictures Corp., died in
Lausanne, Switzerland, a few days
ago, according to word received in
New York yesterday by Ben Blumen-
thal, who himself was once active in
(Continued on page 4)
MOTION PICTURE
DAILY
Saturday, December 8, 1934
MOTION PICTURE
DAILY
(Registered U. S. Patent Office)
Vol. 36
December 8, 1934
No. 135
Martin Quigley
Editor-in-Chief and Publisher
MAURICE KANN
Editor
JAMES A. CRON
Advertising Manager
Published daily except Sunday and holi-
days by Motion Picture Daily, Inc., sub-
sidiary of Quigley Publications, Inc.,
Martin Quigley, President; Colvin Brown,
Vice-President and Treasurer.
Publication Office: 1790 Broadway, New
York. Telephone Circle 7-3100. Cable ad-
dress "Ouigpubco, New York." All con-
tents copyrighted 1934 by Motion Picture
Daily, Inc. Address all correspondence to
the New York Office. Other Quigley pub-
lications: MOTION PICTURE HERALD,
BETTER THEATRES, THE MOTION
PICTURE ALMANAC and THE CHI-
CAGOAN.
Hollywood Bureau: Postal Union Life
Building, Vine and Yucca Streets, Victor
M. Shapiro, Manager; Chicago Bureau: 407
South Dearborn Street, Edwin S. Clif-
ford, Manager; London Bureau: Remo
House, 310 Regent St., London, W. 1,
Bruce Allan, Representative. Cable address:
"Quigpubco, London"; Berlin Bureau:
Berlin - Tempelhof , Kaiserin - Augustastrasse
28, Joachim K. Rutenberg, Representative;
Paris Bureau: 19, Rue de la Cour-des-
Noues, Pierre Autre, Representative; Rome
Bureau: Viale Gorizia, Vittorio Malpassuti,
Representative; Sydney Bureau: 102 Sus-
sex Street, Cliff Holt, Representative; Mex-
ico City Bureau: Apartado 269, James
Lockhart, Representative; Glasgow Bureau:
86 Dundrennan Road, G. Holmes, Repre-
sentative; Budapest Bureau: 3, Kaplar-u,
Budapest, II, Endre Hevesi, Representa-
tive; Moscow Bureau: Civtzev Vrazhek,
N. 25, Apart. 146, Moscow, U. S. S. R.,
Bella Kashin, Representative. Cable ad-
dress: "Samrod, Moscow."
Entered as second class matter, January
4, 1926, at the Post Office at New York
City, N. Y., under Act of March 3, 1879.
Subscription rates per year: $6 in the
Americas, except Canada $15 and foreign
$12. Single copies: 10 cents.
Wisconsin Forming
New Theatre Group
(.Continued from page 1)
formation of an association without
national affiliations.
It is felt that such an organization
is needed to handle problems which
have been besetting the industry here,
including price wars, double features
and premiums. It is hoped to have
the new organization functioning by
Jan. 1. There is an additional need
for such an association with the state
legislature convening in January, it is
felt.
The committee working on the new
setup consists of E. F. Maertz,
Charles Washicheck, James J. Boden
and John Honthaner, representing Al-
lied ; George Fischer, A. C. Guten-
berg, A. D. Kvool, Ernst Langemack,
representing M. P. T. O. of Wis-
consin, and Ross Baldwin and B. K.
Fischer, not presently affiliated with
either organization.
Flint Agrees to Ban
Duals After Jan, 1
Flint, Dec. 7. — Duals will be
banned here after Jan. 1. An agree-
ment to this effect has been reached
by all exhibitors. Previous attempts
to accomplish this have failed.
A move to establish the same ban
is also under way in Grand Rapids,
but has not made much headway as
yet.
MOTION PICTURE DAILY* i Purely
HOLLYWOOD PREVIEW Personal
"Night Life of the Gods"
( Universal )
Hollywood, Dec. 7. — A picture that is completely but pleasantly
goofy, with cast and director seemingly purposely insane, but with no one
caring as fun percolates from their antics.
The screen play is based on Thorne Smith's widely read novel of the
same name. If audiences like to forget their cares and will take comedy
reminiscent of slapstick days, this picture will be their meat.
The yarn concerns an invention by Alan Mowbray by which he turns
humans into stone and vice versa at will. Visiting a museum, he experi-
ments with ancient gods and goddesses, whom he revives for a fling at
night life on Broadway, with hilarious results.
Lowell Sherman's direction scores, keeping the audience laughing
with the picture. His fine hand shows to particular advantage in the
most ludicrous situations.
Mowbray gives a knockout performance as the eccentric inventor.
Florine McKinney, as his self-appointed love, is as bewitching a minx
as has appeared on the screen. Gilbert Emery's comedy as Mowbray's
resigned butler will convulse the sphinx. George Hassell and Robert
Warwick do grand work as Bacchus and Neptune, respectively. Irene
Ware, Marda Deering and Geneva Mitchell are good as goddesses..
Convincing support is given by Peggy Shannon as Mowbray's niece,
Ferdinand Gottschalk as Miss McKinney's father, William Boyd as a
detective and Henry Armetta as a fish vendor. John Mescall"s photog-
raphy is outstanding.
Production Code Seal Xo. 470. Running time, 80 minutes. "G."
"Mystery Woman"
(Fox)
Hollywood, Dec. 7. — What "Mystery Woman" lacks in marquee
names is counterbalanced by cast performances and planned direction,
intelligent timing and suspense keeps this drama entertaining. It is
entirely devoid of dull spots.
The story revolves around an espionage plot and subsequent court
martial of Rod La Rocque, an officer in the French army. His wife,
Mona Barrie, in an endeavor to vindicate the officer of charges, plays
a lone hand against John Halliday and Gilbert Roland, who, in turn,
are pitting their wits against each other to gain possession of a neces-
sary document. Each side holds one-half of the paper.
Miss Barrie is the centrifugal force of the action, which takes place
aboard a transatlantic liner and climaxes in New York. Romantic sus-
pense centers around the lovable crooks, Roland and Miss Barrie, which
winds up in a bond of strong friendship. The fadeout features the death
of Halliday and Roland in a gun battle and the release of La Rocque,
who is exonerated and subsequently decorated with the Legion of
Honor.
Eugene Ford's direction achieves dramatic suspense. All the cast
(Continued on page 4)
RKO Trading Heavy on Big Board
High
Columbia Pictures, vtc 3>54
Consolidated Film Industries -,'54
Consolidated Film Industries, pfd 18%
Eastman Kodak 11254
Fox Film "A" 13%
Loew's, Inc 36%
Paramount Publix 3%
Pathe Exchange V/t
Pathe Exchange "A" 14%
RKO 2J4
Warner Bros 5
Warner Bros., pfd 23%
Low
1854
112
1354
35%
3/s
1
13%
VA
4%
22%
Close
39}4
4%
18-4
112J4
13%
36%
W%
1
14%
2%
Net
Change
+ %
- %
- %
- Va-
+ 54
+ 54
+ 54
- Vs
+ %
+ %
23% + 54
Sales
600
3,100
7x
400
1,000
13,000
4,400
2.200
900
16,300
1,700
20,000
Trans Lux Off Eighth on Curb
Net
High Low Close Change
Technicolor 1354 1354 1354
Trans Lux 2 2 2 — J/$
Paramount Broadway Bonds Off Half
Sales
1,200
100
High Low Close
General Theatre Equipment 6s '40 9 8% 9
General Theatre Equipment 6s '40, ctf 854 854 854
Keith B. F. 6s '46 64% 6454 6454
Loew's 6s '41, ww deb rights 104% 10454 1 0454
Paramount Broadway 554s '51 44 44 44
Paramount F. L. 6s '47 61 61 61
Paramount Publix 554s '50 61 H 61 61%
Warner Bros. 6s '39, wd 60% 6054 6054
Net
Change
+ v%
+ %
Sales
7
2
2
15
5
10
21
4
HAROLD HEXDEE, research di-
rector of Radio, spoke the other
night before the C. C. N. Y. alumnae
chapter of Tau Delta Phi on "The
Authentication of Motion Pictures."
Jane Baxter, who arrived from the
coast Thursday after completing wor*
with Ann Harding in "Enchanted
April," sailed yesterday on the Berett-
garia.
June Knight and her new husband
Paul Ames, have gone back to the
coast. Fox has signed Miss Knight
for "Redheads on Parade."
Frank W. Lovejoy, president oil
Eastman Kodak, and Mrs. LovEjovj
sail for Bermuda today on the Queer,
of Bermuda.
George Schaefer left last night foi
a week-end of duck hunting in Mary
land.
Frankie Thomas, 12-year-old ac-
tor under Radio contract, departs foi
the coast tomorrow.
George Arliss leaves town for thi
coast today to enact the title role iij
20th Century's "Cardinal Richelieu."
Clint Weyer was in Philadelphir
yesterday.
Warners Will Stage
Party for Orpham
Wraners today will stage an an
nual Chanukah party for the He
brew Orphan Asylum. The affair wil
be held in the Warner memorial gym 1
nasium.
The children will put on their an
nual play, "Life Begins at 8:35,"
that time. Preceding the show, then
will be a supper attended by Harr;
M. and Albert L. Warner and othe
home office executives.
Curtis to Form a Unit
Hollywood, Dec. 7. — John A. Cur
tis, vice-president and treasurer o
First Division, arrived here by plan
from Xew York today to look ove
various production facilities, prepara
ton' to starting the company's ow:'
production unit. He also will wor
out plans to establish exchanges in th
west.
Al Friedlander is expected her'
around Jan. 10 to assist Curtis o:~
the exchange development.
1st Div. to Open More
First Division is expected to an*
nounce today new exchanges in Dej
troit, Washington and one in th
South. Arrangements for a Chicag
office have not yet been completec
but details are expected to be se
some time next week.
1st Div. Gets Bout Filn
First Division concluded arrange
ments yesterday for distribution c
films of the Londos-Shikat wrestlin.
match at Madison Square Garden o
Monday. The match is sponsored b
the N. Y. American Christmas Func
Delay Coast Code Meet
Hollywood, Dec. 7. — Because c,
insufficient attendance the meeting o
the directors of the Writers' and Ac
tors' Guilds called for last night fc
discuss action on a new draft of
code of fair practice, was postpone
until Tuesdav.
-
iturday, December 8, 1934
MOTION PICTURE,
DAILY
Amusements
[oin Against
?ree Programs
(Continued from page 1)
t Harold S. Bareford, films; M. R.
unvon, radio; Dr. Henry Mosko-
itz, legitimate theatres ; Frank Gill-
ore, Actors' Equity; Joseph N.
,'eber, American Federation of
lusicians; George Browne, I.A.T.
.E. John C. Flinn was named exec-
tive secretary of the committee and
meeting will be held early next
eek further to discuss the situation,
he committee will be a permanent
ne and will act from time to time
n problems arising within the amuse-
lent industries.
\ttending the session at Campi
ere O'Reilly, Flinn, Bareford, Ed
Luykendall, Marcus Heiman, Gill-
lore, Birnbach, Merlin ri. Ayles-
,orth, J. Robert Rubin, Martin Beck,
iordon C. Youngman, Runyon, James
Baldwin, Charles S. Hynes, Walter
incent, William P. Farnsworth
eputy administrator ; Tyree Dillard,
r., Brown, Louis Krouse, Rodger
Cennedy, R. A. Cooke and Sidney
ustin.
Runyon and Baldwin represented
he radio code authority while Hyne
Lcted for the hotel code authority.
Campi Orders Ending] Cleaners Amendment
Of Five Bank Nights
Campi has handed down cease and
desist orders on five appeals from
•'bank night" decisions of local griev-
ance boards. In each instance, Code
Authority affirmed verdicts of the
lower boards. The "stop" orders were
on the following cases : G. E. Klock,
Klock, Neodesha, Kan., against J. E.
Whitten, Gem, same city ; Tower,
Miami, against Coral Gables, Para-
mount and Rosetta, same city ; Rex,
Fairfield, la., against Orpheum, same
city ; Casino, Marshalltown, la.,
against Strand and Family, same city,
and Capitol, New Braunsfels, Tex.,
against Opera House, same city.
In the complaint of Harry C. Swan
of the Washington, Granite City, 111.,
against Gaylord W. Jones, Rialto,
ame city, charging that the "Carpen-
ter Food Show" put on by the re
spondent was a means to reduce admis
ions, Campi upheld the St. Louis
board which decided in favor of Swan.
Two open air non-theatrical free
shows were also ordered to quit the
practice. They were being put on by
Edward A. Ramsey of Mansfield, O
and on complaint of T. J. Fowles of
the Idol, Lodi, O., and Ohio, Madison
and Ritz, Mansfield, the Cleveland
grievance body declared the practice a
iolation of the code, this being af
firmed by Campi.
Rosenblatt to Come
Here on Pay Scales
Washington, Dec. 7. — Compliance
Director Sol A. Rosenblatt will go to
\e\v York Dec. 12 to meet with the
ommittee which has been investigat-
ng operators' pay scales in the metro-
>olitan area. The commission asked
lis participation in its next meeting in
>rder to attempt to develop conclu-
sions for recommendations. Originally
Rosenblatt had planned to go thi
,veek, but could not because of the
ielay in getting back from the coast
Rosenblatt has had the findings of
the NRA fact finding committee be-
fore him for the past few weeks and
is prepared to set up basic wage scales
for theatres without further delay.
It is understood that smaller houses
will pay a minimum of about $8(
week for a booth, while in larger
houses the booth cost will be gradu
ated.
Code Attack Due at
New Orleans Confab
New Orleans, Dec. 7. — Directors
of both Allied and the G. F. T. A
(Georgia) will meet singly and later
jointly Monday and Tuesday to take
up the code and will ask the govern
ment for its reopening, claiming that
it is unfair to independents and that
boards are "controlled by major cir
cuits'' and exchanges.
Recently a letter was mailed fro:
this city to code authorities, charging
malfeasance in office by the local
board.
Col. H. A. Cole of Texas Allied
makes the assertion that Code Au
thority is operating "under the
influence of monopoly."
Consolidated Closing One
Consolidated is closing the U. S. in
the Bronx tomorrow night.
Flinn Gets Salary
Boosted to $20,000
(Continued from page 1)
made a lengthy and favorable report
the extra situation as a result of
s recent trip to the coast.
Since last July, Flinn has kept op
erating expenses below the budget
every month. For July, the budget
was under by $1,362.09; for August
by $1,793.28; for September, by $2,
73.10; for October, by $928.49; for
November, by $488.09. June was the
only month when the expense ran
over the allowance. The overage fig-
ure then was $153.51.
Pending to Dec. 21
Washington, Dec. 7. — An amend-
ment to the code prohibiting exhibi-
tors from entering into "any agree-
ment, directly or indirectly, for serv-
ices of a kind usually and customarily
performed by theatre employes direct-
ly compensated by exhibitors unless
such agreement provides that no per-
son actually engaged in rendering
such services shall be employed at a
lower standard provided for" in the
code, except under contracts entered
into prior to the effective date of the
amendment, was submitted to the in-
dustry today by Deputy Administra-
tor William P. Farnsworth. The in-
dustry was informed that, failing to
receive substantial objections prior
to Dec. 21, the amendment will then
be approved by the NRA.
This is the so-called "window-wash-
g amendment," which was the sub-
ject of a hearing in Washington some
months ago, and involves contracts
held by a number of theatres of main-
tenance of their houses by an outside
agency.
Boycott Idea
Fizzles Among
K.C. Theatres
Fox Signs Martini
Fox has signed Nino Martini,
Metropolitan Opera and radio tenor,
to do a series of musicals following
the opera season. He will start work
in May and will stay at the studios
during the spring and summer.
(Continued from page 1)
has been showing M-G-M pictures at
his Oak Park Theatre.
While the association adopted
Means' resolution to stand 100 per
cent for a boycott, it later developed
the move largely depended on support
from Fox Midwest and exhibitors
within a radius of 100 miles around
Kansas City. Cooperation also was
sought from the Kansas-Missouri
Theatre Ass'n. With the exception of
independents in Kansas City, no ex-
hibitors seem inclined to join the boy-
cott. A faction of independents not
affiliated with I. T. O. ridicules the
idea.
Several independents are reported to
have cancelled film contracts in protest
against the low scales at downtown
first runs, and others threaten that re-
gardless of contracts they will not play
pictures first run at the 15-cent
balcony price prevailing at Loew's
Midland.
The situation has become more in-
volved since RKO today cut the
Mainstreet's scale to a par with the
Midland's.
NRA Names Dec. 19
For Vaude Hearing
as pre-
Daily
(Continued from page 1)
Dec. 19 at the Willard Hotel
dieted in Motion Picture
yesterday.
A number of amendments have been
submitted, but it is possible that the
schedule may be changed to permit in-
clusion of others not yet received,
which were considered yesterday by
Campi.
A. W. Kelly in Hollywood
Hollywood, Dec. 7. — Arthur W.
Kelly, vice-president of U. A. in
charge of foreign distribution, has ar-
rived here on his way back to New
York from an eight-month tour
around the world.
Plan New Theatre Here
The Van Dyke Amusement Corp.,
theatre operator, has leased the south-
east corner of Broadway and Dyck-
man St. and proposes to build a thea-
tre on the site.
Open at Walla Walla
Washington, Dec. 7.— Fred Mercy
and his son, pioneer Washington ex-
hibitors, tonight opened the new Roxy
at Walla Walla.
- - -
32000,000
LISTENERS
MOTION PICTURE
DAILY
MOTION PICTURE DAILY*
HOLLYWOOD PREVIEW
(Continued from page 2)
portrayals are intelligent. Ernest Palmer's photography is flawless.
Philip MacDonald penned an interesting screen play from Dudley
Nichols' story. Box-office results may depend upon the exploitation value
of the mystery angle.
Production code seal No. 456. Running time, 72 minutes. "G."
"Little Men"
(Mascot)
Hollywood, Dec. 7. — This film corrals the cream of Hollywood's
juvenile talent to portray in expert fashion the lovable characters visual-
ized and recorded in Louisa M. Alcott's novel of the same name. In text
paralleling to some extent "Little Women," by the same author, exhibi-
tors can capitalize on the popularity of the ''Little Women'' screen play.
Phil Rosen's direction of such capable youngsters as Frankie Darro,
Dickie Moore, George Ernest, David Durand, Tommy Bupp, Buster
Phelps, Dickie Jones, Ronny Crosby, Junior Durkin and Cora Sue Col-
lins deftly succeeds in bringing tears and sympathy for a group of char-
acters gathered under one roof, where they live and attend school in
1871 in New England, where schools were few and far between.
This locale produces ample opportunity to play upon the emotions of
boyhood ideals, ambitions, hopes, dreams and disappointments and milks
dry all these elements, producing a tender, human offering that should
please those appreciating true characterizations of a period contributing
to our early history.
The picture looms as a natural for the juvenile trade and the Yule-
tide season, Ralph Morgan and Erin O'Brien Moore furnish the paternal
balance as the masters of a boarding school in faithful and effective
fashion.
No code seal. Running time. 79 minutes. "G."
Looking 'Em Over
"War Is a Racket"
(Eureka Prod.)
Entirely lacking in continuity and composed of stock shots of a
familiar hue, this picture has little that is impressive. Its preachment
against war wavers occasionally and tends to become socialistic in
nature. Toward the end it varies once more and becomes purely patri-
otic in its flag-waving presentation of American troops in action.
The film concludes by naming and picturing some of the best known
international munitions plants and, through the medium of an inquiring
reporter written into the script, places on the screen the opinion of
anonymous persons interviewed that "war is a racket." The composi-
tion is lacking in conviction and its effectiveness as anti-war propaganda
is correspondingly weak.
No code seal. Running time, 68 minutes. "G."
"The Private Life of Don Juan," opening this morning at the Rivoli, was re-
viewed on Sept. 8.
"The Painted Veil," yesterday's opener at the Capitol, was reviewed on
Nov. 24.
"The President Vanishes," which opened at the Paramount yesterday morn-
ing, was reviewed by wire from Hollywood on Nov. 13.
4
Catholic Churches
Here to Post Films
Lists of approved and disapproved
pictures will be posted in the vestibules
of all Catholic churches of the arch-
diocese of New York starting Dec. 16.
The order has been issued by Car-
dinal Hayes in conjunction with a plea
to all Catholics to sign Legion of
Decency pledges. The pledges will be
for one year and will be given to both
adults and children.
In addition to posting the lists of
films, pastors will read the lists £ach
Sunday.
Detroit, Dec. 7. — Pledges of re-
newed support for the Legion of De-
cency in the Detroit Catholic diocese
are urged in a letter from Bishop
Michael J. Gallagher.
The letters have been mailed to
every pastor in the Detroit area to
be read at all masses in their churches
Sunday.
F. /. Godsol Passes
Away in Switzerland
{Continued from page 1)
the industry as president of Export
and Import Film Co.
Godsol had his origin in Cleveland,
became associated with Pathe of
France a number of years ago, later
with the Shuberts, and, during the
war, was purchasing agent in America
for the French Government. He also
founded Tecla Pearls. From a mem-
ber of the board of directors of the
former Goldwvn Co., he eventually
obtained control and became its presi-
dent, as Samuel Goldwyn, one of the
founders of the enterprise, retired. It
was Godsol who acted for the Gold-
wyn organization in the merger by
which that company became part of
Metro-Goldwyn-Mayer.
He was believed to have been 61 at
the time of his death and had been
living in Switzerland for his health
for the past seven or eight years. He
died of a lingering illness, reported
to be a lung condition.
"Bob" Long Is Dead
Robert Edgar Long, for years asso-
ciated with David Wark Griffith in
charge of the latter's publicity, is
dead, following a brief illness at the
Ruptured and Crippled Hospital. His
experience in the publicity end of the
business included posts with William
A. Brady, the Aborn Opera Co., Earl
Carroll and United Artists.
Home Services Today
Funeral services for Edward A.
Home, who was manager of Radio's
print department for the past 15 years,
will be held at two o'clock this after-
noon at his home, 100 Thayer St.,
Manhattan. Burial will be at Gate
of Heaven Cemetery, A'alhalla, N. Y.
Plan Monte Carlo Night
The M. P. Club will stage a Monte
Carlo Night on Dec. 12 for the benefit
of the Federation of Jewish Charities.
There will be dancing and music and
other forms of diversion with a free
buffet supper during the evening.
Signs for New Sound
Philadelphia, Dec. 7 — Samuel L.
Rothafel has closed a deal with RCA
Victor for installation of High Fideli-
ty Photophone reproducers in the
Roxy-Mastbaum scheduled to open the
day before Christmas.
Gets Liberty Pictures
Hollywood Film Exchanges, distri-
butors of Liberty Pictures here, has
sold its complete list of pictures to the
Rosenblatt Circuit, operating houses
in New York and New Jersey.
"Clive" Ready Jan. 25
National release of 20th Century's
"Clive of India" by United Artists
has been set for Jan. 25. The film is
in an advanced stage of production.
M-G-M Signs Bennett
Hollywood, Dec. 7. — M-G-M has
signed Constance Bennett to a three-
year contract. The pact provides for
a 40-week guarantee the first year
with two one-year options providing
for the same amount of work.
M-G-M Auditors to Meet
M-G-M auditors in the field and
home office will hold their annual
meeting at the Astor about Christmas
Week.
Saturday, December 8,
"Divorcee" $16,000
Hit at the Palace
"Gay Divorcee" at the Palace hi
one of the best grosses in months fci
this Broadway house. The intake wa.<
$16,000, the picture being held as ;
result In Brooklyn the Albee also gar-
nered a neat $18,000, which is abou
$3,000 above normal business. Start
ing today, the Radio picture opens ;i
26 RKO neighborhood houses for
full week's run.
Second week of "The Merr
Widow" " at the Capitol fell to $21,'
000. At the Paramount, "Colleg'
Rhythm" took in $19,500 for the sec
ond week. The Rivoli's take for tbl
week nending last Wednesday nigh
was §16,500.
Quigley Award Goes
To Solomon, Newarl
Sig Solomon, Regent, Newark, i
winner of the Quigley Award of tb
Managers' Round Table Club of th
Motion Picture Herald for Novem
ber. He took the honors for his cam
paign on "Judge Priest" by unani
mous decision of the judges.
First mention goes to Fred Wei
mar, Orpheum, Sioux Falls, S. D., fo
his work on "Little Miss Marker.
The next five to win honorable men
tion were : Don Nichols, Charlotte
Leo Henderson, Twin Falls, Idaho
Matt Saunders, Bridgeport ; Harr;
Charnas, New York, and Rosco
Drissel, Wilmington.
Say Sales Tax Hits
Accessories Soleli
(.Continued from page 1)
the lines of the recent state sales ta
in applying only to tangibles.
Under the terms of a schedul
worked out by Mayor LaGuardk
Comptroller McGoldrick and othe
city officials the tax will not be levie
on sales of one to 12 cents. Th
schedule from 12 cents on is: 13 t
62 cents, tax one cent ; 63 cents t
$1.12, two cents; $1.13 to §1.62, thre
cents ; $1.63 to $2.12, four cents ; $2.1
to §2.62, five cents; $2.63 to $3.L
six cents; S3. 13 to $3.62, seven cents
$3.63 to $4.12, eight cents; $4.13 t
$4.62, nine cents; $4.63 to $5.12, 1
cents.
Tax Fight Planned
By Washington Met
Seattle, Dec. 7. — Washington thea.
tre operators, through Allied Amusf
ments of the Northwest, are mappin
their campaign against addition;
taxation burdens threatened when tr j
state legislature meets in Olympi
next month. Through Hugh Brue|
and James M. Hone, president an;
secretary, respectively, the theatre me
are represented on the newly-forme
Washington State Retail Legislate
Council which will campaign again:
higher taxes.
Eastman Plans Bonus
Rochester, Dec. 7. — The Eastma
Kodak Co. today announced that
would pa)- a wage dividend to en
ployes, the first such payment :'
three years.
Fox Music Unit to Mov
Movietone Afusic Corp., Fox sul
sidiary, moves to Radio City Jan.
taking over an entire floor for its ne
headquarters.
The Leading
Newsfeasel
Motion^
Picture
Industry
MOTION PICTURE
DAILY
Alert,
Intelligent
the In
in All
Branches
VOL. :H6. NO. 136
NEW YORK, MONDAY, DECEMBER 10, 1934
TEN CENTS
New RKO Plan
4waits Court
Claims Action
Reorganization Outline
Discussed in Interim
Further progress on a plan of re-
trganization for RKO is awaiting
:ourt action on the creditors' claims
iled against the company and a re-
labilitation of Orpheum Circuit, bank-
upt RKO theatre holding subsidiary,
t is learned.
The basis of a reorganization plan
or RKO has been discussed from time
o time during recent weeks, but the
lefinite formation of a plan has been
mpossible because of the absence of a
:ourt determination of the claims
\h\ch will be allowed against the com-
)any and their amounts. Once this
las been established, reorganization
:actors will be enabled to proceed
,vith the drafting of provisions for
aking care of the claims in a reor-
ganization plan. The working out of
(Continued on page 7)
Carolina MPTO Meet
Begun at Charlotte
Charlotte, Dec. 9. — With 500
nembers of the industry on hand, the
U.P.T.O. of North and South Caro-
ina went into convention today at the
Hotel Charlotte here.
The meeting, which continues
hrough tomorrow, is devoting itself
irincipally to a discussion of problems
iacing the industry, such as music
tees, possible adverse legislation in
both Congress and the legislatutes of
(Continued on fane 6)
Expect Skouras-FWC
Contract This Week
Charles and Spyros Skouras are
expected to sign a joint 10-year operat-
ing contract with National Theatres
this week, prior to the former's de-
parture for the coast with his secre-
tary, Charles Zabel.
Reorganization is slated to become
effective on Jan. 1. Spyros will leave
for the coast either the latter part of
(Continued on pane 6)
Sound Parts to Be
Used in Tax Ruling
Submission of samples of component
parts of sound equipment to the In-
ternal Revenue Dept. for a ruling on
whether or not the equipment is taxa-
ble will be undertaken by the Enter-
tainment Apparatus Mfrs. Ass'n., it
(Continued on page 6)
Schulberg May Return
As Para. Studio Head
Early Ending
Of Oil Shows
Is Predicted
Indications are that Standard Oil's
formal announcement of the discon-
tinuance of its free show featuring
Guy Lombardo will be made today or
tomorrow, following week-end con-
ferences which began with a meeting
at M. P. P. D. A. headquarters on
Friday.
Standard Oil executives in charge of
the touring troupe would neither affirm
nor deny the report on Saturday that
an understanding had been reached
with industry representatives whereby
the free shows would be discontinued
as of this week with circuits assuming
Standard Oil's talent contracts. Other
sources, however, definitely indicated
that such was the case.
The touring troupe opened a week
(Continued on page 6)
Warners Deny Plan
To Make Equipment
Reports that United Research Corp.,
wholly owned Warner subsidiary,
olanned to enter the sound reproducer
field within the next few months are
denied by home office executives.
It is stated that the company was
inherited bv Warners when Bruns-
wick Radio Corp. was taken over
about five years ago. United is ex-
perimenting with home talker devices
in addition to the U. R. C. sound de-
vice for theatres. A few installations
of the latter device have been made.
(Continued on page 6)
Stalemate On
Zoning May Be
Ended Shortly
End to the national clearance and
zoning stalemate is near with Campi
concentrating on two schedules, Kan-
sas City and New Haven. Both have
been rehashed and modified to Code
Authority's liking and are due to be
reviewed again Thursday. It is the
opinion of a number of codists that
either one, or both, plans will be ap-
proved. Compliance Director Sol A.
Rosenblatt will attend this session and
urge adoption of at least one of the
schedules.
Although Kansas City independents
were aroused to the point where a
boycott against M-G-M and U.A. was
threatened because of the price war
between RKO's Mainstreet and Loew's
Midland, Campi itself has a plan
(Continued on page 6)
J. L. & S. to Sue on
McVickers Product
Chicago, Dec. 9. — An anti-trust suit
under the Sherman Act will be entered
in Federal court next week by Jones.
Linick & Schaefer against Balaban &
Katz, with a similar suit to be
launched in New York against Para-
mount Publix over the alleged inabil-
ity of J. L. & S. to obtain first run
product from major distributors for
the McVickers.
The McVickers opened Tuesday
night under J. L. & S. management
with a public oreview. The program
(Continued on page 6)
November Grosses Show
Only Light Fluctuations
Late November grosses continued
along the levels which set in durine
the first week of the month in the 22
key cities from which Motion Pic-
ture Daily tabulates weekly reports.
For the week ending Nov. 29-30 the
takes in 137 theatres totalled SI, 369,-
576. This is slightly more than l~x
the previous week when the total was
(Continued on page 6)
Comes East to Discuss
Deal— Talks Will Be
"Unofficial"
B. P. Schulberg may again become
head of production for Paramount.
So far in the conversation stage
largely, but reported well along, nev-
ertheless, the possibility will be aired
further in the next couple of weeks by
Schulberg, who arrived from Holly-
wood yesterday, and members of the
new Paramount board.
As the Chief changed train crews in
Kansas City Friday night, Schulberg
made the flat statement to a Motion
Picture Daily reporter that he was
heading east on a deal to resume
charge of all production.
"I will either take over Paramount
production entirely or, if that falls
through, will produce entirely inde-
pendently of any studio, releasing
through the major distributor who
offers me the most advantageous
terms."
The impending conferences will, of
necessity, be viewed as "unofficial" in
(Continued on page 7)
Add Two Vaudefilm
Houses to Census
Washington, Dec. 9. — With two
additional film and vaudeville theatres,
having receipts of $775,000, reporting
following the conclusion of its survey
of service industries, the U. S. Census
Bureau last night announced that its
investigation had disclosed a total of
10,265 theatres throughout the United
States with receipts in 1933 of
$415,153,000.
The bureau's final report, which
gives totals for the nation only, tallies
(Continued on page 7)
Mooney Gets B. & D.
Selling Job Here
By BRUCE ALLAN
London, Dec. 9. — Paul C. Mooney
is aboard the Paris, New York-bound,
to assume sales promotion in America
for British and Dominion Pictures,
the Herbert Wilcox company.
Mooney originally was a Cleveland
newspaper man who later became
branch manager for Fox in that city.
Later, and for some time, he was sales
manager for Louis B. Mayer and
subsequently a vice-president of Pro-
ducers' Distributing Corp,
MOTION PICTURE
DAILY
Monday, December 10, 1934
MOTION PICTURE
DAILY
(Registered U. S. Patent Office)
Vol. 36 December 10, 1934 No. 136
Martin Quigley
Editor-in-Chief and Publisher
MAURICE KANN
Editor
JAMES A. CRON
Advertising Manager
0
Published daily except Sunday and holi-
days by Motion Picture Daily, Inc., sub-
sidiary of Quigley Publications, Inc.,
Martin Quigley, President; Colvin Brown,
Vice-President and Treasurer.
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Entered as second class matter, January
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City, N. Y., under Act of March 3, 1879.
Subscription rates per year: $6 in the
Americas, except Canada $15 and foreign
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Para. "Battle" Bid Out
Paramount had dropped out of the
bidding for "The Battle," now cur-
rent at the Criterion. Leon Garganoff,
French producer, had this offer in
addition to one from Fox. The latter
is still pending. The picture bows out
of the Criterion Dec. 13, and Gar-
ganoff sails for home in a few days.
To Star Glenda Farrell
Holly wood, Dec. 9. — Glenda Far-
rell gets her first starring role at
Warners in "Women Are Bum News-
paper Men." The picture will go be-
fore the camera this month with
Robert Presnell supervising.
Two by Wheeler-Woolsey
Hollywood, Dec. 9. — Bert Wheeler
and Robert Woolsey will make only
two features a year for Radio in the
future instead of three or four. They
feel they can get better results by con-
centrating on two, they say.
Radio Executives Coming
Hollywood, Dec. 9. — J. R. Mc-
Donough and Pandro Berman of
Radio were eastbound tonight for pro-
duction conferences in New York.
George Monroe Married
Lincoln, Dec. 9.— George Monroe,
Jr., who manages the Chief, Pueblo,
Col., has married Erma Long here.
Insiders' Outlook
INCLUSION of several Para-
mount executives on the board
of the reorganized company in
addition to Adolph Zukor appears
to be in the cards for a later date.
By-laws of the new company
specify that the board member-
ship is to consist of a minimum of
12 and a maximum of 16. For
the purposes of presenting the
reorganization plan to the
court and inaugurating the new
company at such time as the plan
may be confirmed by the judge,
the minimum board of 12 is being
set, of which nine have already
been named. . . .
T
The initial 12, it appears fairly
certain, will not include any other
company executive in addition to
Zukor, although one of the three
directors remaining to be chosen
may be a man with film experi-
ence. In selecting the initial
membership, the objective of the
reorganization factors has been
to dispose at the outset of the
question of creditors' representa-
tion on the board. This is offered
as the explanation why not more
than two film men stand to be in-
cluded among the initial 12. . . .
T
However, there will be four
vacancies on the board remaining
when the plan is confirmed by the
court. At that time the board will
be able to meet and elect officers
of the new company and from
among those elected at that time,
it now appears likely, several un-
doubtedly will also be named to
the board. These, in addition to
the president of the new com-
pany, would probably include a
vice-president, treasurer and sec-
retary, all of whom will be film
men, according to present indica-
tions. Such a procedure would
place four or five industry men
on a board of IS or 16 mem-
bers. . . .
WHILE it may be none of
their business, in companies
other than Paramount the direc-
tion in which the board has so far
leaned has precipitated criticism
of the Paramount reorganization
factors. Dyed-in-the-wool film
men at large fail to see how that
organization will be able to move
swiftly in a highly competitive
field unless its controlling board
includes enough personalities who
know the ins and the outs of the
industry and so can move in or
out of any given situation quickly
dependent upon the dominating
circumstances. This column, at
the risk of tiring you. this morn-
ing again doubles back on ground
several times covered and takes
upon itself the repetition of well-
meant and, it is convinced, sound
advice: Get more than a smat-
tering of expert film men on that
board, Paramount, or the oppo-
sition, well-schooled and well-
steeled in matters filmatic, will
mow you down. . . .
T
The production situation there
now finally comes to a head of
some sort of another in the flir-
tations between the new direc-
tors, or their representatives, and
Ben Schulberg. quondam studio
chief. That's what brings him
east for discussions which, no
doubt, will not even be officially
admitted. If Schulberg goes in,
Manny Cohen will go out. The
relations between both men are
not and have not been cordial
for some time, leading beyond all
argument to the conclusion that
Schulberg, everything else being
equal, will not consent to the fir-
ing of any of the shots if Cohen
returns the same privilege. . . .
T
Note to the opponents of
double features, meaning distrib-
utors principally: In England,
Loew's Leads Trading on Big Board
Net
Columbia Pictures, vtc.
Fox Film "A"
Loew's, Inc..
RKO
Warner Bros..
Warner Bros.
pfd.
High
Low
Close
Change
Sales
39M
395*
3954
400
m ■
m
100
185*
185*
185*
- 5*
600
112
nm
112
- 54
300
14354
14354
14354
+154
20
13J4
135*
135*
- 5*
500
365*
365*
3654
+ 5*
13,400
10454
10454
10454
- V*
100
354
35*
35*
700
1454
1454
14^
+ H
100
25*
2
2
- 5*
- 5*
3,000
m
434
m
1,400
23
23
23
- 5*
10
Technicolor Rises Eighth on Curb
Technicolor
Net
High Low Close Change
■ 135* 135* 135* + 5*
Sales
100
Paramount F. L. Bonds Up One
Keith, B. F. 6s '46.
Paramount F. L. 6s '47
Paramount Publix 5%s '50.
Warner Bros. 6s '39, wd.
Net
High
Low
Close
Change
Sales
65
65
65
+ 54
5
10454
104J4
104J4
1
44
4354
4354
— 54
10
62
62
62
+1
5
61 54
6154
6154
2
9954
995*
995*
-%
2
6054
60
6054
27
distributors who are members of
the Kinematograph Renters' So-
ciety rule off those exhibitors
who permit their shows to run
more than three hours and a
quarter. That's another way of
saying their service is eliminated.
The decision developed after a
deputation of theatremen, repre-
senting the Cinematograph Ex-
hibitors' Ass'n., had finished their
conferring with the K. R. S.
Here, all you get is a mixture of
talk, threats, hot air and inac-
tion. Also, something beyond a
suggestion of short-sighted com-
petition tapering off into the
double cross. . . .
▼
Impressions often are influ-
enced in the approach. Thus,
while David Sarnoff denies hav-
ing told radio dealers television
would be on the market by the
end of the year and remains faith-
ful to his earlier statements which
foretold the invention, but no date
for it, read what he had to say
before the New York University
College of Fine Arts the other
evening :
"Listeners will be able to
watch the performance of the
opera they are hearing. A play
on Broadway may be seen by
an audience in Arizona."
Sounds as if the promised land
is around the corner, the Sarnoff
enthusiasm being further height-
ened by :
"If we let our imagination
plunge ahead we may also
dream of television in faithful
colors. I believe that dream
will come true one day, and
when it does, every home
equipped for reception can at
certain times become an art
gallery."
If that isn't dangling the bait,
what is? . . .
T
An idle couple of hours the
other evening became worthwhile
hours through a drop-in visit at
the Criterion to catch "The Bat-
tle" belatedly. Powerful enter-
tainment is this French picture
produced by Leon Garganoff
and highlighted by the perform-
ance superb of Charles Boyer as
the fanatically and fatalistically
patriotic Japanese naval officer.
Nicolas Farkas' direction is ex-
cellent, his sense of the dramatic
accurate and convincing and
Merle Oberon, lovely and compe-
tent at one and the same time.
Which is something. There's a
pretty good name credited for the
dialogue, too. It's Robert Stev-
enson. . . .
KANN
James J. McGrath Dead
Providence, Dec. 9. — Theatre men
here mourn the passing of James J.
McGrath, for 30 years employed by
the Keith and Albee theatrical inter-
ests throughout the country as a
specialist in scenic settings. He was
64 years old. At various times Mc-
Grath was employed by such stars as
E. H. Sothern to join companies on
road trips.
THE BOA T
HASN'T SAILED
•k k k Vik Dripping with
wisecracks . . . boasting the
best characterizations seen
in many a day . . . succeeded
in packing the house.
— Doily News
Comedy of low and high
order along with intrigue,
mystery, romance and melo-
drama . . . rates as good en
tertainment . . . incisive
direction. —The Post
There's still
ime to book this
ewis Milestone
hit for
ie holiday season
nd bring a tidal
rave of business
> your box-office!
Takes you ior
joy ride . . . sev
eral exceptiona
performances.
— Rklyn. Times -Un'toi
Grand entertainment .
delightful yarn . . . expertly
directed . . . dialogue is hi
larious . . . expertly played
by a large and amusing
cast- —The Journal
Cash customers will love the
punch -packed entertainment
in latest Columbia gem ... by
all means take the cruise
aboard Connolly's good ship.
— The American
HELD OVER
FOR 2ND WEEK
N . Y. R I A LT O
UATCC 4L» CCA
LEWIS MILESTONE Production — with VICTOR McLAGLEN JOHN GILBERT
ISON SKIPWORTH WYNNE GIBSON HELEN VINSON WALTER CONNOLLY
ED KEATING LEON ERROL WALTER CATLETT TALA BIRELL
MOTION PICTURE
DAILY
November Grosses Show
Only Light Fluctuations
(Continued from page 1) what behind those recorded in the
$1,305,450, but both totals run some- I first two weeks of the month.
Comparative
grosses for the
latest available periods :
Week Ending
Theatres
Grosses
Sept. 27-28
132
$1,419,815
Oct. 4-5
132
1,412,844
Oct. 11-12
132
1,344,137
Oct. 18-19
131
1,385,533
Oct. 25-26
133
1,386,935
Nov. 1-2
135
1,288,992
Nov. 8-9
134
1,386,736
Nov. 15-16
133
1,389,743
Nov. 22-23
136
1,305,450
Nov. 29-30
137
1,369,576
weekly totals :
Week Endinq
Week Ending
Nov. 29-30
Nov.
22-23
Theatres
Gross
Theatres
Gross
Boston
6
113,500
6
108,500
Buffalo
5
50,700
5
47,700
Chicago
8
129,800
8
104,200
Cleveland
6
41,900
5
43,100
Denver
16,000
5
29,500
Detroit
6
74,900
6
69,200
Indianapolis . .
5
25,250
5
24,250
Kansas City
5
36,700
5
43,100
Los Angeles . .
9
68,950
9
80,450
Minneapolis
6
24,400
6
23.000
Montreal
5
44,000
5
46.000
New York ....
9
264,989
9
238,750
Oklahoma City
4
14,087
4
12,300
Omaha
4
22,800
4
24,200
Philadelphia
9
80,900
8
73,100
Pittsburgh
6
52,950
6
64,000
Portland
7
35,600
7
30.400
Providence
6
48,600
6
40,200
San Francisco
7
87,000
7
76.000
St. Paul
6
21,500
4
20.700
Seattle
7
37,450
7
35,100
Washington
6
77,600
6
71,700
137
$1,369,576
136
$1,305,450
(Copyright, 1934, Quigley Publishing Co., Inc.)
6
Stalemate On
Zoning May Be
Ended Shortly
(Continued from page 1)
to settle the pegging of prices. Penal-
ties, in the form of setting releases
back seven days for each five cents cut,
would be imposed on downtown first
runs as well as in the neighborhoods.
The plan, broached at the last ses-
sion, was put over for discussion until
Thursday, when S. R. Kent will act
as chairman. It is believed the only
solution to the Kansas City schedule
will be to include penalties for all
theatres not pegging prices.
The New Haven plan, discussed in
brief last week, was referred to the
appeal committee which originally
heard it and recommended revisions.
The revisions have been made and now
the committee, presided over by
George J. Schaefer, will make a report
to Code Authority on the revised
schedule. It is expected that Campi
will approve the report.
In all schedules which get the offi-
cial nod, the right of the distributor
to sell protection to any run will be
included.
Also scheduled for this week's
Campi session is the controversy in
Chicago over the releasing system set
up by exchanges. While in most sec-
tions of the country the 14-day release
period starts according to dates set
by downtown first runs, independents
from the Windy City maintain that
exchanges are varying this rule and
spotting releases after first run neigh-
borhood dates, thereby confusing ex-
hibitors who wish to act within the
two-week period on cancellations.
Aaron Saperstein and Jack Miller
were in town last week and discussed
the situation briefly. While John C.
Flinn clarified the releasing system,
he promised to take it up with Campi
at its next meeting for official action.
J. L. & S. to Sue on
McVickers Product
(Continued from page 1)
comprised two Shakespearean per-
formances rendered before and after
the feature picture by the Globe Play-
ers who held the stage at the "Merrie
England" village at the World's Fair.
The feature was "Jane Eyre."
The McVickers is owned by J. L.
& S., but in recent years it has been
leased by Paramount. Several months
ago, in an effort to stave off declining
receipts, Publix vested complete man-
agement of the house with B. & K.,
the thought being that complete local
autonomy might prove beneficial. How-
ever, the house went dark the last
week in July and has remained so
until reversion to J. L. & S. last week.
Work Is Started on
Mexico City House
By JAMES LOCKHART
Mexico City, Dec. 9. — Construction
has been started on a new 3,000-seat
de luxe house which, it is estimated,
will cost $500,000. It will have modern
equipment, including air conditioning,
and probably will be ready in eight
months. It will be the 62nd film house
in the Federal District.
Sound Parts to Be
Used in Tax Ruling
(Continued from page 1)
was stated on Saturday following a
meeting of the organization.
This procedure was described as
costly and time-consuming by the as-
sociation, but was said to be the only
method followed by the Internal Rev-
enue Dept. in granting tax exemp-
tions under Section 607 of the Reve-
nue Act of 1932. The organization's
statement said that it had learned that
Erpi had followed this procedure in
1932 and on the strength of "an oral
opinion of an agent of the department
they considered their products tax ex-
empt."
Yates on Coast to
Start Record Plant
Hollywood, Dec. 9. — Herbert J.
Yates arrived from New York today
for the second time in several months,
this trip having to do with establish-
ment of a phonograph record factory
in Los Angeles to serve the country
from Denver west. Ralph D. Poucher,
Consolidated executive, accompanied
Yates.
Also on the Chief were Robert H.
Cochrane and Willard McKay of
Universal.
Ohio's 3% Tax Idea
Liked by Exhibitors
Columbus, Dec. 9. — Ohio exhibi-
tors generally are well pleased with
the prospects of early enactment of
a three per cent sales tax, as passed
by the Senate last week, especially
since the existing 10 per cent admis-
sion impost is to be repealed, and a
flat three per cent levied on gross
admissions, thus removing the neces-
sity of affixing tax stamps to tickets.
The repeal of the present 10 per
cent tax, and the method of collecting
the sales tax, are covered by a Sena-
torial amendment in which the House
is expected to concur when the mea-
sure is returned to that branch.
Carolina MPTO Meet
Begun at Charlotte
(Continued from page 1)
the Carolinas, clearance and zoning,
and gift nights. Ed Kuykendall,
M.P.T.O.A. president; Edward Levy,
counsel for the national association,
and others prominent in the exhibition
field are leading the discussions on
these and other subjects.
At the invitation of the program
committee, headed by Roy Smart of
High Point, N. C„ Terry Ramsave
editor of Motion Picture Herald
tomorrow^ will address the convention
on "Hearing from the Customers."
Monday, December 10, 193*
Early Ending
Of Oil Shows
Is Predicted
(Continued from page 1)
ago and played to capacity nouses at
New Haven, Concord, N. H. ; Provi-
dence and Boston, with a driver's
license or certificate of ownership the
only admission requisite. The current
eastern tour was to have continued for
another month and then resume in the
south and the west. In early meeting-
between industry representatives and
Standard Oil officials in protest
against the free show tour Warners
volunteered to assume the oil com-
pany's talent contracts when those
commitments were advanced by Stan-
dard as a reason for its inability to
call off the exploitation stunt.
Providence, Dec. 9. — Standard Oil's
free touring show with Guy Lombardo
and other acts played to capacity at
the Metropolitan here despite absence
of local newspaper cooperation and
little advance ballyhoo except by radio.
The troupe goes from here to Boston.
Warners Deny Plan
To Make Equipment
(Continued from page 1)
including one in the Grand Opera
House, Wilmington, for test purposes.
The theatre reproducer is far from
ready for practical installation, it is
asserted by Warner officials, but ex-
periments are being carried out by a
skeleton force of about seven people
working in the Long Island City plant.
Expect Skouras-FWC
Contract This Week
(Continued from page 1)
the month or the first week in Janu-
ary. He will be on the scene during
the first weeks of the adoption of the
reorganized plans.
Hearing in Los Angeles on the ap-
peal of Harry L. Hartman and Mar-
shall Square Theatres on a claim of
$3,750,000 alleged damages for as-
serted monopoly in San Diego and;
San Francisco will not hold up reor-
ganization, it is stated. Date for the
hearing will be set within the next
few days.
S. R. Kent, who returned from Eng-
land last Tuesday, stated the Skou-
rases will continue operation of Fox
West Coast. He said he did not know 1
of a 10-year contract. Kent also leaves
for the coast the early part of Janu-
ary to confer with Winfield Sheehan
on production. In addition, he will.1
give the National Theatre setup an-
examination.
Los Angeles, Dec. 9. — Fox West
Coast reorganization developments are
dormant until Wednesday.
Gillham to Coast
Robert Gillham, Paramount adver-
tising and publicity head, left for
Hollywood by air Saturday night. He
will limit his stay on the coast to 10
days.
Get Buffalo Franchise
The World Wide franchise for Buf-
falo has been awarded to Hollywood
Pictures. This also includes Albany
londay, December 10, 1934
MOTION PICTURE
DAILY
tKO Plan Awaits
Dourt Claims Action
(Continued from page 1)
plan for removing Orpheum from
ankruptcv will also speed completion
t an RKO plan.
Former Judge Thomas D. Thacher,
ho was appointed special master to
ear claims filed against RKO, con-
iuded the rearings months ago, but
p to now has made no report to the
ederal District court on the expung-
ig, reduction or allowing of claims.
: is expected that Thacher's report
ill be submitted within the next few
eeks and will be a complete report
ii all claims filed.
About $38,000,000 in claims were
led against RKO, including a Rocke-
>ller Center claim for $15,000,000 for
;nt defaults on Radio City theatres
nd office space and a lease provision
verifying that RKO would pay con-
xuction costs of the theatres in the
i-ent of a rent default. It is expected
lat this claim will be drastically re-
uced bv the court. Other claims for
;nt and lease guarantees aggregated
17,400,000 and many of these are also
<pected to undergo appreciable re-
actions and eliminations. General
aims aggregated $5,885,143.
Orpheum's unsecured claims were
sted at $13,714,707, of which $11,-
S9.826 was for rent and lease guaran-
;es: $2,172,240, for bonds; $400,000
i inter-company loans, and $3,500,239
i cash and interest to Keith-Albee-
)rpheum, the principal creditor. Or-
heum was a holding company for
bout 27 subsidiary theatre operating
orporations, many of which have now
een abandoned. It is expected that
le Orpheum reorganization plan will
.irther reduce the theatre holdings
nolved.
Schulberg May Return
As Para. Studio Head
(Continued from page 1)
view of the present court status of
Paramount Publix. The nine direc-
tors so far named on the new board
are officially without power to trans-
act any business on behalf of the
about-to-be-reorganized corporation,
pending a public hearing of the re-
organization plan on Dec. 27 and its
approval by the court. In the mean-
time, the trustees — Charles E. Rich-
ardson, Eugene W. Leake and Charles
D. Hilles— will continue to run the
company's affairs.
Important interests identified with
the Paramount reorganization have
been checking into the pr iduction situ-
ation with extreme care. In pursuing
hat procedure, reports reaching them
on Schulberg have been described as
"glowing," it is learned very reliably,
and great compliment has been paid to
his personality and ability as a pro-
ducer.
While probably nothing of an official
character can be consummated with
Schulberg until Paramount is cleared
of the bankruptcy courts and so turned
over to its partially formed directorate
to manage, there appears to be no
reason why arrangements looking to-
ward discussion of his return to the
production helm, in place of Emanuel
Cohen, cannot proceed in the mean-
time.
Kansas City, Dec. 9. — Howard
Spellman, former story editor for
Radio, said he will be B. P. Schul-
berg's assistant if the latter takes over
Paramount production. He made this
statement as he passed through here,
bound for New York.
"You may say it is significant that
I am going east with Schulberg and
very likely will be with him in his
future activities," Spellman told a
Motion Picture Daily reporter.
Add Two Vaudefilm
Houses to Census
Zirn to Call Para.
Committee Members
In line with his announced intention
j oppose the Paramount plan of re-
rganization Samuel Zirn, counsel for
small group of creditors, said Satur-
ay that he would subpoena members
f the various protective committees,
heir counsel and members of the
oard of the new company for the
reditors' hearing on the plan, Dec.
7, before Federal Judge Alfred C
loxe.
Among those for whom Zirn said he
vould seek subpoenas are Percy H.
rohnston and H. P. Howell of the
tank creditors' committee, and their
:ounsel, Morton G. Bogue ; Frank A.
i'anderlip, Dr. Julius Klein, Duncan
j. Harris and Lawrence Stern of the
lebenture holders' committee, and
heir counsel, Davis, Polk, Wardwell.
Sardiner & Reed; Duncan A. Holmes,
jerald Brooks and Maurice Newton
)f the stockholders' committee, and
heir counsel, Alfred Cook.
Cheese Club Gets Talent
Guests at the weekly Cheese Club
uncheon at the Friars' Club today
ail] be : Dr. Henry Moskowitz, execu-
:ive director of the N. Y. League of
Theatres ; Capt. George Fried. Police
commissioner Louis J. Valentine, Ar-
thur Brisbane, George Jessel and
Tames Cagney.
Bishop Hits Adult
Listings for Films
Scranton, Dec. 9. — Opposition to a
White list or "any list of pictures that
are classed as dangerous to children,
but not for their experienced parents,"
is voiced in a letter which Bishop
Thomas C. O'Reilly sent to the priests
of the Scranton Roman Catholic dio-
cese.
The diocese covers an area of ap-
proximately 8,000 square miles in
northeastern Pennsylvania and in-
cludes the cities of Scranton, Carbon-
dale, Wilkes-Barre, Hazleton, Pitts-
ton and Williamsport. The Catholic
population in the diocese is estimated
conservatively at 300,000.
Two Ties in Election
Two tie votes marked the election
of officers for International Photog
raphers' Local 644. Lawrence Wil-
liams and William Miller tied for
president and E. Hyland and Jack
Etra tied for members of the executive
board. These ties will be settled at
a special election Jan. 8.
Officers named were : Vice-presi-
dent, U. K. Whipple ; treasurer, Frank
G. Kirby; secretary, John Geisel ;
business representative, O. B. John-
son; sergeant-at-arms, Frank Landi ;
trustee, Tom Hogan ; executive board,
William Miller, Charles Downs,
Charles Gilson, Frank Zucker, Fred
Fordham. J. T. Baltzell. Jeff Kizis.
Herman Lutz, Dan Cavelli and Walter
Nase.
Neilan on U. K. Deal
London, Dec. 9. — Marshall Neilan
is here from New York discussing a
production deal.
Stebbins Sues on Pact
Los Angeles, Dec. 9. — Arthur
Stebbins has filed suit in Superior
Court here against Berg, Stebbins,
Allenberg and Blum, Inc., over a
branch employment contract said to
aggregate $175,000, prorated at $500
weekly. Stebbins charges the agree
ment was unduly dismissed. It is
understood another suit over his stock
in the corporation, of which he was a
member, will follow.
Stebbins says he does not plan to
re-enter the agency business as re-
ported, but will return to the insurance
field.
Film Players Elope
Hollywood, Dec. 9. — Evelyn Laye
and Evelyn Venable have returned
from Yuma, Ariz., the. brides of
Frank Lawton and Hal Mohr, respec-
tively, after eloping.
(.Continued from page 1)
with the tabulation made by the Mo-
tion Picture Daily of 9,499 film
houses with receipts of $356,316,000,
and 122 legitimate theatres with re-
ceipts of $8,611,000. The report on
film and vaudeville houses shows 644
theatres with receipts of $50,226,000,
compared with the original estimate
of 642 theatres with receipts of
$49,451,000.
Fifteen cents out of every dollar
spent by the public for services, in
which category more than 200 kinds
of business are grouped, went into
box-office tills, the bureau showed. By
classes, the film houses received 12.91
cents, the film and vaudeville houses
1.82 cents and the legitimate theatres
.31 cent.
The 9,499 film theatres were oper-
ated by 8,024 proprietors, and had an
aggregate payroll for 1933 of $71,451,-
000, of which $67,009,000 went to full-
time employes, who averaged 54,030,
and $4,442,000 to part-time workers,
averaging 11,698.
The 644 film and vaudeville theatres
were run by 191 proprietors, and had
an average of 7,924 full-time employes
receiving $10,053,000 and 711 part-
time receiving $252,000, the total pay-
roll for this branch being $10,305,000.
The 122 legitimate theatres had 69
proprietors and a payroll of $3,666,000,
of which $3,457,000 went to 1,182 full-
time and $209,000 to 448 part-time.
The Leading
Motioh^[
Picture
Industry
MOTION PICTURE
DAILY
Alert,
Intelligent
the
in All
Branches
OL. 3t
>. NO. 137
NEW YORK, TUESDAY, DECEMBER 11, 1934
TEN CENTS
FWC Parleys
End; Skouras
Pact Closer
Expect Operating Deal
Signed Shortly
Conferences relating to the opera-
ion of Fox West Coast under reor-
;anization plans ended late yester-
ay when Spyros and Charles Skour-
s met with Chase National and Fox
ttkials at the Fox home office. De-
ails of the joint 10-year contract
>etween the Skouras brothers and
Cational Theatres were straightened
iut and contracts are slated to be
igned within the next few days.
The operating pact provides for a
lat salary and a percentage of the
irofits. Charles Skouras and Ed-
ward Zabel are scheduled to leave
or the coast the end of the week and
(Continued on page 7)
Reade Will Reopen
Astor with "Babes"
Walter Reade will reopen the Astor
□morrow night with "Babes in Toy-
and" at popular prices, making the
econd first run for Reade on Broad-
way. He also has the Mayfair.
Reade and Nicholas M. Schenck
greed late last week to cancel the
0-year lease M-G-M held, the under-
(Continued on page 6)
California's
Solons Worry
For Industry
EPIC Assemblymen Are
27; They're Active
San Francisco, Dec. 10. — Heads of
the theatre industry here are warily
watching maneuvers of clashing po-
litical forces, many of which are
drawing their battle lines in the north
preparatory to the convening of the
new California legislature Jan. 7.
Upton Sinclair was defeated for
governor, but his famous EPIC plan
gave him nearly 900,000 votes for the
governorship, 250,000 behind the suc-
cessful incumbent, Frank F. Merriam.
It also elected 27 EPIC assemblymen
and tied strings to some 11 more state
{Continued on page 6)
It's Col. Rubinoff
Cincinnati, Dec. 10. — The
latest additions to the ever-
growing list of Kentucky
colonels include Dave Rubi-
noff, who came here to act as
guest conductor of the Cin-
cinnati Symphony Orchestra,
and Theodore Hahn, local mu-
sician, conductor of a 15-piece
stage orchestra at the Or-
pheum, suburban.
The credentials were pre-
sented to both men on the
Orpheum stage.
Operators' Basic
Scale to Be Fixed
With arrival tomorrow of Compli-
ance Director Sol A. Rosenblatt
from Washington for conferences
with the NRA fact finding commit-
(Continued on page 7)
Texans Lose Protection
Suit by Dallas Decision
Dallas, Dec. 10. — R. Z. Glass to-
day lost his suit for an injunction to
prevent price-fixing and alleged
monopoly against Karl Hoblitzelle,
Interstate Circuit, Inc. ; R. J. O'Don-
nell, Southern Enterprises, Inc. ;
Paschall-Texas Theatres, Inc., and
Dent Theatres, Inc.
Judge W. M. Taylor in the 14th
District Court ruled that protection
on Class A product for major first
(Continued on page 8)
Circuits Take
Over Standard
Oil Schedule
Will Book Acts as Part
Of Regular Shows
Standard Oil of New Jersey con-
cludes its free show exploitation stunt
as of today under an agreement
reached with circuit representatives
and M.P.P.D.A. officials by which,
RKO, Warner, Loew's and Paramount
theatres assume the contracts for
talent entered into by Standard Oil
and book the acts as added attrac-
tions on play dates and in cities cor-
responding to the original itinerary
mapped out by the oil company.
Standard Oil's free, touring show,
headed by Guy Lombardo and his or-
chestra, was billed by the company
as "The Esso Marketers," but that
designation will be dropped immedi-
ately, with the cast going into the cir-
cuits' houses at regular admissions and
(Continued on page 6)
Quick Trial Asked
On Cleveland Duals
Cleveland, Dec. 10. — An immediate
trial is to be asked for the injunction
suit filed by Max Lefkowich of the
University against the Alhambra
(Continued on page 7)
"Improved Position on All Fronts*' Is Foreseen by
! Hays for 1935; Kent Finds "Misgivings" Fewer
By WILL H. HAYS
President. M. P. P. D. A.
From all signs the industry ad-
ances into the new year with an im-
proved position
on all fronts.
Theatre a t-
ten dance has
been on an up-
ward curve.
Product has
held up to early
expectations.
The public re-
sponse to better
pictures, organ-
ized through
many sources,
has been grati-
fying. Business
progress and
food management brings near the
(Continued on page 2)
By SIDNEY R. KENT
President, Fox Film
The industry today is facing the
future with fewer misgivings than at
any time in the
last four years.
Having put its
house in better
order, both fi-
nancially and
artistically, the
industry now is
devoting its en-
tire energy to
the work of
producing en-
tertainment
which always
has been the
primary objec-
tive.
When it strayed away from this
(Continued on page 2)
By DARRYL F. ZANUCK
Vice-President, 20th Century
Hollywood, Dec. 10. — In entering
1935 the industry finds itself in a posi-
tion quite differ-
ent from preced-
ing years, in
that it knows
what it wants
and where it is
going.
Last year was
notable in that
production
started a trend
away from mass
production to-
ward the con-
centration b y
producers on a
more limited out-
put. In other words, they have begun
(Continued on page 2)
By W. RAY JOHNSTON
President, Monogram
A recent trip over the United States,
visiting most of the key cities of the
country and
talking with
hundreds of ex-
hibitors, leads
me to believe
that we may ex-
pect a real step
forward in the
industry during
1935. Our own
experience a s
distributors in-
dicates that this
movement is
well under way,
our sales for the
first five months
of the current season being 81 per cent
(Continued on page 2)
MOTION PICTURE
DAILY
Tuesday, December II, 193
MOTION PICTURE
DAILY
(Registered U. S. Patent Office)
Vol. 36 December 11, 1934 No. 137
Martin Quigley
Editor-in-Chief and Publisher
MAURICE KANN
Editor
JAMES A. CRON
Advertising Manager
Published daily except Sunday and holi-
days by Motion Picture Daily, Inc., sub-
sidiary of Quigley Publications, Inc.,
Martin Quigley, President; Colvin Brown,
Vice-President and Treasurer.
Publication Office: 1790 Broadway, New
York. Telephone Circle 7-3100. Cable ad-
dress "Quigpubco, New York." All con-
tents copyrighted 1934 by Motion Picture
Daily, Inc. Address all correspondence to
the New York Office. Other Quigley pub-
lications: MOTION PICTURE HERALD,
BETTER THEATRES, THE MOTION
PICTURE ALMANAC and THE CHI-
CAGOAN.
Hollywood Bureau: Postal Union Life
Building, Vine and Yucca Streets, Victor
M. Shapiro, Manager; Chicago Bureau: 407
South Dearborn Street, Edwin S. Clif-
ford, Manager; London Bureau: Remo
House, 310 Regent St., London, W. 1,
Bruce Allan, Representative. Cable address:
"Ouigpubco, London"; Berlin Bureau:
Berlin - Tempelhof , Kaiserin - Augustastrasse
28, Joachim K. Rutenberg, Representative;
Paris Bureau: 19, Rue de la Cour-des-
Noues, Pierre Autre, Representative; Rome
Bureau: Viale Gorizia, Vittorio Malpassuti,
Representative; Sydney Bureau: 102 Sus-
sex Street, Cliff Holt, Representative; Mex-
ico City Bureau: Apartado 269, James
Lockhart, Representative; Glasgow Bureau:
86 Dundrennan Road, G. Holmes, Repre-
sentative; Budapest Bureau: 3, Kaplar-u,
Budapest, II, Endre Hevesi, Representa-
tive; Moscow Bureau: Civtzev Vrazhek,
N. 25, Apart. 146, Moscow, U. S. S. R.,
Bella Kashin, Representative. Cable ad-
dress: "Samrod, Moscow."
Entered as second class matter, January
4 1926, at the Post Office at New York
City, N. Y., under Act of March 3, 1879.
Subscription rates per year: $6 in the
Americas, except Canada $15 and foreign
$12. Single copies: 10 cents.
Set Staten Island Pool
Contracts have been signed within
the last few days between Harry
Shi ff man and Paramount officials af-
firming the temporary pooling deal
on Staten Island. On Sept. 1, Shiff-
man pooled his seven theatres with
the Paramount, St. George, on a 10-
year arrangement, but the contracts
were not signed until late last week.
Harry C. Arthur Back
Harry C. Arthur of F. & M. re-
turned from St. Louis yesterday after
installing stage shows at the Ambas-
sador. No changes of prices have been
made with addition of presentations,
the 25-35-55 cents scale being main-
tained as heretofore.
Weiser in Newark Park
Newark, Dec. 10. — Murray Weis-
er is managing the Park for J. Louis
Geller. He was formerly identified
with several independent circuits in
New York.
"Gambling" Gets $7,900
"Gambling" at the Mayfair last
week garnered $7,900 and was suc-
ceeded last night by "Hell in the
Heavens."
Schenck Returns Soon
Nicholas M. Schenck, president of
Loew's and M-G-M, is due to return
from the coast the end of the week.
Hays, Kent, Johnston and
Zanuck Cheery Over '35
By WILL H. HAYS
{Continued from page 1)
permanent reorganization of leading
factors now operating under receiver-
ship.
The steady growth of self-regula-
tion in the industry is attested by pop-
ular reaction to pictures that meet the
strictest provisions of our Production
Code.
The trade relations of the industry
have been improved by the machinery
set up for the orderly solution of
trade problems and trade disputes.
Higher standards of public accept-
ance have made possible the success
of pictures based on themes and treat-
ments hitherto considered outside the
field of popular entertainment.
Early production plans for the new
year indicate a progressively higher
standard of entertainment appeal.
I have faith in the progressively
higher public appreciation of the finest
type of pictures.
Eternal vigilance is an essential ele-
ment in this as in all other progress.
The industry is judged by its mistakes
as well as by its achievements. The
sincerity of our uurpose is reflected
from the screen, and only on the
screen is our answer to the constant
challenge to a higher service and a
greater success.
By W. RAY JOHNSTON
(Continued from page 1)
ahead of last year on an equal number
of pictures. The large sums of money
being expended by the government in
relief work of various natures has put
more money into the hands of people
and therefore has increased the num-
ber of people attending the theatres.
One of the big problems to be
straightened out before the industry
can feel secure in making too exten-
sive plans for 1935-36 is the adjust-
ment of the patent situation.
The Legion of Decency campaign
has undoubtedly done much to im-
prove the moral tone of pictures which,
in turn, has improved the grosses at
the box-office.
By DARRYL F. ZANUCK
(Continued from pane 1)
to realize that pictures must be
"made" rather than merely "turned
out."
The coming year will see this trend
carried toward its logical conclusion.
The mass system will bog down fur-
ther and individual production will be
carried nearer to perfection. At 20th
Century we have completely converted
our organization to this production
system, and in the coming year will be
in a better position than ever toward
building individual productions.
When bigger pictures are made box-
office returns naturally rise. In pre-
dicting more big pictures, therefore, I
feel justified in foreseeing bigger
grosses for the coming year.
I am confident that economic condi-
tions for the country as a whole will
improve in 1935, which will also make
for better returns from films.
For those reasons the industry can.
in my sincerest opinion, look forward
to 1935 as a year of progress along a
path that is definitely marked.
By SIDNEY R. KENT
(Continued from page 1)
point of view and lost sight of the
rightful demands of the public for
high grade entertainment, theatre
grosses suffered, which in turn af-
fected production.
If general conditions improve we
shall make steady progress forward,
and 1935 should be a good year.
Al Suchman Returns
Al Suchman, booker for Consoli-
dated, returned to his desk yesterday
after an attack of the flu which kept
him in bed for 10 days. He is still
weak, but much improved.
Skouras Managers Meet
Long Island managers of the
Skouras circuit yesterday held their
regular weekly meeting at the home
office and discussed bookings for the
holidays.
Issues Fairly Steady on Big Board
High Low Close
Columbia Pictures, vtc 3834 3954 39J4
Consolidated Film Industries 454 4% 4%
Consolidated Film Industries, pfd 18% 1854 1854
Eastman Kodak 11254 11154 11254
Eastman Kodak, pfd 14254. 14254 14254
Fox Film "A" 13% 1354 13%
Loew's, Inc 36J4 3654 3654
Loew's. Inc.. pfd 10454 10454 10454
Paramount Publix 354 2% 3%
Pathe Exchange 154 1 1%
Pathe Exchange "A" 14 13% 14
RKO 254 2 2
Warner Bros 4% 434 434
Warner Bros., pfd 2354 2234 23
Net
Change
- 54
- 54
+ Vs
+ 54
- 54
+ 54
+ 54
- 54
Technicolor Up Eighth on Curb
Technicolor
Net
High Low Close Change
. 1334 13% 1334 + %
RKO Bonds Drop 2J/2 Points
General Theatre Equipment 6s '40
General Theatre Equipment 6s '40, ctf.
Loew's 6s '41, ww deb rights
Paramount Broadway 554s '51
Paramount F. L. 6s '47
Paramount Publix 554s '50
RKO 6s '41, pp
Warner Bros. 6s '39, wd
High
. 9%
. 834
.1045^
Low Close
62
62
34
60%
834
10454
4334
62
62
34
60
834
10434
4334
62
62
34
6054
Net
Change
- %
+ 54
+ 54
+ 54
—254
-54
Sales
300
400
1,100
1.100
1.000
900
9,800
200
13,400
600
200
2.700
2.700
6.000
Sales
200
Sales
20
1
9
13
5
5
1
11
No Estimate Given
U pon Film Pledge
No accurate number of Catholic
in Greater New York who took t':|
Legion of Decency pledge at maj
Sunday could be given yesterday
the cardinal's office. It was said th?
it would be several days before su'j
a statement could be given out.
At St. Patrick's Cathedral, howeve
it was estimated that some 12,000 pe
sons attended services Sunday at
bound themselves to the pledge.
At many churches, on the oth
hand, the parishioners were give
written pledges and asked to sign the
during the week, returning them
the church next Sunday.
Throughout the country a simil
program was launched from pulpi
in an effort to band together Zi
000,000 Catholics in a permanent o
ganization to campaign for clean filri
Seating Co. Net at
$95,579, 9 Month
The American Seating Co.'s repo
for the nine months ended Sept.
showed a consolidated profit of $"
579 after depreciation, interest ai
other charges, but before Federal i
come taxes. The report for the co
responding neriod last year showed
loss of $64,143.
For the quarter ending Sept. 3D t
report showed a profit, based on s
and nine months' reports, of $216,3
before taxes, against a net loss
$39,474 in the preceding quarter ai
a profit of $184,604 before taxes
the third quarter of 1933.
M'Naughtons Found Dei
Circuit men yesterday were shock
by news of the death of Willard
MacNaughton and his wife, who we
found dead at their home in Hem
stead, L. I. MacXaughton was ma
ager of Skouras' Hempstead theati
Four gas jets were found open wh
the bodies were found by the polic
indicating suicide. Mrs. MacNaug
ton had been ill for some time.
Albert Shultz Buried
Staunton, Va., Dec. 10. — Funei
services were held yesterday for
bert Shultz, pioneer exhibitor, w
died Friday. His widow, a son a
a sister survive.
Snaper in Allied Charg
Dave Snaper will preside today
the meeting of Allied of N. J. S
ney Samuelson is in New Orl
for the Allied directors' meeting
Sloane on Way East
Hollywood, Dec. 10- — Paul Sloa
director, is en route to New York
business.
GRAND OPENING TONIGHT
3lark ICgnttH
1 02 West 50+h Street
MEETING PLACE OF THE INDUSTR'
where old friends meet the nev
where fragrant memories of an er
gone, come back to spend their hour
By
The Author
of
MAIN
STREET
masterpiece of American literature
N. Y. POST
tere never before was really
[ICAGO DAILY NEWS
a book like
1H: •
By
The Author
of
MAIN
sTBS5ET
* i • 1 • || II should spell hit at any box-off ice -variety d ail\
The Author
of
MAIN
STREET
I wish that I could have written
H. G. WELLS
h The Author
'. 'I, ;§v- of
MAIN
STREET
TheByhor Starring ALINE MacM AHON • GUY KIBBE1
Cof
MAIN
STREET
Directed by William Keighley. A First National Picture. Vilagraph, Inc., Distributor:
THE TREASURED CHRISTMAS GIFT
TO MILLIONS OF PATRONS OF
HUNDREDS OF KEY CITY THEATRES
r
MOTION PICTURE
DAILY
Tuesday, December II, I934
Circuits Take
Over Standard
Oil Schedule
(Continued from page 1)
with the same billing that the usual
stage attractions receive. The Stand-
ard Oil bookings taken over by the
circuits run for about 12 weeks, be-
ginning with the Schenectady engage-
ment tonight which is being taken
over by the RKO Proctor. The sub-
sequent bookings for which dates had
already been set by Standard Oil will
be assumed by the following theatres :
Dec. 12, Albany, RKO Palace; Dec. 13,
Syracuse, Loew's State; Dec. 14, Rochester,
Loew's Palace; Dec. 15, Buffalo, Para-
mount's Hippodrome and Great Lakes ; Dec.
17, Erie, Warners' Warner; Dec. 18 and 19,
Pittsburgh, Warners' Stanley and Loew's
Penn ; Dec. 20, Wheeling, Capitol (Warner-
Paramount) ; Dec. 21, Parkersburg, W. Va.,
Warners' Virginia, and Dec. 26, White
Plains' booking, to be assumed jointly by
Loew's and RKO.
The as yet undated bookings and the
circuits which will assume them are: Phila-
delphia, two nights, Warners ; Baltimore,
Warners and Loew's jointly ; Washington,
Warners, Loew's and RKO; Richmond,
Loew's; Norfolk, Loew's; Wilmington,
Warners and Loew's ; Trenton, RKO ;
Raleigh, Paramount ; Charlotte, Paramount
and Warners ; Columbia, Paramount ; Mem-
phis, Loew's and Warners ; Chattanooga,
Paramount; Little Rock, Paramount;
Shreveport, Paramount ; New Orleans, two
nights, Paramount, Loew's and RKO ; Har-
risburg, Pa., Loew's; Nashville, Paramount
and Loew's; Newark, three nights, Loew's.
RKO, Warners and Paramount.
Playing to Capacity
The Standard Oil troupe opened
Dec. 1 in New Haven and subsequent-
ly played Boston, Hartford, Concord,
Providence and Springfield. With the
bearer of a driver's license or auto-
mobile ownership certificate admitted
free, the show played to capacity at
each appearance despite the fact that
local newspapers uniformly ignored
the stunt. The tour was regarded by
exhibitors as unfair competition, in-
jurious to the established theatre and
establishing a dangerous precedent. J.
C. Donan, advertising manager of
Standard Oil of N. J., and W. H.
Snyder, assistant, represented the oil
company in the meetings with repre-
sentatives of Loew's, Warner, RKO
and Paramount at the Hays office
which resulted in the agreement.
Joint committees named last week
by Charles L. O'Reilly, chairman of
MOTION PICTURE DAILY*
HOLLYWOOD PREVIEW
"Little Minister"
(Radio)
Hollywood, Dec. 10. — This is a beautiful translation of James
Earrie's novel and play, artistically photographed by Henry Gerrard and
depicting the lives of plain folks in a small Scotland village during the
period of 1840 when religion dominated.
Good judgment was exercised in surrounding Katharine Hepburn with
a capable cast such as John Beal, a newcomer ; Alan Hale, Donald Crisp,
Lumsden Hare, Andy Clyde, Beryl Mercer, Reginald Denny and others.
Richard Wallace's direction is very effective, bringing forth splendid
characterizations without losing the thread of the story forcefully tell-
ing the trials of the young minister (Beal) who comes to the small,
religiously bigoted town with his loving mother (Miss Mercer) and
is caught in the web of romance with Miss Hepburn, notoriously sus-
pected because of her gypsy lineage. The conflict between love and the
church is well handled until the final clinch, when, to the satisfaction
oi the community, it is found that Miss Hepburn has been misjudged and
all is forgiven.
There is sincerity in which Beal and Miss Hepburn, as well as the
balance of the cast, command the appreciation of the audience because
of the delicate, tense, dramatic tempo carried throughout. There are
times when much dialogue is misunderstood because of the forced Scot-
tish accent, but this is overbalanced by forceful acting.
Strength in the cast names, with Beal matching Miss Hepburn's
stride, plus the sock quality of the well-known story, make available
exceptional interest-creating exploitation, popularizing the yarn's con-
flict between love and duty. Production Code Seal No. 480. Running
time, 110 minutes. "G."
"Limehouse Blues," last night's preview at the Rialto, was covered by wire
from Hollywood on Oct. 31.
Code Authority's committee on unfair
competition, will continue their work
in the interests of discouraging a re-
currence of the free show stunt despite
the agreement with Standard Oil.
Music Tax Up in Buffalo
Buffalo, Dec. 10. — Legislation to
regulate collection of the music tax
will be considered by the Buffalo zone,
unit of M.P.T.O., tomorrow afternoon.
A Federal commission to establish fair
and reasonable rates probably will be
sought, Jules H. Michael, chairman,
said.
Michael charged that under the
present arrangement, A.S.C.A.P. asks
individual exhibitors to sign contracts
agreeing to abide by rates to be estab-
lished later, virtually constituting a
blind contract.
Exceptionally Fine For
Holiday Bookings
Real Headline Attractions
"JACK AND THE BEANSTALK"
"ALADDIN AND WONDERFUL LAMP"
"THE QUEEN OF HEARTS"
"THE HEADLESS HORSEMAN"
"DON PUIXOTE"
CELEBRITY PRODUCTIONS, Inc., 723 7th Ave., New York City
"THE BRAVE TIN SOLDIER"
"THE LITTLE RED HEN"
"PUSS IN BOOTS"
"VALIANT TAILOR"
"JACK FROST"
Reade Will Reopen
Astor With "Babes"
(Continued from page 1)
standing being M-G-M can again
lease the theatre for individual at-
tractions when they come along. The
negotiations were closed over long
distance telephone, Schenck being in
Hollywood.
Definite scale of admissions was not
set up by late last night. Neither was
the next attraction, but it is under-
stood that some of the pictures bought
for the Mayfair will be booked into
the Astor.
Having already bought "Gambling"
and "Hell in the Heavens" from Fox
on individual contracts since cancella-
tion of a previous deal, Reade added
a third picture from this cojnpany to
the list yesterday with the dating of
"Helldorado" for the Mayfair. He
also has bought "I Sell Anything"
and "I Am a Thief" from Warners.
With the debut of the Astor, this
makes 10 popular-priced film houses
along the Main Stem, not including
the Palace, which occasionally departs
from its second run policy. The
other nine houses are the Capitol,
Strand, Roxy, Mayfair, Paramount,
Rialto, Music Hall, Criterion and
Gaiety.
Reade may give up the Astor for
legitimate shows, provided a suitable
leasing deal can be made.
May Postpone "Yale"
Hollywood, Dec. 10. — Unless a
leading woman can be found for
"Hold 'Em Yale" within a week the
picture will be assigned to another
producer, as Charles R. Rogers has
all commitments signed with actors
to start "Macfadden's Flats" Jan. 7.
California's
Solons Worry
For Industry
(.Continued from page 1)
officials who sought and accepted
EPIC support in the election.
Outstanding in the preliminary
moves are the efforts of the EPIC
forces in circulating here a petition
to the legislature demanding that 25
per cent of the $24,000,000 relief bond
issue, passed at the last election, be
utilized in a program of "production
for use," which was the main princi-
ple in Sinclair's EPIC program. If
their plan succeeds, many thousands of
unemployed Californians will be put
to work in the present unused facto-
ries, shops and farms producing and
distributing among themselves neces-
sities of life, principally food and
clothing.
Sinclair announced during the cam-
paign that he hoped his plan could
progress to the point where unem-
ployed actors, directors, technicians
and other unemployed film workers |
could take over idle plants, exchanges •
and theatres and thus produce, dis-
tribute and exhibit entertainment for
themselves, arguing that few of the
unemployed now have the money to |
buy theatre tickets.
Fear Taxes Against Industry
But what particularly concerns the
industry here is the fear that the Sin-
clair bloc which has to secure only 14
votes in the legislature to control the
new session may start a program of
taxation levied against the industry.
There is no question but that the bloc
will strenuously attempt to have en-
acted a steep state income tax. There
will also be attempts made, it is be-
lieved, to tax corporations on their
net profits, the tax to be paid in goods
and services, which idea was also em-
bodied in the EPIC plan. This would
also affect the industry.
Sinclair in the last days before the
general election suddenly started a
campaign against block booking and
"blind buying" and offered his services
to the industry heads, but was turned
down with a smack. Theatrical wise-
acres here therefore believe that block
booking and "blind buying" will be an
issue before the coming legislature.
It is recalled that Sinclair is the
author of "Upton Sinclair Presents
William Fox" and has come into pos-
session of many trade secrets and has
aligned himself with certain elements
in and recently out of the industry.
That Sinclair forces, even in de-
feat, will carry on as if the Demo-
cratic party standard bearer had been
elected, is taken for granted by those j
close to the situation.
Hulda McGinn of this city, secre-
tary-manager of the California The-
atre Ass'n., will represent the indus-'
try at the session.
Flash Reviews
'Neath Arizona Skies — . . . shoulc
satisfy audiences that go for westerr
thrillers. . . .
The Czar Wants to Sleep — .
moderately diverting production .
one of the few Soviet pictures de-
vised primarily for entertainment. . .
These films will be reviewed in full in
later issue of Motion Picture Daily.
Tuesday, December II, 1934
MOTION PICTURE
DAILY
FWC Parleys
End; Skouras
Pact Closer
Operators' Basic
Scale to Be Fixed
{Continued from page 1)
Spyros plans to leave the end of the
month.
Furthering the plan to reorganize
its subsidiaries, National Theatres
has formed new corporations for Fox
Rocky Mountain and Fox Midwest.
They will be taken out of bankruptcy
after the first of the year. Associ-
ated Amusements, Inc., has been
formed in Dover, to replace Fox
Rocky Mountain, and it is likely
Rick Ricketson will be named presi-
dent.
Fox Midcontinent is the new cor-
poration formed at Dover for Fox
Midwest. It is probable Elmer C.
Rhoden will be named president.
Frank C. Newman is head of Ever-
green States Amusement Co., which
some time ago took over the Pacific
Northwest houses.
Cincy Players Quit
Rubinoff's Concert
Cincinnati, Dec. 10. — Approxi-
mately 20 musicians of the Cincinnati
Symphony Orchestra walked out on
Rubinoff at a concert in Music Hall
Saturday night in which the radio
violinist was guest conductor. They
participated in the first part of the
concert directed by Eugene Goosens,
regular conductor, but refused to re-
turn to their posts for the second part
directed by Rubinoff.
Cause of the walkout is said to have
been the result of dissension in the
Musicians' Ass'n. over the policy of
the special concert, musical snobbery
on the part of certain musicians who
resented playing under Rubinoff's
direction, and resentment of others
over the "ballyhooing" of the concert.
(Continued from page 1)
tee, a basic wage scale for operators
in this territory will be definitely set.
It is estimated that $90,000 a week
is spent for booth operation of 516
independent and circuit houses now
open in this city. Approximately 2,-
500 men are employed in the the-
atres.
Delaware-Maryland
Zoning Up for Talk
Harrington, Del., Dec. 10. — The
zoning situation will be discussed at a
meeting of the I.M.P.O.A. of Dela-
ware and the Eastern Shore of Mary-
land here next Thursday. A. Joseph
DeFiore, manager of the Park, Wil-
mington, and president of the organi-
zation, will preside.
Exhibitors in lower Delaware and
sections of the Eastern Shore of Mary-
land believe the 10-day clearance held
by Wilmington and Washington is un-
just. They base their claim on the
fact that their sections are not in com-
petition with these two cities. Legis-
lative action at Dover, Del., and
Annapolis, Md., also will be discussed.
Quick Trial Asked
On Cleveland Duals
(Continued from page 1)
Theatre Co. seeking a permanent in-
junction against duals in the Alham-
bra. Depositions have been taken.
The point at issue is whether the
new owners of the house are bound by
the agreement signed by their prede-
cessors.
Conspiracy Charge
Going Up to Campi
Conspiracy complaint of Frank
Somarelli of the Royal, Port Jervis,
N. Y., against Vitagraph, M-G-M,
Paramount, United Artists and Fox,
scheduled for hearing today before the
New York grievance board, will be
certified to Campi for action.
Conspiracy cases are not within the
province of local boards and are either
dismissed or referred to Code Au-
thority.
Two overbuying cases, however, will
be heard. They are : Community,
Queens Village, against Queens,
Queens Village, and the Roosevelt,
Beacon, N. Y., against the Beacon,
same city.
Mrs. Fox Is Witness
Mrs. William Fox testified yester-
day against Maurice Monnier, being
tried in Brooklyn for the second time
for an alleged attempt at extortion.
The jury could not agree at the first
trial.
Rothafel in Wilmington
Wilmington, Dec. 10. — S. L. Roth-
afel will address members of the Wil-
mington Advertising Club at a meet-
ing here Thursday. Roxy's address
will be heard over WDEL.
1st Div. Gets Mat Film
First Division has acquired distri
bution rights to films of the cham-
pionship wrestling match held at
Madison Square Garden last night
between Jim Londos and Dick Shikat.
Four Appeals Heard
By Campi Committee
Four appeals were heard yester-
day by a Campi committee consist-
ing of J. J. Unger of Paramount
and Henry Sussman, independent
exhibitor. They were :
Didsbury Theatre, Walden, N. Y.,
against Broadway, Newburgh, N.
Y., on clearance and zoning ; Gerald
Hardy, Hardy's Fresno, Fresno,
Cal., against Fox West Coast's State
Kinema and Wilson, same city, on
overbuying ; New Frolic, Jackson-
ville, and Universal Exchange,
against Ritz, Jacksonville, on re-
duced admissions ; Allied Theatres of
Oregon, Robert White, against John
Hamrick and Oriental, Portland, on
giveaways.
Samuelson Attacks
Code in New Orleans
New Orleans, Dec. 10. — Sidney
Samuelson opened the Allied direc-
tors' session here with a new attack
on the code. He predicted affiliated
theatres would make an attempt to
force 25-cent admissions on independ-
ents.
Independents can make money on
10 and 20-cent admissions, he said.
NOW LOOK AT THAT FACE! HER
NAME IS MAR DA DEERING, AND SHE'S
ONLY ONE OF THE HEAVENLY GALS
IN "NIGHT LIFE OF THE GODS" . . .
Lowell Sherman's Universal Lusty Laughing Spectacle!
MOTION PICTURE
DAILY
Tuesday, December II, 193^
4 Purely
Personal ►
AT the Tavern around lunch time
yesterday :
Arthur Lee, Phil Meyer and
George Weeks, a threesome;
Dick Rowland, a solo turned
into a duet by addition of Ben
Blumenthal; James A. Fitz-
Patrick, on his own, but later
stopping to converse with Jack
Cohn and Lou Golder.
Scattered: A. J. Van Beuren,
Charlie Paine, Harry Thomas.
Jack Lyons' chop house will go
into its grand opening tonight with
many notables, including Ex-Governor
Smith, among those scheduled to at-
tend.
Arthur W. Kelly, vice-president
in charge of foreign distribution for
United Artists, arrives in New York
tomorrow after an eight-month world
tour. l'v
Cresson W. Smith, Radio midwest-
ern sales manager, left for Chicago
yesterday to confer with Walter
Pranson, midwest business manager.
Robert Hurel, French producer,
arrives today on the Paris, Charles
Christie, vice-president of Mitchell
Camera Corp., is also on the boat.
Booking Changes Are
Asked at Car. Meet
Charlotte, Dec. 10.— A resolu-
tion calling for an amendment of the
standard exhibition contract to in-
crease the cancellation privilege to
20 per cent and urging an "immedi-
ate and thoroughgoing investigation"
of A. S. C. A. P. music taxes was
adopted here today at the closing
session of the convention of the M.
P. T. O. of North and South Caro-
lina. The association also went on
record against tying in of shorts and
features and free radio shows and
ordered steps taken to clarify the
cancellation clause under the code.
Ed Kuykendall, M. P. T. O. A.
president, urged a fight to the finish
on the present block booking system
and said the drive for clean films had
helped attendance. Saying the indus-
try was behind any "sincere" effort to
improve pictures, Kuykendall made
a plea for tolerance toward the
screen. Kuykendall announced the
next meeting of the organization
would be held the latter part of Feb-
ruary in New Orleans.
Edward Levy, general counsel of
the M. P. T. O. A., said what inter-
ests exhibitors most at present are
giveaways, compulsory buying of
shorts with features, premature ad-
vertising and non-theatrical compe-
tition.
M. A. Schlesinger, South African
exhibitor, described methods adopted
in South Africa to protect the the-
atre man's business. Terry Ram-
saye, editor of Motion Picture Her-
ald, spoke on "Hearing from the
Customers."
Charles W. Picquet was re-elected
president ; H. R. Berry, first vice-
president, and V. P. Stevenson, sec-
ond vice-president. The following
were named directors : H. F. Kincev,
W. H. Hendrix, H. E. Buchanan, j.
H. Miller, W. T. Culpepper, J. M.
Gregg, M. E. Schnibben, Mrs. Ken-
neth Richardson and Albert Sotille.
Texans Lose Protection
Suit by Dallas Decision
Carlisle Elected
To Warners Board
Wilmington, Dec. 10. — Samuel
Carlisle, comptroller of Warner
Brothers Pictures, Inc., was elected
a new member of the board of direct-
ors at the annual meeting here today.
He succeeds former Judge John P.
Laffey. Four members, Sam E.
Morris, Morris Wolf, Stanleigh P.
Friedman and Charles S. Guggen-
heimer, were reelected. The new di-
rectors will serve two-year terms.
Regret because of the inability of
Laffey to continue on the board was
expressed by Abel Cary Thomas, sec-
retary and general counsel, and Ivan
Culbertson, Wilmington attorney,
who presided in the absence of form-
er Federal Judge Hugh M. Morris.
Laffey had asked that he be relieved
because of ill health.
Abel Klaw and John E. Krauss,
Wilmington inspectors of election,
announced 2,382,909 shares had been
voted for the new directors.
Thomas said that a special meeting
will be called soon to merge the
Stanley Co. of America with War-
ners. In response to questions
Thomas stated that there will be no
reorganization of the company affect-
ing its common stock.
A round table discussion of the
company's affairs took place during
the counting of proxies. Thomas said
the company hopes to put on the
market a miniature sound projector
for home and school use.
Speaking of the church campaign
for clean pictures, Thomas said the
company had encountered difficulties
in the archdiocese of Cardinal
Dougherty. Other cardinals, he said,
had taken a helpful attitude, but Car-
dinal Dougherty had refused to as-
sume the burden of censorship of any
pictures.
Roosevelt Calls for
Aid in Crime Drive
Washington, Dec. 10. — Calling
upon all the forces of the nation to
cooperate in a campaign against
crime, which is taking a huge toll of
lives and nrooerty annually, President
Franklin D. Roosevelt tonight opened
the Attorney General's Conference on
Crime.
Included among the representatives
of the bar, law enforcement agencies,
educational and religious organizations
and industries which are in a position
to aid in the campaign are Carl E.
Milliken, secretary, and Gabriel L.
Hess, counsel, of the M.P.P.D.A.
Milliken, tomorrow, will address
the conference, placing before it the
suggestions of his organization as to
how the industry can cooperate, no"t
only in the prevention of crime and
apnrehension of criminals but also in
educational efforts to improve the
character of the coming generation.
Temple Prints by Air
A tieup with American Airlines for
the use of special olanes in distribut-
ing "Bright Eyes" went into effect
yesterdav when prints of the Fox pic-
ture, which stars Shirley Temple, were
dispatched by air to 16 key centers.
(Continued from page 1)
run houses did not prevent indepen-
dents from getting the ordinary run
of product. Protection is necessary to
maintain fair prices for higher class
pictures, he decided, and thus se-
cured a continuation of product for
all theatres and for the public.
The judge said he could find no
actual proof that the plaintiff would
sustain injury as a result of the pro-
tection agreement. He also decided
that contracts in question were in-
terstate commerce and, therefore, not
subject to Texas law; also that they
were licenses for copyrighted film
with the exemptions which the law
provides to owners of copyrights.
tf
Split "Ridiculous,
Laemmles Declare
Carl Laemmle, Jr., yesterday de-
scribed as "perfectly ridiculous" re-
ports published in Ed Sullivan's col-
umn in the New York Daily Neivs
that he bad split with his father and
was considering an associate produ-
cers' post at M-G-M.
Hollywood, Dec. 10. — Carl Laemmle,
Sr., today branded as "absolutely
ridiculous" the report of a rift be-
tween him and his son.
Reliance Signs 3
Additional Writers
Reliance has signed three new writ-
ers. Two of them are Lillian Hell-
man, author of the play, "Children',
Hour," now current on Broadway,'
and David Freedman, former Ziegfel'l
publicity man and collaborator with
Eddie Cantor on several radio scripts
and articles.
Miss Hellman is working with Sam
Wood on "The Melody Lingers On"
and leaves with the director for the
coast tomorrow. Freedman is doinp
an original. The third writer will]
not be announced until contracts have
been signed. Negotiations are on with!
three other writers.
Edward Small, who has been in bed
with the flu, was able to walk around
yesterday. He plans to leave for Hol-
lvwood Thursday.
Bettencourt Named
Frisco Para. Head
J. M. Bettencourt becomes sales
manager of the Paramount exchange.
San Francisco, with the transfer of
George Smith from Cincinnati to
managership of the coast branch. J.
J. Oulahan, Washington salesman,
succeeds Smith in Cincinnati.
Vincent Daugherty, accountant in
the Washington branch, is now a.
salesman at that office while Fred
Schrader of the home office takes
over Daugherty's former duties at the
capital office.
The Leading
Motion^
Picture
Industry
MOTION PICTURE
DAILY
Alert,
Intelligent
the In
in All
Branches
VOL. 36. NO. 138
NEW YORK, WEDNESDAY, DECEMBER 12, 1934
TEN CENTS
WAY PAVED TO ABANDON
CODE VIA REVISED NRA
Loew, M-G-M
Pay Five Men
$1,464,009
Five officials of Loew's, Inc., and
M-G-M received $1,464,009 in salaries
i nd shares of profits during the past
12 months, it was revealed yesterday
it the annual meeting of Loew's, Inc.,
tockholders.
Salarv and bonus payments to Nich-
»las M. Schenck totaled $219,607;
David Bernstein, vice-president and
reasurer, received $148,664. J. Robert
\ubin, as vice-president of M-G-M,
eceived $67,000. Irving Thalberg.
vubin and Louis B. Maver received
otal salaries of $287,000. and. in addi-
ion, the Mayer Co., comprised of
hese individuals, received $741,738, as
heir share of M-G-M profits under
he terms of their contracts, made at
he time of the purchase of M-G-M
>y Loew's.
Rubin presided at yesterday's meet-
ng. A regular quarterly dividend of
'5 cents per share, payable Dec. 31
o stockholders of record Dec. 21, was
oted, and it was also voted to pay an
xtra dividend of 75 cents.
C. C. Moskowitz was elected a di-
ector.
Richardson Is Made
1st Div. Executive
W. M. Richardson, for many years
issociated with Universal, has been
lamed district manager for First Di-
ision in the south, his territory cover-
ng New Orleans, where he will have
leadquarters, Charlotte and Atlanta.
Richardson will select his own man-
ners for the three branches.
Recently. First Division bought
>ack its franchise from Mike Howard
or this territory. Last week, Milton
(Continued on page 7)
4. T. & T. Probe Is
Delayed for Funds
Washington, Dec. 11. — Investiga-
ion of the A. T. & T., originally
lated to start at the beginning of the
ear, cannot get under wav before
7ebruary 1, and then only if Congress
(Continued on page 6)
Campi Hearing
On Conspiracy
Case Delayed
Conspiracy charges by George
Gehring of the Rosewood, Chicago,
against all major distributors will be
heard by a Campi code committee on
Dec. 18, it was decided yesterday.
Gehring, in his complaint against
Paramount, M-G-M, Fox, U. A.,
Radio, Columbia, Universal and
Warners, charges that the distribu-
tors in conjunction with the Essaness
circuit are trying to put him out of
business. The complainant adds that
the distributors are restricting duals
and that the Rosewood will be forced
to close if he cannot double feature.
The complaint was scheduled to
be heard yesterday before a commit-
tee comprising Edward Golden, Roy
L. Haines and Nathan Vingrad. On
recommendation of Gehring, the ses-
sion was postponed, but not until a
little unexpected excitement between
Golden and attorneys for Warners,
Fox, M-G-M and U. A.
I. Levinson, counsel for Warners,
agreed to let Golden sit as chairman
(Continued on page 7)
Delay Hearing Upon
U. A. Buying Appeal
United Artists refuses to abide by a
decision of the Chicago grievance
board on 10 per cent cancellations and
has appealed a decision of the local
board which ordered the company to
cancel "Catherine, the Great" at the
Egyptian, De Kalb, 111.
The local board, after being ordered
to rehear the case by Campi, found
(Continued on page 7)
Indies at N. O. May
Join an Allied Unit
New Orleans, Dec. 11. — Whether
Sidney Samuelson will be able to start
a new Allied unit heie probably will
be decided after he addresses a meet-
ing of exhibitors tomorrow. He will
speak upon invitation.
The non-Allied men are here in
connection with a meeting of Allied
(Continued on page 6)
Retention Would Be Optional Under
Proposed Reorganization Plan for
The Recovery Administration
the
By CLARENCE LINZ
Washington, Dec. 11. — Abandonment of the film code was to-
day seen made possible under legislation which will be submitted to
Congress during the coming session for reorganization of the Na-
tional Recovery Administration.
Now in the final stages of drafting, the measure is understood to
provide only for the retention of Section 7-A, guaranteeing the right
of labor to bargain collectively, and the child labor provision with a
further stipulation that any codified industry desiring to retain its
code may do so and have it enforced by the government as now.
Under such a measure, it is held,
industries which are dissatisfied
with their codes could abandon
them, probably by majority vote,
while those which desire to have
the agreements continued would
have the government support in
their administration. Few indus-
tries, however, it has been pre-
dicted, would vote to continue the
pacts.
While legislation along the lines
(Continued on page 7)
Deal All Set
The agreement either was
signed yesterday, or will be
today, between the Skourases
and National Theatres pro-
viding for the former to take
over management of Fox
West Coast after reorganiza-
tion, it is learned on excellent
authority.
The arrangement is being
entered upon on behalf of
FWC by Chas National Bank
and Fox Film which jointly
own the powerful western
circuit.
Charles Skouras leaves for
the coast Saturday.
Outline Here Fight
For Block Booking
Lines of defense in what is antici-
pated as a fight for retention of block
booking are understood to have been
aired at a meeting of national sales
managers at the Motion Picture Club
on Monday, it was learned yesterday.
The majors, through the Hays or-
ganization, are reported to have learned
from Washington that, in what now
is assuming the proportions of a flood
of adverse industry legislation, one_ of
the measures planned for consideration
of the new Congress is a bill designed
to eliminate block booking. The meet-
ing on Monday was for the purpose
of discussing the general situation and
to make plans tentatively to oppose
the expected legislation.
Other conferences may be called
later.
Agreement Reached
On Laboratory Code
Washington, Dec. 11. — Agreement
on the provisions of the laboratory
code was reached today after confer-
ences between Deputy Administrator
William P. Farnsworth of the NRA
and laboratory representatives. Hear-
ings on the code were held several
months ago.
The main feature of the changes
made in the agreement, it was said,
are the provisions of a maximum
working week of 38 hours for night
forces, which are to receive the same
pay as the 40-hour day workers. This
gives the night crews an hourly rate
five per cent higher than the day
workers.
The code is now being prepared for
approval.
Exchanges Shy Off
Protection Dispute
Local exchanges are keeping clear
of the protection dispute between
RKO, Skouras and A. H. Schwartz.
Fred Schwartz, son of A. H., has been
(Continued on page 7)
MOTION PICTURE
DAILY
Insiders' Outlook
2
MOTION PICTURE
DAILY
(Registered U. S. Patent Office)
Vol. 36 December 12, 1934 No. 138
Martin Quigley
Editor-in-Chief and Publisher
a MAURICE KANN £
II Editor \
1 JAMES A. CRON ,
■ Advertising Manager
Published daily except Sunday and holi-
days by Motion Picture Daily, Inc., sub-
sidiary of Quigley Publications, Inc.,
Martin Quigley, President; Colvin Brown,
Vice-President and Treasurer.
Publication Office: 1790 Broadway, New
York. Telephone Circle 7-3100. Cable ad-
dress "Quigpubco, New York." All con-
tents copyrighted 1934 by Motion Picture
Daily, Inc. Address all correspondence to
the New York Office. Other Ouicrley pub-
lications: MOTION PICTURE HERALD.
BETTER THEATRES, THE MOTION
PICTURE ALMANAC and THE CHI
CAGOAN.
Hollywood Bureau: Postal Union Lite
Building, Vine and Yucca Streets, Victor
M. Shapiro, Manager; Chicago Bureau: 407
South Dearborn Street, Edwin S. Clif-
ford, Manager; London Bureau: Remo
House, 310 Regent St., London, W. 1,
Bruce Allan, Representative. Cable address:
"Quigpubco, London"; Berlin Bureau:
Berlin - Tempelhof . Kaiserin - Augustastrasse
28, Joachim K. Rutenberg , Representative;
Paris Bureau: 19, Rue de la Cour-des-
Noues, Pierre Autre, Representative; Rome
Bureau: Viale Gorizia, Vittorio Malpassuti.
Representative; Sydney Bureau: 102 Sus-
sex Street, Cliff Holt, Representative; Mex-
ico City Bureau: Apartado 269, James
Lockhart, Representative; Glasgow Bureau:
86 Dundrennan Road, G. Holmes, Repre-
sentative; Budapest Bureau: 3, Kaplar-u,
Budapest, II, Endre Hevesi, Renresenta-
tive; Moscow Bureau: Civtzev Vrazhek.
N. 25, Apart. 146, Moscow, U. S. S. R.,
Bella Kashin, Representative. Cable ad-
dress: "Samrod, Moscow."
Entered as second class matter. January
4. 1926, at the Post Office at New York
Citv, N. Y., under Act of March 3, 1879.
Subscription rates per year: $6 in the
Americas, except Canada $15 and foreign
$12. Single copies: 10 cents.
Para. Fees Halved
By Judge Goddard
Federal Judge Henry W. Goddard
has allowed the law firm of Root,
Clark, Buckner and Valentine $175,-
000 as ad interim fees for services as
counsel to the trustees in bankruptcy
for Paramount Publix from April.
1933, to June 16, 1934. On this latter
date a reorganization petition in bank-
ruptcy was filed.
The law firm had requested $350,000
and the allowance represents a reduc-
tion of 50 per cent. The trustees.
Charles D. Hilles, Eugene W. Leake
and Charles Richardson, were allowed
$32,500 each after requesting $100,000.
MacNaughtons Buried
Funeral services were held yester-
day for Willard C. MacNausrhton and
his wife, who committed suicide over
the week-end. George Skouras closed
the Hempstead and Rivoli in Herno-
stead from 2 to 6 P.M. while the
court closed at 2 o'clock for the dav
in deference to the late manager o'
the Hempstead.
Morris, Pracht Depart
L. J- Morris, owner, and W. L.
Pracht, manager of the Arcada, St.
Charles, 111., left for home vesterdav
after attending a Campi aooeal session
involving the theatre. Laurence Rich
of Cleveland, renresentine the State.
Sanduskv. arrived vesterdav to attend
a committee hearing today.
"THE Potomac boiled over its
*■ banks yesterday. From Wash-
ington and over the wires came
word of the legislative metamor-
phosis through which the Na-
tional Recovery Administration
may be expected to pass, New
Deal style 1934. Long expected
and tipped off variously by Don-
ald Richberg and others high in
the councils of the President,
word that changes in NIRA were
impending has been anticipated
and, like something akin to the
movements in the stock market,
discounted by this time. . . .
▼
But the nature of the contem-
plated changes is another and
extremely important story. The
legislation, now in the formula-
tive stage, will make the matter
of codes something for each in-
dustry to determine for itself.
Provided a given business wants
to proceed under code standards,
it may. Provided it does not,
there is proposed nothing com-
pulsory to insist upon its con-
tinuance. The right of labor to
bargain collectively, outlined in
Section 7A, will run on, sans
change. The general provisions
hitting at child labor likewise
will stay. Beyond that, the ad-
vance tip has it, there is to be
nothing. . . .
T
"Few industries, it has been
predicted, would vote to continue
the pacts," reads on the Wash-
ington dispatch, detailed on the
reverse side of this sheet. Speak-
ing for an entire industry is
covering considerable ground
and so becomes a dangerous pro-
cedure. This column would ven-
ture to say, however, that, inso-
far as the vested interests of this
industry are concerned, any vote
either way on the code will find
the majority opinion opposed.
This opinion is ventured on the
strength of that which important
executives have voiced many
times. Privately, mind you, but
none the less emphatically. . . .
T
"The President Vanishes"
failed to get off to a better start
at the Paramount, the claim ad-
vanced for it is, because inde-
cision as to booking date allowed
only one day for daily newspaper
advertising. Not that any punch-
es were pulled as to space, cost,
etc. Space was plentiful, includ-
ing preferred positions like page
2 of the Times and big-splash
halves in the afternoon papers to
a total cost of $24,000, or very
close to it. Impending holidays
and the gradually increasing in-
tensity in Christmas shopping
have left an early mark on gen-
eral grosses along Broadway
anyway. That means, the circuits
are complaining again. . . .
T
Cautious Nick Schenck is cred-
ited with never, not even once,
having publicly discussed any
Metro attraction prior to release.
In California's glorious sunshine
the other day, however, the stu-
dio chieftains showed him a
rough assemblage job of "David
Copperfield." Apparently what
he saw, persuaded Schenck to
make his ironclad rule less iron-
clad. He went into a rave and,
while that may sound like the
usual thing, it goes beyond in this
case because Schenck's reputa-
tion with his men is that he nev-
er kids them or himself on any-
thing Metro turns out. From
Howard Dietz's cubicle comes
word the campaign for "Copper-
field" will be the largest in Leo's
productive history. To wit:
Space in thirty-nine national
magazines, circulation 40,000,-
Wednesday, December 12, 1934
Light man Acquires
Orpheum at Memphis
Memphis, Dec. 11. — M. A. Light-
man is taking over the Orpheum her<:,
effective immediately, on a tentathe
partnership arrangement with the
Goldberg-Courshon-Solomon interest1
of Chicago, but is expected to take
over exclusive control shortly.
The deal created a furore here and
is regarded by many local him men
as presaging a new alignment along
Main St.
M. A. Lightman currently is in
New York.
Gaumont's Eastern
Staff to Meet Here
Arthur A. Lee, vice-president ol
Gaumont British, and George W
Weeks, general sales manager, will
act as hosts to the members of the
company's out of town sales force here
Sunday at a screening of "The Iror
Duke." The territories that will be
represented will include Boston, New
Haven, Philadelphia, Washington
Cleveland, Buffalo and Albany. The
picture is set for the Music Hall h
January.
Cochrane to Return Soon
Hollywood, Dec. 11. — R. H. Coch-
rane of Universal and Williard S
McKay, company counsel, will leave
for New York tomorrow after beiny
here only three days.
Loew Will Sail Dec. 18
Paris, Dec. 11. — Arthur M. Loew
sails for New York Dec. 18 and sc
will eliminate London from his present
trip.
000; billboards, newspapers and
246 — count 'em — tieups. . . .
T
A. E. Reoch, engineer by train-
ing and subsequently a cost slash-
er of formidable proportions at
RCA Victor, looms more sig-
nificantly in RKO affairs these
wintry days. His direct duties
concern theatre real estate, only
he's more in that he enjoys David
Sarnoff's complete confidence.
While on Radio and correlated
matters, the story of J. R. Mc-
Donough's current trip east — he
arrives here tomorrow' — insists
that it has to do with the B pic-
tures turned out on the RKO lot.
Sarnoff no like and is supposed
to be priming questions for Mc-
Donough to answer. Most of
them are one-word queries:
Why? ...
T
Coast reports, later scotched
by Sol Rosenblatt, that he was
about to part company with the
NRA and had been offered a post
as executive assistant to Harry
Warner, are not new reports.
They were milling around the
hectic lobby of the Mayflower in
Washington during code formu-
lation sessions months back. . . .
Herb Yates is apt to be an ex-
tremely important factor in Uni-
versal again. Very apt and very
important. . . .
KANN
Loew's Drops 2Y8 on Big Board
Net
High Low Close Change Sales
Columbia Pictures, vtc 3954 38 38 — 154 500
Consolidated Film Industries V/s, 454 454 100
Consolidated Film Industries, pfd 1854 1734 1734 — 54 1,000
Eastman Kodak 1 12J4 11154 11154 — 34 1.000
Fox Film "A" 14 1354 1354 — 34 2,000
Loew's, Inc 3634 34'/g 3434 —254 24,500
Loew's, Inc.. pfd 10434 10434 10444 + 54 100
Paramount Publix 354 f/t, 2% — 54 4,600
Pathe Exchange \% 1 1 — 54 1.000
Pathe Exchange "A" 1334 13 13 —1 1,100
RKO 254 134 154 — 54 6,700
Warner Bros *,% 454 454 — 54 2,600
Warner Bros., pfd 23 21 21 —2 26,000
Technicolor Off % on Curb
Net
^High Low Close Change Sales
Technicolor 1354 1356 135s — 34 600
Paramount Publix Bonds Off V/z
Net
High Low Close Change Sales
General Theatre Equipment 6s '40 834 854 854 — 34 4
General Theatre Equipment 6s '40, ctf 854 834 834 — 34 9
Loew's 6s '41, ww deb rights 10434 10434 10434 8
Paramount Broadwav 554s '51 4334 4334 4334 4
Paramount F. L. 6s '47 62 61^4 6154 — 54 6
Paramount Publix 554s '50 6254 6054 6054 —154 29
Warner Bros. 6s '39, wd 6054 5954 5954—34 8
MIGHTY !
WALLACE BEERY m
MIGHTY BARNUM
should do one of the great grosses of all time!"
— HOLLYWOOD REPORTER
MIGHTY
a boxoffice triumph! Zanuck hits the bullseye
again ! " — showmens round table
- MIGHTY
lYimni I BARNUM
MIGHTY BARNUM
MIGHTY BARNUM
MIGHTY BARNUM
is an ace hit! Should be immense!"
— JAY EMANUEL PUBLICATIONS
is a showmen's paradise! Unlike anything heretofore
shown on the screen!" — motion picture herald
is a hit! 20th Century inaugurates its new season
with a flourish, as it did last year!" — tos anceles times
is the greatest show on earth! The grandest enter-
tainment in ages!" — new movie magazine
IT'S DARRYL F. ZANUCK'S
MIGHTY PRODUCTION
presented by JOSEPH M. SCHENCK
A D O L P H E MEN JOU
Virginia Bruce • Rochelle Hudson • Janet Beecher
20
CENTURY
PICTURE
TH
UNITED ARTISTS
°c««uned for 63 - Bro«<iwrr~-
CaPaciiY
ay
I*/
J
^erieave and
• ear*eseon,0 '«moU8/
^ciud^^^othe,^
^17
And Vi*a^.
MOTION PICTURE
DAILY
Wednesday, December 12, 1934
What Are You
Doing with
Your Life?
Are You Getting Ahead?
HaveYou Learned to Speak
French Yet?
Well, the Hell with that
TO-NIGHT
IS YOUR
TURNING POINT
IT'S GALA NIGHT OF
THE MOTION PICTORE CLUB
SUPPER
MUSIC
DANCING
CONVERSATION
To Miss It Is To Miss It— But DON'T
YOU AND YOUR FRIENDS
ARE OUR GUESTS
HARRY BRANDT
CHAIRMAN
Indies at N.O. May
Join an Allied Unit
{Continued from page 1)
and are said to be sympathetic with
its aims. They total about 100.
Speaking at the directors' meeting,
Abram F. Myers, Allied counsel,
urged a firm stand on the Tri-Ergon
patent situation. He added all units
were united against monopoly, block
booking and code administration, in-
viting suggestions for a new pact. He
said A. S. C. A. P. would be fought
and Allied's basic laws modernized.
Myers suggested formation of a
national independent booking agency
supplying Allied with depots in each
state to meet the competition of big
circuits. No state convention may be
held this year, Myers revealed.
Backing clean films, the directors
blamed block booking for objection-
able product.
These committees were named :
Nathan Yamins, Ray Branch, Harry
Cole, code; Arthur Price, Walter B.
Littlefield, Aaron Saperstein, consti-
tution; Ike Katz, H. A. Blue, H. M.
Richey, convention; Henry Lazarus,
Littlefield, Price, legislative.
A. T. & T. Probe Is
Delayed for Funds
(Continued from page 1)
provides funds, it was learned today
at the Federal Communications Com-
mission.
Officials of the commission said that
an appropriation of $75,000 will be
necessary if any complete and compre-
hensive investigation is to be under-
taken. A small force is already in the
field assembling data for use of the
commission, but no hearings can be
scheduled until the question of financing
the probe has been settled.
A. T. & T. Net Down
Net operating income for A. T. & T.
showed a drop in October as compared
with last year, according to a report
to the Federal Communications Com-
mission. The net this year was $1,-
141,025. Last year it was $1,466,587.
Gross for the 10 months ending Oct.
31 was $74,659,423. Last vear it was
$71,977,623.
Van Runkel Rejoins "U"
Hollywood, Dec. 11. — Sam Van
Runkel, former producer of shorts for
Universal, has signed a deal with Carl
Laemmle to produce 24 shorts for the
current program, starting Jan. 1.
Twelve will feature Henry Armetta
and the balance will have Sterling
Halloway.
Sheehan, Yorke Coming
Hollywood, Dec. 11. — Winfield
Sheehan is on his way to New York
to testify in a Supreme Court action
against Chase National. He would
not say which suit. Gabe Yorke,
studio publicity executive, is with
him.
Stahl Contract Renewed
Hollywood, Dec. 11. — Universal has
renewed its contract with John M.
Stahl and he will begin directing his
next picture Feb. 1. In the meantime,
Stahl will leave for New York Friday
to search for a suitable story.
Col. Signs Sullivan
Hollywood, Dec. 11. — C. Gardner
Sullivan, writer, has been signed by
Columbia as an associate producer.
Industry Aid
In Crime War
Is Proffered
Washington, Dec. 11. — A five-
point program for use of films in
a campaign against criminal lawless-
ness was today submitted to the At-
torney General's Conference on
Crime by Carl E. Milliken, secretary
of the M. P. P. D. A., on behalf
of the organized film industry.
Suggesting the establishment of a
National Crime Research Institute,
"to integrate into authoritative form
data now available, encourage the
prosecution of further studies and,
as studies are made, present to the
public the information thus provided
concerning the causes and deterrents
of crime," Milliken offered the full-
est cooperation of the film organiza-
tion in the following five points :
"1. The use of every available
source of scientific information to the
end that the content of motion picture
entertainment and particularly the
method of presenting dramatic mate-
rial on the screen shall not contribute
to the making of crime and criminals
or to the undermining of character.
"2. The continuation of definite and
specific efforts to present within the
proper scope of artistic creation, the
best and most scientific methods of
crime suppression by police and other
law enforcement agencies.
"3. Cooperation in any national
program that may be undertaken to
arouse public opinion to the needs of
law enforcement and crime preven-
tion.
"4. Cooperation with law enforce-
ment authorities in the detection of
crime and the apprehension of crimi-
nals through the use of motion pic-
ture technique.
"5. Character education ; it has al-
ready begun and is prepared to carry
on energetically, a program by which
may be presented on the screen speci-
fic educational pictures intended to de-
velop character and deepen in the minds
of the public a sense of personal re-
sponsibility, with the expectation that
the same type of pictures specially
pointed will serve also the cause of
crime prevention."
Half of M-G-M List
Ready, States Feist
Half of M-G-M's product for this
season has been completed. Felix F.
Feist, general sales manager, stated
yesterday following his return from
a visit at the studio. Feist, who va-
cationed in Hawaii, visited the studios
for a few days and then left for Kan-
sas City, Chicago and New York.
Form Radio City Corp.
Dover, Dec. 11. — Radio City Amuse-
ment Corp., has been incorporated here
to operate theatres and other places of
amusement listing a capital of $250,000.
The incorporators are M. M. Lucey.
H. I. Brown and L. S. Dorsey of
Wilmington.
Even Dishes Fall Off
Although Allied of N. J. held a rou-
tine meeting yesterday, a survey of the
membership on business last week re-
vealed that intakes were so bad dishes
fell off about 30 per cent.
Wednesday, December 12, 1934
MOTION PICTURE
DAILY
7
Campi Hearing
On Conspiracy
Case Delayed
(Continued from page 1)
of the committee at the beginning
of the hearing, but after the complaint
was read, it was found that attor-
neys for Gehring and several dis-
tributors' representatives were absent,
a mix-up having taken place in the
morning and a postponement having
been announced to Bertram Mayer,
attorney for Gehring, and other dis-
tributors.
Decision of the local grievance
board in the case was dismissal by
three to one, Ben Judell of Majestic
being the dissenting voter.
Because of its importance, espe-
cially in view of the court hearing
last week in Philadelphia on the
dual feature situation where a simi-
lar case existed, charging conspiracy
by major distributors to restrict pic-
tures to single billing, it was felt that
all parties should be present.
Golden, believing that a move was
being made to put the case over be-
cause he was sitting as chairman, be-
came enraged at the developments
and noted on the record that when
the case is heard next Tuesday that
he will sit on the committee. Lev-
inson took exception to Golden's at-
titude and also went on record pro-
testing the Monogram executive's
position, stating he didn't believe
Golden would be unbiased. The
Warner attorney also noted for the
record that he didn't object to Gold-
en at the start of the proceedings.
At this juncture Tyree Dillard,
Jr., Campi's legal heai, interrupted,
asserting the situation didn't involve
personalities, that the case should be
postponed in order to give everyone
a fair chance and that it could still
be heard. Levinson still insisted that
Golden's remarks disqualified him
from sitting on the case.
Delay Hearing Upon
U.A. Buying Appeal
(Continued from page 1)
that the exhibitor bought the 21 pic-
tures offered at an average of $250 a
picture, the deal for all films being
closed at one time, and that the com-
plainant has complied with the code in
all respects.
Because Edward Raftery, attorney
representing U.A., was in Manchester,
N. H., and could not attend the ses-
sion, the Campi committee set to hear
the appeal bv U.A. yesterday post-
ooned it until Rafterv could attend.
Raftery has been working on this case
for some time. Paul O'Brien, another
attorney for the distributor, submitted
a brief in which the company states
that the Egyptian did not buy all the
pictures and hence was not entitled to
the cancellation.
Thirty Appeals Pending
Campi has about 30 appeals to be
disposed of before it can clear up its
calendar. Cases are being heard every
day, including Thursday when Campi
meets, in an effort to clear up the
slate by the first of the year. A
report on the number of cases, board
bv board, is being tabulated by John
C. Flinn and disposition noted in
each instance.
Right on Broadway
The Main Stem may be the
happy hunting street for
George M. Cohan as a legiti-
mate stage personality, but
as a film star numerous pat-
rons at the Mayfair where
"Gambling" was current kept
asking the cashier:
"Who is this man George
M. Cohan?
"Is he a new Hollywood
star?"
Carolina MPTO for
Cancellation Pact
Charlotte, Dec. 11. — Efforts to
end disagreements over cancellation
privileges will be made by a committee
appointed at yesterday's session of the
M.P.T.O. of North and South
Carolina.
Exhibitors now find it difficult to
take advantage of cancellation privi-
leges, due to producers' rulings and
resulting disagreements. The group
named to attempt to straighten out
the problem includes the organization's
officers.
Raising the cancellation privilege to
20 per cent will eliminate the demand
for the end of block booking, it was
indicated.
The association went on record as
opposed to the program of Mrs.
Robins Gilman, heacf of the national
organization of Parent-Teacher
Ass'n. for showing commercial films
in schools and for non-cooperation
with exhibitors.
Richardson Is Made
1st Div. Executive
(Continued from page 1)
Cohen was placed in charge of the
Detroit exchange.
Business is picking up generally in
the south, midwest and even in the
northern part of New York state,
Charles Rosenzweig. general sales
manager of First Division, states upon
his return from a tour of all company
exchanges. Theatres are not doing
big business, he holds, but the. grosses
are much better than last year.
First Division to
Use Sennett Studio
Hollywood, Dec. 11. — John Curtis,
vice-president of First Division, has
leased the Sennett Studios for his
production program. Production will
start Jan. 15 on the first of a series of
four Hoot Gibson pictures, with four
dramas to follow.
S. & C. Operating 44
Springer & Cocalis operate 44 the-
atres in the local area, Sam Cocalis
revealed yesterday at the New York
grievance board. Cocalis testified on
his own behalf in the complaint by
the Roosevelt, Beacon, against the
Beacon, same city, charging over-
buying. Cocalis stated that of the
$245,000 the house cost, he has $110,-
000 in cash invested.
Holding "Painted Veil"
"The Painted Veil" will be held a
second week at the Capitol.
"WaW Grosses $35,389
First week's take at the Strand for
"Flirtation Walk" was $35,389.
Exchanges Shy Off
Protection Dispute
(Continued from page 1)
asking local branch heads to inter-
vene, but managers are referring the
situation back to RKO.
RKO's Far Rockaway house has
protection on all Nassau county and
recently waived its clearance on Skou-
ras' Hempstead house because of an
earlier product agreement. Schwartz
now asks that RKO lift the protection
over his Rockville Center unit. This
the exchanges refuse to do, claiming
that RKO can do what it wants to do
with protection it has bought.
Charity Party Tonight
The Motion Picture Club is holding
its first "Monte Carlo Night" tonight
as part of its campaign to raise the
club's quota for the Federation of
Jewish Charities.
Games of chance, but all for sweet
charity, will be in abundance. Dancing
is scheduled to start at 8 o'clock and
continue indefinitely. A special sup-
per will be served at midnight.
Little Theatre Through
The Little Theatre, East 50th St., is
to be converted into a restaurant. The
theatre closed recently. It was
opened Christmas Eve, 1929.
To Remake "Felix" Films
Jack Kopfstein plans to remake 10
"Felix, the Cat" cartoons in Kromo-
color within the next few weeks.
Way Paved to
Abandon Code
ViaNewNRA
(Continued from page 1)
said to be followed in the new meas-
ure would be gratifying to industry
at large, labor is bitterly opposed
to any lessening of the advantages
it has secured under the codes.
However, arguments before the
Supreme Court yesterday in the
first case to come before it involv-
ing a recovery code indicate that
that tribunal will be highly critical
of administration of the Recovery
Act and may hold unconstitutional
executive orders which have had the
effect of creating offenses, which it
is contended is done by Presiden-
tial approval of codes.
Rosenblatt Here Today
Compliance Director Sol. A. Rosen-
blatt arrives today from Washington
to set the basic wage scale for oper-
ators in New York.
D. O. Selznick Better
Hollywood, Dec. 11. — David O.
Selznick, who has been ill with the
grip for several days, has recovered
enough to return to his office.
This year let Frank Capra be your Santa Claus . . .
and the cycle-making miracle man of the screen will
fill your stocking with the greatest box-office tak-
ings you have ever experienced. "Broadway Bill,"
Capra's latest, drew unanimous raves from the New
York critics, made Radio City Music Hall ring with
excited cheers and won a holdover at the world's
finest theatre. To smart showmen this means two
things . . . book "Broadway Bill" December 27th,
and set aside extended playing time for it! In the
words of Variety Daily, "Capra has done it again"
. . . and that means a "Merry Xmas" for you!
WARNER-
BAXTER
MYR.NA
OY
COLUMBIA
PICTURE
FRaimk lakka Production
ioij Robert \Riikin ~ J$aseJ on flie dor// bij JUarlc ufelllnrjei
with WALTER CONNOLLY - HELEN VINSON
RELEASED N AT I O N A L LY- D E C E M B E R 27TH
The Leading
Op
Motioned
Picture
Industry
MOTION PICTURE
DAILY
Alert,
Intelligent
the In
in All
Branches
fOL. 36. NO. 139
NEW YORK, THURSDAY, DECEMBER 13, 1934
TEN CENTS
danger Also
Up for Para.
Studio Post
s Being Considered by
Reorganization Group
Walter W anger is being considered
piously as the new head of Para-
laptnt production along with B. P.
chulberg, Motion Picture Daily
•arned authoritatively yesterday.
Now producing six pictures inde-
endently for Paramount distribution
ith finances supplied by Erpi, Wan-
er met a number of important Para-
lount reorganizational factors at
inch on Monday at which, it is
nderstood, preliminary discussions
ealing with the production post were
nuched upon.
The factors in Paramount and, by
lat is meant important men active
i the reorganization plan as well as
lembers of the directorate which
(Continued on page 4)
?ox Met. Plan Put
Over for 30 Days
An extension of 30 days on the time
riginally allotted for the filing of a
^organization plan was granted by
udge Julian W. Mack in the U. S.
)istrict Court yesterday to the bond-
olders' committee of Fox Met.
Yesterday had been previously set
s the final day for the filing of a
(Continued on page 6)
..oew's Demand May
Delay N. H. Action
Insistence by Loew's that the Col-
:ge, New Haven, shall have protec-
ion over the entire city may hold up
doption of that clearance and' zoning
chedule when it comes before Campi
oday.
A Loew executive yesterday stated
hat the circuit had a right to buy
(Continued on page 6)
jains in Far East
Reported by Kelly
Optimistic over conditions in Aus-
ralia, Java, Singapore, the Feder-
ted Malay States, Siam, French
ndo-China, Philippines, China and
apan, Arthur W. Kelly, foreign head
if U. A., yesterday stated upon his
eturn that, in addition to looking
iver the territories, he had signed a
ranchise with General Theatres for
(Continued on page 6)
Voluntary Codes Seen
As Administration Aim
1 st Div. and
Wardour Deal
Is Confirmed
By BRUCE ALLAN
London, Nov. 30. — Statements in
the Motion Picture Daily that First
Division and Wardour Films, the sale
end of B. I. P., were discussing a
reciprocal release agreement were con-
firmed in London by Arthur Dent of
Wardour's, who said, however, that
they were still some distance from ar-
riving at a definite agreement.
* • * *
Following on her success in "Mary
Read," the second London Films stage
production at His Majesty's Theatre,
Flora Robson has been cast as Queen
Elizabeth in the forthcoming London
film. Opposite her will be Robert
Donat, who made a hit in "The Count
of Monte Cristo" in Hollywood, after
earlier London Films appearances.
Miss Robson, who is also to star
(Continued on page 4)
46
Bunk, Fake,"
Is Comment on
Ending Code
"It's the bunk."
"It's a fake."
"It's just a lot of hooey."
This was the comment which yester-
day emanated from Campi headquar-
ters and Compliance Director Sol A.
Rosenblatt in comment on Motion
Picture Daily's exclusive story from
Washington that there was a possi-
bility of the code being abandoned
under legislation for reorganization of
the NRA to be submitted to Congress
during the coming session.
Rosenblatt, who spent the whole
day trying to adjust the local labor
situation at a meeting of circuit and
independent theatre men and union
officials, was seen just before he pre-
pared to get down to the afternoon
talks. His first remark was :
"It's a lot of hooey and you can
(Continued on page 5)
Good Music, Clean Comedy,
Better Times Seen On Way
By WINFIELD SHEEHAN
Production Chief, Fox
Hollywood, Dec. 12. — Chief char-
acteristics of talking picture entertain-
ment in 1935
will be good
music, clean
comedy, and
drama of mod-
ern life, all built
on strong, sim-
ple s t o r i e s of
present - day
times.
The group of
new artists, in-
troduced in
moving pictures
last year, will
continue to
establish them-
selves more strongly in the public
favor in productions in the coming
year. These new players, recruited
(Continued on page 4)
By JACK COHN
Vice-President, Columbia
I am firmly of the opinion that 1935
will prove a profitable year for the
industry because
of the amazing
strides that have
been made
throughout the
world toward a
return of nor-
mal conditions.
No other con-
clusion is pos-
sible as relates
to this country
if one contrasts
conditions today
with those that
obtained eigh-
teen months
ago. I, for one, believe that conditions
are growing better daily.
The results of continued improve-
(Continued on page 4)
Revision Being Rushed;
Supreme Court Ruling
To Be a Factor
By CLARENCE LINZ
Washington, Dec. 12. — Laying
aside everything not of the most
pressing importance, the National Re-
covery Board is devoting its attention
to consideration of suggestions to be
submitted to the President before the
end of the month relating to the re-
vision of the Industrial Recovery Act.
It is generally considered that the
new legislation will make acceptance
of codes by industry voluntary, but
it is indicated that efforts will be made
to hold codified industries in line by
so phrasing the wage and hour pro-
visions of the new act as to make it
to the interest of employers to accept
codes.
The board's recommendations will
be of a general nature. Actual de-
cision as to the changes to be made
in the law will be reached by Presi-
dent Roosevelt after consideration of
suggestions from business interests,
(Continued on page 5)
New Code Setup Is
Outlined by Allied
New Orleans, Dec. 12. — Sugges-
tions for a new Campi and revised
board setup were contained in a reso-
lution adopted today at the meeting of
Allied directors here. The resolution
came on the heels of assurances given
yesterday by Abram F. Myers that
the present code would be scrapped,
the Allied general counsel being so
sure of his predictions that he asked
(Continued on page 5)
Rosenblatt Drops
Dispute on Coast
Having made one attempt to settle
the actors -producers dispute in Hol-
lywood, Compliance Director Sol A.
Rosenblatt will not go to the coast
(Continued on page 5)
Temporary Relief in
Operator Pay Made
Temporary relief to independent
exhibitors was granted yesterday by
Local 306 at a meeting of exhibitors
and union officials at Code Authority
(Continued on page 7)
MOTION PICTURE
DAILY
Thursday, December 13, 19341
MOTION PICTURE
DAILY
(Registered U. S. Patent Office)
Vol. 36
December 13, 1934
No. 139
Martin Quigley
Editor-in-Chief and Publisher
MAURICE KANN
Editor
JAMES A. CRON
Advertising Manager
Published daily except Sunday and holi-
days by Motion Picture Daily, Inc., sub-
sidiary of Quigley Publications, Inc.,
Martin Quigley, President; Colvin Brown,
Vice-President and Treasurer.
Publication Office: 1790 Broadway, New
York. Telephone Circle 7-3100. Cable ad-
dress "Quigpubco, New York." All con-
tents copyrighted 1934 by Motion Picture
Daily, Inc. Address all correspondence to
the New York Office. Other Quigley pub-
lications: MOTION PICTURE HERALD,
BETTER THEATRES, THE MOTION
PICTURE ALMANAC and THE CHI-
CAGO AN.
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Building, Vine and Yucca Streets, Victor
M. Shapiro, Manager; Chicago Bureau: 407
South Dearborn Street, Edwin S. Clif-
ford, Manager; London Bureau: Remo
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Bruce Allan, Representative. Cable address
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tive; Moscow Bureau: Civtzev Vrazhek
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dress: "Samrod, Moscow."
Entered as second class matter, January
4, 1926, at the Post Office at New York
City, N. Y., under Act of March 3, 1879.
Subscription rates per year: $6 in the
Americas, except Canada $15 and foreign
$12. Single copies: 10 cents.
New Capital Setup
For RCA Ready Soon
A recapitalization plan for RCA
may be offered for consideration at a
meeting of the board of directors next
week, it was learned yesterday. The
proposal provides for replacement of
preferred B stock by a new $2.50 con-
vertible preferred, which would be
exchanged on a share-for-share ba-
sis, each preferred holder also re-
ceiving two shares of new common.
Common stockholders would receive
one share of the new for each two
of the old.
It is understood that should the
plan be adopted it would make pos-
sible elimination of the junior pre-
ferred issue, which, it is felt, would
simplify the corporation's capital
structure.
Thomas at Detroit Start
Detroit, Dec. 12. — Harry H.
Thomas, president of First Division,
will arrive here tomorrow to com-
plete arrangements for the opening of
his new exchange on next Monday.
Milton E. Cohen, for six years sales-
man for Columbia, is manager. Clive
Waxman, former booker for United
Artists, will be booker, and Fred Nu-
gent, several years ago with M-G-M,
will be state salesman.
Jack Fier in Town
Jack Fier of Mascot is in New York
from Hollywood and expects to leave
bv the end of the week.
Four Mass. Houses,
One R. I. Damaged
Boston, Dec. 12. — Damage was
suffered by four theatres early today
when time bombs went off almost si-
multaneously in the Tremont and Ma-
jestic here, the Capitol, Lynn, and
the Capitol, Pawtucket, R. I. The
Boston houses are operated by Fred
Leiberman ; the others, by Loew's.
The only casualties were at the Ma-
jestic, where two scrubwomen were
slightly bruised. Labor trouble was
given as possible cause of the bomb-
ings.
The Tremont and Majestic held
their regular shows today. The dam-
age to each was confined mostly to
the exterior. The latter was re-
opened less than a week ago as a pic-
ture house. The other two houses also
gave shows tonight.
A fourth Massachusetts theatre, the
Olympia, Somerville, also oper-
ated by Loew's, suffered $6,000 loss
in a fire at noon today. An investi-
gation by state and local authorities
traced the cause of the blaze to a
short circuit, definitely eliminating the
fear that the house might have been
another target of bombers.
Skouras Deal So Far
Without Signatures
The joint operating contract be-
tween Spvros and Charles Skouras
and National Theatres was not
signed at a late hour last night. Al-
though Charles planned to leave for
the coast on Saturday he may now be
delayed. Yesterday the brothers dis-
cussed a product deal with Al Licht-
man of United Artists for Fox West
Coast.
Majors Win Tax Ruling
Olympia, Wash., Dec. 12. — Para-
mount and five other majors won
a court victory here today when
Superior Court Judge Wilson ruled
that taxes applied to gross revenues
were a burden upon interstate com-
merce in violation of the Federal Con-
stitution. Taxes totaling $3,000 were
involved.
Ampa Meeting Closed
Completion of arrangements for the
Christmas party to be held at the
Astor Dec. 20 will be the principal
business to come before a closed meet-
ing of the Ampa at the Motion Picture
Club todav.
New Producing Plan
Denied by Griffith
Portage, Wis., Dec. 12. — T. H.
Cochrane of this city and Harry E.
Aitken, former Milwaukeean, part-
ners with John Freuler in the former
Mutual Film Co., say they are plan-
ning to return to producing with a
new version in sound of "The Birth
of a Nation" under the direction of
D. W. Griffith.
After the dissolution of the Mutual
company, Aitken stayed in pictures
and started the Triangle Co., but he
has not been active in recent years.
When asked by Motion Picture
Daily to comment on the new com-
pany yesterday, D. W. Griffith said
that this was the first he had heard
of such a project and that he was in
no way connected with it.
Ezell Will Succeed
Richardson with "U"
John Ezell, Universal manager in
Atlanta, succeeds W. M. ("Snake")
Richardson as district manager in
charge of that city, New Orleans,
Charlotte and Memphis.
C. T. Jordan, for eight years a
salesman for "U" in Atlanta, succeeds
Ezell as manager of that exchange,
both promotions becoming effective
Dec. 17.
Richardson, as noted, has joined
First Division as southeastern district
manager after almost 20 years with
Universal.
/. T. O. A. Meets Today
Because Harry Brandt, president,
was tied up at labor conferences with
circuit heads and officials of the
I. A. T. S. E., the I. T. O. A. regular
meeting, scheduled for yesterday, was
put over until today.
"Copperfield" Set Back
"Forsaking All Others" will go
into the Capitol Christmas week in
place of "David Copperfield," which,
it was learned yesterday, will not be
readv for release at that time.
Now "Okay Argentina**
Hollywood, Dec. 12. — Fox has
changed the title of "Adios Argen-
tina." to "Okay Argentina." Lou
Brock will produce.
Trading Light on Big Board
Hie-h Low Close
Columbia Pictures, vtc 3854 3754 3754
Consolidated Film Industries 4V£ 4 4%
Consolidated Film Industries, pfd 17% 17% 17%
Eastman Kodak 112 11154 1113^
Fox Film "A" 1354 1356 135*
Loew's, Inc 34% 345* 34%
Paramount Publix 35* 3 354
Pathe Exchange VA 1 1
RKO 1% 1% 1%
Warner Bros 4% 454 454
Net
Change
- 54
Trans Lux Up Eighth on Curb
Hi<rh Low
Technicolor 1354 13^
Trans Lux 25* 2
Net
Close Change
135*
25* + 5*
Paramount F. L. Bonds Jump Two
High Low
General Theatre Equipment 6s '40 854 854
General Theatre Equipment 6s '40. ctf 85* 85*
Loew's 6s '41. ww deb rights 10444 10454
Paramount Broadway S54s '51 44 44
Paramount F. L. 6s '47 6354 6154
Paramount Publix 554s '50 6354 6054
Warner Bros. 6s '39, wd 595* 59
Close
854
m
104%
44
6354
6354
59
Net
Change
- 54
+ %
+ 54
+2
+254
- 54
Sales
200
400
800
400
400
135
5.700
1.000
7,500
3,800
Sales
400
300
Sales
2
1
14
1
55
51
4
< Purely
Personal ►)
MIKE CONROY, eastern divisioJ
manager, and Bert Sanfori>J
northeastern divisional manager on
Erpi, left last night on a business tour]
of New England.
Jack H. Skirball, Educational I
sales manager, left by plane for Chi-I
cago yesterday to visit the Fox ex-|
change and call on his company's ac
counts there.
Leon Garganoff, producer of "The
Battle," will go to the coast to look
over production and talent for his
next two pictures before returning to
France.
Ian Hunter, English actor signed
by Warners, arrived in town yesterdaj
on the Paris and will leave immedi
ately for a role in "A Midsummer
Night's Dream."
William J. Clark and Sol Ed-
wards, Educational sales executives
are on tours of Fox exchanges. The
former will cover the middle west am
south ; the latter, the east.
W. B. Rayton of Bausch & Lomr
will deliver a paper on optical lenses
before the S. M. P. E. at its meeting
in the Hotel Pennsylvania next
Wednesday night.
Harry C. Cohen, RKO western di
vision manager, received a wrist
watch from his branch managers oi
his birthday this week.
Felix Feist, Honolulu and Holly
wood behind him, rates his condition
chiefly mental, at about 92 per cent
There he proposes keeping it.
B. P. Schuleerg, who arrived fron
the coast Sunday, expects to spew
many of the winter weeks in New
York.
Zoe Atkins arrived in town yes
terday from Universal City to conduc
rehearsals for her forthcoming plav
"The Old Maid."
Adolphe Menjou and Vereei
Teasdale are here on a belated honey
moon. They plan to be in town abou
10 days.
Frank Jacquet, who has been oi
the stage for 30 years and has alsc
been doing radio sketches, has his firs
screen role in "War Is a Racket."
Grad Sears and Mrs. S. wall fly ti
the coast shortly and then take a boa'
to Hawaii. Naturally, a vacation.
Mildred Ginsberg is in town fron
Hollywood. Husband Henry ma\
come on later.
Douglas Fairbanks, Sr., arrivec
in town yesterday from the coast by
plane on business.
Paul Muni, accompanied by Mrs
Muni, leaves the coast by boat foi
here Saturday, arriving Jan. 1.
John Cosentino, special represent
ative for Amity Pictures, began
midwestern trip j^esterday.
Tom Shanley has joined George
M. Dallas & Co., certified public ac
countants.
Paul Sloane hit town from Holly
wood yesterday.
Boris Petroff heads west the enc
of the week.
Julius Klein is back from Wash i
ington.
Al Lichtman has delayed his trii
to the coast a few days.
THE PICTURE OF THE WEEK •
Admittedly preeminent in the production of mysteries, Warner Bros, now
take to the air for the fastest action effects they have ever delivered in this type
of show. We're inclined to agree with their advertising which recommends
that you "keep your eyes on the skies for the greatest thrill on earth" —
"MURDER IN THE CLOUDS"
starring Lyle Talbot, Ann Dvorak, Gordon Westcott in an expert cast of 14, skill-
fully directed by D. Ross Lederman. A First National Picture. Released Dec. 15th.
4
MOTION PICTURE
DAILY
Thursday, December 13, 1934
Good Music, Clean Comedy,
Better Times Seen On Way
1st Div. and
Wardour Deal
Is Confirmed
(Continued from page 1)
in the film version of "Mary Read,"
played the Empress Elizabeth in
"Catherine the Great."
* # #
Fred Bernhard's British circuit,
Union Cinemas, Ltd., is to raise $1,-
250,000 extra capital by the issue of
50,000 ordinary, shares of $5 and 200,-
000 $5 seven per cent preference
shares.
Theatres in the West End of Lon-
don remained open until 3 A.M. on
the occasion of the wedding of the
Duke of Kent and Princess Marina
of Greece.
Special editions of news reels
showing the wedding festivities were
shown at all of them, and aeroplane
delivery services were organized by
the newsreel companies in order that
leading provincial theatres should
also be able to show the films the
same evening.
G. B. not only provided the wed-
ding film as an extra to all subscrib-
ers, but offered a free copy to all
exhibitors contracting for Gaumont
British News in the future.
Frisco Police Probe
Production Project
San Francisco, Dec. 12. — San
Francisco police, the Better Business
Bureau and the State Labor Com-
missioner's office have investigated
the plans of S. A. Hedding1 and
Walter Irving to reopen the old Graf
studios in San Mateo, it is revealed
by Arthur Johnson, attorney for the
labor commission. The two men had
opened offices in a downtown hotel
and announced plans for the launch-
ing of a $1,500,000 film production
program a few weeks ago. Johnson
says the men have disappeared.
The Better Business Bureau, the
police and the labor commissioner's
office were drawn into the case when
Bert Russell filed a complaint with
the labor commission alleging that he
had been offered his pick of jobs if
he would invest $1,000 in the venture.
Blank Payment Ordered
Des Moines, Dec. 12. — Payment of
a dividend of 15 per cent to creditors
has been ordered by the referee in
bankruptcy for A. H. Blank Theatres
Corp. The final report of the trustee
for the corporation has just been ap-
proved, showing $311,150.24 left for
distribution to creditors and court
costs after payment of preferred
claims.
Small Party Off Saturday
Edward Small, Sam Wood, Lillian
Hellman and Louis Weitzenkorn
leave for the coast Saturday. Miss
Hellman and Weitzenkorn are writ-
ers recently signed while Wood will
direct two for the company. David
Freedman, who will write an original,
will remain here.
By WINFIELD SHEEHAN
(.Continued from page 1)
from all nationalities, offer novel, dis-
tinct types and compelling, interesting
personalities to the film world.
The campaign to eliminate certain
questionable elements from motion pic-
tures will result in 1935 in a marked
improvement in the quality of screen-
plays through the efforts of producers
to maintain a high moral tone and in-
creasingly fine quality dialogue in their
pictures.
I believe new theatre attendance
records will be obtained during 1935
as a result of improvement in quality
and moral character of moving picture
entertainment.
Sheehan's Trip Here
To Testify in Suit
Winfield Sheehan's current trip east
is occasioned by his impending en-
trance into the witness box in a suit
filed by James N. Cleary, Fanny
Lurie and Gustave Oppenheimer
against Pox Film and Chase National
Bank. The trial is now under way
before Judge Roseman in the N. Y.
Supreme Court and involves financing
deals several years old and embracing
Fox Film. Most of the defendants
are, or were, identified with Chase
National Bank, counsel for which is
defending the action.
Fox to Make uRamona"
Hollywood, Dec. 12. — A talking
version of Helen Hunt Jackson's
"Ramona" has been set at Fox for
production early in the spring. John
Stone will produce. This will be
the third time the picture has been
filmed. Mary Pickford made it in
1916 and United Artists produced it
as a silent in 1927 with Dolores Del
Rio and Warner Baxter.
Silverberg Hurt in Fire
Detroit. Dec. 12. — Harris Silver-
berg, local representative of National
Screen Service, suffered a broken leg
and other serious injuries when fire
destroyed the Kerns Hotel, Lansing,
with a heavy death toll. Silverberg
leaped from a third-story window.
To Set Film Board Slate
Final nominations and elections of
the New York Film Board of Trade
will be held next Wednesday evening
at the organization's headquartejs in
the Paramount Bldg. All branch
managers will attend.
Ann Harding to Rest
Hollywood. Dec. 12. — Ann Harding
will not make another picture for
Radio for another six months, having
decided to rest up and recuperate
from a run down physical condition.
No definite vehicle has been lined up.
Putnam on the Coast
Hollywood, Dec. 12. — George Pal-
mer Putnam, New York story head
for Paramount, has arrived here for
conferences with studio executives.
Putnam will be here for about 10 days.
By JACK COHN
(Continued from page 1)
ment, whether great or small, rapid or
slow-growing, must inevitably be felt
at theatre box-offices and re-echo
throughout the entire industry.
As nearly as can be determined at
this time, I believe American produc-
tion for the year will fall into three
definite channels :
First, the better class of musicals.
Second, a type of picture that may-
be best described as down-to-earth
drama, dealing with the affairs of
people to be encountered, or observed
in every-day life. This does not imply
that either the story, or the locale in
which it is enacted should be of a
sordid character. Quite the reverse,
there will be a definite and quite
proper effort to avoid the sordid.
Under the third heading should be
included a form of out-door story with
most of the action in the open, a light
romance for background and no great
social problem touched upon.
More than ever before I think the
American people are looking to the
screen to provide entertainment. A
story unfolded in a sordid or depress-
ing atmosphere or having an unhappy
ending is no longer hailed as enter-
tainment— present hour psychology is
against it.
Calls It Sound Policy
As a matter of fact, the principle in-
volved has always been a sound one
for guidance in the field of production,
but unhappily the industry has all too
frequently seen fit to disregard it, pos-
sibly due to the influence of the legiti-
mate theatre catering to limited hand-
picked audiences.
Antithetically, the costume picture
never will become permanently popu-
lar in the United States, and there is
no reason to believe that this old estab-
lished condition has, or will be
changed. This because the type of
person seen in costume plays or
stories is too foreign, too remote from
our own experience. Occasionally the
industry has been misled by the popu-
larity of some single costume picture,
but attempts to accept such individual
popularity as indicative of a changing
trend and to follow up the production
with others has proved disastrous.
For reasons somewhat similar grand
opera, too, may be dismissed as afford-
ing no great promise of motion pic-
ture material. Primarily, the majority
of opera legends are sordid. A great
many of the operas of the standard
repertoire with which the world is
most familiar end unhappily, and most
of them constitute an invitation if not
a challenge for the censor to step in
and get busy. There is not the
slightest reason to anticipate that a
public demand exists in this country
for this type of entertainment on the
screen. Nevertheless, I gravely fear
that the industry will plunge into
opera production. If it follows, the
result will be disastrous, in my opinion.
Christmas Party Set
The 11th annual Board of Child
Welfare Christmas Party will be held
at the Capitol Friday morning, Dec.
28, under the auspices of the Board of
Child Welfare. Louis K. Sidney, pro-
duction head of the theatre, is super-
vising the stage show.
Wanger Also
Up for Para, j
Studio Post
(Continued from page 1)
would become operative if and whe i
the rehabilitation plan i.s approved h
federal court here, are described ai
of an "open mind" on the question.
There is a possibility that other
candidates may enter the lists, but,
as the situation now stands, the choice i
will be made between Wanger, one-
time general manager of Paramount
production, and Schulberg, who alsoj
has held that identical post and title.;
Wanger Non-Committal
Hollywood, Dec. 12. — Commenting
on reports that he was being consid
ered as a possible production head for
Paramount, Walter Wanger said to-!
day that at present he is interestec !
only in making six pictures for Para-
mount and also interested in seeing
Paramount's reorganization success- 1
fully carried out to the best interest:
of his setup and all others concerned .
No overtures have been made t(
him to head production, he said, anc
until such are made he can't say wha
his decision would be. His second pic \
ture, "Private Worlds," starring
Charles Boyer, starts within twc
weeks.
Royal, Kansas City,
Is Dropped by Para
Kansas City, Dec. 12. — Afte
continuous possession of the Royal fo
eight years, Paramount has failed ti
renew the lease and has turned th
theatre back to the owner.
Once Kansas City's ace first rui
the Royal has been opened and close
several times in the last few year;
Dropping the Royal has reduce^
Paramount's one-time string of the
atres in this territory to one, th
Newman, Kansas City first run.
Omaha Men Worry
Over a Censor Bil
Omaha, Dec. 12. — First of th •
feared censorship bills has been coi
cocted by an Omaha state represer
tative for the coming legislative ses
sion at Lincoln, film men have bee;
told. Circuit managers and exhib
tor groups are scheduled to meet her
within two weeks to conclude a pre;
gram for combatting legislative mov<
toward censorship measures an
sales taxes.
Warner Men Departint
D. E. Griffith, managing direct(
for First National in Great Britai
departs for London tomorrow aboai
the Paris. Ralph Clark, manager fi
Warners in Australia and New Ze
land, accompanied by his wife and so
leaves for the coast today. He w
sail for home after a week there.
New Coast Agency
Holly-wood, Dec. 12. — Mary Bart'
formerly in charge of fan magazii
contacts at Columbia, has resigned
launch an agent's office with her hu
band, X. Martin Smith, who was fo
merly in the nublic relations field.
Thursday, December 13, 1934
MOTION PICTURE
DAILY
See Voluntary
Codes Aim of
Government
(Continued from page 1)
(deliberation with Donald Richberg,
executive director of the National
Emergency Council, and other ad-
visers, and study of the opinion of
the U. S. Supreme Court in the first
cases involving the XRA to come be-
fore it.
The opinion of the court will not
be rendered until some time in Janu-
ary, it is anticipated, so that while
the President may be expected to refer
to the situation in his message to
Congress next month the actual legis-
lation will not be submitted until
later.
Several tentative drafts of the
measure have already been prepared
by economists, one or more of which
will be the basis of the new act. In
general, these drafts provide for the
retention of the present labor pro-
visions of Section 7A, possibly clari-
fied for purposes of easier adminis-
tration, and the child labor prohibition,
but vary in their treatment of trade
practice provisions.
A belated realization that the U. S.
Supreme Court is likely to frown
upon the use of compulsion to secure
adoption of agreements designed to be
voluntary has led high officials of the
Administration to a decision to have
the codes of fair competition purely
cooperative and to abandon "mailed
fist" tactics such as are now said to
be followed with respect to the to-
bacco industry, which has been told to
get under a code without further de-
lay.
Say Some Want Codes Kept
That there are a number of indus-
tries which would be glad to have the
codes abandoned is admitted, but it is
declared others are equally anxious
that they be continued, although in
practically every latter instance it is
admitted that changes could be made
with direct benefit.
Further, it is said, officials fear that
the freedom to abandon a code with-
out formality would lead to an epi-
demic of unrestrained competition,
which would nullify whatever gains
have been made in the past year.
Nevertheless, there is a distinct
feeling that where a great majority of
an industry dislikes its code it should
be relieved. Just how this would be
accomplished has not been worked out,
but it would probably be by vote, on
the basis of number of establishments,
production, capital investment, or such
other method as would insure fair rep-
resentation.
In the case of the film code, one
branch of the industry could in this
way drop its agreement while another
branch could continue, because of the
fact that each branch of the industry-
has, in effect, a separate code, al-
though all are in one document.
Whether this possibility would eventu-
ate, however, is largely dependent
upon the form the new act will take.
Organized labor will bitterly op-
pose any easing of the Industrial Re-
covery Act, it was declared today by
W illiam Green, president of the A. F.
of L.
The legislative program of the or-
ganization, it was asserted, will in-
clude demands for enactment of a 30-
hour week law ; passage of an indus-
trial disputes act outlawing company
unions and continuing the National
Labor Relations Board; old age pen-
sion and unemployment insurance leg-
islation and extension of the Recov-
ery Act.
In connection with the code law-
labor will propose retention of Sec-
tion 7A providing for collective bar-
gaining, abolition of child labor,
elimination of unfair trade practices
and equal representation of labor with
industry upon code authorities and in
the administration of the act.
"Labor will oppose any relinquish-
ment of governmental supervision and
control over the development, appli-
cation and administration of industrial
codes of fair practice," it was de-
clared.
New Code Setup Is
Outlined by Allied
(Continued from paqe 1)
his hearers to submit ideas for a sub-
stitute pact.
The resolution outlined a Code Au-
thority on which buyers and sellers
would be equally represented, with the
former all independents with no af-
filiations and the latter all affiliated
exhibitors, three government, repre-
sentatives to be included in the mem-
bership. Under the plan Code Author-
ity would investigate unfair charges
and make a report on necessary
changes within 90 days.
Grievance boards of five — two sell-
ers, two buyers and a government
representative — are called for in the
resolution, while the clearance and
zoning boards would consist of seven
— three sellers, three buyers and one
government man.
Sidney Samuelson told the directors
the annual feature product had been
cut down in 12 years from 800 to 350
with a resulting contraction of dis-
tributing companies from 25 to eight.
He commended the Legion of Deceno
campaign.
Henry Lazarus delivered an attack
on the treatment of New Orleans in-
dependents by code boards here and
said that John C. Flinn, Code Author
ity secretary, should remove the
members.
There was proposed a new consti-
tution calling for a president, a board
of directors and all other officers as
at present, with all directors to be
elected. The proposal also provides
for the appointment of an executive
committee of three to seven members
which w-ould be invested with broad
powers.
Under the revised constitution the
president would appoint the vice-presi-
dent and a single meeting a year would
be held, with the next one in Wash-
ington in January . The new docu-
ment must be ratified by each unit.
It was revealed at the session a seal
would be designed to be placed on the
houses of all Allied members in good
standing as a means of letting patrons
know they are attending independent
-.heatres.
Fifteen out-of-town exhibitors an-
swered the call today for the organiza-
tion of a new booking combine, an an-
nouncement on which will be made
later.
Rosenblatt Is Praised
In a resolution sent to both Presi-
dent Roosevelt and Compliance Direc-
tor Sol A. Rosenblatt, Campi ex-
presses gratification and appreciation
I of the former division administrator.
Rosenblatt Drops
Dispute on Coast
(Continued from paqc 1)
again on the matter, he stated yester-
day, prior to his departure to Wash-
ington after conferring with local cir-
cuit and independent leaders and labor
officials.
"I have never read so many wild
stories coming from Hollywood as I
did about my trip there," he said.
"All sorts of stories have been printed
in the coast papers and practically all
of them are wet."
Rosenblatt plans to be in New York
again next week for additional con-
ferences on the local labor situation.
Commenting on John C. Flinn's in-
crease in salary last week, Rosenblatt
stated that "it is a meritorious and
will deserved increase. I think he de-
serves it."
Asked about reports which had him
slated for a raise, Rosenblatt stated
he hadn't heard of a hike in his pay
and that salary meant nothing to him
while he was working for the NRA.
Mier on Own in Mexico
Mexico City, Dec. 12. — Felipe Mier,
former Warner manager here, has en-
tered the distribution field on his own
releasing Mexican-made pictures
throughout Mexico. His initial re-
leases will be the productions made
by Jose Bohr, Argentine actor, not
unknown to Hollywood, who has
turned producer in Mexico City.
5
"Bunk, Fake,"
Is Comment on
Ending Code
(Continued from paac 1)
:mote me as saying that and nothing
else."
Apparently upset over the story, he
then stated that he should have been
queried on the story before it was
printed. After his nerves had settled
to the point where he could give seri-
ous thought to the request for a state-
ment, the compliance director added :
"While I do not attempt to predict
what Congress will do, it will pro-
vide for a permanent form of NRA.
Certainly a safe conclusion to make is
that workable codes will not be dis-
turbed and particularly those relating
to industries in or affecting interstate
commerce, such as the motion picture
industry."
Executive Secretary John C. Flinn
was considerably annoyed over the
yarn and refused to give it much
credence. He declared it a "lot of
bunk" and "a fake."
Ann Sothern Re-Signed
Hollywood, Dec. 12. — Colum-
bia has written a new long term con-
tract for Ann Sothern calling for a
tilt in salary.
CONTRACT
THE
MARCH
of TIME
MOTION PICTURE
DAILY
Thursday, December 13, 193*
Loew's Demand May
Delay N. H. Action
(Continued from page 1)
protection and for the past few months
has been playing pictures at the Col-
lege under the protection objected to
by independents. According to the
schedule, it was declared, Loew's can-
not even play day-and-date.
The College, a second run house,
is one of the group acquired by Loew's
from Poli last year. The local clear-
ance board voted against Loew's at the
time the schedule was promulgated
and the circuit now is taking its fight
to Campi. Certain members of Code
Authority are prepared to vote
Loew's down. This is the only serious
kink in the whole schedule.
As far as the Kansas City schedule
is concerned, a solution to the price
war may be evolved today when
Campi recommends a seven-day
penalty for each reduction of .five cents.
This plan, it is believed, will enable
theatres pegging prices to benefit on
release dates. Otherwise the plan is
well in hand as far as Campi is con-
cerned.
Other issues to be discussed today
involve the releasing problem in Chi-
cago where distributors refuse to book
to independent theatres in the neigh-
borhoods 14 days after first run down-
town houses : the Leonia, Leonia,
clearance complaint against Skouras,
Loew's, et al, which has been kicked
back and forth between the New York
board, Campi and a special clearance
committee appointed by Code
Authority.
Looking 'Em Over
"American" Stories
Draw Best — Berman
Chicago, Dec. 12. — Pandro Ber-
man, Radio producer, on his way east
with J. R. McDonough to look over
some New York stage properties, said
during a stopover here that the Amer-
ican public wants stories "fundamen-
tally American," such as "Little
Women." He expressed the belief
that "fireside" type of stories will con-
tinue popular.
Berman added that the American
public also wants actors of distinctly
American type and that New York
audiences are no accurate criterion as
to what sort of players the country
as a whole is interested in. To bear
out his contention he cited Will
Rogers.
Musicals continue in great demand
but the public is becoming more par-
ticular, Berman said, who added that
films of this kind have to be good
and must possess more than music to
click. He asserted this is borne in
mind by Radio when it produces a
musical.
Barrie Tale for Hepburn
Hollywood, Dec. 12. — Sir James
M. Barrie's "Quality Street" has
been chosen by Radio as Katharine
Hepburn's next vehicle.
Einfeld to the Coast
S. Charles Einfeld, advertising and
publicity director for Warners, leaves
for Hollywood Friday. He will be
gone a couple of weeks.
"U" Signs Jane Dixon
Hollywood, Dec. 12. — Jane Dixon,
stage player, has been placed under
long-term contract by Universal.
"The Iron Duke"
{ Gaumont British )
London, Nov. 30. — The first Gaumont British-Arliss vehicle regis-
ters another step up for British production. It is a series of fine spec-
tacles linked by a story which ingeniously exploits the human side of a
world figure whose humanity has heretofore had to be taken on trust.
True, there is very little "iron" in Arliss's duke and students of his
tory are unlikely to be thrilled by the spectacle of Arliss as Wellington
playing bears with the children, while the battle waits. There is, how-
ever, compensation for this and other sops to the sentimental in the
finely realistic scenes of the Battle of Waterloo, of the Brussels ball on
the eve of the battle, of the many conferences of diplomats and crowned
heads and of Wellington's historic speech in the House of Lords in
w^hich he warned his countrymen that they would "plunge a knife into
the heart of Europe" in insisting on heavy indemnities from France.
This scene, on which the picture most effectively fades out, is as good
as anything which has come from a British studio; Arliss, as in every
scene in which speech rather than action is demanded, is magnificent, and
the director, Victor Saville, also reaches his peak.
Saville scores heavily in the other scenes mentioned. That famous ball
of the Duchess of Richmond, from which the officers stole one by one
to rejoin their regiments ; the scene at the Paris Opera after the peace,
with one national anthem after another bringing the audience to its feet
as the kings arrive ; Wellington's pleas for a magnanimous peace in
Tuileries gatherings where everyone else is out for spoils — in these
and other historical scenes there is both pageantry and conviction. The
battle scenes — without Napoleon — are notable for the reproduction
of the charges of the Scots Greys, with Highlanders hanging to
their stirrup leathers.
There is a two-fold story interest. Wellington is shown as susceptible
to feminine hero-worship. His relations with the youthful Lady Frances
Webster are exploited by the Duchess of Angouleme, niece of the re-
stored Louis XVIII, and the real power behind the throne. She wants
to get Wellington out of the way in order that Marshal Ney shall be
executed. A London gutter journalist is bribed to publish a scandal
story and, while Wellington is in London clearing matters up, Ney is
shot. The resultant public outbreaks place the Duchess in Wellington's
hands and he compels her retirement and the selection of a new govern-
ment.
Arliss, once his conception of Wellington is accepted, will please all
his admirers. He presents the duke as a rather easy-going, humorously
disillusioned and designedly casual figure. The casualness — and the
sentimentality — could have been toned down with advantage, but as it
stands the portrait is one which only Arliss could achieve. He is at his
best in the great historical and legendary moments. There is excellent
support from Gladys Cooper as the Duchess of Angouleme, Allan Aynes-
worth as Louis XVIII, Edmund Willard as Ney, Franklyn Dyall as
Blucher and many others. Photography and sound are both brilliant.
"The Iron Duke" looks like good box-office anywhere. Apart from
the Arliss appeal it has a spectacular value which sets a new standard in
British films, it moves quickly and it has an outstanding climax.
Shown at the Tivoli, London. Running time, 90 minutes. Classifica-
tion: "G." (British Censor's Certificate: "U.") ALLAN
The Czar Wants to Sleep"
(Am kino)
A satire on czarism, "The Czar Wants to Sleep" is a moderately
diverting production from the Belgoskino studios of Russia. It is one of
the few Soviet pictures devised primarily for entertainment.
The film deals with Paul I. The producers have had a grand time
poking fun at the mad Russian monarch. The story revolves around an
imaginary character represented to the czar as a flesh-and-blood member
of his guard. The fellow is created when it becomes necessary to find
someone to blame for waking up Paul. The actual culprit (E. Gar in)
is an aide-de-camp who was forced into a shout by a pinch administered
by his sweetheart. The czar decrees that the non-existent guardsman
be sent to Siberia, but later orders that he be elevated to a major gen-
eral.
When Paul demands that Kijke, the name of the imaginary guards-
man, be brought before him, the perpetrators of the huge joke, to save
their own hides, tell him the man is dead. There follows a mock funeral.
The final stroke of irony comes when the czar makes Garin a gen-
eral.
Paul is played by M. Yanshin. The cast is competent. Alexander
Feinzimmer directed. Plenty of English titles. No code seal. Running
time, 88 minutes. "G."'
Fox Met. Plan Put
Over for 30 Days
(Continued from page 1)
plan, but the committee admitted v
the court that it had been unable t(
draw one.
Archibald Palmer, counsel for bond-
holders who have not deposited with
the committee, and Milton C. Wei
man, of Weisman, Quinn, Spett ai -
Allan, who claims to represent clain;?
totaling $5,778,000, objected to an)
further delay. Weisman asked the
court for a two-week postponement
luring which he was to draw up a
plan of his own. The court reminded
him that anyone could submit a plan
for consideration and adjourned the
.Tearing until Jan. 11.
Gains in Far East
Reported by Kelly
(Continued from page 1)
booking of the 1933-34 product in ISC
theatres in Australia. He said he;
made no changes in personnel.
In Australia, economic condition;;
are improving because of the in-
creased demand for wool, which na-jj
turally, is reflected in the box-of-i
fice. Wheat and dairy products are
also in demand, he said.
In Indo-China, there is a possibility!
of developing super-imposed versions!
for theatres because of their seven -
day a week operation when there is
only enough product now for fouiJ|
days a week.
No foreign production other than
that which was announced previously,]
will be undertaken by the company
Kelly stated. He added in some !
countries the local branches may take
on foreign pictures for their own con-
sumption. Europe was not touched |
by Kelly on this trip, he stated.
Business in Java is bad because the;
country is off the gold standard and
merchants cannot sell exports to ad-
vantage. The picture business has
fallen off 50 per cent as a result.
In China, the depression was felt in
1932 and this country is now getting
the reaction with business off from
30 to 40 per cent, especially in view
of the 20 per cent tax on silver.
Singapore is picking up and the rub-
ber and tin industries have increased^,
theatre business by about 15 per cent,
Kelly observed.
He declared that Japan and Aus-
tralia have extremely fine theatres on
a par with "B" houses here.
"We are getting stiff competition
from China and Japan," the U. A.
executive said. "Japan has made
from 200 to 300 pictures, many of
which are silent, for its 1,500 theatres,
400 of which are wired. Each of the)
producers makes from 30 to 40 talk-
ers annually and most theatres show
one sound and one silent picture on
the same program."
Kelly was given a ivory clock and
ink stand by company executives on
his return.
Casting Shows Continue
Hollywood, Dec. 12. — The Central
Casting Bureau shows for the purpose
of weeding out the registered list is
still going on. The extras, in their
best costumes, parade before the
judges — directors, casters and costume
designers — and an audience of about
2,000 sits in a theatre and watches.
The final show was staged tonight at
the Cathay Circle.
ursday, December 13, 1934
MOTION PICTURE
DAILY
'One Night"
Tops Seattle
In 5th Week
Seattle, Dec. 12. — "One Night of
>ve" made the best comparative
owing here despite the fact that it
is in its fifth week. It took $4,300.
er par bv $300. at the Liberty.
"College Rhythm" grabbed $7,100,
er the line by $100, at the Fifth
,'enue. Business elsewhere was off.
Total first run business was 33,000.
,-erage is $36,500.
Estimated takings for the w-eek end-
l Dec. 7:
"TRANSATLANTIC MERRY-GO-
ROUND" (U. A.)
BLUE MOUSE— (930). 25c-40c-55c. 7 days,
xtended run from Music Hall.) Gross:
SOO. (Average, $4,000)
"COLLEGE RHYTHM" (Para.)
- IFTH AVENUE— (2,450), 25c-40c-55c. 7
vS. Gross: $7,100. (Average. $7,000)
"ONE NIGHT OF LOVE" (Col.)
IBERTY— (1.800), 15c-25c-35c-50c. 7 days,
i week. Gross: $4,300. (Average. $4,000)
■GENTLEMEN ARE BORN" (F. N.)
WSIC BOX — (950) . 25c-35c-50c. 7 days,
oss: $3,100. (Average. $3,500)
ANNE OF GREEN GABLES" (Radio)
HUSIC HALL— (2,275), 25c-40c-55c, 7
vs. Gross: $6,000. (Average. $6,500)
"ST. LOUIS KID" (Warners)
ORPHEUM— (2,350), 25-35c. 7 days,
iideville headed bv Six Sakuros. Gross:
400. (Average, $5,500)
"PECK'S BAD BOY" (Fox)
"MENACE" (Para.)
•ARAMOU NT— (3.050), 25c-35c, 5 days,
oss: $3,300. (Average, 7 days. $6,000)
Jo Increases Near
In Ohio — Fishman
There is no tendency to increase
missions in Ohio, Jesse Fishman,
arner theatre division manager,
ited yesterday while here to attend
o code cases involving the circuit,
shman arrived and departed yes-
day.
''Industrial conditions in Ohio are
termined by the steel business,
eveland, Youngstown and Dayton
e the steel centers and theatre busi-
ss is influenced according to opera-
ins of the plants. When the plants
e active, theatre business is all right
d when some of the plants close,
siness falls off," he said.
Fishman stated that Nat Wolf, zone
anager, is getting along nicely and
ill be out of the Mt. Sinai Hospital
about two days. He said Wolf is
uch improved but staying in the
isoital for observation.
details of Sennett's
English Company Set
London, Dec. 4. — Preliminary de-
ils of Mack Sennett Prod., Ltd.,
visage a £350,000 company, made
i of five-shilling ordinary shares, of
n'ch 200,000 will be allotted to Sen-
tt. His agreement also includes a
e-year engagement as managing di-
ctor at £5,000 per annum. Six fea-
res and one special per year are
heduled, with a film featuring Scott
id Black, the England-Australia
"ers, definite.
A life insurance policy on Sennett's
e, for £250,000. is planned. The
>mpany schemes its own distribution
id estimates_a profit of £11,000 per
m, excluding European and Ameri-
n sales, and a £20,000 profit on each
iper. No details of directors or date
flotation.
Dickinson Ordered
To End Price Cuts
Charged with reducing admissions
below stipulated contract provisions.
Glen W. Dickinson has been ordered
to stop the practice in three instances.
On complaint of Clyde B. McAleer
of the Orpheum, Parsons, Kan., the
Dickinson L^ptown, same city, was
found violating the code and ordered
to stop. Dickinson appealed on the
ground that the complainant was do-
ing the same thing, but Campi disre-
garded this defense, inasmuch as the
complainant's action was no standing
in such cases.
The other two cases which Dickin-
son lost with the same defense are
C. A. Schultz, of the Strand, Cres-
ton, Iowa, against the Dickinson, same
city ; Ritz, Chillicothe, Mo., against
Dickinson, same city.
Cease and desist orders were handed
down in seven other appeals which in-
volved bank nights, and other meth-
ods tending to reduce admissions :
Denham and Ogden, Denver, against
Alladin, Rialto, Tabor, Bluebird,
Bide-A-Wee and Orpheum, for giving
away automobiles ; Lindberg, Kansas
City, Mo., against Westport, same
city, for admitting children for one
Wheatie box top and five cents ; Ori-
ental, Indianapolis, against Roosevelt,
same city, on country store night ;
Vogue, Kenosha, Wis., against But-
terfly, same city, for distribution of
photographs and other articles ; Tom
Steele, Midland, Pittsburgh, Kan.,
against J. A. Lenski, Cozy, same city,
on bank night; W. A. Leucht, Olive.
St. Joseph, Mo., against Frank Cassil,
Rialto, same city, on bank night ; H.
F. Kincey, Colonial, Winston-Salem,
N. C, against Ellis Blumenthal, Hol-
lywood, same city, for giving away
miniature automobiles to children.
Temporary Relief in
Operator Pay Made
(Continued from pane 1)
headquarters. Compliance Director
Sol A. Rosenblatt and his assistant.
Morris Legendre, attended the ses-
sions. _ The relief starts immediately
and will continue until a final plan
is worked out.
In the morning circuit heads in-
cluding Charles C. Moskowitz, Mar-
vin Schenck and Leslie Thompson
met with George Browne, president
of the I. A. T. S. E.. and his assist-
ant, Louis Krouse. At this session
several plans were submitted but not
acted upon, the understanding being
that another be drawn which will be
discussed at a subsequent session
next week. One of the plans pro-
vided for a booth scale based on . ad-
missions and seating capacity, An-
other schedule provided for the merg-
ing of local unions and elimination of
picketing.
Charles L. O'Reillv, president of
the T. O. C. C. and Harry Brandt,
president of the I. T. O. A., attended
both morning and afternoon sessions.
Poster Stamps Spreading
Chicago, Dec. 12. — Use of poster
stamps seems to be spreading. Stai
photos are becoming a vogue as part
of the movement, and the latest phase
of the stamp collectors' activity is the
formation of the National Poster
Stamp Society here to assist in col-
lection and exchange of poster stamps.
The new organization is headed by
Leon H. Lewis of this city.
Means Asserts Many
Favor K. C. Boycott
Kansas City, Dec. 12. — The great
majority of independent exhibitors
here still favor a boycott of distribu-
tors whose product is first run at
theatres which slash prices to ruinous
levels, stated Jay Means, president of
the I. T.~0.
Means said reports that he was re-
sponsible for starting the boycott
movement are erroneous. The idea,
it is said, originated with no one ex-
hibitor, but was the culmination of
general resentment over the nrice-
cutting at Loew's Midland.
The I. T. O. went on record as
favoring a boycott on motion of a
member other than Means. Definite
action was to deoend on support from
Fox Midwest, the dominant chain in
this territory. Midwest is reported to
have rejected the move since participa-
tion would affect its contractual obli-
gations.
Denying that he proposed the boy-
cott, Means said he was merely in
sympathy with the idea. All plans
relating to the boycott are in the
hands of a committee.
Amendment for New
Workers Up Dec. 21
Dec. 21 has been set for a public
hearing on an amendment to the code
relating to salaries paid new employes.
The amendment, in full, states :
"No exhibitor shall enter into any
agreement, directly or indirectly, for
services of any kind usually and cus-
tomarily performed by theatre em-
ployes directly compensated by exhib-
itors unless such agreement provides
that no person actually engaged in
rendering such service shall be em-
ployed under a lower standard than
provided for in the code ; provided,
however, that this provision shall not
apply if the agreement for services
was entered into in writing prior to
the effective date of this amendment."
Detroit Ordinances Hit
Detroit, Dec. 12. — -Theatre owners
are lining up opposition to two ordi-
nances pending before the City Coun-
cil. One provides no signs or mar-
quees can project over Woodward
Ave. after 30 days and the other puts
a ban on permits for special banners
and signs.
"Veil" Pulls
$20,000, Big
For the Hub
Boston, Dec. 12. — Totals held up
well after a busy holiday week, with
"The Painted Veil" winning top
honors, $20,000, at Loew's State. This
is $4,000 above average. "Flirtation
Walk," with $32,000, at the Metropoli-
tan, also grossed $4,000 above par.
"Anne of Green Gables" was good for
$3,000 above average at Keith's.
Advent of colder weather is ex-
pected to bring grosses to higher fig-
ures next week.
Total first run business was $109,-
000. Average is $94,000.
Estimated takings for the week end-
ing Dec. 6 :
"THE CAPTAIN HATES THE SEA"
(Col.)
BOSTON— (2,900), 25c- 50c, 7 days. Vaude-
ville. Gross: $17,500. (Average, $16,000)
"IT'S A GIFT" (Para.)
"PECK'S BAD BOY" (Fox)
FENWAY— (1,800), 30c-50c, 7 days. Gross:
$10,500. (Average, $9,000)
"ANNE OF GREEN GABLES" (Radio)
KEITH'S— (3.500), 25c-65c, 7 days. Gross:
$19,000. (Average, $16,000)
"THE PAINTED VEIL" (M-G-M)
LOEW'S STATE— (3.700), 35c- 50c, 7 days.
Gross: $20,000. (Average, $16,000)
"FLIRTATION WALK" (F. N.)
METROPOLITAN— (4,350), 30c-65c, 7
days. Stage: Ed Lowry, Geo Sidney and
revue. Gross: $32,000. (Average, $28,000)
"IT'S A GIFT" (Para.)
"PECK'S BAD BOY" (Fox)
PARAMOUNT— (1,800), 30c-50c, 7 days.
Gross: $10,000. (Average, $9,000)
Award Kutinsky 73
Features in Queens
Victorious in his overbuying com-
plaint against the A. H. Schwartz
circuit, Morris Kutinsky has been
awarded 73 pictures by the New York
grievance board. Through Louis
Nizer, his attorney, Kutinsky con-
tended that Schwartz had bought or
tied up all the product for the Queens,
Queens Village, L. I., leaving the
Community without first run films.
Schwartz will appeal.
Overbuying charges by the Roose-
velt, Beacon, N. Y., against the Bea-
con, same city, a Springer & Cocalis
house, were dismissed.
Exceptionally Fine For
Holiday Bookings
Z £\ RTOO MS
Real Headline Attractions
"JACK AND THE BEANSTALK"
' ALADDIN AND WONDERFUL LAMP"
"THE QUEEN OF HEARTS"
"THE HEADLESS HORSEMAN"
"DON QUIXOTE"
CELEBRITY PRODUCTIONS, Inc., 723 7th Ave., New York City
"THE BRAVE TIN SOLDIER"
"THE LITTLE RED HEN"
"PUSS IN BOOTS"
"VALIANT TAILOR"
"JACK FROST"
Vanishes' has everything that makes for
a bang-up movie . . . laughs, thrills, sus-
pense...with a timely and daring theme!''
A Walter Wanger Production
Directed by William A. Wellman
A Paramount Release
★★★ ★
'The President Vanishes' remains the most
violent, exciting . . . fearful film of this or any
other season. For a truly thrilling and intel-
ligent evening of rough-riding action, we
give it our unqualified recommendation!"
— Liberty Magazine
Motior
Picture
Industry
MOTION PICTURE
DAILY
Alert,
Intelligent
the In
in All
Branches
VOL. 36. NO. 140
NEW YORK, FRIDAY, DECEMBER 14, 1934
TEN CENTS
Stable Wages
Predicted As
New NRA Aim
Williams Says This Will
End Price-Fixing Need
Stabilization of wage levels will
liminate the need tor price-fixing in
he forthcoming revision of the NRA,
leclared S. Clay Williams, chairman
if the National Industrial Recovery
Doard. here yesterday in a talk before
he American Arbitration Ass'n. Wil-
iams is successor to Gen. Hugh S.
ohnson.
Compliance with wage provisions,
vhich will be retained in the new
CRA, he said, with the guarantee of
ollective bargaining, the ban on child
abor, regulation of hours of labor
nil prevent unfair trade practices.
Prevention of the driving of wages
lelow a fixed level, Williams said,
lad justified both the creation of the
(.Continued on page 10)
\gain Delay K. C,
New Haven Action
Kansas City and New Haven clear-
nce and zoning schedules were again
ut over yesterday by Campi for
Lirther study, this time until Dec. 27,
.hen Code Authority reconvenes. The
.oew situation in New Haven and the
rice war disturbance in Kansas City
eld up official action on the two
lans.
Mrs. Claire Boothe Brokaw, second
(Continued on page 10)
Ihio Sales Tax to
End Ticket Impost
Columbus. Dec. 13. — Governor
ieorge White today signed the three
er cent general sales tax bill as a
ubstitute for the three per cent state
idmission tax. which is thus sus-
ended for one year. The sales tax
ecomes effective Jan. 1.
The I. T. O. of Ohio, through its
ecretary, P. J. Wood, and G. W.
irdmann of the Cleveland M. P.
-xhibitors' Assn'., succeeded in elim-
lating the amusement tax, effective
an. 1.
Toan Crawford Gets
New Term Contract
Hollywood, Dec. 13. — Joan Craw-
Drd's contract with M-G-M has been
enewed for a long period. She is
cheduled to start work shortly in
No More Ladies."
"Greatest Period"- Warner ;
Th alb erg Says Films Te 11
By HARRY M. WARNER
President, Warner Bros.
The outlook of Warner Bros, and
its affiliated companies for 1935 is
optimistic with-
aut qualification.
The proof of
this lies in the
fact that we are
going to pro-
duce more pic-
tures than we
had planned for
the present pro-
duction season
and that we ex-
i A pect to expand
F / /7 .- our activities
/ 3/ . - A still further in
1 * * 1935-36.
I think the
chief reason why we have weathered
(Continued on page 7)
By IRVING THALBERG
Vice-President, M-G-M Studios
Hollywood. Dec. 13. — My predic-
tion is that the difference in the gross
between good
and bad pictures
is — and has
been for the
past four or five
years — an ever-
widening one. It
will continue so
to the point
where the
profits of the in-
dustry, and par-
ticularly of the
exhibitor, will
be gauged by
the number of
good pictures
made. I think that the time has now
(Continued on page 7)
Producer Acts
Illegal Under
Code — Myers
New Orleans, Dec. 13. — Every act
done by producers and producer-
owned theatres since the code was
formulated could be prosecuted under
the Sherman anti-trust law, charged
Abram F. Myers, Allied general coun-
sel, following the meeting of Allied
directors here.
The film code differs from others,
Myers declared, as it confers on Code
Authority and its regional boards the
power to adjudicate controversies be-
tween buyers and between independent
theatres and producer-owned theatres.
The extraordinary situation is pre-
sented, he said, of a judicial power
being conferred on a tribunal whereon
one party to virtually every contro-
versy has nine representatives to one
in the Code Authority personnel. The
(Continued on page 10)
Start Second Report
On Operator Scales
Members of the NRA fact finding
committee, appointed some time ago by
Compliance Director Sol A. Rosen-
blatt, are now working on a second
report, each member to make an in-
dividual study of the local booth situa-
tion for submission to Rosenblatt.
On Wednesday Rosenblatt met with
(Continued on page 10)
Comerford,
Saenger Near
To New Setup
Two of Paramount's most import-
ant theatre affiliations, the Saenger
circuit of 47 houses and the Com-
erford circuit of 61, moved closer to
final adjustment yesterday with the
submission of a plan of reorganiza-
tion for the former and Federal court
approval for a revised financial
agreement for the latter.
The plan of reorganization for
Saenger Theatres and Saenger Real-
ty, which includes a five-year operat-
ing contract for the circuit with E.
V. Richards, was taken under advise-
ment by Special Master John E.
Joyce following a hearing yesterday.
The plan provides for the organiza-
tion of a new Saenger company which
will issue a like amount of new bonds
to the holders of approximately $1,-
(Continued on page 7)
New Exhibitor
Setup Pushed
In Talks Here
ITOA and Allied Heads
Approached on Plan
Leaders of the I. T. O. A., Allied of
New Jersey and national Allied were
approached last week on the plan to
form a new national independent ex-
hibitor association, divided into Con-
gressional districts, with a leader for
every congressman. Exhibitor leaders,
according to the proposed plan, are to
form units within their states, it was
learned yesterday.
Two local organizations are under-
stood in favor of the new exhibitor
plan, which also provides for the use
of screens to disseminate propaganda.
Allied States discussed the plan at the
eastern directors' meeting in Atlantic
City last summer.
Sidney Samuelson at the time would
not comment on it. but indicated that
the three-point legislative program
would be pushed via the Congres-
sional route. Allied, at the convention,
(Continued on page 7)
Pre-Holiday Slump
Hits Broadway Hard
Box-office grosses along Broadway
last week took a nosedive as the pre-
holiday slump hit attendance at all the-
atres.
Second week of "Broadway Bill" at
the Music Hall was able to get only
$69,300, while the third week of "Imi-
tation of Life" at the Roxy garnered
$22,000.
Ask Allied Owners
To Hit Para. Plan
A motion that the trustees of Allied
Owners Corp., Stephen Callahan,
Percival Jackson and William Greve,
be instructed to appear in opposition
to the Paramount Publix plan of re-
organization at the hearing before
Federal Judge Alfred C. Coxe, Dec.
27, was made by Archibald Palmer,
counsel for Allied bondholders, at a
hearing of objections to Allied's own
(Continued on page 7)
Bank Nights Placed
Under Ban in Iowa
Des Moines, Dec. 13. — Bank
nights and lotteries have been brand-
ed as illegal by the state attorney
general's office.
Declaring bank nights have the
three essential elements of consider-
ation, chance and prize, Walter Ma-
ley, first assistant attorney general,
(Continued on page 10)
Total N. E. Bombing
Damage Is $15,000
Boston, Dec. 13. — Total damage by
bombing to four New England the-
atres between four and five o'clock
yesterday morning, will not exceed
$15,000, managers state. By far the
(Continued on page 10)
MOTION PICTURE
DAI LY
Friday, December 14, 1934
MOTION PICTURE
DAILY
(Registered U. S. Patent Office)
Vol. 36 December 14, 1934 No. 140
Martin Quigley
Editor-in-Chief and Publisher
MAURICE KANN
Editor
JAMES A. CRON
Advertising Manager
Published daily except Sunday and holi-
days by Motion Picture Daily, Inc., sub-
sidiary of Quigley Publications, Inc.,
Martin Quigley, President; Colvin Brown,
Vice-President and Treasurer.
Publication Office: 1790 Broadway, New
York. Telephone Circle 7-3100. Cable ad-
dress "Quigpubco, New York." All con-
tents copyrighted 1934 by Motion Picture
Daily, Inc. Address all correspondence to
the New York Office. Other Quigley pub-
lications: MOTION PICTURE HERALD,
BETTER THEATRES, THE MOTION
PICTURE ALMANAC and THE CHI-
CAGOAN.
Hollywood Bureau: Postal Union Lite
Building, Vine and Yucca Streets, Victor
M. Shapiro, Manager; Chicago Bureau: 407
South Dearborn Street, Edwin S. Clif-
ford, Manager; London Bureau: Remo
House, 310 Regent St., London, W. 1,
Bruce Allan, Representative. Cable address:
"Quigpubco, London"; Berlin Bureau:
Berlin - Tempelhof , Kaiserin - Augustastrasse
28, Joachim K. Rutenberg, Representative;
Paris Bureau: 19, Rue de la Cour-des-
Noues, Pierre Autre, Representative; Rome
Bureau: Viale Gorizia, Vittorio Malpassuti,
Representative; Sydney Bureau: 102 Sus-
sex Street, Cliff Holt, Representative; Mex-
ico City Bureau: Apartado 269, James
Lockhart, Representative; Glasgow Bureau:
86 Dundrennan Road, G. Holmes, Repre-
sentative; Budapest Bureau: 3, Kaplar-u,
Budapest, II, Endre Hevesi, Representa-
tive; Moscow Bureau: Civtzev Vrazhek,
N. 25, Apart. 146, Moscow, U. S. S. R.,
Bella Kashin, Representative. Cable ad-
dress: "Samrod, Moscow."
Entered as second class matter, January
4, 1926, at the Post Office at New York
City, N. Y., under Act of March 3, 1879.
Subscription rates per year: $6 in the
Americas, except Canada $15 and foreign
$12. Single copies: 10 cents.
Insiders' Outlook
Johnsons in Boston
Boston, Dec. 13. — Along with their
new air pictures of Africa, the Mar-
tin Johnsons will apear in person
at the Tremont Temple Friday and
Saturday. They are booked by
Aaron Richmond, who has reopened
the house.
Tickets at Premium
With less than 200 of 1,300 tickets
left for the annual Ampa Christmas
dinner at the Astor next Thursday,
there will be no tickets available at
the door, Paul Benjamin, chairman of
the committee, stated yesterday at the
regular meeting of the association.
Mary Curtyn to Wed
Hollywood, Dec. 13. — Mary Cur-
tyn, Harry Brand's assistant at
United Artists, is engaged to J. Ar-
thur McLoughlin of Illinois. No date
has been set for the wedding.
Bayonne House Burns
Bayonne, N. J., Dec. 13. — The Em-
bassy, owned by Seligman and Ulysses,
was destroyed by fire yesterday.
f2.G00.OOO SPECTACLE
OH biatishJalkie
FOR RIGHTS AND <
BOOKINGS APPLY
Eureka Prod. Inc. ,'
723 7th Ave.. N.Y.C.
TNTERESTING, very interest-
ing, as a prospect to consider
in connection with the William
Fox Tri-Ergon developments is
the possible improvement in sound
recording and reproducing which
may result from the more or less
feverish, behind-the-scenes ac-
tivities in the Bell and RCA
laboratories at the moment. No
longer is it a secret that both
have been under orders for some
months past to have substitute
devices for the flywheel and
double print patents in readiness
— just in case. . . .
T
Ideas for filling the orders have
been invited and are being re-
ceived by the two laboratories
from all over the world. They
filter through two or three key
men in each laboratory. Most of
them are worthless and go into
the discard. Yet out of the great
volume of ideas received and out
of the pressure under which the
brain men are working, may
come not only the usable substi-
tute devices which the labs are
under orders to deliver by Feb.
1, but also the technical basis
of radically new sound equip-
ment. . . .
T
The electrics' contracts stipu-
late only that they must supply to
their licensees in the event of
an unfavorable Supreme Court
ruling substitute equipment "as
good as" that which would have
to be replaced. Sound engineers
do not regard this as a difficult
assignment, either in the case of
the flywheel or the double print-
ing system. If the high court
decision is unfavorable, substi-
tute devices will be ready.
There is great confidence on this
score. . . .
T
What is intriguing about the
current effort, however, is the
possibility, not viewed as vision-
ary, that from the present re-
search and experiment may come
something considerably more sig-
nificant and valuable — to the in-
dustry as well as to the electrics —
than substitute devices which are
only "as good as" those they re-
place. A single idea driven into
the laboratories by the Fox whip-
lash on the outside could revolu-
tionize sound both in the studio
and the theatre for the entire in-
dustry. The equipment companies
are aware of the opportunity fac-
ing them. Their policies are shap-
ing themselves accordingly. . . .
T T
Why do you do the things you
sometimes do? You make your
living from this industry and,
you, therefore, should protect it,
guard it from criticism. These
are some of the queries which
confront us from time to time in
order to confound us, the con-
fronting and the confounding be-
ing advanced by those who pre-
fer the perpetual Pollyannas and
because, we suppose, they can't
take it. Well, Arthur Brisbane,
that rising young editorialist, had
a birthday on Wednesday. It
was a fitting occasion for a lunch
at which the veteran newspaper-
man found himself discoursing on
what is a newspaper. . . .
Because, firstly, he makes our
stint in this area easier and be-
cause he supplied an answer to
questions as per above, we quote :
"What is a newspaper? A news-
paper is a mirror in which are
reflected events and human beings.
Don't break the mirror. If you
don't like what you see in it,
change the face as they do in the
beauty parlor."
It's that job of "changing the
face" which gets us into frequent
hot water. When, for instance,
this space took a three-time crack
at the Paramount reorganizers
for shaping a banking and invest-
ment house directorate, it was
criticized for failing to mind its
own business. We assert it is
very much our business to keep
Paramount or any other factor —
and that doesn't necessarily
mean only the large ones — out of
Eastman Off % on Big Board
High Low Close
Consolidated Film Industries 4J4 454 4%
Consolidated Film Industries, pfd 18 17% 17%.
Eastman Kodak m% 11054 11054,
Fox Film "A" 1354 13 13%
Loew's, Inc 3554 34% 34%
Loew's, Inc., pfd 104% 103% 103%
Paramount Publix 3% 3% 31^
Pathe Exchange 1 1 1
Pathe Exchange "A" 13% 13% 13%
Rko 2 m m
Warner Bros 4% 454 414
Warner Bros., pfd 21 21 21
Net
Change
- %
+ Va
+ %
- %
+ Va
+ %
+ Ya
Sales
200
800
900
1,500
6,300
400
24,100
100
100
1,000
1,500
2,000
Heavy Trading in Paramount Bonds
General Theatre Equipment 6s '40.
Loew's 6s '41, ww deb rights
Paramount Broadway 554s '51
Paramount F. L. 6s '47
Paramount Publix 554 s '50
Warner Bros. 6s '39, wd
Net
High
8%
Low
8%
Close
8%
Change
- %
Sales
3
104%
10454
104%
3
44
44
44
2
6554
63%
63%
— %
120
65/,
63%
63%
- Ya
260
60
59
59%
+ %
15
pitfalls if by constructive criti-
cism we can, or think we can. . . .
▼
When the front page bannered
the Washington flash of the Ad-
ministration's plan to make codes
voluntary under the impending,
revised NRA, the yarn in two
quarters was booed, described as
a fake and as hooey. We were
tearing down, always belittling
and destructive. That's so much
pap and waste of time. Motion
Picture Daily does not make
news ; it reports it. Events, ac-
tual and forecast, are not always
what certain individuals or in-
terests may want to read. It's
disturbing to their complacency,
their well-being and, indeed, their
jobs. Too bad, but unavoidable
nevertheless. ... KANN
Jones Again Says
He Will Sue B. & K.
Aaron Jones, Sr., of Jones, Linick
& Schaefer, Chicago theatre operators,
reiterated here yesterday his intention
of instituting an anti-trust action in
that city against B. & K. and major
distribution companies as a result of
what he says is his inability to obtain
product for the McVickers.
Jones, who said his current New
York trip was only "to look around"
and had nothing to do with his con-
templated lawsuit, said that the action
would be filed in Federal court in Chi-
cago next week.
Buy for New England
Boston, Dec. 13. — Harry Asher,
president of American Film Ex-
change, reports the acquisition in
New England of the Sunset west-
erns.
"Are We Civilized?" has been ac-
quired by Roadshow Pictures, headed
by Jack Meyers. Publicity is being
handled by John Luce and Leo
Young.
G. B. Plans Sales Drive
Mark Ostrer, chairman of the board
of Gaumont British, is scheduled to
arrive here from England early next
month. In his honor George W.
Weeks, general sales manager, has
planned a sales drive which will be
called "The Big Push." The drive
will begin on Dec. 15 and end April IS.
To Fete Johnston
Boston, Dec. 13. — W. Ray John-
ston is scheduled to be in the Hub
Friday and Saturday when a lunch-
eon will be tendered in his honor at
the Statler by Herman Rifken, presi-
dent of Hollywood Films, Monogram
distributor.
Mrs. Rifkin is recovering from a
recent operation, incidentally.
Lederer Joins R. & R.
Otto Lederer, for many years with
Harry Thomas and First Division, has
purchased an interest in the Rapf &
Rudin circuit, which now operates
seven houses in Brooklyn. Latest ac-
quisition is the Dorset, which Lederer
is handling. Negotiations are on for
additional theatres.
Editing 28 Vitaphones
Twenty-eight Vitaphone shorts,
consisting of 11 two-reelers and 17
one-reelers, are being edited at the
Brooklyn plant for early release.
PROFITS TO RECORD HIGHS!
A STAR of stars in her show of shows...released
*V on your year's most profitable week!
There's no limit to its grosses. ..if you back it
with showmanship. And no limit to the show-
manship angles of this picture. Get both cam-
paign books from your FOX Exchange. And
prepare to start the New Year with a new record!
Directed by
6
MOTION PICTURE
DAILY
Friday, December 14, 1934
Looking 'Em Over
"Music in the Air"
(Fox)
Some very pleasant ingredients have been mixed to form a lightly
romantic story with music in the talker version of "Music in the Air."
Jerome Kern's theme song, "Every Little Star," already a hit, is taken
up and developed as the story unfolds. It is first sung by Douglass Mont-
gomery and June Lang.
Gloria Swanson's return to the screen may furnish a selling point for
exhibitors. She has lost none of her talent for wearing striking clothes
and she has an excellent singing voice. John Boles, of course, also has a
reputation as a singer which he upholds in this film, but Montgomery
and Miss Lang, the two young lovers of the story, are the magnets who
will hold the youngsters in their seats and help the word-of-mouth ad-
vertising. As a young Bavarian school teacher and the daughter of a
country village composer, they practically steal the picture without seem-
ing to try.
Some fine mountain backgrounds have been introduced to make the
atmosphere seem authentic, and Al Shean is charming as the old gentle-
man who takes his new song to Munich to present it to Reginald Owen,
an old friend, who is a producer. After that the complications center
around Miss Swanson's infatuation for Montgomery and Boles' flirtation
with the striking little blonde, Miss Lang.
Miss Swanson works hard throughout — a little too hard, perhaps.
Both she and Boles are given to use of excessive gesturing, but audiences
probably will overlook this as they go out humming "Every Little Star."
Production code seal No. 419. Running time, 81 minutes. "G."
"Wednesday's Child," last night's preview at the Roxy, was reviewed on
Nov. 14.
"Hell in the Heavens," now current at the Mayjair, was reviewed by wire
from Hollywood on Oct. 27.
"Babes in Toyland," current at the Astor, was reviewed by wire from Holly-
wood on Nov. 12.
"Dealers in Death," last night's opener at the Criterion, was reviewed on
Nov. 28.
i Purely
Personal ►
RICHARD BOLESLAWSKI will
take a vacation in Poland upon
completion of "Clive of India" for
20th Century. When he returns
early next year he will direct "Les
Miserables" for the same company.
J. W. Piper, manager of Para-
mount's Tokyo office, is in New
York for his first home office visit
in many years. He will be here for
several weeks.
Marcella Burke, fan magazine
writer, has sold an original, "Morn-
ing, Noon and Night," to Paramount.
Sylvia Sidney probably will be
starred.
Mort Blumenstock flies to Buf-
falo today for contact work with the
Guy Lombardo Revue in Warner
houses in Erie, Wheeling, Clarks-
burg, Charleston and Newark.
Max Cohen has taken over the
Prospect, Bronx, and plans to reopen
it shortly.
J. Robert Rubin hurrying down
7th Ave., the wind very nippy and
bowler to the breeze.
Lynn Farnol sailed yesterday
afternoon aboard the Peten for a
three-week Caribbean trip.
Ward Wing, director of "Sama-
rang," arrived in town yesterday
from London.
Marguerite Wallman, Viennese
dancer, arrives in town next week on
her way to the M-G-M studios.
Eddie Churchill visiting National
City, polo coat and all.
Phil Reisman, foreign sales head
for Radio, is due back in two weeks.
Lenox Opens Today
As Kid Lab Theatre
The Lenox Picture House, 52 E.
78th St., will open today as a young
people's film laboratory theatre with
the co-operation of Warners. The
theatre will put on week-end and holi-
day matinee programs for children and
will be used for "the trying out and
testing of juvenile opinion and juvenile
support in connection with the produc-
tion of films for junior audiences," ac-
cording to Warners.
Mrs. Franklin D. Roosevelt is a
sponsor for the theatre, which will be
directed by Helen Wagner. Among
the other sponsors are Harry M., Al-
bert and Jack L. Warner and Stan-
leigh P. Friedman, associate counsel
for Warners.
The initial attraction will be War-
ners' "The Man from Monterey,"
which will be followed next week-end
by Paramount's "King of the Jungle."
Sheehan Denies Talk
Of Joining M-G-M
Kansas City, Dec. 13. — Recently
published reports that he might
leave Fox to join M-G-M were
denied here today by Winfield
Sheehan, eastbound with Gabe Yorke,
Fox publicity executive. He refused
to discuss the. purpose of his trip
other than to say he had conferences
scheduled with Sidney Kent, adding
he would remain in New York a
week.
Duals Out of First
Runs in Milwaukee
Milwaukee, Dec. 13. — Local first
runs, for the first time in many weeks,
have returned to a single feature
policy. Whether the practice will
continue will hinge upon the policy of
the outlying theatres which continue
playing double and triple features.
The Strand, first run, has been
leased by Warners to Standard Gate-
way Theatre Management, Inc., and
will reopen Christmas Day with, ac-
cording to present reports, a double
feature policy. Operators of the house
also conduct the Gateway and Keno-
sha in Kenosha, the Strand in Osh-
kosh and the Bay in Green Bay, all
formerly operated under the Warner
banner.
Schlesinger Takes House
Montclair, N. J., Dec. 13. — Morris
S. Schlesinger, former manager of
the Broad and Shubert theatres in
Newark, has leased the Montclair
here. Beginning Christmas night,
Schlesinger will present a series of
Broadway shows of recent seasons, in-
terspersed with occasional new plays.
Snaper Has Laryngitis
Dave Snaper, operator of five New
Jersey houses, is confined to bed with
laryngitis. Snaper is a brother-in-
law of David Wilentz, attorney gen-
eral for the state of New Jersey.
Borah, Nye See Film
Senators Borah and Nye last night
attended the opening of "Dealers in
Death" at the Criterion. Monroe
Shaff and Buddy Kusell intend to
handle the munitions film themselves
throughout the country.
Steffes-Berger to
Run Arty Theatres
Minneapolis, Dec. 13. — Benny Ber-
ger and Al Steffes have joined forces
in a new company called Berger-
Steffes, Inc., to operate a string of
theatres on the policy of the Minne-
apolis and St. Paul Worlds.
The St. Paul World has already been
turned over to the company. Dave
Meblin will be manager.
The Minneapolis World has been
signally successful with a small house
liberally furnished with big chairs in
which smoking is permitted.
Sue on Lincoln Contract
Lincoln, Dec. 13.— Suit for $31,090,
allegedly due for breach of contract
has been filed here by Augusta Paper,
heir apparent to claims of Nick Paper,
against the Lincoln Theatre Corp. It
is claimed that Lincoln Theatre took
the Sun in 1925 and the Capitol in
1928, both owned by Nick Paper, for
10 years at $300 monthly rental on the
Sun and $78,750 for the entire Capitol
agreement. Paper was to control op-
erations of the Rialto and Capitol, get
25 per cent of the profits and $25
weekly salary, states the petition, but
the contract was not adhered to by
the defendants.
Para. Bowlers Leading
Taking three games from Consoli-
dated, Paramount now leads the M.
P. Bowling League. RKO is second
as a result of winning three games
from the Fox team. United Artists
registered two victories over M-G-
M at the last rolling at the Radio
City alleys, the latter winning the
third game. Columbia won two
games against Warners and lost one.
After Sunday Shows
For All of Vermont
Montpelier, Vt, Dec. 13.— With the
state legislature scheduled to convene
Jan. 8, film men are putting momen-
tum into a drive toward legalizing
Sunday shows in Vermont. As adjoin-
ing states have such entertainment,
Vermont border communities see pros-
pective audiences trek out of the state
on the Sabbath. At the organization
meeting of the Allied Theatre Owners
of Vermont, it was voted to endeavor
to win support of legislators wherever
possible by concentrated efforts.
Andrew Tegu of St. Johnsbury is
now president of Allied. Charles Ross
of Windsor was voted vice-president ;
Ray Kinney of Bellows Falls, secre-
tary ; and Allard Graves of White
River Junction, treasurer.
Boston, Dec. 13. — According to
membership figures compiled by the
Independent Exhibitors, Inc., enroll-
ment has increased over 340 per cent
in the last 12 months here in New
England. According to Arthur K.
Howard, business manager of the Bos-
ton unit which has been directly re-
sponsible for the new brother organ-
izations recently incorporated in near-
by New England states, Independent
Exhibitors had 66 members at the end
of November, 1933. By the end of last
month, 227 were regularly enrolled.
Hub's Independents
Get 1st Run Outlet
Boston, Dec. 13. — Independent dis-
tributors in the Hub now have a
first-run stand in the Majestic if it
continues to be operated under its pres-
ent policy by Fred E. Leiberman, who
opened it late last week under a lease
from Shubert interests. The house,
which is on Tremont Street in the cen-
ter of the amusement district, is a for-
mer "legit" house which in late years
has been a haven for road shows. It is
being managed by Myer Shellman, for-
mer district manager for Publix and
most recently with Gaumont British
here.
Leo Young, formerly with Universal
on the West Coast and later press
agent here, who promoted a tieup with
WEEI for the first weekly sustaining
air exploitation of independent fea-
tures (Majestic and Chesterfield-In-
vincible) in this part of the country,
has been appointed publicist and as-
sistant manager of the Majestic.
FitzPatrick Sails
For Coast Dec. 22
James A. FitzPatrick sails for the
coast Dec. 22 on the Santa Rosa, ar-
riving in Los Angeles Jan. 7, and
leaving there for Mexico and Central
America on Jan. 15. From Central
America, FitzPatrick will return to
New York and sails on the Aquitania
Jan. 31 on a Mediterranean cruise as
far as Egypt, from there going to
Africa, where he will produce "Black
Ivory," his first independent feature
in black and white.
Because of a conflict with a Warner
title of the same name, the picture may
be called "White Gold." FitzPatrick
will return to New York next April.
"Evensong** Banned
London, Dec. 13. — Gaumont Brit-
ish's "Evensong" has been banned by
the censor at Sydney, Australia, with-
out reason given.
Friday, December 14, 1934
MOTION PICTURE
DAILY
Comerford,
Saenger Near
To New Setup
(Continued from page 1)
500,000 of old bonds of Saenger The-
atres and $1,000,000 of Saenger
Realty. Past due interest on the bonds
will be paid, but the new company
will not be obliged to make provision
for a $300,000 sinking fund for the
first three years unless sufficient earn-
ings accrue. After that period, how-
ever, fixed provisions for a sinking
fund will become effective.
General creditors and lessors of
Saenger will receive subordinated
notes payable out of income for their
claims. Approximately $260,000 of
lessors' claims, however, representing
the bulk of those filed in the reorgani-
zation proceedings, have been ac-
quired by Arklamiss Corp., a Para-
mount subsidiary, for $35,000.
The Paramount Publix trustees,
under the plan, will relinquish their
claims against Saenger, pay reorgani-
zation costs and turn in their stock
holdings in the old Saenger company
in return for $1,500,000 of deben-
tures and all of the common stock of
the new company. Under the five-
year management agreement with
Richards, the trustees will then turn
over to him all of the Class A stock,
representing a half interest in the new
company, and will retain for Para-
mount all of the Class B stock. Rich-
ards will become president and gener-
al manager of the new company,
which will be the holding company
for subsidiaries operating 47 theatres
in Louisiana, Mississippi, Alabama,
Florida and Texas.
Subsidiaries Held 160 Theatres
At the time Saenger went into re-
ceivership, in 1933, its subsidiaries
operated or held interests in approxi-
mately 160 theatres in eight southern
states.
At such time as the plan has been
approved by the Federal court here,
final steps in the reorganization will
get under way in Federal court at
New Orleans.
The Comerford agreement, ap-
proved yesterday by Federal Judge
Alfred C. Coxe, acting on a favorable
recommendation made to him earlier
by Joyce, provides for the retirement
of Paramount's obligations remaining
from its acquisition of the 61 Penn-
com theatres from M. E. and M. B.
Comerford and Frank C. Walker in
1930. Retirement of 55,330 shares of
Class A stock outstanding with a par
value of $5,533,000, held by the Com-
erford group, will be made from net
receipts of the circuit. No dividends
will be paid on the stock of the com-
pany, the Class B shares of which are
owned by Paramount, prior to Jan.
1, 1938. Operation of the circuit by
the Comerford group is continued in
the agreement.
Yiddish Players Signed
Dinah Goldberg, Anita Chayes,
Morris Strassberg, Leah Naomi and
Peter Graf have been signed by Jack
Stillman, president of the Sov-Am
Film Corp. Their first assignment
will be in support of Boris Thoma-
shefsky and Regina Zuckerberg in
"Bar Mitzvah," second Jewish film on
Sov-Am's new schedule.
"Greatest Period "-Warner;
Thalberg Says Films Tell
By HARRY M. WARNER
{Continued from page 1)
the storm of the great depression and
fought our way through to our
present position is that we had faith
in the industry. We believed in its
personnel, in their courage and initi-
ative and vision. We stood by the
exhibitor, regarding him as our busi-
ness partner whose interests were our
interests. And I believe that our faith
in him has evoked on his side a faith
in us which is an invaluable asset for
us as producers and distributors.
We are going to produce not merely
more pictures, but better pictures,
sparing no time, trouble or expense
to furnish attractions that will meet
the most exacting demands of the
public. The screen today is coming
into its own; it is gradually meeting
with the recognition it deserves from
the leaders of the nation's thought as
the most powerful and far-reaching of
art forms. I think, however, in view
of the high average quality now at-
tained in production, that the screen
is entitled to more outspoken support
for individual pictures than it now re-
ceives from these educational, social
and intellectual leaders. But that will
come. We stand at the beginning of
the greatest period in motion picture
history.
Ask Allied Owners
To Hit Para. Plan
(Continued from page 1)
reorganization plan before Special
Master Oscar Lewis in Brooklyn yes-
terday.
Palmer asked that Allied's objec-
tions to the Paramount plan be made
on the grounds that the settlement of
Allied's $23,000,000 claim against
Paramount "is reduced to $5,000,000
and the leasing of three theatres and
purchase of a fourth by Paramount"
in the latter's plan. He stated that he
objected to details of the leases and
the sales agreement on the theatres
as embodied in the settlement. He also
declared that the Paramount plan
"would increase the company's liabili-
ties and thereby decrease the value of
Allied's claim against it."
Palmer demanded earlier that Allied
be given representation on the Para-
mount board. This has been agreed
to in reorganization circles, but a rep-
resentative has not yet been selected.
Lewis is scheduled to rule on Palm-
er's motion at an adjournment of the
hearing next Wednesday.
Bernstein, Warner Talk
David Bernstein and Albert War-
ner were principal guests of the I.
T. O. A. at the organization's meet-
ing yesterday at the Astor. Cooper-
ation from local exhibitors for sup-
port of the Federation of Jewish
Charities highlighted speeches by
Bernstein and Warner.
Lipton Will Join Col.
Dave Lipton, who has been Sally
Rand's manager and press representa-
tive, will become a member of Col-
umbia's exploitation department on
Dec. 24, working out of the home
office.
By IRVING THALBERG
(Continued from page 1)
come when it will be impossible for an
exhibitor to run his theatre at a profit
in any other way. Prizes and double
features are losing their extra drawing
value.
For the producer the problem has
become particularly serious. The loss
of a normal audience for any picture
makes it difficult to create an attrac-
tion out of merely a well-made picture.
1935 will be a showman's year. To
those men who can put into pictures
all the elements of sure-fire audience
appeal will go the plums.
"Battle" Interests RKO
RKO is the latest company to be
interested in "The Battle." Sales
executives of the company looked at
the picture for possibilities of han-
dling in the United States. United
Artists, which had the original op-
tion, and Paramount have dropped out
of the bidding.
Norman Samuelson Busy
Norman Samuelson, attorney and
brother of Sidney Samuelson, presi-
dent of Allied, is acting as creditors'
representative in the operation of the
Strand, Union City.
New Exhibitor
Setup Pushed
In Talks Here
(Continued from page 1)
asked for a Congressional investiga-
tion into the setup of the code, in-
creased music levies of A. S. C. A. P.,
and block booking. Allied already has
adopted the contact idea in several
states, New Jersey being one of them.
The Congressional idea is nothing
new. Charles L. O'Reilly, now presi-
dent of the T. O. C. C, thought of
it 12 years ago and every one scoffed
at it. Now, however, the plan has been
adopted seriously by Allied and sev-
eral other independent associations are
understood for it.
At a recent meeting of the I. T. O.
A. board of directors axid com-
mittee on national matters, support to
the contact plan was promised.
Leon Rosenblatt, local circuit oper-
ator, is responsible for reviving the
O'Reilly thesis. After getting results
from local units, Rosenblatt intends
to further the idea among New Eng-
land and Philadelphia independents.
At the last session of Allied of New
Jersey a motion was made and carried
that congressional district be immedi-
ately organized by independents in
New Jersey. As soon as this is done,
various congressmen will be contacted.
CONTRACT
THE
MARCH
fTlME
O
AND PLEASE, SANTA, SENI
FRESH PRINT OF SWEE1
>UR THEATRE MAN A NICE
DELINE FOR CHRISTMAS
Irene Dunne in "Sweet Adeline", from the
Broadway Musical Hit by Jerome Kern and
Oscar Hammerstein II. Directed by Mervyn
LeRoy, with 10 songs and 12 stars, including
Donald Woods, Hugh Herbert, Ned Sparks,
Joseph Cawthorn. Ensembles directed by
Bobby Connelly. A Warner Bros. Picture.
PICKED BY "ROXr
To Open Philadelphia's Glorified
ROXY- MASTBAUM
Christmas Eve, Under Personal
Direction of S. L. Rothafel
MOTION PICTURE
DAILY
Hollywood Personals
Hollywood, Dec. 13. — Merle Oberon over the flu. . . . Bob Mont-
gomery at home with a case of same. . . . Ned Marin's little daugh-
ter, who was injured in an automobile accident last fall, is now
able to sit up in a wheel chair. . . . Clarence Brown buys another
plane. . . . Woody van Dyke directs in breeches, a la Cecil B.
DeMille. . . . Vera Caspary completes her original for Columbia,
"Give Me Liberty." . . . Gertrude Michael gets the leading feminine
role in "The Milky Way" at Paramount. . . . Mae West's maid,
Libby Taylor, gets a role in "Mississippi" at Paramount. . . . Bill
Thomas signed as "still man" for "Broken Soil" at United Art-
ists. . . . Henry Meyers back to Paramount to revise the script
of "The Big Broadcast of 1935."
10
Producer Acts
Illegal Under
Code — Myers
(Continued from page 1)
Authority is composed of seven rep-
resentatives of sellers and three buyers,
two of the buyers being executives of
trade associations supported almost en-
tirely by contributions of producer-
owned theatres, he maintains. Inde-
pendent exhibitors have one repre-
sentative on the supreme governing
body, it is Myers' contention.
The power conferred on producers
has already been exerted to the utmost
to discriminate in favor of themselves
and their owned theatres and against
independents, Myers declared.
Code Authority and regional boards,
in administering their judicial powers,
resolve all important issues in favor of
eight major producers, he declared,
and these decisions have gone to the
extent of nullifying provisions of the
code designed for relief of indepen-
dents, and of imposing on indepen-
dents monopolistic practices which the
courts previously had held to be vio-
lative of the Sherman anti-trust act.
Sees Indies at Disadvantage
Myers went on to say that the
power possessed by the big eight pro-
ducers under the code extends to reg-
ulating admission prices, run availa-
bility of pictures, giving premiums, and
every other competitive practice of im-
portance to buyers and sellers in the
several classes of theatres.
In other words, he insisted, inde-
pendents are placed at the mercy of
those with whom they compete.
Myers said the code was character-
ized in the report of the Darrow re-
view board as contrary to the National
Recovery Act. The energies of Allied,
he said, would be directed toward
revocation of the code in its present
form, by action of the NRA, if pos-
sible ; by Congress, if necessary. The
tremendous investments of indepen-
dents, made prior to the coming of
producer-owned theatres, should be
protected rather than jeopardized by
the Government, he concluded.
Again Delay K. C,
New Haven Action
(Continued from page 1)
government member, put in an appear-
ance after an absence of more than
three months.
While Campi took no official action
on the Chicago releasing problem, it
took cognizance of the standard uni-
form contract and notified the local
board and distributors that the first
three days' run of a picture in a given
territory constitutes general release
of the film in that area.
Like the two clearance and zoning
schedules, Campi put over the Leonia,
Leonia, N. J., clearance cases against
Skouras and Loew's, much to the an-
noyance of Julius Charnow, who filed
the complaint.
Attending the session were Charles
L. O'Reilly, J. Robert Rubin, Max
Levinson, Ed Kuykendall, Robert
Youngman, Harold Bareford, Sidney
Justin and Joe Vogel.
The only business of the day was
approval of decisions recommended on
appeals by various committees.
Albany Boards Rule
On 8 Pending Cases
Albany, Dec. 13. — Eight code cases
have been disposed of here, four by the
clearance board and four by the griev-
ance board.
In the complaint of Kallet Theatres,
Inc., Madison, Oneida, against W. I.
Tyler, Delphia, Chittenango, the clear-
ance board held that 30 days is reason-
able clearance between the two spots,
depending upon which plays a picture
first. Where pictures are not played
within the time specified by contract
no clearance will be allowed.
A similar decision was rendered on
the complaint of Kallet Theatres
against Antonio C. Balducci, Avon,
Canantota, but Balducci appealed.
Distribution of cut rate coupons by
Peter C. Vournakis, Strand and Lib-
erty, Watertown, was ordered stopped.
The complaint was filed by Graham &
Ludlow, Palace, same town.
A counter complaint by Vournakis
against Graham & Ludlow, charging
rebates in the form of lotteries and
prizes also resulted in a stop order.
Clearance of seven days over Odd
Fellows Hall, Voorheesville, has been
granted to Delmar at Delmar. Odd
Fellows Hall will appeal, it is said. It
operates one night a week, while the
Delmar is open six nights.
An appeal has been filed against the
board's decision granting the Madison,
Oneida, 30 days' clearance over the
Avon, Canastota.
A stop order against reduced ad-
missions has been issued against the
Strand and Liberty, Watertown, on
complaint of the Palace, Watertown.
Actors Waiting for
Hearing by the NRA
Hollywood, Dec. 13. — The Actors'
Guild is awaiting a hearing and a de-
cision of the NRA on their code pro-
posals, already filed in Washington.
Producere are not in accord.
Writers have not completed their
final draft, but one is expected shortly.
Should producers disagree with
their proposals, they will, like the
actors, go direct to the NRA for a
decision, they say.
The guilds believe that the NRA
heads are waiting for the writers' code
before setting a date for the actors'
hearing and will call both at the same
time. Actors, in the meantime, are
holding small group meetings of Class
A members soliciting votes for the
A. F. of L. affiliation. Results thus
far have been kept secret.
It is reported that many represen-
tative actors are reluctant to vote for
the affiliation, preferring to wait for
a Washington decision on the code
proposals. Should they not get what
they want in Washington, they say,
the obvious move will be to turn to
the A. F. of L.
Total N.E. Bombing
Damage Is $15,000
(Continued from page 1)
greatest damage was at the E. M.
Loew Capitol in Pawtucket, R. I.
Damage at the Tremont and Majes-
tic here will be about $2,000 each and
at the E. M. Loew Capitol in Lynn
about $2,000.
Frederick E. Leiberman of Lowell,
Mass., is owner of the Tremont and
Majestic. He also owns the Columbia
and police have placed a heavy guard
over that theatre. Police in Portland,
Me.; Abington, Whitman and Low-
ell placed police guards in theatres in
those cities controlled by Leiberman
and a thorough search was also made
of the theatres for attempted bomb-
ings, but no evidence could be found.
Leiberman said that on Dec. 4 there
was a meeting of union men to discuss
the code and that he was commanded
to hire two more men at $60 a week.
He said he refused because he has two
more at present than he actually re-
quires.
At Pawtucket it was stated there
had been no labor trouble for several
years.
Reports that the bombings had been
committed by paid bombers from
New York today sent Capt. Stephen
J. Flaherty of the Boston detective
bureau to that city. His departure
followed a conference at police head-
quarters at which it was asserted that
threats had been made to damage the
Majestic and Tremont.
Bank Nights Placed
Under Ban in Iowa
(Continued from page 1)
stated this would bring it within the
Iowa legal definition of prohibited
lotteries.
Maley stated that in order to re-
ceive the bank certificate of deposit
which was given as a prize the per-
son having the lucky number had
to claim it in a limited time.
This factor, Maley said, brought in
the element of consideration due to
the tendency to increase the theatre's
patronage.
Giving baskets of groceries to
holders of lucky numbers also was
included in the ruling.
"Barnum" into 74 Houses
Hollywood, Dec 13. — Twentieth
Century's "The Mighty Barnum" will
be released simultaneously by 74 the-
atres throughout the country Christ-
mas week.
Third Child for Zanucks
Hollywood, Dec. 13. — A six-
pound boy was born to the Darryl
Zanucks at Cedars of Lebanon Hos-
pital this morning. The couple have
two other children.
Friday, December 14, 1934
Stable Wages
Predicted As
New NRA Aim
(Continued from page 1)
NRA and the expenditure of energy
upon it.
"Of course," he said, "the securing
of compliance with code provisions,,
particularly as to wages and hours,
has always been the biggest task of
NRA and the one in the full and final
solution of which there is the great-
est importance.
"I am asking you if it may not be
true that when full compliance with
wage and hour provisions of codes is
established it may not then appear
that provisions by way of putting
floors under prices may not in most
industries and businesses be found to
be of no importance whatever."
He urged businessmen to comply
with codes and to see that their com-
petitors do so.
"The exact form of the new act is
not important," he continued. "The
important thing is that public opinion
in this country has moved definitely
forward to where it is demanding of
business that it accept a greater
measure of social responsibility than it
has ever borne before."
Start Second Report
On Operator Scales
(Continued from page 1)
circuit and independent exhibitor
leaders and I.A.T.S.E. officials at
Campi and discussed several plans, all
of which were discarded. Rosenblatt
will meet again with exhibitor and
union leaders, probably next week,
when the second report is completed.
Independent exhibitors were given
temporary relief by Local 306, terms
of the agreement being held secret. The
tentative relief ends when the basic
scale for operators is set up.
Bank Night Appeals Up
Three appeals on bank night cases
were heard yesterday by a committee
comprising Leslie E. Thompson, A.
Montague and Julius Charnow. The
cases were: W. W. Watt, Casino,
Sac City, la., against George Norman
and Jack Keuch, Chieftan, same city;
Alameda, Alameda, against Central,
Webster, Neptune and Palace, same
city; Nasser Bros., Alhambra, San
Francisco, against Harding, Metro-
politan, Lincoln and El Ray, same city.
Del.-Md. Meet Postponed
Wilmington, Del., Dec. 13. — The
meeting of the M. P. T. O. of Dela-
ware and Eastern Maryland, which
was to have been held at Harrington,
Del., today for the purpose of dis-
cussing clearance and zoning, has
been postponed to after the holidays.
Col. Lists More Stock
Additional common stock totaling
5,023 shares has been listed on the
stock exchange by Columbia. The
stock is to be used in payment of the
two and one-half per cent dividend
recently declared by the company.
Schenck on Way East
Hollywood, Dec. 13. — Nicholas
M. Schenck and his wife left for
New York today.
RING OUT THE OLD!
RING IN THE NEW!
TRAILERS
conceived, produced, distributed by
METRO-GOLDWYN-MAYER
Starting the New Year right!
MOTION PICTURE
DAILY
Friday, December 14, 1934
12
"St. Louis"
Gets Capital
Top, $19,500
Washington, Dec. 13. — Despite
the Thanksgiving holiday grosses fell
oft last week. Best showing was made
by "The St. Louis Kid" at the Earle.
The $19,500 take was over pajr by
$1,900.
Loew's Fox nosed out by $400
with a take of $20,900 for "We Live
Again."
Although both pictures were unable
to round out seven days, Loew's Co-
lumbia did a fair $3,500 for three days
of "Our Daily Bread" ($1,300), plus
four days of "Student Tour" ($2,200).
This was the first split week at that
house.
"The Painted Veil" did a good
$7,300 for a second week at Loew's
Palace.
At RKO-Keith's "Anne of Green
Gables" rounded out a full week with
$12,300. "Imitation of Life" opened
big.
The Metropolitan did a smash
$6,500 on 4 2/3 days of "Wagon
Wheels," but the picture was taken
off for a return engagement of "Flirt-
ation Walk," which was put in for an
indefinite run.
Estimated takings, exclusive of tax:
Week Ending Dec. 3:
"WAGON WHEELS" (Para.)
METROPOLITAN — (1,591), 25c-40c, 4-2/3
days. Gross: $6,500. (Average, seven days,
$4,100)
Week Ending Dec. 4:
"ANNE OF GREEN GABLES" (Radio)
RKO-KEITH'S — (1,836), 25c-S5c, 7 days.
Gross: $12,300. (Average, $11,400)
Week Ending Dec. 6:
"THE SAINT LOUIS' KID" (Warners)
EARLE— (2.218). 25c-77c, 7 days. Stage:
Eddie Peabody. Harris Twins & Loretta,
Harry Kahne, Harry Burns & Co. Gross:
$19,500. (Average, $17,600)
"OUR DAILY BREAD" (U. A.)
LOEW'S COLUMBIA — (1,264), 25c-40c, 3
days. Gross: $1,300. (Average, seven days,
$3,100)
"STUDENT TOUR" (M-G-M)
LOEW'S COLUMBIA— Four days, to
complete week of above. Gross: $2,200.
(Average, 7 davs, $3,100)
"WE LIVE AGAIN" (U. A.)
LOEW'S FOX— (3,434), 25c-66c, 7 days.
Stage: Ferde Grofe & Orchestra, Grace
Dufaye. Funnyboners, Joe Phillips & Made-
line Kileen. Gross: $20,900. (Average,
$20,500)
"THE PAINTED VEIL" (M-G-M)
LOEW'S PALACE— (2.370). 35c-77c, 7
days, 2nd week. Gross: $7,300. (Average,
first week, $14,500)
Lincoln Takes Hit
By Snow, Shopping
Lincoln, Dec. 13. — Grosses which
held steady to good figures through-
out the fall season are falling a bit
following the Thanksgiving holiday.
Christmas shopping is making the pa-
tron pocket conscious, too. A blanket
of snow and a cold wave are no
help.
Estimated takings :
Week Ending Dec. 2:
"365 NIGHTS IN HOLLYWOOD" (Fox)
ORPHEUM— (1,200), 10c-15c-25c, 4 days
with stage show. "Outcast Lady" (Radio)
3 days. Gross: $3,200.
Week Ending Dec. 5:
"EVELYN PRENTICE" (M-G-M)
LINCOLN— (1,600), 10c-15c-25c, 7 days.
Gross: $2,700.
"MERRY WIDOW" (Para.)
STUART— (1,900), 10c-25c-40c, 7 days.
Gross: $3,100.
"LITTLE FRIEND" (Gaumont British)
VARSITY— (1,100), 10c-25c, 7 days.
Gross: $1,100.
"Gables" Portland
Hit; Gets $5,400
Portland, Dec. 13. — "Anne of
Green Gables" was strong at Ham-
rick's Music Box, getting $5,400, or
$3,400 over. Indications point to
holdover until Christmas.
"Flirtation Walk" was held for a
second week at Broadway with a take
of $5,200, a slight $200 over the usual.
"One Night of Love" rolled up
another $3,500 in its second week at
the "Mayfair," $500 above regular
take, and was held for another week.
"Mrs. Wiggs of the Cabbage Patch"
at the Paramount, plus the usual good
stage show, brought in $8,300, or
$3,300 over the regular income.
Total first run business was $32,200.
Average is $27,000.
Estimated takings for the week end-
ing Dec. 8 :
"FLIRTATION WALK" (F. N.)
BROADWAY— (1,912), 25c-35c-40c, 7 days,
2nd week. Gross: $5,200. (Average, $5,000)
"COUNT OF MONTE CRISTO" (U. A.)
ORIENTAL— (2,040). 25c, 7 days. Gross:
$1,800. (Average, $2,000)
"IMITATION OF LIFE" (Univ.)
HAMRICK'S ORPHEUM— (1,700), 25c-
35c-40c, 7 days. Stage show. Gross: $5,000.
(Average, $5,000)
"ANNE OF GREEN GABLES" (Radio)
MUSIC BOX— (1,000), 25c-35c-40c, 7 days.
Gross: $5,400. (Average, $2,000)
"ONE NIGHT OF LOVE" (Col.)
MAYFAIR— (1,700), 25c-35c, 7 days, 3rd
week. Gross: $3,500. (Average, $3,000)
"MRS. WIGGS OF CABBAGE PATCH"
(Para.)
PARAMOUNT — (3,008), 25c-35c-40c. 7
days. Gross: $8,300. (Average, $5,000)
"KID MILLIONS" (U. A.)
UNITED ARTIST— (945), 25c-35c-40c, 4
days. Gross: $3,000. (Average, $5,000)
"Rhythm" and
"Walk" Crack
Denver Marks
Denver, Dec. 13. — Two films broke
house records for single days.
"College Rhythm" broke the house
record for the Denham and "Flir-
tation Walk" for the time Harry
Huffman has had the Denver. Both
records fell on Thanksgiving. The
box-office at the Denham was closed
at 8 :30 P.M., when it was apparent
no more tickets could be sold. There
was a holdout within an hour and a
half after the Denham opened that
day.
Crowds at the Denver were strong
all day, with holdouts twice.
Total first run business was $28,000.
Average is $20,500.
Estimated takings for the week
ending Dec. 6 :
"GREAT EXPECTATIONS" (Univ.)
ALADDIN— (1,500), 25c-35c-50c, 5 days.
Gross: $1,000.
"FIREBIRD" (Warners)
ALADDIN— (1,500), 25c-35c-50c, 2 days.
Gross: $500. (Average for week, $2,500.)
"COLLEGE RHYTHM" (Para.)
DENHAM— (1,500), 25c-35c-50c, 7 days.
Gross: $8,000. (Average, $4,000.)
"FLIRTATION WALK" (F. N.)
DENVER — (2,500), 25c-35c-50c, 7 days.
Gross: $11,000. (Average. $6,000.)
"EVELYN PRENTICE" (M-G-M)
ORPHEUM— (2,600), 25c-35c-50c, 7 days.
Gross: $6,000. (Average. $6,000.)
"BIG HEARTED HERBERT" (Warners)
PARAMOUNT— (2,000), 25c-40c, 3 days.
Gross: $600.
"ONE EXCITED ADVENTURE" (Univ.)
"THEIR BIG MOMENT" (Radio)
PARAMOUNT— (2.000). 25c-40c, 4 days.
Gross: $900. (Average for week, $2,000.)
"Rhythm" $10,800
Hit in Providence
Providence, Dec. 13. — The Strand
was top house for the week with a
fine bill headed by "College Rhythm,"
which grossed $10,800, a swell take
for this theatre which usually runs
around $6,500.
Next in line came the Fay bill,
"Gambling," and a revue which took
$8,100. The Majestic, with "The
White Parade" as the feature, took
$8,000.
Curiously, Garbo's pull seems to
have waned here. "The Painted Veil"
at Loew's was good only for $10,000
and plenty of program pictures re-
cently have hit the par figure of $12,-
000. The RKO Albee, which ran
"Anne of Green Gables" for eight
days, was rewarded with a take of
$11,300.
First run business was $49,400. Av-
erage is $40,500.
Estimated takings for the week end-
ing Dec. 6 :
"COLLEGE RHYTHM" (Para.)
"CRIMSON ROMANCE" (Monogram)
STRAND— (2,300), 15c-40c, 7 days. Gross:
$10,800. (Average, $6,500)
"THE WHITE PARADE" (Fox)
MAJESTIC— (2,400), 15c-40c, 7 days.
Gross: $8,000. (Average, $7,000)
"GAMBLING" (Fox)
FAYS— (1,600). 15c-40c. 7 days. Stage:
"Monte Carlo Nights." Gross: $8,100. (Av-
erage, $7,000)
"ANNE OF GREEN GABLES" (Radio)
RKO ALBEE— (2.300), 15c-40c, 8 days.
Gross: $11,300. (Average, $7,000)
"THE PAINTED VEIL" (M-G-M)
LOEW'S STATE— (3,800), 15c-40c, 7 days.
Gross: $10,000. (Average. $12,000)
"CHU CHIN CHOW" (Radio)
RKO VICTORY— (1,600). 10c-25c. 4 days.
Shorts. Gross: $1,200. (Average. $1,000)
"Rhythm" Big
K. C. Grosser
With $9,000
Kansas City, Dec. 13. — "College
Rhythm" was the chief business-get-
ter, the only first run attraction to
beat par. It gave the Newman $9,-
000 in eight days, upping normal by
$1,200. Other first runs were down.
First run grosses totaled $36,500.
Average is $38,700.
Estimated takings :
Week Ending Dec. 4:
"Music in the Air" (Fox)
UPTOWN— (2,000), 25c-40c, 6 days.
Gross: $2,200. (Average, 6 days, $2,900.)
Week Ending Dec. 6:
"Anne of Green Gables" (Radio)
MAINSTREET— (3.100), 25c-35c-40c. 9
days. Stage: Daphne Pollard. Dorothea
& Her Fellow Jackets, Carlton Emmy,
Adler & Bradford, Jack Pepper & Co.,
and others. Gross: $9,800. (Average, 9
days. $11,000.)
"THE PAINTED VEIL" M-G-M)
MIDLAND— (4,000), 15c-25c-40c, 7 days.
Gross: $8,700. (Average. $10,000.)
"COLLEGE RHYTHM" (Para.)
NEWMAN— (2.000), 25c-40c. 8 days.
Gross: $9,000. (Average. 8 davs, $7,800.)
"ONE EXCITING ADVENTURE"
(Univ.)
TOWER— (2,200). 25c. 7 days. Stage:
"Cocktails of 1934." with Harry Howard
& Co., Naida & Ernie Perez. Marie Hol-
lis, Tackie Leynwood. Paul Spor. Gross:
$6,800. (Average, $7,000.)
Harlow-Powell Teamed
Hollywood, Dec. 13. — Jean Harlow
gets the featured spot opposite Wil-
liam Powell in "Reckless" at M-G-M.
Victor Fleming will direct.
"Imitation"
$8,500 High,
Los Angeles
Los Angeles, Dec. 13. — "Imitation
of Life" ran away with top honors
at the Pantages, piling up $8,500, over
par by $5,100.
Second place was taken by "The
Merry Widow" at United Artists. It
topped average by $1,500 on a gross
of $5,000. Business was generally off
elsewhere.
Total first run business was $76,-
400. Average is $88,400.
Estimated takings for the week
ending Dec. 12:
"EVEXYN PRENTICE" (M-G-M)
CHINESE— (2,500), 30c-65c. 7 day*.
Stage: Sid Grauman's prologue, Raymond
Paige and his orchestra. Gross: $11,500.
(Average, $12,500.)
"HAVE A HEART" (M-G-M)
4 STAR— (900), 30c-55c, 7 days. Gross:
$2,500. (Average, $3,250.)
"EVELYN PRENTICE" (M-G-M)
LOEWS STATE— (2,413), 30c-55c, 7
days. Gross: $12,500. (Average, $14,000.)
"BEHOLD, MY WIFE" (Para.)
PARAMOUNT— (3,595), 30c-55c. 7 days.
Stage: Rube Wolf and his orchestra. F.
6 M. revue with Baby Rose Marie. Gross:
$14,500. (Average. $18,000.)
"FLIRTATION WALK" (F. N.)
RKO— (2,700), 26c-65c, 2nd week, 7 days.
Gross: $7,400. (Average, $8,000.)
"THE MERRY WIDOW" (M-G-M)
UNITED ARTISTS— (2,100), 25c-55c, 7
days. Gross: $5,000. (Average, $3,500.)
"FLIRTATION WALK" (F. N.)
WARNER BROS. (HOLLYWOOD)—
(3,000), 25c-65c, 2nd week, 7 days. Gross:
$8,100. (Average, $14,000.)
"BY YOUR LEAVE" (Radio)
WARNER BROS. (DOWNTOWN)— (3,-
400), 25c-40c, 7 days. Stage: 6 acts vaude-
ville. Oscar Baum and his orchestra, Max-
ine Doyle. Gross: $6,400. (Average, $12,-
000.)
"IMITATION OF LIFE" (Univ.)
PANTAGES— (3,000). 25c-40c. 2nd week,
7 days. Gross: $8,500. (Average, $3,-
200.)
"Rhythm" Is Omaha
Lead at $10,000
Omaha, Dec. 13. — "College Rhythm"
took top honors last week on a gross
of $10,000 at the Paramount. This
beats average by $2,000.
All the first runs were over par.
"Imitation of Life" and "I Am a Thief
took $9,500 at the Orpheum, and a
combination of "Anne of Green Gables"
and "La Cucuracha" grabbed a neat
$5,500 at the Brandeis.
Total first run business was $29,200.
Average is $22,500.
Estimated takings :
Week Ending Dec. 5:
"OUTCAST LADY" (M-G-M)
"WAGON WHEELS" (Para.)
WORLD— (2,200), 25c-40c, 7 days. Gross:
$4,200. (Average, $3,500)
"COLLEGE RHYTHM" (Para.)
PARAMOUNT— (2.800), 25c-40c, 7 days.
Gross: $10,000. (Average, $8,000)
Week Ending Dec. 6:
"ANNE OF GREEN GABLES" (Radio)
"LA CUCARACHA" (Radio)
BRANDEIS— (1.200), 20c-25c-35c, 8 days.
Gross: $5,500. (Average, $4,000)
"IMITATION OF LIFE" (Univ.)
"I AM A THIEF" (Warners)
ORPHEUM— (3.000), 25c-40c. 8 days.
Gross: $9,500. (Average, $8,000)
Dix Has One to Make
Hollywood, Dec. 13. — Richard Dix
has one more picture to make for
Radio on his long term contract and
no new deal has been talked yet by
the studio. The actor's last assign-
ment is not definite.
A MUSICAL COMEDY that
"Demonstrates what the short feature
14
MOTION PICTURE
DAILY
Friday, December 14, 1934
"Flirtation"
Pittsburgh's
Top, $17,000
Pittsburgh, Dec. 13. — Best show-
ing of the week was made by "Flirta-
tion Walk," which took $17,000,
almost double par. Elsewhere it was
just a fairly good week. "Kid Mil-
lions," at the Penn, did only $12,750,
by far the lowest gross ever obtained
here for a Cantor film.
Closed for almost a year, the Davis
reopened for one week to play "The
First World War" and succeeded in
showing a profit at $4,000. It was
figured that the film would stay a
fortnight, but the general decline all
over town led to its early removal.
The Fulton was up a bit with "Peck's
Bad Boy," getting $5,200, chiefly on
children's trade.
Total first run grosses were $58,650.
Average is $50,000.
Estimated takings for the week end-
ing Dec. 6:
"MARIE GALANTE" (Fox)
ALVIN— (2,000), 25c-40c, 7 days. Stage:
Johnny Perkins, Annette Ames, Reis and
Dunn, Eames and Arno, Robbins Trio,
Streamline Alvinettes, Jerry Mayhall band.
Gross: $9,500. (Average, for 6 days, $10,000)
"FIRST WORLD WAR" (Fox)
DAVIS— (1,700), 25c-35c, 6 days. Gross:
$4,000. (Average, $3,500)
"PECK'S BAD BOY" (Fox)
FULTON — (1,750), 15c-40c, 6 days. Gross:
$5,200. (Average, $4,500)
"KID MILLIONS" (U. A.)
PENN — (3,300), 25c-50c, 6 days. Gross:
$12,750. (Average, $12,000)
"FUGITIVE LADY" (Col.)
PITT— (1,600), 15c-35c, 6 days. Stage:
"Cotton Club Revue" with Harriet Callo-
way, George Dewey Washington, Dunn and
Eddy, Red Perkins, Jenny Dancer, Four
Pennies, Moore and Spencer, Cook and
Brown. Gross: $5,200. (Average, $6,000)
"FLIRTATION WALK" (Warners)
STANLEY— (3,600), 25c-50c, 7 days. Gross:
$17,000. (Average, for 6 days, $9,000)
GENTLEMEN ARE BORN" (Warners)
"LADY BY CHOICE" (Col.)
WARNER— (2,000), 25c-40c, 6 days. Gross:
$5,000. (Average, $5,000)
"Prentice" Grabs
$24,300, Buffalo
Buffalo, Dec. 13. — It was a grand
and glorious week for every one, with
the Buffalo going $10,000 over nor-
mal at $24,300, with "Evelyn Prentice"
and Cab Calloway's band. Week-end
trade was the best in three years. The
Lafayette ran ads the day after
Thanksgiving, apologizing to thou-
sands of customers turned away from
"Lady by Choice" and "Down to
Their Last Yacht." Below freezing
weather and wintry winds prevailed.
Total first run take was $59,200.
Average is $42,800.
Estimated takings for the week end-
ing Dec. 7 :
"EVELYN PRENTICE" (M-G-M)
BUFFALO— (3,500), 30c-55c, 7 days.
Stage: Cab Calloway and Cotton Club Or-
chestra; Aida Ward, Five Percolators,
Elma Turner and Nicodemus. Gross: $24,-
300. (Average, $14,300)
"PECK'S BAD BOY" (Fox)
"GRIDIRON FLASH" (Radio)
CENTURY— (3,000), 25c, 7 days. Gross:
$6,200. (Average, $6,000)
"KID MILLIONS" (U. A.)
GREAT LAKES — (3,000), 25c-40c, 7 days.
Gross: $11,000. (Average, $8,000)
"ANNE OF GREEN GABLES" (Radio)
HIPPODROME— (2,100), 25c-40c, 7 days.
Gross: $8,000. (Average, $8,000)
"LADY BY CHOICE" (Col.)
"DOWN TO THEIR LAST YACHT"
(Radio)
LAFAYETTE— (3,300), 25c, 7 days. Gross:
$9,700. (Average. $6,500)
"Flirtation"
With Show Is
Detroit Wow
Detroit, Dec. 13. — "Flirtation
Walk" stirred up most of the box-
office excitement here last week.
Helped by a stage show at the Mich-
igan, it piled up $29,000, which is
$9,000 above normal.
The showing was noteworthy, be-
cause no other downtown house
reached par. "Anne of Green
Gables," with a vaudeville program,
got off to a good start, but failed
to hold the pace, and finished with
$10,200.
Total first run business was $59,-
800. Average is $65,000.
Estimated takings for the week
ending Dec. 6:
"MARIE GALANTE" (Fox)
"KENTUCKY KERNELS" (Radio)
ADAMS— (1,770), 10c-25c-40c, 7 days.
Gross: $3,500. (Average, $5,000.)
"CRIMSON ROMANCE" (Mascot)
(First Run)
"WHAT EVERY WOMAN KNOWS"
(M-G-M) (Second Run)
FISHER— (2,975), 10c-30c-40c, 7 days.
Gross: $6,400. (Average, $10,000.)
"ANNE OF GREEN GABLES" (Radio)
FOX— (5,100), 15c-65c, including tax, 6
days. Stage: The Saxon Sisters, Joe
Peanuts, Serge Flash, Madge and Kay,
other acts. Gross: $10,200. (Average,
$15,000.)
"FLIRTATION WALK" (F. N.)
MICHIGAN— (4,100), 15c-65c, including
tax, 7 days. Stage: Benny Davis with
his Star Dust Revue; Shea and Ray-
mond; Rollo Pickert and other acts.
Gross: $29,000. (Average, $20,000.)
"CRIMSON ROMANCE" (Mascot)
(First Run)
"WHAT EVERY WOMAN KNOWS"
(M-G-M) (Second Run)
STATE— (3,000), 10c-35c. 7 days. Gross:
$5,200. (Average, $5,000.)
"PRIVATE LIFE OF DON JUAN"
(U. A.)
UNITED ARTISTS— (2.070), 25c-50c, 7
days. Gross: $5,700. (Average, $10,000.)
"Gift" with Mills
Indianapolis High
Indianapolis, Dec. 13. — "It's a
Gift," with the Mills Brothers on the
stage, piled up the heaviest gross here
last week by getting $7,500 at the
Circle.
"Flirtation Walk" took a par $7,000
at the Indiana. "Kid Millions" was
strong with $6,000, over normal by
$1,500, at the Palace.
Total first run business was $27,500.
Average is $18,500 without the Apollo
and Circle.
Estimated takings for the week end-
ings ending Dec. 8:
"WHITE PARADE" (Para.)
APOLLO— (1,171), 25c-40c, 7 days. Gross:
$2,000.
"IT'S A GIFT" (Para.)
CIRCLE— (2,638), 25c-40c, 7 days. Stage:
Mills Brothers. Gross: $7,500.
"FLIRTATION WALK" (F. N.)
INDIANA— (3,133), 25c-40c, 7 days. Gross:
$7,000. (Average, $7,000)
"I AM A THIEF" (Warners)
LYRIC— (1,896). 25c-40c, 7 days. Vaude-
ville. Gross: $5,000. (Average, $7,000)
"KID MILLIONS" (U. A.)
PALACE— (2,431), 25c-40c, 7 days. Gross:
$6,000. (Average, $4,500)
Warners Win Complaint
Pittsburgh, Dec. 13. — Warners
have won a two-for-one complaint filed
in behalf of their Manos Theatre at
Greensburg, Pa., against the Para-
mount, Latrobe, Pa. A stop order
has been issued by the grievance
board.
Opened by Mistake
Omaha, Dec. 13. — Film
salesmen returned home
this week with the tale of a
western Nebraska exhibitor
who opened a theatre, oper-
ated it for four weeks, closed
it and hung out a sign that
read "Opened by Mistake!"
"Flirtation"
Leads Pickup
At Cleveland
Cleveland, Dec 13. — The biggest
holiday and post-holiday business in
five years shot business up 66 per cent
above average. Every house did plus
business. "Flirtation Walk" was the
best attraction, culling $19,000 as
against a |6,000 average at Warners'
Hipp.
"Anne of Green Gables" opened to
record business at the RKO Palace.
"College Rhythm," "Babes in Toy-
land" and "Peck's Bad Boy" all made
good showings. A 10 per cent pay-
ment by a closed bank and clear
weather helped.
Total first run business was $56,900.
Average is $34,100.
Estimated takings for the week end-
ing Dec. 7 :
"PECK'S BAD BOY" (Fox)
ALLEN— (3,300), 20c-30c-40c, 7 days.
Gross: $3,700. (Average, $3,000)
"FLIRTATION WALK" (F. N.)
WARNERS' HIPPODROME— (3.800). 30c-
35c-44c, 7 days. Gross: $19,000. (Average,
$6,000)
"ANNE OF GREEN GABLES" (Radio)
RKO PALACE— (3,100). 30c-35c-44c, 7
days. Gross: $12,000. (Average, $10,000)
"COLLEGE RHYTHM" (Para.)
LOEWS STATE— (3,400), 30c-35c-44c, 7
days. Gross: $15,000. (Average. $10,000)
"BLIND DATE" (Col.)
WARNERS' LAKE— (800). 20c-25c, 7 days.
Gross: $1,200. (Average. SI. 100)
"BABES IN TOYLAND" (M-G-M)
LOEWS STILLM AN— (1,900), 20c-30c-
40c, 7 days. Gross: $6,000. (Average, $4,000)
"St. Louis Kid" Is
Oklahoma City Hit
Oklahoma City, Dec. 13. — The
best comparative showing of the week
was made by "The St. Louis Kid,"
which took $3,000, about 33 1-3 per
cent over normal, at the Capitol.
"Ready for Love," with a stage
show at the Liberty, reached $2,000
in four days. Average for seven days
is $2,500. "Straight Is the Way" took
$700 for the last three days of the
week. "College Rhythm" took a near
$5,500 at the Warner.
Total first run business was $15,400.
Average is $13,500.
Estimated takings for the week end-
ing Dec. 8:
"COLLEGE RHYTHM" (Para.)
WARNER— (1,900), 10c-20c-36c-41c-56c, 7
days. Gross: $5,500. (Average, $5,000)
"WHITE PARADE" (Fox)
MIDWEST— (1,500), 10c-26c-36c-56c, 7
days. Gross: $4,200.
"ST. LOUIS KID" (Warner)
CAPITOL— (1,200), 10c-20c-26c-36c-41c, 7
days. Gross: $3,000. (Average, $2,000)
"READY FOR LOVE" (Para.)
LIBERTY— (1,500), 10c-15c-26c-36c, 4 days.
Stage: "Rhapsody in Rhythm." Gross:
$2,000. (Average week, $2,500)
"STRAIGHT IS THE WAY" (M-G-M)
LIBERTY— (1,500), 10c-15c-26c-36c. 3
days. Gross: $700. (Average week. $2,500)
"Walk" Pulls
Big $19,000,
Best on Loop
Chicago, Dec. 13. — "Flirtation
Walk" ran away with the big money
on the Loop last week by getting $19,-
000 at the Roosevelt. This tops nor-
mal by $8,000.
"365 Night in Hollywood" was also
in the big money with a gross of $20,-
000, over the line by $5,000, at the
Oriental. A. B. Marcus' "Continental
Revue" helped out. "College Rhythm"
took a good $5,500 in its second Loop
week at the Garrick.
Total first run business was $121,-
500. Average is $131,600.
Estimated takings :
Week Ending Dec. 4:
"ANNE OF GREEN GABLES" (Radio)
PALjACE— (2,509) , 25c-3Sc-50c, 7 days.
Stage: Nick Lucas, Vic Oliver, Joe Mor-
ris & Dorothy Ryan and others. Gross:
$18,000. (Average, $22,000)
Week Ending Dec. 5:
"COLLEGE RHYTHM" (Para.)
(Second Loop Week)
GARRICK— (900), 25c-35c-40c, 7 days.
Gross: $5,500. (Average, $5,000)
"FLIRTATION WALK" (F. N.)
ROOSEVELT— (1,591), 25c-35c-50c, 7 dayi.
Gross: $19,000. (Average, $11,000)
"WE LIVE AGAIN" (M-G-M)
UNITED ARTISTS— (1,700), 30c-40c-60c,
2nd week, 10 days. Gross: $10,000. (Aver-
age, $17,000)
Week Ending Dec. 6:
"LIMEHOUSE BLUES" (Para.)
CHICAGO— (4,000), 25c-35c-68c, 7 days.
Stage: Buddy Rogers & Cavaliers, Jeannie
Lang, Emily Losen Red Harbour, 3 Rhythm
Rascals. Gross: $31,000. (Average, $34,600)
"36S NIGHTS IN HOLLYWOOD" (Fox)
ORIENTAL— (3,940), 25c-40c. 7 days.
Stage: A. B. Marcus' "Continental Revue,"
Gross: $20,000. (Average, $15,000)
Week Ending Dec. 7:
"WHAT EVERY WOMAN KNOWS"
(M-G-M)
APOLLO— (1,400), 25c-35c-50c. 2nd week,
7 days. Gross: $5,000. (Average, $12,000)
Week Ending Dec. 8:
"AGE OF INNOCENCE" (Radio)
STATE -LAKE— (2,776), 20c-25c-35c, 7
da vs. Stage: "In Honolulu," with Princess
Ahi. Gross: $13,000. (Average, $15,000)
"Bike Rider" Gets
$ 14,500, Montreal
Montreal, Dec. 13. — Local fans are
continuing with their film-shopping
before getting into the Christmas
scramble and the first run houses
scored a good week. Loew's was on
top to the extent of $14,500 with "Six-
Day Bike Rider" and Thurston on the
stage, while "We Live Again" brought
$8,500 to the Princess. Second week
of "The Merry Widow" at the Palace
meant $8,500, as against $14,000 for
the first week. "College Rhythm"
clicked at $10,000 at the Capitol.
Total first run business was $45,000.
Average is $40,500.
Estimated takings for the week end-
ing Dec. 8:
"COLLEGE RHYTHM" (Para.)
"MENACE" (Para.)
CAPITOL— (2,547), 25c-35c-40c-50c-60c. 7
days. Gross: $10,000. (Average, $9,500)
"THE GREAT DEFENDER" (British)
IMPERIAL— (1,914), 15c-25c-35c, 7 days.
Stage: "Teatime in London." Gross:
$3,500. (Average, $3,500)
"SIX-DAY BIKE RIDER" (F.N.)
LOEW'S— (3,115). 30c-4Oc-45c-57c-75c,_ 7
days. Stage: Thurston, the Magician.
Gross: $14,500. (Average. $10,500)
"THE MERRY WIDOW" (M-G-M)
PALACE— (2,600), 30c-34c-40c-50c-65c, 7
days, 2nd week. Gross: $8,500. First week:
$14,000. (Average, $11,000)
"WE LIVE AGAIN" (U.A.)
"THAT'S GRATITUDE" (Col.)
PRINCESS — (2,272), 30c-35c-50c-65c, 7
days. Gross: $8,500. (Average, $6,000)
"Jn iffattlj ana Hop* % H&atib mill Itaagree,
l«t all JHankmiTH (Emtrrrn ta (Eljarttg."
— Pope
A^^P A will not be found wanting in
her heritage. Those irrepressible, indispen-
sable men and women of the craft are sacred
to their trust . . .
AMPA's fine membership body is mar-
shalling every force to help those unfortu-
nate people of the picture business who are
still swirling in that relentless vortex of
adversity . . .
Ironically enough, after five long heart-
breaking years, there are many who yet find
themselves buffetted about in the economic
holocaust. Their need, their privations,
their human suffering are our moral con-
cern . . .
These few nights before Christmas, a
poignant aura of sentiment and sympathy
transcends everything we do. It is the twi-
light period of philosophical retrospection.
Man ponders the thought as he looks upon
his stricken brethren, " — there but for the
grace of God, am I."
Hearts soften. Pocketbooks open. A
whole industry becomes charity conscious.
Humanity is marching towards that brother-
hood of mankind. It is no longer a question,
"Will you give?" — but rather, "How
much."
AMPA is diverting her charitable
efforts this year to the needs of the
MOTION PICTURE CHARITIES' FUND. All
the proceeds will go towards that agency of
relief and sustenance . . .
There is a strong, united front to stem
the tide of distress. Everybody is dedicating
a few financial sacrifices to that sympathetic
task which lies before us all. The intensive
drive is gathering force . . .
The dramatic climax to this humanitarian
effort will be reached the afternoon of
December 20th, at AMPA's annual Christ-
mas Dinner, Hotel Astor. It'll be the Yule-
tide occasion when sympathy, service and
intra-industrial good-fellowship will be
blended together in spiritual happiness . . .
Powerful production and distribution per-
sonalities, great box-office names and
executives at the helm of the industry's
destinies will attend, for "all mankind's con-
cern is charity."
In the meantime, make your donation
today however small it might be. Mail check
to Paul Benjamin, AMPA Treasurer, 630
Ninth Avenue. A thousand thanks for your
generosity . . .
— and God bless you!
•
ft
SHIRLEY
ITEMPLE
MO
M'S COMEDY SMA
\
n 1
STARRI NG
RAY WALKER
ARLINE JUDGE
wi
ith
JIMMY F AY
GEORGE E. STONE
•
Directed by JOSEPH SANTLEY
A BEN VERSCHLEISER Production
Story and Screen Play by Joseph Santley
The Leading
Motio
Picture
Industry
MOTION PICTURE
DAILY
Alert,
Intelligent
the In
in All
Branches
VOL. 36. NO. 141
NEW YORK, SATURDAY, DECEMBER 15, 1934
TEN CENTS
MPTOA Meet,
Feb. 25-27,
Set for N. O.
Code Problems, Congress
Attitude to Come Up
Annual convention of the M.P.
T.O.A. will be held in New Orleans
on Feb. 25-27, Ed Kuykendall, presi-
dent, stated yesterday. The three-
day session will end a day before
the Mardi Gras, giving convention-
ites opportunity to attend the out-
door show.
In addition to annual elections at
which Kuykendall is expected to be
continued as head of the national or-
ganization, amendments to and re-
opening of the code will be discussed
at some length.
Principal topic which will concern
conventioneers will be Congress' at-
titude toward the industry, especially
(Continued on page 4)
Academy as Whole
To Vote on Awards
Hollywood, Dec. 14. — The Acad-
emy awards committee has set Feb.
27 as the date for presentation of
the annual awards.
Nominations for the best picture
have been raised from eight to 12
and the entire Academy will be per-
mitted to make a choice from these
12, instead of confining the choices
to the producer branch.
Nominations and elections for in-
dividual achievements in other
branches will be confined to the
branches, as in the past.
Clearance Goes Back to
Boards as Campi Ponders
M-G Pictures
'34 Net About
Triples 1933
Net profit of Metro-Goldwyn Pic-
tures Corp. for the year ending Aug.
31 was almost three times as high
as it was the previous year. This
year's total, after Federal taxes, de-
preciation and amortization, was $4,-
702,257.71. Last year it was $1,326,-
827.11.
Total assets are up by $4,542,811
over the previous year, the latest fig-
ure being $45,160,771.85.
Earnings per share on the pre-
ferred stock were $31.26 as com-
pared with $8.65 the previous year.
Dividends paid on the preferred to-
taled $289,620.06. On the common
the total was $3,500,000.
Net operating income of the com-
pany for 1934 was $31,175,696.70.
(Continued on page 2)
G. B. Regime
Of U.K. Chain
Under Probe
By BRUCE ALLAN
London, Dec. 14. — Stormy scenes
today at a meeting of stockholders
of General Theatres when severe
critics of Gaumont British manage-
ment came to light resulted in consent
of Mark Ostrer to appointment of a
committee to probe the management.
Because General Theatres has fall-
en in arrears on dividend payments,
control of the company has passed to
holders of preference shares, this cir-
cumstance at the same time blocking
all discussions of Gaumont's scheme
of reconstruction for the company.
Personnel of the committee which
the preference stockholders demanded
will be comprised of members of in-
vestment trusts and insurance compa-
(Continued on page 4)
Ohio Tax Program
Set After 2 Years
Columbus, Dec. 14.— The 90th
General Assembly — the longest in the
known history of Ohio — ended this
week after passing a bill by Senator
W. H. Herner, which the governor
(Continued on page 4)
Tibbett Engaged by
Zanuck for 5 Years
Hollywood, Dec. 14. — Darryl Za-
nuck has signed Lawrence Tibbett to
a five-year starring contract to ap-
pear exclusively in 20th Century pro-
ductions, with "Sing, Governor,
Sing," conceived by Nunnally John-
son, as the initial film.
National Film Carriers, Inc., guarantee
dependable delivery. — Adv.
Local Problems Will Be
Met While Schedules
Are Debated
With Campi members admittedly
agreed that none of the schedules sub-
mitted can be approved and adopted
for some time, the only immediate
solution to clearance and zoning prob-
lems is for exhibitors to continue fil-
ing individual protests against com-
petitors with local boards, it is stated
officially. By this method, local prob-
lems on clearances will be given im-
mediate hearings, following which ap-
peals may be taken if so desired.
Code Authority members point to
the record of local boards and appeals'
committees as indicating that for the
time being this is the quickest method
of relief. In cities where schedules
have been submitted, boards have re-
fused to listen to protests on clear-
ances on the ground that decisions
would conflict with final schedules, if,
and when, passed by Campi.
But, sjnce it is agreed that no sched-
(Continued on page 4)
Aylesworth Envisions Color;
Pu blic Relations Idea, Latest
By FRED WEHRENBERG
President, M. P. T. O. St. Louis,
Eastern Missouri and Southern
Illinois
St. Louis, Dec. 14. — Exhibitors
throughout the country will welcome
the New Year
with pomp and
pageantry i n
celebration for
the return of
good old days
when it was
more or less a
pleasure to be
in the show
business.
With picture
product that
will attract
every member
of the family to
the _t h e a t r e s,
carefully planned advertising, and an
(Continued on page 2)
By M. H. AYLESWORTH
President, RKO Corp.
I think that the industry is making
better pictures and we should have
better grosses
for 1935.
I believe that
the movement
for cleaner pic-
tures has been
and will be of
great benefit to
the industry.
While I am
fully aware that
these move-
ments are al-
ways carried to
extremes, never-
theless^ general
movement of this
character has compelled us to use our
ingenuity to build finer pictures which
we know can be clean and still inter-
(Continued on page 2)
Huffman Will Defy
Ban on Giveaways
Denver, Dec. 14.— Harry Huff-
man is determined to test the power
of Code Authority to ban giveaways.
He says he will carry the case to
the U. S. Supreme Court on constitu-
tional grounds if any attempt is made
to cut off his film service here as a
result of defiance of Campi's orders.
Several days ago Code Authority
ruled in favor of upholding an order
(Continued on page 4)
Consolidated Sets
Deal for "U" Work
Hollywood, Dec. 14. — Following a
three-day meeting between Carl
Laemmle, Sr., R. H. Cochrane and
Willard S. McKay, representing
Universal, and Herbert J. Yates, Ben
(Continued on page 2)
Asserts Invention
Ends Flywheel Use
Topeka, Kan., Dec. 14. — Elimina-
tion of the flywheel and improvement
of equipment now in use is claimed
by John F. Meek, operator at the
(Continued on page 4)
MOTION PICTURE
DAILY
Saturday, December 15, 1934
MOTION PICTURE
DAILY
(Registered U. S. Patent Office)
Vol. 36
December 15, 1934
No. 141
Martin Quigley
Editor-in-Chief and Publisher
MAURICE KANN ^g.
Editor
JAMES A. CRON
Advertising Manager
Published daily except Sunday and holi-
days by Motion Picture Daily, Inc., sub-
sidiary of Quigley Publications, Inc.,
Martin Quigley, President; Colvin Brown,
Vice-President and Treasurer.
Publication Office: 1790 Broadway, New
York. Telephone Circle 7-3100. Cable ad-
dress "Quigpubco, New York." All con-
tents copyrighted 1934 by Motion Picture
Daily, Inc. Address all correspondence to
the New York Office. Other Quigley pub-
lications: MOTION PICTURE HERALD,
BETTER THEATRES, THE MOTION
PICTURE ALMANAC and THE CHI-
CAGOAN.
Hollywood Bureau: Postal Union Life
Building, Vine and Yucca Streets, Victor
M. Shapiro, Manager; Chicago Bureau: 407
South Dearborn Street, Edwin S. Clif-
ford, Manager; London Bureau: Remo
House, 310 Regent St., London, W. 1,
Bruce Allan, Representative. Cable address:
"Quigpubco, London"; Berlin Bureau:
Berlin - Tempelhof , Kaiserin - Augustastrasse
28, Joachim K. Rutenberg, Representative;
Paris Bureau: 19, Rue de la Cour-des-
Noues, Pierre Autre, Representative; Rome
Bureau: Viale Gorizia, Vittorio Malpassuti,
Representative; Sydney Bureau: 102 Sus-
sex Street, Cliff Holt, Representative; Mex-
ico City Bureau: Apartado 269, James
Lockliart, Representative; Glasgow Bureau:
86 Dundrennan Road, G. Holmes, _ Repre-
sentative; Budapest Bureau: 3, Kaplar-u,
Budapest, II, Endre Hevesi, Representa-
tive; Moscow Bureau: Civtzev Vrazhek,
N. 25, Apart. 146, Moscow, U. S. S. R.,
Bella Kashin, Representative. Cable ad-
dress: "Samrod, Moscow."
Entered as second class matter, January
4, 1926, at the Post Office at New York
City, N. Y., under Act of March 3, 1879.
Subscription rates per year: $6 in the
Americas, except Canada $15 and foreign
$12. Single copies: 10 cents.
Aylesworth Envisions Color;
Public Relations Idea, Latest
By FRED WEHRENBERG
(Continued from page 1)
honest effort on the part of every ex-
hibitor to select balanced programs,
grosses will mount to the higher
brackets.
Steps should be taken early in 1935,
it strikes me, for every exhibitor to
put in practice a program of public
relations between their employees and
patrons.
Public relations as practiced by big
industries, have, in my opinion, played
a most characteristic part in pushing
the depression around the proverbial
corner.
If this public relations plan . is
adopted and practiced by exhibitors
there will be much rejoicing when
turkey day rolls around in 1935.
Consolidated Sets
Deal for "U" Work
(Continued from page 1)
Goetz and Ralph Poucher, represent-
ing Consolidated Film Industries, it
has been agreed that Consolidated
will again take over all of Univer-
sale film processing shortly after
Jan. 1.
Consolidated will do the developing
and printing both for rush and re-
lease prints for the next two years.
Final details will be worked out and
signed when Cochrane, McKay,
Yates and Poucher, who left on the
Chief last night, reach New York.
Universal's laboratory will be
closed. It may be leased to outside
enterprises. The plant cost about
$250,000 and has 80 employes who
are now out of jobs. Reasons for
the deal were not divulged, but tie
in with a $600,000 indebtedness due
Yates on Jan. 1.
Gulick Loses Mother
Death yesterday claimed the mother
of Paul Gulick, director of publicity
for Universal. Mrs. Gulick lived with
her daughter, Mrs. Frost, at Pitts-
ford, Vt., had been ill for a few days
and finally succumbed to pneumonia.
She was 81.
Gulick is on his way to the Ver-
mont town where the funeral will be
held tomorrow afternoon.
Powers May Make 26
P. A. Powers plans to produce a
minimum of 13 and possibly 26 Comi-
Color shorts during 1934-35. He
made 13 this season, an increase of
seven from 1932-33.
Powers planned to leave today for
Mexico City on a month's business
and vacation trip, but has postponed
the trip until later.
By M. H. AYLESWORTH
(Continued from page 1)
esting. The machinery at the coast,
with the seal of the industry on each
picture before release, is a guarantee
of good product which will be accept-
able to the people as a whole.
I think it is the duty of the Motion
Picture Daily and other responsible
trade papers to help us maintain the
high level we have reached in the last
six months. I believe the next great
step forward to retain audience in-
terest, along with the necessary pro-
gress in a progressive field like the
motion picture industry, will be the
development of "natural" or real color
to motion pictures. I am of the opin-
ion that 1935 will show distinct
progress in this direction and now that
the "bugs" are being eliminated in the
color process, we will see a rapid
development in the direction of color.
Surely it will be the most progres-
sive step taken in motion pictures since
the change from silent to sound motion
pictures.
M-G Pictures Net
About Triples 1933
(Continued from page 1)
Miscellaneous income reached $234,-
737.22. Amortization of negative and
positive totalled $25,786,662.73, and
$484,109.97 was allowed for deprecia-
tion. Federal taxes were $437,403.51,
leaving the net at the figure stated
above.
Palmer Appeals for
Probe Into Fox Met
Charging that Halsey, Stuart & Co
dominated Fox Metropolitan Play-
houses immediately prior to its re-
ceivership in 1932 and now dominates
Fox Met reorganization activities
through an alleged control of the
bondholders' committee, Archibald
Palmer, counsel for independent bond-
holders, asked leave of the U. S. Cir-
cuit Court of Appeals yesterday to
examine officers of the bondholders'
committee.
Palmer charged that during the
bankruptcy proceedings, Fox Met
bonds were purchased by the commit-
tee "to its own profit in the course
of a reorganization." Palmer is ap-
pealing from an order of U. S. Dis-
trict Court Judge Julian W. Mack
denying him leave to examine com-
mittee members.
William L. Bainton, of counsel for
the Fox Met bondholders' committee,
opposed the examination on the
ground that it was not proper in a
reorganization proceeding. He stated,
however, he would not oppose an ex-
amination of officers of Fox Met who,
Palmer alleged, were also affiliated
with Halsey, Stuart. Decision on
Palmer's appeal was reserved by the
court.
Prudential Circuit Moves
Prudential theatre circuit yester-
day moved from 630 Ninth Ave. to
the Paramount Bldg. Rosenblatt cir-
cuit moves Tuesday.
Book Wrestling Short
Publix Great States circuit in Illi-
nois has booked First Division's short
on the Londos-Shikat wrestling match.
U. A. Theatres Cut Loss
The United Artists Theatre Cir-
cuit, Inc., and subsidiaries, for the
year ended Aug. 31 showed a net loss
of $126,703 after depreciation,
amortization, readjustments, expenses
and other charges.
Last year's corresponding report
showed a loss of $358,902.
Grainger West Again
James R. Grainger, general mana-
ger of distribution for Universal, left
for the coast yesterday where he pro-
poses discussing the status of the
company's release schedule with Carl
Laemmle, Sr.
He will spend the week-end and
Monday in Chicago on "U's" deal
with B. & K., stop off at Kansas
City on Tuesday and then strike for
California. Mrs. Grainger accompa-
nied him. Together, they will spend
the holidays with their son, Edmund,
a Universal associate producer.
"U" Gets Marthe Eggerth
Hollywood, Dec. 14. — Universal
has signed Marthe Eggerth, Hun-
garian operatic and musical comedy
star. She will come to America in
the spring.
Better Tone on Big Board
High Low Close
Columbia Pictures, vtc 3954 3854 3854
Consolidated Film Industries ty& 4J4 454
Consolidated Film Industries, pfd 1S54 1856
Eastman Kodak 11154 HO 11054
Fox Film "A" 13% 1354 1354
Loew's, Inc 3554 34% 35
Loew's, Inc., pfd 104 104 104
Paramount Publix, cts 354 354 354
RKO 254 154 2
Warner Bros 444 4!4 4%
Warner Bros., pfd 2354 21% 23
Net
Change
+154
+ %
- %
+ %
+ %
+ %
+ 54
+ %
+ %
+2
Technicolor Slumps % on Curb
Technicolor
Trans Lux
High
. 1354
. 2%
Low
13
Close
13
2%
Net
Change
Para. Publix Bonds Up 7% Points
High Low Close
General Theatre Equipment 6s '40 8% 8% 8%
General Theatre Equipment 6s '40, ctf 854 854 854
Keith B. F. 6s '46 6554 6554 6554
Loew's 6s '41, ww deb rights 104% 10454 10454
Paramount Broadway 554s '51 4456 44% 445-6
Paramount F. L. 6s '47 65 6354 64J4
Paramount Publix 554s '50 65 6354 65
Warner Bros. 6s '39, wd 5954 59 59J4
Net
Change
+ %
+ 54
+
-H%
- 54
Sales
400
300
2,800
1,200
1,000
5,700
100
9,300
61.500
3.400
18,000
Sales
500
200
Sales
2
3
2
4
1
16
87
9
Thomas, Garyn Off
On a Business Trip
Harry H. Thomas, president of
First Division, and Walter P. (Pat)
Garyn, western sales manager for the
"March of Time" series, left for Chi-
cago yesterday. From Chicago they
will go to Detroit where Garyn will
leave Thomas and return to Chicago.
From the Windy City Garyn will go
to Des Moines, Omaha, Kansas City,
St. Louis and then back to New York,
the trip taking two weeks.
Thomas returns to New York from
Detroit where he will witness the
opening of the new First Division ex-
change under management of Milton
Cohen. While in Chicago, Thomas
will confer with Elliman on the com-
pany's exchange in that city.
Win Exploitation Prizes
Al Sindlinger, manager of the Ap-
pleton, Appleton, Wis., has won first
prize of $500 in the national exploita-
tion contest on Warners' "Six-Day
Bike Rider." Second prize, $250, has
gone to William Hendricks, Warner,
Memphis; third, $150, E. M. Hart,
Oxford, Plainfield, N. J.; fourth,
$100, Walter Akin, Melba, Dallas.
The prizes were awarded by the
Quaker Oats Co., which sponsored the
contest jointly with Warners.
Dr. Greenfield Resting
Dr. Leon Greenfield, who operates
the Paras-Court, Gloria and Boro
Hall in Brooklyn, left for Lakewood
last night on doctor's orders. Dr.
Greenfield has been ill for the last
few weeks and had been resting at the
New Jersey resort when called back
a few days ago. The Boro Hall re-
opens in about 10 days.
Feldstein to St. Louis
Detroit, Dec. 14. — William Feld-
stein, for several years state salesman
here for United Artists, has been pro-
moted to manager of the St. Louis
branch and leaves Monday to assume
his new duties. He is succeeded here
by I. Weingarten.
The Most
TRUSTWORTHY
STELLAR acting... inspired direction
. . . superb camera technique . . . should
these elements of a hit ever be jeopardized
by use of any but the most dependable
film? Unmatched scientific research, manu-
facturing experience, and distributing facil-
ities... brilliant performance every day, all
over the world... these factors all point to
Eastman Super-Sensitive "Pan" as the
most trustworthy negative for any picture.
Eastman Kodak Company, Rochester,
N. Y. (J. E. Brulatour, Inc., Distributors,
New York, Chicago, Hollywood.)
EASTMAN Supersensitive
Panchromatic Negative
MOTION PICTURE
DAILY
Ohio Tax Program
Set After 2 Years
Clearance Goes Back to
Boards as Campi Ponders
(Continued from page I)
signed, increasing tax on income-
producing intangibles from five to six
per cent. The bill previously had
been passed by the House. It is esti-
mated that this one per cent increase
will yield approximately $1,500,000,
which is the estimated equivalent of
the revenue that would have been de-
rived from the income tax. It will be
in effect for one year, the same pe-
riod allotted the sales tax.
Passage of the Herner bill was a
compromise on the defeat of the in-
come tax by the Senate and was de-
signed to offset the burden of the
sales tax on those of moderate means.
Governor White had issued an ulti-
matum that he would veto the sales
tax (passed by both the House and
Senate) unless the income tax or its
equivalent were passed by the upper
chamber.
Under the new setup, exhibitors
will pay the state approximately $1,-
000,000 a year, instead of $3,000,000
as heretofore. Exhibitors have
agreed to absorb the three per cent
tax, it is authoritatively stated.
The sales tax, normallv would be
effective Jan. 1, but will not be
placed in operation for about 30 days,
the length of time necessary to place
the collection machinery in motion.
MPTOA Meet Is Set
For N.O. Feb. 25-27
(Continued from page 1)
in view of reports of an impending
bill for elimination of block booking.
Congress will have been in session
nearly two months by the time the
convention is held, it is stated, and
its attitude toward the industry will
be evident at the end of February.
Kuykendall leaves on Monday for
Washington where he may confer on
block booking. On Dec. 19-20, he
will attend public hearings on amend-
ments to the code before Compliance
Director Sol A. Rosenblatt. The
open hearings will be on vaudeville
amendments, elimination of the lease
clause and the amendment on hiring
theatre employes. After the capital
sessions, Kuykendall will go to
Columbus, Miss., to spend Christmas
at home.
Fire Causes Damage
To Strand on B'way
The Strand was forced to close
early last night when the roof of the
theatre caught fire. A man was in-
jured. Besides the roof, the balcony
and projection booth suffered damage.
It was said late last night the house
was not expected to open today.
Pa. M. P. T. O. Meet Set
Philadelphia, Dec. 14. — The an-
nual meeting and election of officers
of the M. P. T. O. of Eastern Penn-
sylvania, Southern New Jersey and
Delaware has been set for Dec. 28 at
the Hotel Adelphia.
Cardiff Giant to Travel
The Cardiff giant will be used by
United Artists to exploit "The Mighty
Barnum." The hoax P. T. made fa-
mous will start a tour of key cities
in Boston on Dec. 17.
(Continued f
ule faces immediate approval, local
boards will now accept complaints
covering protection so that exhibitors
with clearance grievances can be heard
without undue delay.
According to official records, 1,689
clearance and zoning and grievance
cases have been heard by the 64
boards since May. Of this total, 637
involved clearance and zoning. With
329 appeals filed to date, of which 280
have been disposed, it is figured that
less than 20 per cent of the total num-
ber of more clearance and grievance
cases have been up for rehearing, in-
dicating local boards are doing busi-
nesslike job.
Code Authority members take the
stand that no schedule will be ap-
proved unless it is fair to all con-
cerned. So far none of the various
plans has come up to expectations.
The job of writing schedules is
easy, according to codists, but making
it legal is another matter. All out-
lines submitted have had price-fixing
clauses, either penalizing exhibitors by
setting back protection where admis-
sions are reduced or by automatically
designating time of release for certain
type houses. This is considered un-
fair to some exhibitors, while dis-
tributors maintain that under these
Bombings in Boston
Held Work of Union
Boston, Dec. 14. — E. M. Loew told
Motion Picture Daily today he
might be quoted as directly and def-
initely blaming the M. P. Operators'
Union for the bombing here Wednes-
day of the Tremont and Majestic,
belonging to the circuit bearing his
name. "This is the answer of the
union to President Roosevelt's plea
to stop crime," he said.
Morton Lieberman, executive of
the Lieberman circuit, which operates
the two bombed houses, also told
Motion Picture Daily when asked
if the houses would continue to use
employes belonging to the Knights
of Labor, a nonaffiliate of the A. F.
of L. "You're right we are. We
won't be forced into anything."
Both circuits declare they will not
be intimidated.
Lieberman claims business at the
bombed Tremont has been above nor-
mal since the outrage.
Detroit's Downtown
Houses Cut Scales
Detroit, Dec. 14. — First-runs are
cutting scales this week. The new
scale is as follows : opening to 2 P. M.,
25 cents; 2 P. M. to 6:30 P. M., 35
cents; after 6 P. M., 55 cents.
This is a cut of 10 cents in the
opening and evening prices and of five
cents in the matinee prices at the Fox
and Michigan, with the same afternoon
cut at the United Artists, which main-
tains its night price of 55 cents.
Subsequent runs predicted that the
cut would bring about a price war,
especially the second and key run
theatres, whose operators said they
probably would go from 25 cents to
20 or 15 cents.
rom page 1)
provisions the power to sell protection
is taken away.
The distributors' angle was brought
up again Thursday when Loew's pro-
tested the New Haven schedule on
the ground that it had bought protec-
tion for the College, which was de-
nied by the local board and in the
final schedule submitted. The theatre,
a second run house, bought protection
over all New Haven, but, according
to the plan, Loew's couldn't even day-
and-date pictures.
The Kansas City schedule has been
before Campi at five different hear-
ings and efforts to map out a work-
able plan have met with little success.
It will be brought up again on Dec.
27, but it is doubtful whether an agree-
ment will be reached.
The New Haven outline has been
discussed by Code Authority four
times ; Buffalo, three, and Los An-
geles, three.
Efficacy of the individual protest is
particularly evident in territories like
New York, New Jersey, Cleveland
and Philadelphia where no schedules
were drawn. In these selling centers,
exhibitors have been settling clearance
problems before local boards. In
many instances appeals have been
taken, especially in New York and
New Jersey, with quick dispositions
resulting.
Better Film Trade
In Japan Predicted
Better times for the industry in
Japan next year were predicted yes-
terday by Lipton Astrachan, manag-
ing director there for Universal, who
based his belief not only on the up-
turn in business but on the fact that
the quality of American product is
improving. Grosses the past year have
shown a gain of 20 per cent in Japan,
according to Astrachan.
Japanese fans demand action above
everything else, asserted Astrachan,
who added that American producers
desiring to advance their interests in
Japan ought to "cut down on dialogue
and make pictures that move instead
of talking pictures."
Smith Calls Session
Of Catholic Council
A meeting will be called next week
by Alfred E. Smith, chairman of the
new Legion of Decency Council of
the Catholic archdiocese of New York.
The purpose is to advise the local
clergy in their drive on objectionable
films and to devise some method of
collecting the 350,000 pledges to stay
away from unclean films which have
been distributed among Catholic
churchgoers here.
The new committee, of which Smith
is chairman, was appointed by Cardi-
nal Hayes. All counties in the arch-
diocese will be represented on the
council.
Fire at Jersey House
The Monticello, Jersey City, yester-
day suffered $5,000 damage from a fire
believed started by thieves.
Saturday, December 15, 1934
G.B. Regime of U.K.
Chain under Probe
(Continued from page 1)
nies who will investigate General's
financial condition, its accounts and
the Gaumont plan for its rehabilita-
tion. Today's meeting, therefore, ad-
journed until the committee reports.
Prior to the meeting, however, the
air was surcharged with rumors of
General Theatres associating either
with John Maxwell of B.I.P. or
Lord Beaverbrook, once in the exhibi-
tion business through Provincial
Cinematograph Theatres, Ltd., which
Gaumont British subsequently pur-
chased. Both men were reported to
be angling for the entire issue of pref-
erence shares, but confirmation or any
admission that a deal was on has not
been forthcoming.
Outstanding are 1,250,000 shares of
seven and one-half per cent cumula-
tive preference stock.
Huffman Will Defy
Ban on Giveaways
(Continued from page 1)
of the local grievance board for stop-
page of the practice, but Huffman
says he will continue and will start
his court fight if and when the board
orders his film stopped. The usual
procedure in a case of this kind is for
the board to summon all parties to a
case to prove non-compliance with an
order.
Flinn to Buffalo on
Clearance Problems
Executive Secretary John C. Flinn
leaves for Buffalo tonight to meet with
local exhibitors and code board mem-
bers on the clearance and zoning
schedule. Campi recently sent back
the plan when it was found that all
of the 12 basic principles had been
disregarded.
Flinn will return Monday night and
on Tuesday evening will leave for
Washington to, attend the public hear-
ing on code amendments on Wednes-
day and Thursday.
Chicago Clearance
Cases Being Heard
Chicago, Dec. 14. — The local clear-
ance and zoning board has begun
hearing individual protests following
withdrawal of the clearance schedule
originally framed. At the first hear-
ing in the case of the Lexington
against the Lawndale the board ruled
that the clearance held by the Lawn-
dale over the Lexington on certain
company products was unfair.
Asserts Invention
Ends Flywheel Use
(Continued from page 1)
Princess, for a sound projector he has
patented. An eastern projector man-
ufacturer is negotiating for rights to
the development, according to the in-
ventor.
A projectionist of 25 years sand-
ing, Meek claims his invention will
lower the cost of manufacturing
equipment by $100 each. His inven-
tion substitutes three parts for the
19 parts now in use and incorporates
an entirely new principle in feeding
the film, he says.
The Leading
rap
Motion^
Picture
Industry
MOTION PICTURE
DAILY
Alert,
Intelligent
the I
in All
Branches
VOL. 36. NO. 142
NEW YORK, MONDAY, DECEMBER 17, 1934
TEN CENTS
Films Skidded
In 1930, Tax
Figures Prove
Other Industries' Peaks
Were in '27 and '28
By CLARENCE LINZ
Washington, Dec. 16. — Effects of
the depression upon the film industry
are graphically depicted in statistics
of income for 1932 made public tonight
by the Internal Revenue Bureau.
Comparison of the bureau's figures
with those for previous years shows
that the industry was at a peak in
1930, whereas manufacturing indus-
tries generally reached their highest
levels in 1927 'and 1928.
While the tax figures accurately
portray conditions in industry, they
are not complete surveys since they
cover only the operations of corpora-
tions. No breakdown by industries is
made of the individual returns.
The records show that 291 produc-
ing corporations filed income returns
(Continued on page 3)
Warners to Rename
Officers Tomorrow
No changes in the executive per-
sonnel will be made at the Warners'
board of directors meeting which will
be held tomorrow at the company's
home office. Albert Warner will pre-
side in the absence of Harry M. War-
ner, who left for the coast Friday ac-
companied by Jacob Wilk, S. Charles
Einfeld and A. W. Smith.
Officers to be reelected are : Harry
Warner, president : Albert and Jack
(Continued on page 3)
Wisconsin Men Act
Soon on New Setup
Milwaukee, Dec. 16. — Exhibitors
of the state are to act on proposed by-
laws and a constitution for new In-
dependent Theatres Protective Ass'n.
for Wisconsin and Upper Michigan
at a meeting to be held at the Hotel
Plankington Dec. 19.
Coast Production
Gains; 41 in Work
Hollywood, Dec. 16. — Production
for the week just closed showed a
decided increase with 41 features and
four shorts before the cameras as
against 36 and three for the week
previous. Added to this upward trend
(Continued on page 12)
Selective Buy
Ruling Stirs
Interest Here
Confusion Results from
Kutinsky Situation
Although some confusion exists in
local exhibitor circles as a result of a
decision handed down last week by the
New York grievance board, exhibitors
have the right to buy selective con-
tracts, it is stated at Campi headquar-
ters.
The dispute arose when Morris Ku-
tinsky, operating the Community,
Queens Village, L. I., argued his over-
buying complaint against A. H.
Schwartz's Queens, Queens Village.
According to his selective contracts,
Schwartz bought 212 films, his re-
quirements calling for 208, which.
(Continued on page 12)
New Film Council
To Meet Thursday
The New York Council of the Le-
gion of Decency will hold its first
meeting Thursday at a luncheon at
the Empire State Building. Alfred E.
Smith, chairman, will preside.
The former governor has been silent
on proposed plans of the council and
(Continued on pane 4)
Tough Problem
Lincoln, Dec. 16.— The Bet-
ter Films Council here has
a problem. Three months ago
it was suggested that the
name be changed to M. P.
Research Council. The propo-
sition has been debated at
each monthly meeting since.
The latest meeting voted
for postponement of the vote
another month. All other
business, except the reading
of the minutes, has been
shelved for this important
move.
FWC Hearing Comes
Up in Court Today
Los Angeles, Dec. 16. — Recom-
mendation on the sale of Fox West
Coast to National Theatres by Referee
Earl E. Moss comes before Judge
James in the U. S. District Court
tomorrow.
So far only two objectors to the
reorganization plan are on record.
They are Marshall Square Theatres,
(Continued on page 12)
Chicago Conspiracy
Charge Up Tomorrow
Conspiracy charges against all major
distributors by the Rosewood, Chicago,
will be heard by a Campi appeal com-
mittee tomorrow.
W hen the original complaint was
(Continued on page 12)
Goldwyn and Lichtman Are
For Sending Up Admissions
By AL LICHTMAN
Vice-President, General Manager,
United Artists
Producers are trying to make better
pictures and I think the pictures of
1934 are ample
proof of their
effort to do so.
However, as
to grosses, that
depends entirely
upon admission
prices. Admis-
sion prices are
entirely too low
generally
throughout the
country and the
first-run thea-
tres are the
most severely
affected by the
drop down of admission prices. If not
(Continued on page 4)
By SAMUEL GOLDWYN
United Artists Producer
Hollywood, Dec. 16. — What about
1935 for the industry?
As I see the
trend now, we
are gradually
heading back
where we
started from,
22 years ago —
right back to
th e nickel-
odeon !
You have
only to read
the daily news-
papers to see
that my state-
ment is not far-fetched. I read in
one of the Los Angeles papers
that the Criterion here is going to
(Continued on page 4)
Para. Groups
Desire Naming
Of Full Board
Delay Approval of Plan
Pending Selections
Declaring that the success of the
Paramount Publix reorganization plan
is so largely dependent upon the man-
agement of the company, leading credi-
tors' groups in the reorganization have
advised Paramount that they will not
give formal approval to the plan until
the remaining members of the new
board of directors have been definitely
selected, it was learned Saturday.
The stockholders' protective com-
mittee of which Duncan A. Holmes is
chairman so advised the holders of
certificates of deposit late last week.
In addition, various debenture and
merchandise creditors' committees are
understood to have taken the same
position. These committees, it is
stated, while in agreement on the con-
tents of the plan in so far as pro-
visions for claims settlements are con-
cerned, have not given their formal
approval yet.
The Paramount plan provides for
the selection of a board having a mini-
mum membership of 12 and a maxi-
mum of 20. Only nine members have
been definitely selected to date. Em-
phasizing the importance of the board's
(Continued on page 4)
Reisenfeld Has Plan
For an Arty Circuit
Hollywood, Dec. 16. — Dr. Hugo
Reisenfeld and the men associated with
him in the reopening of the Filmarte
on Christmas day are planning a cir-
cuit of arty houses if this ones goes
over.
With Abe Mayer and Ira Simmons,
Dr. Reisenfeld has formed the Fil-
marte Distributing Co. Spots where
they propose to expand are San Fran-
cisco, Portland and Seattle.
Radio's Free Shows
Up at Meeting Soon
Campi's committee on unfair com-
petition, appointed recently, is ex-
pected to hold a meeting shortly with
(Continued on page 12)
Strand Dark a Week
For Fire Repairing
The Strand, closed by fire early
Friday night, will not be reopened for
another week or 10 days, it was stated
(Continued on page 4)
MOTION PICTURE
DAILY
Monday, December 17, 193*
MOTION PICTURE
DAILY
(Registered U. S. Patent Office)
Vol. 36 December 17, 1934 No. 142
Martin Quigley
Editor-in-Chief and Publisher
MAURICE KANN
Editor
'iJi JAMES A. CRON
Advertising Manager
Published daily except Sunday and holi-
days by Motion Picture Daily, Inc., sub-
sidiary of Quigley Publications, Inc.,
Martin Quigley, President; Colvin Brown,
Vice-President and Treasurer.
Publication Office: 1790 Broadway, New
York. Telephone Circle 7-3100. Cable ad-
dress "Quigpubco, New York." All con-
tents copyrighted 1934 by Motion Picture
Daily, Inc. Address all correspondence to
the New York Office. Other Quigley pub-
lications: MOTION PICTURE HERALD,
BETTER THEATRES, THE MOTION
PICTURE ALMANAC and THE CHI-
CAGOAN.
Hollywood Bureau: Postal Union Life
Building, Vine and Yucca Streets, Victor
M. Shapiro, Manager; Chicago Bureau: 407
South Dearborn Street, Edwin S. Clif-
ford, Manager; London Bureau: Remo
House, 310 Regent St., London, W. 1,
Bruce Allan, Representative. Cable address:
"Quigpubco, London"; Berlin Bureau:
Berlin - Tempelhof , Kaiserin - Augustastrasse
28, Joachim K. Rutenberg, Representative;
Paris Bureau: 19, Rue de la Cour-des-
Noues, Pierre Autre, Representative; Rome
Bureau: Viale Gorizia, Vittorio Malpassuti,
Representative; Sydney Bureau: 102 Sus-
sex Street, Cliff Holt, Representative; Mex-
ico City Bureau: Apartado 269, James
Lockhart, Representative; Glasgow Bureau:
86 Dundrennan Road, G. Holmes, Repre-
sentative; Budapest Bureau: 3, Kiplar-u,
Budapest, II, Endre Hevesi, Representa-
tive; Moscow Bureau: Civtzev Vrazhek,
N. 25, Apart. 146, Moscow, U. S. S. R.,
Bella Kashin, Representative. Cable ad-
dress: "Samrod, Moscow."
Entered as second class matter, January
4, 1926, at the Post Office at New York
City, N. Y., under Act of March 3, 1879.
Subscription rates per year: $6 in the
Americas, except Canada $15 and foreign
$12. Single copies: 10 cents.
Goetz Arrives Tomorrow
Harry Goetz of Reliance returns
from England tomorrow, having lined
up Robert Donat for one picture while
abroad. He also signed another star,
whom he will make public on his
arrival.
Edward Small, Sam Wood, Lillian
Hellman and Louis Weitzenkorn left
for the coast Saturday. Wood, who
has been working on an original story,
will complete preparations on the coast
in a few weeks when production will
start at Pathe Studios.
After the original, Wood will return
east for additional talent Reliance has
been negotiating for several weeks.
"Melody Lingers On" will be Wood's
second for Reliance.
Empire Plans Full List
Empire Film Distributors, Inc.,
recently formed with Roman Rebush
at its head, has plans to supply a full
year's program for affiliated ex-
changes. Fifteen pictures for two pro-
ducing units — Mayfair. Pictures Corp.
and Kinematrade, Inc. — are on the
schedule now, it is stated.
}2.000,O0O SPECTACLE
| ail f-"f'tt>
' FOR RIGHTS AND
BOOKINGS APPLY
Eureka Prod. Inc.
723 7th Ave., N.Y.C.
Insiders' Outlook
pURRENT activity of the re-
^ organizers of Paramount is
concentrating largely, but not en-
tirely, on getting the company's
plan over the Federal court hur-
dle, which means December 27.
The sky is not cloudless, but shot
through with signs of trouble
from several sources, one of them
that active champion of minori-
ties named Samuel Zirn. But,
while the effort and the hope be-
gin and end with that red-letter
day not far off now, other mat-
ters are not being permitted to
slide into lethargy. Not by a long
shot. ...
▼
This explains why whatever con-
versations, which are really flirta-
tions, have been going on with
Ben Schulberg and Walter Wan-
ger are unofficial, off-the-record
and a couple of other things, all
designed to impress with their
secrecy. Technically, the Para-
mount board, so far as it has
gone, can do nothing about new
alignments in various branches of
the Paramount structure. The
directorate becomes a working
group only when the reorganiza-
tion plan is clear of the bank-
ruptcy court. In the meantime
futures are being discussed as
against the day when something
will have to be done about them.
You may have been wondering
where and how Manny Cohen fits
into the production picture. Sim-
ple enough. The present drift
merely fails to include him. . . .
▼
Difficult about the situation is
the effect considered changes at
the studio will have on produc-
tion. Learning what courses
through the reorganizes' minds
hasn't been tough to run down ;
it's all been a question of talking
to the right individuals. It might
be a question, too, of exactly how
advisable is a procedure which
allows word of such deliberations
to filter into print, production at
large being as sensitive an equa-
tion as it is. A lead pipe cinch
is it that Cohen knows what is
going on. As a matter of fact and
of record as well, if you like, the
span of minutes between appear-
ance of Motion Picture Daily
last Monday with a flash on the
conferencing with Schulberg and
a telephone call to Cohen in Hol-
lywood was approximately thirty.
Is Manny at the minute busy on
production or figuring out his
own situation ? You can answer
that without help from this de-
partment. . . .
T
"Clearance Goes Back to
Boards as Campi Ponders," head-
lines our favorite trade paper.
As Campi ponders over what?
Over the attitude of distributors
who are insisting that protection
is to be sold as a consideration
alongside of rentals. Amazing
are the objections rearing their
stubborn heads over this question.
The first anniversary of the code
has come and passed. The docu-
ment provides for clearance
schedules, as anyone can tell you
in the event your knowledge is
shy on this point. The 1934-35
season is well on, but clearances
most emphatically are not. Now
comes this last week-end to stress
the amusing statement Campi
members agree none of the sched-
ules can be approved or adopted
"for some time." . . .
▼
The job of writing schedules is
easy, but making them legal is
another matter, maintain the cod-
ists. Agreed that the job is not
like falling off a log. Agreed,
it must be further, that the task
might simplify itself if special
interests were broadgauged
enough to relinquish part of what
they term their inalienable rights.
By special interests reference is
made not merelv to distributors
Eastman Drops Two on Big Board
Net
High Low Close Change
Columbia Pictures, vtc 39% 38% 38%
Consolidated Film Industries 4% 4% 4%
Consolidated Film Industries, pfd 18% 18% 18?^
Eastman Kodak 109% 108% 108%
Loew's, Inc 35J4 35 3554
M-G-M, pfd 27% 27% 27%
Paramount Publix, cts 3% 3% 3%
Pathe Exchange 1% V/g 1%
Pathe Exchange "A" 13% 13% 13%
RKO 2% 25* 2Vt
Warner Bros 4% 4% 4%
Warner Bros., pfd 23 22% 22%
+ %
+ %
+ %
— */<,
Technicolor Only Listed Curb Issue
Technicolor
High
■ 13%
Low
13
Close
13
Net
Change
Keith Bonds Jump IV2 Points
Keith B. F. 6s '46 _
Loew's 6s '41. ww deb rights.
Paramount Publix 5%s '50...
Warner Bros. 6s '39, wd
High
. 67
.105
. 65
• 59%
Low
65%
mu
64%
59%4
Net
Close Change
67
105
64%
59%
+1%
-r %
- %
+ %
Sales
200
200
700
400
4.300
100
1.400
300
100
2.900
1,900
130
Sales
400
Sales
6
8
3
12
themselves, but to their lawyers
who have to keep busy to keep
their jobs. The disciples of
Blackstone choked off the fa-
mous 5-5-5 agreement after al-
most two years of deliberation.
Today, they are doing a mighty
good job in keeping clearance a
hope instead of a fact. . . .
▼
One of the inside angles of
the product settlement between
Loew's and RKO in the metro-
politan area is supposed to be
agreement on the part of the lat-
ter not to build for the next two
years. An RKO executive de-
scribes this as applesauce in one
breath. In the next, he asks
where would the money for new
construction come from, pre
vided the intention to so do were
there? . . . Preparing for next
season and prompted by a desire
not to be caught on the short end
of film availabilities, nevertheless,
the RKO circuit is dickering al-
ready with Fox. A three-year-
franchise idea is being advanced
with the sparring running full
blast both on the side of buyer
and seller. . . .
T
If John F. Meek, operator of
the Princess, Topeka, has what
he thinks he has, which is a plan
for elimination of the debated fly-
wheel device in sound repro-
ducers, it won't be long before
Erpi sends a representative call-
ing. ... If the local unions get
together under the plan already
broached, the dove of peace will
circle amicably for the next ten
years, picketing will come to an
abrupt stop and probably the re-
gime of theatre outrages as well.
. . . Charlie Skouras flew west
yesterday for a second time with-
out his management contract.
The understanding now is it
won't be until F. W. C. is reor-
ganized. . . .
KANN
Boston Dual-Vaude
Bills Are Big Drau
Boston, Dec. 16— The situation i
Scollay Square finds the M. & B
Scollay Square hauling in audience
with a twin-feature policy augmente<
by seven acts of vaudeville, the Rialti
turning into an all-night grind house
and the Strand in the process of be
coming a haven for beer.
Manager Joe Brennan has returnee tt
the State, Loew first run, to doubli
features, a policy first put into effec
temporarily several months ago.
Fox Men Shift Jobs
Salt Lake City, Dec. 16. — Clydt
Blasius, office manager of the Fo>
Butte office, has been transferred tc
the local exchange as ad sales head
Robert Dauquin, who has been a'
sales head here, takes over Blasius
former iob.
Mayer Off for India
Bostox. Dec. 16. — Charles Mayer,
formerly a salesman here for Fox.
sailed Friday night to join the com-
pany's branch in Bombay, India.
Monday, December 17, 1934
MOTION PICTURE
DAILY
Films Skidded
In 1930, Tax
Figures Prove
(Continued from page 1)
[or 1929, 101 of which had taxable
income, their total gross receipts being
«280,303,000 and their net $50,238,000.
\fter deduction of $2,202,000 for prior
year loss, they had a tax liability of
$5,330,000. There were also 142 re-
turns showing no tax, the gross
income being $63,142,000 and the
deficit $5,838,000 ; and 48 returns from
inactive corporations.
The following year the total number
of returns dropped to 246 and taxable
returns to 84, but the gross income of
the taxable companies rose to $357,-
137,000. Expenses, however, were
far heavier in proportion, and the net
income was but $31,835,000 and, after
deduction of $871 for prior year loss,
the tax liability was $3,690,000. Re-
turns of 124 untaxable companies
showed gross income of $53,563,000
and a deficit of $8,447,000. Inactive
returns were filed by 38 corporations.
The 1931 record shows 234 returns,
of which 54 were taxable with gross
income of $29,696,000 and net of
$2,698,000. After prior year loss
deductions of $44,000, the tax liability
was $318,000. Returns of 145 corpo-
rations showed gross income of
$412,252,000 and a deficit of $11,372,
000, while 35 concerns filed inactive
reports.
Only 218 Returns for 1932
For 1932, only 218 returns were
filed, but 44 of which were taxable
the gross income having been reduced
to $14,349,000 and net to $1,145,000.
Prior year losses were $181,000, leav-
ing a tax liability of but $135,000
Returns of 151 corporations showed
■ gross income of $176,446,000 and
deficit of $31,344,000, while 23 inactive
corporations were reported.
Among the film theatre corporations,
. 1929 returns were filed by 2,407, 1,293
of which were taxable, their gross
, income being $378,663,000, net $41
044,000, prior year loss $1,972,000 and
tax $4,105,000 ; non-taxable returns
were filed by 1,046 corporations with
gross income of $129,775,000 and defi
i] cit of $18,650,000, while 68 inactive
returns were received.
In 1930, the number of returns filed
dropped to 2,387 but 1,295 were tax
able, having gross income of $394,
681,000, net of $43,133,000, prior
year loss of $2,218,000 and tax of
$4,613,000; 1,025 non-taxable returns
were filed, snowing gross income of
$118,423,000 and deficit of $13,390,000,
and 67 inactive returns were received
The total number of returns filed
remained unchanged for 1931 at 2,387
but the taxable returns dropped to
1,167, showing gross income of $276,
, 519,000 and net of $26,005,000, with
prior year losses of $2,365,000 and tax
. of $2,638,000, a drop of nearly $2,000,
000 from 1930. Non-taxable returns
increased to 1,148, with gross income
of $208,133,000 and deficit of $21,582,
: 000, and inactive corporations increased
to 72.
For 1932, reflecting the efforts of the
circuits to divest themselves of houses,
the total number of returns jumped to
' 2,662, but only 587 were taxable, or
about half as many as in 1931. Gross
income was but $180,374,000 and the
net $13,683,000. Prior year losses
were $257,000, and the tax declined to
$1,814,000. The number of non-taxable
returns jumped to 1,995, showing
gross income of $325,116,000 and a
deficit of $73,109,000, while 80 con-
cerns were reported inactive.
A steady decline in the number of
theatres other than straight film
houses is shown by the bureau's
records. The high point for the
legitimate and vaudeville stage was in
1928, when 1,073 returns were filed,
433 of which were taxable, having
gross income of $137,014,000, net of
$9,595,000, prior year losses of $591,-
000 and tax liability of $1,022,000.
Non-taxable returns were filed by 503
corporations, showing gross income of
$67,742,000 and deficit of $11,443,000,
and 137 inactive returns were received.
For 1929, 882 returns were filed, 323
of which were taxable, with gross
income of $63,007,000, net of $7,986,-
000, prior year loss of $1,402,000 and
tax of $694,000 ; 443 non-taxable
returns showed gross income of
$40,802,000 and deficit of $8,485,000,
and 116 returns were filed by inactive
corporations.
Returns Down to 778 by 1930
By 1930, the number of returns had
dropped to 778 and taxable returns to
239 showing gross income of $28,898,-
000, net of $3,679,000, prior year loss
of $485,000 and tax of $330,000; 403
non-taxable returns were filed, show-
ing gross income of $38,693,000 and
deficit of $8,236,000; inactive returns
numbered 136.
A further decline in 1931 brought
the total returns to 669 and taxable
returns to 182 with gross income of
$18,764,000, net of $1,398,000, prior
year loss of $112,000 and tax of
$130,000, while 343 non-taxable re-
turns showed gross income of $33,-
147,000 and deficit of $7,532,000;
inactive returns jumped to 144.
The 1932 report showed but 536
returns only 78 of which were taxable.
Gross income had declined to $9,740,-
000 and net to $1,307,000, while prior
year loss jumped to $230,000 and tax
increased to $147,000. Inactive returns
filed by 341 corporations showed gross
income of $27,664,000 and deficit of
$22,009,000, while 117 inactive returns
were filed.
Warners to Rename
Officers Tomorrow
(Continued from page 1)
Warner, Sam E. Morris and Herman
Starr, vice-presidents ; Albert War-
ner, treasurer ; Samuel Carlisle, W.
Stewart McDonald and Cyril H.
Wilder, assistant treasurers ; Abel
Cary Thomas, secretary and general
counsel; Harold S. Bareford, Paul
A. Chase and Edward K. Hessberg,
assistant secretaries ; Samuel Carlisle,
comptroller, and Thomas J. Martin,
auditor.
While Warners, through United Re-
search Corp., wholly owned subsidiary,
have developed and completed a new
home talking machine, there is no in-
dication when the company will start
manufacturing, Thomas stated Satur-
day, verifying Motion Picture
Daily's story of Dec. 10.
Resume B.&K. Dividends
CmcAGO, Dec. 16. — For the first
time in almost two years Balaban &
Katz will resume dividend payments
on the seven per cent preferred stock.
Three quarterly payments of $1.75
each have been authorized covering
the first three quarters of 1933.
IT TAKES A GAL LIKE THIS TO MAKE
"NIGHT LIFE OF THE GODS"
A GAL-A EVENT! . . . You'll see
IRENE WARE and plenty of others in Lowell
Sherman's Universal Colossus of Comedies'.
MOTION PICTURE
DAILY
i Purely
Personal ►
Goldwyn and Lichtman Are
For Sending Up Admissions
MRS. SAM HOROWITZ, Al
Lichtman's former secretary and
now wife of the U. A. Chicago branch
manager, is spending a few days in
New York visiting her folks and
former co-workers.
Hunter Perry, who operates the-
atres in West Virginia and Charlotte,
has returned to his headquarters in
the south after visiting here for sev-
eral days.
Cortland Fitzsimmons is en route
to Hollywood to assist with the prep-
aration of "Crimson Ice" for Para-
mount.
Henri Elliman has returned to
Chicago after several days here con-
ferring with Harry H. Thomas of
First Division.
Florence Browning, J. Robert
Rubin's assistant at the M-G-M home
office, is en route to the coast, where
she will pass the Christmas holidays.
Edward G. Robinson, with Mrs.
Robinson and their son, will come to
New York this week for a short va-
cation.
J. H. Hoffberg has acquired foreign
distribution rights to seven Showmen
pictures and five previously produced
by Willis Kent.
William J. Kupper has returned
from a tour of Fox exchanges in
Detroit, Chicago, Des Moines and
Omaha.
Boris Moross is back in his office
after being confined to bed for a num-
ber of days with a bad cold.
Al Lichtman is now in New Or-
leans on business. He is scheduled
to return Wednesday.
Ted Lewis goes into the Capitol
with "Forsaking All Others" on
Christmas Day.
Sidney Samuelson, president of
Allied, returned Saturday from New
Orleans.
Harry Ballance, Fox southern
district manager, was in town last
week.
Buddy Rogers sails on the Paris
Saturday to appear in British pictures.
Paul Burger plans to hit the road
again within the next few days.
Y. Frank Freeman is back from
Chicago tomorrow.
Nicholas M. Schenck arrives
from the coast tomorrow.
Pawtucket Demands
Retraction by Loew
Providence, Dec. 16. — Incensed be-
cause E. M. Loew, owner of the
recently bombed Capitol in Pawtucket,
is quoted by a Boston newspaper as
saying that officials in Rhode Island
were "corrupt," the city of Pawtucket
threatens to suspend the license of the
house unless Loew explains or retracts
the reported crack.
If Loew fails to come through, City
Clerk Kaveny says the house will go
dark after Saturday night. Kaveny
communicated with the Boston and
Pawtucket theatre owner and invited
him to tell his side.
Investigation of the bombing of the
Capitol, which nearly resulted in loss
of life for the janitor, shows that
dynamite was the explosive used.
By AL LICHTMAN
(.Continued from page 1)
corrected, this will seriously impair
sufficient revenue for good pictures
which is so vital if better pictures are
to be made.
Competition among theatres in the
big cities is so keen it has resulted in
the reduction of admission prices to a
point where neither exhibitors nor pro-
ducers are earning enough money for
the industry to feel safe in its effort
to continually provide better enter-
tainment.
This condition more than any other
needs correction if the industry is to
continue its forward march. Either
production costs will have to be re-
duced very extensively or admission
prices must be increased.
Reade Considering
Deals for May fair
Walter Reade is considering drop-
ping the operation of the Mayfair and
is negotiating with several parties
who want the house for various types
of shows. Arthur Mayer, Gus Ed-
wards, I. Herk and Robert Ripley
are among those bidding, but so far
no one has put up any money. At
least, Reade says so.
Each has a different idea for the
theatre.
"Babes in Toyland" is expected to
run three to four weeks at the Astor
which Reade is operating and will be
followed by Radio's "The Silver
Streak."
Bonds in St. Louis
Brought $2,272,430
St. Louis, Dec. 16. — Nelson Cun-
liff, who, as a special master for the
Federal Court, last July sold the Am-
bassador, Missouri and Grand Central
at a foreclosure sale, in his final report
filed with the U. S. District Court
here reveals that the holders of bonds
received a total of $2,272,430 cash and
credits on their bonds which had a
total face value of $5,955,400. The
properties were bought in by the bond-
holders' protective committees.
Restore K. C. Autonomy
Kansas City, Dec. 16. — The I. A.
T. S. E. has restored local autonomy
to the operators' union after more
than two years of probation. John
Nick, vice-president, acted for Presi-
dent Brown in making the transfer.
By SAMUEL GOLDWYN
(Continued from page 1)
change its policy. Not only will
they show two features on one bill
but they are going to cut their
prices as well.
The Criterion is only one example.
Every day, I read that prices are be-
ing cut in an effort to stimulate busi-
ness at the box-office, a business that
has been dropping off with alarming
consistency.
This means, of course, that the pic-
tures produced are also being pat-
terned according to the lower prices
charged. On the face of it, this may
look like good business but the truth
of the matter is that it is the be-
ginning of the most vicious circle we
have ever encountered in the industry.
We have been trying to bring into
the theatre a better and more intelli-
gent element of people. But, with
policy of doubl billing — pictures pro-
duced purposely for double bill show-
ings and even labelled "B" pictures —
we have been driving this same
group away from the shows.
The cut in admissions will not en-
tice these people we have lost by
inferior product back into the the-
atres. They go to the picture show
to be entertained by good pictures
and bargaining with them, by cutting
prices, is definitely not the answer.
The answ-er is good films again.
These people have lost the picture-
going habit that took up so long to
build up in them. They have been
fooled so often by worthless and de-
liberately mediocre films that they
are wary and canny and, like the man
from Missouri, want to be shown be-
fore they believe any more.
If the producers would realize that
50 per cent of the pictures made
really belong in the ash-can and not
on the screen, and if they go in for
quality instead of quantity, the ex-
hibitors throughout the country will
then also see what I mean by the
possibility of increased returns at the
box-office— that the present procedure
of double bills is gradually killing the
entire business.
Of course, such a change might
temporarily hurt the receipts, for a
week or two or three, but unless they
are willing to sacrifice something to-
day in preparation for tomorrow —
unless they are willing to give a
thought to the future— I see dark
days ahead for our industry.
Monday, December 17, 1934
Para. Groups
Desire Naming
Of Full Board
(Continued from page 1)
membership to the success of the plan
and of Paramount, the creditors' com-
mittees declare that, regardless of
their approval of the plan in its pres-
ent form, they will not finally adopt it
until the completed board has been
selected and given their approval.
This stand of the creditors' commit-
tee is interpreted by some reorganiza-
tion factors as being favorable to the
selection of a larger representation of
industry men for the board than has
been indicated up to now.
New Film Council
To Meet Thursday
(Continued from page 1)
it is thought that the meeting will be
merely for the purpose of organiza-
tion, leaving plans to be formulated at
later dates.
The new council was appointed last
week by Cardinal Hayes for the pur-
pose of advising the local clergy in
their drive on objectionable films and
to devise some method of gathering
the large number of pledgers to stay
away from unclean pictures which
have been distributed among Catholic
churchgoers in the archdiocese.
All counties in the archdiocese are
represented on the council, whose
members are :
Manhattan — James A. Farrell, for-
mer president of the U. S. Steel
Corp. ; George MacDonald, former
Mayor John P. O'Brien ; Martin
Quigley, publisher of Motion Picture
Herald and Motion Picture Daily;
John J. Raskob, former chairman of
the National Democratic Committee,
and Alfred Talley, former judge of
the Court of General Sessions.
Bronx — James Donnelly.
Richmond — William T. Fetherston,
former justice of the Court of Special
Sessions.
Westchester — Supreme Court Jus-
tice William F. Bleakly.
Dutchess and Putnam — John E.
Mack of Poughkeepsie, former Su-
preme Court justice.
Orange and Rockland — Arthur
O'Leary.
Sullivan — George Cook.
Ulster — James Dwyer.
Strand Dark a Week
For Fire Repairing
(Continued from page 1)
at the Warner home office Saturday.
Alterations now being made will de-
lay the opening until that time. New
equipment is being installed in the
booth and the ventilating system. Hun-
dreds of balcony seats are being re-
placed, the chandelier is being re-
paired and the roof of the theatre is
receiving a new coat of paint.
Acquitted in Fox Case
Maurice Monnier has been acquitted
in Federal Court here on a charge of
having sought $50,000 of Mrs. William
Fox on threat of kidnapping her
grandchildren.
Hollywood Personals
Hollywood, Dec. 16.— Walter Wanger arrived from New York by
plane and went straight home to bed with a bad cold. . . . Sidney
Skolsky back from Broadway this week. . . . Laurel and Hardy's
next for Roach is titled, "Tit For Tat." . . . Toby Wing entertained
with a big dinner party for her brother-in-law, W. Hoggen
Perry. . . . Francis L. Sullivan and Claude Rains off to London
this week for vacations. . . . Norman Houston, scenarist, cast in
"Great God Gold" which he adapted for Monogram. . . . Carol
Coombe on her way to England to visit her mother. . . . Doris
Malloy and Harry Clork have finished their treatment of "The
Milky Way" for Paramount and have returned to M-G-M. . . .
Etienne Girardot cast in "Roberta" at Radio. . . . Casey Robinson
is adapting "Captain Blood" for Warners. . . . Joseph Schildkraut
leaves New York Dec. 19 for a role in Paramount's "Crusaders." . . .
Margaret Lindsay gets the feminine lead in "The Florentine
Dagger" for Warners.
More thrilling, more disturbing, more fascinating than
ever . . . the screen's supreme star brings you the story
that made Sir James M. Barrie great . . . the stage
play that made Maude Adams famous . . . . the
romance that has touched the hearts of millions . , .
NOW THE PICTURE THAT CROWNS THE
CAREER OF THE IDOL OF ALL AMERICA
s
. BARRIE'S
TH€ L1TTLC
MINISTER
JOHN. BEALT ALAN HALE
: IRECTED BY RICHARD WALLACE ★ A PANDRO S. BERMAN PRODUCTION
, , - :#«w < mm
— as Barriers dark -eyed
gypsy "Babbie" in one of
the great love stories oj-
the ages . . . glinted on>a*.
burning background of
turbulence and conflict!
THE LITTLE
M I NT S T E R
NATIONWID
DAY WEEK
PRESENTATION IN KEY CITIES
BACKED BY NATIONAL CAMPAIGN
OF FULL AND HALF^PAGE ADVER^
TISEMENTS IN LOCAL NEWSPAPERS
R KO -RADIO PICTURE
Monday, December 17, 1934
MOTION PICTURE
DAILY
Philadelphia "Flirtation"
Top Is Grofe
And "Heavens"
Philadelphia, Dec. 16.— Business
slipped into the pre-Christmas slump
about a week ahead of time with no
outstanding films. The Fox, with
• Hell in the Heavens" on the screen
and Ferde Grofe on the stage, was the
only house to do much better than the
average. It took $14,500.
Several holdovers were on the list,
not so much as the result of top-notch
business as a desire of several theatres
to slip into a Tuesday opening policy
for the Christmas and New Year
season. .
'•Evelyn Prentice," with a fair
$11,500 at the Boyd, was held over
until Tuesday on the same basis.
Total first run business was $55,800.
Average is $58,100.
Estimated takings for the week end-
ing Dec. 13 :
"KID MILLIONS" (U.A.)
ALDINE— (1,200), 35c-40c-55c, 6 days.
3rd week. Gross: $6,000. (Average, $7,000)
"LITTLE FRIEND" (Gaumont British)
(2nd run)
ARCADIA-(600), 25c-30c-40c, 4 days.
Gross: $1,100. (Average, 6 days, $2,400)
"EVELYN PRENTICE" (M-G-M)
BOYD — (2,400), 35c-40c-55c, 6 days.
Gross: $11,500. (Average, $12,000)
"IT'S A GIFT" (Para.)
EARLE — (2,000), 40c-55c-65c, 6 days.
Stage: Paul Ash revue. Gross: $12,500.
(Average, $12,000)
"HELL IN THE HEAVENS" (Fox)
FOX— (3,000), 40c-55c-65c, 6 days. Stage:
Ferde Grofe and orchestra. Betty Barthell.
Arons and Broderick, the Randalls. Gross:
$14,500. (Average, 6 days. $12,000)
"GREAT EXPECTATIONS" (Univ.)
KARLTON— (1.000). 25c-35c-40c, 6 days.
Gross: $2,600. (Average. $23,500)
"FLIRTATION WALK" (Warners)
STANLEY— (3,700), 35c-40c-55c, 4 davs,
2nd week. Gross: $6,000. (Average, 6
days, $12,000)
"FIRST WORLD WAR" (Fox)
STANTON — (1,700), 35c-40c-50c. 2 days,
2nd week. Gross: $1,600. (Average, 6 days,
$6,000)
"Limehouse Blues"
Omaha's Best Draw
Omaha, Dec. 16. — "Limehouse
Blues" on a dual program with
"Strange Wives" was the money-get-
ter here last week. The take at the
World was $4,300, up by $800.
"The St. Louis Kid" and "Bachelor
of Arts" went to $8,200, over par by
$700, at the Orpheum. "College
Rhythm" in four days of its second
week took $3,200 at the Paramount,
and a combination of "The Captain
Hates the Sea" and "I Sell Anything"
was weak at the Brandeis.
Total first run business was $18,950.
Average is $22,500.
Estimated takings :
Week Ending Dec. 12:
"LIMEHOUSE BLUES" (Para.)
"STRANGE WIVES" (Univ.)
WORLD— (2,200). 25c-40c. 7 days. Gross:
S4.30O. (Average. $3,500)
^ "COLLEGE RHYTHM" (Para.)
PARAMOUNT— (2,800). 25c-40c, 4 davs.
2nd week. Gross: $3,200. (Average, $8,000)
Week Ending Dec. 13:
"THE CAPTAIN HATES THE SEA"
(Col.)
"I SELL ANYTHING" (Warners)
BRA^DEIS-(1.200), 20c-25c-35c, 7 days.
Gross: $3,250. (Average. $3,500)
THE ST. LOUIS KID" (Warners)
^T>^BJ^i1ELOR OF ARTS" (Fox)
ORPHEUM - (3,000), 25c-40c, 7 days.
Cross: $8,200. (Average, $7,500)
Twin Cities'
Top, $11,500
Minneapolis, Dec. 16. — Heavy tak-
ings here and in St. Paul last week
went to "Flirtation Walk." At the
Orpheum here it went $1,000 over
average for a take of $6,500, and in
the St. Paul Orpheum it was the same
amount over the line with a take of
$5,000, a total of $11,500 for the two
cities.
"Transatlantic Merry - Go - Round"
was also a good draw on both sides of
the river. It garnered $6,000 at the
State here and the same amount in the
St. Paul Paramount. "The Painted
Veil" was not outstanding. It w'as
only $200 over the line on a $4,200
gross at the Century.
Total first run business in Minne-
apolis was $23,900. Average is $21,000.
In St. Paul the total was $18,500.
Average is $16,500.
Estimated takings :
Minneapolis :
Week Ending Dec. 12:
"THE PAINTED VEIL" (M-G-M)
CENTURY — (1,650). 25c-40c, 7 days.
Gross: $4,200. (Average, $4,000)
"HELL IN THE HEAVENS" (Fox)
LYRIC— (1,238), 20c-25c, 7 davs. Gross:
$1,700. (Average, $1,500)
Week Ending Dec. 13:
"FLIRTATION WALK" (F.N.)
ORPHEUM— (2,900). 25c-50c. 7 days.
Stage: "Salici Varieties." Gross: $6,500.
(Average, $5,500)
"TRANSATLANTIC MERRY-GO-
ROUND" (U.A.)
STATE-(2,300), 25c-40c. 7 days. Stage:
Irving Aaronson and his Commanders.
Gross: $6,000. (Average. $5,500)
"THE HELL CAT" (Col.)
TIME-(300), 20c-30c. 7 davs. Gross-
$2,500. (Average, $2,500)
"ONE NIGHT OF LOVE" (Radio)
\VORLD-(300). 25c-75c. 7 davs Gross:
$3,000. (Average. $3,000)
St. Paul:
Week Ending Dec. 12:
"TRANSATLANTic MERRY-GO-
ROUND" (U.A.)
l'AR.\MOUNT-(2.300). 25c-40c 7 days
Stage: "Spices of 1935." Gross: $6,000.
(Average, $5,500)
"WHAT EVERY WOMAN KNOWS"
(M-G-M)
RIVIERA — (1,200). 25c-40c, 7 days
Gross: M.OOO. (Average, $3,500)
"FLIRTATION WALK" (F N )
r °RpHEUM-(2.000). 25c-40c. 7 days
Gross: $5,000. (Average. $4 000)
"GAMBLING" (Fox)
$1,500. (Average. $1,500)
w™?SW,$3" (Gaumont-British)
^RLr?~(300)' 2^5c- 7 da^- Gross:
$2,000. (Average, $2,000)
"Veil" at $35,000
Light for Capitol
Greta Garbo's first week at the Cap-
itol in "The Painted Veil" fared mild-
ly as the.pre-hohday slump took effect
on Broadway grosses.
Intake for the picture was $35,000
At the Paramount, the first seven
^fmn "'£h,e ?£,esident Vanishes" hit
$25,000, while "The Gay Divorcee" in
its second week at the Palace chalked
up a take of $8,500, which is good for
a holdover film at this house. "Flirta-
tion Walk" at the Strand for a second
stanza garnered $18,935.
Last of three weeks of "Imitation of
Life at the Roxy netted $18,500.
First week's take of "The Private
Life of Don Juan" at the Rivoli was
$21,675.
End Loew Landmark
Cincinnati, Dec. 16. — When
the Star, 300-seat house, is
remodeled shortly after Jan.
1, to be occupied by a retail
establishment, it will remove
an industry landmark with a
sentimental background.
It was on this Fountain
Square site that the late
Marcus Loew received his
start many years ago, having
operated a nickelodeon and
museum in the building.
"Veil" Leads
Seattle with
Heavy $8,400
Seattle, Dec. 16. — Most of the box-
office excitement here last week cen
tered around "The Painted Veil" at
the Fifth Avenue where the $8,400
take went over normal by $1,400.
"One Night of Love" was still a
fine draw in its sixth week at the
Liberty with a take of $4,100. Christ
mas shopping hit the rest of the
houses.
Total first run business was $35,500
Average is $36,500.
Fstimated takings for the week end-
ing Dec. 11 :
"ANNE OF GREEN GABLES" (Radio)
BLUE MOUSE— (950). 25c-40c-55c, 7
days. (Extended run from Music Hall.)
Gross: $3,700. (Average. $4,000)
"THE PAINTED VEIL" (M-G-M)
FIFTH AVENUE— (2,500), 25c-40c-55c. 7
days. Gross: $8,400. (Average, $7,000)
"ONE NIGHT OF LOVE" (Col.)
LIBERTY — (1.800), 15c-25c-35c-50c, 7
days. 6th week. Gross: $4,100. (Average,
$4,000)
"THE FIRE BIRD" (Warners)
MUSIC BOX— (950), 25c-35c-50c. 7 days.
Gross: $3,200. (Average, $3,500)
"IMITATION OF LIFE" (Univ.)
MUSIC HALL— (2,275), 25c-40c-55c, 7
days. Gross: $5,500. (Average, $6,500)
"BABBITT" (Warners)
ORPHEUM — (2.450), 25c-35c-50c. 7 days.
Vaudeville headed by Clyde Hagar. Gross:
$5,200. (Average, $5,500)
"LEMON DROP KID" (Para.)
"THE GAY BRIDE" (M-G-M)
PARAMOUNT— (3,050), 25c-35c, 7 days.
Stage: Revue featuring Glen Dale and
Rhvthm Ramblers Band. Gross: $5,400.
(Average, $6,000)
"Gables," $2,200,
Best Lincoln Take
Lincoln, Dec. 16. — "Anne of Green
Gables" got off to a slow start at the
Lincoln due to an advertising mixup,
but even so it was the only downtown
attraction to reach normal last week.
The take was $2,200.
"College Rhythm" was weak at
$2,900 in the Stuart.
Total for the four first run spots
was $8,000. Average is $9,100.
Estimated take :
Week Ending Dec. 12:
"COLLEGE RHYTHM" (Para.)
STUART— (2,000), 10c-25c-40c, 7 days.
Gross: $2,900. (Average, $3,100)
"ANNE OF GREEN GABLES" (Radio)
LINCOLN— (1,600), 10c-15c-25c, 7 days.
Gross: $2,200. (Average, $2,200)
"ONE EXCITING ADVENTURE"
(Univ.)
"GREAT EXPECTATIONS" (Univ.)
ORPHEUM— (1,200), 10c-15c-25c, 7 days.
Gross: $1,900. (Average, $2,300)
"CAPTAIN HATES THE SEA" (Col.)
VARSITY— (1,100), 10c-25c, 7 days. Gross:
$1,000. (Average, $1,500)
"Millions" Is
2nd Week Hit,
San Francisco
San Francisco, Dec. 16. — "Kid
Millions" was Frisco's best compara-
tive draw in its second week at United
Artists. The $10,000 take was over
par by $2,000.
"Flirtation Walk" got off to a fine
start at the Warfield, piling up $24,-
500, over the line by $1,500, in its
second week.
"Imitation of Life" garnered a fine
$10,500 at the Orpheum, but else-
where, with the exception of "Anne
of Green Gables," at the Golden Gate,
business was only fair.
Total first run business was $83,000.
Average is $83,000.
Estimated takings :
Week Ending Dec. 4:
"ANNE OF GREEN GABLES" (Radio)
GOLDEN GATE— (2.800), 25c-35c-40c, 7
days. Stage: Band. Gross: $13,000. (Aver-
age, $13,000)
Week Ending Dec. 5:
"I SELL ANYTHING" (Warners)
"MENACE" (Para.)
FOX— (4,600), 15c-30c-40c, 7 days. Gross:
$7,500. (Average, $11,000)
"IT'S A GIFT" (Para.)
"THE GAY PRIDE" (Warners)
PARAMOUNT— (2,670), 25c-35c-55c-65c, 7
days. Gross: $10,500. (Average, $11,000)
"FLIRTATION WALK" (Warners)
WARFIELD— (2,700), 25c-35c-55c-65c, 7
days. Stage: Band. Gross: $24,500. (Aver-
age, $23,000)
Week Ending Dec. :
"IMITATION OF LIFE" (Univ.)
ORPHEUM— (3,000), 15c-30c-35c-40c, 7
days. Gross: $10,500. (Average, $9,000)
"EVELYN PRENTICE" (M-G-M)
ST. FRANCIS— (1,400), 15c-35c-55c, 7 days.
Gross: $7,000. (Average, $8,000)
"KID MILLIONS" (U. A.)
UNITED ARTISTS— (1,200), 15c-35c-55c, 7
days, 2nd week. Gross: $10,000. (Average,
$8,000)
"Captain," Revue
Providence Leader
Pkovidence, Dec. 16. — Despite _ the
appearance of Lawrence Tibbett in a
concert that drew tall millinery, and
several hockey games, business in
town among the first runs held up
surprisingly well. High take was
scored by the RKO Albee with a revue
and "The Captain Hates the Sea."
This house garnered $9,100, which is
$2,000 over average.
Loew's State failed to do much with
'Student Tour" and "Babes in Toy-
land," catching around $8,000.
Total first run business was $43,200.
Average is $40,500.
Estimated takings for the week end-
ing Dec. 14 :
"BEHOLD MY WIFE" (Para.)
"FLIRTING WITH DANGER"
(Monogram)
STRAND— (2,300), 15c-40c, 7 days. Gross:
$9,000. (Average, $6,500)
PORT OF LOST DREAMS" (Invincible)
FAY'S— (1,600), 15c-40c, 7 days. Stage:
"Sidewalk Cafe" on stage. Gross: $8,300.
(Average, $7,000)
"IMITATION OF LIFE" (Univ.)
MAJESTIC — (2,400), 15c-40c, shorts,
news. Gross: $7,700. (Average, $7,000)
"THE CAPTAIN HATES THE SEA"
(Col.)
RKO ALBEE— (2,300). 15c-40c. 7 days.
Stage: Revue headed by Don Cummings.
Gross: $9,100. (Average. $7,000)
"STUDENT TOUR" (M-G-M)
"BABES IN TOYLAND" (M-G-M)
LOEW'S STATE— (3.800), 15c-40c. 7
days. Gross: $8,000. (Average. $12,000)
"GRIDIRON FLASH" (Radio)
RKO VICTORY— (1,600). 10c-25c, 4 days.
Shorts, news. Gross: $1,100. (Average.
$1,000)
10
MOTION PICTURE
DAILY
Monday, December 17, 1934
"Behold" Is
Boston Smash
With $33,000
Boston, Dec. 16. — "Behold My
Wife" garnered the big money of the
week here, going to $33,000 at the
Metropolitan, with Mai Hallett and
his orchestra on the stage. This leaves
par about $5,000 astern.
"Imitation of Life" was one of the
big attractions of the period, garnering
$19,000, up by $3,000, at Keith's. A
dual, "Evelyn Prentice" and "The Gay
Bride," pulled a fine $20,000 at Loew's
State, and "Kentucky Kernels" was
$2,000 up on an $18,000 take at the
Boston.
Total first run business was $110,-
500. Average is $94,000.
Estimated takings for the week end-
ing Dec. 13 :
"KENTUCKY KERNELS" (Radio)
BOSTON— (2,900), 25c-50c, 7 days. Vaude-
ville. Gross: $18,000. (Average, $16,000)
"HELL IN THE HEAVENS" (Fox)
"GENTLEMEN ARE BORN" (F. N.)
FENWAY— (1,800), 30c-50c, 7 days. Gross:
$10,500. (Average, $9,000)
"IMITATION OF LIFE" (Univ.)
KEITH'S— (3,500), 25c-65c, 7 days. Gross:
$19,000. (Average, $16,000)
"EVELYN PRENTICE" (M-G-M)
"THE GAY BRIDE" (M-G-M)
LOEW'S STATE — (3,700), 35c-50c, 7 days.
Gross: $20,000. (Average, $16,000)
"BEHOLD MY WIFE" (Para.)
METROPOLITAN— (4,350), 30c-65c, 7
days. Stage: Mai Hallett and orchestra.
Gross: $33,000. (Average, $28,000)
"HELL IN THE HEAVENS" (Fox)
"GENTLEMEN ARE BORN" (F. N.)
PARAMOUNT— (1,800), 3Oc-50c, 7 days.
Gross: $10,000. (Average, $9,000)
"Imitation" Hits
$14,200, Buffalo
Buffalo, Dec. 16. — "Imitation of
Life" drew $14,200, or more than
twice normal at the Lafayette, which
usually is a double feature house.
"Limehouse Blues" was slightly
over average at the Buffalo, but near-
zero temperatures and the holiday
doldrums killed business everywhere
else.
Total take was $43,100. Normal
is $42,800.
Estimated takings for the week
ending Dec. 14 :
"LIMEHOUSE BLUES" (Para.)
BUFFALO — (3,500) , 30c-55c, 7 days.
Stage: Nick Lucas; Diamond Bros.;
Three Cossacks; Rogers & Wynne.
Gross: $15,100. (Average, $14,300.)
"GAMBLING" (Fox)
"365 NIGHTS IN HOLLYWOOD" (Fox)
CENTURY— (3,000), 25c, 7 days. Gross:
$4,800. (Average, $6,000.)
"KID MILLIONS" (U. A.)
GREAT LAKES— (3,000), 25c-40c, 4 days,
2d week. Gross: $4,000. (Avera«e, $8,-
000.)
"THE PURSUIT OF HAPPINESS"
(Para.)
"THE LEMON DROP KID" (Para.)
HIPPODROME— (2,100), 25c-40c, 7 days.
Gross: $6,000. (Average, $8,000.)
"IMITATION OF LIFE" (Univ.)
LAFAYETTE— (3,300), 25c, 7 days.
Gross: $14,200. (Average, $6,500.)
Move to Open in Sharon
Sharon, Pa., Dec. 16. — Coincident
with the arrest of three managers for
opening Sunday, City Council has ap-
proved • on first reading a new ordi-
nance which would end the Sunday
ban. Final approval of the measure is
assured in two weeks.
The managers arrested are Thomas
Whyte, Columbia; Harry Stahl,
Nuluna, and John Muller, Gable.
Looking 'Em Over
"Roadhouse"
(Ganmont British)
London, Dec. 4. — Chiefly designed as a vehicle for the talents of
Violet Loraine, star of the British vaudeville and revue stage in war and
pre-war days, "Roadhouse" offers also some good comedy by the chief
interpreter of "Cockney" roles, Gordon Harker, and amusingly remin-
iscent scenes of the cruder forms of flesh and blood entertainment which
went out after the war. The flavor of past times is deepened by very
realistic scenes of a London music hall entertainment bravely carrying
on to the crash of bombs from German aircraft overhead.
The plot, not to be taken too seriously, concerns a barmaid who be-
comes a variety singer after she realizes that her employer, whom she
loves, does not want to marry her. Later, as an officer on leave from
the front, he meets her as a stage star, and they are married. In love
with the girl all the time is the potman of the inn, who becomes its
proprietor and turns it into a roadhouse, with swimming pool, dance
floor, etc., with the aid of associates who, unknown to him, are crooks.
The girl's voice gives out and she learns at the same time of her hus-
band's death on his way back to England. She leaves her young daugh-
ter with her husband's family and goes abroad. Years pass and her old
lover finally goes in search of her, finds that she is penniless and work-
ing as a hotel maid, and brings her back to sing again at his roadhouse.
His associates, who have been using the roadhouse as a cover for
criminal activities, fall out and one is shot. The singer's daughter is
accused, but cleared by the ingenuity of the ex-potman.
The rendition of favorite song numbers and the realism with which
the atmosphere of the pre-war music hall is reproduced are chief assets.
Production values are good, with a final swimming pool sequence which
shows that London has learned a lot from Hollywood. Running time, 75
minutes. "G." British Censor's Certificate : "A." ALLAN
'Neath Arizona Skies"
(Monogram)
This, the latest of the Lone Star series, starring John Wayne, should
satisfy audiences that go for western thrillers. It is up to the usual
standard set by previous releases in this series and has the customary
fights, shooting and hard riding over the landscape. Wayne plays his
usual role, that of the lone cowboy fighting the cause of a friend and for
universal justice at the same time.
The plot centers around young Shirley Ricketts, who has inherited oil
lands from her Indian mother. Her white father must be found before
she can claim her money and this is the job Wayne takes on himself.
A gang of renegades led by Yakima Canutt try to abduct the child and
take the money for themselves. Foiled time and again by Wayne, they
finally corral the hero and his ward at the ranch of a dead pal. Here
they discover the child's father, only to have him killed in a gun fight.
This paves the way for Wayne to take complete charge of the little girl.
When the sheriff has finally arrived near the end of the last reel, as is
the usual case, and has arrested the outlaws, everything ends satisfac-
torily.
Sheila Terry supplies the romantic interest in attractive manner.
Harry Fraser's direction is all right, but he allowed the action to drag
in several spots. The photography by Archie Stout is particularly good
on the outdoor shots. Reviewed without production code seal. Running
time, 51 minutes. "G."
The Trail Beyond
(Monogram)
All the stock tricks used to provide thrills in action films have been
resorted to in putting together this picture, one of the Lone Star series
topspotting John Wayne. "The Trail Beyond" goes a bit far in its
efforts to create excitement and emerges as an attraction acceptable for
the youthful. The best thing about the production is the beauty of its
exteriors.
The action transpires in the north country. It is again the story of
villainy over a gold mine. In this instance Wayne holds the map to it
and Robert Fraser is the fellow trying to get hold of it. Once the battle
starts there is never a moment of inaction. In his fight for the right
Wayne finds time to squeeze in a bit of romancing with Verna Hillie,
whom he wins despite the competition offered by his buddy (Noah
Beery, Jr.).
The senior Beery is also in the cast, in a non-villainous role, how-
ever. Other players include Iris Lancaster, Earl Dwire and Ed Parker.
R. N. Bradbury directed this James Oliver Curwood tale. Archie Stout's
photography is creditable. No code seal. Running time, 55 min-
utes. "G."
(Additional review on page 12)
"Imitation"
Detroit Wow;
Gets $22,500
Detroit, Dec. 16. — "Imitation of
Life" was a knockout at the Fox last
week. It ran up to $22,500, topping
average by $7,500. Six acts of vaude-
ville made up the stage show.
The only other draw that amounted
to anything was a dual bill made up
of "Great Expectations" and "Danger-
ous Corner" at the Adams, which
went over normal by $1,500 for a
gross of $6,500.
Total first run business was $66,000.
Average is §70,000.
Estimated takings for the week end-
ing Dec. 14 :
"GREAT EXPECTATIONS" (Univ.)
"DANGEROUS CORNERS" (Radio)
ADAMS— (1,770), 10c-4Oc, 7 days. Gross:
$6,500. (Average, $5,000)
"IMITATION OF LIFE" (Univ.)
FOX— (5,100), 15c-65c, 7 days. Stage: Six
acts vaudeville. Gross: $22,500. (Average,
$15,000)
"CLEOPATRA" (Para.)
"WAGON WHEELS" (Para.)
FISHER— (2,975), 10c-40c, 7 days, (2nd
run). Gross: $8,300. (Average, $10,000)
"ST. LOUIS KID" (Warners)
MICHIGAN— (4,100), 15c-6Sc, 7 days.
Stage: Buddy Rogers, Lanot & White,
Florence & Alverez. Gross: $18,400. (Aver-
age, $20,000)
"CASE OF THE HOWLING DOG"
(Warners)
"I SELL ANYTHING" (F. N.)
STATE— (3,000), 10c-65c, 7 days. Gross:
$3,200. (Average, $5,000)
"BEHOLD MY WIFE" (Para.)
UNITED ARTISTS— (2,070), 25c-50c, 7
days. Gross: $7,100. (Average, $10,000)
"Divorcee" $7,000
Up; Denver's Lead
Denver, Dec. 16.— "The Gay Di-
vorcee" came near to bowling over
a few records at the Denham last
week. The take went up to $11,000,
over average by $7,000.
"The St. Louis Kid" was also in
the money, going over the line by
$1,000 for a total of $7,000.
Total first run business was $28,-
000. Average is $20,500.
Estimated takings for the week
ending Dec. 13 :
"WE'RE RICH AGAIN" (Radio)
ALADDIN— (1,500), 25c-35c50c, 7 days.
Gross: $2,500. (Average, $2,500)
"THE GAY DIVORCEE" (Radio)
DENHAM — (1,500), 25c-35c-50c, 7 days.
Gross: $11,000. (verage, $4,000.)
"IMITATION OF LIFE" (Univ.)
DENVER— (2,500), 25c-35c-50c, 7 days.
Gross: $5,500. (Average, $6,000)
"THE ST. LOUIS KID" (Warners)
ORPHEUM— (2,600), 25c-35c-50c, 7 days.
Gross: $7,000. (Average. $6,000)
"FLIRTATION WALK" (F. N.)
PARAMOUNT— (2,000). 25c-40c. 7 days.
Moved after a $11,000 week at the Denver.
Gross: $2,000.
Shift Seattle Openings
Seattle, Dec. 16. — In the tightly-
drawn battle for first run supremacy
downtown, John Hamrick's four
houses and Evergreen State's two are
now indulging in an orgy of switching
of opening days.
During the past three weeks, Ever-
green's Fifth Avenue has changed
from Friday to Thursday. This was
followed by a similar change by Ham-
rick's Music Hall. Following this,
Mamrick's Blue Mouse and Music Box
have adopted Wednesday as a change
day, with more or less regularity.
And now comes Evergreen's Para-
mount with Tuesday as the regular
weekly change day.
Operates
20 theatres,
spends upward
of $500,000
annually for film.
He reads
MOTION PICTURE
DAILY
12
MOTION PICTURE
DAILY
Monday, December 17, 1934
Selective Buy
Ruling Stirs
Interest Here
(Continued from page I)
allowing for 10 per cent cancellations,
means that the theatre is underbought.
Kutinsky claims.
The local board granted a decision
on the total amount of pictures tied
up, stating that Schwartz must re-
lease 73 pictures.
Campi holds that a distributor can
sell any way he wants to, according
to the code, unless it is unfair.
Schwartz has appealed and when the
hearing comes up this week, it will be
interesting to exhibitors as well as
distributors.
The code says that on selective con-
tracts, the exhibitor must release pic-
tures within 21 days of availability so
that the competitive situation can book
without delay.
Chicago Conspiracy
Charge Up Tomorrow
(Continued from page 1)
heard before the Chicago grievance
board, the exhibitor held that the dis-
tributors' restricting of product to sin-
gle attractions had seriously affected
his business in the past two years and
that insistence on this policy this
season is an attempt to put him out of
business.
The exhibitor claimed that no major
exchange would sell him unless he
subscribed to the single feature pro-
gram. Representatives from all com-
panies will attend the hearing as well
as Bertram Mayer, New York attor-
ney, for the complainant.
Edward Golden, sales manager of
Monogram, will make an effort to sit
on the committee as one of the judges.
He was a member of the committee
when the hearing was originally sched-
uled last Tuesday, but because of a
mixup on notifying counsel of various
companies, the matter was put over.
Golden felt the move was an attempt
to shunt him off the committee and
noted this on the record.
I. Levinson of Warners objected to
Golden's stand after having previously
consented to have him sit without
prejudice.
Radio's Free Shows
Up at Meeting Soon
(Continued from page 1)
radio Code Authority members on free
radio shows.
About three months ago, Ed Kuy-
kendall and several other film men
met with the radio committee on the
free admissions to radio shows. The
radio committee was to have drawn
a report for Campi, analyzing the
free shows, but since the meeting
there has been no word from the
broadcasters.
With the practice spreading, some
code members figure it is high time
for another meeting between the two
groups.
Dent Not Coming Here
London, Dec. 16. — Arthur Dent of
B. I. P. plans no trip to America at
this time, despite reports to the con-
trary.
Cochrane, Grainger
Hold Chicago Meet
Chicago, Dec. 16. — R. H. Cochrane,
eastbound from the coast, met James
R. Grainger, westbound from the east,
for several hours here today and dis-
cussed the arrangement made in
Hollywood late last week whereby the
company's laboratory work reverts to
Consolidated for the next two years.
Later in the day, Cochrane, together
with Willard McKay, Universale at-
torney, resumed his trip to New
York. Grainger, who arrived Satur-
day, leaves for Kansas City Monday
night.
Also eastbound are Herbert J. Yates
and Ralph Poucher of Consolidated.
Golden Favors Bank
Nights as Stimulus
Because he feels the practice in most
instances helps exhibitors make money,
Edward Golden, alternate for W. Ray
Johnston on Campi, is in favor of
bank nights.
In several cases where he has sat
on appeal committees, Golden has
voted in favor of the bank night idea
with the proviso that if it helps exhibi-
tors it should not be abolished.
Rosenblatt Cancels Trip
Although he was expected to come
in over the week-end, Compliance
Director Sol A. Rosenblatt remained
in Washington preparing for the pub-
lic hearings on code amendments next
Wednesday and Thursday.
As soon as the NRA fact-finding
committee on the local operators'
basic wage scale completes its second
report, Rosenblatt will again confer
with the men at Campi. The meeting
was planned for the latter part of the
week, but will probably be postponed
until early next week.
Petrie Shines
By BRUCE ALLAN
London, Dec. 16. — A sensa-
tional performance by Hay
Petrie as Quilp makes Brit-
ish International's "The Old
Curiosity Shop" interesting
for America. His makeup and
characterization equal the
best of the Lon Chaney roles
and Hollywood probably will
scramble for him as a result.
The picture is a faithful in-
terpretation of Charles Dick-
ens and is good entertain-
ment despite uneven casting
and some staginess in the
treatment.
Coast Production
Gains; 41 in Work
(Continued from page 1)
there are IS features and nine shorts
in the final stages of preparation. In
the cutting rooms there are 41 fea-
tures and 20 shorts in the process of
editing.
M-G-M, Fox and Warners are the
most active, M-G-M has seven fea-
tures before the cameras, one prepar-
ing and nine editing : Fox has seven,
two and four ; Warners, seven, one
and six ; Paramount, six, two and
two ; Universal, three, one and four ;
Columbia, three, zero and eight ; Cen
tury. two, zero and one ; Radio, one,
five and three ; Goldwyn, one, zero and
zero, while the independents show
four, three and four.
In the short subject division all
major producing organizations report
none before the cameras. The inde-
pendents' have four in work, three
preparing and four editing. M-G-M
has zero, two and four : Roach, zero,
three and three ; Columbia, zero, zero
and four, and Radio, zero, one and
five.
FWC Hearing Comes
Up in Court Today
(Continued from page 1)
which alleges conspiracy and bread
of contract by F.W.C. in a claim for
$1,500,000 triple damages. The theatre
involved here is the Orpheum, Sai
Francisco. Harry L. Hartman, San
Diego exhibitor, also has a claim for
damages pending.
Charles Skouras and Edward Zabel
left for the coast by plane yesterday,
they will arrive in Los Angeles this
morning in time for the hearing.
K. C. Uncertain on
New Midwest Setup
Kansas City, Dec. 16. — Since re-
organization details are being worked
out in New York, no verification can
be obtained here of the report that
Fox Midcontinent Corp. will supersede
Fox Midwest Theatres Corp.
Fox Midcontinent was organized
some time ago to purchase certain Fox
Midland assets involved in the Woolf-
Shanberg litigation on which a com-
promise was reached.
It is believed here that National
Theatres Corp. purchased the Midcon-
tinent stock, but in the present re-
organization status it is said to be
uncertain whether Midcontinent or
Midwest will be the parent company.
While Elmer C. Rhoden is non-com-
mittal on the reports that he will be
president of the new companv, it was
stated that Sp yros Skouras is most
likely to head the new company with
Rhoden as vice-president.
Lightman Dominant
In Memphis Section
Memphis, Dec. 16.— M. A. Light-
man moved into a dominant position
in the urban as well as territory
field here with acquisition of the
Orpheum, Memphis' largest Main St.
theatre, built in 1928 by local bond-
holders for RKO operation.
Details of the deal between Light-
man and the Goldberg-Courshon-
Solomon interests of Chicago are still
being worked out, with Lightman in
New York, but it is understood that
eventually Lightman will take com-
plete control. For the present, he and
the Chicago company are acting as
partners.
Acquisition of the Orpheum puts
Lightman interests ahead even of
Loew in this territory. Lightman
now has three downtown theatres, all
on Main St., the recently remodeled
Strand which shows Universal first
runs and second runs from other
companies ; the grind Princess fea-
turing westerns and adventure subse-
quent runs, and the Orpheum. In
addition, he has six suburban spots,
the Linden Circle, Lamar, Capitol.
Rialto, Memphian and Joy, and
nearly 30 out in the territory-
Chicago Operators'
Contracts End Soon
Chicago, Dec. 16. — Current con-
tracts for both circuit and Allied ex-
hibitors with the operators' union ex-
pire Jan. 11. The present set up ap-
pears satisfactory to both sides and
indications are that there will be bo
issues of moment brought up when
conferences begin shortly on a new
deal for 1935.
MOTION PICTURE DAILY*
HOLLYWOOD PREVIEW
"Biography of a Bachelor Girl"
(M-G-M)
Hollywood, Dec. 16. — For his sensational magazine, a young radical,
Robert Montgomery, importunes a girl of many loves, Ann Harding, to
write her amorous biography.
Her first small town sweetheart, Edward Everett Horton, learning of
the publication and intrigued by the worldliness of his old flame, con-
trives to meet her on the eve of his running for the Senate.
The action involves Horton, whose prospective father-in-law demands
the abandonment of Miss Harding's biography for political reasons, while
Horton becomes attracted again and Montgomery is hurtled into love
with Miss Harding. The essential clash is between Miss Harding's
so-called tolerance versus Montgomery's outspoken views against social
parasites whose smug callousness has embittered him. A series of
sophisticated situations smartly played for laughter holds the interest,
although some stretches lack briskness.
The adaptation from Sam Behrman's stage play and Anita Loos'' screen
play with additional dialogue by Horace Jackson translated this adult
stage entertainment with a minimum of spice yet retaining enough flavor
of the original. Edward Griffith's direction is adequate and is geared in
one key, although smouldering emotions are implied.
Besides Miss Harding, Montgomery and Horton, Una Merkel, Edward
Arnold and Charles Richman perform well.
With marquee names for lure, comedy lines seem safest for exploita-
tion. Previewed without production code seal. Running time, 85
minutes. "A."
The Leading
iewsjkbe
Motioh^_
Picture
Industry
MOTION PICTURE
DAILY
Alert,
Intelligent
the I
in All
Branches
OL. 36. NO. 143
NEW YORK, TUESDAY, DECEMBER 18, 1934
TEN CENTS
Equity Gives
Its Approval
Vo Guild Move
7ew Dissenting Votes at
Quarterly Meeting
The proposed contract between
LCtors Equity Ass'n. and the Screen
LCtors Guild, awarding the latter ju-
isdiction over motion picture act-
rs, was approved by the regular
uarterly meeting of Equity at the
lotel Astor yesterday.
The meeting was attended by 486
Equity members and the oral vote on
ne Guild contract passed with only
wo or three dissenting votes.
The subject of Sundav shows in
Jew York legitimate theatres was
ot mentioned at the meeting. It was
tated earlier by Frank Gillmore,
(Continued on page 2)
$ay Operators Paid
To Pass Examination
Charges have been placed before
accounts Commissioner Paul Blan-
lard that the last city administration
^sorted to graft in the issuance of
perator licenses, it was learned yes-
trday. The accusations followed a
vo-month investigation of the licens-
ag bureau of the Department of
yater Supply, Gas and Electricity,
hich licenses electricians and pro-
tctionists.
Many applicants for licenses are said
j> have paid $500 to $1,000 for passing
le required examinations.
Soettiger, Tribune
Man, on Hays Staff
John Boettiger, formerly with the
'Washington bureau of the Chicago
'ribune, yesterday took over his du-
: es as an assistant to Will H. Hays
(.Continued on page 5)
Ampa Goes Deluxe
Ampa has inaugurated a
new service.
Stars arriving at the New-
ark airport from the coast
are met and brought to their
, hotels gratis.
Yesterday Karen Morley
was met by an Ampa car
and chauffeur, saving both
the star and M-G-M the ex-
pense of bringing the actress
to the city.
Schenck Long on Optimism;
Grainger Sees Cheer Ahead
By JAMES R. GRAINGER
General Manager, Distribution,
Universal
Kansas City, Dec. 17. — In view of
the fact that all companies have re-
leased a very
fine quality of
pictures the last
few
which
fleeted
creased
office
every
months
is re-
in in-
b o x
receipts,
indica-
The show must go on time — Ship via
itional Film Carriers, Inc. — Adv.
tion points to a
healthy in-
crease in bus-
iness for dis-
tributors and
theatres in
1935.
I feel the
producing companies, because of the
close contact they maintain with their
sales organizations, are able to give
careful thought to the type of pictures
(Continued on page 5)
By NICHOLAS M. SCHENCK
President, Loew's, M-G-M
Chicago, Dec. 17. — The outlook for
1935 is "very cheerful," Nicholas M.
Schenck told
Motion Pic-
ture Daily to-
day as he passed
through en
route from Hol-
lywood to New
York.
"Business is
now on the up-
grade all over
the world with
the exception of
France and
Germany," h e
declared.
The L o e w
circuit business currently is about 15
per cent over last year. Schenck is
returning east after spending a short
visit to the M-G-M studios where he
(Continued on page 5)
U.A/s Lineup
Is Cut to 18,
Says Schenck
Chicago, Dec. 17.— United Artists
will release 18 this season, or four
less than the number announced, de-
clared Joseph M. Schenck today. He
is heading toward New York from
Hollywood.
Nine will come from 20th Century,
he added, and a total of nine from
Samuel Goldwyn, Reliance and Lon-
don Films. The latter is expected to
supply two. Others, however, may be
added later in the year.
Schenck said the Chaplin picture is
(Continued on page S)
RKO Radio Board Is
Summoned for Today
Merlin H. Aylesworth, president of
RKO-Radio, has called a meeting of
the board of directors for today to dis-
cuss "general reports." On Sunday
he met Pandro Berman and yesterday
afternoon conferred with J. R. Mc-
Donough.
Aylesworth, who planned to leave
for Hollywood last month, may leave
around the middle of January. Mc-
Donough and Berman return west
next week.
M-G-M Studio
Setup Stays
Sans Change
Hollywood, Dec. 17. — After 10
days of conferences with production
executives, Nicholas M. Schenck is
now speeding toward New York ap-
parently leaving operation of the
M-G-M plant to continue as it did
prior to his arrival here, insofar as
associate producers on the lot are con-
cerned.
David O. Selznick, who for some
time has been reported ready to leave
when his contract runs out in Febru-
ary to join John Hay Whitney and
(Continued on page 6)
Brandt, O'Reilly to
Tour for New Setup
Harry Brandt, president of the
I. T. O. A., and Charles L. O'Reilly,
head of the T. O. C. C, expect to
make a tour shortly to line up inde-
pendent exhibitor units on the plan to
form a new national organization along
Congressional lines.
The plan has been discussed by the
three local units, including Allied of
New Jersey, and each have gone on
record favoring it. The I. T. O. A.'s
(Continued on page 6)
NRA Hearings
Will Air Code
Change Needs
Study of Amendments to
Begin on Jan. 9
By CLARENCE LINZ
Washington, Dec. 17. — Operation
of major code provisions and the advis-
ability of their amendment or contin-
uation will be considered at a series
of hearings to be held by the Na-
tional Industrial Recovery Board be-
ginning Jan. 9, it was said today.
The first of the hearings, each of
which, it is hoped, will not last more
than a week, will be devoted to price
control, but thereafter the board will
take up a number of subjects, includ-
ing the employment situation under
the codes, the small business and
(Continued on page 5)
Skouras-RKO Deals
To Be Signed Soon
George Skouras' deal with RKO to
take over the Embassy, Port Chester,
and Strand, Rockville Center, L. I.,
is expected to be signed next week and
calls for a five-year arrangement. The
papers are now being drawn.
The two theatres, like the William
White group on upper Broadway, will
bring the number of theatres operated
by Skouras aside from the Fox Met-
ropolitan group up to 10.
RKO acquired the upstate and Long
Island houses recently when it was
(Continued on page 6)
U" Is Seen Seeking
Services of Breen
Hollywood, Dec. 17. — Universal is
understood to be seeking the services
of Joseph I. Breen as story chief,
Carl Laemmle, Sr., weighing the pos-
sibility of having him serve at the
same time as a sort of overlord of the
company's coast activities who would
help to harmonize the various studio
interests. No decision is understood
to have been arrived at.
Retain Oil Name
Under the terms of the
agreement reached between
the Hays office and the
Standard Oil Co. of New
Jersey the title of the show,
"The Esso Marketers," will
be retained until the com-
plete schedule has been car-
ried out, it has been learned.
MOTION PICTURE
DAILY
Tuesday, December 18, I93<
MOTION PICTURE
DAILY
(Registered U. S. Patent Office)
Vol. 36
December 18, 1934
No. 143
Martin Quigley
Editor-in-Chief and Publisher
MAURICE KANN
Editor
JAMES A. CRON
Advertising Manager
Published daily except Sunday and holi-
days by Motion Picture Daily, Inc., sub-
sidiary of Quigley Publications, Inc.,
Martin Quigley, President; Colvin Brown,
Vice-President and Treasurer.
Publication Office: 1790 Broadway, New
York. Telephone Circle 7-3100. Cable ad-
dress "Quigpubco, New York." All con-
tents copyrighted 1934 by Motion Picture
Daily, Inc. Address all correspondence to
the New York Office. Other Quigley pub-
lications: MOTION PICTURE HERALD,
BETTER THEATRES, THE MOTION
PICTURE ALMANAC and THE CHI-
CAGOAN.
Hollywood Bureau: Postal Union Lite
Building, Vine and Yucca Streets, Victor
M. Shapiro, Manager; Chicago Bureau: 407
South Dearborn Street, Edwin S. Clif-
ford, Manager; London Bureau: Remo
House, 310 Regent St., London, W. 1,
Bruce Allan, Representative. Cable address:
"Quigpubco, London"; Berlin Bureau:
Berlin - Tempelhof , Kaiserin - Augustastrasse
28, Joachim K. Rutenberg, Representative;
Paris Bureau: 19, Rue de la Cour-des-
Noues, Pierre Autre, Representative; Rome
Bureau: Viale Gorizia, Vittorio Malpassuti,
Representative; Sydney Bureau: 102 Sus-
sex Street, Cliff Holt, Representative; Mex-
ico City Bureau: Apartado 269, James
Lockliart, Representative; Glasgow Bureau:
86 Dundrennan Road, G. Holmes, Repre-
sentative; Budapest Bureau: 3, Kaplar-u,
Budapest, II, Endre Hevesi, Representa-
tive; Moscow Bureau: Civtzev Vrazhek,
N. 25, Apart. 146, Moscow, U. S. S. R.,
Bella Kashin, Representative. Cable ad-
dress: "Samrod, Moscow."
Entered as second class matter, January
4, 1926, at the Post Office at New York
City, N. Y., under Act of March 3, 1879.
Subscription rates per year: $6 in the
Americas, except Canada $15 and foreign
$12. Single copies: 10 cents.
Warner, Einfeld to
Line Up New Films
Hollywood, Dec. 17. — H. M. War-
ner and S. Charles Einfeld's trip here
at this time is for the purpose of lin-
ing up next season's production sched-
ule, they say.
Einfeld is working on a campaign
for "Sweet Music," now being com-
pleted.
The first Cosmopolitan production
will go into work about Jan. 1, but
the details have not been set.
Preferred in Phila.
Philadelphia, Dec. 17. — Preferred
Pictures, Inc., a Pennsylvania corpo-
ration, has opened offices here. Offi-
cers of the corporation are : Presi-
dent, Herbert L. Taylor; Charles
Donahue will manage the Philadel-
phia office, and Taylor will have
charge of the Washington office.
James W. Hanlon III
Atlanta, Dec. 17. — James W. Han-
lon, Atlantic branch manager for
M-G-M, is seriously ill of double
pneumonia, following flu. He has
been at home for three weeks.
Jules H. Michael Sick
Buffalo, Dec. 17. — Illness of Jules
H. Michael, chairman, has delayed
the scheduled meeting of the Buffalo
zone M. P. T. O.
G. B. Selling Staff
To Meet in Chicago
Mid-western and western sales rep-
resentatives of Gaumont British will
meet in Chicago in about 10 days to
screen and discuss sales plans for
"Unfinished Symphony," "My Heart
Is Calling," and "The Iron Duke."
The meeting will follow along the lines
of a similar conference held in New
York over the week-end at which
Arthur Lee and George Weeks spoke
to the selling crew.
The G. B. executives plan to be
present at the forthcoming session as
well.
Those who attended the New York meet-
ing were : Arthur A. Lee, vice-president ;
George W. Weeks, general sales manager ;
Clinton W. White, assistant sales man-
ager : M. A. Mekelburg, Albany, John
Scully, Ben Rogers, and Milton J. Hill,
Boston; Howard F. Bring and Basil Brady,
Buffalo ; Harry Skirboll and Manning j.
Click, Cleveland ; Irving Gomberg, Harold
J. Carlock, Charles Penser, Walter Pratt
and Sol Kravitz, New York ; Harry Noble,
New Haven ; Herbert Given, Joseph Singer,
Eli Ginsberg and Joseph Toner, Philadel-
phia ; Mark Goldman, Lou J. Engel and
George Wheeler, Pittsburgh ; Joseph Kaliski
and George Dillon, Washington.
W. A. Ryan Quits G. B.
Buffalo, Dec. 17.— W. A. ("Tony")
Ryan has resigned his selling post here
with Gaumont British.
Howard F. Brink is Ryan's suc-
cessor.
Molly O'Day Married
Hollywood, Dec. 17. — Molly
O'Day, sister of Sally O'Neill, re-
vealed here today that she and Jack
Durante, of the stage, were married
four months ago at Tia Juana.
State Will Pay $2
Boston, Dec. 17. — The State The-
atre Co. has declared a quarterly divi-
dend of $2 payable Jan. 2 to stock-
holders of record Dec. 21.
Son Born to Clara Bow
Santa Monica, Dec. 17. — A boy
was born here yesterday to Clara
Bow, wife of Rex Bell.
Loew Sails for Home
Havre, Dec. 17. — Arthur Loew
sails on the lie de France tomorrow
for New York.
Report Chesterfield
Merger; Is Denied
London, Dec. 14. — Chesterfield
Pictures is reported to be involved in
a proposed formation of a new pro-
ducing, distributing and exhibiting
organization for Great Britain which
would also include Julius Hagan and
Twickenham Prod., the Sound City
Producing unit of Shepperton, and
Oscar Deutch, theatre builder and
operator.
Capitalization of the combined com-
panies would approximate $18,000,-
000, it is estimated. Deutch has op-
ened approximately 50 houses in Eng-
land during the past year and, while
none of them are of large seating
capacity, it is believed the circuit
would be used to form the nucleus of
a larger one if the project under dis-
cussion should be realized.
George Batcheller, Jr., Chesterfield
sales manager, said yesterday that
the London report was unfounded in-
sofar as his company was concerned.
"Chesterfield is not involved in any
merger move in England or else-
where," he said. "I have no idea
where or how the story originated."
Feldstein to St. Louis
St. Louis, Dec. 17. — William Feld-
stein, has succeeded Harry Scott as
sales manager of the local United Art-
ists exchange.
Detroit, Dec. 17. — Sydney Bowman
replaces Give Waxman as office man-
ager of the United Artists office here.
Piazza With Paramount
Hollywood, Dec. 17. — Ben Piazza,
former caster at M-G-M, has joined
Paramount as an assistant to Emanuel
Cohen. He succeeds Mel Shauer, who
will become an advisor for sales fac-
tors on pictures for the foreign market.
Raynor Joins Warners
William H. Raynor, formerly with
RKO and Publix, has joined War-
ners as manager of the Memorial,
McKeesport, Pa.
Curtis Due Friday
John Curtis, First Division vice-
president, arrives from the coast Fri-
day.
Warner Pfd. Off Pfo on Big Board
High Low Close
Columbia Pictures, vtc 39 39 39
Consolidated Film Industries 454 456 456
Consolidated Film Industries, pfd 1854 18 1854
Eastman Kodak 109J4 10854 10854
Fox Film "A" 1354 1354 1354
Loew's, Inc 36 3554 35?6
M-G-M, pfd 2754 2754 2754
Paramount Publix, cts 356 3fi 354
Pa the Exchange 154 1 1
Pathe Exchange "A" 1454 14 1446
RKO 256 254 254
Warner Bros 454 454 454
Warner Bros., pfd 2354 2154 2154
Net
Change
+ 54
+ 56
- 54
+ 56
+ %
- 54
- 56
+ %
+ 56
- 56
-156
Technicolor Only Stock on Curb
Technicolor
Net
High Low Close Change
.13 13 13
Trading on Bond Market Spotty
High Low Close
General Theatre Equipment 6s '40 854 854 854
General Theatre Equipment 6s '40, ctf 854 854 854
Keith B. F. 6s '46 67 67 67
Loew's 6s '41, ww deb rights 10454 10454 10454
Paramount Broadway 5!4s '51 4354 4354 4354
Paramount F. L. 6s '47 6454 6454 6454
Paramount Publix 554s '50 65 6454 64%
Pathe 7s '37, ww 99 9856 9856
Warner Bros. 6s '39, wd 60{4 5954 59?6
Net
Change
Sales
600
300
2.000
1.500
1,400
5,300
100
4.700
2.700
1,500
6,000
3,900
8.000
Sales
100
Sales
Equity Gives
Its Approval
To Guild Move
- 54
+ 54
- 54
- 56
+ 56
(.Continued from pGf/e 1)
Equity president, that this issue may
be settled within the next few months,
however. A bill legalizing the Sunday
legitimate performances will be in-
troduced in the State legislature by
Senator Julius Berg next month and
is expected to pass. Equity will op-
pose the bill, it was said, but in the
event of its passage and in view of
the failure of the quarterly meeting
to instruct Gillmore yesterday, the
Equity president will have three
courses open to him. Equity may ac-
quiesce to the new law; reject it for
its members by continuing to prohibit
them from engaging in Sunday per-
formances, or accept it with specified
reservations.
Subjects recommended to the
Equity council for future consideration
and action included payment for re-
hearsals ; social, unemployment, acci-
dent, health and life insurance for
members and the raising of the mini-
mum pay for junior members now
fixed by the legitimate code at S25
per week.
New Wisconsin Unit
Plans Quick Start
Milwaukee, Dec. 17. — The newl
Independent Theatres Protective i
Ass'n., of Wisconsin and Upper
Michigan, plans for the formation of
which are expected to be adopted
Wednesday at a meeting at the Hotel
Plankinton, hopes to file articles of
incorporation and begin functioning
shortly after this meeting.
One of the first aims of the new
group, according to present plans, will
be to hold a two or three-day conven-
tion in January at which directors and
officers will be elected.
The committee in charge of enter-
tainment for the Dec. 19 meeting,
which has been called by the original
organization committee of four
M.P.T.O. of Wisconsin, four Allied
and two unaffiliated members, con-
sists of Al Kvool, George Fischer,
Ray Tesch, A. C. Gutenberg and
James J. Boden.
Columbus Variety
Club Adopts a Baby
Columbus, Dec. 17. — Emulating
the action of the Pittsburgh tent, the
Columbus Variety Club has assumed
legal guardianship of a three-months-
old baby girl, abandoned on an ash
heap in an alley areaway 30 days ago.
The foundling, known as "Baby
Ruth," was formally given into cus-
tody of the club by Judge E. V. Ma-
hafTey of the Juvenile Court and will
be cared for in the Children's Hos-
pital until the club later places it in
a suitable private home.
Back from Hollywood
R. H. Cochrane, vice-president of
Universal, and Ralph Poucher, vice-
president of Consolidated, arrived
from Hollywood yesterday.
Herbert J. Yates, president of Con-
solidated, and Willard McKay, gen-
eral counsel of Universal, flew in
from Kansas City and arrived Sunday.
AND THE BEST
ADVERTISED!
Watch for details of
the greatest national
magazine campaign in
film history!
(OVER)
MEET kbawid GorffeytiielcL
An introductory to the proudest offering $t
in the history of Metro-Goldwyn-Mayer Jfe
"Farewell!" Heart-stabbing
scenes between David and
his mother
TF Charles Dickens
^* could look down at
his favorite child's re-
birth and know of the
reverence and love with
which it is being at-
tended, we believe that
David Copperfield's creator himself could
hardly withhold his blessing.
"David Copperfield" — a name which spells
magic to millions . . .a story that has cast a haze
of enchantment over all who read it . . . now be-
comes a motion picture that will live long in
your heart. Produced by Metro-Goldwyn-Mayer,
it is but natural that one of its most interesting
features is the authenticity of its background.
When David O. Selznick and his associates
decided to make a picture of "David Copper-
field" their first step was to go to England
where, with Mr. Walter Dexter, internationally
known Dickens' authority, they visited the
scenes made famous by the original story. They
photographed the house where David lived, the
Hungerford Stairs leading down to the Thames
near where the Micawbers lodged — Highgate,
where Dora and David had their cottage — and
Windsor Terrace where David lived with the
Micawbers after his mother's death.
Then they went down to Putney where David
and Dora were married — and out to Gravesend
where David saw old Mr. Peggotty off to
Australia. Then to Yarmouth, the scene of little
Em'ly's tragedy. They photographed Blunder-
stone Rookery — the little country lane — Mrs.
Copperfield's room arid David's little room
Blunderstone Rookery
where David was born.
Just one of many be-
loved landmarks that
come to life on the
screen
BARRYMORE
mm
MADGE EVANS
MAUREEN
O'SULLIVAN
EDNA MAY OLIVER
FRANK LAWTON
FREDDIE
BARTHOLOMEW
ELIZABETH ALLAN
next to it. Then to Dover where Aunt Betsey
Trotwood lived and where poor Mr. Dick flew
his kite.
Throughout the past century one great
romance has lived to fascinate each new gen-
eration . . . "David Copperfield". An immortal
among books, it comes to the screen vivid with
life and romance. What love is . . . what lovers
feel . . . that is the story of "David Copperfield."
Here indeed is a motion picture which justi-
fies the prediction that it will rank among the
Great and certainly will be the best loved pic-
ture of 1935— a moving and faithful adaptation
of one of the great stories of all time.
Produced after two
years of the most pains-
taking research work
from an adaptation super-
vised by Hugh Walpole,
the noted English novel-
ist. Directed by George
Cukor, who transferred
"Little Women" from the
pages of Louisa M.
Alcott's novel, this sin-
cere and moving drama-
tization is given life and
beautiful realism by a
notable cast of 65
including:
W. C. FIELDS
MADGE EVANS
EDNA MAY OLIVER
FRANK LAWTON
ELIZABETH ALLAN
"Something will turn up."
Touching is the friendship of
Micawber (W. C Fields) and
David.
LIONEL BARRYMORE
MAUREEN O'SULLIVAN
LEWIS STONE
FREDDIE BARTHOLOMEW
ROLAND YOUNG
ROLAND YOUNG
M-G-M Production
Staff in England in-
spects Aunt Betsey
Trotwood's cottage,
faithfully reproduced
in every detail on the
screen.
Tuesday, December 18, 1934
MOTION PICTURE
DAILY
5
Schenck Long on Optimism;
Grainger Sees Cheer Ahead
NRA Hearings to Air
Code Change Needs
(Continued from page 1)
minority situation and code and gen-
eral NRA administration.
Determination of the board to un-
dertake its own investigation was
reached after a lengthy meeting which
resulted in the adoption of resolutions
pointing out that the recovery admin-
istration "has accumulated consider-
able experience with respect to the
functioning of our industrial system
under codes and the appropriate rela-
tionship of government thereto" and
holding that "any policy should not
be finally modified or confirmed until
a full opportunity has been afforded
all interested parties to supplement
existing information."
Announcement of the hearings,
coming as it did on the heels of dis-
closures that the new industrial re-
covery legislation might make pos-
sible the dropping of some of the
codes, is seen as an effort on part
of the board to ease the codes so as
to forestall any determined attempt
to bring about a return of the old
unrestrained competitive situation.
From the standpoint of the film in-
dustry, the hearings on the minority
situation is apt to bring fireworks,
since it will permit interests which
assailed the code at the Darrow hear-
ings again to air their grievances.
Brandt Hits Setups
On Code Complaints
Objecting to the local code board
setup and protection granted Warners
and Loew's over independents, Harry
Brandt, president of the I. T. O. A.,
yesterday declared that the code had
done nothing after a year and one
week except set up machinery to regu-
late the filing and hearing of com-
plaints.
Brandt recently took over the Broad,
Newark, and when he learned War-
ners' Regent had 38 days' protection
over the house, he filed a complaint
with the local board. Warners tried
to postpone the hearing scheduled for
yesterday, but Brandt refused because
of the situation on bookings. When
the case was called yesterday, a dis-
tributor's representative on the New
Jersey advisory board could not be
located and as a result the hearing
was adjourned. Brandt stated that the
postponement means it will take from
three to four months before the case
is finally adjudicated, since it must go
to the main board after the local com-
mittee gets through with it and from
there to a Campi appeal committee
and finally to Code Authority.
Brandt said he was cooperating with
the NRA, having opened 17 theatres
in the last three years. The Broad
has an overhead of more than $700 a
week and he said he will keep it open
regardless of Warners or any other
circuit.
Loew's protection in New York has
been opposed by independents for
some time. Unaffiliates claim that the
"spread eagle" system of Loew's milks
pictures dry by the time they are
ready for the small house.
Both the Loew and Warner situa-
tions will be discussed at the regular
I. T. O. A. session tomorrow at the
Astor. Measures against the protec-
tion by circuits will be recommended,
Brandt stated.
By JAMES R. GRAINGER
(Continued from page 1)
that will please the theatre-going
public.
The proof of the pudding is in the
eating. The results obtained so far
this season on the fine quality of pic-
tures released indicate we are all on
the right path toward improvement.
By NICHOLAS M. SCHENCK
(Continued from page 1)
discussed production. His visit west
was in the nature of an annual trek
to confer with production executives.
Two More Drawings
Are Ended by Campi
Lucky Bucks and Bank Night have
been ordered discontinued by Campi
at the Granada, Bakersfield, Cal., and
the Rivoli, Monmouth, 111., respec-
tively. Dick Lemucchi of the Rialto,
Bakersfield, Cal., filed the first com-
plaint and W. R. McLaren of the
Ada registered the second. In both
instances it was found that the ten-
dency was to reduce admissions.
Frank Panoplos of the State, Clair-
ton, Pa., complained of the 28-day
clearance maintained by Warners'
Harris-AIemorial and Victory at Mc-
Keesport. Code Authority has ruled
that the clearance is not excessive,
but that if the Harris-Memorial
waives clearance over the Victory,
then the State may receive a like
advantage.
Although the Atlanta grievance
board dismissed the overbuying com-
plaint of Gonzalo Benzanilla and
Arthur Gomez of the Palace, Key
West, Fla., against Juan Carbonell,
Monroe, same city, Campi awarded
the complainants 90 pictures on the
ground that the six-change-a-week
policy of the Monroe was unfair.
Decision of dismissal by the Port-
land grievance board in the com-
plaint of Bob White, Portland, Ore.,
against the Liberty and Hollywood,
same city, was upheld by Campi.
White objected to the defendants get-
ting prior runs with admissions lower.
First Appeal Heard
On RKO Cancellation
First instance of an alleged refusal
by Radio to grant cancellation of
three pictures in connection with the
10 per cent provision of the code
came up before an appeal commit-
tee yesterday composed of Harold
S. Bareford, Charles Rosenzweig and
William Yoost.
J. Steel of the Apollo, Oberlin, O.,
is the complainant. He contends that
the distributor offered him an op-
tion of 51 to 52 films and he accepted
the 51 on 1933-34 schedule. Radio ar-
gues that no such option was offered
and since the exhibitor did not buy all
the films he was not entitled to can-
cellation benefits.
Lightman Adds Another
Memphis, Dec. 17. — M. A. Light-
man has leased the Central, Hot
Springs, Ark., for 15 years, starting
Jan. 1. The house, now operated by
Sidnev Nutt, makes Lightman's
41st. '
Just Ducky
Goo Goo, who appeared
with Joe Penner, returned
from the coast yesterday,
well crated and well fed.
Golden to Preside
At Hearing Today
Edward Golden, general sales man-
ager for Monogram, will be chairman
of an appeals committee which today
hears the conspiracy complaint of the
Rosewood, Chicago, against Essaness
circuit and distributors.
Golden was chairman of a committee
which was scheduled to hear the com-
plaint last week, but a mixup in notify-
ing attorneys of the various companies
resulted in several being absent and a
postponement of the hearing. Golden
noted on the record at the close of the
session that he should be delegated to
sit when the case should come up and
Campi upheld the Monogram sales
official.
John C. Flinn, who met with the
Buffalo code board and exhibitors yes-
terday in an effort to get a workable
clearance schedule drawn, returned
late last night to be on hand this after-
noon for the session. He attended the
last hearing when the adjournment
was effected.
U. A. Lineup Cut to
18, Says Schenck
(Continued from page 1)
expected to be completed by April, but
release will be set back until Sept.,
1935. All of Darryl Zanuck's re-
leases were promised on a big scale by
Schenck, who cited "Richelieu" and
"Clive of India" on the list of those
to come.
The U. A. president plans to re-
main in New York two months on
production and sales.
Boettiger, Tribune
Man, on Hays Staff
(Continued from page 1)
in a public relation capacity at M.
P. P. D. A. headquarters here.
Boettiger was mentioned in a
United Press despatch from Wash-
ington yesterday as the subject of ru-
mors about the Capitol that he would
marry Anna Dall, daughter of Presi-
dent and Mrs. Roosevelt. The des-
patch added that Boettiger declined
to comment on the rumors before
leaving for New York Sunday.
Boettiger has covered political as-
signments for the Chicago Tribune
for the past 10 years, including Pres-
ident Roosevelt's 1932 campaign. He
had the White House assignment for
that paper at the time of his resigna-
tion.
Discuss Codes at Topeka
Kansas City, Dec. 17. — Grace
Gannon, local code boards secretary,
will attend a meeting of code repre-
sentatives at Topeka tomorrow. An
NRA representative from Washing-
ton will attend the meeting.
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lamps. Designed for arc currents
up to 80 amperes.
D.C
National SUPREX Car-
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High Intensity lamps. Designed for
arc currents of 40-65 amperes.
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Carbon SaUi Division, Cleveland, Ohio
Unit of Union Carbido |I|»H and Carbon Corporation
Branch SaUi Offices:
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MOTION PICTURE
DAILY
Tuesday, December 18, 1*341
M-G-M Studio Setup
Stays Sans Change
(Continued from page 1)
Pioneer Pictures, is now believed
ready to re-sign.
Irving Thalberg denies reports he
planned to take a nine months' vaca-
tion in Europe.
"Selznick Stays" — Schenck
Chicago, Dec. 17. — Nicholas M.
Schenck today expressed his confi-
dence that David O. Selznick will con-
tinue with M-G-M. Reports have
had him joining John Hay Whitney.
"Metro has not lost an executive since
I have been president. That record
speaks for itself. Selznick definitely
will remain with us. We like him and
he likes us. He can be with us as long
as the association is mutually satis-
factory," added Schenck.
The M-G-M president also took oc-
casion to deny reports Irving Thalberg
planned a trip to Europe in February,
indicating the latter had four or five
pictures in preparation which would
prevent making any extended trips
for some time.
Blames Fuss on RKO
Kansas City, Dec. 17. — The local
first run fracas on price was started
by RKO, Nicholas M. Schenck stated
here Sunday night as he passed
through, New York-bound.
He charged RKO with failing to
maintain the price schedule agreed
upon for a combination picture and
vaudeville policy and stated Loew's
Midland cut its scale in retaliation.
While he gave it as his opinion that
downtown price stabilization depended
upon whether or not RKO will raise
tariffs at its Mainstreet, Schenck, at
the same time, expressed confidence
that the situation will adjust itself
shortly.
He said he viewed it as unfair for
suburbans to protest the Midland's
15-25 cent balcony price because they
held many advantages over downtown
operations.
Schenck spent much of his time on
the train playing backgammon.
Stebbins in Party
Arthur W. Stebbins arrives in New
York from Hollywood today. He is in
the same party with Nicholas M. and
Joseph M. Schenck.
Cleveland Dividend
Fails to End Slump
Cleveland, Dec. 17. — Although ap-
proximately $14,000,000 has been re-
leased locally within the past two
weeks by a 10 per cent payment on
deposits of the closed Union Trust
Co., and rebates from the East Ohio
Gas Co. in compliance with state
regulations, theatres, especially those
in the suburban area, report they are
experiencing a heavy pre-holiday
slump.
Downtown theatre business has
held up to about normal.
It is figured that the recently re-
leased money is being poured into de-
partment and gift stores.
Brandt, O'Reilly to
Tour for New Setup
(Continued from page 1)
plan to join a national organization
is out. The move on the new country-
wide association gets under way after
the first of the year.
MOTION PICTURE DAILYS
HOLLYWOOD PREVIEW
"The Band Plays On"
(M-G-M)
Hollywood, Dec. 17. — This embodies all the ingredients for sure-
fire entertainment and has rich, faithful blending of action, drama, com-
edy, romance and heart interest expertly handled by all departments with
much credit due to Producer Ned Marin's wise selection of the story and
his follow through to appealing results.
The story concerns four young boys, at the mischievous age of 14,
checked in a career of crime and placed in a reform school where
athletics predominate under the direction of Preston Foster, who later
becomes football coach at a large university. He molds the four ruffians,
Robert Young, Stuart Erwin, Russell Hardie and William Tannen,
to respectable manhood, where they become a quartet of sensational
football players on his team and identified as the "Four Bombers,"
paralleling the "Four Horsemen of Notre Dame."
True friendship, loyalty of all five, plus Betty Furness, cleverly in-
jected for romance by administering sisterly and paternal advice through
a series of hardships, evoke sympathy, laughter and heart interest.
Tempting offers for the boys to turn professional furnish unusual plot
suspense to an effective climax. Most of the action takes place in the
college dormitory and on the gridiron with a series of hair-raising foot-
ball games executed under the able direction of Russell Mack. The
comedy element, woven throughout, is well done by Leo Carrillo and
Ted Healy, abetted by Erwin portraying the dumb guy always talking
at the wrong time. Production Code Seal No. 457. Running time, 90
minutes. "G."
"The County Chairman"
(Fox)
Hollywood, Dec. 17. — Will Rogers, as a cracker-barrel politician as
native as homespun, will set audiences howling as his earthy humor un-
rolls from the screen in this Edward W. Butcher production for Fox.
Showmanship consists of varied entertainment, of romance more than
is usual for a Rogers film and of plenty of comedy philosophy blended
with yesterday's political tactics still used today, plus heart interest and
action.
The film is set in Wyoming at the time when women first voted.
Will, intent on beating his rival (Berton Churchill), who lied to Louise
Dresser years before and married her, nominates and elects his youthful
law partner (Kent Taylor) over Churchill. Evelyn Venable, Churchill's
daughter, in love with Nominee Taylor, complicates things, which
Rogers clears up.
The entire cast is splendid, with Miss Venable particularly appealing
a la Gibson girl and Stepin Fetchit's articulation enhancing the comedy.
It is a clean, wholesome, swiftly paced film. All hands merit kudos for
producing a fine, tongue-clucking showman's show.
John Blystone's direction is flavorsome and topnotch. Hal Mohr's
photography is inspired.
It looks like an assured cleanup in all spots. Production Code Seal
No. 486. Running time, 85 minutes. "G."
4 Purely
Personal ►
UERBERT J. YATES braved
*■ plane from Kansas City to Nev
York, all for the sake of seeing tha
new grandson and first child of hi,
daughter, Mrs. Titus.
Jeff McCarthy wrenched his bacf
the other day and now is in the Medi
cal Arts Sanitarium for a few days
Reported not serious.
John McGeehan is in Reading
and Harrisburg to prepare exploits
tion on "The Mighty Barnum."
Karen Morley and her husband
Charles Vidor, have arrived at thi
Warwick to spend the holidays.
Bob Gillham is flying east fron
Hollywood and is due in today.
Ted Schlanger was in Philadel-
phia yesterday.
Grad Sears is in Chicago. Bad
Wednesday.
Skouras-RKO Deals
To Be Signed Soon
(Continued from page 1)
actively engaged in a campaign for ad<
ditional units.
Spyros Skouras will head west abou
the middle of next month, he statei
yesterday, to look over the Fox Wes
Coast situation under reorganization
Charles Skouras and Edward Zabel
who planned to return to Los Angele:
by plane Sunday, were forced to taki
a train because of bad flying weather
Minor details have to be worked ou
before the 10-year joint operating con-
tract is signed by the Skourases. Spy-
ros will sign it here and Charles wil
affix his signature on the coast. Thr
procedure is now regarded as routine
Skowhegan Has 6th
N. E. Theatre Fire
Skowhegan, Me., Dec, 17. — Th<
sixth major theatre disaster in New
England within five days took place
yesterday when a $10,000 fire dam-:
aged the interior of the Strand here
Defective wiring is believed to have
caused the blaze, which was discov-;
ered after a hot air explosion blasted
open the exits.
Penn-Federal Shows
1934 Net of $7,700
Pittsburgh, Dec. 17. — For the
fiscal year ending Aug. 31, the Penn-
Federal Corp., which operates the
Penn, showed earnings of $7,700
after all charges, including 87 cents a
share on 8,900 shares of preferred
stock. This contrasts with a net loss
of $11,977 a year ago.
Gross income was $809,021, or a
gain of roughly $100,000. The net be-
fore interest and depreciation, items
which were practically the same both
years, was $157,017, compared to
$134,931 in 1933. The management
also secured a $10,000 annual reduc-
tion in rental. Funded debt was re-
duced $24,000 to $837,000 and 200
shares of preferred stock were re-
tired. The cash available from de-
preciation permitted the repayment of
a $50,000 loan to Loew's and United
Artists.
Exceptionally Fine For
Holiday Bookings
0&
— >=V. RTOO MS
Real Headline Attractions
"JACK AND THE BEANSTALK"
"ALADDIN AND WONDERFUL LAMP"
"THE QUEEN OF HEARTS"
"THE HEADLESS HORSEMAN"
"DON QUIXOTE"
CELEBRITY PRODUCTIONS, Inc., 723 7th Ave., New York City
"THE BRAVE TIN SOLDIER"
"THE LITTLE RED HEN"
"PUSS IN BOOTS"
"VALIANT TAILOR"
"JACK FROST"
*
The Leading
Motior
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Industry
MOTION PICTURE
DAILY
Alert,
Intelligent
the I
in All
Branches
-OL. 36. NO. 144
NEW YORK, WEDNESDAY, DECEMBER 19, 1934
TEN CENTS
?ight on FWC
Sale Delays
Case 2 Days
iriefs Are Ordered on
Anti-Trust Suits
Los Angeles, Dec. 18— Opposition
L approval of the proposed Fox West
oast sale to National Theatres Corp.
•ok uo several hours yesterday and
tiallv resulted in a two-day postpone-
jent to allow both sides to file briefs.
U. S. District Judge George Cos-
rave is then expected to render an
arly decision upon the plan of reor-
anization approved by Referee Earl
.. Moss.
The only two opponents are Mar-
nall Square Theatre Corp., operator
t the Orpheum, San Francisco, and
larry I. Hartman, operator of the
•rpheum, San Diego. They have anti-
-ust suits pending in which they seek
{Continued on page 8)
July 15 Lease Cases
Out of 1,689 Filed
Of the 1,689 combined cases __filed
ith the 64 local boards, only IS in-
olved leases, Tvree Dillard, Jr.,
:ated yesterday before leaving for
Vashington. He will present these
lets to Compliance Director Sol A.
.osenblatt at the public hearing today
n elimination of the leasing clause.
Changes in the vaudeville clauses as
'ell as an extension from 15 to 30
ays for handing down decisions by
ampi will be discussed.
A number of circuit heads left for
le capital last night to listen in on
le vaudeville hearing.
Philadelphia Plan
For Clearance Off
Plans for promulgating a clearance
nd zoning schedule in Philadelphia
ave been held up pending word from
'ampi, Leonard Schlesinger, War-
er zone manager in that territory
nd a member of the local clearance
nd zoning board, stated yesterday.
No meetings have been scheduled by
ie local board, he stated. The I.E.
'.A. has held a meeting to draw up
schedule, but such action is regarded
s unofficial in view of the Code
authority order.
Chicago Conspiracy
Case Is Withdrawn
Excitement over conspiracy charges
^gainst major distributors by George
Z. Gering of the Rosewood, Chicago,
izzled yesterday when the adjourned
{Continued on page 8)
Sarnoff and Laemmle Join
Optimism Ranks for 1935
By DAVID SARNOFF
Chairman of Board, RKO
Improvements in program material,
methods of production and reproduc-
tion, and in
audience taste
came hand-in-
hand in the last
year in the in-
dustry. They
give definite
promise of bet-
ter business in
1935. This mo-
tion picture de-
velopment was
paralleled in the
related art of
broadcasting,
where advances
in programs, the
technique of transmission, and in re-
ceiving set design added greatly to the
{Continued on page 8)
By CARL LAEMMLE, SR.
President of Universal
Hollywood, Dec. 18. — What about
1935? Personally, I think it is going
to be a splendid
year for all of
us. We have
learned so much
during the past
three years, and
the prospects
for returning
prosperity are
so bright, that I
feel confident
the business will
benefit doubly.
More people
have money,
more people feel
like s p e n d i ng
money. We have learned how to
economize and we have learned how to
{Continued on page 8)
Amalgamation
Of G. B. Units
Now Expected
By BRUCE ALLAN
London, Dec. 18. — Amalgamation of
all Gaumont British interests, includ-
ing absorption of Gainsborough Pic-
tures, a subsidiary, is expected by
many observers of industry develop-
ments. It is felt that increased rev-
enue wrould result from Gaumont's
American distribution outlet.
This impression was strengthened at
the annual meeting of Gainsborough
shareholders when C. M. Woolf, re-
plying to a shareholder's question, ad-
mitted that a Gainsborough-Gaumont
British amalgamation was being con-
sidered.
Developments are also looked for
{Continued on page 11)
Smalley-Schine Row
Goes to Washington
Hearing before the NRA Compli-
ance Board in Washington on the leas-
ing argument between William C.
Smalley and Meyer Schine, upstate
New York circuit operators, is slated
for tomorrow with principals involved
on hand as well as Tyree Dillard, Jr.,
Campi legal head.
The leasing complaint first went be-
fore the Albany board. It was re-
ferred to Campi, which has certified it
{Continued on page 8)
Kansas City's
Price Battle
Outlook Hazy
Kansas City, Dec. 18. — A state-
ment Nicholas M. Schenck made to
Motion Picture Daily while in Kan-
sas City en route to New York, to the
effect that there is a class of patrons
which cannot afford more than 15 or
25 cents for entertainment, may indi-
cate a price policy for Loew's Mid-
land here precluding an early cessa-
tion of the price war among Kansas
City downtown first runs.
Discussing the local situation,
Schenck said any move by Loew's to
increase the Midland's tariffs would
have to be preceded by restoration of
the 50-cent top set at the start of this
season by RKO for stage shows and
{Continued on page 11)
Louisiana Bills to
Affect Film Firms
New Orleans, Dec. 18. — Three
corporation bills affecting the industry
are being rushed through the third
special session of the Louisiana Legis-
lature.
One increases the corporation fran-
chise tax from $1.50 per $1,000 of cap-
italization to $2 per thousand and pro-
vides that the 50-cent raise shall go to
Louisiana State University.
Another makes it mandatory for
{Continued on page 8)
Predict New
Court Fights
On Dual Bans
Actions Hinge on Ruling
In Philadelphia Case
_ Court attacks on contractual restric-
tions against double featuring wher-
ever they are in force will be launched
by independent producers and distribu-
tors in the event of a Federal court
decision in Philadelphia declaring such
restrictions to be illegal, spokesmen
for the independents said yesterday.
Chicago, Cleveland and Los Angeles,
all committed to single feature pro-
grams at present, will probably be
the next centers for court tests of the
validity of double feature bans, it was
stated. Different situations are pre-
sented in these cities, which adopted
single feature programs through ex-
hibitor agreement, whereas in Phila-
delphia the restrictive measures were
initiated by distributors. Some ques-
tion exists, as a result, as to whether
{Continued on page 8)
Chicago Scoffs at
Invasion by Loew's
Chicago, Dec. 18. — Reports that
Loew's would invade the neighbor-
hood field here are denied by Aaron
Jones and scoffed at by exhibitor or-
ganizations. Certain circuits are bit-
ter over M-G-M's insistence upon
percentage and Saturday and Sunday
playing time, but Jones says he nego-
tiated no Loew tieup while in New
York.
This statement was made as a de-
nial to a report that he had closed a
deal to operate houses for Loew here.
The opinion here is that Loew
would find it difficult to break into
the field unless it should build new
houses.
Warners Hold All
Principal Officers
All officers of Warners were con-
tinued in their present posts at the
company board of directors' meeting
yesterday, except for one minor change
that resulted in an exchange of posi-
tions between Cyril H. Wilder, who
{Continued on page 8)
Ohio Showmen Look
For Pickup in 1935
Columbus, Dec. 18. — Although first
run exhibitors, as well as subsequents,
in practically every Ohio situation, re-
port decreased pre-holiday attendance,
they are hopeful for a decided pickup
{Continued on page 8)
MOTION PICTURE
DAILY
Wednesday, December 19, 193-
MOTION PICTURE
DAILY
(Registered U. S. Patent Office)
Vol. 36 December 19, 1934 No. 144
Martin Quigley
Editor-in-Chief and Publisher
MAURICE KANN
Editor
JAMES A. CRON
Advertising Manager
Published daily except Sunday and holi-
days by Motion Picture Daily, Inc., sub-
sidiary of Quigley Publications, Inc.,
Martin Quigley, President; Colvin Brown,
Vice-President and Treasurer.
Publication Office: 1790 Broadway, New
York. Telephone Circle 7-3100. Cable ad-
dress "Quigpubco, New York." All con-
tents copyrighted 1934 by Motion Picture
Daily, Inc. Address all correspondence to
the New York Office. Other Quigley pub-
lications: MOTION PICTURE HERALD,
BETTER THEATRES, THE MOTION
PICTURE ALMANAC and THE CHI-
CAGOAN.
Hollywood Bureau: Postal Union Life
Building, Vine and Yucca Streets, Victor
M. Shapiro, Manager; Chicago Bureau: 407
South Dearborn Street, Edwin S. Clif-
ford, Manager; London Bureau: Remo
House, 310 Regent St., London, W. 1,
Bruce Allan, Representative. Cable address:
"Quigpubco, London"; Berlin Bureau:
Berlin - Tempelhof , Kaiserin - Augustastrasse
28, Joachim K. Rutenberg, Representative;
Paris Bureau: 19, Rue de la Cour-des-
Noues, Pierre Autre, Representative; Rome
Bureau: Viale Gorizia, Vittorio Malpassuti,
Representative; Sydney Bureau: 102 Sus-
sex Street, Cliff Holt, Representative; Mex-
ico City Bureau: Apartado 269, James
Lockhart, Representative; Glasgow Bureau:
86 Dundrennan Road, G. Holmes, _ Repre-
sentative; Budapest Bureau: 3, Kaplar-u,
Budapest, II, Endre Hevesi, Representa-
tive; Moscow Bureau: Civtzev Vrazhek,
N. 25, Apart. 146, Moscow, U. S. S. R.,
Bella Kashin, Representative. Cable ad-
dress: "Samrod, Moscow."
Entered as second class matter, January
4, 1926, at the Pest Office at New York
City, N. Y., under Act of March 3, 1879.
Subscription rates per year: $6 in the
Americas, except Canada $15 and foreign
$12. Single copies: 10 cents.
RKO Radio Board Meets
The quarterly meeting of the board
of RKO Radio Pictures was held
yesterday with a routine schedule of
financial and corporate reports slated
to be acted upon, according to M. H.
Aylesworth, president, prior to the
close of the session which extended
into the late evening. J. R. McDon-
ough, chairman of the RKO Radio
board, who came east for the meeting,
returns to the coast late this week.
Roxy Invites Governor
Governor-Elect George H. Earle of
Pennsylvania and chief executives of
nearby states will attend the opening
of the Mastbaum under manage-
ment of S. L. (Roxy) Rothafel on
Sunday night, Leonard Schlesinger,
Warner Philadelphia zone manager,
stated yesterday. In addition, sales
executives from New York and nearby
territories will be on hand, he says.
Paramount in Rush
Hollywood, Dec. 18. — Paramount is
in a production rush with six features
in work and six going into production
this week. It is estimated that 2,600
persons will be on the studio payroll
during the holiday period.
Ludington Going West
Nicholas S. Ludington, president of
First Division, will leave for the coast
about the end of the month to link dis-
tribution activities with the new studio
program.
Insiders' Outlook
BEHIND Ben Schulberg's plan
*-*to crash into the independent
market with both feet and a
greater measure of independence
than has marked many, if not all,
of similar and earlier plans, lurks
considerable courage. Only Schul-
berg doesn't view it that way.
He thinks the scheme is practical,
definitely of potential profit and
so he is mentally poising a de-
cision to make at a moderate cost,
but of enough cost to make them
good, a series of eight pictures
with no commitment as to dis-
tribution. That will come through
the highest bid from the best
distributor when the studio job
is completed. . . .
▼
It runs like this, Schulberg
talking :
"A question of a producer's
mettle. No assurance aforesaid
that I would have a distributor
will turn me more cautious in see-
ing to it that I do a better job.
Isn't it obvious that this would
be a prerequisite? What I am
considering is production of three
pictures at the same time and the
application of straight merchan-
dising tactics in their sale. It is
common practice for all distrib-
utors, at some time or another
through the season, either to be
short of pictures or shy of a par-
ticular type of picture. That sort
of difficulty always crops up. I
think I can turn out what the
distributor can use and sell it at
a better price than I might get,
were I to make a deal prior to
production."
T
Whether or not he goes ahead
ties in directly with several other
matters. There is rumored pend-
ing— it looks like fifty-fifty
chance now with scale dipping
either way shortly — a deal by
which he would again head Par-
amount production. There is in
the offing, and not nearly so far
removed from fact as the geo-
graphical distance between New
York and London, a deal to make
five big pictures a year in
England. In the meantime, Ben
placidly smokes his long, black
and excellent cigars, catches up
on his sleep, goes to the theatre
and enjoys his liberty for the
first time in years. "Behold My
Wife" was his last for Para-
mount. He actually doesn't know
which studio will house his hat-
rack next and moreover doesn't
give much a hoot anyway. . . .
T
Episode something or other in
the Paramount serial: Reorgan-
ization groups, although in agree-
ment on provisions of the plan,
are splittiing into two camps over
the inclusion of company and in-
dustry men on the board. One
camp, apparently headed by the
stockholders' committee, is advo-
cating a directorate which would
include four or five men of wide
industry experience in addition
to Adolph Zukor, already named.
This coterie looks with favor on
nominees such as George Schae-
fer, Austin Keough and Walter
B. Cokell. . . .
T
A heavy representation of com-
pany men, they contend, would
make of it a "rubber stamp"
body, inclined to give unquestion-
ing approval to anything bearing
an executive recommendation.
They add that men of film ex-
perience from outside the com-
pany, carrying the desired quali-
fications, would be welcomed —
if they could be found. Mean-
while, the reorganization groups
move no nearer to an agreement
on selection of new board mem-
bers. . . .
T
In the opposing trench or in
in the opposite camp, which
Big Board Stocks Have a Good Day
Net
Columbia Pictures, vtc.
Eastman Kodak
Fox Film "A"...
Loew's Inc.. pfd. ..
Paramount Publix
RKO
Warner Bros
Warner Bros., pfd.
High
Low
Close
Change
Sales
39
38&
39
600
454
454
4%
+ 54
500
im
18
WA
+ %
2,000
109J4
108 54
109M
+154
600
13%
13
1354
1,000
365i
35%
36
+ Vi
4,500
mi
104%
104%
+ %
100
2M
3%
3%
+ Vs
7,500
254
2%
+ 54
27,500
4%
454
454
3,300
22
22
22
+ %
3,000
Technicolor Advances Half on Curb
Technicolor
Trans Lux .
High
. 1354
Low
13
Net
Close Change
1354 + 54
2 -a
RKO Bonds Make 3-Point Gain
High Law Close
General Theatre Equipment 6s '40 9 854 9
General Theatre Equipment 6s '40, ctf 8 8 8
Keith B. F. 6s '46 67 67 67
Loew's 6s '41, ww deb rights 105 10454 105
Paramount Broadway 554s '51 44 44 44
Paramount F. L. 6s '47 6434 6354 6454
Paramount Publix 554s '50 65% 64 65%
RKO 6s '41, pp 39 37 39
Warner Bros. 6s '39, wd 6054 60 6054
Net
Change
+ 54
-54
+ Va
- H
- 54
+ %
+3
+ %
Sales
600
300
Sales
4
5
1
12
1
30
75
5
55
seems to include the bondholders'
committee and the creditor bank
group, the viewpoint prevail;
that the advice of company ex-
ecutives will be available always
to the board and, therefore, that
body might just as well be com-
prised entirely of men of wide
financial, corporate and, even, of
literary experience. These groups
contend that such a board would
be best fitted by individual quali-
fications and viewpoint, when
augmented by an advisory com-
mittee of company executives, to
serve the new company. . . .
T
Candidates in plenteous num-
ber have been mentioned during
the past few weeks, but none has
succeeded in attracting sufficient
support to be considered a proba-
bility. And still the hope re-
mains in reorganization circles of
three to five additional directors
named in advance of the Federal
court hearing, now a mere eight
days away. In the meantime,
the stockholders' committee and
other creditors' committees, are
withholding their final approval
of the plan until the directorate
has been given some indication
of finality. Lacking this by Dec.
27, indications now are that the
plan may to before Federal Judge
Coxe on that date without sup-
port of some creditors' groups
which may be essential to its
acceptance by the court. . . .
▼
Added to this division within
the ranks of the creditors who
are really agreed upon the plan's
provisions but not on the direc-
torate, are objections of minority
creditor groups who oppose not
only the directorate but the pro
visions of the plan itself. In
siders say these objectors could
be overcome only by a solid front
of the large creditor groups in
support of the plan when it goes
before the court. Which would
indicate that an agreement on
the make-up of the new board
will play a leading part in Para-
mount developments during the
next week. And so it goes. On
and on. . . .
T
Will Loew invade the Chicago
neighborhoods? Off hand and
based on general knowledge, you
understand, completely unfortified
by facts to support the conten-
tion, this watchtower would de-
scribe the reports as a lot of
noise. It seems that Metro is
insisting that Windy City sub-
urbans play a number of Leo's
choicest on percentage and pre-
ferred playing time as well ; that
some of the exhibitors there have
informed Metro to fly a kite or
something perhaps less polite. . . ■
T
It also seems Metro is circu-
lating the yarn it proposes in-
vading the city by acquisition
of theatres more or less in the
wholesale manner. This cynical
(Continued on page 9)
'in unusudl tribute
to an unusudl hit!
104
.. i
important theatres are
playing it day and date
on the most important
date of the show season
DEC.2A
WARNER MYRNA
BAXTER • LOY
in FRANK CAPRA'S production
BROADWAY BILL
By Robert Riskin— Based on the story by Mark Hellinger
A COLUMBIA PICTURE
Direct from two successful weeks at Radio City Music Hall
'My dear, you must see Irene
Dunne in f Sweet Adeline'."
"I hear Bette Davis gives a simply
marvelous performance with
Paul Muni in f Bordertown'."
Have you seen Irene Duni
in 'Sweet Adeline'?"
"I can hardly wait to see
Rudy Vallee's new picture,
f Sweet Music'!"
See — what a grand directioi
job Mervyn LeRoy's done ii
f Sweet Adeline'!"
"Have you heard that Warners
are going to film f A Midsum
per Night's Dream'?
"They sayfBordertownV the best
thing Paul Muni has ever done.
THE BEST ARE
YET TO
Do»9lass
h
Mont
"TUr ft*"9"
Lowell
Sherman's
"NIGHT LIFE
OF THE GODS
Howard
Hawks'
SUTTER'S
GOLD
****
c\<*> *e
■ Uayo'Pi
IMITATION OF LIFE
is doing everywhere . • . Now watch
UNIVERSAL step out again, and
again, and again with these smash-
ing money-coiners!
MOTION PICTURE
DAILY
Wednesday, December 19, 1934
Predict New
Court Fights
On Dual Bans
(Continued from page 1)
legal action could be brought in Fed-
eral courts to upset a trade system
adopted by local exhibitors.
The Cleveland double feature pro-
hibition has been upheld by the Ohio
state court following an attack on its
enforcement last summer. Edward
Golden, Monogram sales manager, said
that the independents' attack would be
launched in Federal court there im-
mediately after the first of the year.
He stated that the action there would
be taken regardless of the outcome of
the Philadelphia case.
Warners Hold All
Principal Officers
(Continued from page 1)
had been serving as an assistant
treasurer, and Paul A. Chase, who
had been an assistant secretary.
The other officers are : Harry War-
ner, president; Albert and Jack War-
ner, Sam E. Morris and Herman
Starr, vice-presidents ; Albert War-
ner, treasurer; Samuel Carlisle, W.
Stewart McDonald, assistant treas-
urers ; Abel Cary Thomas, secretary
and general counselj Harold S. Bare-
ford, Edward K. Hessberg, assistant
secretaries ; Samuel Carlisle, comp-
troller, and Thomas J. Martin, auditor.
Albert Warner presided.
Louisiana Bills to
Affect Film Firms
(Continued from page 1)
foreign corporations to keep in this
state records of their stock transfers.
A third makes it mandatory for for-
eign corporations to keep in their prin-
cipal offices in this state a full set of
books and other records. This will
open details of exchange business here
to the State Tax Commission.
"U" Agency fs Bombed
The Midtown Agency, Universal's
representative in Cuba, was bombed
Monday night, according to word re-
ceived yesterday by N. L. Manheim,
foreign sales manager for the com-
pany. Forty establishments, covering
a wide range of businesses, were sub-
mitted to terroristic tactics that night.
Para, to Open Friday
The Paramount will open its next
week's program Friday, instead of on
Christmas day as planned. Stage
shows will be resumed with Fred
Waring and his Pennsylvanians as
the attraction. "Here Is My Heart"
will be on the screen.
Wing to Make Color Film
Director Ward Wing, recently here
from London, will make "The Great
White Rajah" for CineColor, the
British company. The film will be
shot in Borneo, he says.
Grace Moore to Coast
Hollywood, Dec. 18.— Grace Moore
is expected back here for the holidays.
She has been on a concert tour. She
will start work early next year on a
new musical for Columbia.
Sarnoff and Laemmle Join
Optimism Ranks for 1935
By DAVID SARNOFF
(Continued from page 1)
size of the listening audience and to its
pleasure in radio.
Public interest in motion pictures is
not limited alone to the story pre-
sented. Audiences are becoming more
and more aware of the fact that good
sound is necessary to make a good mo-
tion picture. The popularity of musi-
cal productions has given impetus to
this trend.
Research into motion picture tech-
nique still continues. Within the period
under review a remarkable new sys-
tem of noiseless recording using a
double sound track and making pos-
sible the utmost in realism of repro-
duction was developed in the Camden
laboratories. This new system com-
pletely eliminates all noise which pre-
viously resulted from the unused por-
tion of the sound track. A number of
important feature productions are to
be recorded by this means in the new
year. The new system will at first be
used for making the master sound
negative in the studios and later on
will be applied to improving the re-
production in the theatre.
By CARL LAEMMLE, SR.
(Continued from page 1)
make our money go further. This is
an unbeatable combination, if we re-
member the lessons we have learned so
dearly.
One thing which seems most certain
is that the grosses on big pictures are
going to be bigger than ever before
and the grosses on unimportant pic-
tures are not going to be any greater.
The productions which are carefully
made and which can be easily ex-
ploited are going to be the pictures on
which we must rely to make our
profits. I have an idea that there will
be fewer pictures next year, that there
will be a greater proportion of these
important pictures and that these im-
portant pictures will occupy more time
in preparation and more time in pro-
duction, in order to make them as ex-
ceptional as possible.
Personally, I am watching the so-
called decency drive with a great deal
of interest. The thing I want to find
out particularly is whether these well-
meaning people who have demanded a
higher^ type of moving picture, will
patronize^ that type themselves, or will
do anything aggressive to impel thea-
tre-goers to patronize them.
Ohio Showmen Look
For Pickup in 1935
(Continued from page 1)
with the turn of the year. Their
optimism is based on generally im-
proved conditions in all lines.
An Associated Press survey among
retail merchants in 18 Ohio cities and
towns shows increased Christmas buy-
ing ranging from "slight" to SO per
cent over the corresponding period of
last year. Some situations report the
greatest volume since 1928.
Increased farm prices and govern-
ment compensation for crop curtail-
ment and other media of relief are
bringing the rural population into the
spending channels of the cities, while
industrial centers are reflecting the
increase in employment.
Brandt-Roth Near
Fight at Hearing
Harry Brandt, part owner of the
Rialto, Newark, N. J., and Morgan
Roth, manager of Warners' Goodwin,
same city, almost came to blows yes-
terday at the New York grievance
board when the former became in-
censed at Roth because he called evi-
dence by Brandt and Dave Weinstock
"flimsy." When Roth made the re-
mark, Brandt jumped up and rushed
over to the Warper manager and
exchanged fiery words until Henry
Randell, Paramount Brooklyn ex-
change manager and chairman of the
session, yelled that he would throw
the premature advertising case out if
the litigants couldn't calm themselves.
Warners charged that the Rialto, after
previously consenting to stop premature
advertising, repeated the practice on
"Age of Innocence." Roth said he
and his assistant, B. Edelstein, saw
a lobby card in the defendant's the-
atre. Both Brandt and Weinstock de-
nied this. Decision was held over
until this morning.
Frank Samerelli's conspiracy charges
against Vitagraph, M-G-M, RKO
Radio, Fox and Paramount didn't get
far. At first Louis Nizer. attorney
for the distributors, claimed the com-
plaint not within the jurisdiction of
the board, but this was overruled.
After presenting his case, Harry Such-
man, representing the Royal, Port
Jervis, N. Y., asked that the man-
agers of the companies involved be
called for cross examination, to which
Nizer again objected.
Ex-Senator George Thompson, im-
partial representative, insisted that the
men be called and asked that notices
be sent out. Nizer stated he would
not guarantee their presence today
on the grounds that "one cannot im-
peach his own witness."
Norfolk Clearance
Complaints Denied
Washington, Dec. 18. — The clear-
ance and zoning board today dismissed
complaints brought by Jeff Hoff-
heimer, in behalf of his Byrd, Park
and Grand, Norfolk, Va., in protest
against protection of four and six
months enjoyed by William S. Wild-
er's Newport.
The three cases were heard as one,
with Alan J. Hoffheimer acting as at-
torney. Those who testified for
Wilder were Hunter Perry, Newport
News operator; Langborne Weiford.
manager of the Wells ; Carter T. Bar-
ron, Loew district manager ; Robert
Smeltzer, Vitagraph district manager,
and Sidney Gates, manager of the
Gates, Portsmouth.
Sidney B. Lust was chairman of the
hearing, with Prof. Robert Maurer of
Georgetown University Law School
sitting as the newly appointed impar-
tial alternate.
Liberty Sets Dallas Deal
Liberty Pictures has closed with
Tames G. Tomlin of Special Pictures
for the distribution of the Liberty pro-
gram in the Dallas territory.
Fight on FWC
Sale Delays
Case 2 Days
(Continued from page 1)
$1,500,000 and $2,250,000, respectively
Their attorneys insist the reorganiza-
tion plan should provide for assump
tion of any possible judgment by th<
new company.
Attorneys for the reorganization in
terests point out they already have
agreed to assume all the administra
tion expenses of the bankruptcy am!
that this would be included automat
ically as an obligation of the new com
pany, in the event of a court victor}
for the plaintiffs.
After listening to the arguments fo:
several hours Judge Cosgrove calle<
for briefs.
F. W. C. interests backing the nevj
company pointed out that their 30-da;
offer for the sale expires tomorrow
but gave no indication of an intentioi
to withdraw it in case the proceeding
are dragged out.
Chicago Conspiracy
Case Is Withdrawi
(Continued from page 1)
complaint came up for appeal befor
Campi.
After causing quite a stir at th
Code Authority appeal hearing las
Tuesday, the case was called agai
yesterday and withdrawn in less tha
one minute. Harold J. Sherman c
Feitelson & Mayer represented Gerin;
and asked that the action be with
drawn.
When the appeal came up last wee
on the three-to-one decision againf
Gering, Edward A. Golden, sales man
ager of Monogram, and I. Levinso
of Warners exchanged remarks fc
the record which indicated firework
This, however, failed to materializi
The complainant charged that h
couldn't buy pictures without restric
tions on dual bills.
The same committee which sat la<
week also was ready to act yestei
day. It included Golden, Roy I
Haines of Warners and Nathan Vir
grad, independent exhibitor.
With Dan Michalove substitutin
for Haines, a clearance and zonin
appeal by the Ambassador, Philade1
phia, against Warners' Benn, sarc
city, was heard. Arthur Arnold ref
resented the complainant while Jc
Sloane acted for Warners.
Smalley-Schine Row
Goes to Washingtoi
(Continued from page 1)
to Washington. Because of the com
plexity of the matter, Campi member
have been unable to agree.
Official listing of the complaint i
William C. Smalley, Smalley's Ham
ilton, Hamilton, N. Y., against Glov
City Amusement Co., Inc.
Revamp Inspiration
_ Reorganization plans for Inspira
tion are under way with a new com
pany expected to be formed shortl
with a capital of $750,000. Intentio
is to make three specials a year. Th
company has 31 stories to draw fron
In 15 years of operation it produced 6
pictures. Walter Camp will be finan
cially interested in the new compan)
MOTION PICTURE
DAILY
Tough on the Santa Fe
Kansas City, Dec. 18. — The Santa Fe dining service was deprived
of considerable revenue by the enterprise and foresight of Jake
Wilk, Warners eastern story editor, who acted as quartermaster
of the Warner party traveling to the coast.
Before boarding the Chief at Chicago, Wilk went on a foraging
expedition and stocked up on certain gustatory delights well
known in some places but not obtainable on the train. As the
Chief thundered toward Kansas City, the Warner legion, seven in
number and including Harry M. and Mrs. Warner and members
of the family, Andy Smith, Charlie Einfeld and Wilk, filed into
the dining car and awaited service.
"Pickled herring and pumpernickel for all," was Wilk's order
when the steward came around. "You'll find them both in my
compartment."
The steward's eyes popped, but he fetched the pungent delicacy
and served the party.
"Next course is corn beef, peppered," announced Quartermaster
Wilk when the herring had been finished, and the steward made
another trip to the private commissary.
The corn beef annihilated, Wilk, still acting as master of cere-
monies, pronounced: "Now we'll buy some coffee."
And that's probably the reason the railroads are in the red.
Variety Club Chatter
'ednesday, December 19, 1934
I Purely
Personal ►
EONARD SCHLESINGER, Ben
a Amsterdam, Sam Schwartz, I.
lvy, Jerry Wilhelm, George Schorr,
arle and Joe Forte, Basil Zeigler,
rthur Arnold, Albert M. Cohen,
kCK Greenberg and Joe Sloane, all
tiiladelphians, were in town yester-
or-
Harold S. Bareford, who is sched-
ed to make a periodic trip to the
ast next month, is forsaking New
ork for the Miami sun. He'll leave
r the south around Jan. 15 for a
ree-week basking.
Joe Vergesslich and his wife, who
ill, leave for Miami on Dec. 27 for
ree months. Phil Meyer succeeds
ergesslich as manager of the New
Drk Gaumont British exchange.
Harry Armstrong and Dick Ger-
•s>, composer and lyric writer for
iweet Adeline," will be guests of
nor tonight at a dinner in the
otel Roosevelt
Ben Schulberg is awaiting the re-
rn of his children from school,
leri he, together with Mrs. S., will
t sail for Bermuda on the 26th.
st a short hop.
Austin Keough, Gus Eysell,
yree Dillard and John C. Flinn
it for Washington last night to be
i hand for the code amendment hear-
gs today.
James P. Clarke, president of the
ational Film Carriers Ass'n, arrives
:m Philadelphia and will stay over
t the Ampa party tomorrow.
Marguerite Wallman, Austrian
llet dancer signed by M-G-M, ar-
yed yesterday on the Conte di
nvia.
L. J. Schlatter arrived in Dallas
3m Oklahoma City yesterday. He
as in Omaha before hitting Okla-
ima.
Nat Holt, Cleveland RKO district
anager, was in town yesterday for
me office conferences on bookings.
Leslie Howard returns to the New
ork stage as star of "The Petrified
Drest" early in January.
Bert Nayfack, attorney, arrived
jm the coast yesterday. He was in
e Schenck party.
John Cosentino, special represen-
tive for Amity Pictures, has arrived
Dm the midwest.
Jack Sktrball, Educational sales
anager, returned yesterday from
licago.
J Dan Michalove will accompany S.
Kent west next month.
1 Pat Garyn has lost 35 pounds with-
the last few months.
'Morton Downey starts work today
a Vitaphone short.
Bill Sussman is heading for the
ast via the Canal.
■
Mrs. Klitzsch Dies
Berlin, Dec. 18.— Mrs. Ludwig
litzsch, wife of the president and
neral manager of Ufa, died sud-
Jily here today.
%17S,35S in Chest Drive
Hollywood, Dec. 18.— Of its $225,-
0 quota the industry has subscribed
73,356 to the Community Chest, it
as reported today.
Albany
Albany, Dec 18. — Kings for a Day,
Jack Bullwinkle and Bernie Mills
played host to a large gathering of
barkers and their guests at a noon-day
luncheon held under the big top.
Assistant District Attorney J. J.
Casey of Albany County was guest
speaker — his subject dealing with the
present rounding up of public enemies
in the Empire State. Casey's name
was added to the list of associate
members.
Al Mamux, newly appointed man-
ager of the Albany ball club, was in-
troduced and was extended a hand of
welcome and a splendid reception.
Detroit
Detroit, Dec. 18. — New officers
have been elected by Variety Club as
follows : President, Edward Kirch-
ner; first vice-president, Maurice
Caplan; second vice-president, J. O.
Brooks; treasurer (re-elected), Carl
H. Shalit; secretary (re-elected),
David Newman; directors, Otto
Bolle, Max Smitt, Ray Moon, H.
M. Richey, Harold C Robinson, J.
D. Idzal.
The annual ball will be held Feb. 23.
Columbus
Columbus, Dec. 18. — Marmaduke
R. Clark was reelected chief barker
(president) of Columbus Tent No. 2
of the Variety Club for his fourth
term at the club's annual meeting in
its Deshler- Wallick quarters. Clark
is Paramount manager.
William M. James and Robert S.
French were named vice-presidents
and H. E. Cherrington and Thomas
W. Lawson were reelected secretary
and treasurer, respectively.
These six directors complete Clark's
cabinet : M^x/ Stearn, Leo Haenlein,
James V. Peppe, Kline L. Roberts,
P. J. Wood and A. Haft. William
S. Cunningham is the new house
committee chairman. All officers as-
sume their posts Jan. 1. A testimonial
dinner was tendered Sheriff Ross
Anderson preceding the meeting.
Anderson is a Variety Club member.
At a recent banquet, tendered to
new members of Variety, Frank
Crumit, who is shepherd of the
Lambs in New York, was elected to
honorary membership. Frank was in
Columbus with his wife, Julia Sand-
erson, visiting his brother-in-law,
Barker George Trautman.
Reade Offers Spots
For "Sweet Adeline"
Walter Reade has offered Warners
the Astor or the Mayfair for the
Broadway showing of "Sweet Ade-
line" inasmuch as the Strand is not
expected to open for the next four
weeks. Warners yesterday definitely
decided to keep the Warner closed.
The house was being considered for
"Sweet Adeline."
"Hell in the Heavens" at the May-
fair grossed $13,500 for the first week
and is being held a second. "Babes
in Toyland" took in $13,000 in the
first six days at the Astor and will be
held another week and will be fol-
lowed by "Wicked Woman." "Silver
Streak," slated to follow "Babes in
Toyland" at the Astor may follow
"Wicked Woman" or be shunted into
the Mayfair after the first of the
year.
Leo Justin of the Reade offices
leaves Saturday for a two weeks'
West Indies' cruise. Reade leaves for
the south upon Justin's return.
9
Insiders' Outlook
(.Continued from page 2)
outpost, for perhaps peculiar rea-
son, reminds itself of the time,
not long since, when Metro
couldn't see it eye to eye with
Bob McNeill of Golden States
Theatres and threatened to build
in Bob's exclusive Northern Cali-
fornia territory. Whereupon
McNeill made a deal and Ed
Schiller, forgetting theatres for
the pleasures of Waikiki, pro-
ceeded to Honolulu. Or do we
make ourselves clear ? . . .
KANN
Dance Floors Spread
In Down East Houses
Boston, Dec. 18. — The Platinum
Salon of the Metropolitan, M. & P.-
Publix house and the largest in New
England, has been redecorated and
enlarged. Free dancing is offered
patrons nightly, often with name
bands alternating from the stage to
furnish music.
Portland, Me., Dec. 18. — The
Strand, recently an M. & P.-Publix
house and now operated by Abe
Goodside who ran the house for
seven years before it was taken over
by Publix five years ago, is _ being
joined to Goodside's Empire in the
same building by a dance hall which,
when completed, will be available to
audiences of both houses after final
evening performances.
Woonsocket, R. L, Dec. 18. — A
new project by C. M. Williams to
attract fans to the Laurier is installa-
tion of a dance floor. At the close
of the show, two hours of dancing
follows. An Old-Timer's Night is a
weekly feature.
Work on Bombing Clue
Boston, Dec. 18. — The Boston
police are working on what is said to
be the most promising clue to date to
the bombing Wednesday morning of
the Tremont and Majestic here. A
New Yorker, known as a professional
bomber, is believed to have spent the
night before the bombing at a local
hotel. Also regarded as important is
the belief that fuse bombs, not time
bombs, were employed.
Small Back on Coast
Hollywood, Dec. 18. — Edward
Small arrived today after three
months east, prepared to start Re-
liance's group of six films for United
Artists. The first will be "The Mel-
ody Lingers On"; the second, a Louis
Weitzenkorn original tentatively
called "Washington Correspondent".
The True Story of the Munitions
Racket Brought to the Screen
TWO BIG WEEKS ON BROADWAY
EUREKA PRODUCTIONS, INC., 723 7th Avenue, N. Y. City
10
MOTION PICTURE
DAILY
Wednesday, December 19, 1934
"Millions" Is
Chicago's Hit
With $25,000
Chicago, Dec. 18.— Despite a two-
day blizzard, Loop spots grossed
heavily. "Kid Millions" packed 'em
in at the United Artists and grabbed
$25,000 on the week. This is $8,000
over average.
"Wednesday's Child," with the
"Folies Bergere Revue" as a big help,
ran the Palace gross $9,000 over the
line for a take of $31,000.
Total first run business was $131,-
000. Average is $131,600.
Estimated takings :
Week Ending Dec. 12:
"FLIRTATION WALK" (F.N.)
ROOSEVELT— (1,591), 25c-35c-50c, 2nd
week, 7 days. Gross: $11,000. (Average,
$11,000)
Week Ending Dec. 13:
"THE WHITE PARADE" (Fox)
CHICAGO— (4,000) , 25c-50c-68c, 7 days.
Stage: George Givot, El-Meres Dancers,
Harlem High Life. Gross: $25,000. (Aver-
age, $34,600)
"LEMON DROP KID" (Para.)
ORIENTAL— (3,940), 25c-40c, 7 days.
Stage: Platinum Blonde Revue & vaude-
ville. Gross: $16,000. (Average, $15,000)
"WEDNESDAY'S CHILD" (Radio)
PALACE— (2,509), 25c-35c-50c, 7 days.
Stage: "Folies Bergere Revue." Gross:
$31,000. (Average, $22,000)
"BEHOLD MY WIFE" (Para.)
GARRICK— (900), 25c-35c-40c, 7 days.
Gross: $5,000. (Average, $5,000)
Week Ending Dec. 14:
"KID MILLIONS" (U.A.)
UNITED ARTISTS— (1,700), 30c-40c-60c,
7 days. Gross: $25,000. (Average, $17,000)
"WHAT EVERY WOMAN KNOWS"
(M-G-M)
APOLLO— (1,400), 25c-35c-50c, 3rd week,
7 days. Gross: $5,000. (Average, $12,000)
Week Ending Dec. 15:
"RED HEAD" (Monogram)
STATE-LAKE — (2,776), 20c-25c-35c, 7
days. Stage: Larry Rich & Co., Dolores,
Andre & Dmitri. Gross: $13,000. (Aver-
age, $15,000)
"Lady by Choice"
Indianapolis Lead
Indianapolis, Dec. 18. — "Lady by
Choice," with Ted Lewis on the stage,
grabbed the big money here last week.
It ran up to $8,500 at the Circle.
Business elsewhere went into its
pre-Christmas slump. "Anne of Green
Gables" was extremely weak at $4,000
in the Indiana, and "Babbitt," with a
stage show, didn't do very well at the
Lyric.
Total first run business was $24,500.
Average, without the Apollo and Cir-
cle, is_ $18,500.
Estimated takings for the week end-
ing Dec. 15 :
"MADAME DUBARRY" (Warners)
APOLLO— (1,100), 25c-40c, 7 days. Gross:
$2,500
' "LADY BY CHOICE" (Col.)
CIRCLE— (2,800), 25c-40c, 7 days. Stage:
Ted Lewis. Gross: $8,500.
"ANNE OF GREEN GABLES" (Warners)
INDIANA— (3,133), 25c-40c, 7 days. Gross:
$4,000. (Average, $7,000)
"BABBITT" (F. N.)
LYRIC— (2,000), 25c-40c, 7 days. Stage
show. Gross: $6,000. (Average, $7,000)
"WICKED WOMAN" (M-G-M)
PALACE— (3,000), 25c-40c, 7 days. Gross:
$3,500. (Average, $4,500)
Gables Will Come East
Hollywood, Dec. 18. — Clark Gable
will make a trip to New York with
his wife for the Christmas holidays
following completion of "Town Talk"
for M-G-M.
"Flirtation"
$8,900 Wow,
Kansas City
Kansas City, Dec. 18. — In a week
that reflected the pre-Christmas slump
earlier than usual, "Flirtation Walk"
captured gross honors with a take of
$8,900 at the Mainstreet. This is
$1,900 above average for straight films.
The attraction was held over four
days.
Elsewhere business sagged, and the
Midland's $3,200 for five days of
"Wicked Woman" hit an all-time low.
The week's aggregate gross at first
runs was one of the low points of the
year. Bad weather, several days of
grand opera and Christmas shopping
put a crimp in ticket sales.
Total first run business was $25,800.
Average is $29,900.
Estimated takings :
Week Ending Dec. 11:
"WICKED WOMAN" (M-G-M)
MIDLAND— (4,000), 15c-25c-40c, 5 days.
Gross: $3,200. (Average, 5 days, $6,500)
Week Ending Dec. 12:
"CHU CHIN CHOW" (G. B.)
UPTOWN— (2,000), 25c-40c, 8 days. Gross:
$3,400. (Average, 8 days, $3,900).
Week Ending Dec. 13:
'^FLIRTATION WALK" (F. N.)
MAINSTREET— (3,100), 15c-2Sc-40c, 7
days. Gross: $8,900. (Average, films only,
$7,000)
"BEHOLD MY WIFE" (Para.)
NEWMAN— (1,800), 25c-40c, 7 days.
Gross: $4,000. (Average, $6,000)
"WHITE LIES" (Col.)
TOWER— (2,200), 25c, 7 days. Stage:
"Bandwagon Brevities," with Three Fon-
zelles, Keene Twins, Vic & LaMarr, Gene
Straub, Flo Mayo, others. Gross: $6,300.
(Average, $6,500)
"Happiness" with
Show Montreal Top
Montreal, Dec. 18. — Observance of
the Feast of Conception as a bank
holiday in the Province of Quebec
helped theatres in the face of Christ-
mas shopping. Bebe Daniels and Ben
Lyon on the stage with "The Pursuit
of Happiness" gave Loew's $12,500.
The second week of "We Live
Again" at the Princess was accorded
a boost with the addition of the pic-
tures of the Royal wedding in London
and the take was $7,500, as against
$8,500 for the first week without the
Princess Marina shots.
Total business was $41,500. Aver-
age is $40,500.
Estimated takings for the week end-
ing Dec. 15 :
"THE WHITE PARADE" (Fox)
"BACHELOR OF ARTS" (Fox)
CAPITOL— (2,547), 25c-35c-40c-50c-60c, 7
days. Gross: $8,500. (Average, $9,500)
"CHEATING CHEATERS" (Univ.)
IMPERIAL— (1,914), 15c-25c-35c, 7 days.
Stage: Vaudeville unit show. Gross: $3,000.
(Average, $3,500)
"THE PURSUIT OF HAPPINESS"
(Para.)
LOEW'S— (3,115), 30c-40c-45c-57c-75c, 7
days. Stage: Bebe Daniels and Ben Lyon;
Condos Bros.; Hunter & Percival; 4 Albee
Sisters; Will Ritchie & Co.; Mann, Robin-
son & Martin. Gross: $12,500. (Average,
$10,500)
"EVELYN PRENTICE" (M-G-M)
"LOVE TIME" (Fox)
PALACE— (2,600), 30c-34c-40c-50c-65c, 7
days. Gross: $10,000. (Average, $11,000)
"WE LIVE AGAIN" (U. A.)
"THAT'S GRATITUDE" (Col.)
PRINCESS— (2,272), 30c-35c-50c-65c, 7
days, 2nd week. Added: Wedding of Duke
and Duchess of Kent. Gross: $7,500. First
week: $8,500. (Average, $6,000)
Calls for Gun
Toronto, Dec. 18. — During
the course of his visit in
Toronto recently, Ned Sparks
was entertained by Premier
M. F. Hepburn of Ontario,
both having been residents
of St. Thomas, Ont.
As Sparks was being taken
on a tour of the Provincial
Parliament Buildings, the
party passed a door which
was labeled "Ontario Motion
Picture Censor Bureau."
Without cracking a smile,
Sparks called loudly for a
shotgun and buckshot.
"Prentice" Is
Cleveland Top
With $12,000
Cleveland, Dec. 18. — "Evelyn
Prentice" was the only important box-
office attraction in a dull week here.
Its $12,000 take at Loew's State
topped normal by $2,000.
"Flirtation Walk" fell off to $5,700
in its second week at Warners' Hippo-
drome. "Imitation of Life," which
has been stirring up excitement else-
where, failed to click in a big way.
It took only $8,500 at the RICO
Palace.
Total gross was $31,600. Average
is $34,000.
Estimated takings for the week end-
ing Dec. 14:
"THE SILVER STREAK" (Radio)
ALLEN— (3,300), 20C-30C-40C, 5 days.
Gross: $1,400. (Average, $3,000)
^FLIRTATION WALK" (F. N.)
WARNERS' HIPPODROME— (3,800), 30c-
35c-44c, 7 days, 2nd week. Gross: $5,700.
(Average, $6,000)
"IMITATION OF LIFE" (Univ.)
RKO PALACE— (3,100), 30c-35c-44c, 7
days. Gross: $8,500. (Average, $10,000).
"EVELYN PRENTICE" (M-G-M)
LOEW'S STATE— (3,400), 30c-35c-44c, 7
days. Gross: $12,000. (Average, $10,000)
"MENACE" (Para.)
LOEW'S STILLMAN— (1,900), 20c -30c-
40c, 7 days. Gross: $4,000. (Average,
$4,000)
Seeks Foreign Deals
Boston, Dec. 18. — William Shapiro,
president of Franklin Prod., is abroad
seeking distribution right here, and
possibly nationally, on British product.
At the local offices, where his sister,
Celia Shapiro recently has become
booker, it is said that no definite word
has been received from across. B. I. P.
is said to be one concern in which the
Hub exchange executive is interested.
Chambers-Higgens Wed
Boston, Dec. 18. — Marion Higgens,
for some years on the house staff of
the Metropolitan, and Donald Cham-
bers, assistant to Harry Browning,
publicity mentor, have married.
Col. Signs Byron Morgan
Hollywood, Dec. 18. — Columbia has
placed Byron Morgan, scenarist, un-
der contract. His first will be the
adaptation of "Two for One."
Dave Chatkin Is III
Cleveland, Dec. 18. — Dave Chatkin
circuit head, is ill in his apartment
at Wade Park Manor.
Rhythm" Is
Pittsburgh's
Single Draw
Pittsburgh, Dec. 18. — Pre-Christ
mas shopping hit theatres with i
vengeance. Last week was one of th<
poorest of the season, not a singli
house going above par and only thi
Penn touching it. That was wit!
"College Rhythm," and its $12,000 car
be attributed principally to the pres
ence in the cast of Joe Penner, whx
has always been a big favorite locally
The Fulton had one of the wors
weeks of the year with "LittL
Friend," getting only $2,800, whil<
"Imitation of Life," for which record
breaking business had been predicted
was a disappointment at the Stanley
doing only $8,000. The Alvin and th
Warner also slipped, the former t>
$9,000 with "Bachelor of Arts" and
stage show, and the latter to $3,75
with "Du Barry."
Total grosses in six first runs wer
$40,350. Average is $46,500.
Estimated takings for the week end
ing Dec. 13 :
"BACHELOR OF ARTS" (Fox)
ALVIN— (2,000), 25c-40c, 6 days. Stagi
Johnny Perkins, Sally Gay, Peter Higgin
Three Little Words, Streamline Alvinette
Jerry Mayhall's orchestra. Gross: $9,00
Average, $10,000)
"LITTLE FRIEND" (G. B.)
FULTON — (1,750), 15c-40c, 6 days. Gro*
$2,800. (Average, $4,500)
"COLLEGE RHYTHM" (Para.)
Penn— (3,300), 25c-50c, 6 days. Gros
$12,000. (Average, $12,000)
"AGAINST THE LAW" (Col.)
PITT— (1,600), 15c-35c, 6 days. Stag.
Raynor Lehr's "Show of Shows," with N
(Chic) Haines, The LaFons, Joe Robert
Blenders Quartet, June Burnett, Frazi
Brothers and Betty Lawrence. Gros
$4,800. (Average, $6,000)
"IMITATION OF LIFE" (Univ.)
STANLEY— (3,600), 25c-50c, 6 day
Gross: $8,000. (Average, $9,000)
"DU BARRY" (Warners)
WARNER— (2,000), 25c -40c, 6 days. Gros
$3,750. <Average, $5,000.t
"Flirtation" Good
Draw in Oklahom*
Oklahoma City, Dec. 18. — "Flirtf
tion Walk" knocked the Christnu
slump loose from the Midwest with
take of $4,700, over the line by $700.
"It's a Gift" was the only other a'
traction in town to demonstrate ii
drawing power in the face of the shot
ping rush. It took $2,400 at the Cap
tol, which tops par by $400.
Total first run business was $12,60'
Average is $13,500.
Estimated takings for the week enc
ing Dec. 15 :
"WE LIVE AGAIN" (U. A.)
WARNER— (1,900), 10c-20c-36c-41c-56c,
days. Gross: $3,000. (Average, $5,000)
"FLIRTATION WALK" (F. N.)
MIDWEST— (1,500), 10c-26c-36c-56c,
days. Gross: $4,700. (Average, $4,000)
"IT'S A GIFT* (Para.)
CAPITOL— (1,200), 10c-20c-26c-36c-41c,
days. Gross: $2,400. (Average, $2,000.)
"MENACE" (Para.)
LIBERTY— (1,500), 10c-15c-26c-36c, 4 day
"Circus Days" on stage. Gross: $1,90
(Average week, $2,500)
"HAVE A HEART" (M-G-M)
LIBERTY— (1,500), 10c-15c-26c-36c. 3 day
Gross: $600. (Average week, $2,500)
Del Ruth for Tibbett
Hollywood, Dec. 18. — Darryl Za
nuck has assigned Roy Del Ruth t
direct Lawrence Tibbett's first fo
20th Century, "Sing, Governor, Sing.
Vednesday, December 19, 1934
MOTION PICTURE
DAILY
Amalgamation
Of G. B. Units
Vow Expected
(Continued from pane 1)
hortly in connection with General
."heatres, as a result of the stormy
cenes which developed recently at the
nnual meeting and the proposed probe
if its affairs, to which Isidore Ostrer
onsented.
As a result of the uncertainties con-
lected with this probe Jeffrey Bernerd
las delayed his departure for the
Jnited States and is not certain when
le will leave.
A drop in Gaumont British ordi-
lary shares to a low of eight shill-
ngs and six pence (about $2.12)
•ompared with 14 shillings and 1054
>ence (about $3.70) early in the
/ear, accompanied by a decline in
reference stock from 20 shillings and
:ine pence (about $5) to 15 shillings
md one and a half pence (about
>3.75), is giving rise to adverse ru-
nors and emphatic press comment
rom such important papers as the
■yitnday Times, Daily Mail and Finan-
cial Times, calling for a statement
rom the directors.
The last-named publication speaks
jf rumors that all is not well with
he organization, asserting in a lead-
ng article that the slump is inexpli-
:able if the company's prospect is as
t was outlined at the recent Gau-
nont British general meeting and that
lirectors "must make a statement at
Jie earliest possible moment which
A'ill render clear the essential facts
)f the situation."
Rumor of Statement After Xmas
It is rumored that there will be
i statement after Christmas. There
ire also rumors of a capital consoli-
lation scheme.
The ordinary shares rallied today
o nine shillings and six pence (about
2.30), the gain being ascribed to a
■ear closing.
It is believed that only £165,000
;about $825,000) of the recent £500,-
!K)0 (about $2,500,000) debenture issue
las been placed, but whether this is
due to the antagonism of the City or
:o the fact that the sum obtained is
•.onsidered sufficient for the cash
leeds of the company is not known.
Supporting hints given by Maurice
3strer at the Gaumont British annual
neeting. It is stated in the report of
he General Theatres Corp. that a
)lan of capital reduction is being pre-
>ared.
The figures of the report show a net
profit for the year of £193,934 or
£53,776 less than the previous year.
iThis sum is insufficient, by £23,826,
jo pay the amount called for to meet
lebenture stock interest and sinking
, und.
The preference dividend has again
)een passed and there is nothing on
he ordinary shares.
Looking 'Em Over
"Bella Donna"
( TzsAckenham-Gaumont British )
London, Dec. 6. — This adaptation of the James Bernard Fagan play,
from the equally well-known novel by Robert Hichens, is a product of the
independent Twickenham studio, which has a good reputation in Eng-
land for box-office material. Over and above the fact that it uses estab-
lished plot material, "Bella Donna" has a very strong cast including
Conrad Veidt, Mary Ellis, Cedric Hardwicke and John Stuart. These
names and the title value are distinct assets.
The story is that of an adventuress, Mona Chepstow ("Bella Donna")
who tricks into marriage Nigel Armine, a young engineer, and goes
with him to Egypt. There she is fascinated by, and surrenders herself
to, a wealthy Egyptian, Mahmoud Baroudi, and at his instigation begins
to administer slow poison to her husband. Dr. Isaacson, a friend of
Armine's, comes from England, saves him, and reveals Bella Donna's
guilt. She goes to Baroudi, but he turns her away.
There is a flavor of the theatre about the central idea ; the degenerate
white woman's infatuation for a slightly more polished "sheik," which
is proof against the discovery that she is only one of many houris. So
far as one can, nowadays, take this plot seriously there is definite interest
in the clash of wills between the infatuated woman and the cool medico.
The acting of Mary Ellis and Hardwicke in these roles is admirable.
John Stuart is the husband, and adequate in the part, but Veidt is worthy
of better material than the somewhat highly colored Eastern debauchee,
Baroudi.
It is a picture that will appeal most to women patrons. They may not
like the belly dances which Baroudi is fond of contemplating in his mo-
ments of ease, but the exotic lover is still an audience asset and the finale,
with Bella Donna shut out of her own home and rejected by her lover,
is theatrically effective.
Running time, 85 minutes. Classification, "A." (British Censor's Cer-
tificate, "A.") ALLAN
"Babbitt," now playing at the Palace, was reviewed by wire from Holly-
zvood on Nov. 8.
Short Subjects
Fox Gets Tito Guizar
_ Tito Guizar, radio tenor, has been
signed by Fox. He will start his
irst picture, "Adios, Argentina," early
in the spring. Lou Brock, Fox pro-
ducer, handled the deal.
Fox also has signed Oscar Bradley,
musical director. He will leave for
the coast early next month.
"Going Places with
Lowell Thomas, No. 5"
( Universal)
A diverting short that takes the
audience to Algiers and Nassau. The
West Indies scenes have been cap-
tured by the camera in beautiful
fashion. The rest of the short pictures
a burglar-proof showcase for jewels
and strange ships that serve as other
than sea-going craft. No code seal.
Running time, 9 1/4 mins. "G."
"Stranger Than Fiction,
No. 5"
( Universal)
There is plenty of entertainment in
this short. Among the amazing items
and personalities are a slingshot ex-
pert, an American diamond mine, a
fire company that answers the call on
skiis, a machine that dissipates fog, a
tame humming bird, an armless ball
player and a fellow who makes a
specialty of catering to dogs. No code
number. Running time, 9 mins. "G."
"In the Dog House"
(Columbia)
Here is a two-reeler, with Andy
Clyde, Vivian Oakland and Delmar
Watson, that should prove satisfac-
tory fare any place. It has a story
through which is woven comedy on
the part of Clyde and Miss Oakland
and pathos on the part of Watson^an
orphan continually threatened with re-
turn to the orphanage. The perfor-
mances of all three characters are
natural. Code seal, No. 404. Running
time, 20 mins. "G."
"The House Where I
Was Born"
(Educational)
A light, fairly entertaining short
that serves as a medium for several
pleasant songs by Sylvia Froos and
Frank Luther. The two, sweethearts,
live in a theatrical boarding house and
are trying to sell some songs they
have written, but with little success.
They are both homesick for Indiana,
from whence they came to New York,
and the final scenes show them on
their way back home. The vocal
numbers are especially good. Produc-
tion code seal, No. 0180. Running
"The Hollywood Movie
Parade"
(Educational)
This one takes the audience behind
the scenes of what is obviously the
Fox lot. Jackie Cooper, George
O'Brien, Irene Hervey, Director Eddie
Cline and Guy Kibbee are all shown
in informal shots. Production code
seal, No. 243. Running time, 7
mins. "G."
Kansas City's
Price Battle
Outlook Hazy
(Continued from page 1)
pictures at the Mainstreet. The Mid-
land lowered its balcony prices after
the Mainstreet cut to a top of 40
cents.
While he declared Loew's dropped
the Midland's scale to "punish" RKO
for scrapping the agreement sub-
scribed to by the circuits and estab-
lishing prices at the five first runs,
he added that Loew's was meeting a
demand for low-priced entertainment
when it cut the Midland's balcony to
15 cents matinees and 25 cents nights.
The Midland is maintaining its 40-
cent price for lower floor seats at
night.
Despite present indications that the
price war will be extended, it is con-
sidered not unlikely that Loew's and
RKO will agree on upward revisions
some time after the first of the year.
Protests by Fox Midwest and Para-
mount, as well as independent exhibi-
tors, may have a bearing. In the
meantime, reports that Loew's and
RKO will restore former scales by
Jan. 1 are denied by the local mana-
gers.
Mainstreet Resumes Shows Soon
What makes those reports, widely
circulated by independent exhibitors,
seem improbable is that the Main-
street resumes stage shows New
Year's eve and no price hike has been
scheduled.
The problem is made difficult to
straighten out because the three first
runs involved in the price war each
insists that the opposition make the
first move to raise admissions. They
blame one another for the necessity
of cutting. While Loew's claims RKO
started the fight, RKO answers it
dropped the Mainstreet's balcony
scale for straight pictures to the Mid-
land's level only because the latter
took the initiative.
The Tower, independent first run, in
turn explains its 10-cent cut by the
slashes at the other two. The agree-
ment was the Tower would keep a
35-cent top if the circuits would
charge 40 cents top for pictures only
and 50 cents for combination bills.
Barney Joffee, Tower manager, says
he will raise if the others restore for-
mer scales, but makes no secret of the
fact the present 25-cent scale price
for all seats at the Tower is better
for business than 35 cents.
Publix and Fox Midwest are hope-
ful the situation will soon adjust it-
self, and for this reason are maintain-
ing regular prices despite the advan-
tage this gives to the cut-rate the-
atres.
"Rugby"
(M-G-M)
Hollywood, Dec. 18. — Pete Smith
takes you through the history of
rugby, comparing the game to present
day football, with interesting results.
Ray McCarey directed. Harry Rapf
produced. Production Code Seal No.
175. Running time, 9 mins. "G."
Hall in Radio Series
Mordaunt Hall, until recently film
reviewer for the New York Times,
has been engaged for a series of NBC
broadcasts, with WEAF the local
outlet. He will speak every Monday
at 1:30 P. M. on "Screen Players
and Plays."
Harry Goetz Delayed
Storms delayed arrival of the Paris
and Harry .Goetz from Europe. The
boat is scheduled to dock tonight.
The Leading
Se^^5^\
Motiof
Picture
Industry
MOTION PICTURE
DAILY
Alert,
Intelligent
the In
in All
Branches
VOL. 36. NO. 145
NEW YORK, THURSDAY. DECEMBER 20, 1934
TEN CENTS
New Fox Met
Plan Selects
Board of Five
Kent on List; Goes to
Court in Few Days
An initial board of directors of five
members for Fox Metropolitan Play-
houses is proposed in the plan of
reorganization for the company just
completed by the bondholders' com-
mittee and scheduled to be presented
to Federal Judge Julian W. Mack
within the next few days.
Members of the initial board are
Sidney Kent, president of Fox Film ;
Frederick M. Peyser of Hallgarten
& Co.; Harry O. King, managing
director of the copper industry code
authority; Richard C. Hunt, attorney,
of Hunt, Jaeckel & Brown, and Ivor
B. Clark, head of the real estate firm
of that name, and a trustee of the
Union Dime Savings Bank. Pro-
vision is made in the plan for the
{Continued </n page 2)
B. & K. Franchise Is
Held Blocking Loew
Chicago, Dec. 19. — The improbabil-
ity of an invasion of the neighborhood
held here by Loew's is emphasized
by the fact that B. & K. has the
M-G-M first run franchise here for
several years to come, it is held by
those familiar with the local situa-
tion. This leaves only last run prod-
uct for any Loew houses.
B. & K. officials scoff at the idea
of a Loew invasion here.
/. L. & S. in Court
On Paramount Case
Jones, Linick & Schaefer, operators
; of the McVickers. Chicago, initiated
j anti-trust litigation against Paramount
yesterday with the filing of an order
! in U. S. District court here to show-
cause why Paramount and the trus-
tees of the company should not be
joined as defendants in a contemplated
action for alleged violations of the
(Continued on page 2)
Attendance Holding
Gains, Taxes Prove
Washington, Dec. 19. — Theatrical
attendance is continuing well ahead of
last year, the Internal Revenue Bureau
indicated today in its monthly report.
November collections on admissions
were $1,443,214. against $1,230,691 in
the same month last vear.
Ship Him by National Film Carriers, Inc.,
and be certain of on tim* delivery. — Adv.
Protest End of Lease
Clause; May Retain It
British Move
To Tip Quota
Picture Cost
By BRUCE ALLAN
London, Dec. 19. — A revision of
the British quota act to meet the
problem of "pound-a-foot quickies"
either through addition of a minimum
cost clause or the establishment, by
law, of a quality standard now ap-
pears certain.
G. R. Hall Caine, M.P., and chair-
man of the Board of Trade advisory
committee under the act, in a speech
before the City Conservative Ass'n.
last night, said his group had exam-
ined the act and thought certain pro-
visions of the lawr now were out of
date. He also revealed his report
had been completed for Walter Run-
ciman, president of the Board of
Trade, who is expected to introduce
amendments in the House of Com-
(Continued on page 2)
May Extend Act
London, Dec. 19.— The Brit-
ish quota law, into which
will be injected more and
sharper teeth, jumps to 20
per cent next year.
The present act, which is
to remain in effect 10 years,
terminates in 1938 but its ex-
tension now seems likely.
Golden Says 7,000
Houses Have Duals
More than 7,000 theatres are double
billing throughout the country, Ed-
ward A. Golden, general sales man-
ager of Monogram, stated yesterday.
The figure, compared with the 12,000
houses now operating, is conservative,
he said.
In key centers like New York, Los
Angeles, St. Louis. New Haven, De-
troit, Boston, Kansas City, and Mil-
waukee practically all of the houses
are twin billing, Golden holds.
Smith Wants End of Duals;
Petti jo hn for Tight Lips
By CHARLES C. PETTIJOHN
General Counsel, M.P.P.D.A.
This year instead of "hazarding a
guess" or "taking a peep" or "looking
around the cor-
ner," may I
make a wish in-
stead of a
prophecy.
My wish is
that ' 1935 may
be recalled in
the history of
the business, as
the year of
"f ewer and
shorter inter-
views." If we
could all get on
or off trains and
boats and go
through Kansas City without being in-
terviewed, what a wonderful business
this would be! It would be only a
question of time until "our public"
could understand us.
By A. W. SMITH, JR.
Eastern Sales Manager, Warners
It is my belief that more pictures of
box-office merit will be placed in dis-
tribution during
1935 than ever
before. This is
due to the fact
that production
has become
more cognizant
of bo x-office
values because
of its closer
contact with
distribution and
exhibition.
Most of the
dirty linen in
the laundry has
been washed
clean. Progress is sure to follow.
It is my prediction that during 1935
the industry as a unit will eliminate
the showing of two feature pictures on
the same bill at one admission price.
Farnsworth, Samuelson,
Kuykendall Declare
It Is Helpful
By CLARENCE LINZ
Washington, Dec. 19. — Determined
opposition to the elimination of code
provisions prohibiting interference with
leases was offered today before Deputy
Administrator William P. Farnsworth
during argument on amendments pro-
posed by Campi with indications that
the provisions will be retained, prob-
ably with an amendment providing
that, after an administrative finding,
relief is to be sought through court
action.
The fight against deletion of the
clause was led by Norman Samuelson
of New York, attorney for William
C. Smalley, whose complaint against
the Schine circuit over the Hamilton
(N. Y.) theatre wil be heard tomor-
row by the NRA Compliance Board.
Samuelson's position was supported
(Continued on page 4)
Conspiracy Charge
Is Dismissed Here
After listening to conspiracy charges
by Frank Samerelli of the Royal,
Port Jervis, N. Y., against Fox,
M-G-M, RKO, U. A., Warners and
Paramount for two days, the New
York grievance board, by a vote of
three to one, yesterday dismissed the
complaint.
Louis Geller, independent exhibitor,
was the only dissenting voter. George
Thompson, impartial representative,
(Continued on page 4)
Strand Fire Shifts
Warners' Bookings
Enforced closing of the Strand be-
cause of fire damage finds the War-
ners shifting bookings in order to
maintain their representation on
Broadway. First deal is for "Sweet
Adeline" w-hich goes into the Para-
mount Jan. 4.
The company will not reopen the
now darkened Warner, although the
plan is understood to have been under
consideration. Repairs at the Strand
probably wall take about three weeks.
Court Sets Date on
Tri-Ergonfs Action
Federal Judge Marcus B. Campbell
yesterday gave American Tri-Ergon
until 20 days after the Supreme
(Continued on page 2)
MOTION PICTURE
DAILY
Thursday, December 20, 1934
MOTION PICTURE
DAILY
(Registered U. S. Patent Office)
Vol. 36
December 20, 1934
No. 145
Martin Quigley
Editor-in-Chief and Publisher
MAURICE KANN
Editor
JAMES A. CRON
Advertising Manager
Published daily except Sunday and holi-
days by Motion Picture Daily, Inc., sub-
sidiary of Quigley Publications, Inc.,
Martin Quigley, President; Colvin Brown,
Vice-President and Treasurer.
Publication Office: 1790 Broadway, New
York. Telephone Circle 7-3100. Cable ad-
dress "Quigpubco, New York." All con-
tents copyrighted 1934 by Motion Picture
Daily, Inc. Address all correspondence to
the New York Office. Other Quigley pub-
lications: MOTION PICTURE HERALD,
BETTER THEATRES, THE MOTION
PICTURE ALMANAC and THE CHI-
CAGOAN.
Hollywood Bureau: Postal Union Life
Building, Vine and Yucca Streets, Victor
M. Shapiro, Manager; Chicago Bureau: 407
South Dearborn Street, Edwin S. Clif-
ford, Manager; London Bureau: Remo
House, 310 Regent St., London, W. 1,
Bruce Allan, Representative. Cable address:
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Paris Bureau: 19, Rue de la Cour-des-
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Bureau: Viale Gorizia, Vittorio Malpassuti,
Representative; Sydney Bureau: 102 Sus-
sex Street, Cliff Holt, Representative; Mex-
ico City Bureau: Apartado 269, James
Lockhart, Representative; Glasgow Bureau:
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sentative; Budapest Bureau: 3, Kaplar-u,
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tive; Moscow Bureau: Civtzev Vrazhek,
N. 25, Apart. 146, Moscow, U. S. S. R.,
Bella Kashin, Representative. Cable ad-
dress: "Samrod, Moscow."
Entered as second class matter, January
4, 1926, at the Post Office at New York
City, N. Y., under Act of March 3, 1879.
Subscription rates per year: $6 in the
Americas, except Canada $15 and foreign
$12. Single copies: 10 cents.
Columbia Tops List
Of B. O. "Champions
Columbia heads the list of "Box-
Office Champions" for November
compiled by Motion Picture Herald,
out today, with two entries, "One
Night of Love" and "Lady by Choice."
The other champions are M-G-M's
"The Merry Widow," Radio's "The
Gay Divorcee," Fox's "The White
Parade," United Artists' "Kid Mil-
lions" and Paramount's "Mrs. Wiggs
of the Cabbage Patch."
Film Parties Planned
Warners' New York exchange force
will hold a Christmas party tomorrow
afternoon. M-G-M's Pep Club holds
its annual dinner and dance at the
New Yorker Saturday.
Pick "Man of Aran*'
"Man of Aran," Gaumont British
feature produced by Robert J. Fla-
herty, has been picked as the best
picture of the year by the National
Board of Review.
2 WEEKS ON BROADWAY
WAR
If A |
racket;
FOR BOOKINGS AND RIGHTS
EUREKA PRODUCTIONS
723-7TH AVENUE, NEW YORK CITY
New Fox Met Plan
Selects Board of 5
(Continued from page 1)
addition of other members in the fu-
ture when deemed advisable.
The completed plan differs in few
respects from the original plan of re-
organization for Fox Met developed
by the committee last spring and first
published in Motion Pictuee Daily
May 22. The most important changes
are those which have been made in
the directorate and in the operating
agreements with Skouras and Rand-
force, whose contracts are now can-
cellable after May 1, 1936, as re-
ported in Motion Picture Daily of
Nov. 28.
The original board named only
Kent, Hunt and Herbert P. Howell,
president of the Commercial National
Bank & Trust Co., who also were
to comprise a voting trust for the
common stock for a period of three
years. In the completed plan, Howell
is not on the board, while Peyser,
King and Clark have been added. The
voting trust has been abandoned.
Terms of Revised Agreements
The revised Skouras and Randforce
operating agreements provide for
operation of 44 New York, Long
Island and New Jersey houses by
Skouras and 36 Brooklyn houses by
Randforce. Skouras Bros, will re-
ceive $75,000 per year and Samuel
Rinzler and Louis Frisch, $44,200,
total. If a satisfactory offer for the
circuit, approved by two-thirds in
amount of the bondholders, is received
prior to May 1, 1936, and a sale
consummated which vests operation
of the circuit in new hands, then
Skouras and Randforce are to receive
75 per cent of all net profits from
Nov. 1, 1934, to May 1, 1936; 50
per cent of all undistributed net prof-
its up to Nov. 1, 1934, and 25 per
cent of all undistributed net profits
from that date to May 1, 1936.
If Fox Met is not sold by May
1, 1936, Skouras Bros, thereafter will
receive total salaries of $52,000 per
year, and Frisch and Rinzler total
salaries of $39,780 per year. The
Fox Film franchise held by Skouras
and Randforce is to be assigned by
them to the new Fox Met company
after May 1, 1936, if a sale has not
taken place. Thereafter, if a change
of theatre management occurs which
is not satisfactorv to Fox Film, the
franchise is cancellable by that com-
pany. Fox Film will receive 10 per
cent (27,000 shares) of the common
stock of the new Fox Met company
as a consideration for agreeing to the
transfer of the film franchise to the
new company of Skouras and Rand-
force.
The issuance of this stock is also
made a consideration in the settle-
ment of Fox Film's claim of $288,691
against Fox Met. The settlement also
provides for the payment of $25,000
in cash to Fox Film.
The new Fox Met company will
own 50 per cent of the outstanding
stock of the two operating companies
to be organized by Skouras and Rand-
force and the latter will own the
remaining 50 per cent which will be
subject to options held by the new
company in the event of a sale of
the circuit. The operators will also
subscribe at par for $650,000 of de-
bentures of the new company if no
sale has occurred by May 1, 1936,
and will pay for these within five
years after that date out of dividend
income from their stock interest.
/. L. & S. in Court
On Paramount Case
(Continued from page 1)
Sherman Act. A hearing was set for
Dec. 26.
The action was brought by Mc-
Vickers Theatre, Inc., and if granted
would make Paramount and Charles
D. Hilles, Eugene W. Leake and
Charles E. Richardson, trustees, de-
fendants in the anti-trust suit to be
brought in Federal court at Chicago
against Balaban & Katz and major
distribution companies. The action,
according to Aaron Jones, Sr., head
of Jones, Linick & Schaefer, will al-
lege restraint of trade and inability
to procure product for the McVickers.
New Group Set to Start
Milwaukee, Dec. 19. — Articles of
incorporation of the Independent
Theatre Protective Ass'n. of Wiscon-
sin and Upper Michigan were ap-
proved today. The initial meeting
will be here Jan. 3-4, when officers
will be named.
Majestic Closes Deal
Majestic has just closed a deal with
Celebrity Prod, for distribution of the
second series of ComiColor cartoons
in greater New York and New Jersey.
Many on Big Board Drop
High Low Close
Columbia Pictures, vtc 38% 38% 38%
Consolidated Film Industries 5% 4% 5
Consolidated Film Industries, pfd 19% 18% 19%
Eastman Kodak Ill 109% 110%
Eastman Kodak, pfd 140 140 140
Fox Film "A" 13% \ty% 13'A
Loew's, Inc 35% 35% 35%
Paramount Publix, cts 3% 3% 3%
Pathe Exchange 1 1 1
Pathe Exchange "A" 14% 14% 14%
RKO 2% 2% 2%
Warner Bros 4% 4% 4%
Warner Bros., pfd 21% 21 21%
Net
Change
- %
+ %
+ %
+1
-2%
- %
- %
- %
- %
+ Vs
- %
- %
- %
Sales
100
6,600
7,800
1,800
7,000
300
9,900
4,700
300
500
7,800
2,900
5,000
Technicolor Declines % on Curb
Technicolor
General Theatre Equipment 6s '40 9%
General Theatre Equipment 6s '40, ctf
Keith B. F. 6s '46
Loew's 6s '41, ww deb rights
Paramount Broadway 5%s '51
Paramount F. L. 6s '47
Paramount Publix 554s '50
Pathe 7s '37, ww
Warner Bros. 6s
Net
High
Low
Close
Change
Sales
• 12%
12%
12%
- %
200
? 1% Points
Net
High
Low
Close
Change
Sales
. 9%
8%
8%
- %
32
. 8%
8
8
10
. 6754
67
67%
+ %
5
105
104%
104%
— %
8
. 4454
44%
44%
+1
1
. 63%
63%
63%
—1
2
. 64%
63
63
—2%
8
100
100
100
+1%
18
41%
40%
40%
- %
4
60
59%
59%
- %
15
British Move to Tip
Quota Picture Cost
(Continued from page \)
mons early in the new year. Opposi-
tion to the proposals is held unlikely.
Caine's further allusions to loop-
holes and what he described as the
damaging effect in the Dominions of
films costing approximately a pound-
a-foot make it obvious that the in-
tention is to force Americans to make
or buy British films fit for exhibi-
tion in line with the policy consist-
ently urged by the Federation of Brit-
ish Industries film group and recent
representations of the Cinematograph
Exhibitors' Ass'n.
U. A. Sales Meet Is
Set Here Saturday
Three mid-season sales meetings
will be held by United Artists within
the next three weeks. The first takes
place Saturday at the home office
when branch managers from Phila-
delphia, Pittsburgh, Washington, Buf-
falo, New Haven, Boston and New
York meet with Al Lichtman and
other executive personnel. This ses-
sion may extend to Sunday.
On Dec. 29, the second meeting will
be held in Chicago and on Jan. 5,
western sales heads will gather in San
Francisco. Lichtman returned yester-
day from New Orleans and Harry
Gold and Charles Stern from Cincin-
nati.
Trans-Lux Meeting
Will Resume Friday
Fight for control of the Trans-Lux
Daylight Pictures Screen Corp. failed
to terminate yesterday. Tellers were
unable to count the proxies held by
the two conflicting factions and the
meeting was adjourned until Friday.
It was revealed at the meeting by
Percy N. Furber, president, however,
that the company earned a net profit
of $168,985 for the 10 months ended
Oct. 31, sufficient to warrant another
10 cents dividend, bringing total pay-
ments for this year to 20 cents. In
the full calendar year of 1933 the
company's net was $114,926.
Court Sets Date on
Tri-Ergon's Action
(Continued from page 1)
Court's decision on the pending re-
view in which to furnish Warners
and Vitaphone a bill of particulars in
connection with the complaint filed
against those companies alleging in-
fringement of the double print pat-
ents. The defendants will have 20
days threafter in which to file an
answer to Tri-Ergon's bill of particu-
lars, Judge Campbell directed.
The Supreme Court hearing on a
review of Tri-Ergon's litigation
against Paramount is expected to be
held the week of Jan. 14 with a
decision probably being handed down
a month later.
Stanley Co. Loss Rises
Stanley Co. of America reports a
net loss, after depreciation, amortiza-
tion and other charges, of $2,590,296
for the vear ending Aug. 25. Last vear
the loss was $2,439,104.
Hays to Talk with Breen
Will Hays and Maurice McKenzie,
his assistant, left for the coast yester-
day to confer with Joseph I. Breen on
rumors he might quit the Production
Code Administration.
MOTION PICTURE
DAILY
End of Code Lease
Clause Is Protested
(Continued from pane 1)
by Ed Kuykendall, Campi member,
while John C. Flinn, executive secre-
tary, and Tyree S. Dillard, counsel,
made no strong fight in support of
their proposal which, they explained,
was the result largely of a feeling that
the section was useless because of the
inability to enforce it. The only other
matter to receive opposition was an
NRA proposal to require exhibitors
to give assurances that code provisions
were being complied with in the case
of persons employed in contract pre-
sentations, Sidney S. Bronberg and
Marvin Schenck of Loew's and Sidney
Justin of Paramount expressing ap-
proval of the idea, but fearing that as
written the provision might leave the
exhibitor open to prosecution for code
violations for which contract produc-
ers were responsible.
A number of amendments relating
to working conditions and wages for
talent were proposed by Campi. Ob-
jections to phraseology were made by
Ralph Whitehead, executive secretary
of the American Federation of Actors,
particularly with respect to the pay
provisions which, as written, he said,
would not prevent employes being paid
off in "ham sandwiches," or the con-
tinued employment of so-called "ama-
teurs." Upon being assured by both
Flinn and Farnsworth that they were
seeking to guard against the evasions
which he feared and would seek to
word the provisions to make them air-
tight, Whitehead explained he had no
objection to the amendments.
Sees Amateur Clauses Violated
Charging that the amateur provi-
sions were being violated by the major
circuits, Whitehead replied to a state-
ment by Flinn that Code Authority
had received no complaints since dis-
tribution of an interpretation issued by
NRA, declaring that "complaint boards
throughout the country are refusing
to give us redress despite the fact your
board has given us very emphatic in-
terpretations, which are being ig-
nored."
Urging retention of the interference
clause, Samuelson declared it "one of
the few accorded to independents" for
the protection of their leases. It was
explained by Dillard that elimination
had been recommended on a six to
four Campi vote, because the provision
is "relatively unimportant," is tre-
mendously difficult of administration,
conflicts with state laws and frequent-
ly operates to the prejudice of persons
whom it was never sought to harm.
Admitting that the provision, as
now written, might not be enforceable,
Samuelson contended that it had
proved a deterrent to lease tampering
and asked how many cases might have
occurred had it not been in the code.
The clause is not effective and places
Campi in an embarrassing position be-
cause of its inability to enforce, Kuy-
kendall declared, "but it has been pro-
ductive of considerable good even
though we were unable to enforce it."
Explaining that a number of "shoe
string" promoters are taking advan-
tage of improving conditions to seek
theatres, he asserted that "if we have
nothing in this code to restrict opera-
tions of this kind it will have a ten-
dency to open the gates. While we
have been unable to enforce this, there
is no question that it has been a re-
strictive influence."
At the request of Farnsworth, Sam-
uelson promised to submit a revision
Colonel and Author
Mailbag contribution from
Philip Seletsky of Brighton,
Mass.:
"Philip Seletsky, well known lo-
cal theatrical man, for many years
associated with the Nathan H.
Gordon Olympia Theatres, with the
Paramount - Publix, organization,
and now executive film buyer for
the M & P Publix Theatres, is re-
ceiving congratulations from his
hosts of friends on being appointed
an aide-de-camp on the staff of
Governor Ruby Laffoon of Ken-
tucky, with the rank and grade of
colonel.
"Colonel Seletsky in joining the
ranks of the many illustrious Ken-
tucky colonels has as fellow offi-
cers such well known personalities
as Al Smith, Rudy Vallee, Mae
West and Colonel Lindbergh."
FLASH: A-Mike Vogel, chair-
man of the Managers' Round
Table department in Motion
Picture Herald, and Gertrude
Merriam, his assistant, are
now colonels — Kentucky
type. A Christmas gift from
Governor Ruby Laffoon.
of the provision whereby, after an ad-
ministrative finding of a violation,
further action would lie in the courts
at the initiative of the injured party.
Unable to attend because of a Fed-
eral Trade Commission hearing,
Abram F. Myers sent a letter to the
NRA protesting elimination of the
provision.
Conspiracy Charge
Is Dismissed Here
(.Continued from pane 1)
amended the decision, asking that it
be certified to Campi. At yesterday's
meeting, Joe Lee of Fox, Moe Streim-
er of U. A., Myron Sattler of Para-
mount and Roy L. Haines of Warners
were put on the stand. Each had
different reasons for refusing to sell
the Royal.
The premature advertising complaint
of Warners' Goodwin, Newark,
against the Rialto, same city, was
dismissed, due to lack of evidence.
FWCl)Ieeting Today
Los Angeles, Dec. 19. — Charles
Skouras, back today, presides tomor-
row at a meeting of Fox West Coast
district managers at the Ambassador
at which he will outline the policy
under the National Theatres setup.
Meantime attorneys for both objectors
and trustees filed briefs in District
Court. Judge George Cosgrove is ex-
pected to hand down a decision within
a few days.
F. W. Lange on Way Here
Fred W. Lange, general manager
in Continental Europe for Paramount,
is scheduled to arrive tomorrow on
the Empress of Britain on his annual
trip. While here he will confer with
John W. Hicks, Jr.
Lange is expected to be delayed a
day because of storms. His head-
quarters are in Paris.
RKO Sells Two Circuits
Cresson E. Smith, western sales
manager of RKO Distributing Corp.,
has signed the Schoenstadt and Essan-
ess circuits of Chicago for his com-
pany's 1934-35 features and shorts.
RCA Revision Up Friday
The RCA directorate meets tomor-
row to consider a change in the cor-
poration's capital structure.
Okla. Sale About
Ends "V" Circuit
Sale of the 50 per cent interest in
the Griffith Amusement Co. operating
a circuit in Oklahoma and adjoining
states, to Western States Theatres,
Inc., virtually disposes of the last of
the assets of Universal Chain The-
atres Corp., bankrupt company. Rob-
ert Randolph of Baltimore is receiver.
The deal was concluded by Foster
McSwain, of Ada, Okla. McSwain
is president, A. R. Powell of Guthrie,
Okla., vice-president, and W. T.
Spears, Altus, Okla., secretary and
treasurer. These three, with Harry
Lowenstein, form the board. All of
the stockholders are affiliated with
the Griffiths.
In the Sick Bay
Dave Levy, New Jersey branch
manager for M-G-M, is home ill with
a bad attack of the flu and has can-
celled his vacation trip to Florida.
He intended to leave for the south
tomorrow.
Ed Finney's mother also is laid up
with a bad case of the grippe.
Edward Schnitzer has just gotten
over a cold.
May Build Near School
Trans-Lux yesterday was granted
permission by Supreme Court Justice
Henry G. Wenzel to build a theatre
near Erasmus High School in Brook-
lyn. A permit had been revoked by
License Commissioner Moss after pro-
tests by neighbors.
Fait Here for Product
William Fait, former Mexico
branch manager for Warners, is in
New York negotiating for independen'
product for his own exchange in
Brazil. He sails Jan. 29 for Rio de
Janeiro.
ITOA Discusses Ball
Protection failed to come up yes-
terday at the meetine of the ITOA.
The major topic was the Movie Ball
to be held Jan. 12 at the Astor. Two
committees were appointed to handle
tickets and the program.
Dowling Gravely III
London. Dec. 19. — Ambrose J.
("Bo") Dowling, former foreign sales
manager of RKO, is seriously ill here.
Little hope is held for his recovery.
Thursday, December 20, 193
First Division Men
To Discuss New Ree
Salesmen and branch managers v.i
be given talks on handling of the ne-
March of Time newsreel at a two-ca
session scheduled by First Division ;
the Park Central Saturday an
Sunday.
After the Saturday session a Chris
mas party will be given at the e>
change. On Sunday afternoon one <
the new reels will be screened.
Ray Larsen, vice-president of Tin
magazine, will talk to the gatherir
Sunday, as will Fred McConnell ar
Pat Garyn.
Those who will attend will bt
Branch managers — J. L. Rose, Al
bany ; Meyer Gruber, Boston ; Sa
Rosen, Philadelphia ; Harry Brow
Washington ; Elmer Lux, Buffak
W illiam LaSance, Cincinnati; Maurii
Lebensburger, Cleveland : M i 1 1 o
Cohen, Detroit; Joseph Skirbo
Pittsburgh ; William Richardson, A
lanta ; and the following salesmet
Mike Levinson, John Schaeffer, Pet
Rosian and Morris Oletsky.
Morris Epstein and his New Yoi
sales staff also will attend.
"Music" Gets $52,000
Pre-holiday effects on theatre bui
ness again took its toll last week whi
the Music Hall with "Music in i.
Air" tallied a gross of $52,000
seven days. The picture got fair
good reviews but the public was n
in a theatre-going frame of min
"Limehouse Blues" at the Rialto ga
nered $14,000.
Offices Close Monday
From advance reports most of tl
home offices and exchanges will clo
Monday because of Christinas. Cc
umbia and Paramount have alreac
notified their employes that Christm
Eve will be a holiday for them ai
Radio will close early, maybe for tl
full day.
Kent, Marks Injured
East Liverpool, O., Dec. 19. — W;
lis Kent, independent producer, at
Harry Marks of Paramount were i
jured here today in a collision betwe'
Kent's car and a truck. They le
New York yesterday on their wt
to the coast.
Exceptionally Fine Fo
Holiday Bookings
£\ RTOO MS
Real Headline Attractions
"JACK AND THE BEANSTALK"
"ALADDIN AND WONDERFUL LAMP"
"THE QUEEN OF HEARTS"
"THE HEADLESS HORSEMAN"
"DON QUIXOTE"
CELEBRITY PRODUCTIONS, Inc., 723 7th Ave., New York Oi
"THE BRAVE TIN SOLDIER"
"THE LITTLE RED HEN"
"PUSS IN BOOTS"
"VALIANT TAILOR"
"JACK FROST'
The Leading
Motion^
Picture
Industry
MOTION PICTURE
DAILY
Alert,
Intelligent
the In
in All
Branches
. OL. 36. NO. 146
NEW YORK, FRIDAY, DECEMBER 21, 1934
TEN CENTS
Fox Theatres
Claim Out of
New Met Plan
Vo Provision Made for
Common Stock Issue
Complete disavowal of any obliga-
ion to Fox Theatres Corp. is made
i the plan of reorganization for Fox
■letropolitan Playhouses, just com-
leted by the bondholders' committee
i the latter company.
Asserting that Fox Met is insolvent,
he plan states that the common stock
f the company, therefore, has no
Blue and will be canceled without
:;>mpensation to the holders. Fox The-
tres Corp. is the owner of all of the
tock of Fox Met and had filed a
laim against the debtor for $4,536,742.
"his claim was provided for in the
xiginal Fox Met plan prepared last
pring and was to be settled bv pav-
nent of $100,000 to Fox Theatres, to-
ether with provisions for adjustments
in theatre leases in which Fox The-
tres has an interest. The completed
(Continued on pane 10)
Sew RKO Sales Unit
For the Continent
London, Dec. 20. — Radio Pictures
nternational, Ltd., was formed here
rior to the departure for New York
f Phil Reisman, foreign sales man-
ger for RKO, to handle sales on the
ontinent and in the Near East.
E. D. Leishman, who heads the
•oard of management of Radio Pic-
ures, Ltd., here, is managing direc-
or of the new company. Ned E.
(Continued on fage 7)
Production to Halt
For Two Week-Ends
Hollywood, Dec. 20. — Production
vill be practically at a standstill over
he Christmas and New Year's week-
ends. It is predicted that studio ac-
ivity will be on less than a 10 per
:ent basis Sunday, Monday and Tues-
day and about the same for the followi-
ng week-end.
1928-1932
The dollar parade in exhib-
ition and production, as re-
vealed by tax returns filed
with the Internal Revenue
Bureau from 1928 to 1932 in-
clusive, is displayed on page
10 today.
For 'Better Understanding9
League; Better Days Seen
By B. B. KAHANE
President, RKO Studios
Hollywood, Dec. 20. — It is my
opinion that in the coming year pic-
tures will be
better. Pictures
have been show-
ing a steady im-
provement i n
quality year by
year since pro-
duction started
and there is no
reason to be-
lieve that this
forward prog-
ress and im-
provement will
be halted. More-
over, the experi-
ence of the past
year has taught us that it is the out-
standing product that does exceptional
business and accordingly producers
{.Continued on page 13)
By A. MONTAGUE
General Sales Manager, Columbia
We will need no Legion of Decency
if the industry continues to further
develop a
Legion of Bet-
ter Understand-
ing among and
between its
component ele-
ments.
The progress
in this direction
is the most
promising fac-
tor in the out-
look for the new
year. Through
it we have
learned to make
better pictures
and the exhibitor has learned how bet-
ter to sell them to the public.
This development merely has started.
(Continued on page 13)
Treasury to Study
Overlapping Taxes
Washington, Dec. 20. — Treasury
experts immediately will undertake a
broad study of the tax situation, the
first move toward a policy which will
prevent duplication of taxation, or-
dered today by President Roosevelt.
The inquiry will cover the three fields
of Federal, state and municipal taxa-
tion, and will determine the extent to
which the taxing agencies of each
group encroach upon the others.
Tax experts have long held that
(Continued on page 7)
British May Bolster
Block Booking Rule
London, Dec. 20. — The block book-
ing clauses of the quota act may be
strengthened under the proposed re-
vision of the measure, it was learned
todav.
Huge Poster Drive
Is Set by Industry
Within the next six weeks the first
of a series of posters will go out to
every theatre in the land in the in-
dustry's greatest drive for the good
will of the American public, accord-
ing to the M. P. P. D. A. Plans out-
lined by the producer organization
call for the prominent display of the
posters in theatre lobbies.
There will be no charge to exhibi-
tors, the cost of the campaign being
borne by the member companies of the
(Continued on page 10)
Council Is Behind
Clean Films Drive
The New York Council of the
Legion of Decency, in the first meet-
ing since its organization yesterday
at the Empire State Club, declared
(Continued on page 7)
Some Talks, Some Ribbing,
Some Crowd at Ampa Lunch
Between charitable reminders on
behalf of the industry's less fortu-
nate ones and uncharitable "ribbing"
of some others, 1,500 persons, com-
prising the largest gathering ever to
attend an A.M.P.A. annual Christ-
mas party, were sufficiently diverted
at the Astor yesterday to refrain from
embarrassing the hostelry by asking
for second helpings.
Liberally mixing gags, introduc-
tions, entertainment and speakers, the
masters of ceremonies, William Fergu-
son, A.M.P.A. president, and John
W. Alicoate, editor of The Film Daily,
(Continued on page 13)
Kuykendall Is
For Zoning to
Preserve Code
Will Bring Order Out of
Chaos, He Insists
Asserting that the establishment of
clearance and zoning schedules is
needed "to preserve the code," Ed
Kuykendall, Code Authority member
and M.P.T.O.A. president, yesterday
renewed his demand for a "fair
and equitable method of clearance and
zoning" and for retention in the code
of the leasing clause with provisions
for its enforcement added.
Kuykendall's declaration for reten-
tion of the leasing clause was a reiter-
ation of his testimony given in Wash-
ington on Wednesday at the hearing
before Deputy Administrator William
P. Farnsworth on amendments pro-
posed by Campi, one of which would
eliminate the provisions prohibiting in-
terference with leases.
"A fair and equitable method of
clearance and zoning must be secured
for the theatre owners of this country
to bring some semblance of orderly
procedure out of the present chaotic
(Continued on page 10)
Smalley Lease Case
Is Heard in Capital
Washington, Dec. 20. — Details of
the controversy between William C.
Smalley of Hamilton, N. Y., and the
Meyer Schine circuit over the pos-
session of the Hamilton theatre were
laid before the National Compliance
Council today.
The case was brought to Washing-
(Continued on page 10)
Predicts a Buying
Strike for Oregon
Portland, Dec. 20. — Robert White,
president of Allied of Oregon, in a
signed statement, predicts independent
theatres in this state will stop buying
major product before the July period
because of increased percentage de-
mands and discrimination in selling
policies.
More Awards
Hollywood, Dec. 20.— The
Academy will extend its an-
nual awards this year to
embrace short subjects. Com-
posers and film editors also
will be accorded recognition,
form not yet determined.
MOTION PICTURE
DAILY
Friday, December 21, 1934
MOTION PICTURE
DAILY
(Registered U. S. Patent Office)
Vol. 36
December 21, 1934
No. 146
Insiders' Outlook
m
Martin Quigley
Editor-in-Chief and Publisher
MAURICE KANN
Editor
JAMES A. CRON
Advertising Manager
Published daily except Sunday and holi-
days by Motion Picture Daily, Inc., sub-
sidiary of Quigley Publications, Inc.,
Martin Quigley, President; Colvin Brown,
Vice-President and Treasurer.
Publication Office: 1790 Broadway, New
York. Telephone Circle 7-3100. Cable ad-
dress "Quigpubco, New York." All con-
tents copyrighted 1934 by Motion Picture
Daily, Inc. Address all correspondence to
the New York Office. Other Quigley pub-
lications: MOTION PICTURE HERALD,
BETTER THEATRES, THE MOTION
PICTURE ALMANAC and THE CHI-
CAGOAN.
Hollywood Bureau: Postal Union Lite
Building, Vine and Yucca Streets, Victor
M. Shapiro, Manager; Chicago Bureau: 407
South Dearborn Street, Edwin S. Clif-
ford, Manager; London Bureau: Remo
House, 310 Regent St., London, W. 1,
Bruce Allan, Representative. Cable address:
"Quigpubco, London"; Berlin Bureau:
Berlin - Tempelhof , Kaiserin - Augustastrasse
28, Joachim K. Rutenberg, Representative;
Paris Bureau: 19, Rue de la Cour-des-
Noues, Pierre Autre, Representative; Rome
Bureau: Viale Gorizia, Vittorio Malpassuti,
Representative; Sydney Bureau: 102 Sus-
sex Street, Cliff Holt, Representative; Mex-
ico City Bureau: Apartado 269, James
Lockhart, Representative; Glasgow Bureau:
86 Dundrennan Road, G. Holmes, Repre-
sentative; Budapest Bureau: 3, Kaplar-u,
Budapest, II, Endre Hevesi, Representa-
tive; Moscow Bureau: Civtzev Vrazhek,
N. 25, Apart. 146, Moscow, U. S. S. R.,
Bella Kashin, Representative. Cable ad-
dress: "Samrod, Moscow."
Entered as second class matter, January
4, 1926, at the Post Office at New York
City, N. Y., under Act of March 3, 1879.
Subscription rates per year: $6 in the
Americas, except Canada $15 and foreign
$12. Single copies: 10 cents.
Ritchey Closes Deal
Norton Ritchey, Jr., has closed a
deal with William Fait to handle
Monogram product in Brazil. Fait,
formerly with Warners as head of the
Mexico City branch, is opening his
own exchange in February. He sails
for Rio de Janeiro on Jan. 29.
Year's News in Reel
Twenty-three of the outstanding
news events of the year have been
pieced together by Hearst Metrotone
News as a special subject under the
title of "The News Parade of 1934."
It is being released today with narra-
tion by Edwin C. Hill.
Two Warner Films Set
"Murder in the Clouds" opens at
the Rialto Christmas Eve, and "I Sell
Anything" starts at the Mayfair on
the same night. Both are Warner
pictures. "It's a Gift," Paramount
film, goes into the Roxy on Jan. 4.
Back to Columbia
Hollywood, Dec. 20.- — Alfred San-
tell, who has been negotiating with
Harry Cohn at Columbia on a deal
to direct "Feather in Her Hat" by
I. A. R. Wyle, will probably do an-
other feature for the studio first.
"Dealers" Held Over
"Dealers in Death" will be held for
a second week at the Criterion.
... on what they want for Christmas
Harry M. and Albert L. War-
ner, Grad Sears, Andy Smith,
et al. — Another "Flirtation
Walk."
Manny Cohen — -Utter confusion
to Ben Schulberg and Walter
Wanger.
Harold B. Franklin — Better luck
next time.
Mae West — Sinsorless sinema.
L. B. Mayer— A book of Will
Rogers' speeches.
Every Writer — A new plot.
M-G-M — Another Hearst.
Winfield Sheehan — An alarm
clock.
Al Jolson — To direct Walter
Winchell.
Lee Tracy — Pistachio ice cream.
Jeff McCarthy— Less back ache.
Lynn Farnol — A lime orchard.
Nick Schenck — More like "Cop-
perfield."
T
M. H. Aylesworth — Another
Dave Sarnoff.
Dave Sarnoff — Another Al Reoch.
Pan Berman — Less Lou Brocks.
Lou Brock — Less Pan Bermans.
Una Merkel — A Swedish accent.
Marlene Dietrich — A two-pants
suit.
Columbia — Another Frank Capra.
S. A. Lynch — To come out of the
alley.
Lou Cohen — The answer to one
question: Why?
Carl Mtlliken — Still more wo-
men's clubs.
Julius Klein — The impossible in
film executives.
Marx Brothers — Zeppo.
Pete Smith — Colored shorts.
Max Baer — New powder puff.
Ben Bernie — Piccolo.
Louis Nizer — An emergency re-
pair kit for after-dinner speeches.
Edward Bowes — A new micro-
phone.
Ed Kuykendall — Seven-league
boots.
Will Hays — A President's son-
in-law, perhaps.
T
George Schaefer, Neil Agnew,
Joe Unger, Milt Kusell — That
those bankers become reasonable.
Paramount — Shirley Temple's
twin.
Andy Devtne — Herbert Marshall's
voice.
A. C. Blumenthal — Another Bill
Fox.
Charlie McCarthy — Jersey ap-
ples.
Ray Johnston — Franchise - hold-
ers' O. K. on his new production
plans.
Sam Goldwyn — Accentric diction-
ary.
Walter Wanger — Will Hays' ba-
ton.
Eddie Golden — Elusive Tomor-
rows.
Walter Eberhardt — An early re-
turn to Nassau.
Ben Schulberg — Continued busi-
ness freedom.
Clark Gable — Ear muffs.
John Gilbert — A new deal.
Ruth Chatterton — A good story.
Dave Palfreyman — An alarm
clock for office visitors.
Earl Wingart — Something to fill
the new bar.
Truman Talley — News to go
with the titles.
▼
Al Lichtman — More Zanuck, less
Goldwyn.
Arthur Mayer — One break on
product.
Pete Mayer, Maurice Rapf,
Buddy Schulberg — Another trip
to Moscow.
Ernst Lubitsch — Pittsburgh sto-
gies.
Joe Breen — A couple more like
"The Merry Widow."
Otto Kruger — Philo Vance.
Fox — Eternal babyhood for Shirley
Temple.
Jack Oakie — Joe Penner's duck.
Joe Penner's Duck — Jack Oakie.
All Studios — A pipe of peace.
Pete the Pup — A fire hydrant.
Joan Crawford — Statuette.
Screen Actors' Guild — Assorted
nuts.
Mervyn Le Roy — Stilts.
Henry Henigson — A new dog-
house.
Pathe "A" Off % on Big Board
High Low Close
Consolidated Film Industries 554 554 534
Consolidated Film Industries, pfd 1954 1954 1954
Eastman Kodak 11054 110 110J4
Fox Film "A" 1354 13 13
Loew's, Inc 3454 3354 3454
Loew's, Inc., pfd 10454 10444 10451
Paramount Publix, cts 354 354 354
Pathe Exchange 1 1 1
Pathe Exchange "A" 1354 1334 1334
RKO 254 254 254
Warner Bros 434 VA 454
Net
Change
+ 34
- yx
- %
- Vz
- %
+ Vs
Sales
4,400
4,500
1,300
600
5,200
100
3,100
100
300
5,700
3,200
General Theatre Equipment 6s
General Theatre Equipment 6s
Keith B. F. 6s '46 _
Loew's 6s '41, ww deb rights...
Paramount Broadway 554s '51..
Paramount F. L. 6s '47
Paramount Publix 554s '50
Warner Bros. 6s '39, wd
40.
on
Curb
Net
High
Low
Close
Change
Sales
1254
1234
1234
- Vt
400
2
2
2
900
Is Drop
2%
Net
High
Low
Close
Change
Sales
954
854
834
- 54
30
9
854
854
+ yx
10
68
68
68
+ 34
1
105
1045/6
105
+ 34
4
44
4354
4354
—1
6
63
63
63
— ?4
5
64
63
63
-234
11
5954
5854
59
- 54
20
Greta Garbo — Home tank.
George McL. Baynes and East-
ern Service Studio — Eastern
production.
David O. Selznick — A diploma
for propagandizing.
T
Jules Levy — Lowdown on
John Considine — Another "Se-
quoia."
Elissa Landi — Icebox cake.
Charles R. Rogers — Boxing
gloves.
Al Lewis — Perfect yarn.
Arthur Hornblow — Bass drum.
William LeBaron — Mae West as
quintuplets.
Carl Laemmle, Jr. — Less pills.
Carl Laemmle, Sr. — More like
Herb Yates.
Bayard Veiller — Cologne with
you.
Cecil de Mille — A shower bath.
Von Sternberg — New Inverness.
Norman McLeod — The Three
Marx Brothers.
Don Mersereau — Subscription to
Esquire.
Earle Hammons — Better bridge-
work.
Jack Cohn — That Billy Fergu-
son's description comes true.
Elliott McManus — Hair dye.
Charles Winninger — A new
brand of coffee.
T
Bob Cochrane — Faster train ser-
vice out of Hollywood for New
York.
Vince Barnett — Another chance
to rib Rosenblatt.
Ned Sparks — Lemon drops.
Arthur Caesar — Boxing gloves.
Rowland Brown — Design for di-
recting.
James Seymour — Honeymoon.
Leo Morrison — Man Mountain
Dean.
Sol Rosenblatt — Less code in the
head.
Al Santell — Toeplitz in the dark.
Jean Parker — Adrian gowns.
Karloff — Shin guards.
Roger Pryor — Another West.
Chester Morris — Sleeping pills.
John M. Stahl — A schedule.
Edward Laemmle — More slot ma-
chines.
Boris Morros — That one-way
ticket to Hollywood.
Milt Schwartzwald — A big-
league sustaining hour.
Joe Bernhard — Less boycott in
Philadelphia.
▼
Spyros and Charlie Skouras —
Same as Thanksgiving: that 10-
year contract.
Charlie Einfeld — More Hearst
papers.
Ruby Keeler — Caramels.
Marion Davies — Swimming pool
for studio bungalow.
Warren William — Sound effects.
Kay Francis — Cavalier.
William Dieterle — A new pair of
white gloves.
Max Reinhardt — A Warner mir-
acle.
Jean Muir — Billing.
George Brent — A trip to Sweden.
Hal Wallis — Roller skates.
Henry Blanke — Badminton rules.
Harry Joe Brown— Herpicide.
Robert Lord — Jig-saw puzzle.
Sam Bischoff — Tabloid tales.
Felix Feist — A Chicago theatre
circuit, or at least some more
talk of one.
C. C. Pettijohn — Maxim silen-
cers for traveling execs.
Herschel Stuart — A fast plane
to Dallas.
(Continued on page 7)
AND WHAT SHALL
WE GIVE MR. AND
MRS. EXHIBITOR
LEO SAYS
40 BIG NATIONAL
MAGAZINES REACH-
ING 34,048,736
FAMILIES!
Pick up any important
magazine and you'll find
Leo's full 'page ads on
"DAVID COPPERF1ELD."
Saturday Evening Post
Woman's Home Companion
Ladies' Home Journal
McCall's Magazine
Collier's
Liberty
Delineator
Pictorial Review
American Magazine
True Story
Cosmopolitan
Woman's World
Literary Digest
Red Book
News Week
American Boy
Open Road For Boys
Boys' Life
Film Fun
Screen Romances
Modern Romances
Modern Screen
Radio Stars
Motion Picture
Movie Classics
Movie Mirror
Photoplay
Shadoplay
Picture Play
Hollywood
Screen Book
Screen Play
Screenland
Silver Screen
Home
Mystery
Serenade
New Movie
Tower Radio
Parents' Magazine
Because M-G-M's national magazine cam-
paign on "Barretts of Wimpole Street" was
so successful, Leo now gives exhibitors an
even bigger campaign on "DAVID
COPPERFIELD."
CHRISTMAS
ii
with the Biggest National
Magazine Campaign in
Motion Picture history—
' WILL LET
Know ABout
(And there's a very
timely suggestion on
THE NEXT PAGE-)
Let's call him
DAVID
COPPERFIELD
because 1935 will be
best known for that!
The entire organization of M-G-M from its Studio to its Home Office
and its Branches wishes you a Merry Christmas and Happy New Year!
Friday, December 21, 1934
MOTION PICTURE
DAILY
Council Is Behind
Clean Films Drive
(Continued from page 1)
through its chairman, ex-Governor
Alfred E. Smith, that it would lend
its fullest support to the efforts of
the industry in providing clean pic-
tures.
Smith also stated the council would
exert all possible endeavor to assist
Patrick Cardinal Hayes in his de-
mand for the maintenance of proper
standards in public entertainment.
Here is the text of Smith's state-
ment :
"We agreed to marshal public sup-
port for motion picture industries
carrying out the code for clean, whole-
some, decent pictures. We stand
solidly behind Cardinal Hayes in his
endeavor to see that only clean pic-
tures are shown."
The complete personnel of the coun-
cil attended the meeting. Its mem-
bership follows :
Manhattan — -James A. Farrell, former
president of the U. S. Steel Corp.; George
MacDonald, former Mayor John P. O'Brien;
Martin Quigley, John J. Raskob, former
chairman of the National Democratic Com-
mittee, and Alfred Talley, former judge of
tlie Court of General Sessions.
Bronx — James Donnelly.
Richmond — William T. Fetherston, former
justice of the Court of Special Sessions.
Westchester — Supreme Court Justice Wil-
liam F. Bleakly.
Dutchess and Putnam — John E. Mack of
I'oughkcepsie, former Supreme Court justice.
Orange and Rockland — Arthur O'Leary.
Sullivan — George Cook.
Ulster — James Dwyer.
New RKO Sales Unit
For the Continent
(.Continued from page 1)
Depinet, Reisman and R. W. G.
Mackay are directors.
Phil Reisman is aboard the Empress
'of Britain, which is due here Satur-
day.
Deplore Dowling's Death
RKO executives yesterday wired
condolences to London on the death
there of Ambrose J. ("Bo") Dowling,
former general manager of RKO Ex-
port Corp., and general European
manager prior to that.
Dowling had been ill for some time,
the immediate cause of his death be-
ing attributed to pneumonia and com-
plications.
London, Dec. 20.— Death came to
Ambrose J. Dowling Tuesday night at
the Rochester Hotel.
Treasury to Study
Overlapping Taxes
(Continued from page 1)
some consideration must be given the
increasing tendency to add to the bur-
den of commodities and services al-
ready heavily burdened.
The study may result in a national
conference on taxation to be called by
President Roosevelt next summer to
consider the development of a nation-
al system of taxation which would
minimize overlapping. Film interests
are deeply interested in the movement,
in view of the recent tendency of state
agencies to impose admission taxes on
top of the 10 per cent Federal levy.
Meriden Poli to Open
Meriden, Dec. 20.— The Poli, which
closed a short time ago, is set to re-
sume operations Dec. 24 on a straight
film policy for the time being.
Insiders' Outlook
(Continued
Walter Reade — A bidder — with
cash — for the Mayfair.
Dick Powell — Flying trapeze.
Pat O'Brien — Reducing machine.
Dolores Del Rio — Enchiladas, tor-
tillas, mantillas.
Stanley Bergerman — Orchids for
his buttonhole.
B. F. Zeidman — A megaphone.
Wm. A. McGuire — Ziegfeld's
shoes.
Margaret Sullavan — Lorgnettes.
Hortrnse Schorr — The lowdown
on what makes a good Martini.
Georce Kann — A mess of spa-
ghetti. Or a hot dog.
Helen Twelvetrees — Another
tree.
Irving Thalberg — Free-wheeling
hour glass.
Lucien Hubbard — Stop watch.
Harry Rape — Pinochle set.
Hunt Stromberg — Unbreakable
film.
Bernie Hyman — Revised code.
Herman Robbins, Toby Gruen
and Sam Dembow — That deal.
Harry Arthur — To win the Mar-
shall Square suit against FWC.
Irving Lesser — Another "Imita-
tion of Life" at the Roxy.
T
Andy Clyde — Safety razor.
Harry Lancdon — Pie pan.
Duncan Sisters — Doughnuts.
Robert Kane — A cane from Kent.
Jesse Lasky — More parades.
Ann Harding — A grass shack in
Kahalakahoo.
Katharine Hepburn — Overalls.
Howard Dietz — Revenge with or
without music.
Charley Laughton — A vassarette.
George Raft — Another bodyguard.
Sylvia Sidney — Avocados.
Eddie Buzzell — Hitler's biogra-
phy.
Victor Sciiertzinger — Another
"Marcheeta."
Howard S. Cullman — Roxy to
stay in Philly.
First Division — Time and still
more time.
Sidney Samuelson — A unit on
Ed Kuykendall's home ground.
▼
Lloyd Pantages — Pipes of Pan.
Dan Thomas — Dancing lessons.
Louella Parsons — Rompers.
Edwin Schallert — Better Times.
Jimmy Starr — Hair restorer.
Sidney Skolsky — Electric razor.
Adolphe Menjou — Hat, coat and
glove.
Archie Mayo — Esquire.
Jeannette MacDonald — Frigi-
daire.
Carole Lombard — Rhumba.
Sid Grauman — Fright wig.
Joe Sciienck — Man o' War.
Will Rogers — Bankers' banquets.
Ronald Colman — -Hermit's lodge.
George Arliss — Tea and crumpets.
Jimmy Cagney — Doctor's degree.
Joan Blondell — -Twins next time.
Lilian Harvey — Ermine tales.
Al Friedlander — No more titles.
John C. Flinn — One clearance
and zoning schedule approved,
just one.
▼
Jimmy Durante — Nose guard and
hankies.
Franciiot Tone — Emily Post's
latest.
Lupe Velez — Mexican jumping
beans.
from page 2)
Gloria Swanson — Martial music.
Ketti Gallian — Slave bracelet.
Harry Cohn — Loudspeaker.
Sam Briskin — Velvet gloves.
Grace Moore; — More nights.
Gene Raymont> — Wave set.
Fred Keating — Canary Islands.
Frank Capra — A gondola.
George Burns — Gracie's brother.
Claudette Colbert — Leopard skin.
Gary Cooper — Another "chimp."
W. C. Fields — Four Roses.
Bing Crosby — A Scotch purse.
Harry Suchman — To win a case
before the local boards.
Local Exhibitors — More relief
from Local 306.
T
Jimmy Grainger — Grosses, bigger
and bigger.
Ed Grainger — Daddy's long legs.
Frank Mastroly — Pastrami.
Tammany Young — Couple of
gates.
Charley Chaplin — Voice in the
dark.
Dr. A. H. Giannini — A few kind
words.
Al Kaufman — Mannie's nanny.
Francis Lederer — World peace.
Ginger Rogers — Doll's house.
Wheeler & Woolsey — Cigars and
apples.
Al Rockett — History books.
Buddy DeSylva — Hurdy-gurdy.
John Stone — Trip to Zanzibar.
A. M. Botsford — Toastmaster's
Guide.
Jeff Lazarus — Shufflcboard.
Rudy Vallee — Web of love.
Monroe Shaff, Buddy Kusell
and Lou Goldberg — Another
"Dealers in Death."
T
Douglas Fairbanks — Seven league
boots.
Faiebanks, Jr. — Six league boots.
Mary Pickford — Just boots.
Walt Disney — Twins for Mickey
and Minnie.
Tom Mix — Big top.
Busby Berkeley — Gyroscope — tel-
escope— Connoly's scope.
Pat Casey — Palm Springs.
Anna May Wong— The right cue.
George White — Earl Carroll's
chorus.
Sol Wurtzel — Roulette table.
Jason Joy — Ruby Laffoon's red
book.
Janet Gaynor— Pretzels and ice
cream.
Joyce and Selznick — Non-collap-
sible fountain pen.
Connie Bennett — Stratosphere.
Clarence Brown — A blimp.
Lionel Barrymore — Wood-cut set.
Wally Beery — Parachute.
Maurice Chevalier — A Brown
Derby.
Jean Harlow — Toy balloons.
▼
Jack Lewis — Streamline.
Stockholders — Dividends.
Gene Fowler — Tricycle.
Edward Small — Five-foot shelf.
Lowell Sherman — Vogue.
Mack Sennett — Golden egg for
Father Goose.
Lewis Milestone — Chicken sand-
wich.
Lew Ayres — More ginger.
James Dunn — Shirley Temple.
Stepin Fetchit — Molasses and
sulphur.
Edmund Lowe — Westphalian mor-
sel.
it
One Night" Heads
Review Board List
"One Night of Love" has been
selected by the National Board of
Review as the most entertaining pic-
ture of the year. Next is "The House
of Rothschild," followed down the line
by "The Barretts of Wimpole Street,"
"The Thin Man," "It Happened One
Night," "The Count of Monte Cristo,"
"Of Human Bondage," "Queen Chris-
tina," "Treasure Island" and "What
Every Woman Knows."
The board has designated the fol-
lowing as the 10 most artistic Ameri-
can pictures of the year : "The Count
of Monte Cristo," "Crime Without
Passion," "Eskimo," "The First World
War," "It Llappened One Night,"
"The Lost Patrol," "Lot in Sodom,"
"No Greater Glory," "The Thin Man"
and "Viva Villa." Foreign pictures
similarly honored are "The Blue
Light," "Catherine the Great," "The
Constant Nymph," "Madame Bovary"
and "Man of Aran."
His Hour Is 4:30
Mordaunt Hall, former film critic
of The New York Times, and now a
broadcaster of reviews over station
WEAF, conducts his program at
4:30 P. M. each Monday, not 1:30
P. M., as reported earlier.
MacKenzie Studies Sound
Malcolm MacKenzie, sound tech-
nician for Monogram studios, is
making a study of eastern laboratories
in connection with sound printing. He
arrived last Sunday and leaves today.
Victor McLaglen — Beauty sleep.
Frank Lloyd — Orchards to you.
Raoul Walsh— Volume of Rabe-
lais.
Damon Runyon — Horsefeathers.
Warner Baxter — Moose gun.
John Boles — Corn pones.
Alice Faye — Valleys with moun-
tains.
Peggy Fears — Big Bad Wolf.
B. B. Kahane — One-man top.
Merian Cooper — Ping-pong set.
Kenneth MacGowan — Little art
movement.
Eddie Mannix — A new Paradice.
T
George Cukor — Harry Revel's
waistline.
Sam Katz — Kittens on the keys.
Phil Goldstone — First mortgages.
Mark Sandricii — Broccoli.
E. B. Schoedsack — Atlas.
Fred Astaire — Neckties and socks.
Irene Dunne — Tea leaves.
Bob Montgomery — Two-goal polo
handicap.
Bill Powell — Best cellars.
Norma Shearer — Basinette.
Hal Roach — Transcontinental
record.
Tay Garnett — Starting date for
"China Seas."
"Woody" Van Dyke— Speedome-
ter.
Anna Sten — Shashlik.
Dakhyl Zanuck — Eddie Cantor's
endorsement.
Boleslawski— Garbo's skis.
William K. Howard — Coca-cola.
Sam Taylor — Laughter un-a-
Lloyd.
Henry Ginsberg — Bagatelle.
Nat Levine — Cap pistol.
Joe Reddy — Exp-Lloyd-ation.
Trem Carr — Kiddie Carr.
Sol Lesser — Something greater.
Eddie Cantor — Just a boy.
KANN
THE MOST SENSATIONAL
.« it
First Joe Cook comedy for January release
Produced by Al Christie
Presented by E. W. Hammons f-j
SHORT SUBJECT NEWS IN YEARS
Americas one-man circus,
and No. 1 Clown of the stage,
now making big laugh
features in two reels for
VINCE
BARNETT
ourteen Hawaiians welcoming Joe (Four Hawaiians) Cook
o the biggest star aggregation in short subject history.
You get star values such as this in short subjects only from
"THE SPICE OF TH E PROGRAM"
Distributed in U. S. A.
by FOX Film Corporation
10
MOTION PICTURE
DAILY
Friday, December 21, 1934
A 5-Year Financial Picture
Washington, Dec. 20. — The following table, prepared by the
Washington bureau of Motion Picture Daily, traces and gives
details of corporate returns of theatres and producers from 1928
to 1932 inclusive as filed with the Internal Revenue Bureau :
Film Houses Reporting Net Income
PRIOR
YEAR
YEAR NUMBER GROSS NET LOSS TAX
1928 1,219 $293,079,000 $34,009,000 $1,778,000 $3,627,000
1929 1,293 378,663,000 41,044,000 1,972,000 4,105,000
1930 1,295 394,681,000 43,133,000 2,218,000 4,613,000
1931 1,167 276,519,000 26,005,000 2,365,000 2,638,000
1932 587 180,374,000 13,683,000 257,000 1,814,000
Film Houses Reporting No Net Income
YEAR NUMBER GROSS DEFICIT
1928 948 $114,763,000 $12,364,000
1929 1,046 129,775,000 18,650,000
1930 1,025 118,423,000 13,390,000
1931 1,148 208,133,000 21,582,000
1932 , 1,995 325,116,000 73,019,000
Other Theatres Reporting Net Income
PRIOR
YEAR
YEAR NUMBER GROSS NET LOSS TAX
1928 433 $137,014,000 $9,595,000 $ 591,000 $1,022,000
1929 323 63,007,000 7,986,000 1,402,000 694,000
1930 239 28,898,000 3,679,000 485,000 330,000
1931 182 18,764,000 1,398,000 112,000 130,000
1932 78 9,740,000 1,307,000 230,000 147,000
Other Theatres Reporting No Net Income
YEAR NUMBER GROSS DEFICIT
1928 503 $67,742,000 $11,443,000
1929 443 40,802,000 8,485,000
1930 403 38,693,000 8,236,000
1931 343 33,147,000 7,532,000
1932 341 27,664,000 22,009,000
Producers Reporting Net Income
PRIOR
YEAR
YEAR NUMBER GROSS NET LOSS TAX
1928 106 $219,254,000 $19,246,000 $2,639,000 $1,938,000
1929 101 280,303,000 50,238,000 2,202,000 5,330,000
1930 84 357,137,000 31,835,000 871,000 3,690,000
1931 54 29,696,000 2,698,000 44,000 318,000
1932 44 14,349,000 1,145,000 181,000 135,000
Producers Reporting No Net Income
YEAR NUMBER GROSS DEFICIT
1928 100 $11,012,000 $2,136,000
1929 142 63,142,000 5,838,000
1930 124 53,563,000 8,447,000
1931 145 412,252,000 11,372,000
1932 151 176,446,000 31,344,000
Fox Theatres
Claim Out of
New Met Plan
(.Continued from page 1)
plan makes no provision for settle-
ment of the Fox Theatres claim except
to admit it to the same general status
of other unsecured creditors who, ac-
cording to the plan, may share pro
rata in any liquidation of unmortgaged
assets of Fox Met.
All of Fox Met's 77 theatre lease-
holds and eight fee properties, together
with most of the cash on hand, are
included in the mortgaged assets which
are subject to the bondholders' claims
amounting to $12,450,000. Unmort-
gaged assets are understood to be in-
considerable in amount.
The plan provides that the reorgan-
ized company shall disaffirm its lease
on the Audubon and shall surrender
its leases on the Atlantic, National and
Terminal in Brooklyn. In the event
of a sale of Fox Met by May 1, 1936,
the new company reserves the right to
take over the Randforce interest in
the Empress, Marcy and Rolland,
Brooklyn, but, subject to possible liti-
gation at the time of a sale, may not
be able to deliver to a purchaser Skou-
ras's Valentine and Crotona, in the
Bronx, and the Plaza, Englewood, N.
J., which, Skouras claims, are not
subject to surrender.
Capitalization Stays Unchanged
Capitalization of the new company
remains the same as proposed in the
original plan of last spring, that is,
there will be $6,880,350 of new se-
cured five per cent debentures, due in
1945, and 276,214 shares of common
stock. All of this is issuable to the
noteholders with the exception of
$650,000 of debentures to be reserved
for subscription by the operators and
the 27,000 shares of common stock is-
suable to Fox Film. Noteholders will
receive in exchange for each $1,000
of their claims, $500 of new deben-
tures, 20 shares of new common stock,
$100 cash and a registered warrant
for a pro rata share in unmortgaged
cash, which is subject to later liqui-
dation. The only change in this pro-
vision is that the original plan pro-
vided for payment of $50 cash, instead
of $100.
Due to a provision in most of the
Fox Met theatre leases permitting
landlords to cancel in the event of re-
ceivership or bankruptcy, the new Fox
Met company is issuing only 50 per
cent of the present debentures out-
standing, and interest on these for the
first three years will be payable up to
a five per cent maximum only out of
net earnings. Interest after the initial
three-year period will be at a fixed
five per cent, whereas interest on the
present bonds is six and one-half per
cent. These interest modifications,
sponsors of the plan say, will reduce
the hazard of losing leases through
financial difficulties to a minimum.
An election of officers of Fox Met
is scheduled to take place within the
next few days, as is the filing of the
completed plan with the Federal court.
Stock Suit Against
Fox Gets Dismissal
Supreme Court Justice Samuel I.
Rosenman dismissed yesterday an
action by three Fox Film stockholders
against 21 individuals and six corpora-
tions asking for return of $4,000,000
profits alleged to have accrued through
sale of the company's stock subse-
quent to April 17, 1930, as well as un-
specified damages held to have re-
sulted from the transaction.
The court ruled any profits that
may have been made should have gone
to General Theatres Equipment, not
to Fox or individual members of the
stock syndicate.
Lewis Heads Samjax
Emanuel Lewis has been elected
president of the Samjax Corp. He
replaces Jacques Koerpel, resigned.
Samjax Corp. operates the Gaiety.
Lewis will change the house policy
from straight films to a stage and
screen program.
Huge Poster Drive
Is Set by Industry
(Continued from page 1)
Hays organization. The posters,
which will be mailed out at monthly
intervals, will be in the regulation
one-sheet size, 28 by 42, and each
will carry "a message dramatizing
vividly the service of the screen to all
types of people."
The poster series is in charge of a
committee composed of Howard Dietz,
S. Charles Einfeld, Paul Gulick, Rob-
ert M. Gillham, Charles E. Mc-
Carthy, Hal Home, S. Barrett Mc-
Cormick, Herschel Stuart, P. L.
Thompson and Gordon S. White.
M. Leone Bracker is the artist.
Kuykendall Is
For Zoning to
Preserve Code
(Continued from page 1)
conditions and to preserve the code,
much of which is based on that pro-
vision," Kuykendall said. "It is dif-
ficult, but merits all the effort it re-
quires. I'm sure we will find it a
cooperative effort.
"Also, in my opinion," Kuykendall
declared, "the clause covering interfer-
ence with leases must be retained even
though it may not be enforcable as it
now reads. It has been restrictive in
lessening offenses so far, and we must
find a way to put teeth into it for the
protection of all. It is necessary to
fair trade practices."
Kuykendall's statement was given
yesterday before he left to spend the
holidays at his Columbus, Miss., home.
Smalley Lease Case
Is Heard in Capital
(Continued from page 1)
ton after the Albany grievance board
and Code Authority had been unable
to come to a satisfactory decision.
Smalley had possession of the house
for a number of years. His lease ex-
pired in October, and prior to that
time the owner sold it to the Glove
City Amusement Co. Smalley brought
a claim of interference with pending
negotiations, and also applied to the
courts for an injunction.
The case is one of two out of 15
involving the interference clause with
which the Code Authority has been
unable to deal.
The decision will be awaited with
interest in view of the recommenda-
tion of Campi for elimination of the
provision from the code on the ground
that it is unenforceable.
Thompson Reporting
On Grievance Board
Although not officially requested to
make the report, George F. Thompson,
impartial member of the New York
grievance board, is making a resume
of the board's activities during the year
for submission to Compliance Director
Sol A. Rosenblatt.
Thompson's criticisms of the board
will touch on the second and third
string substitutions for original ap-
pointees, it is understood, which he
will claim was not the intent of the
government and which indicates the
board is not functioning properly.
Brandt Case Up Today
Harry Brandt's clearance complaint
against Warners for reduction of the
30 days' protection of the Regent,
Newark, over the Rialto, same city,
will be heard today by the New Jersey
advisory committee. This is the case
that was scheduled for Monday and
postponed due to lack of a distributor
representative. Brandt was consider-
ably annoyed at the delay, having pre-
viously denied Warners a postpone-
ment.
Columbians to Dine
The Columbians, made up of Col-
umbia employes, will hold their an-
nual Christmas luncheon at the Edi-
son on Monday.
THE LARGEST NUMBER OF
THEATRES EVER TO PRE*
SENT AN ATTRACTION
SIMULTANEOUSLY WILL
HONOR THEIR SCREENS THIS
HOLIDAY SEASON WITH
IN SIR JAMES M. BARRIES
"THE LITTLE
MINISTERS
SIR JAMES M. BARRIE'S
THE LITTLE
L- L C2 l- U L L
JOHN BE ALT ALAN HALE
DIRECTED BY RICHARD WALLACE ★ A PANDRO S. BERMAN PRODUCTION
Friday, December 21, 1934
MOTION PICTURE
DAILY
13
For 'Better Understanding9
League; Better Days Seen
U. A, Sells Entire
Lineup to Saenger
New Orleans, Dec. 20. — Suddenly
reversing the sales policy it was pre-
sumed to have adopted for the year,
United Artists rejected all applica-
tions from independents whose towns
conflicted with houses in which E. V.
Richards has an interest, and sold the
entire product to the Saenger circuit,
E. V. Richards' Athliated Theatres,
and United Theatres, a group of 18
subsequent run houses in this city
which does its buying more or less un-
der Richards' direction.
This reversal came as a surprise to
independents who, because of the wide
buying done by Saenger and Affiliated
in the country, were depending almost
entirely upon United Artists for major
product. RKO sold Saenger two
weeks ago, so the average independent
whose houses conflict with either
Saenger or Affiliated, or with United
Theatres in New Orleans, is left in a
predicament.
Flash Previews
The Night Is Young — . . . conveys
a Continental flavor . . . heavy with
so-called pomp, clank and uniforms,
larded over with Teutonic cliches of
\esteryear. . . . Where Novarro draws
this may attract, but it will require
energetic resourcefulness to lift it
above the average. . . .
Million Dollar Baby — . . . appar-
ently has a hokum quality that should
click in neighborhoods and smaller
houses and prove more than satisfac-
tory to youngsters. . . .
These films will be reviewed in full in a
later issue of Motion Picture Daily.
Writers' Guild Awards
Hollywood, Dec. 20. — First annual
awards of the Screen Writers' Guild
for the best written pictures of the
year were announced tonight at its
initial annual dinner-dance at the
Trocadero. "It Happened One Night,"
by Robert Riskin, was first ; "The
Thin Man," Albert Hackctt and
Frances Goodrich, second; "The
House of Rothschild," Nunnally
Johnson, third; "One Night of Love,"
|S. K. Lauren, James Gow and Ed-
mund North, fourth ; "Gay Divorcee,"
Ueorge Marion, Jr., Dorothy Yost
and Edward Kaufman, and "Of
1 fuman Bondage," Lester Cohen, tied
for fifth.
i James T. Hanlon Dead
Atlanta, Dec. 20.— James T. Han-
rlon, 42, for 14 years branch manager
I for M-G-M, died here of pneumonia,
^'following flu.
Hanlon was a member of the
clearance and zoning board. He had
I been with M-G-M nearly 20 years, and
ihad started as poster clerk, work-
ling his way through all stages up
to the branch management.
David Egert Passes
David Egert, brother of Harry,
treasurer of Progressive Poster Ex-
change, Inc., suddenly passed away
yesterday. He was 40.
Shelton Rites Tomorrow
Kansas City, Dec. 20. — Funeral
services will be held Saturday for
William Lisle Shelton, owner of the
Ashland, who died yesterday at 66.
By B. B. KAHANE
(.Continued from fane 1)
will strive for the "bigger" productions
and avoid the mediocre type.
Grosses should increase, first, be-
cause better productions usually bring
better grosses, and secondly, because
there are unmistakable evidences that
the country is out of its mental
doldrums or, at the least, is on the
way out, and this psychological im-
provement in the viewpoint of the peo-
ple of the nation will have a favorable
effect on box-offices.
It is up to the industry to help the
up-swing in business and sentiment by
making outstanding pictures that will
provide varied and worth-while enter-
tainment to theatre-goers. We will
participate in the return of prosperity
and we should do our share to promote
that prosperity.
By A. MONTAGUE
(Continued from pane 1)
Its premise — better understanding be-
tween producer and exhibitor — is
something fundamentally sound and
highly desirable. With perfection of
this relation automatic cooperation be-
tween producer and exhibitor will fol-
low. And this condition, in turn, will
create increased revenues.
In every phase of financial, commer-
cial and industrial life it is conceded
that confidence is the keynote of re-
covery. Understanding between pro-
ducer and exhibitor is synonymous
with confidence in the industry. No
formalities and no organization are
necessary prerequisites to put this tre-
mendous force at work for mutual
advantage.
In its strongest manifestation, confi-
dence enables the exhibitor to differ-
entiate between the great picture and
(Continued f
managed to keep everybody but
Arthur Tracy and Nick Lucas inter-
ested for the duration of the two and
one-half hour luncheon. Tracy and
Lucas were preoccupied with think-
ing up Bing Crosby songs which they
crooned later with a dedication to
their absent comrade. They caused C.
C. Pettijohn, who trailed them on the
program, to lament that he, too, didn't
know any of Crosby's songs, old or
new, to sing.
The charitable notes were struck
by Louis Nizer and Alicoate, who
called attention to the need for aiding
the industry's unfortunates and cited,
anonymously, deserving cases known
to the administrators of A.M.P.A.'s
charities.
"Not all of these cases," Alicoate re-
assured the gathering, "arc like Nizer.
We sent him a Christmas basket last
year and he called his butler to carry
it indoors. Then wanted to return
the oranges because they weren't Sun-
kist."
Pettijohn called the charity appeals
of these two "the best act of the day,"
Korda's Latest
By BRUCE ALLAN
London, Dec. 20.— "The
Scarlet Pimpernel," latest
from Alexander Korda and
London Films, is an artistic
production, notable for the
line acting of Leslie Howard.
It is less melodramatic than
the original version and this
time emphasizes comedy
values. The tempo is rather
slow, the film lacks obvious
punch and is for connoisseurs
of action and production
values rather than for the
masses.
Merle Oberon is good, as
is Nigel Bruce as the Prince
of Wales.
the "sleeper" and to exploit the former
in a manner enabling him to extract
from it all available revenue to the ad-
vantage of the producer as well as
himself. The production is sold to the
exhibitor on the basis of confidence.
I te, in turn, sells it to the public on
the same premise. Fvcry one is satis-
lied and every one benefits, whereas in
the absence of this confidence a tre-
mendous amount of playing time
would be sacrificed in proving to the
public the worth of the attraction.
r>ueh loss of time always is at the cost
of producer and exhibitor alike and
adversely affects the business of both.
One's assets in the industry cannot
be estimated solely upon a computa-
tion of realty holdings, or of the value
i if leaseholds. The greatest equity lies
in a richer value — the relation he has
developed and can develop with those
with whom he docs business.
rom page 1)
despite the fact that "too many sweet
things were said."
Harry Hershfield, Cheese Club pres-
ident, augmented the appeals for re-
membrance of those down on their
luck by pointing out that many in
the industry minimize the plight of
others because all around are people
who still have some money.
"We are apt," Hershfield said, "to
be like the little Yiddish woman who
was approached by a panhandler.
'Please, mum,' pleaded the man, 'can
you help me out? I ain't eatin' a thing
for four days.' Responded the woman,
'You should force yourself to eat.'"
This, apparently so confused Billy
Ferguson, presiding at the time, that
he followed up by introducing Red
Kami as editor of Motion Picture
Herald and Jack Cohn as president
of Columbia.
Thereafter, Sally Rand, who dis-
dains dancing raiment other than
feathers or translucent balloons, was
introduced and launched a dissertation
on her ai * and the relation to it of
merch. ^ndis.'ng and window undressing ;
Berman Sees Flood
Of Musicals Coming
Pandro S. Berman, Radio producer,
predicted yesterday that a flood of
musicals shortly will reach the mar-
ket. "Musicals are making money,"
he stated, "so every company in Hol-
lywood is planning several. Why
things should travel like this in cycles
in Hollywood, I couldn't say, but
everyone knows that it does."
Berman has been in town several
days looking over Broadway shows.
I le attended the recent board of direc-
tors' meeting of the company. He
bought no stories or plays while here
and leaves for the coast over the
week-end.
Streimer Is Elected
Head of Film Board
Moe Streimer of United Artists is
successor to Henry Randel of Para-
mount as president of the New York
Film Board of Trade. Other new of-
ficers are : Jack Bellman of Holly-
wood, first vice-president ; Robert
Fannon of Majestic, second vice-presi-
dent; Jack Bowen, M-G-M, treas-
urer ; Dave Levy, M-G-M, secretary ;
Joe Lee, Fox, scrgeant-at-arms. Lee
replaced Edward Schnitzer of Colum-
bia in the last post after seven years.
Induction will take place during the
week Jan. 10-15.
To Coast for Xmas
( oast-hound today in time to reach
Hollywood for Christmas will be:
Winfield Sheehan, production gen-
eralissimo for Fox.
Gabe Yorke, Fox studio publicity
head.
Paul Sloane, the director.
Mildred Ginsberg, wife of Henry,
vice-president and general manager of
the Roach studio.
"U" Building Team
I [oi.i.Ywooo, Dec. 20. — Jean Dixon
joins Universal on a long-term con-
tract Jan. I, The studio is now look-
ing for a series of stories in which
to l.-i ui i< li M iss I )'i ' on and I I ugh
O'Connell as a co-starring comedy
team.
Writ Against Reinhardt
I. os Angeles, Dec. 20. — Max Rein-
hardl today was restrained from work-
ing on Warners' "A Mudsummer
Night's Dream" by a writ granted in
Superior Court to A. A. Haendler,
executive of a French theatrical pro-
ducing agency.
Meet Writers Dec. 27
Hollywood, Dec. 20. — Writers ex-
pect a showdown on the final draft of
their code of fair practice at a meet-
ing with producer representatives
Dec. 27.
Lucas sang another of Crosby's songs,
dedicated, this time, to Phil dc An-
gelis, ami lioris Morros took the bow
when Ferguson introduced Nicolai
Balieff of the Chauve Souris.
Others introduced by the toastmas-
ters included E. W. 1 (amnions, Felix
Feist, Sylvia Froos, Mac Murray,
Major Edward Rowcs, David Bern-
stein, Jack Pearl, l.ily Pons, Ken
Strong, Joseph Connolly, Kitty Car-
lisle, Al Lichtman, Clendennin Ryan,
Henry R. Luce, Richard lionelli,
Karen Morley, Smith & Dale, Post-
master Albert Goldman, Shirley Ross,
Grovcr Whalen and Walter Huston,
Some Talks, Some Ribbing,
Some Crowd at Ampa Lunch
"Old Fashioned DieHards"
Sirs:
LET ME BE ONE OF THE FIRST
TO CONGRATULATE YOU ON
YOUR ANNOUNCEMENT THAT
YOU WILL ENTER THE MOTION
PICTURE FIELD STOP I KNOW
YOU WILL DO A GOOD JOB AND
THAT YOU WILL PROVE TO A LOT
OF OLD FASHIONED DIEHARD
HALF MUMMIFIED PROFESSORS
AND OTHER SUPPOSED TO. BE
EDUCATORS IN THIS COUNTRY
THAT BY THE USE OF PICTURES
AND RADIO YOU CAN REEDU-
CATE MANY MILLIONS
NOT WORRY
TRES ALL
TRES WILLI
Sirs:
As a regular reader of TIME, I am
much interested in having THE
MARCH OF TIME shown at our
Emboyd Theatre this city.
Here's hoping we may have the pleas-
ure of seeing the first picture issue and
that it proves as interesting and suc-
cessful as TIME Magazine.
Yours truly,
S. P. H., M.D.
Fort Wayne, Indiana
Sirs:
C. C.l
63 TOI
SAN Fl
Sirs:
Your announc
most interesting,
productions showil
Cordis
YOUR 1HtMRE
Frenzied Impatience
Sirs:
Am enormously interested in TIME's
brilliant new venture, THE MARCH
OF TIME, Inc. As a resident of a small
Indiana city I'm hoping that its showing
will not be confined to metropolitan
areas.
A large group of TIME-readers and
MARCH OF TIME enthusiasts are
awaiting the debut of your first reel in
termed a frenzy of impa-
■ill petition the manager of
iccordingly.
E and FORTUNE'S
ts, allow me to wish
the world to the
, Inc., knowing that
igress with the same
lerived from the su-
IfTIME "Letters"—
is of TIME.
A Toast
Sirs:
I have just finished listening to your
MARCH OF TIME program, which
holds me enthralled for thirty minutes
each Friday night — I only wish it were
sixty minutes in length.
Needless to say, I shall look forward
with anticipation for your MARCH OF
TIME Newsreel. I only hope our theatre
manager will buy this feature — for I feel
sure the people of our town would appre-
ciate this news feature. I shall request
that he book the MARCH OF TIME
myself and I know my friends shall do
the same.
A toast to TIME's new venture — and
much success to its christening.
Yours truly,
Mrs. J. F.
224 N. Oak
Pratt, Kansas
"Our Whole Family"
Sirs:
With reference to your announcement
this evening on the MARCH OF TIME
program, please be advised that I as well
as our whole family will be very glad to
support your new venture and sincerely
hope that we may soon have the pleasure
of seeing your pictures.
Very truly yours,
I. R.
616 Lyons Ave.
Irvington, N. J.
Sirs:
We in this family are delighted to read
that your new venture in pictorial jour-
nalism is soon to begin. The theatres at
which we'd like to see the MARCH OF
TIME are: the Kentucky, the Strand,
and/or the Ben Ali theatres.
We greatly enjoy the March of Time
on Friday evenings. But your program
on Nov. 30 was one of the best we've
heard.
Very truly yours,
A. S.
1600 Richmond Road
Lexington, Ken.
Sirs:
First
Sta
Secon
Ohi
Wishi
Sirs:
Pleas(
ias of ti
Wiscons
TIME
custome
tise it. 1
Sirs:
It is
forward
MARC]
am sure
dramati
the air ii
I sugg
THIS MAKES HISTORY
IN ALL your experience as an exhibitor
have you ever heard of a motion pic-
ture being deluged with fan mail before
anyone has even seen it on the screen?
Yet, on the announcement of this picture,
people all over the country wrote and
telegraphed asking and demanding that
THE MARCH OF TIME be shown
their favorite theater.
Look for the name of your theater
these letters, Mr. Exhibitor, (the copies
of those printed here are on file at our
office— you can see them any time) read
them carefully. You don't have to be
told what a reception like this means at
the box office.
Released Through
FIRST DIVISION
The New Major
HARRY A. THOMAS, Pres.
in
m
St.
Ind.
1 not
cen-
ARCH
York
Any of
to have
Place
not
t will
tres,
ARCH
heatre,
Sirs:
If the MARCH OF TIME m<.
pictures will be like the broadcast :
the magazine (TIMEn I shall endt
them with enthusiasm.
Yours very truly,
P. K.
620 Second Str<*
Brooklyn, N. Y.
Sirs:
The Warner Theatre in Ridgev.<
the Hawthorne Theatre in Hawthoi
and the Pascash Theatre in West*
are the ones I patronize most often.!
be glad to see THE MARCH OF TI!
at any or all of them.
Yours very truly,
E. H.
224 Richards Roa
Ridgewood, N. J.
Sirs:
I would like to see the MARCH
TIME shown at Madison Thea
Oneida, New York.
Yours truly,
E. A.
Wampsville,
N. -i
Sirs:
Interested in your new venture. I
local theatre for showing is The Centi
N. L. T.
2312 E. Federal Stre£
Baltimore, Marylanr
Sirs:
Have been enjoying THE MAR
OF TIME over the radio and will'
very pleased to hear same in the mov
Yours truly,
W. H.
33 Mildred Terrac
Vaux Hall, N. J.
Sirs:
I would like to have THE MAR
OF TIME exhibited at the Bronx\
Theatre, N. Y.
G. C. V deG.
650 Fifth Avenu
New York, N. Y
would like to see
ME in Motion pictu
esi ami nope i
OF TIME may be shown in Indianapolis
at Loew's Palace Theatre.
With best wishes for great success,
I am
Yours truly,
J. L. D.
1210 Golden Hill Drive
Indianapolis, Indiana
3 Cheers
3 Cheers for THE MARCH OF TIME
Movies. How can we wait!!
M. E. M.
1612—10 Avenue
nost of
ory) pr<
e Balal
ient to
ides, we ;
they h::
ants to
icture wo
he process
to justify
dence Halls for Mei
60th St.
hicago. Ill
EVEN BEFORE RELEASE
THOUSANDS ARE DEMANDING IT
The Leading
Motior
Picture
Industry
MOTION PICTURE
DAILY
Alert,
Intelligent
the
in All
Branches
VOL. 36. NO. 147
NEW YORK, SATURDAY, DECEMBER 22, 1934
TEN CENTS
Ruling Brings
Ascap Federal
Trial Nearer
fudge Mack Rules Upon
Broadcast Queries
Trial of the monopoly suit against
he American Society of Composers,
\uthors & Publishers brought by the
Pennsylvania Broadcasting Co. in
federal court here two years ago was
>rought a step closer yesterday with
l ruling by Judge Julian W. Mack
>earing on the questions in the plain-
iff's interrogatory which Ascap will
>e required to answer.
Indications are that the action,
vhich is backed by the principal na-
tional broadcasting companies and
eeks dissolution of Ascap as a mono-
poly, will be speeded through its pre-
iminary stages and held in readiness
(Continued on page 3)
if
ich. Beano Game
Is Ruled a Lottery
Grand Rapids, Dec. 21. — Ex-
libitors, who have been fighting for
nore than a year to rid the city of
«eano games, were a step nearer suc-
:ess this week when the state Supreme
Zourt justices handed down a decision
hat the game is a lottery. As this
vas the only aspect of the case which
he high court was asked to decide,
he matter was referred back to the
(Cent County courts, where a beano
;ame operator is charged with oper-
ating a lottery. The ruling is ex-
acted to put an immediate end to all
'•f the games here.
Seattle First Runs
Drop Double Bills
j Seattle, Dec. 21. — Dual features
will be a thing of the past among first
uns by Jan. 1.
First to abandon the policy was the
liberty, where Jensen-Von Herberg
:esumed singles last month under a
'iew contract with Columbia.
This week Hamrick's Music Box
everted to single features, after
(.Continued on page 4)
Fines Imposed for
Use of Three Films
Fines of $250 for authorized dis-
tribution of Harold Lloyd's "Movie
>azy" and $500 for similar use of
Splashing Thru" and "Bugville Ro-
nance" were imposed this week by
(Continued on page 4)
Breen Declares He Will Stay
In Production Job Until 1936
Hollywood, Dec. 21. — In reply to rumors current here that he
would leave his present position to join Universal, Joseph I.
Breen, production code administrator, last night issued a formal
statement denying he had contemplated any change.
Breen stated that he has a definite commitment to carry on
as administrator of the code until March, 1936. He admitted,
however, that "one of the major producing companies" had offered
him an important executive position, but that he had declined be-
cause of responsibilities he had to the companies employing him
and to the public at large to remain as code head.
No Change in Code
Authority Planned
Washington, Dec. 21. — Orders is-
sued by the National Industrial Re-
covery Board to place a full time
NRA representative on code authori-
ties of national industries in order
that the public interest may be ade-
quately represented will have no ef-
fect on the film code, it was made
known today.
Under the terms of the order,
"under some circumstances per diem
(Continued on page 3)
Report Middle West
For Scrapping NRA
Kansas City, Dec. 21. — In a poll
of the middle west, the Kansas City
Chamber of Commerce has determined
(Continued on page 3)
M-G-M and Loew's
Restore Pay Cuts
M-G-M and Loew's yesterday re-
stored to all employes on both coasts
all salary reductions made since 1932.
The order will result in increases of
from 10 to 30 per cent for employes
who received cuts in those amounts
during the past two years. The res-
torations are effective with today's
pay checks. Both companies are also
understood to be distributing bonus
checks to employes today as Christ-
mas gifts.
First Division Set
To Start on Jan. 15
Hollywood, Dec. 21. — First Divi-
sion Pictures, located at Mack Sennett
Studios, will get under way about
(Continued on page 2)
time film delivery assured by members
I f National Film Carriers, Inc. — Adv.
Lasky Sees Bigger Profits;
Golden Waxes Philosophical
By EDWARD GOLDEN
Sales Manager, Monogram
The best way of looking into tomor-
row is to look back on yesterday.
What the tomor-
row has in store
for us many times
is in the makings
of yesterday.
Success is as-
sured for those
who have their
feet on the ground
and are not fan-
tastic in their
imagination. Con-
stant application
to an idea and an
ideal is creative
of tomorrow.
Yesterday is
gone, only as a step for tomorrow. In
(Continued on page 2)
By JESSE L. LASKY
Producer for Fox
Hollywood, Dec. 21. — Facing 1935,
producers have reason to be optimistic
over the pros-
pects for im-
proved pictures,
and increased
profits.
The past year
has demonstrat-
ed that the pol-
icy of entrust-
ing production
to individual
producers has
been eminently
successful. The
major compa-
nies are now
committed, very
definitely, to the belief that individual
(Continued on page 2)
Operator Pay
Comes Up at
Talks Today
Local 306, Allied M. P.
Both in Conference
A meeting of New York exhibitor
representatives with officials of Local
306 and Allied M. P. Operators'
Union will be held at Code Authority
headquarters this morning to consider
plans for reduced booth scales.
Temporary wage scale relief was
granted by Local 306 at a meeting
held 10 days ago, which will continue
in effect until a permanent agreement
is reached. The meeting is also ex-
pected to discuss a merger of Allied
with Local 306 and a cessation of all
picketing by both unions.
Compliance Administrator Sol A.
Rosenblatt will attend. Others to be
present include George Browne of I.
A. T. S. E., Harry and William
Brandt, Charles L. O'Reilly, C. C.
Moskowitz, Marvin Schenck and Les-
lie E. Thompson.
No blanket relief is being given lo-
cal independents by Local 306 in con-
nection with the temporary agreement
(Continued on page 3)
Trans-Lux Officers
Hold Their Control
The fight for control of the Trans-
Lux Daylight Pictures Screen Corp.
terminated yesterday in a victory for
the acting management.
According to Percy N. Furber,
president, there are 4,127 stockhold-
ers in the company and 2,551 of these
voted at the meeting, with 2,441
casting their ballots in favor of the
acting management. The vote in fa-
vor of the present management was
399,471; against, 232,005.
Stuart Webb, president of Pathe;
Edward W. Marshall, a Boston bank-
er, and Edwin G. Lauder, executor
(Continued on page 4)
Providence Hit by
Free Radio Program
Providence, Dec. 21. — Pack another
cracked ice bag for exhibitors. Right
on the heels of the free Standard Oil
show last week came announcement of
(Continued on page 4)
No Paper Tuesday
Motion Picture Daily will
not publish on Christmas
Day, Tuesday, Dec. 25.
MOTION PICTURE
DAILY
Saturday, December 22, 1934
MOTION PICTURE
DAILY
(Registered U. S. Patent Office)
Vol. 36
December 22, 1934
No. 14?
Martin Quigley
Editor-in-Chief and Publisher
MAURICE KANN
Editor
JAMES A. CRON
Advertising Manager —
Published daily except Sunday and holi-
days by Motion Picture Daily, Inc., sub-
sidiary of Quigley Publications, Inc.,
Martin Quigley, President; Colvin Brown,
Vice-President and Treasurer.
Publication Office: 1790 Broadway, New
York. Telephone Circle 7-3100. Cable ad-
dress "Quigpubco, New York." All con-
tents copyrighted 1934 by Motion Picture
Daily, Inc. Address all correspondence to
the New York Office. Other Quigley pub-
lications: MOTION PICTURE HERALD,
BETTER THEATRES, THE MOTION
PICTURE ALMANAC and THE CHI-
CAGOAN.
Hollywood Bureau: Postal Union Life
Building, Vine and Yucca Streets, Victor
M. Shapiro, Manager; Chicago Bureau: 407
South Dearborn Street, Edwin S. Clif-
ford, Manager; London Bureau: Remo
House, 310 Regent St., London, W. 1,
Bruce Allan, Representative. Cable address:
"Quigpubco, London"; Berlin Bureau:
Berlin - Tempelhof , Kaiserin - Augustastrasse
28, Joachim K. Rutenberg, Representative;
Paris Bureau: 19, Rue de la Cour-des-
Noues, Pierre Autre, Representative; Rome
Bureau: Viale Gorizia, Vittorio Malpassuti,
Representative; Sydney Bureau: 102 Sus-
sex Street, Cliff Holt, Representative; Mex-
ico City Bureau: Apartado 269, James
Lockhart, Representative; Glasgow Bureau:
86 Dundrennan Road, G. Holmes, Repre-
sentative; Budapest Bureau: 3, Kaplar-u,
Budapest, II, Endre Hevesi, Representa-
tive; Moscow Bureau: Civtzev Vrazhek,
N. 25, Apart. 146, Moscow, U. S. S. R.,
Bella Kashin, Representative. Cable ad-
dress: "Samrod, Moscow."
Entered as second class matter, January
4, 1926, at the Post Office at New York
City, N. Y., under Act of March 3, 1879.
Subscription rates per year: $6 in the
Americas, except Canada $15 and foreign
$12. Single copies: 10 cents.
Shows Again in St. Louis
St. Louis, Dec. 21. — Stage shows
return to the Missouri, F. & M. house,
on Christmas Day. After the first
week it is planned to put on 10 acts
of vaudeville in conjunction with the
usual two feature pictures. The ad
mission will continue 25 cents for
adults until 7:30 P.M. and 40 cents
thereafter, with 10 cents for children
at all times.
Lowe Gets Promotion
Hollywood, Dec. 21. — Edward T.
Lowe, who has been a member of the
Fox writing staff, has been made an
associate producer working with the
Sol Wurtzel unit.
Smith, Wilk Start East
Hollywood, Dec. 21. — A. W. Smith,
eastern and Canadian sales manager
for Warners, and Jake Wilk, head
of the story department, left for New
York today on the Chief.
Signs Frances Langford
Hollywood, Dec. 21. — Walter
Wanger has signed Frances Lang-
ford, former New York radio singer
to a long term contract.
Laemmle on Coast Dec. 24
Hollywood, Dec. 21. ■ — Carl
Laemmle, Jr., is due here Monday for
conferences with his father and James
R. Grainger.
Lasky Sees Bigger Profits;
Golden Waxes Philosophical
By JESSE L. LASKY
(.Continued from page 1)
producers can be trusted to turn out
showmanship attractions.
The success of new personalities has
been an outstanding development in
the industry's progress during 1934
and I am convinced the coming year
will witness another striking turn-
over of talent.
In choice of subjects to be filmed,
there will be marked departures from
the past. Routine plots will give way
to thematic ideas. Sex and bedroom
stories will disappear from the screen.
And sombre subjects will give way to
those which are cheerful and opti-
mistic.
Musicals, I predict, will become a
permanent part of the industry's pro-
gram. The tendency, however, is to-
ward fewer productions of this type.
Class musicals and light operas will
be favored.
Technical improvements will be
noted also in next year's product, par-
ticularly in color photography. Audi-
ences are now evidencing real interest
in color on the screen, and the 1935
pictures will contain more of it than
heretofore.
The much-publicized drive for film
reform brought splendid results and
played an important part in dignify-
ing the screen and raising the level of
entertainment. It proved a real factor
with the public, and will continue to
do so in 1935, contributing to bigger
grosses at the box-office.
The ordinary program picture has
failed to command success with the
public. Consequently, the producers
will aim, more than ever, for pictures
which combine distinction with popular
appeal.
First Division Set
To Start on Jan. 15
(Continued from page 1)
Jan. 15, when the unit starts work
on a Hoot Gibson western, the first
of four. No directorial assignment
has been made.
The company has four untitled fea-
tures also lined up for spring release.
John Curtis, vice-president and
treasurer, has returned to New York.
Detroit Opening Dec. 24
Detroit, Dec. 21. — First Division
will open its new exchange here the
day before Christmas, with an in-
formal housewarming. Harry H.
Thomas, president of First Division
Exchanges, will not be able to be here
because of a meeting in New York.
However, he made a trip here
Wednesday to work out the final de-
tails. Milton E. Cohen, for six years
city salesman for Columbia here, is in
charge.
By EDWARD GOLDEN
(Continued from page 1)
looking into the future, one is safe
if he is right today. Build each day
in the right way and tomorrow will
take care of itself.
We are in a business of showman-
ship and those of us who are fortunate
enough to be showmen have nothing
to fear in tomorrow.
Tomorrow is only tomorrow — and
today is beautiful !
Dowling III Long Time
London, Dec. 21. — Ambrose J.
("Bo") Dowling was unconscious for
two days before his death. He suf-
fered a stroke in New York 18
months ago, and another just before
leaving Radio last October. Ten days
ago flu and pneumonia set in.
The body will be shipped to Amer-
ica where Catholic funeral services
will be held. The boat has not been
selected.
Putnam to Honolulu
Hollywood, Dec. 21. — George
Palmer Putnam, chairman of Para-
mount's New York editorial board,
and his wife, Amelia Earhart, sail for
Honolulu Saturday on the Lurline.
The couple will spend three weeks va-
cationing in the islands.
Verne Porter on Own
Verne Porter, former story execu-
tive for a number of major film com-
panies and at one time editor of New
Movie, has opened offices as a literary
agent. For the past year he has been
in a partnership. The new venture
is solo.
Consolidated Up%on Big Board
Consolidated Film Industries.
Consolidated Film Industries,
pfd
Eastman Kodak,
Fox Film "A"...
Loew's, Inc
Paramount Publix . .
Pathe Exchange
Pathe Exchange "A"
RKO
Warner Bros
Net
High
Low
Close
Change
Sales
654
554
654
+ 44
14.300
2054
20
+ 44
6,400
112
11054
112
+144
1.300
1254
124-8
1244
— H
300
34i4
3344
33%
- 54
4,700
354
344
154
- 54
9,400
154
1
+ v»
500
14
1344
1344
400
244
246
244
2.100
454
454
454
- 54
2,700
Trans Lux Gains Eighth on Curb
High Low Close
Technicolor 1244 1254 1244
Trans Lux 256 2 254
Warner Bonds Drop Half
Net
Change
+
Sales
500
200
General Theatre Equipment 6s '40.
Loew's 6s '41, ww deb rights
Paramount Broadway 554s '51
Paramount F. L. 6s '47
Paramount Publix 554s '50
Pathe 7s '37, ww
Warner Bros. 6s '39, wd
Net
High
Low
Close
Change
Sales
954
854
854
- 54
5
10544
4454
1044i
10544
+ 44
27
4354
4354
-44
10
6254
62
62
—1
19
6254
62
62
- 54
18
10054
10054
10054
+ 54
1
59
5854
5854
- 54
23
< Purely
Personal ►
ABRAHAM LEHR, vice-presiden
of Samuel Goldwyn Prod., an<
Mrs. Lehr, now in from Europe
were away on a five-week busines
and pleasure trip to London an<
Paris.
Norton Ritchey, who leaves fo
the coast in March to attend Mono
gram's annual convention late tha
month, will go to Panama and Cen
tral and South America from Holly
wood for a short trip.
Jacques A. Koerpel of Eurek
Prod, has sold the rights to "For
gotten Men" in Austria to Dr. Hause
& Co. Rights to "Jungle Killer" hav
been sold to Mitzenfilms in Japan.
James Blakeley, New York young
ster. signed by Columbia seven
months ago, arrived from the coas]
by plane yesterday for a holiday visi i
W. Ray Johnston is trying t|
knock off a bad cold. Ditto for Rusj
sell Bell of Monogram's art d<
partment.
Max Cohen, manager of the "U:l
exchange, and Abe Leff, of Left
Myers Theatrical Corp., are on tl
Georgia on a holiday cruise.
Trem Carr will arrive from Holh .
wood the first week in January fcl
conferences with W. Ray JohnstoI
on Monogram production.
E. T. Carr, general sales man;
ger for United Artists in Englan
is due in New York tomorrow c
the Manhattan.
E. M. Newman is on his way
Florida to gather material for h
"See America First" series for Vit
phone.
Henry Armetta is driving aero
the country on a vacation trip wii
Mrs. Armetta and their daughte
Eleanor Griffin and Willia
Rax kin have sold an original, "Yc
Gotta Have Romance," to Paramour
Dave Snaper, New Jersey circt
owner, has recovered from the gr
and is back on the job.
Mady Christians, who has ju
finished work in "Wicked Womai
for M-G-M, is in New York.
May Robson arrives east tomorro
to spend the Christmas holidays wi
relatives here.
Y. Fran Freeman /eft yesterd;
for Atlanta to spend the holidays. D'
back in a week.
C. C. Pettijohn left yesterday i
a holiday vacation in Florida and w
return immediately after New Year';
Herman Robbins and family s;
today for a West Indies cruise on t
Vulcania.
Edward G. Robinson and Mi
Robinson and their son are due
Sunday for the holidays.
Nat Holt, RKO Cleveland divisi-
manager, has returned after home c
fice booking confabs.
Walter Eberhardt is back frc
Nassau full of sunburn and reflectic
Fifi Dorsay has been signed for
two-reel Yitaphone musical.
Edward M. Saunders returns frc
Hollywood on Monday.
Harry Thomas is in from Chica
today.
Pete Harrison's back from t
coast.
Saturday, December 22, 1934
MOTION PICTURE
DAILY
Operator Pay
Comes Up at
Talks Today
(Continued from page 1)
reached recently by union and exhibi-
tor heads. Where relief from booth
costs is sought, each case has been
handled individually.
In some instances the relief given
is as much as 15 per cent under the
scales invoked at the time Sam Kap-
lan was head of Local 306. It is hoped
by independents that when the basis
scale is set the percentage will be in-
creased.
At today's session, a second
report of the NRA fact finding
committee will be discussed. At the
meeting last week two proposals were
aired. One was for setting up a scale
based on seating capacity and admis-
sions. The other was for merging all
local operators' unions under the I. A.
T. S. E. for a term of years with Lo-
cal 306 men preferred for jobs. This
plan also called for arbitration at least
every one or two years for revision
of the local scales.
Independents want the allocation of
scales according to ability of the ex-
hibitor to pay.
No Change in Code
Authority Planned
(Continued from page 1)
administration members may be au-
thorized by the division administra-
tor to serve instead of full time ad-
ministration members," and this clause
has been availed of to continue the
present setup of the film code.
It was explained that the film
code representative would have to be
a man thoroughly familiar with the
industry and that it was considered
advisable that Compliance Director
Sol A. Rosenblatt and Deputy Ad-
ministrator William P. Farnsworth
should continue in charge.
Hollywood Personals
Hollywood, Dec. 21. — Constance Collier gets her first big role in
"Shadow of Doubt" at M-G-M. . . . Francis Lister gets a role in
"Cardinal Richelieu" at 20th Century. . . . Edwin Bernoudy, as-
sistant director, resigns at United Artists to join his former boss,
Sam Taylor, at Roach. . . . Mr. and Mrs. Frank Lawton will spend
Christmas in New York. . . . Hazel Forbes back from New York.
. . . "Spinning Mice," the first all color "Toddle Tale" novelty to
be released by Radio, in production. . . .Dudley Nichols completes
work on the script of "Crusaders" and leaves Paramount.
Report Middle West
For Scrapping NRA
(Continued from page 1)
that prevailing sentiment among busi-
ness leaders is that the NIRA should
be allowed to die June 16 next and
no new legislation should take its
place.
A brief supporting that position will
be submitted to the U. S. Chamber of
Commerce and to senators and repre-
sentatives in 14 central western states.
"It is the consensus that much good
has accrued through the operation of
the NRA," the brief states. "How-
ever, it is felt that adverse provisions
of codes and unfair rulings of ad-
ministrative officials have deterred
business and decreased employment to
a greater degree than the good other-
wise accomplished. In fact, such
drastic rulings have made it difficult
for many industries to survive, much
less prosper."
Mixed BiU Pulls
Heavily, Lincoln
Lincoln, Dec. 21.— The Orpheum
tops the list in the dough gathered
this week. In spite of the Christmas
slump, the opening three days of
"Love Time" and the Mamie Smith-
Andy Kirk colored stage show, fol-
lowed by "Silver Streak" for four,
which features the Burlington
Zephyr, a home town choo-choo, the
week took $3,700.
"Peck's Bad Boy" was all right for
$2,100, but the "Painted Veil" was
weak with $2,500.
Estimated takings for the week
ending Dec. 19 :
"LOVE TIME" (Fox)
ORPHEUM — (1,200), 10c-15c-25c, three
days with Mamie Smith stage show. "Sil-
ver Streak" (Radio) for four days.
Gross: $3,700. (Average, $2,300.)
"PECK'S BAD BOY" (Fox)
LINCOLN— (1,600). 10c-15c-25c, 7 days.
Gross: $2,100. (Average, $2,200.)
"POWER" (Gaumont British)
VARSITY— (1.100). 10c-2Sc, 7 days.
Gross: $1,200. (Average, $1,500.)
"PAINTED VEIL" (M-G-M)
STUART— (1,900), 10c-25c-40c, 7 days.
Gross: $2,500. (Average, $3,100.)
Against RCA Revision
Adoption of any plan for revising
the capital structure of RCA was ad-
vised against for the time being in
a report to the board of directors yes-
terday.
Philadelphia Tent
Will Meet Dec. 30
Philadelphia, Dec. 21. — All mem-
bers of the Variety Club, recently
formed here with Earle Sweigert of
Paramount as president, will hold a
special get together at the Warwick
Hotel on Dec. 30. Induction of offi
cers and granting of a charter took
place last Friday with John H. Har
ris of Pittsburgh attending.
Headquarters of the club have been
opened at 1910 Rittenhouse Square
It's a four-story building exclusively
for the organization.
Expect Big Cincy Party
Cincinnati, Dec. 21. — Eight hun-
dred children, wards of local orphan-
ages, are expected to attend Variety
Club's Christmas party Sunday at
the Netherland Plaza Hall of Mirrors,
where a 20-foot tree will be erected.
In addition to singing Christmas
carols, comedies and cartoons, donated
by local exchanges, will be shown, and
other entertainment provided. Each
child will receive an appropriate
present.
Transportation for the children and
their chaperons will be furnished by
the club.
Variety Takes in Baer
Cleveland, Dec. 21. — Max Baer,
heavy champ, was made an associate
member of the Cleveland Variety Club
at its last luncheon meeting, when he
and his young brother, Buddy, were
guests of honor. Buddy entertained
with a song, while his famous brother
told stories of the ringside.
"Painted Veil" at
,000, Portland
Portland, Dec. 21. — Pre-Christmas
shopping tended to cut down grosses,
in spite of a continued wealth of qual-
ity product. "The Painted Veil" was
held over at United Artists and in its
10-day run had a take of $9,000, or
$4,000 over a normal week.
"Anne of Green Gables" in its sec-
ond week at the Music Box secured a
take of $2,600, or $600 over the usual.
"Hell in the Heavens," supplemented
by a stage show at the Paramount,
rolled up a gross of $7,800, or $2,800
over normal.
Total first run business was $34,000.
Average is $27,000.
Estimated takings for the week end
ing Dec. 15 :
"BABBITT" (F. N.)
"STUDENT FOUR" (M-G-M)
BROADWAY— (1,912), 25c-35c-40c, 7 days.
Gross: $5,000. (Average, $5,000)
"THE FOUNTAIN" (Radio)
"CHEATING CHEATERS" (Univ.)
ORIENTAL— (2,040), 25c, 7 days. Gross
$1,800. (Average, $2,000)
"AGE OF INNOCENCE" (Radio)
HAMRICK'S ORPHEUM— (1,700), 25c
35c-40c, 7 days. Stage show. Gross: $4,'
800. (Average, $5,000)
"ANNE OF GREEN GABLES" (Radio)
MUSIC BOX— (1.000), 25c-35c-40c, 7 days,
2nd week. Gross: $2,600. (Average, $2,000)
"ONE NIGHT OF LOVE" (Col.)
MAYFAIR— (1,700), 25c-35c, 7 days, 4th
week. Gross: $3,000. (Average, $3,000)
"HELL IN THE HEAVENS" (Fox)
PARAMOUNT — (3,008) , 25c-35c-40c,
days. Stage show. Gross: $7,800. (Average
$5,000)
"PAINTED VEIL" (M-G-M)
UNITED ARTISTS— (945), 25c-35c-40c, 10
days. Gross: $9,000. (Average, $5,000)
Writ Won't Halt 'Dream'
Hollywood, Dec. 21. — The tempo-
rary injunction secured by A. A
Haendler, head of a Paris theatrical
agency, to restrain Max Reinhardt
from continuing work on "A Mid
summer Night's Dream" will not af
feet production on the picture, it was
learned at Warners today, although
the impresario is forced by the writ
to remain inactive until Dec. 27
Haendler charges Reinhardt broke a
contract to produce "Die Fledermaus'
in London several months ago.
Ruling Brings
Ascap Federal
Trial Nearer
Frank Real Dies on Coast
Hollywood, Dec. 21. — Frank Beal,
70, pioneer director, lately doing char-
acter acting, died last night after sev-
eral months' illness. He is survived
by Scott R. Beal, recently elevated
from assistant director to director at
Universal, and two daughters. Burial
will be tomorrow at Hollywood Ceme-
tery.
/. /. McGuinness Dead
Boston, Dec. 21. — J. J. McGuin-
ness, executive secretary of Allied
Theatres of Massachusetts, died unex-
pectedly this afternoon. He had been
suffering from a severe cold. Heart
failure is believed to have been the
immediate cause of death.
(Continued from page 1)
for an immediate trial in the event de-
lays are encountered in prosecution
of the Government's anti-trust action
against Ascap and other music li-
censing groups which would defer trial
of the Federal action to any length.
If, however, a speedy trial of the Gov-
ernment's action can be obtained, in-
dications are that the broadcasters'
suit may be permitted to rest and re-
vived only in the event of the Gov-
ernment losing its action.
Ascap apparently gained a point
by the opinion handed down yester-
day by Judge Mack, who held that
E. C. Mills, Ascap's general manager,
could file personal objections to an-
swering certain questions contained
in the broadcasters' interrogatory.
Judge Mack's ruling was made on the
grounds that if the questions objected
to by Ascap were relevant to proving
a monopoly against it, Ascap would
be incriminating itself by answering
them. Judge Mack held that in this
respect the privilege of any witness,
"which is not to answer questions
which may incriminate him," should
be extended to Mills.
Objects to Divulging Receipts
The questions objected to by Ascap
relate to the number of licenses it
has issued and the gross receipts from
them for a period of years up to 1933.
"If these are relevant to proof of
a monopoly," Judge Mack's opinion
states, "they are also relevant as tend-
ing to show a crime and, therefore,
are incriminating."
His ruling also applies to questions
seeking the names of all licensees
holding "operators' broadcasting li-
censes" and the income received from
them; the gross payments made by
Ascap to its members from 1917 to
1933 ; the number of U. S. and foreign
copyrighted musical compositions the
public performance rights to which
are held by Ascap, and the American
copyrights acquired by Ascap during
1933. Judge Mack also sustained
Ascap's objections to answering plain-
tiff's questions relating to salaries or
compensations paid to its president,
secretary and general manager from
1927 to 1933, and to questions as to
its operating expenses and attorney's
fees paid during the same period, on
the grounds that the questions were
immaterial.
Gene Buck, president of Ascap;
Louis Bernstein and Jerome Kern are
defendants in the action in addition to
Mills.
Awarded $75,000 in
Fox Leasehold Suit
Boston, Dec. 21. — A jury in Mid-
dlesex Superior Civil Court today re-
turned a judgment of $75,000 in the
suit brought by David Stoneman,
Boston attorney, against Fox Film
Corp. over commissions alleged due on
leaseholds he secured for two Fox
playhouses, subsidiaries of the picture
company, which could not complete the
deals because of bankruptcy.
Stoneman was out of town today.
At the Fox exchange the only state-
ment was : "The suit is settled as far
as we here are concerned."
MOTION PICTURE
DAILY
MOTION PICTURE DAILY*
HOLLYWOOD PREVIEW
" The Night Is Young"
(M-G-M)
Hollywood, Dec. 21. — Laid in a mythical locale, perhaps near Vienna
or Berlin. With a familiar plot with the framework of an archduke
(Ramon Novarro) that-away about a ballet dancer (Evelyn Laye) but
prohibited from marrying her by the previous selection of his mate by
his royal uncle, who looks like the late Franz Joseph, an operetta has
been evolved under Dudley Murphy's direction that conveys a Conti-
nental flavor.
Una Merkel, Edward Everett Horton, Charles Butterworth, Charles
Judels and Herman Bing are humorous delights in their respective
comedy roles, but the script takes meager advantage of their splendid
talents.
• Vicki Baum wrote the story with the screen play by Edgar Allan Woolf
and Franz Schulz. Oscar Hammerstein, 2nd, wrote the libretto and
Sigmund Romberg the music.
The production is heavy with so-called pomp, clank and uniforms,
larded over with Teutonic cliches of yesteryear. Novarro and Miss Laye
sing together while romancing. The music is technically good, but
tunes for the masses to whistle are missing. Murphy, known for un-
usual direction, here uses the usual technique. James Wong Howe, one
of Hollywood's ace cameramen, photographed well.
Where Novarro draws this may attract, but it will require energetic
resourcefulness to lift it above the average.
No code seal. Running time, 83 minutes. "G."
"White Lies"
(Columbia)
Hollywood, Dec. 21. — Dealing with a newspaper editor whose nose
for news dominates his finer senses, this one proves sufficiently enter-
taining. The story rambles in spots. However, good cast performances
lift the film perceptibly.
Walter Connolly is excellent as the hard-boiled editor who makes
Victor Jory a police chief to please Fay Wray, his daughter.
At the same time Connolly publicizes the thievery of Leslie Fenton,
who is doing his best to make good his former mistakes. The climax
features the murder of Miss Wray's friend by the accused Fenton and
the subsequent arrest of Miss Wray as the murderer.
Jory, in his role as police chief, feels obligated to prosecute Fay. He
winds up, however, by marrying the girl.
Harold Shumate has turned in a creditable script. Leo Bulgakov
displayed keen intelligence in the direction. Fenton, Connolly, Fay
Wray, and Irene Hervey, as Fenton's girl friend, turn in top notch per-
formances. Benjamin Kline's photography is good.
This is average entertainment, but will need shrewd exploitation for
box-office results. Production Code Seal No. 555. Running time, 74
minutes. "G."
"Million Dollar Baby"
(Monogram)
Hollywood, Dec. 21. — Based on a clever idea, this comedy affords
much opportunity for smart showmanship. Given a popular, topical
premise, the yarn tells of the discovery of another Shirley Temple.
Ham and Egg Trouper Ray Walker and Arline Judge, disguising their
son as a girl much to the kid's embarrassment, win the contest. Sneak-
ing off the train during his triumphant trip to Hollywood, the youngster
falls in with a tramp, later to become involved with a bunch of gangsters.
Believed kidnaped, the yarn builds flamboyant excitement to be climaxed
by a thrill chase and denouement revealing the pseudo Shirley as a boy.
Performances are uniformly good with Walker, as the father, and
George Stone, a publicity accelerator, outstanding. Concentrating on
comedy, the dramatic contrast in the closing sequences makes for un-
usual suspense. The triangle of romantic conflict between Miss Judge,
Walker and Jeannette Loff is secondary.
Joseph Stanley is credited with the original story and direction with
cooperation on the screen play by John Krafft. The picture apparently
has a hokum quality that should click in neighborhoods and smaller
houses and prove more than satisfactory to youngsters. Previewed with-
out production code seal. Running time, 65 minutes. "G."
4
Fines Imposed for
Use of Three Films
(Continued from page 1)
TJ. S. District Judge Murray Hulbert,
according to the Hays office. The
defendant was Dion Hoffarth of Yon-
kers.
The plaintiffs on the Harold Lloyd
picture were the Harold Lloyd Corp.
and Paramount Picture Distributing
Corp. The plaintiffs on the two Van
Beuren shorts were Pathe Exchange,
Inc. ; the Van Beuren Corp. and
RKO-Pathe Distributing Corp. Ga-
briel L. Hess was attorney for the
plaintiffs.
The testimony showed that the
Copyright Protection Bureau discov-
ered the Lloyd film being shown in
Maine under the title "Hollywood
Bound."
Providence Hit by
Free Radio Program
(Continued from page 1)
a free radio "amateur night" each Sat-
urday at the Metropolitan, sponsored
by Bamby bread. Last Saturday's
show drew around 2,000 patrons.
These "amateur nights" are a real
menace to theatre men, they contend.
The radio sponsors pay for the air, a
band and then offer small cash prizes
for the appearance of between 20 and
40 "entertainers."
Seattle First Runs
Drop Double Bills
(Continued from pane 1)
several months of duals. This house
will play extended runs from Ham-
rick's Music Hall, and will also book
first runs when extended runs are not
available.
Last to abandon duals will be the
Paramount, which started them six
weeks ago with vaudeville in addition.
Christmas week will see the end of
double features there.
Trans-Lux Officers
Hold Their Control
(Continued from page 1)
of the Albee estate, were elected to
the company's board of directors at
the meeting.
It had been previously revealed at
the first half of the meeting, which
was held Wednesday, that the com-
pany earned a net profit of $168,985
for the 10 months ended Oct. 31, suf-
ficient to warrant another 10 cents
dividend, bringing total payments for
this year to 20 cents.
Arthur C. Melvin Hurt
Baltimore, Dec. 21. — Arthur C.
Melvin, Fox salesman for many years
here, is in a hospital suffering from
a fracture of the left arm, broken
ribs and possible internal injuries
which he received when he was struck
by an automobile while crossing
North Avenue near Druid Hill Ave-
nue last night. He is in a serious
condition.
Haveth E. Mau Injured
Cincinnati, Dec. 21. — Haveth E.
Mau, receiver for the Shubert and
Cox here, under whose supervision the
houses are operating, suffered a
broken collar bone and other injuries
when his automobile struck a tele-
phone pole. His condition is not
serious
Flash Review
The Prescott Kid — .... as rip-
roaring a western as the star (Tim
McCoy) has ever appeared in. . . .
This film will be reviewed in full in a
later issue of Motion Picture Daily.
Saturday, December 22, 1934
Short Subjects
"Pathe News"
(Radio)
Pathe News editors have here com-
piled an interesting record of excit-
ing news events during 1934. The
fields of sports, politics, crime, avia-
tion and industry are covered.
The reel opens dramatically with
flashes of the havoc caused by war,
cold, droughts, floods and fire. It
then reviews with brief scenes, but
effective in their brevity, Dillinger,
Hauptmann, riots, strikes, European
monarchs and dictators, Russia, flights
over the Pacific and other interesting
developments in aviation, Max Baer
training for his fight with Camera,
the streamlined train and so on into
the new developments of the NRA.
Running time, 10 mins.
"Don Quixote**
(Celebrity)
This is a burlesque of Cervante's
immortal story. Audiences anywhere
should find a great deal of entertain-
ment here for the story is funny, the
musical accompaniment good and the
coloring extremely striking.
An inmate of an insane asylum
reads the story of a knight of olden
times and imagines that he himself
is Don Quixote. He escapes from his
cell and goes forth to battle a wind-
mill, to come out second in the en-
counter. He then strives -to rescue
what he feels is a maid in distress
only to have her turn out to be an
ugly old maid. As a result of this
encounter he is glad to return to the
asylum. Reviewed without Produc-
tion Code Seal. Running time, 8
mins. "G."
" Henry* s Social Splash**
( Universal)
Henry Armetta makes this short,
a Warren Doane production, one of
the funniest comedies Universal has
released in a long time. When his wife
and daughter wheedle him into going
to Newport for a fling at society life,
Henry finds himself in strange waters.
The formalities of society irk him.
In the end he busts and vents his
anger on everyone in sight. Other
players are Elaine Baker, Sylvia
Picker, Franklyn Pangborn, Lucien
Prival and Fred Kelsey. Code seal
No. 368. Running time, 21^4 mins.
"The Whole Show**
( U niversal)
James Barton has an opportunity
to display his various talents in this
short, which is nothing more than
vaudeville. The performer gives a
good account of himself. The film is
a melange of song, dance and humor.
On the program with Barton are
Gladys and Will Ahearn, the Arkansas
Travelers, Kathryn Penman, John
Barton and the dance team of Beverly
& Revel. This has much to recom-
mend it. Code seal No. 0220. Run-
ning time, 20 mins.
Court Weighs Photo Suit
Boston, Dec. 21. — Municipal Court
Judge Charles L. Carr has taken
under advisement the $50,000 suit
brought against the Park Entertain-
ment Corp. by Fofo Lauk of New
York, who alleges the unauthorized
use of her photograph in a lobby dis-
play at the Park, operated by the com-
pany.
The Leading
Iiew^De?j\
Motion^
Picture
Industry
MOTION PICTURE
DAILY
Alert,
Intelligent
the I
in All
Branches
VOL. 36. NO. 148
NEW YORK, MONDAY, DECEMBER 24, 1934
SEC Calls for
Bonus, Salary
Payment Facts
All Sums Over $20,000
To Be Required
Washington, Dec. 23. — Under the
:erms of the new regulations requir-
ing filing of corporation data with the
Securities Exchange Commission,
salaries, bonuses and security holdings
if higher salaried executives must be
Tiade available for the commission's
study.
All officers and directors receiving
&ver $20,000 in the last fiscal year
A'ill come under this regulation.
Profit-sharing plans are included in
|he reports. In addition, all officers
and directors receiving $30,000 or over
must be identified in the reports.
In addition, the same information
kvill be required for all persons re-
reiving more than $20,000, paid di-
rectly or indirectly, whether or not
they are officers or directors of a
corporation, excluding those acting
(Continued on page 4)
'Devil Dogs" to Be
Warner-Cosmo Start
Hollywood, Dec. 23. — "Devil Dogs
kf the Air,'' co-starring James Cag-
|aey and Pat O'Brien, with Margaret
tiadsay in the leading feminine role.
ias been picked for the first Cosmo-
politan picture to be released by War-
;iers under the new affiliation between
llie two companies. National release
,ias been set for Feb. 9.
The decision was made during the
, ecent conferences here between Harry
;»!., Jack L. and Albert Warner ; Hal
Wallis, Warner production execu-
tive; A. W. Smith, Jr., eastern and
■Canadian sales manager, and E. B.
.-latrick, vice-president of Cosmopoli-
tan. Studio and distribution executives
.egard the picture as best adapted to
Hearst exploitation possibilities.
Reisman Likes New
RKO Setup Abroad
Expressing himself as completely
atisfied with the new executive man-
agement setup recently adopted for
ladio Pictures. Ltd., Phil Reisman,
ead of Radio's foreign distribution,
*?turned Saturday from conferences
i London.
Reisman predicted marked progress
or the RKO British subsidiary under
ie new management board composed
E E. D. Leishman, chairman, Ralph
[anbury, general manager ; Frank
illey and C. Dawson.
TEN CENTS
Production Cut Predicted;
Films 9 Appeal Seen Wider
By NED E. DEPINET
President, RKO Dist. Corp.
In 1934, for the first time in years,
producers made a thorough inventory
of the industry.
The stock-
taking showed
them remark-
able things.
They found a
truly remark-
able advance in
the public taste.
They saw mo-
^r ^Jm^ t'on pictures
~ , i winning thou-
Bk £i$W »amU of new
tv-v iViends with in-
Wttf: ' t.-lliment, enter-
^^■^ taining screen
versions of lit-
erary treasures and of stories and
(Continued on page 4)
By JOSEPH M. SCHENCK
President, United Artists
The year 1935 will be significant
for bringing the producer and public
into closer fo-
cus of viewpoint.
We enter the
New Year with
a knowledge of
what the public
demands grow-
ing continually
more definite
and clear. And
with that knowl-
edge, the indus-
try moves to
shape its course.
The producers
realize that it
will be necessary for them as indi-
viduals to make fewer pictures. That,
(Continued on page 4)
England Gets
Restive Over
Free Showings
By BRUCE ALLAN
Loxdox, Dec. 23. ■ — Exhibitors
throughout Great Britain have been
asked to send to the general secretary
of the C. E. A. details of the "free
show" evil as it affects their districts.
The intention is to accumulate evi-
dence for presentation to the Board of
Trade with a request for special regu-
lation of these shows.
Assertion is made that safety regu-
lations are disregarded at exhibitions
held for advertising and other pur-
poses, and also that the obligation to
show a percentage of British films
does not apply to "free" shows.
Exhibitions of this type are fre-
quently held in halls not licensed under
the Cinematograph Act.
♦ 4s ♦
The fall in the profits of the Asso-
ciated Provincial Picture Houses was
ascribed to the competition of new
(Continued on page 4)
Custom Rebates on
Film Set in Canada
Toronto, Dec. 23. — The Canadian
Department of Customs has made a
ruling with regard to the importation
of film subjects from British studios
whereby the Canadian importer is now
(Continued on page 2)
Suit Impends
In St. Louis
On F.N. Film
St. Louis, Dec. 23. — That a suit
impends over first run rights to First
National pictures was made evident
here last week during a bankruptcy
hearing of Skouras Brothers Enter-
prises, Inc., before Referee Hope.
During the course of testimony by
Clarence M. Turley, manager of the
Ambassador and Missouri theatre
buildings for the bondholders' com-
mittee which bought them at fore-
closure, it developed that a 23-year
contract for First National product
had been cancelled in 1932 by Skouras
Super Theatres Co. Half the stock
of Skouras Super Theatres was owned
by Skouras Brothers Enterprises and
half by Paramount Publix.
The suit, if brought, will be based
on the ground that the First National
franchise was part of the assets cov-
ered by a Central Properties mort-
gage. This was transferred to
(Continued on page 4)
New Tax Hits Funds
Sent Out of Mexico
By JAMES LOCKHART
Mexico City, Dec. 23. — Distributors
and others who are obliged to send
money abroad for the payment of any-
thing but merchandise are now sad-
(Cantinued on page 2)
Make Further
Moves to Join
Local Unions
Revised Pay Scales Also
Discussed at Confabs
The Greater New York projection-
ists' unions wall come under an organi-
zation having a new name if current
efforts to consolidate Local 306, Allied
and the Empire State unit are success-
ful, it was learned Saturday after con-
ferences of union offiicials, theatre
representatives and Compliance Direc-
tor Sol A. Rosenblatt at Code Author-
ity headquarters.
Conferences on merging the unions
and thus bringing about a cessation of
picketing, as well as to agree on a
revised booth w^age scale for Greater
New York, continued over the week-
end. Suggestions were considered for
basing the wage scale on a point sys-
tem to be determined by capacity, run
and admission price.
_ Attending the meeting in addi-
tion to Rosenblatt were Charles L.
O'Reilly, Harry Brandt, C. C. Mos-
kowitz, Marvin Schenck, George
Browne and Leslie E. Thompson.
Omaha Houses Stop
Ads in Rate Fight
Omaha, Dec. 23. — Twenty subur-
ban houses and one downtown split
first and second run house, the Town,
have withdrawn their advertising from
the Omaha Bee-News, Hearst news-
paper. _ It is understood a squabble
over failure to secure reduced ad rates
brought the suburban managers to the
decision to withdraw.
The Muse, managed by August
Hermann, is the lone suburban to stick
with the Bee-News and as a conse-
quence it is getting unprecedented pub-
licity play from the newspaper. The
boycott started quietly over two weeks
ago.
Joseph Engel Joins
Fox as a Producer
Hollywood, Dec. 23. — Joseph Engel,
a veteran in production and for years
with the old Metro company, has been
made an associate producer at Fox
His first will be "Ten Dollar Raise,"
which Lew Seiler will direct.
No Paper Tomorrow
Motion Picture Daily will
not publish on Christmas
Day, Tuesday, Dec. 25.
!
MOTION PICTURE
DAILY
Monday, December 24, 1934
MOTION PICTURE
DAILY
(Registered U. S. Patent Office)
Vol. 36
December 24, 1934
No. 148
Martin Quigley
Editor-in-Chief and Publisher
MAURICE KANN
Editor
JAMES A. CRON
Advertising Manager
Published daily except Sunday and holi-
days by Motion Picture Daily, Inc., sub-
sidiary of Quigley Publications, Inc.,
Martin Quigley, President; Colvin Brown,
Vice-President and Treasurer.
Publication Office: 1790 Broadway, New
York. Telephone Circle 7-3100. Cable ad-
dress "Quigpubco, New York." All con-
tents copyrighted 1934 by Motion Picture
Daily, Inc. Address all correspondence to
the New York Office. Other Quigley pub-
lications: MOTION PICTURE HERALD,
BETTER THEATRES, THE MOTION
PICTURE ALMANAC and THE CHI-
CAGOAN.
Hollywood Bureau: Postal Union Lite
Building, Vine and Yucca Streets, Victor
M. Shapiro, Manager; Chicago Bureau: 407
South Dearborn Street, Edwin S. Clif-
ford, Manager; London Bureau: Remo
House, 310 Regent St., London, W. 1,
Bruce Allan, Representative. Cable address:
"Quigpubco, London"; Berlin Bureau:
Berlin - Tempelhof , Kaiserin - Augustastrasse
28, Joachim K. Rutenberg, Representative;
Paris Bureau: 19, Rue de la Cour-des-
Noues, Pierre Autre, Representative; Rome
Bureau: Viale Gorizia, Vittorio Malpassuti,
Representative; Sydney Bureau: 102 Sus-
sex Street, Cliff Holt, Representative; Mex-
ico City Bureau: Apartado 269, James
Lockhart, Representative; Glasgow Bureau:
86 Dundrennan Road, G. Holmes, Repre-
sentative; Budapest Bureau: 3, Kaplar-u,
Budapest, II, Endre Hevesi, Representa-
tive; Moscow Bureau: Civtzev Vrazhek,
N. 25, Apart. 146, Moscow, U. S. S. R.,
Bella Kashin, Representative. Cable ad-
dress: "Samrod, Moscow."
Entered as second class matter, January
4, 1926, at the Post Office at New York
City, N. Y., under Act of March 3, 1879.
Subscription rates per year: $6 in the
Americas, except Canada $15 and foreign
$12. Single copies: 10 cents.
Custom Rebates on
Film Set in Canada
{Continued from page 1)
able to secure a refund of duty on re-
leases which are not retained for dis-
tribution in the Dominion. The Gov-
ernment requires the payment of full
duty on all film shipments from any
foreign source, but the concession of
a refund has been granted in the case
of prints from the United Kingdom
which are returned without public
presentation.
The two large importers of British
films are Regal Films, Ltd., and Em-
pire Films, Ltd., both of Toronto.
They have followed the practice of
having new pictures previewed by rep-
resentatives in London, and those con-
sidered unsuitable for Canadian con-
sumption have been rejected on the
spot. Even under this plan, some fea-
tures have been sent back after in-
spection in Canada and the distributor
has been out the amount of the duty,
plus shipping charges.
Ohio Tax Starts Jan. 1
Columbus, Dec. 23. — Although col-
lection of the retail sales tax will
not start until Jan. 10 to 15, the
three percent on gross theatre admis-
sions is to be computed from Jan. 1.
Exhibitors are to make remittance for
the tax on or before the 10th of the
month following the 30 days in which
the admissions are paid.
Insiders' Outlook
ANY time Dave Selznick tires
of production, a discriminat-
ing employer could do worse than
take him on as a first-class propa-
gandist, sometimes known as a
public relations counsel. For
Dave, facing expiration of his
M-G-M contract in February, has
turned in a swell job for himself
and his cause. Those stories,
planted around, about (1) a tie-
up with "Jock" Whitney and
Pioneer (Technicolor) Pictures
and (2) a memorial company
perpetuating the name of Lewis
J. Selznick, have worked out emi-
nently well. Which is another
way of saying Leo will renew
with Dave at the same, or a big-
ger, fancy weekly stipend. It's
$4,000 now, you know. . . .
T
A fact or so about John Boet-
tiger, a new assistant to Will
Hays. Long a Chicago Tribune
ace and for the last two years,
the fellow who has been whipping
his paper's editorial excitement
against the New Deal into lead-
ing questions for the President to
answer or no at those famous
White House press conferences
twice a week. Yet by way of noting
how these matters often go and
according to Westbrook Pegler,
Boettiger and the President are
close friends out of the political
arena. Boettiger also is the chap
whose name has been linked ro-
mantically with Anna Dall,
Roosevelt's daughter. Some
Washington correspondents have
wired their papers the engage-
ment leading to a wedding is
approaching. A President's son-
in-law in the Hays office would
be something new. . . .
T
Perhaps getting ready early
for his Christmas, a make-up man
succeeded in misplacing a para-
graph in this department last
Wednesday with results mislead-
ing and somewhat embarrassing.
The inadvertent prank made it
appear that the Paramount stock-
holders' committee, which is
championing the appointment of
more company and industry men
to the board of the new com-
pany, is taking that position be-
cause, to quote from the wander-
ing paragraph : "A heavy repre-
sentation of company men (on
the board), they contend, would
make of it a 'rubber stamp' body,
inclined to give unquestioning
approval to anything bearing an
executive recommendation." . . .
T
Had that paragraph appeared
in its correct place in line, it
would have explained, as was
intended, the objections of the
creditor factions opposed to the
election of company men to the
board. These factions hold that
the specialized advice of company
executives will be available to the
new board, whether or not those
executives are members of that
body. It is those groups frown-
ing on the election of company
men who entertain the apprehen-
sion that a board of company
executives might become a "rub-
ber stamp" group, which, they
feel, thus might give approval to
policies which led Paramount
into financial difficulties in the
past. . . .
▼
The view of the stockholders'
committee, like that of most
others within the industry, is that
a board top-heavy with bankers
and economists strange to the
ways of filmdom, is more likely to
stumble into pitfalls which ordi-
narily would be sidestepped by a
board of industry executives, fa-
miliar with the paths that must
be traveled. The danger from the
uninformed, this committee holds,
is more immediate than that from
company "cliques." In the mean-
time, as is its habit, time moves on
and December 27, as important a
M-G-M Pfd. New High on Big Board
High
Columbia Pictures, vtc 37/
Consolidated Film Industries 6J/£
Consolidated Film Industries, pfd 20/
Eastman Kodak 111/
Fox Film "A" 12$i
Loew's, Inc : 34/
Loew's, Inc., pfd 104
M-G-M, pfd 28/
Paramount Publix. cts 3J-6
Pa the Exchange 1/
Pathe Exchange "A" 13/
RKO 21<t
Warner Bros 4/
Net
Low Close Change
37J4
6
20
37/
6/
20
110?| 111
12*6 12H
337/8
104
28/
3/
1
mi
4/
34
104
28/
354
1
13*4
2Vt
4/
+ 'A
- /
- v»
Trading Light on Curb Market
Net
High Low Close Change
Technicolor 12?^ 12^ 12H
Trans Lux 2% 2 2V&
Keith Bonds Rise Two Points
High
General Theatre Equipment 6s '40 8/
Keith B. F. 6s '46 70
Paramount F. L. .6s '47 6134)
Paramount Publix 5/s '50 6134
Warner Bros. 6s '39, wd 58/
Sales
100
2.400
1.000
1,000
300
2,900
100
100
4.100
500
100
1.100
600
Sales
300
400
day as any in Paramount's his-
tory, nears. It's worth keeping
an eye on. . . .
T
William Randolph Hearst con-
tinues to wave the editorial baton
at Red propaganda which alleg-
edly crimsons part of the Holly-
wood output. One line in the
latest effusion, to wit: "People
do not want propaganda of any
kind thrust into their entertain-
ment" is true enough, however,
and might well be taken to the
film colony bosom. Beyond that,
poof. . . . Charles E. Richardson,
now a Paramount trustee, may
stay there, but as a vice-presi-
dent. Some talk Eugene Leake,
also a trustee, will figure in the
new management. . . .
KAN N
Purely
Personal
ARCHIE FEIN BERG has taken
over the N«sw York office of In-
ternational Seat Corp. His brother
J. George Feinberg, in charge of sales
will be transferred to the factory al
Union City, Ind., after the first of the
year. Peter Masucci, installation
engineer, will go with him.
James O'Brien New England rep
resentative for International Seal
Corp., has also been appointed New
England representative for the U. S
Air Conditioning Corp.
Irving Browning addressed the
Film & Photo League on "The Camen
and Its Present Possibilities" last
night.
Joe Friedman, Columbia'* genera
representative in England, is ii New
York for talks with Foreign Sale;
Manager Joseph H. Seidelman.
Paul Sloane has delayed his de
parture west and now will be in towr
for Christmas.
Bill Frank is in New York for ;
week. Then back he goes to his Para
mount post in Boston.
E. T. Dawson has taken charge oi
sales promotion for Cosmopolitai
Studios.
New Tax Hits Funds
Sent Out of Mexici
{Continued from page 1)
died with another tax. This is thi
absentees' impost, a levy ranging fron
two to four per cent on all mone;
sent abroad that is earned in any wa;
in Mexico. The impost nicks divi
dends, profits and any other earning
in this country that are sent beyom
its borders, but does not affect fund
importers send to foreign lands fo
the purchase of goods that will b
distributed in Mexico. In the case 0
distributors and others in the industr
who send funds abroad, the absentee;
impost is two per cent.
Net
Low
Close
Change
Sales
8/
s/
2
70
70
+2
2
61/
6P/
- y*
7
61M
em
—i
1
58/
58/
3
Roxy Premiere Set
Philadelphia, Dec. 23. — Prominer
New York film men were among thos
who attended an invitational per
formance at the Mastbaum tonigh
The theatre formally opens its door
Christmas Eve with a stage show cor
ceived by Roxy and "Sweet Adeline
on the screen.
The Most
TRUSTWORTHY
STELLAR acting... inspired direction
...superb camera technique... should
these elements of a hit ever be jeopardized
by use of any but the most dependable
film? Unmatched scientific research, manu-
facturing experience, and distributing facil-
ities... brilliant performance every day, all
over the world... these factors all point to
Eastman Super-Sensitive "Pan" as the
most trustworthy negative for any picture.
Eastman Kodak Company, Rochester,
N. Y. (J. E. Brulatour, Inc., Distributors,
New York, Chicago, Hollywood.)
EASTMAN Super-Sensitive
Panchromatic Negative
4
MOTION PICTURE
DAILY
Monday, December 24, 1934
Production Cut Predicted;
Films 5 Appeal Seen Wider
SEC Calls for
Bonus, Salary
Payment Facts
{Continued from page 1)
as transfer agents, registrars, trustees
under corporate mortgages or in like
capacity.
In the reports, data must be fur-
nished as to securities owned by any
director, officer or underwriter dur-
ing the three years preceding enact-
ment of the law, and all persons own-
ing more than 10 per cent of any class
of equity security must be named.
Corporations must report their gross
sales unless the commission decides,
after application, that disclosure of
this information would be harmful
to the corporation.
Joseph P. Kennedy, chairman of the
commission, anticipates little opposi-
tion to the regulations, he says.
They were framed, he states, after
consulting with accountants and in-
dustry representatives and were about
"as reasonable as could be expected."
He also indicated that the commis-
sion hopes to make the reports "less
cumbersome and less expensive."
A primer of instructions is being
issued with the reports. One of the
important requirements in connection
with the detailed reports on securities
outstanding, or to be issued, is that
earned surplus must be reported
separate from capital and paid-in
surplus, and, where other companies
are controlled, individual reports for
the subsidiaries as well as consoli-
dated reports will be required.
Many Film Concerns
Dissolved in Albany
Albany, Dec. 23. — Among the
15,000 New York corporations recent-
ly dissolved by Secretary of State
Edward J. Flynn for failure to file an
annual franchise tax return during the
past five years are found 41 film com-
panies.
Those companies dissolved are :
Arlington Pictures, Inc.; Bay State Film
Sales Co., Inc.; Bellwyn Motion Fictures
Corp.; Boston Pictures Corp.; Color Life
Motion Pictures, Inc. ; Concordia Sound
Film Corp. of America; Dependable Film
Corp.; Etchcraft Film Studios, Inc.; Fa-
mous Italian Pictures Corp.; Fielder's
Film Facts, Inc.; Forrest Films. Inc.;
Gold-Hawk Pictures. Inc.; Gold Talking
Pictures Corp.; Goodart Pictures, Inc.;
Harmony Pictures Corp.; Hedwig Motion
Picture Laboratories, Inc. ; Hollywood In-
dustrial Film Corp.; Hollywood Screen
Gems, Inc.; Humanitarian Fictures, Inc.;
Imperial Pictures, Inc. ; Manhattan Slide
and Film Co.. Inc.; Motion Picture Ex-
hibitor Publishing- Co.. Inc.; Neslo Picture
Corp.; Notable Pictures Corp.; Oxford
Film Exchange, Inc.; "Padlocks" Produc-
ing Co.. Inc.; Peerless Fictures Corp.;
Piermont Motion Picture Corp. ; Public
Safety Pictures, Inc. ; Radiotone Pictures
Corp. ; Rainbow Pictures Corp. ; Rejuvena-
tion Film Co.. Inc.; St. Regis Pictures
Corp.; B. P. Schulberg Prod., Inc.; Sound
Films Distributing Corp. ; Sphinx Films.
Inc.; Tompkins Moving Picture Corp. and
the World Talking Picture Corp.
Wilmington Local Elects
Wilmington, Dec. 23. — Philip Jones
of Wilmington has been elected presi-
dent of Local 473, I.A.T.S.E. Leon
H. McCarus is vice-president ; Albert
B. Williams, secretary ; Edward T.
Veasey, financial secretary and trea-
surer ; Walter F. Scott, Sr., business
manager ; Thomas V anell, sergeant-at-
arms ; Albert Hughes and George A.
Joseph, additional members executive
board.
By JOSEPH M. SCHENCK
(Continued from page 1)
certainly, will be one of the salient
points of progress for 1935. It is the
key to better pictures, since it enables
the producers to give consideration to
those factors which answer the pub-
lic's demands. That there will be
fewer pictures is indicated by the rec-
ord of the past. There were fewer
pictures in 1934 than in 1933. Simi-
larly, there will be even less in 1935.
No certain type of picture will domi-
nant the field for popularity in 1935.
I do not anticipate a recurrence of
"cycle years." The things that will
count are quality and entertainment
value. Casting will become more im-
portant in the coming year, for the
public more and more is demanding
actors who are able to interpret their
roles.
I have no criticism to offer of the
Legion of Decency. Rather do I offer
my thanks. There are subjects in life
that cannot be treated in a Pollyanna
way, but so long as they are treated
with sincerity, understanding and art-
istic beauty, they will not be banned
from the screen. Worthwhile pictures,
on the whole, will be benefited.
The coming year will see an at-
tempt to popularize grand opera on
the screen. But I do not think that
grand opera, of itself, will prove suc-
cessful. I feel that by incorporating
arias and the dramatic situations of
operas as part of a film drama, a type
of screen play with an operatic back-
ground or undercurrent can be evolved
which will prove highly successful.
By NED E. DEPINET
(Continued from page 1)
plays which have been dear to the
hearts of millions.
The result has been an amazing
rounding-out of every company's pro-
gram. For the first time, the motion
picture is appealing to every sort and
condition of men, women and children.
Our audience, I feel, has been in-
creased by countless thousands.
For 1935, I can hope for nothing
better than further expansion of this
wholesome development. Alert and
vigorous showmanship on the part of
the exhibitor will do the rest.
Ohio Men Optimistic
On New Year Outlook
Columbus, Dec. 23. — Film men gen-
erally are not only hopeful, but confi-
dent that business will show a decided
upturn after Jan. 1. Their optimistic
attitude is predicated on availability of
better product, improved conditions in
commercial and industrial lines and
elimination of the 10 per cent admis-
sion tax, which has been suspended
for one year from Jan. 1.
The consensus of opinion is that the
impost has had an adverse effect on
the box-office, in that it has confined
attendance of many patrons to one, or
possibly two, shows a week. By the
same token it is figured that with the
tax definitely off, patrons again will
attend often.
Dick Powell Re-signed
Hollywood, Dec. 23. — Dick Powell
has been signed by Warners to a new
seven-year contract.
England Gets
Restive Over
Free Showings
(Continued from page 1)
theatres by Mark Ostrer, presiding at
the annual meeting in London. One
of the A.P.P.H. houses, he said, had
opposition from four new supers, with
a total capacity of nearly 8,000.
"In my opinion, it is very doubtful
whether many of the new theatres all
over the country can be operated at a
profit," said Ostrer. He supported
the C E. A. campaign against over-
building as expressed in the pamphlet
"Are There Too Many Cinemas?"
A. P. P. H., a Gaumont British
subsidiary, made £83,994 against
£113,963. Year's dividend, six per
cent, against 10 per cent last year.
* * *
UniversaPs "Great Expectations" is
to have a premiere run at the Capitol,
London, a G. B. house, with a season
at the Marble Arch Pavilion to fol-
low. It will play the whole G. B.
circuit.
* * *
The Gaumont Palace, Chelsea, Lon-
don, has been opened. A 3,000-seater.
the new hall gave a daily change of
program for the first three days.
* * *
The first Toeplitz Prod., "The Dic-
tator," will probably open in Paris at
the beginning of February. Both
Madeleine Carroll and Clive Brooks,
the leads, are expected to be present.
The London and New York premieres
will follow immediately.
Invents Color Measurer
Boston, Dec. 23. — An instrument
that may be of value in perfecting
color pictures, a spectrophotometer,
has been designed by Professor Arthur
C. Hardy of the physics department of
the Massachusetts Institute of Tech-
nology. This device makes it possi-
ble to define and to duplicate any color
to an exact degree. The method em-
ployed is that of comparing the bright-
ness of any given specimen at each
wave-length with that of a standard
white object. With the color-analyzing
machine, it is possible to accomplish
in several minutes what the best pre-
vious method required several hours
to approach, it is claimed.
Preparing Moore's Next
Hollywood, Dec. 23. — Grace Moore
is back following a concert tour. Her
next for Columbia will be based on
an original idea now titled "On the
Wings of Song."
Luigi Luraschi Married
Hollywood, Dec. 23. — Luigi Lu-
raschi. head of foreign publicity for
Paramount, has been secretly married
to Lillian Holgate of Pasadena.
Suit Impends
In St. Louis
On F.N. Film
(Continued from page 1)
Skouras Super Theatres and cancelled
following payment of $300,000. Re-
moval of the mortgage assets with-
out consent of bondholders was il-
legal, it is contended.
Thomas N. Dysart, chairman of the
bondholders' protective committee, tes-
tified that Warners had opposed leas-
ing of the Ambassador, Grand Cen-
tral and Missouri theatres to Allan
Snyder and had warned him the house
would not be able to get first run
product. Frederick H. Kreismann,
former mayor and a member of the
committee, verified this statement.
The suit will take the form of a
demand for an accounting from War-
ners, it was testified, as the bond-
holders' protective committee has au-
thorized Nelson Cunliff, trustee, to
intervene in an action in the Circuit
Court, provided he does not agree to
pay a share of the court costs.
Joseph H. Grand, attorney for the
committee, said he was considering
legal action against former directors
of various Skouras enterprises in con-
nection with contracts, leases and
other transactions for the purpose of
reducing the S4,050,000 claimed to be
due under a bond issue.
Flash Previews
_ I've Been Around — . . . possibili-
ties for fair entertainment when
properly edited. . . .
Charlie Chan in Paris — . . . This
one should set well with Chan fol-
lowers. . . .
These films will be reviewed in full in a
later issue of Motion Picture Daily.
Atlanta House to Open
Atlanta, Dec. 23.— The Georgia
Theatre, dark for eight months, will
reopen Christmas Day. This marks
the active operation of all theatres in
Atlanta except the Erlanger, legitimate
house. The Georgia was formerly the
vaudeville house here, but its new
policy will be pictures only.
To Meet on A.A.A. Tieup
Hollywood, Dec. 23. — Lacking only
a few votes from class A members
necessary to ratify a plan to affiliate
with the A. A. A., the Screen Actors'
Guild will hold a mass meeting on
Jan. 16 to acquaint all members with
details of. the proposed tieup.
Rivkin to Hal Roach
Joe Rivkin has been signed by Hal
Roach as eastern talent scout and for
special exploitation and publicity work,
with headquarters at the M-G-M home
office. Rivkin leaves for the coast Jan.
1 for studio conferences.
Gallagher Incorporates
Boston, Dec. 23. — Two new amuse-
ment companies have been formed here
by Mark E. Gallagher, Jr., and he is
president and treasurer of each. The
concerns are called Majco Amuse-
ment Co. and Majestic Amusements,
Inc.
The Leading
Motior
Picture
Industry
MOTION PICTURE
DAILY
Alert,
Intelligent
the In
in All
Branches
VOL. 36. NO. 149
NEW YORK, WEDNESDAY, DECEMBER 26, 1934
TEN CENTS
MPTOA Urges
Need of Code
Overhauling
Bulletin to Membership
Points Out Faults
The necessity of entirely revising
he code when and if Congress enacts
lew NRA legislation next June is
uggested as a possibility in a cur-
ent bulletin issued by M. P. T. O. A.
p exhibitor members on Monday.
Reviewing the year of operation of
he code, the bulletin states that "per-
laps it will be necessary to revise the
vhole motion picture code, simplify
.nd clarify its provisions in the light
•f experience, remove the dead wood
nd take out the jokers, put in the
mportant unfair trade practices
•mitted at present, place more re-
ponsibility and authority on the local
■cards, provide for fewer appeals to
(Continued on page 9)
Seek Missouri Aid
For Enforcing NRA
Kansas City, Dec. 25. — Incorpora-
ion of NRA provisions in the Mis-
ouri laws is urged by the Greater
lansas City NRA. Code Council, a
•ewly formed group consisting of rep-
tsentatives of code boards.
Fred J. Wolfson, attorney and im-
artial member of the grievance board,
(Continued on pane 9)
Miller Wins Ruling
In May wood Dispute
Chicago, Dec. 25. — Jack Miller,
ead of the Chicago Exhibitors' Ass'n.
nd a partner in the theatre firm of
imansky & Miller, won a break for
is house from the local clearance and
Dning board. The Miller house com-
laint involved a protest filed by K.
I. K. Theatres in the matter of a
(Continued on page 9)
Irandt and Warners
End Clearance Row
After raising considerable fuss over
previous unexpected postponement
' his case, Harry Brandt amicably
ttled his clearance protest against
(Continued on page 9)
National Stand Up
To Wisconsin Group
Milwaukee, Dec. 25. — One of the
atters to be considered by the new
dependent Theatres Protective
(Continued on page 9)
Must Lower Negative Costs,
Says Zukor; Feist Confident
By FELIX F. FEIST
Gen'l Sales M'g'r, M-G-M
The material betterment in economic
conditions throughout the world, the
steadily improv-
ing volume of do-
mestic trade, the
decidedly more
optimistic and
confident attitude
in industry and
commerce and
especially the
healthy and sub-
stantial progress
in restoration of
public confidence
promise an ac-
celerated pick-up
in general busi-
ness during the
coming year.
These important external factors,
seems to me, give assurance of con-
(Continucd on page 12)
By ADOLPH ZUKOR
President, Paramount Publix
The most important matter facing
the industry in 1935 is not that of in-
creasing gross-
es, but rather of
lowering nega-
tive costs.
During the
past year nega-
tive costs have
climbed at a rate
of speed out of
all proportion to
any parallel in-
crease in gross-
es, thereby re-
ducing the mar-
gin of possible
profit and seri-
ously jeopardiz-
ing the future of the industry.
Unless the studios can decrease
negative costs without affecting the
(Continued on page 12)
Jack L. Warner, Arthur A. Lee, Herbert J. Yates, Harry Thomas
and Carl Laemmle, Jr., expound their ideas on 1935 on page 12.
Near Solution
Of Basic Wage
For Operators
Solution to the problem of setting
up a basic wage scale for New York
neared Monday as I. A. T. S. E., cir-
cuit and independent heads met for
the third time in succession to iron
out the union situation. A fourth
session is scheduled for today at
Campi headquarters.
Confronted with a mass of figures
presented by the international union,
exhibitor leaders spent the major part
of Saturday and Sunday arguing back
and forth trying to strike a yardstick
for setting up the scale. Opposition
has arisen to the plan to set booth
scales according to seating capacity,
(Continued on page 9)
Labor Board to Act
On Operators* Pact
Kansas City, Dec. 25. — The local
regional labor board is to get a con-
tract dispute involving the Independent
(Continued on page 9)
Allied Owners
To Take Stand
On Para. Plan
Trustees of Allied Owners, one of
the largest Paramount Publix credi-
tors, were directed on Monday by Spe-
cial Master Oscar Lewis in Brook-
lyn to decide today on whether or
not that company should appear in
opposition to the Paramount reorgani-
zation plan at the hearing before Fed-
eral Judge Alfred C. Coxe tomor-
row.
The trustees of Allied Owners, Per-
cival Jackson, William Greve and
Stephen Callahan, accordingly, will
meet today with their attorney, Mon-
roe Goldwater, and representatives of
principal Allied .Owners' creditors'
(Continued on page 8)
Report Richardson
Quits as a Trustee
Charles E. Richardson is reliably
reported to have tendered his resigna-
tion as a trustee of Paramount Pub-
(Continued on page 8)
AFA to Send
Vaude Units
Out on Tours
Will Play in Spots Now
Without Stage Shows
American Federation of Actors is
preparing to organize a number of
vaudeville units to play cities where no
vaudeville is offered currently in an
effort to increase public demand for
stage entertainment, it is learned.
The A. F. A. 'units will consist of
25 to 30 performers each, a company
manager and two advance men, all
drawn from its own ranks. The units
will carry scenery and travel in
chartered buses. The first unit may
be cast this week, and, according to
present plans, will open in the east
shortly after New Year's. Only those
cities or towns in which no vaudeville
is offered will be played by the units
in order to avoid competing with thea-
(Continued on page 9)
FWC Sale Approved
By Federal Court
Los Angeles, Dec. 25. — Sale of Fox
West Coast assets to National Thea-
tres Corp. has been approved by U. S.
District Judge George Cosgrove in
spite of protests from the Marshall
Square Theatres Co. of San Fran-
cisco and Harry L. Hartman of San
(Continued on page 8)
Arthur Mayer Drops
Share of Criterion
Arthur Mayer is reported to have
disposed of his 50 per cent interest
in the Criterion where John Goring
is now the 100 per cent operator.
This confines Mayer's operations to
the Rialto, his deal for the Mayfair
now being cold.
Referee Refuses to
Act in Skouras Case
St. Louis, Dec. 25. — Referee in
Bankruptcy Hope has denied a peti-
tion presented by counsel for certain
stockholders of the St. Louis Amuse-
ment Co., who sought an order to
(Continued on page 8)
Broadway Takes Up
Over the Week-End
Shaking off a two-week pre-holiday
slump, Broadway box-offices took a
decided spurt over the week-end and
(Continued on page 8)
MOTION PICTURE
DAILY
Wednesday, December 26, 1934
MOTION PICTURE
DAILY
(Registered U. S. Patent Office)
Vol. 36
December 26, 1934
No. 149
Martin Quigley
Editor-in-Chief and Publishc
MAURICE KANN mR
Editor *
JAMES A. CRON
Advertising Manager
Published daily except Sunday and holi-
days by Motion Picture Daily, Inc., sub-
sidiary of Quigley Publications, Inc.,
Martin Quigley, President; Colvin Brown,
Vice-President and Treasurer.
Publication Office: 1790 Broadway, New
York. Telephone Circle 7-3100. Cable ad-
dress "Quigpubco, New York." All con-
tents copyrighted 1934 by Motion Picture
Daily, Inc. Address all correspondence to
the New York Office. Other Quigley pub-
lications: MOTION PICTURE HERALD,
BETTER THEATRES, THE MOTION
PICTURE ALMANAC and THE CHI-
CAGOAN.
Hollywood Bureau: Postal bnion Lite
Building, Vine and Yucca Streets, Victor
M. Shapiro, Manager; Chicago Bureau: 407
South Dearborn Street, Edwin S. Clif-
ford, Manager; London Bureau: Remo
House, 310 Regent St., London, W. 1,
Bruce Allan, Representative. Cable address:
"Quigpubco, London"; Berlin Bureau:
Berlin - Tempelhof , Kaiserin - Augustastrasse
28, Joachim K. Rutenberg, Representative;
Paris Bureau: 19, Rue de la Cour-des-
Noues, Pierre Autre, Representative; Rome
Bureau: Yiale Gorizia, Vittorio Malpassuti,
Representative; Sydney Bureau: 102 Sus-
sex Street, Clitt Holt, Representative; Mex-
ico City Bureau: Apartado 269, James
Lockhart, Representative; Glasgow Bureau:
86 Dundrennan Road, G. Holmes, Repre-
sentative; Budapest Bureau: 3, Kaplar-u,
Budapest, II, Endre Hevesi, Representa-
tive; Moscow Bureau: Civtzev Vrazhek,
N. 25, Apart. 146, Moscow, U. S. S. R.,
Bella Kashin, Representative. Cable ad-
dress: "Samrod, Moscow."
Entered as second class matter, January
4, 1926, at the Post Office at New York
City, N. Y., under Act of March 3, 1879.
Subscription rates per year: $6 in the
Americas, except Canada $15 and foreign
$12. Single copies: 10 cents.
Loew Returns with
Sam Berger, Field
Arthur Loew, head of the M-G-M
foreign department ; Sam Berger, rov-
ing foreign representative ; and Ar-
thur Field, in charge of foreign dub-
bing, arrived yesterday on the lie de
France. The boat was delayed a day
by bad weather.
Loew was away for three months
visiting a number of countries on his
annual tour.
Beery Double Arrested
Mexico City, Dec. 25. — Jose Jesus
Torres Diaz, Mexican actor who
doubled for Wallace Beery in "Viva
Villa," was jailed here over the week-
end on a first degree murder charge
as a result of a saloon brawl. When
not working for film companies Diaz
practices his regular profession, that
of a butcher.
MPTO Unit Hits Duals
Washington, Dec. 25. — Resolu-
tions opposing dual bills and com-
mending major companies for refus-
ing to sell product for double bills
have been adopted by the M.P.T.O.
unit of the District of Columbia.
Re-Sign Kitty Carlisle
Kitty Carlisle,, now on vacation, has
been given a new long term contract
by Paramount. When she returns to
the coast she is scheduled to start
work in "Wakiki Wedding."
Insiders' Outlook
LSEWHERE this morning
J— ' and by way of a post-Christ-
mas cold shower. Adolph Zukor
has something to say. It's im-
portant, if not new. We let him
talk a bit :
"The most important matter
facing the industry in 1935 is not
that of increasing grosses, but
rather of lowering negative costs.
... I view this rise in negative
costs as one of the most serious
matters ever faced by the indus-
try. I believe that it is out of all
proportions to the corresponding
rise in commodity prices . . . un-
less . . . remedied at once I be-
lieve we shall find ourselves
making pictures costing more
than we can take in at our box-
offices."
Herbert Vates, president of
Consolidated, strikes the same
warning note this morning. And
a warning note it might properly
be. What to do about negative
costs, which is as hardy and as
perennial bugaboo as this indus-
try ever has had to face, has
been furrowing many high and
mighty brows of late. The varie-
gated aspects of the issue have
not changed as against last week,
month, or year and, while the
subject matter makes for inter-
esting and occasionally bitter
philippics in many de luxe film
quarters, evidences are essentially
lacking that action is being di-
rected toward the region where it
might do the most good. . . .
T
For, today and yesterday, the
spectacle ridiculous continues
of Hollywood-ites who should
know better making pictures for
themselves or for others — others,
not in the ranks of theatres or
the public, but others who, by
their position, make or break the
status of the film colony's Four
Hundred. An old Hollywood cus-
tom, railed against, excoriated
and editorialized about but flour-
ishing nevertheless and notwith-
standing. In other words, a very
cute idea, the cost of which has
to be borne somewhere along the
line and ultimately by Holly-
wood itself, although relatively
few there comprehend it. . . .
T
It goes beyond. Coast tycoons
are of two ilk, for better or for
worse. There is the type of pro-
ducer with a couple of successes,
accidental or otherwise, under
his belt who insists on making
pictures regardless of budget. He
will argue that it is the enter-
tainment glow caught on cellu-
loid which tells the story and,
of course, he is correct. But
when that glow is achieved
through costs that might make
the Bank of England, or a good,
old American institution like
Chase National, quiver, then
what? There is the producer
also who insists that a good pic-
ture is only a good picture when
made at a price, said price almost
guaranteeing or at least indicat-
ing that a profit is a reasonable
outcome of his effort. . . .
T
All of this has a bearing on
what happens after the cans are
shipped out of Hollywood
whether the ruling class of the
gilt-edged coast town realizes
it or not. Hollywood's mistakes
or anyone else's for that matter
have to be picked up. white-
washed and washed up somehow
and somewhere. Ordinarily this
means theatres have to play
what Hollywood sends them
even though the men in exhibi-
tion know they often get the
wrong kind of merchandise. The
procedure can't go on indefi-
nitely. The answer is merely
postponed by virtue of the occa-
sional smash attraction which
gets all branches of the business
so excited that major ills, of
which exorbitant negative costs
Columbia Up Quarter on Big Board
High
Columbia Pictures, vtc 37^
Consolidated Film Industries 6
Consolidated Film Industries, ofd 20%
Eastman Kodak 111%
Eastman Kodak, pfd 140
Fox Film "A" 13
Loew's, Inc 34^
Paramount Publix 3^4
Pathe Exchange 1^4
Pathe Exchange "A" 14
Warner Bros 4}4
Warner Bros., pfd 2154
Lew
37
554
1954
11054
140
127,4
354
1
14
21
Close
37M
554
1954
111
140
1274
34
3*4
VA
14
Wi
2VA
Net
Change
+ 54
— a
- 54
+ 54
+ 'A
+ 54
Technicolor Gains Quarter on Curb
Technicolor
High
. 13
Low
1254
Close
13
Net
Change
+ 54
Bond Market Holds Steady
High Low
General Theatre Equipment 6s '40 9 854
General Theatre Equipment 6s '40, ctf 854 854
Loew's 6s '41. ww deb rights 10554 105
Paramount Broadway 554s '51 45 43?4
Paramount F. L. 6s '47 6134 6104
Paramount Fublix 554s '50 6254 6154
Warner Bros. 6s '39, wd 5854 5854
(Quotations as of Dec. 24)
Close
9
8*4
10554
45
6154
6154
5854
Net
Change
+ 54
+ %
Sales
300
1.500
900
1.500
3.000
900
2.900
300
900
400
1.400
2.000
Sales
LOCO
Sale
+154
- 54
- 54
certainly are one, become tem-
porarily forgotten. . . .
T
Moreover, there is little reason
to suspect that the patient stock-
holder may be expected to con-
tinually take it at the wrong end
simply because New York has
such inordinate difficulty in mak-
ing the bad boys of Hollywood
give up the candy stick. How-
ever and as that may be, this
is written in full flush of the
Vuletide season and so no answer
is here being volunteered. One
reason for that is this column is
not at all certain it knows. Sec-
ondly, nobody, not even the men
whose business it more directly
is, seem to be cracking minds
and backs about it so why turn
ponderous here when gayety and
good cheer presumably are to
prevail ? . . .
▼
Nick Schenck, an unexpected
surprise these days. First he
breaks his standing rule which
rules off forecasts on pictures, to
bespeak his praise on behalf of
"David Copperfield." Now he
flips the few remaining pages on
1934's calendar to say a thing
or two about 1935 which every-
one is hoping, as usual, will be
a lusty infant. Hearken :
"The business in 1935 should be
good, even better than in 1934.
which has been most satisfactory.
I do not mean this for our com-
pany alone but for the industry
in general. Having had an oppor-
tunity to see the coming product
of most organizations and to dis-
cuss general plans with the execu-
tives in charge, I am convinced
that the quality of the pictures
themselves is steadily improving.
Producers, directors and players
are ambitious not only to succeed
but to stamp their work as worth-
while. The industry each year
grows more capable of intelligent
activity. At one time it used to
be said too often that motion pic-
tures were in their infancy. To- 1
day the movies are grown-up and
they are acting grown-up. There-
fore I am most optimistic."
And here the hope is
echoed. . . .
K A N N
First Division Men
Hear Selling Talks
Speeches by principal executives in
First Division highlighted the one-day
sales meeting of all branch managers
at the Park Central Sunday. Among
those who spoke were Harry H.
Thomas, president ; John Curtis. Roy
Rason, Charles Rosenzweig and Henry
R. Luce.
Instructions on sales were given to
the men in addition to the initial
screening of the first March of Time
release. About 40 attended.
Korda After Barrymore
London, Dec. 25. — John Barrymore
s negotiating with Alexander Korda
to make a film, according to G. A.
Atkinson in The New Era. This, the
report continues, may be "Hamlet,"
although Barrymore has been telling
newspapers in India he may make a
picture there.
I Sirs:
ir anJ I h
Sirs:
I am very much interested in your an j I have read your magazine for a num-
nouncement of having "The March^flf*1 1 "f •• week's issue I notice
Time" appear in the moving pie^—.<i«na
houses. I think this is a wonderful
opment and something that yo
be justly congratulated for.
Please advise me when the
ance will get so far out as
State of Washington aj|
Tacoma.
E. L
1910J
Ta-
Sirs:
We hope the new movie
MARCH OF TIME will
±Ko_K
feature THE
be shown at
ncock, Mich.
Sirs:
I am ex'
announcer
TIME p
radio la
of thi-
hope
als
th
Copy to:
State Theatre
Raleigh, N. C.
Sirs:
Referring to
last night that'
March of Tin
appreciate it
your represe
ger of the lc
Sewickley
showing thi;
Thaj|ki
.iME fans a S
^uers, our family
ased to learn that v:
as hear, TH
ram on the air tej
alf-hour, and we
ewsreel will be
field.
HE MARCH
following San
P. B. S.
Union Trust Buildmg
Pittsburgh, Pa^%[^
rgh, ^s^V
1
fe read with a great
jout your newsreel — M
• vlE. Please sell the
k E vanston Balaban
J%*. E
Bll Ch
O Evans,
Sirs:_
Unities which really need
tfTiMse%^:e' I feel, are State College,
throTTgh the Nittany Theatre, and
Ithaca, New York, through one of the
theatres of the Cornell Theatres, Inc.
A. E. B.
State College, Pa. A
Sirs:
I read with interest the announcemen \
in the current issue of TIME of the
inaugural of the March of Time news
series. Being a cover-to-cover reader of
TIME and an eager listener of the radio
March of Time, I do want to be "in on"
the first joining of eye and ear apprecia-
tion of the efforts of TIME'S staff.
Acting on the suggestion made by
your advertisement, I suggest that in
Duluth, the March of Time^movie series
be presented at the L; -hi "'heater for
the following reasor
First, it is the 1. >i
showing always f'rsi i
Second (more it o\ '\
tisements in the loc «
tures shown at the \
elude the name of
shorts that go wit
F. K.
1312 Ei-
Duluth,
Sirs:
MARCH OF TIME at Str"
tre, Niagara Falls, N. Y. *Z
J. S. M. 1
Niagara Falls,"
r^jr^sVT:
nge St.
to your request as to
ould appreciate seeing
ME on the screen, I say
; that it would enhance
e greatly, knowing and
program on the radio as it
broaden into larger fields
do no
Sirs:
Having had the pleasure of seeing o
of your MARCH OF TIME reek
your Time and Fortune Building at tj
Fair late this summer, I am glad to
that you are going to make them a pu
manent thing. I would suggest the Cir
ma Theatre at 151 East Chicago Aven
as a good spot to show them to a gr<;
number of TIME readers. Also t
~>earborn Theatre at 40 West Divki
t^et. These two movie houses are ve
* >iar with the class of persons w
gte Time and Fortune, and w
ainly welcome the opportuni
ur newsreels so close to horr
ou the greatest of success
nture, I am,
C. H. M.
58 East Washington St.
Chicago, 111.
cept your invitation
in connection with yo
\ — the showing of t
lTIME in theatres.
1 a city of approximate
ants. It has six pictu
fc Hamilton, Grand, Ca
fulton, Strand. The fii '
Id are Warner Brothc
Ither three are indepe
ind operated.
I would like to see t '
TF TIME exhibited in one
pendent houses, preferably t
Q. This theatre is located on t
corner of our city and it seet
W the most popular. My secoi
Pfce would be the Fulton.
Here is hoping the MARCH C.
TIME will be as great a success
theatres as it always was on the rad
and that I may have a chance of seei:
and hearing it in Lancaster shortly aft
the first of the year.
With best wishes, I am,
A. 0. R.
206 No. Queen Street
Lancaster, Pa.
Sirs:
I have just finished listening to t
best radio program, THE MARCH C
TIME and am writing immediately i
garding the new movie. I am lookii
forward to seeing the same and hope \
can enjoy it for a long, long time.
Long life to TIME
M. G.
\ 284 Union Avenue
Irvington, N. J.
r the first time in many weeks I w;
enough to hear the MARC
E Friday night last, which ;
ought very good indeed. Du
program your announcer met
the inauguration of a new tyi
na program. I also saw notice <
"t you will do all possible t
■"vsreels are released t
-'tre or its affil
'"-n I say th?
luccess
wi
io
M. LAS.]
6 Corne%i|
SchenectaV
!
I have read with interest your adver-
sement regarding the MARCH OF
IME and would like very much to have
lis shown at the Pickwick Theatre in
reenwich, Connecticut.
S. W. M. Jr.
Dublin Road
Greenwich, Conn.
For the motion pictures I prefer —
Allston Theatre, Brighton Ave..
Allston, Mass.
For second choice
Capitol
Ave.,
Sirs:
I am elated at your announcement
of the new news cinema feature "The
March of Time." I append a list of
greater Boston movie houses to which I
have sent the following letter:
"THE MARCH OF TIME, the
new news movie, is available in
January.
"I shall want to see it and shall
recommend it to my household (5),
to my office staff (25) , to my friends
(hundreds), and to my clients (more
hundreds).
"I shall recoj
Sirs:
With reference to the announcement
in THE MARCH OF TIME broadcast
December 7 and in TIME December 10.
relative to your new type of newsreel:
If this is as good as TIME and THE
MARCH OF TIME, I certainly want to
see it and I shall be greatly disappointed
if it doesn't find exhibition in Canada.
Let's have it up here. The Capitol
Theatre at Regina, Sask., is the place.
H. H. K.
32 Kenora, Apts.
Regina, Sask.
I am extremely'
ea of showing tl
hope the theatr^
id I attend will
teatres are Loew'j
id the Strand Tht*rt!«, ol
Because the future is a p^^B^^JTTne
-esent, and the present is a product of
le past, I am sure that your new ven-
ire will be highly successful.
J. A.
Lawrence Academy
Groton, Mass.
I am thrilled by your announcement
your new THE MARCH OF TIME
id hope it will be shown in the Palm
wrings Theatre.
,rs \NH/tf
^te having the motion
iRCH OF TIME
\ne Theatre in Albu-
rn. This is our best
J. H. B.
Palm Springs, Calif.
TIME reader and 16 mm. movie en-
usiast that I am, will answer your
ggestions at once:
I would like to see the Black Hills
nusement Company, which has a chain
theatres in all important Black Hills
>wns of Western South Dakota, be
long the first theatres to show your
w MARCH OF TIME newsreel.
leir main office is Rapid City, S. D.
R. S. B.
812 First Street, So.
Belle Fourche, S. D.
Through P. T. A. I am a little in touch
th the discouraging feeling of parents
regard to movies for children and
uth. There is so very little that is
table, so I am sure I voice the senti-
(nt of many parents when I say a
arty welcome to your venture. It will
wholesome, instructive and fascinat-
;. Many thanks. In Rochester, per-
ps, Loew's, R. K. O. Palace, or
ntury would be the favored.
E. A.
11 Reservoir Avenue
Rochester, N. Y.
H
Upto
A vi
Warn
linj
Univi
Cai
R.K.<
St
Parar
St.
Metn
St.
M &
Sqi
Loew
Pla|
Fine
ton
Fenw
Avi
Exet€
Bo
Capit
Avi
Sirs:
I see
my plac
it "Sell
May
nearby
T
HE public has definitely approved of
Time's announcement of a new kind of
a motion picture.
Read these letters from all over the country.
All talking about THE MARCH OF TIME
and its coming debut on the screen. Cash cus-
tomers of thousands of theaters asking that this
new series of pictures be shown in their favorite
theater. It's never happened before in the his-
tory of the motion picture industry.
But it's no accident. The producers of the
March of Time (twenty minutes long and re-
leased once a month) are not guessing at public
appeal. Into the MARCH OF TIME on the
screen goes the same ideas, resources and suc-
cessful presentation that have made Time &
Fortune Magazines and the March of Time on
the radio, the greatest box office successes in
their fields.
By the time this advertisement appears hun-
dreds of exhibitors will have heard directly
from patrons of their houses. Positive proof
that the public wants the MARCH OF TIME
on the screen. Bring this ready made audience
to YOUR theater.
Released Through
FIRST DIVISION
The New Major
HARRY A, THOMAS, PRES.
e news
as pic-
nation,
ve real
t them
: all we
arades,
is, and
:h OF
lews,
ighbor-
nk the
e form
s is the
Ige, lo-
te Har-
burban
ewsreel
>rt sub-
d intel-
;atre in
?atre of
it been
but it
ent au-
ms are
)ften of
rowing,
le like).
TIME
tm,
/enue
.ss.
pyTJ ijt run dti
Louisville, Ky.
Sirs:
I have just looked over my TIME,
and noticed your announcement of your
new venture; namely, your future pic-
torial MARCH OF TIME.
I would like to see it at the Olympia
Theatre, New Bedford's leading theatre.
A. R.
58 Spruce Street
New Bedford, Mass.
COPY
Montgomery Hill
City
Dear Gum:
Last night in listening to MARCH
OF TIME on radio, they announced
that they would have for distribution in
January, MARCH OF TIME pictures.
As their magazine and radio broadcasts
have been so interesting, I hope you will
secure these pictures for Greensboro.
J. R. 0.
Greensboro, N. C.
Sirs:
Regarding your new "Venture" as an-
nounced in this week's TIME, am pleased
to recommend the "Paramount" at this
point as the leading Motion Picture
theatre and the place selected to exhibit
the "New March of Time."
G. G.
Idaho Falls. Idaho
Sirs:
"The March of Time"
As one who has thoroughly enjoyed
"The March of Time" on the air, I look
forward to next month, when the same
program is to be tried out on the screen
in the local picture houses.
It is the hope of my wife and me that
Poli's, Franklin Square, Worcester, will
obtain this release.
We shall be glad indeed to do what we
can to interest our friends in your new
venture, which we wish the best of
success.
F. J. C.
17 Huntington Avenue
Worcester, Mass.
Copy of the following letter attached:
Poli's
Franklin Square
Worcester, Mass.
Attention of the Manager
Gentlemen:
As fairly regular patrons of your
theatre, my wife and I are hopeful
that the news reel, THE MARCH
OF TIME, which is to be released
by TIME, Incorporated, for show-
ing during January, can be obtained
and shown at your house.
TIME'S radio program has ap-
pealed to us and to our friends as
one of the best on the air, and it
seems to us that they would turn
out a very interesting picture.
We are going to see this new re-
lease wherever it is shown in this
vicinity, and we sincerely hope it
will be possible to view it at your
theatre.
Sirs:
I would like to have the MARCH OF
TIME shown at the Fox Theatre or the
Opera House in Tucson, Arizona. I am
looking forward to seeing your intelli-
gent and interesting presentation.
J. L. T.
Tucson, Ariz.
"On Needles and Pins"
Sirs:
You suggest (TIME, December 3)
that subscribers should write in and tell
you what cities they would like to have
THE MARCH OF TIME exhibited.
I agree with this and suggest for my part
this city, Pocatello, Idaho. If the par-
ticular theatre would be of any assist-
ance to you, the name is "Orpheum
Theatre" or one of the "Fox Theatres"
located here.
Waiting "on needles and pins" to see
what new thing TIME has to offer, I
remain,
D. P.
Pocatello, Idaho
EVEN BEFORE RELEASE
MOUSANDS ARE DEMANDING IT
THIS IS A GOOD TIME
TO CHECK UP ON
HEARST MET ROTO NE
NEWSREEL!
ON October 2nd
M-G-M gave you the
FIRST issue of the
NEW Hearst-Metro tone
NEWSREEL with
EDWIN C. Hill as
THE Globe Trotter . . .
WEEK after week
WITH a consistency
THAT amazed
ALL competitors
WE presented the
MOST complete
NEWSREEL entertainment
ON the market
OUR promise has been kept —
WE go on to the New Year
HAPPY in your praise and confidence.
CAN we keep it up?
next page!
Edwin C. Hill. He made good
AND THE CLIMAX OF A
YEAR OF ACHIEVEMENT!
23 HISTORY-MAKING NEWS
EVENTS IN ONE ISSUE!
Read the synopsis below of
the most amazing issue of
any newsreel in film history I
EDWIN C. HILL tfkvkwA.
THE NEWS PARADE OF 1934!
Special edition of Hearst Metrotone News
presents a spectacular panorama of the his-
tory-making events, outstanding thrills and
highlights of the year!
EUROPE'S TRAGIC YEAR
Albert of Belgium heads 1934's toll of rulers called by
death — His son takes the throne.
Chancellor Dollfuss victim of assassins amid tumultuous
scenes in Austria.
Turmoil in Paris arouses populace and unseats Cabinet
ministers.
President Von Hindenburg passes.
King Alexander, of Jugoslavia, assassinated as mob
battles with slayers in memorable films.
Pope Pius, undismayed by world unrest, spreads gospel
of peace; proclaims New Holy Year.
HISTORY-MAKING FLIGHTS
Scott and Black win 12,000-mile London to Melbourne
race — New records mark progress of aviation.
OUTSTANDING DISASTERS
Record drought turns Mid-west into a Sahara —
10,000,000 cattle suffer.
Chicago stockyards destroyed in worst fire since 1871.
India earthquake kills 15,000 and does $40,000,000
Fire and storm wreck Japan's industrial centres —
Thousands die.
IJner Monro Castle burns in 1934's most appalling sea
horror.
THE WAR ON CRIME
Lindbergh baby kidnapping sensation! Arrest of Bruno
Hauptmann is startling climax to two-year hunt.
June Robles abduction has happy ending. Child is
returned after 19 days in desert tomb.
John Dillinger, Public Enemy No. 1, trapped at last
and killed by Federal agents.
Al Capone, Machine Gun Kelly and forty others go to
Alcatraz, America's Devil's Island.
Baby Face Nelson, Dillinger aide, killed in Govern-
ment's relentless hunt.
STRIKE EPIDEMIC PASSES
Great textile strike hits 13 states. Terror grips New
England towns.
General strike paralyzes San Francisco. Rioters bombed
with tear gas by police.
A YEAR OF SPEED AND THRILLS
New streamlined express makes coast-to-coast in 57
hours.
Sea and land planes set new records. Fatal crashes
mark speed attempts.
Russia thrills world with biggest mass parachute jump
ever made.
Cavalcade's great victory in the Kentucky Derby.
The thrilling Indianapolis auto race.
AMERICA MARCHES ON!
Franklin Roosevelt first President to visit Hawaii.
Reviews mightiest navy spectacle since war time.
New Deal spurs industry. Nation marches on with
President!
Vol. VI, No. 226
THE NEW AND GREATER HEARST METROTONE NEWS
MOTION PICTURE
DAILY
Wednesday, December 26, 1934
Allied Owners Taking
Stand on Para. Plan
{Continued from page 1)
factions to make the decision on op-
posing the Paramount plan. A stand
in opposition to the plan was urged
by Archibald Palmer, attorney for
Allied bondholders, at the hearing be-
fore Lewis on the grounds that it is
detrimental to Allied in three respects.
These, according to Palmer, are the
general provisions for reorganization
of Paramount Broadway, holding
company for the Paramount Bldg. and
theatre; the payment of $5,000,000
cash as part of the settlement of Par-
amount's $13,200,000 bank debt, and
the makeup of the board of directors
of the new Paramount company which,
Palmer said, is dominated by banking
interests and lacks necessary repre-
sentation of men with industry experi-
ence
Palmer declared that, regardless of
the decision of Allied Owners' trus-
tees on appearing in opposition to the
Paramount plan, he, himself, would
oppose it tomorrow as a representative
of Allied bondholders.
Allied filed a claim of $23,000,000
against Paramount in the reorganiza-
tion proceedings for claims arising out
of the construction of a number of
theatres for Paramount. A settlement
of the claim was agreed upon with
the Allied trustees and incorporated in
the Paramount reorganization plan.
The settlement provides for the issu-
ance to Allied of new Paramount se-
curities for a claim of $5,000,000; the
payment of $150,000 in cash ; purchase
of the Alabama at Birmingham, Ala.,
and leasing of the Paramount theatres
at Brooklvn, Fremont, O., and Glens
Falls, N. Y.
Report Richardson
Quits as a Trustee
(Continued from page 1)
lix, effective Saturday. Richardson,
out of town for the holidays, could
not be reached for comment on the re-
port. His name has been linked re-
cently, however, in reorganization
circles with a post on the directorate
of the new company with possible lat-
er election as vice-president. His
election to any post in the new com-
pany would necessarily require his
prior resignation as trustee.
Reorganization groups conferred on
Monday on the selection of new mem-
bers of the Paramount board and will
reconvene today in the hope of agree-
ing on a minimum of three and a max-
imum of five new directors in advance
of the Federal court hearing on the
Paramount reorganization plan tomor-
row.
Para. Studio Lease
Plan Before Joyce
A proposal for leasing of the As-
toria studio, laboratory and film de-
pot to Paramount News for a term of
years ending July 1, 1941, at an annual
rental of $133,000 was submitted to
Special Master John E. Joyce by
counsel for the Paramount Publix
trustees on Monday. The proposal
includes a plan of reorganization for
a $930,000 mortgage bond issue, de-
faulted a year ago by Seneca Holding
Corp., Paramount subsidiary having
title to the studio property.
Also presented to Joyce on Monday
was a proposal for acquisition of the
assets of the bankrupt Tennessee En-
terprises, Paramount subsidiary, by
MOTION PICTURE DAILY*
HOLLYWOOD PREVIEW
'Lives of a Bengal Lancer"
(Paramount)
Hollywood, Dec. 25. — Today, years after it was conceived for film-
ing and after repeated wooings and shelvings, the Paramount Mountain
labored in earnest and gave forth a production not only worthy of that
studio, but of the industry itself.
Here is flavorous, human entertainment gallantly and glamorously
told, fashioned of British frontier courage and spanning the elements
of laughter, spectacle, melodrama, beauty and tender heart interest.
As replacements to the Bengal Lancers in India, assigned to Captain
Garj' Cooper, come Franchot Tone, experienced lieutenant, and Richard
Cromwell, fresh from Sandhurst, England's West Point. The situation
of Cromwell as the son of Sir Guy Standing, colonel in command, but
with no favors asked, flings Cooper, Tone and Cromwell together in a
soldierly comaraderie, a relationship fraught with rare feeling and
high comedy.
Resentful of his father's sternness, Cromwell, after a period of drink-
ing, at a reception to the Emir and Mahommed Khan, gets enmeshed
with Tania, an informer, and is taken prisoner with Cooper and Tone
disguised as merchants following into the jaws of Khyber.
Held captive in a dungeon with the colonel's ammunition train hijacked
and the native garrison ready to attack the oncoming lancers, Cooper,
Tone and Cromwell perform feats of valor mounting in their sheer ex-
citement and thrill to a magnificent emotional climax. Cooper has had
few roles to equal this for sympathy and histrionic opportunity. Tone
is versatile and combines acting prowess with virility. Cromwell main-
tains his footing in fast company. Sir Guy Standing is superb as the
commanding colonel upholding the tradition of the service and great,
too, is C. Aubrey Smith. An excellent cast supports, including Monte
Blue. Kathleen Burke, Douglas Dumbrille, Lumsden Hare and others.
Henry Hathaway's outstanding direction is evident all the way in the
tempo of human moods and the handling of people. The photographv
by Charles Lang is exceptionally fine.
With Cooper's draw, the production's entertainment power and ex-
ploitation possibilities, it's a big attraction destined for big money in
America, and in the British Empire it should be sensational. Produc-
tion Code Seal, No. 474. Running time. 100 minutes. "G."
the Tivoli, Chattanooga, another Par-
amount subsidiary. Both proposals
were taken under advisement by Joyce
who will make his recommendations
on them to the Federal district court
here later.
M. P. Club Employes
Get Christmas Bonus
Employes of the M. P. Club were
eiven an extra week's salary as a
Christmas gift. There were 28 in
all to benefit by the bonus.
Parties were the order of the day
Monday with many of the home offices
closing about 4 o'clock. Paramount
and First Division were not open,
giving employes an extended week-
end.
About 90 attended the Gaumont
British party at the home office, among
those being Arthur Lee and George
Weeks. Robert Wolff dined his per-
sonnel at the M. P. Club and A. H.
Schwartz tendered a buffet lunch to
Centurv Circuit workers at the Radio
City offices. Columbia staged a party
for its home office and exchange em-
ployes which lasted all afternoon.
Flash Reviews
The Gilded Lily — Entertaining and
interesting from start to finish, this
seems destined for certain popular-
ity. . . _
Don Quixote — . . . attractive film
fare
These films t'<V. be reviewed in full
later issue of Motion Picture Daily.
Second U. A. Session
In Chicago Saturday
Second mid-season meeting of U. A.
branch managers will be held in Chi-
cago on Saturday with Al Lichtman
and Harry Gold of the home office at-
tending. At the first of three sessions,
Lichtman and Gold spoke to eastern
sales forces Saturday at the home
office. A review of the first six-
months' sales was made by both ex-
ecutives with reports on the 21 pic-
tures scheduled this season indicating
a good year. Various sales problems
were also gone into.
No discussion was held concerning
next season's product. This is being
left for the annual convention which
will be held sometime in June. The
third and last sales confab will be held
in San Francisco on Jan. 5, with
Lichtman and Paul Lazarus in attend-
ance.
Levine Takes Lease
On Sennett Studios
Hollywood, Dec. 25. — Nat Levine.
president of Mascot Prod., has taken
a long term lease on the entire Mack
Sennett plant in North Hollywood and.
beginning Jan. 10. he will remodel the
buildings and add a sound stage.
In commenting on the acquisition.
Levine said he expected an unprece-
dented expansion of the industry dur-
ing the next five years.
Broadway Takes Up
Over the Week-End
(Continued from page 1)
are headed toward normal and above
average grosses again.
Probably the best intake is the As-
tor with $8,300 in the till for the first
four days of the second week of
"Babes in Toyland." The Roxy with
"Wednesday's Child" garnered $22.-
350 and the Paramount on the second
week of "The President Vanishes"
corraled $15,000.
Second week of "Painted Veil" at
the Capitol was weak at $20,0OC.
"Babbitt" at the Palace grossed a
meagre $6,500. The Rialto, with "The
Gay Bride," took in $10,500, while the
second week of "Hell in the Heavens"
at the Mayfair tallied $8,300. At the
Rivoli the second week of "The Pri-
vate Life of Don Juan" hit $12,000.
Referee Refuses to
Act in Skouras Case
(Continued from page 1)
compel Nelson Cunliff, trustee for
Skouras Brothers Enterprises, Inc., to
intervene in a suit pending in the Cir-
cuit Court which seeks an accounting i
from Warners.
At the same time Referee Hope also
denied a petition asking that Cunliff
be directed to join in an effort to seek
a Federal court injunction to stay the
Circuit Court action. He stated that
he doubted whether the latter request
came within his jurisdiction. The
petitioners explained that the Federal
court injunction was sought to give
Trustee Cunliff time to complete in-
vestigations now being made in New
York in regard to the operations of
Skouras Brothers Enterprises and
affiliated concerns.
FWC Sale Approved
By Federal Court
(Continued from page 1)
Diego, who have anti-trust suits pend-
ing against F. W. C.
The approval is legal confirmation
of the plan worked out by Referee
Earl E. Moss after many months of
negotiations between creditors, trus-
tees in bankruptcy, Fox and Chase
bank officials.
Attorneys for the protestants an-
nounced they would file an appeal in
the U. S. Circuit Court of Appeals
within 10 days. National Theatres has
agreed to take over all F. W. C. ob-
ligations, but the plaintiffs in the
pending suit contend they are entitled
to a bond guaranteeing payment in
case they win a verdict.
Say Ford Will Take
Up Air Conditioning
Rumors are current that Henry
Ford will follow Walter P. Chrysler
into the air conditioning field. Gen-
eral Motors, through its Frigidaire
subsidiary ; Westinghouse and General
Electric have been in it for some time.
Chrysler has been expanding in the
field lately through its control of Air-
temp Control Corp.
Entrance of Ford into this business
probably would spur competition and
result in a lowering of prices, it is
held by observers of the situation.
Wednesday, December 26, 1934
MOTION PICTURE
DAILY
MPTOA Urges
Need of Code
Overhauling
{Continued from page 1)
Code Authority and make it really
mean what it should to exhibitors."
Calling the code "neither entirely-
right nor entirely wrong" yet "a
worthy step in the right direction of
>elt-regulation," the M. P. T. O. A.
bulletin declares that the code has
failed the exhibitor in not restraining
or controlling double features ; in do-
ing nothing about "the inexcusable
score charge ;" in generally failing to
provide an adequate cancellation privi-
lege ; a practical protection against un-
fair non-theatrical competition ;
against the premium racket ; against
forcing unwanted features, against
forcing designated playdates on per-
centage pictures, and has failed to pro-
vide for a simplified and fully stand-
ardized exhibition contract with en-
forceable arbitration provisions.
"Selfish interests with powerful lob-
bies," the bulletin charges, "blocked
many of these provisions."
Hits Clearance Delay
Failure of the code's administrators
to establish clearance and zoning
schedules is prominently discussed in
the bulletin with Code Authority
charged with responsibility for the
failure. The code's provision for es-
tablishing clearance and zoning sched-
ules "has been completely nullified,"
the bulletin declares. "The local ex-
hibitors and the clearance and zoning
boards seem to be able to work out
a plan that meets with general ap-
proval in their own territory in near-
ly every instance, but Code Author-
ity just as steadily turns them down."
Advantages resulting from one year
of the code, as observed by M. P. T.
O. A., include "definite progress in
curbing unfair overbuying, in reduc-
ing the forcing of snorts with fea-
tures, in providing a "very, very lim-
ited cancellation privilege," in mildly
curbing unfair non-theatrical competi-
tion ; in providing for a semblance of
standardization in exhibition con-
tracts, in curbing cut-rate admission
practices, in reducing unreasonable
clearance and in providing exhibitors
with local courts for filing grievances.
Discussing program plans for the
M. P. T. O. A. annual convention, to
be held at New Orleans, Feb. 25 to
27, the bulletin reveals that a feature
f the meet will be conferences and
discussions on "better theatre manage-
ment, improved methods of merchan-
dising and selling modern film enter-
:ainment ; newest ideas in theatre de-
sign, decoration, lighting, ventilating
!ind cooling equipment and methods of
ncreasing attendance." New theatre
equipment will be displayed at the
Tieet, according to the bulletin.
Miller Wins Ruling
In Maywood Dispute
{Continued from page 1)
iew house the latter is erecting in
\Iaywood, 111., in competition to the
Jdo, operated by Simansky & Miller.
K. M. K. Theatres protested the 26
veeks' clearance held on certain major
iroducts by the Lido on the ground
ihat it expected to charge a 20-cent
idmission when the house is opened
■oon. The K. M. K. house, seating
600 and to be known as the Yale,
asserted the Lido was entitled to only
two weeks' protection.
The local board denied the request
for clearance. Sitting on the board
were Lou Reinheimer, Alex Halperin,
Aaron Saperstein, Jack Rose, Henry
Helbel and Felix Mendelssohn.
The board is continuing to hear in-
dividual protests following the recent
shelving of the clearance plan drawn
up. Other cases heard involved the
Liberty, operated by Elmer Benesch
against the Essaness Embassy. Ben-
esch's request for clearance reduction
was denied.
The board also denied a request for
reduction of clearance filed by Joseph
Emma, Deerpath, Lake Forest, 111.,
against the Genessee & Waukegan in
Waukegan, the Lavilla in Libertyville
and the Alcyon in Highland Park.
In a complaint by Sol Best, Amo,
Chicago, against the Michigan, Essan-
ess house, the request for reduction of
clearance was denied.
Seek Missouri Aid
For Enforcing NRA
{Continued from page 1)
is the film industry's representative on
the Code Council. Arthur Cole, sec-
retary of the Film Board, who rep-
resented the industry' at the organiza-
tion meeting, said the council will con-
cern itself chiefly with enforcement of
code labor provisions.
The council appointed a committee
to study NRA legislation in other
states and to confer with members of
the Missouri General Assembly in an
effort to obtain action at the next ses-
sion. The new group will be inter-
ested primarily in "strict and uniform
enforcement of code provisions among
local businesses and industries." Each
code will have one representative on
the council. If individual code bodies
cannot force offenders into line, they
could be taken before the council for
further action.
The council has charged the NRA
compliance office at St. Louis with
congestion of important cases of vio-
lations originating here and failure to
secure action in the Federal courts.
The compliance division in Washing-
ton has promised a thorough investiga-
tion of the operations in St. Louis.
National Stand Up
To Wisconsin Group
{Continued from fane 1)
Ass'n. of Wisconsin and Upper Michi-
gan at its two-day convention Jan. 3
and 4 at the Hotel Plankinton is that
of national affiliation.
Under the proposed setup, the new
unit will not affiliate directly with
any national association, but the board
will be empowered to delegate special
duties to a national body on matters
where the state group wishes to secure
action. It is also understood that the
board will have the power to reimburse
any national unit for work done in it<=
behalf.
The new by-laws have been drawn
ud from those of the M.P.T.O. of
Wisconsin and Upper Michigan and
Allied of Wisconsin in an effort to em-
body the best features of both.
Arthur Byron to M-G-M
Hollywood, Dec. 25. — A rthur
Byron has been signed to a two pic-
ture contract by M-G-M. The actor
has been lined up for top spot roles
in "Shadow of Doubt" and "The
Casino Murder Case."
AFA to Send
Vaude Units
Out on Tours
{Continued from page 1)
tres already using vaudeville, or with
vaudeville producers, agents, circuits
or bookers.
Objectives of the venture, according
to A. F. A., are solely to revive inter-
est in variety entertainment by increas-
ing the public demand and demonstrat-
ing to exhibitors that vaudeville can
still draw business, and to provide
work for jobless actors. A. F. A.
asserts that man)- theatres have locked
out actors even where a local public
demand for vaudeville exists and that
theatre operating pools are used to
keep vaudeville out of many cities.
The traveling units will be organized
to meet such situations, it is said.
A. F. A. now has men on the road
preparing reports which will be used
this week in mapping tours for the
first units. The number of units to be
organized, the number of weeks of
playing time to be set for each and the
initial circuits will be set this week, it
is expected, when the road men return
here with their reports. Both actors
and exhibitors throughout the country
are being contacted by A. F. A. in
preparation for organization and book-
ing of the units.
Brandt and Warners
End Clearance Row
{Continued from page 1)
W arners in New Jersey and withdrew
his claim.
The first time the hearing was
scheduled, a distributor was missing
from the New Jersey advisory board
and the case was adjourned over the
protest by Brandt. Representing the
Broad, Newark, which was objecting
to the 30-day protection Warners'
Goodwin maintains, the I. T. O. A.
head, at a special meeting of the board,
got together with Warners and agreed
to reduce existing clearance to 14
days on pictures the Broad plays day-
and-date with Mark Block's Lyric.
When bookings at the Broad are ahead
of the Lyric the protection is to be
cut to 10 days.
The settlement was not entered on
the record. Last week a premature
advertising complaint by Warners'
Goodwin against Brandt's Rialto was
dismissed.
Sada Cowan Joins Para.
Hollywood, Dec. 25. — Sada Cowan
has joined the Paramount writing staff.
Near Solution
Of Basic Wage
For Operators
{Continued from page 1)
type of run .and admissions with the
result that the parties failed to get
together Monday.
Compliance Director Sol A. Rosen-
blatt attended the three conferences
and will be present again today. Cir-
cuit officials Monday studied various
plans offered by the I. A. T. S. E.
and are expected to come to a deci-
sion today. Independents, however,
are so anxious to enter into a long
term contract to end the five-year
union fight as the I. A. T. S. E. is
concerned over increasing employ-
ment in Local 306 and affiliated
unions.
Rosenblatt, after tomorrow's Campi
session, will leave on his first vaca-
tion since joining the NRA. He'll
take a southern cruise and will be
gone 10 days.
Recently, Local 306 entered into
temporary relief agreements with a
number of independents, the reduc-
tions based on individual requirements
rather than a blanket cut.
Labor Board to Act
On Operators* Pact
{Cotitinued from page 1)
M. P. Operators' Union and E. S.
Young of the Central Theatre here in
which an operator formerly employed
by Young charges breach of contract.
The complaint originally was filed
with the NRA compliance board.
The complaint alleges that the inde-
pendent union contracted with Young
for the services of an operator last
May, but that he was dismissed Sept. 1
without the customary two weeks'
notice when Young switched to Local
170, I.A.T.S.E. Salary and overtime
is claimed for a period of 15 weeks
from Sept. 1 to the date of the com-
plaint.
Operators' Scale Up
At Conference Today
Members of the I. T. O. A. will
discuss today negotiations between cir-
cuit and independent heads with local
operators' unions in setting up a basic
wage sale. Harry Brandt, who has
been attending the hearings, will be
the principal speaker.
Allied of New Jersey did not meet
yesterday, because of the holiday. The
next session is Jan. 8.
Superfine Merchandise
£\ RTDD MS
Real Headline Attractions
CELEBRITY PRODUCTIONS, INC.
723 Seventh Ave. Cable:
New York, N. Y. "Celebrity"
This week 300 leading theatres
will be playing America's darling
in her brightest picture.
*A new record for day-
and-date showings!
in
BRIGHT EYES
with
JAMES DUNN
Produced by Sol M. Wurtzel
Directed by David Butler. Screen play by William
Conselman. Story by David Butler and Edwin Burke
12
MOTION PICTURE
DAILY
Wednesday, December 26, 1934
They Peer Into '35's Crystal
Predicts New
Peak in 1935
Film Quality
By JACK L. WARNER
Vice-President in Charge Warner
Production
Hollywood, Dec. 25. — We look for-
ward to 1935 with great optimism
and expectation of
better business for
both exhibitor and
ourselves. Our op-
timism is based
upon the return
of confidence here
and improved eco-
nomic conditions
abroad. The come-
back will natur-
ally radiate for
better conditions
the world over.
Pictures during
the coming year
will be bigger with a definitely higher
standard of entertainment than ever
before. Screen productions will have
to be made that appeal not only to
family audiences here, but to all classes
and people abroad. Audiences have
become educated to better acting on
the screen. The standard is definitely
on the upgrade.
Highly sophisticated stories, old-
time triangles that depended upon a
handsome leading man and a sensu-
ously gowned leading lady, are out.
In their places will be demanded strong
stories with performances by compe-
tent actors.
More initiative is needed among pro-
ducers and exhibitors : Initiative on
the part of producers to get off the
beaten path in search of ideas and
stories instead of trying to follow in
the footsteps of a hit by copying.
Initiative on the part of exhibitors in
more aggressive showmanship.
Probably the most forward step that
can be taken during 1935 for all con-
cerned would be the elimination of
double features. I honestly believe that
if that were accomplished, better pic-
tures would be made and exhibitors
would profit.
Other industries report definite im-
provement in business with signs for
continued improvement. In this im-
provement, the motion picture indus-
try will share.
Feist Confident '35
Will Be Better Year
(Continued from page 1)
tinued increases in motion picture pat-
ronage, particularly so, for the Better
Pictures and Star Spangled produc-
tions. It is with such impending de-
velopments as these, rather than with
temporary but debilitating and some-
times ruinous internal competition,
that the industry's leaders are now
concerned.
N'neteen hundred and thirty-five
holds great promise for industry pros-
perity.
International
Year Is Seen
By Arthur Lee
By ARTHUR A. LEE
Vice-President, Gaumont British
I am looking forward to 1935 as the
most interesting year of my business
career, due to be-
ing fully con-
vinced that my
people are mak-
ing outstanding
pictures of inter-
national appeal.
I believe 1935 is
going to be one of
the best years the
industry has seen
for some time ow-
ing to the fact
that studios here
and abroad are
turning out pic-
tures of real merit, which will bring
the public back once more into the
picture-going habit.
Taking into consideration the tre-
mendous amount of money which our
government is putting into circulation,
there is no doubt, when it reaches the
public, that they will spend a great
deal of it supporting the industry.
I believe that the industry would be
much better off if some way could be
devised whereby the national distribu-
tors did not have to force exhibitors to
play their poorer pictures, but could
absorb the cost of same by spreading
it over their entire program.
Film People Figure
In New Shows Here
Players, some prominent and some
no longer prominent in pictures, are
figuring more importantly in New
York stage plays this winter. In the
flood opened and opening this week :
S. N. Behrman, long a contract writer
at Fox, bowed in at the Golden Monday
night as author of "Rain from the
Heaven." The Theatre Guild produced.
Viola Brothers Shore, well known as a
Hollywood scenarist, is co-author with
Sarah B. Smith of "Piper Paid," which
opened at the Ritz last night. Harry
Green is one of the principals. Miss Shore
is also part author of "Fools Rush In,"
also one of last night's contenders for popu-
larity.
Constance Cummings' essay is the lead
in "Accent on Youth," another of last
night's openings, this one at the Plymouth.
Irene Purcell is in the cast.
Peggy Wood and Louis Calhern are two
of the principals in "Birthday," due to
open at the 49th St. Theatre tonight.
Eddie Dowling is producer and a player
as well of "Thumbs Up" which opens at
St. James tomorrow night. In the cast
are Clark and McCullough. Hal LeRoy,
Sheila Barrett and J. Harold Murray, the
latter once a singer of importance in early
Fox musicals.
Herbert Rawlinson has the lead in "Baby
Pompadour" which comes to an undeter-
mined theatre Friday evening.
Fox Met Plan to Court
The plan of reorganization for Fox
Metropolitan Playhouses developed by
the bondholders' committee will be
presented to Federal Juds'e Julian W.
Mack in U. S. District Court here
tomorrow.
Costs a Factor
"General qual-
ity of the motion
picture is stead-
ily improving,"
declares Her-
bert J. Yates,
president o f
C o n s o lidated
Film Industries,
Inc.
"Public inter-
est is increas-
ing. If costs
can be reason-
ably controlled,
the industry
should make satisfactory progress
the coming year," he believes.
Yates recently returned from his
second trip to Hollywood in the
last couple of months.
Optimism for
Future Rules
With Thomas
By HARRY THOMAS
President, First Division
Exhibitors have struggled to keep
their heads above water for the past
five years. The
turning point
has already been
passed ; business
is perking up
ever ywh ere ;
money is going
into circulation;
people have lost
their fear ; a
rainbow's as-
cending rays of
sunshine are
penetrating
through the
black clouds of
the past. The exhibitors who have
operated their business as business
should be operated, will be rewarded
for their honest efforts. Nineteen hun-
dred and thirty-five looks like it will
be the best season in show business
since 1929. I hope that all branches
of the industry share in the harvest.
President Roosevelt's recovery plans
should put a great deal of money into
circulation and this additional money
in the hands of the potential theatre-
goers will be life blood to resuscitate
show business and put it back to the
enviable pitch it held at the time of
its greatest advance.
More Springfield Shows
Springfield, O., Dec. 25. — The Re-
gent, which recently installed vaude-
ville with its picture programs on
Saturdays and Sundays, has been
followed by the Fairbanks, which
features unit revues the first four
days of each week. Both are Cha-
keres-Warner first run spots.
This is the first time in local his-
tory that two houses have played
stage shows and pictures simultane-
ously.
"Character"
Stressed in
Coming Film
By CARL LAEMMLE, JR.
Vice-President, General Manager,
Universal Production
Prosperity returning, business con-
ditions getting better, film conditions
getting bet-
ter. This is
a sure indi-
cation that
produc-
tions of an
unusual
type will
grab even
bigger
grosses for
the picture
b u s i n e s s
next year.
Pictures of
the more im-
portant type
are planned for next year. This will
be good for the industry both from
the production standpoint and the
theatre standpoint.
It is my feeling that the more of
these historical, biographical, out-
standing-novel type of pictures and
musical comedies that are made in
the super class, the better off the in-
dustry will be. There is no doubt in
my mind that individual productions
of finished character will be the thing
for next year. More time will have
to be put into them, more thought,
more showmanship. But that is what
this industry is coming to and that
is where the big money lies.
With the important producers in
the industry making from six to eight
pictures a year instead of from 40
to 50 the quality of pictures is certain
to improve vastly and the industry
from every standpoint will be greatly
benefited. These producers can con-
centrate on important production mat-
ters and put their energies and abili-
ties into the necessary work of pro-
duction instead of delegating import-
ant production matters to others.
They have been forced to delegate
them in the past because of the time
element. I feel that the industry will
set a new mark for itself in 1935.
Must Cut Negative
Costs, Says Zukor
(Continued from page 1)
quality of the product, the hoped-for
gross increases of the new season will
be meaningless.
I view this rise in negative costs
as one of the most serious matters
ever faced by the industry. I believe
that it is out of all proportion to the
corresponding rise in commodity pric-
es and, unless it is remedied at once,
I believe we shall find ourselves mak-
ing pictures costing more than we can
take in at our box-offices. I hope that
1935 will see a satisfactory adjust-
ment of this problem and a consequent
black ink balance for the industry.
The Leading
Motio
Picture
Industry
MOTION PICTURE
DAILY
Alert,
Intelligent
the In
in All
Branches
VOL. 36. NO. 150
NEW YORK, THURSDAY, DECEMBER 27, 1934
TEN CENTS
Outlook Good
On Para* Plan;
Few Opposed
Hearing Set for Today
Before Judge Coxe
A minimum of creditor opposition
jto the Paramount Publix reorganiza-
tion plan is in evidence for the Federal
court hearing before Judge Alfred C.
Coxe this morning, indicating the pos-
sibility of the plan being accepted with
little delay.
No additional names have been
added to the board of directors of the
new company beyond the nine agreed
upon and the three temporary mem-
bers of the board, Austin Keough,
Walter B. Cokell and Max D. Howell.
Creditors' committees decided to re-
strict the present board to the 12
named until such time as the plan has
■been accepted and the Paramount trus-
tees have been relieved of their posts.
At that time the new board will take
■jver administration of the company,
(Continued on page 7)
Para. Studies Plan
To Telephoto News
Newsreel shots by telephoto so that
they can be shown in territories sur-
rounding 24 key spots approximately
two hours after they occur may de-
velop from experiments now being
conducted by Paramount News.
A private engineering firm is re-
ported to have been working on the
experiments for Paramount for the
(Continues on page 7)
Action, Music Big
Overseas: Reisman
Action pictures and musicals are most
in demand abroad, Phil Reisman, head
3f RKO-Radio's foreign department,
stated yesterday, having returned last
week from a five weeks' trip to Eng-
land and France.
Audiences in foreign countries do
not care for pictures in which the
(Continued on page 7)
N. E. Allied Men to
Meet in Boston Soon
Boston. Dec. 26.— Independent Ex-
hibitors of Mass., Inc., will be hosts
to other Allied units in New England
at a joint meeting to be held here
(Continued on page 11)
Dependable film delivery by members
of National Film Carriers, Inc. — Adv.
Oil Poured on
"UV Ruffled
Studio Waters
Laemmle, Sr., Jr., Agree;
Production Picks Up
Hollywood. Dec. 26. — Internal
troubles on the Universal lot have
been ironed out and the studio is now
oiling the ways for its next cycle,
which will include several of its prom-
ised big attractions.
Carl Laemmle, Jr., is back from an
extended stay in New York, sans any
European trip, and will devote his
time to six pictures a year, although
the title of general manager of pro-
duction will continue his. His father,
working in close association with his
(Continued on page 11)
Coast Production
Drops for Holiday
Hollywood, Dec. 26. — Due to the
holiday production registered a decided
decrease with a total of 33 features
and five shorts before the cameras as
compared to 41 and four the preceding
(Continued on page 11)
Fitzgerald to Sing
Boston, Dec. 26. — A smart
local tieup for the opening
of "Sweet Adeline" here is
the securing of former
Mayor John F. Fitzgerald
to sing the song of the same
name at the Paramount Wed-
nesday night. He is as well
known for the piece here as
Al Smith is for "East Side,
West Side" in New York.
Campi Ruling
Is Due Today
On Clearance
Decision, formally ruled and noted,
on whether clearance and zoning
schedules are to be discarded in favor
of individual protests is expected to
be made by Campi today at its regular
meeting, which will be attended by
Compliance Director Sol A. Rosen-
blatt.
Official records of Code Authority
show that, within the past seven
months, 637 clearance and zoning
(Continued on page 7)
Showmanship and Product
Count, Say Warner, Clark
By JOHN D. CLARK
General Manager, Distribution, Fox
Theatre grosses throughout the
country have been showing steady in-
creases lately
and there is
every reason to
suppose that
they will con-
tinue to do so
in 1935, pro-
vided, of course,
that general
business condi-
tions improve.
The public is
buying enter-
tainment, and
as long as the
quality of pic-
tures continues
upward as it has in the past several
months no one in the motion picture
business need fear the future. A
clearer and sounder basis of compari-
son with the past has been formulated,
and next year should find our business
advancing steadily.
r
By ALBERT WARNER
Vice-President, Warners
The prosperity of the industry dur-
ing 193S lies in the hands of the in-
dustry itself.
There are no
obstacles ahead
that wise, pro-
gressive show-
manship cannot \ ( Jw*" gtt
surmount.
L e g i t i -
mate competi-
tion is neces-
sary and desir-
able, but there
are problems
that can only be
solved by co-
operation. One
of these is the
problem of the double feature. The
team spirit, applied in the interest of
all of us, is the only way in which
this evil will ever be done away with.
The average quality of motion pic-
tures today is higher than ever be-
(Continued on page 2)
Deal Reached
On Operators9
Basic Scales
Said to Call for Cuts;
Hearing on Jan. 10
After four successive meetings at
Campi headquarters. Compliance Di-
rector Sol A. Rosenblatt's fact finding
committee yesterday reached a tem-
porary agreement for setting up a
basic wage scale for operators in New
York. It is understood reductions are
provided all along the line.
Rosenblatt, who has been attending
the meetings of the committee, has set
Jan. 10 for a public hearing in Wash-
ington, when objections to the agree-
ment will be heard. If none are voiced,
it is likely the temporary schedule will
be made permanent.
George Browne, president of the
I.A.T.S.E., did not attend yesterday's
session. He is in Chicago, his home
town, for the holidays. Louis Krouse,
his assistant, was present, and is un-
derstood to have approved the tem-
porary plan for Local 306, which is
being supervised by the international
since Harry Sherman resigned some
months ago.
Rosenblatt, spokesman for the fact
finding committee, could not be
reached last night at his home for a
statement, but it is understood an offi-
cial release from Washington will be
made on or before Saturday.
Film Lettering in
Kansas City Starts
Kansas City, Dtec. 26— Classifica-
tion of films in advertising, adopted by
Fox Midwest at its managers' conven-
tion last summer, has made its ap-
pearance here.
"The Affairs of Cellini," this week's
attraction at the Fox Apollo, a subur-
ban house, is given an "adult" label in
newspaper ads. The idea is conveyed
in the form of a seal informing the
reader the picture is "a selected
movie," approved by Better Films
Council for adults. Original plans
(Continued on page 7)
Chicago Suit Ends;
Product Split Seen
Indicating a product split-up among
Chicago's Loop theatres which would
make first run pictures for major com-
panies available to McVickers, that
theatre yesterday withdrew its anti-
trust suit preliminary motion at a
(Continued on page 2)
MOTION PICTURE
DAILY
Thursday, December 27, 1934
MOTION PICTURE
DAILY
(Registered U. S. Patent Office)
Vol. 36
December 27, 1934
No. 150
n
Martin Quigley
Editor-in-Chief and Publisher
MAURICE KANN
Editor
JAMES A. CRON
Advertising Manager
Published daily except Sunday and holi-
days by Motion Picture Daily, Inc., sub-
sidiary of Quigley Publications, Inc.,
Martin Quigley, President; Colvin Brown,
Vice-President and Treasurer.
Publication Office: 1790 Broadway, New
York. Telephone Circle 7 3100. Cable ad-
dress "Quigpubco, New York. All con-
tents copyrighted 1934 by Motion Picture
Daily, Inc. Address all correspondence to
the New York Office. Other Quigley pub-
idtionT: MOTION PICTURE HERALD,
BETTER THEATRES, THE MOTION
PICTURE ALMANAC and THE CHI
CAGOAN. , "TT • i-f
Hollywood Bureau: Postal Union Lite
Building, Vine and Yucca Streets, Victor
M. Shapiro, Manager; Chicago Bureau: 407
South Dearborn Street, Edwin S. Clif-
ford, Manager; London Bureau: Remo
House, 310 Regent St., London, W. 1,
Bruce Allan, Representative. Cable address:
"Quigpubco, London"; Berlin Bureau:
Berlin - Tempelhof , Kaiserin - Augustastrasse
28, Joachim K. Rutenberg, Representative;
Paris Bureau: 19, Rue de la Cour-des-
Noues, Pierre Autre, Representative; Rome
Bureau: Viale Gorizia, Vittorio Malpassuti,
Representative; Sydney Bureau: 102 Sus-
sex Street, Cliff Holt, Representative; Mex-
ico City Bureau: Apartado 269, James
Lockhart, Representative; Glasgow Bureau:
86 Dundrennan Road, G. Holmes, Repre-
sentative; Budapest Bureau: 3, Kaplar-u,
Budapest, II, Endre Hevesi, Representa-
tive; Moscow Bureau: Civtzev Vrazhek,
N. 25, Apart. 146, Moscow, U. S. S. R.,
Bella Kashin, Representative. Cable ad-
dress: "Samrod, Moscow."
Entered as second class matter, January
4 1926, at the Post Office at New York
City, N. Y., under Act of March 3, 1879.
Subscription rates per year: $6 in the
Americas, except Canada $15 and foreign
$12. Single copies: 10 cents.
Brandts Hike Salaries
Home office employes of the
Brandt circuit have been given a 10
per cent increase. Theatre workers
have been advanced from $1 to $5, ac-
cording to term of service. The hike
in the Brandt payroll amounts to
$298 weekly.
Saland Gives Increases
Nat Saland of Mercury has in-
creased employes' salaries from 10 to
25 per cent. He also closed yesterday
to do the exclusive film printing on the
eight Ken Maynard westerns for Burr
Enterprises, Inc.
Take Over Spanish Film
Criterion Films, headed by M. D.
Strong, has acquired eastern distribu-
tion to "Campanas de Amor" ("Bells
of Love"), Spanish-language feature
now nearing completion here.
Finish Palestine Film
Motion Picture Bureau, Inc., has
completed "The Romance of Pales-
tine," based on a story written by
Ludwig Lewisohn, who also appears
in the film.
Fox Moving in Boston
Boston, Dec. 26. — The transfer of
Fox to its new exchange building,
nearly opposite the present site on
Broadway, should be completed Fri-
day, it is now believed.
Maloy Income Probe
Resumed in Chicago
Chicago, Dec. 26. — Investigation of
the income tax of Tom Maloy, head of
the operators union, has been resumed
and Maloy, Ralph O'Hara, his assist-
ant, and Tom Reynolds, president of
the union, have been summoned to
Federal court.
The Maloy summons promises to re-
open investigation into union affairs
which may involve Jack Miller, head
of the Chicago Exhibitors' Ass'n.
Miller figures as a party to the Maloy
hearing as a witness in connection
with his testimony before a grand jury
and subsequently before Federal Judge
Wilkerson on contempt charges.
Miller's trial was continued several
months ago.
Both the cases against Maloy and
Miller have been dormant six months.
Chicago Suit Ends;
Product Split Seen
(Continued from page 1)
hearing before Judge Murray Hu
bert in U. S. District Court here.
McVickers had asked for leave to
make Paramount and the trustees of
the company defendants in the anti
trust action to be based on the alleged
inability of the theatre to obtain suit
able product. The action was also to
name as defendants Balaban & Katz of
Chicago, and major company dis
tributors. McVickers, operated by
Jones, Linick & Schaefer, was for
merly sub-let to B. & K., but was re
linquished by that company last sum
mer.
Chicago, Dec. 26. — Rosenberg
Toomin & Stein, representing J., L.
& S., declined to comment on
the withdrawal of the suit, declar
ing there may be an announcement
tomorrow. B. & K. officials had
no knowledge of the withdrawal.
Aaron Jones of J., L. & S. could not
be reached. The McVickers deal is
held improbable. It was even denied
an eastern suit had been filed.
DuWorld Gets Musical
DuWorld has acquired North and
South American distribution of a
musical now being produced in Vienna
tentatively titled "Viennese Love
Song," in which Maria Jeritza is
starred.
Albert Warner Says
Showmanship Counts
(Continued from page 1)
fore. There is an enormous public
waiting for every good picture and
the problem of the theatres is to bring
together the picture and the public
that will appreciate and support it.
That is where showmanship comes in.
Every exhibitor should study not only
his public in mass, but the different
sections of that public that will re-
spond to the appeal of different kinds
of pictures.
I look forward to an excellent year
for motion pictures. Intelligence and
courage are the golden keys that will
open the doors of prosperity.
Northwest Indies Unite
Minneapolis, Dec. 26. — Twenty
Minnesota and South Dakota exhibi-
tors have started a new organization
called the Independent Theatre Own-
ers' Ass'n. J. B. Clinton of Duluth
has been one of the leaders in the
movement, and has been named presi-
dent.
Other officers are: Secretary-treas-
urer, E. L. Peaslie. Stillwater ; direc-
tors, H. J. Ludcke, St. Peter, Minn. :
Bert Parson, Springfield, Minn. ; J.
L. Anderson, Plankington, S. D. ; Roy
McKinn, Superior, Wis., and George
Rvan, Hector, Minn.
Arthur C. Melvin Killed
Baltimore, Dec. 26. — Arthur C.
Melvin, Fox salesman in this territory
for many years, died in Franklin
Square Hospital from injuries re-
ceived when he was struck by an auto-
mobile while crossing North Ave. at
Druid Hill. Melvin was well liked
here and during his long years of
faithful and efficient service with Fox
he had built up a fine reputation for
faithful service.
F. E. Johnson Buried
Akron, Dec. 26. — Funeral services
were held here Monday for Fred E.
Johnson, 55, widely-known exhibitor,
who died suddenly at St. Paul, Minn.,
where he had gone with hi« wife to
spend the holidays with his sister.
He was born at Kent, O., and at
different times managed houses at
Lorain, Zanesville, Cambridge, Card-
ington, Oil City and Wheeling.
Big Board Trading Has Off Day
Net
Change
- 54
- X
+1
+ 5
*4
- 54
- 54
High Low Close
Columbia Pictures, vtc... 3754 3754
Consolidated Film Industries 6 5*4 5*4
Consolidated Film Industries, pfd 1934 1954 19*S
Eastman Kodak 11154 HO 11054
Eastman Kodak, pfd 141 141 141
Fox Film "A" 1354 13 13
Loew's, Inc 3454 3354 34
Loew's, Inc.. pfd 103^ 10354 10354
Paramount Publix, cts 3*6 3Vtt 354
Pathe Exchange 154 154 VA
Pathe Exchange "A" 14*6 14 14
RKO 254 254 254
Warner Bros 454 4 454
Trans Lux Advances % on Curb
Net
Hii»h Low Close Change
Technicolor 1214 12*4 12*4 — 54
Trans Lux 2*4 254 254 + *4
Sales
300
1.000
2.100
1.200
2,000
900
2.800
100
6,400
200
500
600
6.200
Sales
300
2,400
G. T. E. Bond Issues in Decline
Net
General Theatre Equipment 6s '40
General Theatre Equipment 6s '40, ctf.
Paramount Broadway 5*/2s '51
Paramount F. L. 6s '47
Paramount Publix 554s '50
Pathe 7s '37. ww
Warner Bros. 6s '39, wd
High
8*4
8
Low
8*4
8
Close
8*4
8
Change
— 54
-34
Sales
12
4
45
4454
45
50
62
61
61
-a
16
62
6154
61*4
32
100*4
10054
10054
+ 54
3
58*4
58*4
58*£
+ 54
10
< Purely
Personal ►
ARTHUR A. LEE, vice-president
of Gaumont British ; George W.
Weeks, general sales manager, and
Jack Schlaifer, special sales repre-
sentative, left for Chicago yesterday
afternoon for conference with the mid-
west sales division.
Morris Lane, of the State Film
Service, received a Christmas present
in the form of a 10-pound son early
Christmas morning. Both mother and
child are doing well at the Madison
Park Hospital, Brooklyn.
Hyman Rachmil, Brooklyn circuit
owner, plans to leave for the coast
the end of January to visit his son
Lewis for about two months. Lewis
Rachmil is part owner of Goldsmith
Prod.
Beatrice Lillie has been signed for
a four-week engagement at the Rain-
bow Room, Rockefeller Center.
Richard W. Krakeur of the Leo
Morrison office handled the deal.
E. M. Saunders, western division
manager for M-G-M, returned Mon-
day from a month's trip, having vis-
ited a number of exchanges and the
studios.
Allen Rivkin is in New York
from Hollywood. At the Waldorf
until the 10th and expects to see 18
shows between now and then.
Al Selig returned yesterday from
Boston, where he spent three weeks
on "Mighty Barnum" and "Private
Life of Don Juan" campaigns.
Louis Cohen has postponed his trip
to the coast where he intended to
spend the hoMdays with his family.
He plans to go later.
Frank Sullivan's sketch, "A Min-
istering Angel," has been acquired by
Paramount for a sequence in "The Big
Broadcast."
Ben Verschleiser, Monogram
supervisor, may leave for the coast
Saturday. He's visiting his folks
here.
Dave Levy, who was forced to post-
pone his trip to Florida due to illness,
leaves Saturday for Palm Beach.
Eddie McEvoy sailed yesterday on
the Monarch of Bermuda for Ber-
muda. Vacation stuff.
Artie Stebbins, in for the holidays,
will remain in these parts for a num-
ber of days yet.
Adolphe Menjou and his bride,
Veree Teasdale, are due back on the
coast tomorrow.
Ben Schulberg and his family
sailed last night on the Aquitania for
a short cruise.
Trem Carr, head of Monogram
production, is scheduled to arrive in
town next week.
Walter Eberhardt is on the last
lap of the latest in his cycle of mys-
tery yarns.
Compliance Director Sol A. Ro-
senblatt spent the Yule holiday with
his family.
Mady Christians is in town. At
the Park Central.
William Fiske is in Switzerland
taking in the sports.
Irving Shiffrin of RKO Radio is
down with a cold.
A. H. Schwartz leaves shortly on
his annual Miami vacation.
FOUR YEARS AGO
the shot that will be seen around the
world was taken— and Paramount's "The Lives
of a Bengal Lancer" went into production.
FOUR YEARS LATER
. . . after many months of untiring effort,
Paramount proudly presents "The Lives of a
Bengal Lancer" a thrill-packed story of courage.
GALLANTRY • ROMANCE • THRILLS • ACTION
IF I T f S A PARAMOUNT PICTURE
HEROISM FASCINATION * INTRIGUE
m
T'S THE BEST SHOW IN TOWN...
THE LIVES OF A
BENGAL LANCER
■ i
GARY COOPER
as"Captain MacGregor"— sabre-slashing, devil-
may-care fighter who would rather die with
honor than live without it! It's Cooper of
"Morocco"— "Farewell to Arms"— "The Virginian'
— in another big picture of the stamp that
made him box-office!
FRANGHOT TONE
as "Lieutenant Forsythe" — a raw recruit under
India's burning skies who becomes a seasoned
campaigner ... contemptuous of love and smil-
ing at death. Franchot Tone steps out of a
dress suit and into a uniform that will win him
more plaudits than any role he's played!
RICHARD CROMWELL
as "Lieutenant Stone" — Inexperienced in battle,
a novice at love ... his kiss seals the doom of
2000 men and made heroes of a gallant band!
KATHLEEN BURKE
as"Tania"— the Russian adventuress who plays
the Lancers false, betrays them to the Afridif.
SIR GUY STANDING
as "Colonel Stone"— Soldier, martinet, sly as
a fox, but a fool when it comes to handling his
own son. The best role yet for this player.
C. AUBREY SMITH
GrufF warrior of "Queen Christina and
"Cleopatra" makes another old war-dog be-
lievable and lovable on the screen.
IP IT'S A PARAMOUNT PICTURE IT'S THE REST SHOW IN TOWA!
Thursday, December 27, 1934
MOTION PICTURE
DAILY
7
Hollywood Personals
Hollywood, Dec. 26. — Mrs. Harry Carey signed for "Naughty
Marietta" at M-G-M. . . . Violet Axzelle, former child star, gets a
role in "The Wedding Night" for Goldwyn. . . . Helen Hayes and
Charles MacArthur postpone their trip to Russia. . . . Cotton
Warburton and Julie Bescos, football stars, playing bits in
"Naughty Marietta." . . . Fox even put "production" into the trim-
ming of the studio Christmas tree. . . . Three carpenters on a
scaffold tied on the ornaments. . . . Fiske O'Hara, signed for "The
Winning Ticket" at M-G-M, is working for Director Charles
Reisner, who was his prop boy when O'Hara was a matinee
idol. . . . Aileen Pringle is making a screen return in M-G-M's
"Vanessa." . . . Frank Morgan shaves off his mustache for the
first time in 17 years. . . . Alfred Santell opens his Idyllwild home
for the first time since his return from England. . . . Sidney
Blackmer signed for "The Little Colonel" at Fox. . . . Helen Barney
of the Radio publicity department doing nicely following an
appendicitis operation. . . .
Outlook Good
On Para. Plan;
Few Opposed
(Continued from page 1)
and additions to the board, which may
have a maximum of 20 members, are
expected to be made.
Judge Coxe yesterday accepted the
resignation as trustee of Charles E.
Richardson, leaving the interim ad-
ministration with Charles D. Hilles
and Eugene W. Leake. Richardson is
regarded as a strong candidate for a
post on the new board later and also
for vice-presidency of the new com-
pany. He declined to comment yes-
terday on reports linking his name
with these posts, ascribing his resig-
nation only to "pressure of private
business affairs," the reason he gave
when tendering his resignation as trus-
tee last summer. At that time, how-
ever, he was prevailed upon to remain
until Paramount reorganization had
become a fact.
Allied Opposition Expected
Principal opposition to acceptance
of the reorganization plan by the
court at today's hearing is expected
to come from Allied Owners, one
of the largest creditors of Paramount,
which, impelled by its own bondhold-
ers, may ask for changes in the Para-
mount Broadway reorganization pro-
visions, the settlement with the bank
group and for assurances that indus-
try men will be named to the board of
the new company. Trustees of Allied,
William Greve, Stephen Callahan and
Percival Jackson, met yesterday to de-
termine the company's stand on op-
posing or recommending the plan and
are understood to have agreed upon a
modified program of opposition which
will be confined largely to recommen-
dations for changes along the lines
noted.
Samuel Zirn, counsel for small
Paramount bondholder interests, has
also stated that he would oppose the
plan in several particulars but had
no definite objections when queried
last night. Saul E. Rogers, counsel
for other Paramount bondholders, in-
dicated that he found little objection
| to the major provisions of the plan and
>aid he favored as speedy a rehabili-
tation as possible, in the belief that de-
lay now might be disastrous to the
company. All large creditor commit-
' tees will appear in support of the
j plan.
Para. Studies Plan
To Telephoto News
(Continued from page 1)
! past four weeks with the aim of test-
] ing the practicability of the apparatus
and working out an estimate of the
I cost.
Transmitting laboratories would be
j located in 24 major cities. Negative
would be rushed to these, developed
and transmitted to the other keys by
; wire. Each station would also be
equipped for receiving from other
places.
It is figured that some of the ex-
pense could be cut by supplying tele-
photo pictures of spot news to news-
papers, according to Motion Picture
Herald. The first experimental trans-
mission will be from Los Angeles to
New York.
Gaumont British was the first to
try the stunt on the finish of the Eng-
land to Australia air race. It took 68
hours to do it by Radio, due to
weather interference, and cost $30,264
for eight feet of film.
Paramount's private estimate of the
added expense of telephoto is under-
stood to be §10,000 additional on the
weekly overhead.
Virtually all important newspapers
now use telephotoed pictures of head-
line events. The newsreels must de-
pend on specially chartered airplanes
first to fly the negatives from the
scene of action to the laboratory and
then to fly the prints to the larger key
city accounts.
Shapiro Deals Denied
Boston, Dec. 26. — Both Gene
Gross and Celia Shapiro, execu-
tives of the Franklin Prod., Inc., inde-
pendent Piedmont Street exchange,
disclaim any knowledge of the prog-
ress made by William Shapiro, ex-
change owner, in acquiring British
franchise rights in New England and
possibly in the United States. They
say the Hub film man should be home
within a few days, at which time a
statement will be forthcoming.
Ask New Award Rules
Hollywood, Dec. 26. — Recommen-
dation for changes in the rules for
nominations for the annual Academy
camera award has been made by
cameramen representing the photo-
graphic section of the technicians'
branch of the organization. The
cameramen are in preference of hav-
ing each member of the profession
asked to submit the name of the two
productions which he considers rep-
resentative of his best work.
Two Firms Chartered
Albany, Dec. 26. — Noah Produc-
tions, Inc., has been chartered to deal
in talking pictures. Jerome F. Mayer,
Harriet S. Taylor and James S. Lin-
burn are directors and subscribers.
Berndt-Maurer Corp. has been
chartered to exhibit. Morris Talbot,
Lena Doroshkin and Harry Talbot
are directors and subscribers.
"U" Signs Harburg
Hollywood, Dec. 26. — Universal has
signed B. Y. Harburg, New York
musical producer, as head of the music
department. This will be the first
time such a post has been listed at
Universal since "King of Jazz."
Action, Music Big
Overseas: Reisman
(Continued from page 1)
greater percentage consists of dia-
logue. They want action, he said.
These type of films usually gross more
abroad than in this country, Reisman
averred. American pictures are pre-
ferred in all countries. He added
English producers have shown a de-
cided improvement. Business in Eng-
land is very good, he stated.
Reisman announced that with the
promotion of Ralph Hanaberry to the
post of general manager of Radio Pic-
tures, Ltd., W. W. Jay, formerly as-
sistant sales manager, has been made
sales manager. He also stated that
Harry Leasin, managing director of
RKO Radio Pictures, S.A., closed
1934-35 distribution contracts with
Arta Films of Roumania, Cinea Al-
liance of Greece, Marak Films of Per-
sia and Cinema Co. of Indo-China.
Jack Kennedy, special representative
for Radio Pictures International,
closed deals with Meyrowitz Distribu-
tion Co. of Poland and another for
Hungary.
Loew Protection Up
Members of the I.T.O.A. today will
meet to discuss alleged excessive pro-
tection by Loew's in this territory.
The topic was to have come up at the
last meeting, but was postponed until
today because of protracted discus-
sions revolving around the annual ball
the unit will stage.
F. D. Has House Organ
First Division is now publishing its
own house organ, a weekly publica-
tion titled "Excel-erator," with Ruth
Schwerin as editor.
Pat Garyn left last night for Chi-
cago on a tour of mid-western states
in connection with March of Time
sales.
Norton Gets Post Job
Boston, Dec. 26. — Elliot Norton
has been appointed dramatic editor,
vacated by death, on the Boston Post.
Norton, previously a roving reporter
on the paper, has been given a din-
ner by film and theatre men and con-
temporaries.
Plans New Shorts Series
Hollywood, Dec. 26. — Harold
Hecht, former dance director, is plan-
ning a series of shorts titled
"Goonies," using for subjects the er-
rors made by college students in filling
out official forms.
Hecht will call his company,
Goonies, Inc.
Campi Ruling
Is Due Today
On Clearance
. .(Continued from page 1)
cases have been heard by the 64 local
boards, of which only 20 per cent
have been appealed. It is concluded
from the statistics that this method of
handling clearance cannot be super-
seded beneficially by schedules, ac-
cording to codists. It is pointed out
that if a clearance and zoning plan
for a territory is adopted, exhibitors
can still file individual complaints if
they have been grieved.
The major obstacle confronting
Campi on schedules is price-fixing,
which is contained in all plans where
releases are set, according to admis-
sions. Price-fixing will not be tol-
erated by Code Authority and until
this barrier can be hurdled no schedule
will be adopted.
Meanwhile Kansas City, New
Haven and Buffalo schedules are on
the calendar today for discussion. It
is expected they will be returned and
local boards advised to revert back
to the individual protest procedure,
which has been held up in all terri-
tories where schedules have been pro-
mulgated. About 20 individual appeals
on clearance and zoning will be heard
next month by Campi committees.
Film Lettering in
Kansas City Starts
(Continued from page 1)
contemplated the use also of a "fam-
ily" seal.
The Apollo is committed to a policy
of selected pictures, both first and sub-
sequent run, of a type appealing to
discriminating audiences.
An all-time record for length of
run in Kansas City was marked up
by "One Night of Love" which has
completed nine weeks at the Apollo.
This was a subsequent showing. Con-
rad Mann, former president of the
Chamber of Commerce, saw the pic-
ture 12 times, and Mrs. Mann at-
tended 16 performances. It is esti-
mated by James Long, manager of the
Apollo, that 30 per cent of the audi-
ences saw "One Night of Love" two
or more times.
Film Plea to Governor
Governor Lehman has been urged
by the film committee of the Social
Service Commission of the Protestant
Episcopal Church of the diocese of
New York to make suggestions in
his message to the legislature for
legislation to elevate the moral and
social standards of the industry.
Say LeRoy Wants Talley
Kansas City, Dec. 26. — Warners
are reported in contract negotiations
with Marion Talley, opera star who
hails from Kansas City. Mervyn Le-
Roy wants her for a picture, accord-
ing to reports.
Votion Sheldon's Aide
Hollywood, Dec. 26. — Jack Votion,
former business manager, has been
appointed assistant to E. Lloyd Shel-
don at Paramount.
MOTION PICTURE
DAILY
Th ursday, December 27, 1934
66
Evensong,"
Show,Top in
Philadelphia
Philadelphia, Dec. 26. — All down-
town houses took a shellacing last
week with the exception of the Fox,
which had "Evensong" and a stage
bill headed by Lee Sims and Ilomay
Bailey. The $13,000 take was $1,000
over par.
"The Private Life of Don Juan" was
somewhat better than fair with $7,000
at the Aldine.
Total first run business was $53,500.
Average is $63,230.
Estimated takings for the week end-
ing Dec. 20 :
"PRIVATE LIFE OF DON JUAN"
(U. A.)
ALDINE — (1,200), 35c-40c-55c, 8 days.
Gross: $7,000. (Average, 6 days, $7,000)
"WE LIVE AGAIN" (U. A.)
(2nd run)
ARCADIA— (600), 25c-35c-40c, 6 days.
Gross: $1,800. (Average, $2,400)
"EVELYN PRENTICE" (M-G-M)
BOYD— (2,400), 35c-40c-55c, 3 days, 2nd
week. Gross: $4,000. (Average, 6 days,
$12,000)
"BABBITT" (Warners)
EARLE— (2,000), 40c-55c-65c, 6 days.
Stage: Paul Ash, Charles Kemper, Stanley
Twins, the Murrays, Ray Huling and Seal,
Four Franks. Gross: $11,500. (Average,
$12,000)
"EVENSONG" (Gaumont-British)
FOX— (3,000), 40c-55c-65c, 6 days. Stage:
Lee Sims and Illomay Bailey, Jack Eddy
& Co., Allen and Kent. Gross: $13,000.
(Average, $12,000)
"PAINTED VEIL" (M-G-M)
(2nd run)
KARLTON— (1,000), 2Sc-35c-40c, 6 days.
Gross: $3,500. (Average, $3,500)
"FATHER BROWN, DETECTIVE"
(Para.)
STANLEY— (3,700), 35c-40c-55c, 6 days.
Gross: $7,500. (Average, $12,000)
"MRS. WIGGS OF CABBAGE PATCH"
(Para.)
STANTON— (1,700), 35c-40c-50c, 6 days.
Gross: $5,200. (Average, $6,000)
"Lies" and "Gift"
Big in Providence
Providence, Dec. 26. — The Strand
and Fay's were top houses here for
the week, the former catching $8,300
with "White Lies" and "It's a Gift."
Fay's, booking a vaudefilm show,
caught a nifty $8,000, and the RKO
Albee was close to that figure with
a similar bill.
The holiday season did not inter-
fere with trade at the downtown
houses, but seemed to stimulate busi-
ness.
Loew's failed to click with "Pri-
vate Life of Don Juan" and "The
Gay Bride," netting only $7,000, which
is $5,000 under par.
Total first run business was $39,400.
Average is $40,500.
"IT'S A GIFT" (Para.)
"WHITE LIES" (Col.)
STRAND— (2,300), 15c-40c, 7 days. Gross:
$8,300. (Average, $6,500)
"ST. LOUIS KID" (Warners)
"THE FIREBRAND" (Warners)
MAJESTIC— (2,400), 15c-40c, 7 days.
Gross: $7,000. (Average, $7,000)
"I AM A THIEF" (Warners)
FAYS— (1,600), 15c-40c, 7 days. Stage:
"Music Hall Varieties." Gross: $8,000. (Av-
erage, $7,000)
"PRIVATE LIFE OF DON JUAN" (U. A.)
"THE GAY BRIDE" (M-G-M)
LOEW'S STATE— (3,800), 15c-40c, 7 days.
Gross: $7,000. (Average, $12,000)
"WEST OF PECOS" (Radio)
RKO ALBEE— (2,300), 15c-40c, 7 days.
Stage: "Tunes and Steps" revue. Gross:
$7,900. (Average, $7,000)
"WEDNESDAY'S CHILD" (Radio)
RKO VICTORY— (1,600), 10c-25c, 4 days
Gross: $1,200. (Average, $1,000)
"Imitation"
3rd -Week Top
On the Coast
Los Angeles, Dec. 26. — "Imitation
of Life" demonstrated its drawing
powers in its third week at the Pan-
tages in the face of a Christmas
slump that hit nearly all the other
first runs. The gross of $6,200 was
nearly triple the usual take for the
house.
"Evelyn Prentice" was the only
other big draw of the week. It ran
up to $6,000 at the United Artists, over
par by $2,500. A dual, "Death on the
Diamond" and "Gambling," was strong
at the 4-Star, but elsewhere business
was in a bad way.
Total first run business was $66,500.
Average is $88,450.
Estimated takings for the week end-
ing Dec. 19 :
"THE LAST GENTLEMAN" (U. A.)
CHINESE— (2,500), 30c-65c, 7 days. Stage
Sid Grauman's prologue, Raymond Paige
and his orchestra. Gross: $7,500. (Average,
$12,500)
"DEATH ON THE DIAMOND" (M-G-M)
"GAMBLING" (Fox)
4-STAR— (900), 30c-55c, 7 days. Gross:
$3,500. (Average, $3,250)
"THE LAST GENTLEMAN" (U. A.)
LOEW'S STATE— (2,413), 30c-55c, 7 days.
Gross: $8,000. (Average, $14,000)
"ONE HOUR LATE" (Para.)
PARAMOUNT— (3,595), 30c-55c, 7 days.
Stage: Rube Wolf and his orchestra, 5
Ring Circus. Gross: $12,500. (Average, $18,-
000)
"ANNE OF GREEN GABLES" (Radio)
RKO— (2,700), 25c-65c, 7 days. Gross:
$7,700. (Average, $8,000)
"EVELYN PRENTICE" (M-G-M)
UNITED ARTISTS— (2,100), 25c-55c, 7
days. Gross: $6,000. (Average, $3,500)
"ANNE OF GREEN GABLES" (Radio)
WARNER BROS. (Hollywood)— (3,000),
25c-65c, 7 days. Gross: $7,500. (Average,
$14 000)
"I AM A THIEF" (Warners)
WARNER BROS. (Downtown)— (3,400),
25c-40c, 7 days. Stage: Six acts vaudeville,
Olive Jones, Oscar Baum and his orchestra.
Gross: $7,600. (Average, $12,000)
"IMITATION OF LIFE" (Univ.)
PANTAGES— (5,000), 25c-40c, 3rd week, 7
days. Gross: $6,200. (Average, $3,200)
"Murder" and Show
Indianapolis High
Indianapolis, Dec. 26. — A combina-
tion of "Murder in the Clouds" and
Olsen and Johnson lifted the Lyric out
of the pre-Christmas slump in a big
way by piling up $11,000. This tops
par by $4,000.
The showing was outstanding, as all
other downtown houses took it on the
chin. "Music in the Air" took only
$2,500 at the Apollo and "Behold My
Wife" was just half the normal take
at the Indiana.
Total first run business was $22,000.
Average is $18,500 without the Apollo
and Lyric.
Estimated takings for the week end-
ing Dec. 22 :
"MUSIC IN THE AIR" (Fox)
APOLLO— (1,100), 25c-40c, 7 days. Gross:
$2,500.
"WEST OF PECOS" (Radio)
"FIREBIRD" (Warners)
CIRCLE— (2,800), 25c-40c, 7 days. Gross:
$2 250
"BEHOLD MY WIFE" (Para.)
INDIANA— (3,133), 25c-40c, 7 days. Gross:
$3,500. (Average, $7,000)
"MURDER IN THE CLOUDS"
LYRIC— (2,000), 25c-40c, 7 days. Stage:
Olson & Johnson. Gross: $11,000. (Aver-
age, $7,000)
"GAY BRIDE" (M-G-M)
PALACE— (3,000), 25c-40c, 7 days. Gross:
$2,750. (Average, $4,500)
Some Outlook
Providence, Dec. 26. — Films
in the future will be consid-
ered as seriously as the Eliz-
abethan drama is today, in
the opinion of Prof. S. Foster
Damon of the English de-
partment of Brown Univer-
sity. As time goes on pic-
tures will become more ex-
alted, he told a large audi-
ence at an Institute of Art
session in the Rhode Island
School of Design.
"Girl," Show
Detroit High
With $18,600
Detroit, Dec. 26. — "The Richest
Girl in the World" made an excellent
showing in a week distinguished by
uniformly low grosses elsewhere. The
take at the Fox, with six acts of
vaudeville, was $18,600, over par by
$3,600.
Every other first run was below
average, but "The President Van-
ishes" was better than fair with a take
of $9,300 at the United Artists.
Total first run business was $61,700.
Average is $65,000.
Estimated takings for the week end-
ing Dec. 21 :
"BACHELOR OF ARTS" (Fox)
"ELINOR NORTON" (Fox)
ADAMS— (1,770), 10c-40c, 7 days. Gross:
$4,200. (Average, $5,000)
"RICHEST GIRL IN WORLD" (Radio)
FOX— (5,100), 15c-55c, 7 days. Stage: 6
acts vaudeville. Gross: $18,600. (Average.
$15,000)
"EVELYN PRENTICE" (M-G-M)
"PURSUIT OF HAPPINESS" (Para.)
FISHER— (2,975), 15c-40c, 7 days. Gross:
$6,200. (Average, $10,000)
"IT'S A GIFT" (Para.)
MICHIGAN— (4.100), 15c-55c, 7 days.
Stage: 6 acts vaudeville. Gross: $19,300.
(Average, $20,000)
"EVELYN PRENTICE" (M-G-M)
"MENACE" (Para.)
(2nd Run)
STATE— (3,000, 15c-40c, 7 days. Gross:
$4,100. (Average, $5,000)
"PRESIDENT VANISHES" (Para.)
UNITED ARTISTS— (2,070), 15c-55c, 7
days. Gross: $9,300. (Average, $10,000)
"Herbert," Show
Hit in Oklahoma
Oklahoma City, Dec. 26. — "Big
Hearted Herbert," helped by a stage
show, "Georgia Minstrels," managed
to fight off the pre-Christmas slump
with a take of $2,600 in four days at
the Liberty. "Cheating Cheaters,"
which went on for the other three days
took only $550.
Total first run business was $10,650.
Average is $13,500.
Estimated takings for the week end-
ing Dec. 22 :
"LIMEHOUSE BLUES" (Para.)
WARNER— (1,900), 10c-20c-36c-41c-56c, 7
days. Gross: $2,900. (Average, $5,000)
"GAY BRIDE" (M-G-M)
MIDWEST— (1,500), 10c-26c-36c-56c, 7
days. Gross: $2,900. (Average, $4,000)
"MUSIC IN THE AIR" (Fox)
CAPITOL— (1,200), 10c-20c-26c-36c-41c, 7
days. Gross: $1,700. (Average, $2,000)
"BIG HEARTED HERBERT" (Warners)
LIBERTY— (1,500), 10c-15c-26c-36c, stage:
"Georgia Minstrels," 4 davs. Gross:
$2,600. (Average week, $2,500)
"CHEATING CHEATERS" (Univ.)
LIBERTY— (1,500), 10c-15c-26c-36c, 3 days.
Gross: $550. (Average week, $2,500)
99
Adventure,
Show $13,000
In Pittsburgh
Pittsburgh, Dec. 26. — The pre-
Christmas slump here was just as
severe as ever, with only two houses
managing to withstand it. In both of
these instances, there was strong stage
support.
At the Alvin, the Mills Brothers
bolstered "One Exciting Adventure"
perceptibly and gave the house an
excellent $13,000, while at the Penn,
Guy Lombardo's Standard Oil show
came in for two days only to enable
"Evelyn Prentice" to gather $14,000
in its eight-day stay. One of the big-
gest flops of the season was "Student
Tour" at the Fulton, where it was
yanked after four days to $1,900, while
"Anne of Green Gables" was hardly
much better at the Stanley, collecting
only $5,700 in five days.
Total grosses in six first runs were
§43,500. Average is $46,500.
Estimated takings for the week end-
ing Dec. 20 :
"ONE EXCITING ADVENTURE" (Univ.)
ALVIN— (2,000), 25c-40c. 6 days. Stage:
Johnny Perkins, Mills Brothers, Gregory
and Ramon, Jules and Josie Walton, Jerry
Mayhall's band. Gross: $13,000. (Average,
$10,000)
"STUDENT TOUR" (M-G-M)
FULTON— (1,750), 15c-40c, 4 days. Gross:
$1,900. (Average for 6 days, $4,500)
"EVELYN PRENTICE" (M-G-M)
PENN— (3,300), 25c-50c, 8 days. Stage:
Two days only, Guy Lorbardo, Cross and
Dunn, Joan Abbott and Pat Barnes. Gross:
$14,000. (Average, $12,000)
"LIGHTNING STRIKES TWICE" (Radio)
PITT— (1,600), 15c-35c, 6 days. Stage:
"Schooldays on Parade" unit, with War-
ren and Skinny Candler, Ruby Barth, Harry
Richards, Cliff Carr, Lee Kramer, Bob,
Babs and Bunny, Nelson Maples Collegians.
Gross: $4,700. (Average, $6,000)
"ANNE OF GREEN GABLES" (Radio)
STANLEY— (3,600), 25c-50c, 5 days.
Gross: $5,700. (Average for 6 days, $9,000)
"WAKE UP AND DREAM" (Univ.)
"READY FOR LOVE" (Para.)
WARNER— (2,000), 25c-40c, 6 days. Gross:
$4,000. (Average, $5,000)
"Imitation" High,
2nd Buffalo Week
Buffalo, Dec. 26. — "Imitation of
Life" still was well over average in
its second week, getting $9,300 against
a normal $6,500 in the Lafayette.
Everything else was off. Snow, ice,
slush and Christmas shopping were
factors.
Total take was $36,700. Normal is
$42,800.
Estimated takings for the week end-
ing Dec. 21 :
"TRANSATLANTIC MERRY-GO-
ROUND" (U. A.)
BUFFALO— (3,500), 30c-55c, 7 days. Stage:
Benny Davis and his "Star Dust" revue,
with Jimmy Shea & Guy Raymond, Rollo
Pickert, Edith Mann, Bobby Bernard.
Jimmy Byrnes & Evelyn Farney, Blanche
Lewis, Bobby Lane, Ruth King, Winstead
Trio and Danny White. Gross: $12,500.
(Average, $14,300)
"READY FOR LOVE" (Para.)
"WAGON WHEELS" (Para.)
CENTURY— (3,000), 25c, 7 days. Gross:
$5,000. (Average, $6,000)
"GENTLEMEN ARE BORN" (F. N.)
"MARIE GALANTE" (Fox)
GREAT LAKES — (3,000) , 25c-40c, 6 davs.
Gross: $3,800. (Average, $8,000)
"THE PRIVATE LIFE OF DON JUAN"
(U. A.)
"ITS A GIFT" (Para.)
HIPPODROME— (2,100). 25c-40c, 7 days.
Gross: $6,100. (Average, $8,000)
"IMITATION OF LIFE" (Univ.)
LAFAYETTE— (3,300), 25c, 7 days, 2nd
week. Gross: $9,300. (Average, $6,500)
Thursday, December 27, 1934
MOTION PICTURE
DAILY
9
MOTION PICTURE DAILY*
HOLLYWOOD PREVIEW
"The Gilded Lily
i Paramount)
Hollywood, Dec. 26. — Eentertaining and interesting from start to
finish, this seems destined for certain popularity. The modern story,
with light, dramatic romance sparkling with comedy, is lively wit,
colorful action and dialogue intelligently directed for mass as well as
sophisticate appeal. The entertainment quality is made punchy by sev-
eral class performances. The film is packed to the hilt with unique potent
selling angles.
The premise is intriguing. Claudette Colbert, a New York office girl,
falls in love with a nobleman incognito (Ray Milland) amid sequences
reflecting the hectic excitement of metropolitan life, and the recreation
of romance is catchy. Jilted, however, Miss Colbert is built into a
glamorous creature by Newspaper Man Fred MacMurray. Visiting
England as the star of a show, the Milland affair is on again, only to
have the swain's timidity force Miss Colbert into MacMurray's arms.
Ably assisted by Wesley Ruggles' clever direction, the Colbert-Mac-
Murray-Milland trio does a grand job in capitalizing on all the hectic-
fun of'daude Binyon's screen play of the Melville Baker-Jack Kirkland
story. C. Aubrey Smith, Luis Alberni, Ferdinand Munnier and Edward
Gargan are outstanding in support.
No code seal. Running time, 80 minutes. "G."
"Charlie Chan in Paris"
(Fox)
Hollywood, Dec. 26. — Well-timed for suspense, Charlie Chan again
solves a mystery tangle in the philosophical formulae typical of the
original Earl Derr Biggers character. The setting this time is in Paris,
running from the social register to the sewers.
This one ranks high in the Chan category, supplying interest through-
out. Warner Oland turns in a topnotch performance as the leading
character, providing the solution to bond forgeries and a dual murder.
Mary Brian and Thomas Beckett supply the romantic theme which is
subordinated for the mystery plot. The climax features Oland's showup
of the bank head and a drunken artist as the murderers' and embezzlers,
proving they worked in cahoots, posing alternately in the fictitious
characterization of a cripple. The usual Chan solution shows the cops
as a bunch of dumb flatfeet at the fadeout.
Erik Rhodes' cast portrayal as the drunken artist is a standout with
Oland's performance measuring to par. Excellent suspense buildup is
managed by Director Lew Seiler from an interesting original by Philip
MacDonald. This one should set well with Chan followers.
Previewed without production code seal. Running time, 70 minutes.
"G."
"The Man Who Knew Too Much"
(Gaumont British)
London, Dec. 4. — This is the British equivalent to gangster stuff —
with a difference. Its big scene stages what amounts to a reproduc-
tion of the ''Sidney Street siege" of pre-war days, when the London
I police and military shot up an anarchist gang in an East End house.
! Of equal importance is the high level of the characterization and the
| strong vein of humor, which is much more than the conventional relief.
It is a workmanlike production in all details and a lot of the credit is
due to Alfred Hitchcock's direction. Hitchcock made good films in
England when every good British film was a miracle, and this one
shows that he still knows how to get the sort of acting from British
players that they often only deliver when they get to Hollywood.
There is good plot value. Holiday making in Switzerland, a Lon-
doner becomes possessed of information which would enable the British
police to stamp on an assassination plot. His child is kidnapped and he
is warned that she will die if he divulges the secret. So he decides to
play a lone hand, back in London.
The chase leads him to Wapping, where he falls into the gang's
clutches, but gets a warning through to his wife that the murder is to
take place at a concert in the Albert Hall. She spoils the murderer's
(Continued on page 10)
M
DON'T LET THE BATHING SUIT FOOL
YOU! IT'S PEGGY SHANNON, ONE
OF THE HEAVENLY BEAUTIES IN
"NIGHT LIFE OF THE GODS". . .
. . . Lowell Sherman's Universal Mirthquake!
MOTION PICTURE
10 Thursday, December 27. 1934
Looking 'Em Over
"The Man Who Knew Too Much"
{Continued from page 9)
aim and the celebrity is only wounded. The police besiege the Wapping
retreat and there is a battle, ending the right way.
Production and box office values are both high. Using the 8,000-
seat Albert Hall itself as his studio, Hitchcock has put over a really
big scene in the depiction of the attempted assassination and all through
maintains suspense at a high level. There is real laughter in secondary
scenes, notably in the hero's encounter with a crook dentist, whom he
gases, and in the predicament in which his friend and he find them-
selves at a "Church" service which is part of the gang's camouflage.
Acting, in the hands of Leslie Banks, Edna Best, Peter Lorre, Frank
Vosper, Nova Pilbeam and Hugh Wakefield chiefly, is worthy of the
imaginative direction, and even the most minor characters are carefully
studied. An all-round good picture of its type.
Running time, 80 minutes. "G.."
"Lady in Danger
(Gaum-out British)
London, Dec. 6. — This British effort is a farce-comedy made ac-
cording to the well recognized Aldwych Theatre tradition. That means
good situations, peppy dialogue from Ben Travers and good direction
and good acting as well from Tom Walls. How it will go over depends
entirely on an audience's reaction to Walls.
The story is that of a British business man trading in armaments
who smuggles to England a Ruritanian queen whose country is having
a revolution. There are the to be expected misunderstandings regarding
his relations with the lady, whose identity has to be concealed. Fiancee,
business partners and respectable servants all think the worst, until the
king turns up from Paris.
There are lots of good laughs. Yvonne Arnaud as the queen makes
the most of the possibilities in the way of innuendo presented by the
fact that her English is always capable of being taken two ways. It is
a strong company, all through, with Leon M. Lion, Hugh Wakefield,
O. B. Clarence and Anne Grey among others.
If the American public likes the Walls touch it will enjoy all of it.
Running time, 63 minutes. "G." British Censor Certificate : "A."
ALLAN
"Ticket to a Crime"
(Beacon)
Thanks to its humorous content, "Ticket to a Crime" manages to be
a fairly entertaining film. Although the production is a mystery melo-
drama, it depends on the fun arising out of the friendly enmity between
two rival detectives, Ralph Graves and James Burke, for its chief appeal.
Neither the plot nor its method of development has much worth
praising, and in its attempt to get laughs the picture seems to lose sight
of the fact that its primary purpose should be to mystify. The acting
does not always help matters, although there are in the cast a number
of names that ought to prove an aid in exploiting the production, such
as Graves, Lois Wilson and Lola Lane. Charles Ray is seen in a minor
role. Among the other players are Edward Earle, Hy Hoover and John
Elliott.
Mystery rears its head when Miss Wilson's father is murdered at a
swanky party. There is no lack of suspects. A parcel of valuable pearls
in the possession of the old man is the inspiration for the murder.
Graves and Burke, the former as a private detective, work on the case.
After a lot of hocus-pocus, some of it within the bounds of belief and
some of it not, Miss Wilson's' second husband is revealed as the culprit.
Graves and Miss Lane provide the film with a measure of romance.
Lewis D. Collins directed. No seal. Running time, 67 minutes. "G."
"Don Quixote
( Valdemar D. Bell)
Those who have read the Cervantes classic will be somewhat disap-
pointed in the film transcription. There is so much richness of incident
in the book that perhaps no screen treatment could do full justice to it.
Even as it is, the version under discussion, turned out in Great Britain
by Nelson Film, Ltd., in conjunction with Vandor Film, is attractive
film fare that makes Quixote more of a tragic figure than Cervantes
intended him to be.
Feodor Chaliapin plays the Don to good effect. The one serious fault
is that he is not always intelligible. Many others in the cast are guilty
of the same fault. The script gives the famous basso plenty of oppor-
tunity to exercise his singing voice.
The high quality of the settings and the beauty of the photography,
(Continued on page 11)
Signs 29th Pact
Buffalo, Dec. 26 — Frank
Nowak, manager of the Lin-
coln and Universal's oldest
customer, has just signed his
29th annual contract with the
Buffalo Universal branch,
headed by Dave Miller. No-
wak sighs for the good old
days before clearance, when
he used to book films ahead
of or simultaneously with the
downtown houses.
"We Live" Is
Fair in Lull
At Cleveland
Cleveland, Dec. 26. — "We Live
Again" was the best draw of a poor
week. Christmas shopping and icy
streets combined to keep people away
from theatres. Nobel Sissle, a local
boy, was a good draw at the Palace.
Other first runs were much lower than
recent weeks and neighborhood busi-
ness was 'way off.
Total gross was $30,050. Average
is $38,000.
Estimated takings :
Week Ending Dec. 17:
"FIRST WORLD WAR" (Fox)
ALLEN— (3,300), 20c-30c-40c, 5 days.
Gross: $2,450. (Average, $3,000)
Week Ending Dec. 21:
' MUSIC IN THE AIR" (Fox)
WARNERS' HIPPODROME— (3.800), 30c-
35c-44c, 7 days. Gross: $4,100. (Average.
$6,000)
"BY YOUR LEAVE" (Radio)
RKO PALACE— (3,100). 30c-40c-60c, 7
days. Stage: Noble Sissle and His
"Franco-Harlem" Revue. Gross: $12,000.
(Average, $15,000)
"WE LIVE AGAIN" (U. A.)
LOEWS STATE— (3,400), 30c-35c-44c, 7
days. Gross: $8,500. (Average, $10,000)
"IT'S A GIFT" (Para.)
LOEWS STILLMAN— (1,900). 20c-30c-40c.
7 days. Gross: $3,000. (Average, $4,000)
Reinhardt Suit Denied
Los Angeles, Dec. 26.— The breach
of contract action brought by A. W.
Haendler, head of a Paris theatrical
agency, against Max Reinhardt was
denied today by Superior Court Judge
Wilson. The charge against the im-
presario was that he had failed to dis-
charge a contract to produce "Die
Fledermaus" in London.
Take Baltimore House
Baltimore, Dec. 26. — The Preston,
residential house, has been taken over
by the Associated Theatres, Inc., from
C. H. Lighhauser. This makes 12
theatres now operated by Associated
here.
Will Hays on the Coast
Hollywood, Dec. 26. — Will Hays,
accompanied by his son, arrived here
today for a two-week visit. The boy
returns to Wabash College Sunday.
Borzage Cracks Shoulder
Hollywood, Dec. 26. — Frank Bor-
zage is recovering at Queen of Angels
Hospital from a broken shoulder, suf-
fered in a polo match Monday.
Furrer Gets Clyde Job
Clyde. O., Dec. 26.— J. C. Furrer
has been named manager of the Hark-
ness, recently acquired by the Theatre
Operating Corp.
Reclaimed,"
Show Chicago
Hit, $30,000
Chicago, Dec. 26. — Big money in a
mild week went to "The Man Who
Reclaimed His Head," with "Folies
Begere" on the stage, at the Palace.
The $30,000 gross was over normal
by $8,000.
"Babes in Toyland" did well at the
Roosevelt, going $1,500 over the line
on a take of §10,500. "One Night of
Love" was still good for a par $5,000
in its seventh Loop week at the Gar-
rick. "Desirable," helped by a vaude-
ville bill at the Oriental, took $17,000.
Total first run business was $138,-
500. Average is $139,600.
Estimated takings :
Week Ending Dec. 18:
"BABES IN TOYLAND" (M-G-M)
ROOSEVELT — (1,591), 25c-35c-50c, 7
days. Gross: $10,000. (Average, $11,000)
"CHU CHIN CHOW* (Gaumont-British)
McVICKERS— (2,284), 25c-35c-50c, 7 days.
Stage: Shakespearean Plays. Gross: $10,500.
(Average, $9,000)
Week Ending Dec. 20:
"MAN WHO RECLAIMED HIS HEAD"
(Univ.)
PALACE— (2,509), 25c-35c-50c, 7 days.
Stage: "Folies Begeres" Revue. Gross:
$30,000. (Average, $22,000)
"ONE NIGHT OF LOVE" (Col.)
GARRICK — (900), 25c-35c-40c, 7 days, 7th
Loop week. Gross: $5,000. (Average,
$5,000)
"EVELYN PRENTICE" (M-G-M)
CHICAGO— (4,000), 25c-50c-68c, 7 days.
Stage: B. & K. Seasonal Revue. Gross:
$30,000. (Average, $34,600)
"DESIRABLE" (Warners)
ORIENTAL— (3,940), 25c-40c, 7 days.
Stage: Owen McGivnev, O'Connor Family.
Billy Farrell & Dub Taylor. Gross:
$17,000. (Average, $15,000)
Week Ending Dec. 21:
"FLIRTATION WALK" (F.N.)
APOLLO— (1,400), 25c-35c-50c, 7 days,
3rd Loop week. Gross: $8,000. (Average,
$12,000)
"KID MILLIONS" (U.A.)
UNITED ARTISTS— (1,700). 30c-40c-60c,
2nd week, 7 days. Gross: $16,000. (Aver-
age, $17,000)
Week Ending Dec. 22:
"FUGITIVE LADY" (Col.)
STATE-LAKE— (2,776), 20c-25c-35c, 7
days. Stage: Dave Seed, Harriet Cruisem
Stratford & Mayberry. Gross: $12,000.
(Average, $14,000)
"Toyland" Lincoln
Hit Despite Slump
Lincoln, Dec. 26. — "Babes in Toy-
land" caused a pre-Christmas jump at
the Lincoln box-office and on the six
days neared $3,000, which is good busi-
ness.
The Stuart's five days with "Music
in the Air" and Orville Rennie's ap-
pearance was not a bit hot with $2,000
even. "Jealousy" at the Varsity was
bad and "Gambling" with the Or-
pheum stage show was just so-so.
There were no full weeks on the row,
since everything was broken to permit
a Christmas day opening with new
attractions.
Estimated takings for the week end-
ing Dec. 24:
"MUSIC IN THE AIR" (Fox)
STUART— (2,000), 10c-25c-40c, 5 days.
Gross: $2,000. (Average, 7 days, $3,100)
"BABES IN TOYLAND" (M-G-M)
LINCOLN— (1.600). 10c-15c-25c, 6 davs.
Gross: $3,000. (Average. 7 days, $2,200)
"JEALOUSY" (Col.)
VARSITY— (1,100), 10c-25c, 5 days. Gross:
$900. (Average, 7 days, $1,500)
"GAMBLING" (Para.)
ORPHEUM— (1,200), 10c-15c-25c, 4 days.
Stage show. Gross: $1,700. (Average, 7
days, $2,300)
Thursday, December 27, 1934
MOTION PICTURE
DAILY
Oil Poured on
"U's" Ruffled
Studio Waters
(Continued from page 1)
recently formed production cabinet,
will keep a closer eye on production
than has been his wont for several
years now and at all times will main-
tain his control over studio activities.
Laemmle pere and Laemmle fils
have had some differences of opinion
over production policy and manage-
ment. That, however, is understood
to have been entirely straightened out,
largely through the intercession of
James R. Grainger, general sales
manager, who arrived from the east
a few days before Christmas. Grainger
relayed to the elder Laemmle exhibi-
tor reactions over the fact that sev-
eral of the more important pictures
pledged by Universal not only have
not been delivered, but have not even
been placed in production yet. With
approximately 7.000 contracts sold this
season to date, his arguments are re-
ported to have carried the necessary
weight in persuading the Laemmles
to concentrate on making pictures.
Irene Dunne has been signed for
the romantic lead in "Show Boat,"
for which plans are now moving.
"The Return of Frankenstein" is
scheduled to go before the cameras
in two weeks and the same applies
to "The Great Ziegfeld."
Coast Production
Drops for Holiday
(Continued from page 1)
week. In addition, there are 19 fea-
tures and seven shorts in the final
stages of preparation, while 36 fea-
tures and 13 shorts are in the cutting
rooms.
Paramount tops the list for activity
with seven features in work, two pre-
paring and three editing ; M-G-M has
four, one and nine ; Radio, four, three
and two ; Fox, six, three and three ;
Warners, three, two and eight ; Cent-
ury, two, zero and zero ; Universal,
two, two and three ; Goldwyn, one,
zero and zero ; Columbia, one, one and
three ; while the independents aggre-
gate three, five and five.
In the short subject division Roach
had two shorts in work, none prepar-
ing and three editing. M-G-M had
one, three and three ; Columbia, one,
one and two ; Warners, one, zero and
zero ; Radio, zero, three and five.
N. E. Allied Men to
Meet in Boston Soon
(.Continued from page 1)
Jan. 8, according to Business Mana-
ger Arthur King Howard. It is be-
lieved that one day will be sufficient
for all business including election of
officers for the coming year.
Nathan Yamins heads the divisional
activities which, in the past few
months, have included the establish-
ment and rejuvenation of units in all
New England states but Connecticut
and the jumning of membership to
nearly two and one-half times its for-
i mer figure. The spot for the meet-
ing has not yet been picked.
Short Subjects
"Mexican Idyl"
(First Division)
Produced by Audio Prod, in Tech-
nicolor, panoramic beauty sweeps the
various pastel scenes in a most in-
triguing and picturesque short. Rob-
ert C. Bruce guided the camera which
caught all the beauty of the hills and
mountains, sheep browsing in pastures
and goats in quiet fields. There are
the blue haze hills of Southern Cali-
fornia which serve as a background
of the Mexican hideaway, snuggled
away by its lonesome to the content-
ment of its sparse dwellers.
Two musical interpolations, "Beau-
tiful Sky" and "The Swallow," add
to the enchantment of this color fiesta.
It is truly a work of art and a pleasure
to see. Production Code Seal, No.
274. Running time, 6]/2 mins. "G."
"Sunshine Makers"
(Van Beur en-Radio)
This, the latest of the Rainbow
Parade series of cartoons done in
Cinecolor and produced by Van
Beuren, is grand entertainment. It
should please wherever played.
The story is laid in a mythical
corner of Heaven where two groups
of miniature people live. One is con-
cerned with sunshine and happiness
and the other with shadows and
gloom. A war breaks out between
the two factions and the happier of
the two wins by bombarding the other
with bottles of sunshine to completely
do away with their old mode of liv-
ing. Production Code Seal, No. 0242.
Running time, 8 mins. "G."
"Perfectly Mismated"
(Columbia)
Leon Errol's performance in this
one is all that permits it to be classed
as entertainment. With Dorothy
Grainger, Vivian Oakland and Fred
Malatesta also in the cast the picture
is a series of slapstick situations.
Everyone but Errol seems to do noth-
ing but run about screaming, falling
over each other and breaking furni-
ture. Where old-fashioned slapstick is
annreciated this one should please.
Production Code seal, No. 371. Run-
ning time, 20 mins. "G."
"Buried Loof'
(M-G-M)
Hollywood, Dec. 26. — "Buried
Loot," the first of a new series titled
"Crime Shorts," should be an asset
to any program. The story unfolds a
perfect crime that failed, the moral
being : crime does not pay. Sus-
pense elements in this one will pro-
voke more audience interest than most
program features.
Screen play and direction by
George B. Seitz. Harry Rapf pro-
duced. Production Code Seal No.
376. Running time, 16 mins. "G."
"Spring in the Park"
( Universal)
Oswald is a copper in this one. A
nursemaid is the cause of a feud be-
tween him and a sergeant. When his
superior tries to order him about and
cop the gal, Oswald makes things
pretty hot for him. It provides some
hilarious moments. Code seal No.
383. Running time, 7^ mins. "G."
Looking 'Em Over
Don Quixote
(Continued from page 10)
credited to Nicholas Farkas, make amends for whatever shortcomings
the production may have.
George Robey, the AH Baba of "Chu Chin Chow," is vastly amusing
in the role of Quixote's servant. Sidney Fox plays the niece nicely.
Other players include Oscar Asche, Miles Mander and Emily Fitzroy.
The direction of G. W. Pabst is commendable. No code seal. Running
time, 79 minutes. "G."
"Murder in the Clouds
(First National)
Those that want action and mystery should go for this in a big way.
Exhibitors should have no trouble exploiting it, either. The story won't
stand up under close scrutiny, but the thrills handed out, particularly
in the flying scenes, more than make up for this.
The yarn opens at an airport where Lyle Talbot is the chief pilot,
and pal of his co-pilot (Robert Light). Ann Dvorak, Light's sister, is
also Talbot's sweetheart. Gordon Westcott is also a pilot at the same
field and in love with Miss Dvorak. This sets the scene for the mystery
to enter in the form of a new bomb sent to the War Department in
Washington by a plane piloted by Talbot. He is slugged and Westcott
takes his place, with Light as co-pilot. The Department of Justice, the
aero police, state police and Talbot all join in the hunt for the missing-
cylinder when the plane carrying it is blown up. To make things more
complicated Miss Dvorak is kidnapped by the culprits when she blunders
onto their hideout. Talbot forces Westcott to the ground when he tries
to fly away with the bomb and captures him, thus paving the way for
his wedding with Miss Dvorak.
D. Ross Lederman directed capably and got the most out of a weak
story. Warren Lynch's photography is good, especially on tbe air work.
Others in the cast are Charles Wilson, Henry O'Neill, Arthur Pierson
and George Cooper, who effectively handles the comedy. Production
Code Seal, No. 380. Running time, 61 minutes. "G."
I Sell Anything"
(First National)
Here is a picture that probably inspired great hopes in story form,
but the finished product falls short. It, nevertheless, has swell exploita-
tion possibilities and is good entertainment, the kind that goes over well
in neighborhoods and small towns.
The picture is well cast, with Pat O'Brien giving a nice performance
in a role that is suited to his particular ability. Ann Dvorak, Russell
Hopton, Claire Dodd and Roscoe Karns all turn in good performances.
Gus Shy's comedy is grand.
The story boils itself down to an expose of the auctioneer racket.
O'Brien, as "Spot Cash" Cutler, is a cheap auctioneer specializing in
talking people into buying things they don't want or need. After being
taken himself by Miss Dodd he graduates to Broadway with that par-
ticular lady's assistance. Not satisfied with his new success and wanting
to climb higher, O'Brien and Miss Dodd cook up a deal to sell fake
antiques in the home of a now broke member of New York's aristocracy,
claiming that the articles sold are old familv treasures. The finish is
novel, but one that is easily anticipated, and O'Brien winds up where
he started, sadder but wiser with Miss Dvorak as his bride.
Production Code Seal, 234. Running time, 70 minutes. "G."
"The Prescott Kid"
(Columbia)
Tim McCoy finds himself back in the saddle in "The Prescott Kid,"
as rip-roaring a western as the star has ever appeared in. Once he rides
into the picture there is no doubt right will triumph over wrong.
The story details McCoy's efforts to bring law and order to a desert
town ruled by ruffians. A sweeter mission he hardly could have taken
upon himself. Things are made hotter for him when he is mistaken
for the new sheriff, a mistake which is not discovered by the citizenry
until the closing moments. By the time the sheriff turns up, Tim has
paved the way for law and order pretty nicely.
The big moment for McCoy is when he unmasks as the villain-in-
chief the man who holds Sheila Mannors' trust to the point that she is
ready to marry him. By this master stroke Tim also succeeds in clear-
ing himself of the suspicion of having robbed the girl's father in a staee
holdup. The fadeout has Tim and Miss Mannors beaming upon each
other.
Alden Chase is the public enemy No. 1 of the piece. David Selman
directed. No code seal. Running time, 56 minutes. "G."
PRESENTS -
I
UffD
WERE AT THE
ASTOR NOW!
Doff your hat to the greatest comedy
team in pictures! Toss a salute to
happy Hal Roach! Broadway packs
the celebrated Astor Theatre. And
what lovely notices:
" "^r ^ "A" V2 "A: — Entertainment "Recommended as bright and
pretty hard to beat." —Daily He** amusing entertainment."
" Deligh tf ul . Jo y t o yo ung a nd old . "
— World-Telegra m
"The merriest of its kind."
— N. Y. Times
"Delighful, enchanting, refresh-
ing." — Daily Mirror
-Herald -Tribune
"Should appeal to grown ups as
well as children."
"Genuine delight. Worthy of
your' attention." —Telegraph
2nd WEEK! AND BIGGER THAN EVER!
The Leading
Motioh^
Picture
Industry
MOTION PICTURE
DAILY
Alert,
Intelligent
the In
in All
Branches
VOL. 36. NO. 151
NEW YORK, FRIDAY, DECEMBER 28, 1934
TEN CENTS
RKO Gaining;
6-Month Net
Is $231,348
Receiver Report Details
18 Months' Progress
RKO had made substantial progress
on the road to recovery by the end
af June, this year, according to the
final report of Irving Trust Co., as
receiver. At that time the gross in-
come of the company and its subsid-
iaries from Jan. 1, 1933, to June 30,
l')34, approximately the period of the
receivership, had reached $68,873,884.
3 profit above all charges, except Fed-
eral income tax, of $231,348.45.
This profit was for the six months
from January to the end of June. For
the 12 months of 1933 the eompanv
had a net loss of $4,384,064.09 on a
^ross income of §45,040,791.85. Dur-
ing 1932 the loss was $10,695,503.20
Bn a gross income of $61,078,722.94.
On Dec. 31, 1932, RKO and its sub-
sidiaries had $2,798,000 in cash, exclu-
sive of approximately $414,000 held
(Continued on page 2)
Opposition Looms
On Operator Scale
Although details of the temporary
agreement reached by the fact finding
committee for setting up basic wage
scales for operators in New York have
lot been made public, opposition looms
when the public hearing is held in
Washington on Jan. 10.
Members of the committee are not
Dpenly discussing the agreement, but
i number of exhibitors who have been
(Continued on page S)
Music Hall Pulls
$82,500 on "Eyes"
"Bright Eyes" at the Music Hall
tallied $82,500 for the week ending
Wednesday night. Opening at the
:ail end of the pre-Christmas slump,
the Shirley Temple film fared badly
at the start but wound up the last
few days with some of the biggest
iakes the house has had in some time.
'Little Minister" succeeded "Bright
(Continued on page 12)
Sinclair Men
Row; Picture
Leaders Relax
California's Epic Plan
Outlook Dims a Bit
Sax Francisco, Dec. 27.— With the
opening of the 1935 legislature less
than a week away film men are feeling
a little easier on potential anti-
industry legislation, thanks to a defin-
ite split in the Upton Sinclair "Epic"
forces.
Rumors that there had been a split
and even that a state of general dis-
integration had set in have been rife
since the election of Governor Mer-
riam, but had been denied. Because
(Continued on page 11)
Attack Fox Claims
In Tri-Ergon Case
Washington, Dec. 27. — Petitioners
in the Tri-Ergon case today filed sup-
plemental briefs with the U. S. Su-
preme Court attacking most of the
points on which William Fox bases
(Continued on page 7)
ONLY TWO OPPOSE
NEW PARA. SETUP
Chicago Now
Agitated by
Premium Ban
Chicago, Dec. 27. — One of the most
fiercely contested controversies to
agitate this city is raging on the ques-
tion whether premiums should be
banned under the code.
Ballots have been sent to exhibitors
in the metropolitan area by the local
board asking for an expression of
those who want to discontinue give-
aways. While B.&K. and other lead-
ing circuits are said to favor the pro-
posal, it is predicted many indepen-
dents, will not return the negative
ballots, thus voting for continuance of
the practice.
Giveaways are entrenched among
lower-priced houses. Operators contend
they must offer some inducement to
(Continued on page 8)
Schaefer Decries Strife;
Hammons Hits Twin Bills
Bogue in Court, So
Met Plan Goes Over
Filing of the plan of reorganization
or Fox Metropolitan Playhouses with
7ederal Judge Julian W. Mack, orig-
nally scheduled for yesterday, was
(Continued on page 8)
By E. W. HAMMONS
President, Educational Pictures
General recognition of the evil char-
acter of the double feature practice, ac-
knowledgment of
the seriousness of
this problem, and
concentration on
settling it, seem
to me the most
encouraging signs
for the industry
as we turn the
corner into a new
year. Except, of
course, for the
general improve-
ment in business
all along the line,
which is now so
increasingly obvious as to encourage
all but the most confirmed pessimists.
It is true that double features have
(Continued on page 16)
By GEORGE J. SCHAEFER
General Manager, Paramount Publix
At this time of the year we have
the usual predictions of pictures of
box-office merit
for the New
Year, and of
course, in a
measure we will
prosper depend-
ing upon the ful-
fillment of our
ambitions and
hopes.
This industry
will only really
prosper, how-
ever, when the
continual strife
from within is
minimized. In
no other industry do we see a selfish
few who strive to rule or ruin. So
^Continued on page 16)
George Weeks, Gradwell L. Sears and Jules Levy discuss the com-
ing year outlook on page 16.
Zirn, Palmer Examine
Witnesses — Second
Session Today
Opposition to the Paramount Publix
plan of reorganization was confined
to two representatives of small credi-
tor groups during the first day of
hearings on the plan, which began yes-
terday before Federal Judge Alfred C.
Coxe in U. S. District Court.
Following an all-day session during
which witnesses were called to estab-
lish formal proof of Paramount as-
sets for the information of the court
and creditors an adjournment was
taken until noon today, when testi-
mony bearing on statements contained
in the plan will be resumed.
Cross-examination of witnesses
along lines revealing opposition to sev-
eral phases of the plan was conducted
only by Samuel Zirn, said to represent
less than $40,000 of Paramount deb-
entures, and by Archibald Palmer,
counsel for stockholders and bondhold-
ers of Allied Owners Corp., one of
the largest Paramount Publix credi-
tors. Allied Owners, itself, interposed
no objection to the plan yesterday,
although its counsel, Monroe Gold-
water, was present throughout the
hearing. The court did not require
Palmer to disclose whether or not he
represented creditors of Paramount,
although he stated unofficially that he
(Continued on page 8)
Stuart Webb Heads
First Div. Board
First Division Exchanges, Inc., con-
tinued its expansion program yester-
day by electing Stuart Webb, presi-
dent of Pathe, as chairman of the
First Division board.
Harry H. Thomas, president, an-
nounced the appointment of Amos
Hiatt as his assistant. Hiatt has been
(Continued on page 11)
Move on for Boost
In All Admissions
A concerted move is under way to
increase admissions in this territory,
the plan providing that all independent
and circuit houses go along simultane-
ously. A committee of circuit and in-
dependent leaders has been appointed
to work out the plan. A meeting was
(Continued on page 11)
MOTION PICTURE
DAILY
Friday, December 28, 1934
MOTION PICTURE
DAILY
(Registered U. S. Patent Office)
Vol. 36
December 28, 1934
No. 151
Martin Quigley
Editor-in-Chief and Publisher
MAURICE KANN
Editor
JAMES A. CRON
Advertising Manager
Published daily except Sunday and holi-
days by Motion Picture Daily, Inc., sub-
sidiary of Quigley Publications, Inc.,
Martin Quigley, President; Colvin Brown,
Vice-President and Treasurer.
Publication Office: 1790 Broadway, New
York. Telephone Circle 7-3100. Cable ad-
dress "Ouigpubco, New York." All con-
tents copyrighted 1934 by Motion Picture
Daily, Inc. Address all correspondence to
the New York Office. Other Quigley pub-
lications: MOTION PICTURE HERALD,
BETTER THEATRES, THE MOTION
PICTURE ALMANAC and THE CHI-
CAGOAN.
Hollywood Bureau: Postal Union Life
Building, Vine and Yucca Streets, Victor
M. Shapiro, Manager; Chicago Bureau: 407
South Dearborn Street, Edwin S. Clif-
ford, Manager; London Bureau: Remo
House, 310 Regent St., London, W. 1.
Bruce Allan, Representative. Cable address:
"Ouigpubco, London"; Berlin Bureau:
Berlin - Tempelhof , Kaiserin - Augustastrasse
28, Joachim K. Rutcnberg, Representative;
Paris Bureau: 19, Rue de la Cour-des-
Noues, Pierre Autre, Representative; Rome
Bureau: Viale Gorizia, Vittorio Malpassuti,
Representative; Sydney Bureau: 102 Sus-
sex Street, Cliff Holt, Representative; Mex-
ico City Bureau: Apartado 269, James
Lockhart, Representative; Glasgow Bureau:
86 Dundrennan Road, G. Holmes, Repre-
sentative; Budapest Bureau: 3, Kaplar-u,
Budapest, II, Endre Hevesi, Representa-
tive; Moscow Bureau: Civtzev Vrazhek,
N. 25, Apart. 146, Moscow, U.. S. S. R.,
Bella Kashin, Representative. Cable ad-
dress: "Samrod, Moscow."
Entered as second class matter, January
4, 1926, at the Post Office at New York
City, N. Y., under Act of March 3, 1879.
Subscription rates per year: $6 in the
Americas, except Canada $15 and foreign
$12. Single copies: 10 cents.
ITOA Discusses Power
Plans whereby independents can
generate their own electricity by in-
stalling individual generators in the-
atres were discussed yesterday by the
I. T. O. A. The device is said to cost
around $90.
Twice scheduled, the Loew protec-
tion situation in the local territory did
not come up yesterday. The matter
is now believed to be a dead issue.
RKO Gaining;
6-Month Net
Is $231,348
(Continued from page 1)
by subsidiaries which subsequently
went into bankruptcy or receivership.
At the end of the receivership on June
30 the cash on hand was approximately
$4,977,000, an increase of about $2,-
179,000. During this period the fixed
indebtedness was reduced by $1,802,-
233.58 and interest on indebtedness
was paid in the amount of $2,-
173,509.73.
Report Covers Up to June 30
The report on the receivership
covers the period only up to June 30,
because on July 1 the company went
into bankruptcy under Section 77B
of the new bankruptcy law for pur-
poses of reorganization. Since that
time Irving Trust Co. has been act-
ing as trustee in bankruptcy and
shortly after the first of the year will
file an accounting for the year's opera-
tions. It was stated yesterday that
a loss probably would be shown for
the 12 months, although it will be
greatly reduced in comparison with
last year's figures.
No petition for allowances has been
filed yet by the trust company, al-
though one will be in the near future.
Income taxes were not included in the
receiver's report, because under the
changed law these cannot be consoli-
dated with subsidiaries and the total
income for the year is not known yet.
Little progress has been made on
the settlement of claims against the
companies and no reorganization plan
is in sight as yet. Whether the com-
pany will be taken out of bankruptcy
during 1935 is uncertain.
Claims Filed Total $35,766,416
During the receivership claims filed
totaled $35,766,416.60. Hearings on
claims totaling $25,866,454.71 have
been held by Special Master Thomas
D. Thacher, but no decisions have
been rendered. Others have been dis-
missed, some have been allowed and
hearings on others are pending. Some
additional claims have been filed
Donat May Do "Adverse"
Hollywood, Dec. 27. — Robert Do-
nat is being considered for the lead-
ing role in "Anthony Adverse." War-
ners are waiting for him to arrive
from England for tests. His first pic-
ture under a long term contract with
the company will be "Captain Blood."
Clardy Wins ASC Award
Hollywood, Dec. 27. — R. B. Clardy
has won the annual amateur award of
the American Society of Cinemato-
graphers for a 200-foot reel, "New
Horizon." Second prize went to
Tatuschi Okamoto of Matsuyma, Japan,
for a picture called "Tender Friend-
ship."
Close Northwest Deal
Bud Rogers, general manager of
Liberty Pictures, has closed a deal
with Elliott Film Co. of Minneapolis
for distribution of Liberty product in
the Minneapolis and North and South
Dakota territory.
since the bankruptcy status of the
company began.
In discussing operations on subsid-
iaries the report says :
"During the year 1932 RKO Radio
Pictures, Inc., and RKO Pathe Pic-
tures, Inc., and their subsidiaries
showed a combined loss of $5,381,-
051.18. During 1933 operations re-
sulted in a loss of $1,290,685.48, an
improvement of over $4,000,000. Sub-
stantially all this loss was incurred
during the first six months wherein a
loss of $1,212,947.07 was sustained.
During the same six-month period of
1934 operations resulted in a profit of
$275,783.74, before Federal income
tax. The combined cash balances of
these companies increased from ap-
proximately $330,000 on Dec. 31, 1932,
to approximately $2,086,000 on June
30, 1934.
"The 1932 operations of Pathe
News, Inc., resulted in a net loss of
$134,830.78. During 1933 this loss in-
creased slightly to $141,233.64. How-
ever, considerable improvement is in-
dicated by the results of operations
for the first six months of 1934, which
show a net loss of $33,793.55, com-
pared to a net loss of $82,192.29 for
the same period in 1933."
Dreher Again on Board
Hollywood, Dec. 27. — Carl Dreher,
who has been chairman of the board
of judges for the scientific and tech-
nical awards of the Academy for the
past three years, has again been ap-
pointed to that post by Nathan Lev-
inson, chairman of the Technicians'
Branch. Each studio, equipment
company and technician will be in-
vited to submit nominations for vari-
ous devices. Final decisions will be
announced at the Academy banquet
Feb. 27.
Ready Theatre Directory
Annual directory of Greater New
York theatres being compiled by the
New York Film Board of Trade will
be ready on Jan. 10. It will show
more houses in operation than last
year as well as an increase in the
number of sound theatres.
"Bar Mitzvah" Started
Henry Lynn, director for Sov-Am
Film Corp., has begun shooting "Bar
Mitzvah," second of the Yiddish talk-
ers on its schedule. It will have a mus-
ical background and explanatory titles
in English.
Warner Pfd. Drops Point on Big Board
High Low Close
Columbia Pictures, vtc 37 3654 3644
Consolidated Film Industries 554 5}4 554
Consolidated Film Industries, pfd 2054 1954 19*4
Eastman Kodak Ill 109*4 109*4
Eastman Kodak, pfd 141 141 141
Fox Film "A" 13 13 13
Loew's, Inc 3454 33*4 33*6
Paramount Publix 354 3J4 354
Pathe Exchange 1J4 1 154
Pathe Exchange "A" 13% 1354 13%
RKO 254 234 2*6
Warner Bros 454 4 4 —
Warner Bros., pfd 2054 20^ 2054
Trans Lux Off Eighth on Curb
Net
Change
- *4
4- 54
+ Vs
-'A
- *4
High Low Close
Technicolor 13 1254 1254
Trans Lux 254 254 254
Warner Bonds Down One
High Low Close
General Theatre Equipment 6s '40 8J4 754 754
General Theatre Equipment 6s '40, ctf 8!4 8 8
Keith B. F. 6s '46 72 72 72
Paramount Broadway 5J4s '51 4554 45 4554
Paramount F. L. 6s '47 61 6054 6054
Paramount Publix 554s '50 61 6054 6054
Warner Bros. 6s '39, wd 5854 57*4 57*4
Net
Change
Net
Change
— *4
+2
+ <A
- 54
-154
-1
Sales
300
800
3,500
1.800
3,000
1,000
5,600
13,700
1,000
600
2,600
7,500
5,000
Sales
500
2,200
Sales
12
9
5
8
4
11
37
< Purely
Personal ►
HOWARD WAUGH, Warner ad-
vertising and publicity head in
the Memphis zone, has been made a
colonel on the staff of Governor Hill
McAlister of Tennessee. There are
less than 25 Tennessee colonels, so
Wauch feels pretty proud these days.
Burt Gillett, director of the
"Rainbow Parade" and "Toddle
Tales," for Van Beuren will address
the Pioneer Youth of America at the
New School for Social Research to-
night.
Al Lichtman, vice-president and
general manager of United Artists,
and Paul Lazarus, western division
sales manager, leave today for
Chicago to attend to second of a series
of sales conferences.
Karen Morley will leave for
Washington tomorrow to attend a
New Year's Eve dinner to be given
by Attorney General Homer S. Cum-
mincs.
Martin Johnson and Mrs. John-
son will be on the Little America
broadcast to Admiral Byrd over the
Columbia network next Wednesday
night.
Joe Rivkin leaves for the coast Jan.
5. He'll be gone for about three weeks
conferring with Hal Roach and
Henry Ginsberg on his new job.
Arche Mayers and Irving
Shapiro celebrated the first anniver-
sary of DuWorld by moving into
larger quarters at 729.
David C. Werner leaves Universal
tomorrow as story editor to go into
business for himself. He leaves for
the coast Tuesday.
A. M. Botsford, new Paramount
studio head, is in town for conferences
with home office executives and to see
the new plays.
Bert Lyons, formerly with War-
ners in Canada, is visiting for the
holidays.
Phillip Reed is spending the holi-
days in town and plans to fly back to
Hollywood New Year's Day.
Herschel Stuart is due back to-
day from Dallas where he visited his
family.
Joe Hornstein returned to his desk
yesterday after a week at home with
a bad cold.
Jack Fuld is handling publicity for
the Movie Ball, which takes place at
the Astor on Jan. 12.
Ramon & Rosita have been signed
by Warners for "Gold Diggers of
1935."
Nicholas S. Ludington, vice-
president of First Division Pictures,
left yesterday for the coast.
Madge Evans will arrive Sunday
from the coast.
E. B. Hatrick is back from the
coast.
Leon Rosenblatt is getting over a
bad cold.
Leo Justin is on a W'est Indies
cruise. He'll be back in two weeks.
J. R. McDonough and Pandro
Berman have returned to the coast.
Nate Spingold will return from
Miami around Jan. 15.
S. Charles Einfeld will return
from the coast about Jan. 15.
FOX FILM
THE BIGGEST FIRST
QUARTER LINE-UP
THIS INDUSTRY HAS
EVER SEEN
J AN UARY
SHIRLEY TEMPLE
m BRIGHT EYES
With JAMES DUNN. Produced by Sol. M.
Wurtzel. Directed by David Butler.
WILL ROGERS m the
COUNTY CHAIRMAN
By GEORGE ADE. With Evelyn Venable,
Kent Taylor, Louise Dresser, Mickey Rooney
and Stepin Fetch it. Produced by Edward W.
Butcher. Directed by John Blystone.
MYSTERY WOMAN
With Mona Barrie, Gilbert Roland, John
Halliday, Rod LaRocque. Produced by John
Stone. Directed by Eugene Forde.
EAST RIVER
(Tentative Title)
with EDMUND LOWE
VICTOR McLAGLEN
Florence Rice, Marjorie Rambeau, Charles
Bickford, Siegfried Rumann. Produced by Robert
T. Kane. Directed by Raoul Walsh. From the
story by Bordon Chase and Edward J. Doherty.
LOTTERY LOVER
With Lew Ayres, "Pat" Paterson, Peggy Fears,
Walter King, Alan Dinehart, Reginald Denny,
Nick Foran. Produced by Al Rockett. Directed
by William Thiele. From the story by Siegfried
M. Herzig and Maurice Hanline.
y 0f FEBRUARY
CHARLIE CHAN in PARIS
With WARNER OLAND, Mary Brian, Th omas
Beck, Erik Rhodes. Produced by John Stone.
Directed by Louis Seiler. Based on the Earl
Derr Biggers character.
JANET GAYNOR
WARNER BAXTER m
ONE MORE SPRING
With Walter King, Jane Darwell, Grant
Mitchell, Rosemary Ames, John Qualen, Roger
Imhof, Nick Foran and Stepin Fetchit. Produced
by Winfield Sheehan. Directed by Henry King.
From Robert Nathan's novel.
SHIRLEY TEMPLE a„d
LIONEL BARRYMOREm
THE LITTLE COLONEL
With Evelyn Venable, Bill Robinson. From the
novel by Annie Fellows Johnston. Produced
by B. G. DeSylva. Directed by David Butler,
HAROLD BELL WRIGHT'S
WHEN A MAN'S A MAN
starring GEORGE O'BRIEN
With Dorothy Wilson, Paul Kelly. Presented
by Sol Lesser and John Zanft. Produced by gtfftfi
Sol Lesser. Directed by Edward F. Cline.
M A
RCH
WILL ROGERS m
LIFE BEGINS AT 40
With Rochelle Hudson, George Barbier, Jane
Darwell, Slim Summerville, Richard Cromwell.
Produced by Sol M. Wurtzel. Directed by
George Marshall. From Walter B. Pitkin's
best seller.
GEORGE WHITE'S
SCANDALS
With Alice Faye, James Dunn, Lyda Roberti,
Cliff Edwards, Ned Sparks, Eleanor Powell,
Arline Judge and George White. Produced
by George White. Directed by James Tinling.
WARNER BAXTER m
THUNDER IN THE NIGHT
with KETTI GALLIAN
Herbert Mundin, John Qualen, Astrid Allwyn.
Produced by Erich Pommer.
REDHEADS ON PARADE
With John Boles, June Knight, "Chic" Sale,
Dorothy Appleby. Produced by Jesse L. Lasky.
Directed by Norman McLeod.
RECIPE FOR MURDER
(Tentative Title)
with EDMUND LOWE and
VICTOR McLAGLEN
From the story by Vincent Starrett. Produced
by Sol M. Wurtzel. Directed by Eugene Forde.
(0*
Friday, December 28, 1934
MOTION PICTURE
DAILY
MOTION PICTURE DAILY*
HOLLYWOOD PREVIEW
"I've Been Around"
(Universal)
Hollywood, Dec. 27. — This features Chester Morris and Rochelle
Hudson. Mounted artistically by John Mescall photography and depict-
ing a love triangle between Morris, Miss Hudson and G. P. Huntley
with Isabel Jewel and Gene Lockhart furnishing sufficient comedy to
prevent a somewhat weak story from dragging, this shows the conflict
of love in the upper strata of society, affording ample opportunity for
lavish settings and beautiful photography. The offering in its present
form shows possibilities for fair entertainment when properly edited.
The story concerns an ambitious suitor, Morris, building up dreams
for Miss Hudson, whom he finally marries only to have her regret it
momentarily for love of Huntley, who marries another for convenience.
It all works out well after tense dramatic situations capably handled by
Phil Cahn, the director, who, with the aid of good acting of the entire
cast, makes the best of weak story material from an original by John
Meehan, Jr. The picture was produced by B. F. Zeidman. Production
Code Seal, No. 361. Running time, 75 minutes. "G."
Looking 'Em Over
"Radio Parade of 1935"
(Associated British Pictures)
London, Dec. 13. — A concluding reel in Dufaycolor, the new British
system, is a point of special interest in this comedy musical. It is used
in big spectacular scenes, featuring Alberta Hunter and a skilful danc-
ing troupe and, as a first effort, suggests possibilities. At present it has
shortcomings, the color being variable, with uneven flesh tints, ultra
vivid greens and an imperfect white.
General entertainment values are good in this picture presenting an
array of British radio artists with a few Americans doing their stuff.
The story link is strong and ingenious. A program director, deprived
of all his artistes by a vaudeville bar, recruits a new bunch from the
staff of the broadcasting station and, with the aid of a handy inventor,
puts over a sensational hit by presenting the show, on screens erected
in main streets, by television in color.
The comedy angle is emphasized, and the material is good and put
over peppily. Though the big point of the skit on the methods of the
official B. B. C. British station will miss in America, such incidents as
the arrival of the staff in military formation are funny in themselves, the
individual performances are good and the sidelights of the background
of broadcasting full of interest.
There is a big array of names, some of which mean something in
America, while the owners of the others all deliver their special line of
goods. Helen Chandler is the secretary and fiancee of the young direc-
tor, Clifford Mollison, and the others include Will Hay, Billy Bennett,
the Western Brothers, Alfred Drayton, the Three Sailors, Alberta
Hunter, Ted Ray, Clapham and Dwyer, Haver and Lee, Gerry Fitz-
gerald and Arthur Young, Ronald Frankau, Teddie Joyce and his band
and the Buddy Bradley Girls.
It is live entertainment for any audience if that audience can take
good stuff even if it is mainly expressed in the idiom of another country.
Running time, 85 minutes. "G."
ALLAN
"Forsaking All Others," which opened at the Capitol Tuesday, was covered
by Hollywood wire on Nov. 27.
"Little Minister," yesterday's opener at the Radio City Music Hall, was
reviewed by wire from Hollywood on Dec. 11.
"West of the Pecos," which opens this morning at the Criterion, was re-
viewed by wire from Hollywood on Nov. 23.
Short Subjects
"Dizzy and Daffy"
(Vitaphone)
Here is a short that might create
more comment than the feature on
whose bill it plays. Jerome (Dizzy)
Dean and Paul (Daffy) Dean, Cardi-
nal World Series heroes, are the names
featured and the team expected to
bring crowds to the box-office. But
it is Shemp Howard who, in all prob-
ability, will be the member of the cast
to create audience comment.
The story is negligible and serves
only as a means of putting the Dean
boys on the screen. It has them mem-
bers of a small-time ball club of which
Howard is the star pitcher. He is
knocked out of the box and the Deans
go in and save the game. Shots of
the last World Series are interspersed,
including all the highlights of the
games.
Howard reaches new heights with
his corned}- here, and alone carries the
picture. His antics and peculiar dia-
logue delivery should convulse with
laughter any audience that sees this.
This short is to be highly recom-
mended. Reviewed without produc-
tion code seal. Running time, 20 mins.
"Jack Frosf
(Celebrity)
This Comi-Color cartoon is grand
entertainment. It should have par-
ticular appeal to children, and adults
will probably find themselves chuck-
ling as they see it.
Done in color, it tells the tale of a
bear cub that refuses to heed his par-
ents' warning and hibernate for the
winter. When Jack Frost comes
around and paints the leaves to
change them into the various autumn
colors the cub runs away from home.
He is overtaken by old man Win-
ter and sealed in a hollow log but is
rescued by Jack Frost. Appropriate
music accompanies the action and
dialogue. Reviewed without Pro-
duction Code Seal. Running time, 8
mins. "G."
"Pop Goes My Hearf'
(Vitaphone)
A pleasant "Merrie Melodie" color
cartoon that features the song, "Pop
Goes Your Heart." It has little wood-
land creatures going through their
musical capers and dancing antics to
the tune of the song and should have
particular appeal to children. Prod-
uction Code Seal, No. 398. Running
time, 7 mins. "G."
"Two Lame Ducks"
(Educatioiujl)
Vince Barnett and Billy Gilbert fans
may be disappointed in this one, even
though it is fairly amusing. It con-
cerns a duck shooting trip taken
by the two comedians after their wives
have removed their licenses to punish
them. The ensuing comedy is fair.
Production code seal, No. 365. Run-
ning time, 14 mins. "G."
"Knickerbocker Knights"
(Universal)
A fair Mentone production consist-
ing of a number of vaudeville turns,
with Roy Atwell as master of cere-
monies. Among the entertainers are
Gypsy Nina, the Pearl Twins, Hayes,
Haig & Howe, Jerome Mann, and the
Cecil Mack choir of colored singers.
A mixture of singing, dancing and
comedy, with Mann outstanding. His
imitations of prominent folk are accur-
ate. Code seal No. 0177. Running
time, 20 mins. "G."
Temple Benefit Planned
Temple Ezrath Israel, known as the
actors' temple, will hold its annual
benefit at the Imperial Jan. 6. Stage,
screen and radio talent will supply the
program.
Attack Fox Claims
In Tri-Ergon Case
(_Contim<ed from page 1)
his ownership of basic patents affect-
ing the talking film.
The briefs were filed in the names
of all of the companies associated in
the case and contended that the de-
velopment of talking pictures was the
result of the separate efforts of many
American scientists and that the Ger-
man inventors were unable to develop
their product in Germany with the aid
of the patents.
Taking up the points on which Fox
depends, the briefs take the attitude
that the flywheel claims do not consti-
tute invention, pointing out that
Thomas A. Edison sought to secure
a similar patent in connection with
the phonograph, which was refused
as not being a new invention.
With respect to printing, it is
charged that a certain provision was
not incorporated in the patent until
1929, after talking pictures had been
developed and found commercially
practicable.
New Ohio Tax Start
Put Back to Feb. 1
Columbus, Dec. 27. — Collection of
the recently-enacted three per cent
sales tax will not start until Feb. 1,
according to Carlton S. Dargusch,
vice-chairman of the State Tax Com-
mission. It previously had been
planned to make it effective Jan. 10
to 15. Delay in distribution of tax
stamps by the state treasurer is in-
dicated as the reason for the post-
ponement.
Exhibitors, compelled to put the
tax into effect Jan. 1, will not here-
after be required to detail the break-
down of their gross, as between es-
tablished admissions and state tax,
as was the case with the 10 per cent
impost. Box-office signs and other
advertising media need only show the
gross admissions, followed by the
words, "Including Ohio State Tax.''
Tickets now on hand may be used
by exhibitors until the supply is ex-
hausted, or until advised to the con-
trary by the tax commission. There-
after, special tickets which specify in-
clusion of the tax must be used.
Name St. Louis Trustee
St. Louis, Dec. 27. — J. Porter
Henry, an attorney, has been ap-
pointed special trustee for the fund of
$20,962 deposited in the First National
Bank under the name of "The
Skouras' Employes' Mutual Aid
Ass'n" by Circuit Judge Green. Under
the court's order Henry will deter-
mine to whom the fund should be paid.
Some weeks ago Thornton W. Sar-
geant, Jr., a former employe of the
Skouras Brothers' Super Theatres
Corp., brought suit seeking a distribu-
tion of the fund. The fund was es-
tablished by the Skouras Brothers
when they operated the Ambassador,
Grand Central and Missouri for the
benefit of their employes.
Omaha to Have Shows
Omaha, Dec. 27. — First stage show
to be seen here since June opens New
Year's eve midnight at A. H. Blank's
Orpheum featuring Harriet Callo-
way's Cotton Club revue. The attrac-
tion has been booked for three days.
MOTION PICTURE
DAILY
Friday, December 28, 1934
Only Two Hit
Para. Plan at
Court Hearing
(Continued from page 1)
was appearing for stockholders of the
company.
Saul E. Rogers and Szold & Brand-
wen, counsel for independent bond-
holders, whose opposition to some
phases of the plan would not have
come as a surprise to leading reor-
ganization factors, interposed no ob-
jections throughout the hearing. Rog-
ers told Motion Picture Daily that
he favored a "speedy reorganization of
the company." In response to queries
during a court recess, Zirn, one of the
two objectors to the plan, told Mo-
tion Picture Daily that he believed
the plan to be "very fair in practically
all respects," adding that if it pro-
vided for a "slightly smaller" cash
payment to the creditor bank group it
would have his approval.
Zirn First to Object
Zirn made the first objection of the
day with the opening of the hearing.
He moved that Judge Coxe refer the
hearing on the plan to Federal Judge
Murray W. Hulbert, who is presid-
ing over current bankruptcy term in
the district court here, on the grounds
that Judge Coxe, who is presently as-
signed to the motions term, lacked
authority to preside at the hearing.
Judge Coxe overruled the motion and
Zirn took an exception.
Alfred A. Cook, counsel for the
debtor, Paramount Publix, who is also
counsel for the stockholders' protec-
tive committee, gave a history of the
development of the plan in which he
detailed the prominent part played by
Kuhn, Loeb & Co. in its formation.
He stated that Paramount's bank cred-
itors suggested the formation of the
bondholders', stockholders' and bank
group committees ; recommended the
chairman and members of those com-
mittees and their counsel.
Traces Plan Drafting
Cook said that the bank committee
then called upon Kuhn, Loeb & Co.
to draw up a plan of reorganization,
which the former Paramount bank-
ing house did after retaining Cra-
vath, de Gersdorff, Swaine & Wood
as its counsel. Several plans of re-
organization were then developed by
Kuhn, Loeb and its counsel for the
committees, but when Kuhn, Loeb
was named recently in an application
of the Paramount trustees for leave
to bring suits for recovery and ac-
counting as a result of activities in
connection with operation of a Para-
mount employes' stock purchase plan
from 1929 to 1932, the banking house
withdrew from activities in connection
with the final plan of reorganization,
its representatives resigned from the
board of directors of Paramount and
it disavowed representation on the
board of the new company until such
time as the trustees' actions have been
disposed of.
Cook then proceeded to defend such
outstanding provisions of the plan as
the settlement of the $13,200,000 bank
group obligation ; the Paramount
Broadway reorganization plan and the
$2 assessment on stockholders. In
discussing these subjects Cook antici-
pated the principal points which
62 Lawyers There
Legal talent in droves was
attracted to the first day's
hearing on the Paramount
reorganization plan before
Federal Judge Coxe yester-
day, jamming a spacious
courtroom until even stand-
ing room was at a premium.
At one time a count tallied
62 gentlemen of the bar.
The day's session was un-
eventful except for occasion-
al verbal clashes and ex-
changes of repartee between
Alfred A. Cook, counsel for
Paramount Publix, and Arch-
ibald Palmer, one of two law-
yers who appeared in opposi-
tion to the plan.
Palmer was to advance in opposition
to the plan. Palmer had indicated in
advance of yesterday's hearing that
he would endeavor to obtain an ex-
aminization of all persons who had
participated in drawing up the plan
and would oppose the Paramount
Broadway and bank group provisions.
Cook stated that the $5,000,000 cash
payment to the banks provided by the
plan was justified because it repre-
sented repayment of a loan which
financed production and thereby kept
Paramount going in 1932. He de-
fended the stock assessment which is
intended to raise $6,500,000 because,
he said, new bank money would not
be available to the reorganized com-
pany.
Keough First Witness
Austin Keough, Paramount secre-
tary and counsel, was the first witness
called. He described the corporate
structure of Paramount. George
Schaefer, Paramount general manager,
testified as to the operations of the
company. His testimony brought out,
among other things, that Paramount
has 8,000 exhibitor customers of a
potential 13,000 total in the country ;
that 25 per cent of the company's dis-
tribution revenue is from its own the-
atres and that uncertainty in the minds
of non-contact employes over their
future, because of the company's bank-
ruptcy, created a problem in morale
throughout Paramount that made a
speedy reorganization essential. He
also testified that competitors have
taken advantage of the situation to
arouse dissatisfaction in the ranks of
players and directors that was proving
costly to the company.
Freeman Also Gives Testimony
Y. Frank Freeman, vice-president
of Famous Theatres, Paramount sub-
sidiary, testified in relation to theatre
operations, decentralization of the
company's circuits and the new man-
agement and partnership operating
agreements now in effect. Fred Mor-
hardt, general auditor, identified and
explained balance sheets attached to
the plan, as did R. F. Storkey, of
Price, Waterhouse & Co., who has
been engaged for Paramount auditing
for the past 14 years.
When testimony of this nature has
been completed the court will take
the plan under advisement. If it is
then accepted by the court creditors
will be given 30 days in which to ap-
prove or reject it. Two-thirds in
amount of creditors of all classifica-
tions must approve the plan to make it
effective.
Lease Negotiations
End /. L. & S. Suit
Suspension of preliminary motions
in the anti-trust suit contemplated by
McVickers, Chicago, against Para-
mount, Balaban & Katz and major
distributors was brought about by the
opening of negotiations for settlement
of Jones, Linick & Schaefer's Mc-
Vickers' lease claims against Para-
mount and B. & K, it was learned
yesterday.
B. & K. relinquished its lease on
McVickers last summer and the Loop
theatre was reopened by Jones, Linick
& Schaefer, lessors of the property.
Recently the operators threatened the
anti-trust suit alleging inability to ob-
tain product for the house and asked
leave in Federal court here to make
Paramount and the trustees defend-
ants in the suit. That motion was
withdrawn Wednesday pending out-
come of the negotiations for settlement
of the lease claims.
Deny Nathanson to
Join Montreal Bank
Toronto, Dec. 27. — Reports that N.
L. Nathanson would quit Famous
Players Canadian to become an officer
of the Bank of Montreal are denied
here.
Nathanson and Sir Herbert Holt,
president of the bank, have been close-
ly associated for years in various en-
terprises.
Nathanson is now in Bermuda on a
vacation.
Bogue in Court, So
Met Plan Goes Over
(Continued from pane 1)
delayed because of the required at-
tendance of Morton G. Bogue, of
counsel for the Fox Met bondholders'
committee, which developed the plan,
at the Paramount Publix reorganiza-
tion hearing. Bogue appeared at the
latter hearing in his capacity as coun-
sel for the Paramount creditor bank
group. Indications are that the Fox
Met plan now will not be filed until
tomorrow or early next week.
Kansas Westerns at
10 Cents Found O. K.
Kansas City, Dec. 27. — Finding
that Columbia and Paramount con-
tracts with O. K. Mason, Great Bend,
Kan., permitted him to play westerns
at 10 cents, the local grievance board
dismissed a reduced admission com-
plaint brought by Glen W. Dickinson
Theatres.
On complaint of E. Van Hyning,
Iola, Kan., the Dickinson, same town,
was found guilty of reduced admission
in playing a Fox picture below con-
tract price provisions. Complaints in-
volving the Dickinson as regards Uni-
versal and Consolidated film were dis-
missed when no contract violation was
shown.
Schwartz Case Up Today
A. H. Schwartz's appeal from an
overbuying decision handed down re-
cently by the New York grievance
board will be heard today by a Campi
committee. Morris Kutinsky, operat-
ing Community, Queens Village, L.
I., complained that Schwartz tied up
all the product for the Queens, same
city, with the result that the local
board ordered that Kutinsky be given
all over 250 films bought for the
Queens.
Chicago Now
Agitated by
Premium Ban
(Continued from page 1)
overcome the protection advantage of
competitors.
Premium interests are soliciting
support among exhibitors against the
proposed ban. One distributor is cir-
culating a printed appeal "not to be
misled and not to play into the hands
of the chains." The experiences of
Cleveland and Kansas City are cited.
In the first-named city, some inde-
pendents are said to be seeking to re-
call their signatures from the agree-
ment against premiums. The grievance
board in Kansas City has rescinded
the ban previously imposed, ruling
there was an insufficient number of
signatures of unaffiliated exhibitors to
the petition. Fox Midwest plans to
put that issue up to Campi for final
determination. The circular states
the short-lived ban in Kansas City
proved a hardship to exhibitors.
That the theatre premium business
is a growing one here is indicated by
the fact one company distributes 90,-
000 pieces of gift ware each week and
another disposes of 40,000 weekly, be-
sides smaller distributors.
Opposition Looms
On Operator Scale
(Continued from page 1)
given some of the details are not in
favor of it. It is understood that in
numerous instances booth costs will be
increased. For other houses, it is said,
decreases will be made, but not by
more than one-third of the present
scale.
Provided in the tentative pact is a
clause calling for arbitration every
two years during the 10-year life of
the plan. The I. A. T. S. E. will
supervise all details as far as the op-
erators' unions are concerned, it is
understood.
Meanwhile, several major circuits
are said to be preparing new contracts
under the provisions temporarily
agreed upon. A meeting of major
and independent theatre heads may be
held next week to discuss new union
pacts.
Presiding at the I. T. O. A. meet-
ing yesterday, Harry Brandt told
members that "everything will work
out," but did not go into details. Cir-
cuit men will not discuss the arrange-
ment, referring all queries to Com-
pliance Director Sol A. Rosenblatt,
who sat in at all the sessions held at
Campi.
Picketing by Allied and Local 306
continues as heretofore and will most
likely keep up until the plan is
adopted. This is expected around
Jan. 14. Sandwich men parading the
Art, Star and Ritz in the Bronx have
been removed, but this not general.
Indianapolis Cases
Reach Total of 35
Indianapolis, Dec. 27. — Thirty-five
cases have been heard to date by the
Indianapolis code boards, according to
figures compiled by Miriam Yergin,
secretary, who says not one decision
has been reversed on appeal.
comes in like a
LION!
Metro-Goldwyn-Mayer's Greatest Motion Picture
DAVID COPPERFIELD
Friday, December 28, 1934
MOTION PICTURE
DAILY
Sinclair Men Row;
Film Leaders Relax
(Continued from page 1)
of Sinclair's radical economic pro-
gram, the election of 27 Epic as-
semblymen has been a source of worry
to the industry. This has been
eased by Sinclair's own widely cir-
culated w-eekly newspaper, Epic News,
definitely announcing Sinclair's re-
pudiation of Culbert Olson, lone Sin-
clair senator elected, and the chair-
man of the Democratic State Central
Committee, who, next to Sinclair and
Richard Otto (Sinclair's campaign
manager), was the outstanding Sin-
clairite in California during the cam-
paign. Sinclair urged Epic forces to
remove Olsen. The schism all came
about when Olson independently circu-
lated a petition providing that of the
State's $24,000,000 bond issue $6,000,-
000 should be expended to establish
production-for-use colonies. While
this apparently is what Sinclair's
Epic plan itself urged Sinclair and
Otto claim that Olson's initiative bill
is nothing but a political move, de-
signed to concentrate huge patronage
power under a few individuals who
will employ people and purchase sup-
plies with which to launch the plan.
Another objection to Olson is that
Olson insisted that the word Epic,
which was the catchy name of Sin-
clair's famed EPIC plan (End Poverty
in California) be dropped. Sinclair
contends that his original Epic plan
was to be nnerated on a co-operative,
self-governing basis, without dictators
or patronage-dispensers.
How much strength Olson, as chief
of the Epic elements in the legislature,
will have, and how much Sinclair will
retain will all come out in the wash.
Anyway, film men feel a little easier,
and hope the Sinclairites keep on
fighting among themselves.
To Renovate in Toronto
Toronto, Dec. 27. — Along with de-
claring a regular dividend on prefer-
ence shares for the quarter ending
Sept. 30, 1928, amounting to 1-34 per
cent, Marcus Loew's Theatres, Ltd.,
Toronto, has announced that $150,000
will be spent on the immediate mod-
ernization of Loew's Yonge St., the
alterations to be done without inter-
ference with performances.
Cincy Sky to Be Club
Cincinnati, Dec. 27.— The 1,000-
seat Sky, located on the roof of the
Orpheum, surburban, is being con-
verted into a night club to be known
as the Club Orpheum. It will open
around Jan. 1, with attendance limited
to patrons of the theatre. M. Chester
Martin, owner and operator of the Or-
pheum, is sponsoring the enterprise.
Contracts Are Singed
Omaha, Dec. 27. — Twelve contract
approvals, mailed out of the New
York, office and which went through
an airmail crash near Buffalo, reached
D. V. McLucas, United Artists
branch manager here, with the cor-
ners burned off and slightly toasted
but still legible.
Brockton House Reopens
Brockton, Dec. 27. — In the Cam-
pello section, Keith's, named for a fac-
tory and not for the circuit, has been
reopened for twin features. L. Trask
is the operator.
Tests Boxing Draw
Providence, Dec. 27. — It's
a question of how much box-
ing will aid the box-office at
the Modern where Tony Ro-
mano is booking in amateur
ring bouts for Monday eve-
nings. Instead of giving pa-
trons an opportunity to
dance, a fast-spreading fad,
Romano is attempting to
boost patronage by giving the
customers an opportunity to
watch others dance around a
ring.
Openings and Shifts
On N. E. Theatre Map
Marlboro, Mass., Dec. 27. —
Netoco-Marlboro Theatre Corp. has
acquired the Princess. It also is con-
nected with the Marlboro along with
Publix.
Sanford, Me., Dec. 27.— The E. M.
Loew chain, which now operates well
over two dozen houses in New Eng-
land, has closed the State here and
reopened the Capitol.
Hudson, Mass., Dec. 27. — The
Hudson, formerly a part of the Phil
Smith independent circuit, has been
acquired by George Markell, who is
operating it on a double-feature
policy.
Richford, Vt., Dec. 27.— The Park,
formerly operated by L. V. Hart on
a six-day-a-week schedule with three
changes, has changed to a policy of
a four-day operation week with two
changes.
Bristol, R. I., Dec. 27. — The
Pastime, which replaces a house of
the same name racked by fire, has
been opened by Lon Vail, operator
of the previous enterprise. The
project was outfitted with DeForest
sound by Harold Davidson, G.T.P.C.
division engineer in New England.
Boston, Dec. 27. — The Modern,
operated by Mullen and Pinanski, is
the test spot for a new plan of high-
intensity lighting which, it is claimed,
gives a third-dimension effect to
flickers. The system was devised by
Joseph Rosen and T. J. Loftus of the
theatre operating corporation.
Will Alperin, formerly cashier
at the local Warner exchange, has
gone with the rapidly expanding Fred
E. Lieberman circuit. J. P. Jerome,
formerly with Loew's, has also gone
with the chain to manage the re-
cently acquired Columbia.
Three Open in the West
Omaha, Dec. 27. — Three theatres
with new equipment have opened in
this territory. They are: Dodge, at
Dodge, Neb. ; Grand at Norfolk, Neb. ;
Pleasure at Sanborn, Minn., to be re-
named.
Radio Signs Walter Lang
Hollywood, Dec. 27. — Radio has
signed Walter Lang to direct a mu-
sical, as yet untitled, to be produced
by Felix Young. Jenie LeGon is the
only one assigned to the cast.
"Bordertown" to Strand
"Bordertown" will reopen the
Strand about the middle of January.
K. C. Bowlers Raise
$802 for Milk Fund
Kansas City, Dec. 27.— A. milk
fund for undernourished children in
eight public schools in the poorer dis-
tricts of Kansas City will be estab-
lished with proceeds from a bowling
tournament sponsored by the local
Variety Club in conjunction with the
Kansas City Star. Net proceeds were
$802, obtained in two days of com-
petition.
Conceived and engineered by Frank
C. Hensler, M-G-M branch manager
and president of the club, the stunt
was one of the biggest ever put over
for charity by any local organization.
So successful was it that it probably
will be an annual event.
There were 750 entries, obtained
in less than a week. The proceeds
represent tickets sold the bowlers at
$1 each and, in addition, $50 given
the fund by the Pla-Mor alleys.
All participants were given awards,
ranging from tons of coal and turkeys
to six-month passes to major theatres.
The Star awarded plaques to the lead-
ing bowlers in the men's and women's
divisions. Other prizes were con-
tributed by theatre and film men and
merchants. Variety Club's contribu-
tion was 25 neckties.
Hensler has turned the receipts over
to the Junior Red Cross which will
administer the fund with the co-
operation of school authorities. About
250 undernourished children will re-
ceive daily a half-pint of milk and
crackers from now until the end of the
present school year.
Seek Receiver at Kent
Ravenna, O., Dec. 27. — Appoint-
ment of a receiver for the Kent Opera
House Co. at Kent is asked in a suit
filed in Common Pleas Court by John
Paufi and his wife, Susie. Plaintiffs
charge they leased the old Kent
Opera House to the company at a ren-
tal of $250 a month on August 27,
1929, and that $5,003 is now due
them. They ask that the court rule
the lease null and void, and appoint a
receiver to take charge of the prop-
erty.
Schaefer Coming Here
Gus Schaefer, general manager of
Central Europe for Paramount, is due
in six weeks on his annual business-
vacation trip.
Stuart Webb Heads
First Div. Board
Sproules in Ft. Scott
Ft. Scott, Kan., Dec. 27. — Sproule
Bros., exhibitors at Newton and Hut-
chinson, Kan., have taken over the
new Yale here.
(Continued from page 1)
assistant secretary and assistant treas-
urer of Pathe News since 1931.
Nicholas S. Ludington, president of
First Division Prod., left last night
for the coast to supervise production
for the next few months. John Cur-
tis, vice-president, will leave by plane
Jan. 6 to assist Ludington.
Al Friedlander, vice-president of
First Division Exchanges, and direc-
tor of publicity and advertising, will
go to the coast about the middle of
January to take charge of distribution
and to handle the March of Time reel
and other product. He will be out
there for about six months.
Move on for Boost
In All Admissions
(Continued from page 1)
scheduled to be held yesterday, but
was put off until a later date.
If, and when, the plan goes through
every theatre from the Music Hall
down to the smallest house, will hike
the tariff. It is stated one major cir-
cuit and a few independents object to
boosting admissions evenings because
it has been found that low matinee
admissions bring in more than night
scales. Unless all theatres adopt in-
creases simultaneously, the plan will
be dropped, it is said.
Schlaifer Closes Deals
L. J. Schlaifer, G. B. special sales
representative, has closed two deals,
one with the Publix Tri-State Theatre
Circuit of Iowa and Nebraska, and
the other with the Robb & Rowley
Circuit of Texas for the first eight
of the 16 set for release this season
by his company.
McCollister to Wichita
Wichita, Dec. 27. — C. C. Mc-
Collister, at one time associated with
the Joe Cooper enterprises here and in
Oklahoma City, has returned to Wich-
ita to manage the Nomar, the lease
to which was recently relinquished by
Roy and Howard Campbell. Re-
modeling will begin immediately.
Skourases Inspect Houses
Spyros and George Skouras are
making a round of all theatres oper-
ated by the latter in this territory in
connection with a drive now on for
the best holiday lobby.
Superfine Merchandise
£\ RTOONS
Real Headline Attractions
CELEBRITY PRODUCTIONS, INC.
723 Seventh Ave. Cable:
New York, N. Y. "Celebrity'
12
MOTION PICTURE
DAILY
Friday, December 28, 1934
Broadway" Is
Coast Smash;
Gets $21,000
Los Angeles, Dec. 27. — "Broadway
Bill" was the big Christmas week
noise here. It piled up $21,000 with
the stage show at the Paramount,
thereby topping par by $3,000. This
is outstanding in the face of the slump
elsewhere.
Total first run business was $64,-
398. Average is $88,450.
Estimated takings for the week end-
ing Dec. 26 :
"MUSIC IN THE AIR" (Fox)
CHINESE— (2,500), 50c-65c, 5 days. Gross:
$4,292. (Average, $12,500.)
"BRIGHT EYES" (Fox)
CHINESE— (2,500), 50c-65c, 2 days. Gross:
$2 100
' "BABES IN TOYLAND" (M-G-M )
4 STAR— (900), 30c-55c, 7 days. Gross:
$5,250. (Average, $3,250.)
(State Rights)
LOEWS STATE— (2,413), 30c-5Sc, 5
days. Gross: $4,206. (Average, $14,000.)
"BRIGHT EYES" (Fox)
LOEWS STATE— (2,413), 30c-55c, 2
days. Gross: $2,600.
"BROADWAY BILL" (Col.)
PARAMOUNT— (3,595), 30c-55c, 7 days.
Stage: Rube Wolf and his orchestra, F.
6 M. revue. Gross: $21,000. (Average,
$18 000 )
"SWEET ADELINE" (Warners)
RKO — (2,700), 25c-65c, 7 days. Gross: $5,-
700. (Average, $8,000.)
"BABES IN TOYLAND" (M-G-M)
UNITED ARTISTS— (2,100), 23c-55c, 7
days. Gross: $4,750. (Average, $3,500.)
"SWEET ADELINE" (Warners)
WARNER. BROS. (HOLLYWOOD) — (3,-
000), 25c-65c, 7 days. Gross: $6,300. (Av-
erage, $14,000.)
"WHITE LIES" (Col.)
"THE LAST WILDERNESS"
(Sta teRights)
WARNER BROS. (DOWNTOWN)— (3,-
400), 25c-40c, 7 days. Stage: 6 acts vaude-
ville. Oscar Baum and his orchestra. Gross:
$4,900. (Average. $12,000.)
"IMITATION OF LIFE" (Univ.)
PANTAGES— (5,000). 25c-40c, 4th week,
7 days. Gross: $3,300. (Average, $3,200.)
"It's a Gift" Proves
Portland Surprise
Portland, Dec. 27. — "It's a Gift"
was just that for the Paramount, and
likewise the stage show, with a take of
$8,000, or $3,000 over average.^
"Imitation of Life," after moving to
the Music Box in its second Portland
week, registered $2,400, or $400 over
normal.
"Kansas City Princess," supple-
mented by a snappy stage show at the
Orpheum, registered but $5,300, or
$300 over the usual.
Total first run business was $31,200.
Average is $27,000.
Estimated takings for the week
ending Dec. 22 :
"THE GAY BRIDE" (M-G-M)
BROADWAY — (1.912), 25c-35c-40c, 7
days. Gross: $4,700. (Average. $5,000)
"GREAT EXPECTATIONS" (Univ.)
ORIENTAL— (2,040), 25c, 7 days. Gross:
$2,100. (Average. $2,000)
"KANSAS CITY PRINCESS" (Warners)
ORPHEUM— (1.70C), 25c-35c-40c, 7 days.
Stage show. Gross: $5,300. (Average,
$5,000)
"IMITATION OF LIFE" (Univ.)
MUSIC BOX— (1.000). 25c-35c-40c, 7 days,
2nd week. Gross: $2,400. (Average, $2,000).
"WAGON WHEELS" (Para.)
"READY FOR LOVE" (Para.)
MAYFAIR — (1.700). 25c-35c, 7 days.
Gross: $2,700. (Average. $3,000)
"IT'S A GIFT" (Para.)
PARAMOUNT— (3.008), 25c-35c-4Cc, 7
days. Stage show. Gross: $8,000. (Aver-
age. $5,001)
"PRIVATE LIFE OF DON JUAN"
(U. A.)
UNITED ARTISTS— (945), 25c-35c-40c, 7
days. Gross: $6,000. (Average, $5,000)
Hollywood Personals
Hollywood, Dec. 27. — George Brent and Kay Francis teamed in
"Goose and Gander" at Warners. . . . Edward Everett Horton cast
in "Caliente" at Warners. . . . Leon Schlesinger back at work after
a nervous breakdown. . . . James R. Grainger arrived in town. . .
Roger Pryor has postponed his trip to Broadway for a role with
Billie Burke in "Her Master's Voice" at the El Capitan in Holly-
wood. . . . Warners have 612 lights, amounting to 35,000 amperes,
on the big set for "Midsummer Night's Dream.". . . Jack LaRue
gets a role in "Now I'm a Lady" at Paramount. . . . Amelia Ear-
hart takes Myrna Loy and Cary Grant for a plane ride over Los
Angeles. . . .
"Veil" Only
Draw in Dull
Frisco Week
San Francisco, Dec. 27. — Even the
Navy couldn't lift downtown houses
out of the pre-Christmas slump. Only
one spot, the Warfield with "The
Painted Veil," had heavy grosses. The
take for the week there was $26,000,
up by $3,000.
"Babes in Toyland" and "Murder
in the Clouds" were over par by
$1,000 on a $12,000 take at the Para-
mount, but elsewhere box-offices were
in the doldrums.
Total first run business was $77,500.
Average is $83,000.
Estimated takings :
Week Ending Dec. 18:
"SILVER STREAK" (Radio)
GOLDEN GATE— (2,800), 25c-35c-40c, 7
days. Stage, band. Gross: $11,500. (Aver-
age, $13,000)
Week Ending Dec. 19:
"1 AM A THIEF" (Warners)
"BACHELOR OF ARTS" (Fox)
FOX— (4,600), 15c-30c-40c, 7 days. Gross:
$8,500. (Average, $11,000)
"BABES IN TOYLAND" (M-G-M)
"MURDER IN THE CLOUDS" (Warners)
PARAMOUNT— (2,670), 25c-35c-55c-65c, 7
days. Gross: $12,000. (Average, $11,000)
"PAINTED VEIL" (M-G-M)
WARFIELD— (2,700), 25c-65c. 7 days.
Stage band. Gross: $26,000. (Average.
$23,000)
Week Ending Dec. 20:
"OVER NIGHT" (B. & D.)
"JEALOUSY" (Col.)
ORPHEUM — (3,000), 15c-30c-35c-40c, 7
days. Gross: $7,000. (Average, $9,000)
"COLLEGE RHYTHM" (Para.)
ST. FRANCIS — (1,400), 15c-35c-55c, 7
days. Gross: $6,500. (Average, $8,000)
"KID MILLIONS" (U. A.)
UNITED ARTISTS— (1,200), 15c-35c-55c,
7 days, 4th week. Gross: $6,000. (Average,
$8,000)
Music Hall Pulls
$82,500 on "Eyes"
(.Continued from pape 1)
Eyes'' yesterday with a smash open-
ins day.
The Roxy with "Anne of Green
Gables" garnered an unusual $39,500
for the first seven days. Indications
are that RKO's share for the two
weeks will net around $20,000. "It's
a Gift" goes in Jan. 4.
Following two weeks of "Here is
My Heart" at the Paramount, "Sweet
Adeline" is slated for two weeks. If
the gross holds on the first seven days,
the Warner film will be continued and
followed by "Lives of a Bengal Lan-
cer." If the picture is pulled after
the first week, "Behold My Wife" will
follow. Indications are that if "Sweet
Adeline'' goes two weeks, "Behold
My Wife" will go into the Roxy.
"Veil" Leads
St. Paul in
Dull 7 Days
Minneapolis, Dec. 27. — Grosses hit
the toboggan on both sides of the river
with "The Painted Veil" at the St.
Paul Paramount, the only attraction to
make a creditable showing. It took
$6,000, over the line by $500.
Three Minneapolis houses succeeded
in going over average. They were the
Orpheum with "The Captain Hates the
Sea" at $5,700, the Palace with "The
Human Side" at S2.500 and the Time
with "Jane Eyre" at $2,000.
Total first run business in Minne-
apolis was $24,200. Average is $23,000.
Total first run business in St. Paul
was $17,500. Average is $16,500.
Estimated takings :
Minneapolis :
Week Ending Dec. 19:
"MUSIC IN THE AIR" (Fox)
CENTURY— (1,650), 25c-40c, 7 days.
Gross: $4,000. (Average, $4,000)
"LIMEHOUSE BLUES" (Para.)
LYRIC — (1,238), 20c-25c, 7 days. Gross:
$1,500. (Average, $1,500)
Week Ending Dec. 20:
"CAPTAIN HATES THE SEA" (Col.)
ORPHEUM— (2,900), 25c-50c. 7 days.
Gross: $5,700. (Average, $5,500)
"IT'S A GIFT" (Para.)
STATE— (2,300), 25c-40c, 7 days. Stage:
"Spices of 1935." Gross: $5,500. (Average,
$5,500)
"THE HUMAN SIDE" (Univ.)
PALACE— (900). 15c-25c, 7 days. Gross:
$2,5(0. (Average, $2,000)
"JANE EYRE" (Monogram)
TIME — (300), 20c-30c, 7 days. Gross:
$2,000. (Average, $1,500)
"ONE NIGHT OF LOVE" (Radio)
WORLD— (300), 25c-75c, 7 days, 3rd week.
Gross: $3,000. (Average, $3,000)
St. Paul:
Week Ending Dec. 19:
"THE PAINTED VEIL" (M-G-M)
PARAMOUNT— (2,300), 25c-40c. 7 davs.
Stage show. Gross: $6,000. (Average, $5,500)
"MUSIC IN THE AIR" (Fox)
RIVIERA— (1,200), 25c-40c, 7 davs. Gross:
$3,500. (Average, $3,500)
"KENTUCKY KERNELS" (Radio)
ORPHEUM— (2.000), 25c-40c, 3 days.
Gross: $2,000. (Average for week, $4,000)
"CAPTAIN HATES THE SEA" (Col.)
ORPHEUM— (2,000), 25c-40c, 4 days.
Gross: $2,400. (Average for week, $4,000)
"THE GAY BRIDE" (M-G-M)
TOWER— (1,000). 15c-25c, 7 days. Gross:
$3,000. (Average, $1,500)
"THUNDER OVER MEXICO" (Princippal)
WORLD— (300), 25c-75c, 7 days. Gross:
$2,000. (Average, $2,000)
Film Crowd at Races
Hollywood, Dec. 27. — Approxi-
mately 35,000 attended the opening
meet at the Santa Anita track at Ar-
cadia. Many picture people, some of
them owning stables, were present.
The meet lasts 52 days when the Agua
Caliente track will open.
Shoppers Give
Boston Takes
Heavy Wallop
Boston, Dec. 27. — Christmas shop-
ping hit downtown houses a terrific
wallop with the total take down to
$54,450. Average is $94,000.
Even the big Metropolitan with a
normal take of $28,000 was down to
$21,000 with "Music in the Air" and
a stage show, "Color Rhapsodies."
Estimated takings for the week
ending Dec. 20 :
"CHEATING CHEATERS" (Univ.)
RKO BOSTON— (3,426), 25c-50c, 7 days.
Stage: Ranny Weeks and 7 acts vaudeville
Gross: $13,000. (Average. $17,5(0)
"I AM A THIEF" (Warners)
"ONE HOUR LATE" (Para.)
FENWAY— (1,800), 30c-50c, 7 days. Gross:
$6,750. (Average, $9,000)
"THE MAN WHO RECLAIMED HIS
HEAD" (Univ.)
KEITH'S MEMORIAL— (3,500), 35c-65c,
4 days. Gross: $5,000. (Average. $16,000)
"PRIVATE LIFE OF DON JUAN" (U. A).
"MEN OF THE NIGHT" (Col.)
LOEWS STATE— (3.700), 35c-50c. 7
days. Gross: $12,000. (Average, $16,000)
"MUSIC IN THE AIR" (Fox)
METROPOLITAN — (4,350), 30c-65c, 7
days. Stage: "Color Rhapsodies." Gross:
$21,000. (Average, $28,000)
"I AM A THIEF" (Warners)
"ONE HOUR LATE" (Para.)
PARAMOUNT— (1.800), 30c-50c, 7 days.
Gross: $6,700. (Average, $9,000)
4Limehouse,' Show,
$12,000, Montreal
Montreal, Dec. 27. — Loew's sur-
vived the Christmas shopping ordeal,
coming out on top with $12,000 with
"Limehouse Blues" and Cab Calloway
on the stage. The Capitol changed
pictures after four days, the new bill
being featured by "Babes in Toyland''
which drew $4,000 for three days.
The Palace take on "Behold My
Wife" and "It's a Gift" was $8,000,
while the Princess didn't do badly at
$6,000 on "Our Daily Bread."
Total business was $35,500. Aver-
age is $40,500.
Estimated takings for the week
ending Dec. 22:
"GREAT EXPECTATIONS" (Univ.)
"WAKE UP AND DREAM" (Univ.)
(4 Days)
"BABES IN TOYLAND" (M-G-M)
"THE CASE OF THE HOWLING DOG"
(Warners) (3 Days)
CAPITOL — (2.547), 25c-35c-40c-50c-60c.
Gross: $4,000. (First 4 days.) Gross:
53,500. (Last 3 days.) (Average for 7
days, $9,500)
"ALL QUIET ON THE WESTERN
FRONT" (Univ.)
IMPERIAL— (1.914). 15c-25c-35c. 7 days.
Added: "Cavalier of the West." Gross:
$2,000. (Average, $3,500)
"LIMEHOUSE BLUES" (Para.)
LOEWS— (3,115). 30c-40c-45c-57c-75c, 7
days. Stage: Cab Calloway and Cotton
Club Orchestra; Aida Ward; 5 Percola-
tors; Elma Turner and Nicodemus. Gross:
$12,000. (Average. S10.500.)
"BEHOLD MY WIFE" (Para.)
"ITS A GIFT" (Para.)
PALACE— (2,600). 30c -34c -40c -50c -65c. 7
days. Gross: $8,000. (Average. $11,000.)
"OUR DAILY BREAD" (U. A.)
"I'LL FIX IT" (Col.)
PRINCESS— (2.272). 30c-35c-50c-65c. 7
days. Gross: $6,000. (Average. $6,000.)
Shirley Portland Hit
Portland, Dec. 27. — "Bright Eyes"
broke all Christmas day records at the
Paramount with a take of $2,500. It
is expected to set a new 1934 record
for the week.
€DDK CANTOR
in SAMUEL GOLDWYN'S production of
KID MILLIONS
with ANN SOTHERN • ETHEL MERMAN
BLOCK & SULLY and the GOLDWYN GIRLS
^1
UNITED
ARTISTS
14
MOTION PICTURE
DAILY
Friday, December 28, 1934
Variety Club Chatter
"Jealousy,"
Show, $7,500,
Kansas City
Kansas City, Dec. 27. — The sea-
sonal slump produced another dull
week. "Jealousy," with the only stage
show in town, at the Tower, drew
$7,500, up by $500. "Flirtation Walk"
also withstood the holiday shopping
spree and did $5,000 at the Mainstreet
in four days of a second week. "It's
a Gift" hit par, and other grosses
slipped.
Total first run business, including
two weeks' grosses at the Midland,
was $33,600. Average is $39,000.
Estimated takings :
Week Ending Dec. 17:
"FLIRTATION WALK" (F. N.)
MAINSTREET— (3,100), 15c-25c-40c, 4
days, 2nd week. Gross: $5,000. (Average,
4 days, films only, $4,700.)
Week Ending Dec. 18:
"THE GAY BRIDE" (M-G-M)
MIDLAND— (4,000), 15c-25c-40c, 7 days.
Gross: $8,000. (Average, $9,000.)
Week Ending Dec. 20:
"IT'S A GIFT" (Para.)
NEWMAN— (1,800), 25c-40c, 7 days.
Gross: $6,000. (Average, $6,000.)
"JEALOUSY" (Cal.)
TOWER— (2.200), 25c, 7 days. Stage:
"Barnvard Follies," with Polly Jenkins,
Jack Randall & Co., Chain and La Mont,
Ben Dova, Paul Spor. others. Gross: $7,-
500. (Average, $7,000.)
"HELL IN THE HEAVENS" (Fox)
UPTOWN— (2,000). 25c-40c, 8 days. Gross:
$3,100. (Average, 8 days, $3,900.)
Week Ending Dec. 23:
"THE PRIVATE LIFE OF DON JUAN"
(U. A.)
MIDLAND— (4.000), 15c-25c-40c, 5 days.
Gross: $4,000. (Average, 5 days, $7,500.)
"Divorcee" Is
Denver's High
For 2nd Week
Denver, Dec. 27. — "The Gay Di-
vorcee" was a second week sensation
despite the handicap of snow and
Christmas shopping. The $5,500 take
at the Denham was $1,500 over par for
a first week.
"The Painted Veil" was also strong
at the Denver, going $1,000 over the
line on a $7,000 take, and "The Cap-
tain Hates the Sea" was $1,500 up
on a $6,500 take at the Orpheum.
Total first run business was $22,500.
Average is $20,500.
Estimated takings for the week end-
ing Dec. 20 :
"GENTLEMEN ARE BORN" (F. N.)
ALADDIN— (1.500), 25c-35c-50c, 7 days.
Gross: $2,000. (Average, $2,500)
"THE GAY DIVORCEE" (Radio)
DENHAM— (1,500), 25c-35c-50c, 7 days,
2nd week. Gross: $5,500. (Average, $4,000)
"THE PAINTED VEIL" (M-G-M)
DENVER— (2,500), 25c-35c-50c, 7 days.
Gross: $7,000. (Average, $6,000)
"THE CAPTAIN HATES THE SEA"
(Col.)
ORPHEUM— (2,600), 25c-35c-50c, 7 days.
Gross: $6,500. (Average, $6,000)
"CHEATING CHEATERS" (Univ.)
"ADVENTURE GIRL" (Radio)
PARAMOUNT— (2,000), 25c-40c, 3 days.
Gross: $600.
"DOWN TO THEIR LAST YACHT"
(Radio)
"STRANGE WIVES" (Univ.)
PARAMOUNT— (2,000), 25c-40c, 4 days.
Gross: $900. (Average for week, $2,000)
Albany
Albany, Dec. 27. — Herman Ripps,
M-G-M salesman, has been accepted
as a new barker, and even at this early
date is accepting all challenges over
the pingpong table.
The names of Al. Marchetti and
Jim Faughman were added to the
house committee.
Ted O'Shea of the Buffalo Tent
was a recent visitor as a guest of
First Assistant Barker Ralph Pielow.
Cincinnati
Cincinnati, Dec. 27. — The Christ-
mas party staged for orphans at the
Netherland Plaza Sunday was one of
the outstanding events of the season.
Committee consisted of H. J. ("Pop")
Wessell, Jake Gellman and Billy
Byrne.
At the ladies' night last Saturday,
the club's new portable dance floor
was appropriately dedicated. A "spe-
cial pre-censored" picture also was
screened.
The mother of Abe Lipp, dough
guy, is confined to a local hospital
with a serious ailment.
Lipp is spending the major portion
of his time at home as result of his
automobile having been struck by an-
other car. Nothing serious.
Tent No. 3 is maintaining open
house, afternoon and evening, through
Jan. 1.
Al Shmitkin is now a Cincinnati
barker, having been transferred from
the Indianapolis tent. The same is
true of Joe Oulihan, who has taken
a demit from the Washington tent.
Weekly meetings hereafter will be
held on Saturday afternoons instead
of Monday noon as formerly. It is
hoped that this change will tend to
increase attendance.
New barkers welcomed into Cincin-
nati No. 3 include Donald G. Stan-
ley, in charge of checking at Warners'
local branch, and Harold Harris, do-
ing publicity for Columbia pictures.
The latter is a non-resident member-
ship.
Stan Jacques, RKO-Radio mana-
ger, is the personification of per-
severance and optimism in sprouting a
so-called moustache.
Columbus
Columbus, Dec. 27. — Barker Mil-
ton Caniff, who is now on the non-
resident list, having been called to
New York for Associated Press work
some time ago, is just coming into
the limelight with his comic strip
Terry Pirates, which is being syndi-
cated from coast to coast.
At the recent election of officers,
Barker "Duke" Clark was presented
a beautiful bronze scroll. Presenta-
tion was made by Chaplain Donald
TlPPETT.
Joe Carr, president of the National
Football Ass'n., has just been elected
to membership. The roster is now
complete with 75 active members, and
there is no possibility of new members
being taken in unless openings are
made through transfers.
Barker John Olsen, of Olsen &
Johnson, was a recent visitor in Co-
lumbus, having placed his son and
daughter in Ohio State University.
Kansas City
Kansas City, Dec. 27. — Barkers
are now turning their attention to
the New Year's eve party Tent
No. 8 will put on at the Muehl-
bach. Ed Shanberg and Col. Harry
Taylor, barkers in charge, say ad-
vance reservations presage a capacity
attendance.
Shanberg has shaken the dust of
these parts and is basking 'neath
Florida skies, the guest of his
brother, M. B.
Frank H. Cassil, St. Joe ex-
hibitor, is the newest member wel-
comed into the tent.
Hal Roach, comedy producer, was
introduced to the clubrooms recently
by Chief Barker Frank Hensler.
H. M. Wilcox, vice-president of
Erpi, held a get-together with the
local Erpi crew at the club.
Pittsburgh
Pittsburgh, Dec. 27. — Members of
Tent No. 1 are elated by the fact
that they have raised about $3,500 for
their charitable undertakings by means
of three broadcasts over KDKA.
Monday was Kiddies' Day for mem-
bers' children and any poor children
any member might care to bring in.
Entertainment, prizes and food fea-
tured the party.
Sol Edwards of Educational has
been made an associate member.
The new chief barker, M. J. Cullen,
and other officers take over the reins
of the club from Chief Barker Harry
Kalmine of Warners on the 30th.
The officers to serve for 1935 begin-
ning Jan. 1 are : Chief Barker,
Cullen; assistant chief barkers, Art
Levy, and Frank Smith ; property
master, James G. Balmer; dough
guy, L. G. Beinhauer; canvasmen,
William Gardner, C. J. Latte, Joe
Blowitz, George Tyson and Al
Barnett; clowns to national conven-
tion, H. C. Lund, Drs. A. I. Wise
and M. R. Goldman and J. B. Clark.
Washington
Washington, Dec. 27. — Variety
Club will establish a precedent on Feb.
4. when Airs. Carter T. Barron, wife
of Loew's eastern division manager,
and Mrs. Gene Ford, wife of the
manager of Loew's Fox, will act as
"queens for a day."
A. E. Lichtman, chairman of the
Christmas fund of the tent, has issued
an urgent call for contributions, and
it is expected that the barkers will re-
spond generously.
The following have been appointed
to serve as kings for a day at the
forthcoming meetings :
Dec. 31 — Luncheon cancelled, be-
cause of holidays.
Jan. 7 — W. E. S. Wilcox and Gene
Ford.
Jan. 14 — Harry E. Lohmeyer and
Leonard Schloss.
Jan. 21 — Frank Scully and Pete
Macias.
Jan. 28 — Edward des Melcher and
William C. Ewing.
Feb. 4 — Mrs. Carter T. Barron
and Mrs. Gene Ford.
"Limehouse,"
Show Ruffle
Capital Calm
Washington, Dec. 27. — "Lime-
house Blues," and a stage bill headed
by Molasses and January were the
only attractions in town to do busi-
ness last week. The $18,700 gross at
the Earle was $1,100 over normal.
"The Painted Veil," playing a re-
turn engagement at Loew's Columbia,
went $500 over the line for a take
of $3,600, but every other first run
took it on the chin.
Total first run business was $53,-
300. Average is $71,200.
Estimated takings for the week end-
ing Dec. 20 :
"LIMEHOUSE BLUES" (Para.)
EARLE— (2,218), 25c-77c, 7 days. Stage:
Molasses and January, William Hall,
Three Queens, Balabanow Five. Gross:
$18,700. (Average. $17,600)
"THE PAINTED VEIL" (M-G-M)
LOEW'S COLUMBIA— (1,264), 25c-40c. 7
days (return engagement). Gross: $3,600.
(Average, S3.100)
"HELL IN THE HEAVENS" (Fox)
LOEW'S FOX— (3.434). 25c-66c, 7 days.
Stage: Estelle Taylor, Great Yacopis, Si
Wills & .loan Davis. Helen Compton &
Her Bryn Mawr Orchestra. Gross: $16,500.
(Average, $20,500)
"COLLEGE RHYTHM" (Para.)
LOEW'S PALACE— (Z370). 35c-77c. 7
davs, 2nd week. Gross: $5,600. (Average,
$14,500)
"MENACE" (Para.)
METROPOLITAN — (1,591), 25c-40c. 7
days. Gross: $3,700. (Average, $4,100)
"CHU CHIN CHOW" (Gaumont-British)
RKO- KEITH'S — (1,836), 25c-55c, 5 days.
Gross: $5,200. (Average, seven days.
$11,400)
Seattle Dull,
But "Streak
Pulls $5,100
Seattle, Dec. 27. — With all but two
houses shifting programs for Christ-
mas openings after five-day runs,
grosses were in a bad way last week.
"The Silver Streak" at the Orpheum
came nearest to par by taking $5,100.
"Kid Millions," in its second week
at the Music Hall, sliped to $4,100.
Total first run business was $27,250.
Average is $36,000.
Estimated takings for the week end-
ing Dec. 24:
"ANNE OF GREEN GABLES" (Radio)
BLUE MOUSE— (950), 25c-40c-55c, 5 days.
4th week, extended run from Music Hall.
Gross: $2,800. (Average, 7 days, $4,000.)
"FLIRTATION WALK" (F. N.)
FIFTH AVENUE— (2.500), 25c-40c-55c. 5
days. Gross: $4,900. (Average, 7 days, $7.-
000.)
"ONE NIGHT OF LOVE" (Col.)
LIBERTY— (1.800). 15c-25c-35c-50c, 5 davs.
Sth week. Gross: $3,100. (Average, 7 days,
$4,000.)
"IMITATION OF LIFE" (Univ.)
MUSIC BOX — (950), 25c-40c-55c, 5 days,
3rd week, extended run from Music Hall.
Gross: $2,450- (Average, 7 days, $3,500.)
"KID MILLIONS" (U. A)
MUSIC HALL— (2,275). 25c-40c-55c. 5
days, 2nd week. Gross: $4,100. (Average,
7 days, $6,500.)
"SILVER STREAK" (Radio)
ORPHEUM— (2.450), 25c-35c-50c, 7 days.
Vaudeville headed bv Kitty Doner. Gross:
$5,100. (Average, $5,500.)
"LIMEHOUSE BLUES" (Para.)
"BACHELOR OF ARTS" (Fox)
PARAMOUNT— (3,050), 25c-35c, 7 days.
Vaudeville headed by Mayer & Rav. Gross:
$4,800. (Average, $6,000.)
'Intelligent, serious
drama . . . gripping
entertainment ... to
be one of the sea-
son's most talked-
about productions!"
Motion Picture Herald '
"A dramatic offer-
ing of highest merit
...absorbing inten-
sity. ..suspense which
will grip any audi-
ence. . . this offering
hits the bullseye!
— Daily Variety
Fine and important
picture . . . Universal
deserves great cre-
dit... a picture that 6
months from now
will be far ahead of
the pack . . . give it
everything!'*
— Hollywood Reporter
Highly dramatic,
splendidly acted,
superbly directed...
in this finely written
story the acting
stands with brill-
iance!"
Showmen 's Round Table
CARL LAEMMLE PRESENTS
CLAUDE RAINS
("The Invisible Man")
JOAN BENNETT
in
THE MAN WHO
RECLAIMED
HIS HEAD
A UNIVERSAL PICTURE with
LIONEL AT WILL
BABY JANE • HENRY O'NEILL
Henry Armetta Lloyd Hughes
Bessie Barriscale Carol Coombe
Direct Ml by COWARD LUDWIQ tram tk. play by JEAN BART
Produced by CARL LAEMMLE. Jr.
"POWERFUL DRAMA . . .VIVIDLY HUMAN . . . SPLENDID CHARACTERIZATION
...PROMISES TO TAKE RANK OF SEASON'S MOST DISCUSSED PICTURES"!
— Motion Picture Daily
16
MOTION PICTURE
DAILY
Friday, December 28, 1934
Levy Basing
Optimism on
Recent Gains
By JULES LEVY
Vice-President, RKO Dist. Corp.
While I do not believe in the con-
ventional rose-colored view of the in-
dustry' s New
Year prospects
which is cus-
tomarily issued
at this time each
season, I do be-
lieve that today
we have a basis
of sound fact on
which we can
base an opti-
mistic view of
1935.
Reports
reaching me
from all over the
country indicate that Thanksgiving
Week grosses were far ahead of last
year's, showing that great box-office
virility exists and that the business is
there for us to get. I feel that there
is a marked improvement in the qual-
ity of pictures, both from a box-office
and an artistic point of view. Every
major company has really big pictures
to offer showmen.
Finally, it is my conviction that,
with the quality of pictures now at
their disposal, the issue is placed
squarely before the country's exhibi-
tors. By their efforts they can bring
increased prosperity to the industry in
the coming years.
Forest Work Shown
In 6 Federal Films
Washington, Dec. 27. — Completion
of six features was announced here to-
day by the Department of Agricul-
ture.
Dealing with the activities of the
department, the pictures, designed for
use by farm and other interested or-
ganizations, depict the work of the
Civilian Conservation Corps on ero-
sion control, show the beaver, elk and
porcupine "at home" and deal with
questions of forest protection and de-
velopment. Lectures on the subject
dealt with have been dubbed into
several of the pictures.
Charter RCA Mfg. Co.
Dover, Dec. 27. — RCA Manufactur-
ing Co., Inc., has been incorporated
here to deal in sound devices of all
kinds, listing a capital of $100,000.
The incorporators are Robert D.
O'Callaghan, New York City; Willis-
ton Hurt, Jackson Heights, and
Frank T. Zinn, Bronxville.
The new company is to take over
the activities of RCA Victor Co. and
RCA Radiotron Co. which have been
consolidated under the new firm name
and will begin operations Jan. 1. Of-
ficers of the two present corpora-
tions will be continued and the trade
marks of each will remain undis-
turbed.
E. T. Cunningham is president of
the new company and David Sarnoff
is chairman of the board.
Schaefer Decries Strife;
Hammons Hits Twin Bills
By E. W. HAMMONS
(.Continued from page 1)
actually been prohibited as yet in a
comparatively few locations. But any
illness has to be recognized first and
a visit made to the doctor for a diag-
nosis before treatment can be started
to effect a cure. The seriousness of
the double feature has finally im-
pressed itself on most people in the
business and I believe we can look
forward to further corrective steps be-
ing taken during 1935. Forward look-
ing leaders among exhibitors, with the
good of the whole industry at heart,
can and undoubtedly will whip into
line the few selfish ones who have
blocked progress along these lines.
Sees Short Subjects Menaced
Any further spread of the double bill
habit would almost certainly have
sounded the death knell of short sub-
jects. And I take it that very few
indeed will question the terrible effect
on the whole business of any such de-
velopment. For many years the short
subject has furnished the spice and
variety of entertainment, and much of
the educational and cultural value of
the screen. And, of course, every one
in the picture business knows the im-
portance of the short subject as a
training ground for the big feature
stars of tomorrow . . . the Charlie
Chaplins, Harold Lloyds, Gloria Swan-
sons, Shirley Temples, who but for
the short subject might never be dis-
covered or developed. One kind of
short subject alone is sufficient to
prove the case of the short subject as
a great educational asset and as a big
factor for the industry in meeting the
demands of millions for more whole-
some and more informative pictures.
The travelogue alone is more respon-
sible than any other thing for making
the young American boy of today bet-
ter informed on the character of other
lands and other peoples, and therefore
more tolerant, than was the most
widely travelled man of 50 years ago.
Calls Duals Cut Aid to All
All branches of the business, includ-
ing producer and exhibitor alike, stand
to gain by the curtailment of the
double feature practice. I believe that
this is finally acknowledged by a ma-
jority so big as to represent almost
the entire body of the industry. I feel
confident that the will of this vast
majority must and will prevail and
that restrictions on this evil habit will
be enforced on a much greater scale
during 1935. And so, with the general
recovery to build on, I look for a much
better year. Short subject producers,
encouraged by the changing attitude
toward double features, are already
spending more money on their pictures
and the pictures, better this season,
will be still better next year. Features,
with a great fall season to their credit,
will most certainly keep up the prog-
ress. Box-office grosses must show an
increase almost everywhere.
Everyone connected with motion pic-
tures has reason aplenty to look for-
ward to 1935 more cheerfully and more
hopefully than they have greeted any
new year since the depression began.
Akron Theatres Gaining
Akron, Dec. 27. — Theatres are show-
ing definite signs of an upswing here,
reflecting increased employment and
wages in the rubber factories.
By GEORGE J. SCHAEFER
(Continued from page 1)
persistent is this in our industry that
organized efforts are continually be-
ing made by a small minority to sway
public and legislative opinion to one
end only — that our industry as a whole
will eventually suffer.
It is also a well-known fact that
in the past the first run theatres in
the first 400 cities of the United States
paid 50 per cent of the gross film
rental income. This percentage is
rapidly decreasing and has now
dropped to 40 per cent. Unless this
condition is rectified one of two things
must happen : Either the small fellow
will have to absorb the difference, or
quality will suffer.
Cost of operation continues to go up.
The first run theatres which have a
burden of heavy carrying charges must
be permitted to charge a reasonable
admission price and not have the un-
fair competition of having the same
pictures shown immediately thereafter
at an unfair differential and admission
price. If that nractice continues the
entire structure will be undermined.
The small fellow will suffer in the
same proportion if quality is affected.
In fact, the first run theatres must
be kept in a healthy condition if the
subsequent run theatres and the the-
atres in the small towns are to exist
and if this industry is to prosper.
Reports Show
General Gain,
Asserts Sears
By GRADWELL L. SEARS
Western Sales M'g'r, Warners
While I can't claim to be a psychic,
I feel moved to prognosticate that
1935 will be
even more pros-
ijJSjgk perous for the
^w**WS.j]£ makers, distrib-
utors and ex-
lW hibitors of first-
class pictures.
This is a time
for hard work
and concentra-
tion on the part
of everybody in
this industry,
from the work-
ers in Holly-
wood at one end
of the line to
the salesmen in the field and the the-
atre men at the other. Things all
over the country are getting better.
We can and we will take advantage
of the improved conditions that are
opening up to us new possibilities of
achievement.
The entertainment business — and es-
pecially the motion picture business —
is a human necessity. The entire pub-
lic is our field, and with the public as
a whole in a position to pay more
conveniently for entertainment, the
answer is obvious.
I believe we are going to have a
Happy New Year.
Trend Better
In '35, Says
George Weeks
By GEORGE WEEKS
General Sales M'g'r, Gaumont
British
Material indications are that during
1935 the industry will definitely pro-
ceed further
along the road
towards recov-
ery — toward
box-office gross-
es substantially
in excess of
those of the past
year. National
improvement of
economic condi-
tions, coupled
with an increas-
ingly good grade
of product, both
foreign and do-
mestic, will assure this, in my opinion.
That business is better than a year
ago is a statement which, I believe, no
one will dispute. Reports show that
grosses are from 10 to 30 per cent
improved with some exceptions, of
course. With the entire country dis-
playing an improved morale, due to
new stability, general business condi-
tions are bound to further right them-
selves during the new year and this
improvement is certain to be reflected
at the box-offices of the nation.
As far as this industry's jurisdiction
goes, only one thing will give impetus
to bigger grosses. That is — good
audience entertainment.
Briefly, it's up to the studios, both
here and abroad, to turn out pictures
which possess those elements which
satisfy picturegoers. Good taste must
be exercised in the making of this
product. Public insistence that high
standards be adopted has evidenced
itself in recent reform moves. Apart
from this demand, the industry must
broaden the box-office appeal of its
attractions by using material which
satisfies the entire family.
Famous Canadian to
Give 5% Pay Raises
Toronto, Dec. 27. — Employes of
Famous Players Canadian receiving
$35 per week or less will have their
salaries raised five per cent, effective
Jan. 2. This restores their last five
per cent cut.
Theatre managers will receive four
per cent of any increase in gross
profits for the season, to be paid at
the annual convention here next
August.
Lincoln Sees Vaude Gain
Lincoln, Dec. 27. — It is believed
vaudeville will gain a second spot
here after the first of the year at the
Varsity, a Westland house. Present
stand is at the Orpheum, a J. H.
Cooper house. The two factions are
warring in four states. Cooper has
most of the good picture product in
this situation. When the move is made
both spots probably will run two full
weeks. Four days is the limit now.
Westland is trying to operate two
houses, one a split week spot, on the
output of Columbia and Gaumont Brit-
ish and a few independents.
FIRST FIVE HOURS
ON OPENING DAY
ADMISSIONS
as wind-swept, shivering
crowds storm doors of
RADIO CITY MUSIC HALL
RKO-RADIO PICTURE
LEO STOLE
THE SHOW!
h
"Gee whiz,
that Lion
always steals
my stuff!"
Ml*. si***
The Leading
Motior
Picture
Industry
MOTION PICTURE
DAILY
Alert,
Intelligent
the In
in All
Branches
?try
OL. 36. NO. 152
NEW YORK, SATURDAY, DECEMBER 29, 1934
TEN CENTS
V
Para. Hearing
Off for Study
Of Court Data
Creditors' Counsel Get
Delay to Jan. 10
After a second day of testimony in-
volving formal proof of statements
contained in the Paramount Publix
plan of reorganization, Federal Judge
Alfred C. Coxe yesterday adjourned
the hearing to Jan. 10 to provide
creditors' attorneys an opportunity to
examine a number of voluminous re-
ports filed with the court during the
day by the Paramount trustees.
The' reports filed include one on the
status of pending litigation begun by
the trustees ; one on the status of the
claims filed against Paramount and a
report on executory contracts of the
debtor, Paramount Publix. So perti-
nent to the reorganization proceedings
were they held to be by Archibald
(Continued on page 4)
Majority Served in
Para. Trustee Suit
More than half of the defendants
named in suits being brought by the
Paramount Publix trustees for ac-
countings in connection with opera-
tions of the Paramount employes'
stock purchase plan of 1929 to 1932
have been served and will be re-
quired to file answers within the next
few weeks, it was learned yesterday.
Among defendants who have been
served are Jules E. Brulatour, Harold
(Continued on page 4)
Tri-Ergon Wants to
Widen Para, Claim
A motion by American Tri-Ergon
for leave to amend its claim against
Paramount Publix for alleged in-
fringement of the flywheel patent also
will be heard by Federal Judge Alfred
C. Coxe, Jan. 4. The claim involving
the double print patent is for an in-
determinate amount, as will be the
flywheel patent claim in the event the
amendment is allowed.
Omaha Men Protest
Newspaper's Shows
I Omaha, Dec. 28. — A committee
representing local exhibitors plans to
" call upon Henry' Doorly, publisher of
the Omaha World-Herald, in protest
(Continued on page 2)
Be assured of dependable delivery and ship
via National Film Carriers, Inc. — Adv.
Lewen Pizor
Again Heads
Penn. MPTO
Members Pledge Support
Of Indie Production
Philadelphia, Dec. 28. — Lewen
Pizor was re-elected today as presi-
dent of the M.P.T.O. of Eastern
Pennsylvania, Southern Jersey and
Delaware after an absence of one year
from office, succeeding Charles Segall.
Ben Fertel was elected financial sec-
retary and George P. Aarons and
Mike Lessy were re-elected as secre-
tary and treasurer. Vice-presidents
are Mike Egnal, Harold D. Cohen and
Joe Conway, and board members are
Segall, Ed Jeffries, Abe Sablosky,
Leonard Schlessinger, Luke Gring,
Morris Gerson, Fred Leopold, Morris
Handle, Mort Lewis, I. Hoffman, Lew
Felt. Xorman Lewis, Forman Corbett,
Arthur Smith, Joseph Schwartz,
George Gravenstine, George Kline and
Ben Amsterdam.
One of the developments of the
meeting was a pledge to support inde-
pendent production by having each
member agree to purchase independent
(Continued on page 2)
Webb in 1st Div.
To "Give Advice"
Stuart Webb said last night that
he had become chairman of the First
Division board because a number of
men interested in the company felt
that his advice would be useful.
"There's nothing mysterious or se-
cret about it," he said. "I had some-
thing to do with bringing Time and
First Division together for distribu-
tion of the March of Time news-ma-
gazine reel, and First Division has
(Continued on page 2)
Columbia Asks for
Stock Registration
Washington, Dec. 28. — Application
for registration under the Securities
Exchange Act of 1934 of two Colum-
bia issues was announced today by
the Securities and Exchange Commis-
sion.
One of the applications is by Col-
umbia Pictures, Harry Cohn, et al,
as voting trustees, for registration on
the New York Stock Exchange of
voting trust certificates for 5,023
shares of no-par common stock. The
other is by Columbia Pictures for
registration on the New York Curb
Exchange of 4,340 shares of no-par
common stock.
Claim New Record
"Little Minister" estab-
lished a new opening day
record at the Music Hall
Thursday, with 23,495 admis-
sions and a gross of more
than $14,000 for the day,
RKO Radio reported yester-
day. The attendance bettered
the old record, held by
"Little Women," by more than
1,000 admissions, it was said.
Portland, Dec. 28.— Despite
heavy rain, the Orpheum to-
day opened with "Little
Minister" grossing $2,000.
Long lines of standees
waited in the rain all day.
Theatres in
Europe Dull,
States Lange
Theatre conditions in all countries
on the Continent are generally bad
and only outstanding pictures, few
and far between, make money, Fred
W. Lange, general manager on the
Continent for Paramount, stated yes-
terday. Conditions in these countries
have gone back to the days we had
in the United States several years
ago, he said. Since last April there
has not been one outstanding Ameri-
can picture on the Continent, the only
pictures drawing above average hav-
ing been two native produced attrac-
tions, Lange stated.
In Germany theatre business is bet-
ter than in any other country on the
Continent, the Paramount foreign ex-
ecutive declared. Because of the few
American pictures shown in this coun-
try, the results have been good for the
few shown. In Sweden local-made
films are doing very well and there
have been some that have been shown
(Continued on page 4)
Bars Missouri Tax
On Interstate Ads
Kansas City, Dec. 28. — Advertis-
ing placed in Missouri newspapers
and publications by agencies and ad-
vertisers outside the state is not sub-
ject to the state sales tax of one-
half of one per cent, Judge Brown
Harris in Circuit Court here has
ruled.
The decree was in a suit brought
by Kansas City newspapers to test
a ruling of the state auditor. The
tax on advertising placed by ac-
counts in Missouri is absorbed by the
papers in most instances.
Campi to Rule
On Selective
Contract Row
Unfair Buying Method,
Appeals Group Told
Selective contracts, because of the
power given to purchasers, are unfair
and exchanges do not want to sell
them, but are forced to do so in some
instances, Louis Nizer, attorney for
Morris Kutinsky of the Community,
Queens Village, L. I., stated yester-
day before a Campi appeal committee
comprising W. C. Michel, Max Levin-
son and A. J. Mertz.
N izer appeared for Kutinsky in an
overbuying case against A. H.
Schwartz's Queens, same village. A
decision in favor of Kutinsky was
handed down by the New York griev-
ance board, but was appealed by
Schwartz. Mitchell Klupt acted for
the Queens.
In his opening statement, Nizer
stated "there is nothing wrong with
selective contracts, but when Schwartz
buys this way with every company he
is using this method as a device to
choke off Kutinsky. The way Cen-
tury circuit has bought, it is impos-
sible for the Community to get pic-
tures," Nizer said, adding that "Par-
amount wanted to sell Kutinsky a split
(Continued on page 4)
Four Features Set
For Day's Program
Residents of Queens Village are in
for a treat Monday. Four top line
features are scheduled on one pro-
gram at the Queens, A. H. Schwartz
unit. The show is broken up into
two parts. Starting at 2 o'clock will
be "The White Parade" and "The
Last Gentleman." At 6 o'clock "The
(Continued on page 4)
Operator Scales Up
For Further Talks
Another meeting of the NRA fact
finding committee to discuss further
the basic wage scale for local opera-
tors is slated for today at Campi.
With Compliance Director Sol A. Ro-
(Continued on page 4)
No Paper Tuesday
Motion Picture Daily will
not publish New Year's Day,
Tuesday.
MOTION PICTURE
DAILY
Saturday, December 29, 1934
MOTION PICTURE
DAILY
(Registered U. S. Patent Office)
Vol. 36
December 29. 1934 No. 152
Martin Quigley
Editor-in-Chief and Publisher
MAURICE KANN
Editor
JAMES A. CRON
Advertising Manager
Published daily except Sunday and holi-
days by Motion Picture Daily, Inc., sub-
sidiary of Quigley Publications, Inc.,
Martin Quigley, President; Colvin Brown,
Vice-President and Treasurer.
Publication Office: 1790 Broadway, New
York. Telephone Circle 7-3100. Cable ad-
dress "Quigpubco, New York." All con-
tents copyrighted 1934 by Motion Picture
Daily, Inc. Address all correspondence to
the New York Office. Other Quigley pub-
lications: MOTION PICTURE HERALD,
BETTER THEATRES, THE MOTION
PICTURE ALMANAC and THE CHI-
CAGOAN.
Hollywood Bureau: Postal Union Lite
Building, Vine and Yucca Streets, Victor
M. Shapiro, Manager; Chicago Bureau: 407
South Dearborn Street, Edwin S. Clif-
ford, Manager; London Bureau: Remo
House, 310 Regent St., London, W. 1.
Bruce Allan, Representative. Cable address:
"Quigpubco, London"; Berlin Bureau:
Berlin - Tempelhof , Kaiserin - Augustastrasse
28, Joachim K. Rutenberg, Representative;
Paris Bureau: 19, Rue de la Cour-des-
Noues, Pierre Autre, Representative; Rome
Bureau: Viale Gorizia, Vittorio Malpassuti,
Representative; Sydney Bureau: 102 Sus-
sex Street, Cliff Holt, Representative; Mex-
ico City Bureau: Apartado 269, James
Lockhart, Representative; Glasgow Bureau:
86 Dundrennan Road, G. Holmes, Repre-
sentative; Budapest Bureau: 3, Kaplar-u,
Budapest, II, Endre Hevesi, Representa-
tive; Moscow Bureau: Civtzev Vrazhek,
N. 25, Apart. 146, Moscow, U„ S. S. R.,
Bella Kashin, Representative. Cable ad-
dress: "Samrod, Moscow."
Entered as second class matter, January
4, 1926, at the Post Office at New York
City, N. Y., under Act of March 3, 1879.
Subscription rates per year: $6 in the
Americas, except Canada $15 and foreign
$12. Single copies: 10 cents.
Omaha Men Protest
Newspaper's Shows
(Continued from page 1)
against the newspaper's invasion of
the amusement field. Last month the
publication sponsored a local engage-
ment of the San Carlos Opera, which
in four days played to an attendance
of 15,000. The newspaper is now un-
derstood booking in other attractions.
Everet R. Cummins, district man-
ager for A. H. Blank, called exhibi-
tors to a protest meeting yesterday.
Defer AFA Vaude Plan
Development by the American Fed-
eration of Actors of plans for estab-
lishment of traveling vaudeville units to
play cities where no vaudeville is of-
fered currently has been delayed by
the illness of Ralph Whitehead, A. F.
A. executive secretary, but may be
concluded early next week, it was
stated at A. F. A headquarters yes-
terday. The move is being discussed
as a means of reviving interest in
vaudeville in localities from which it
has been withdrawn by theatre opera-
tors, according to A. F. A.
Mirisch Father of Girl
Milwaukee, Dec. 28. — Harold J.
Mirisch, Warner district manager of
the Wisconsin zone, is the father of a
daughter born Christmas day. The
new arrival weighed seven and a half
pounds and both she and her mother
are reported doing well.
Lewen Pizor Again
Heads Penn. MPTO
(Continued from page 1)
films several days each year. A com-
mittee to secure the pledges is headed
by Lessy.
Another committee was appointed to
confer with the I.E.P.A. on the pos-
sibility of a merger. All previous
moves along this line have failed. The
committee includes Jim Clark, Gring,
Handle, Martin Ellis and Joe Conway.
Segall reported an agreement with
Operators' Local 307 through Lew
Krause whereby service charges will
be cut.
The grievance committee on rentals
was retained. It was decided to ask
Ed Kuykendall for clarification of the
cancellation clause and an increase of
the cancellation privilege from 10 to
20 per cent.
Lowell Sherman, 46,
Dead of Pneumonia
Hollywood, Dec. 28. — -Lowell Sher-
man, 46, died of a lung congestion to-
day at Cedars of Lebanon Hospital,
to which he had been taken three days
ago suffering from pneumonia. His
mother survives. He had half finished
directing "Becky Sharp" for Pioneer
when stricken.
Webb in 1st Div.
To "Give Advice"
Vincent Lynch Passes
Chicago, Dec. 28. — Vincent Lynch,
well known theatre owner and opera-
tor of the Tiffin, Alamo and York,
passed away this week following a
lingering illness. Lynch had been
at a sanitarium for some time.
Fox Moves in Boston
Boston, Dec. 28. — Fox's new ex-
change building here was formally
opened today. Tom Baily was pres-
ent along with Edward Callahan and
John Scully, local managers for Fox
and Gaumont British respectively.
Sells Talmadge Series
Ajax Pictures Corp. has sold the
Dick Talmadge series of six to be
released in 1935 to Times Pictures
Corp. for greater New York distribu-
tion.
(Continued from page 1)
for some time been handling product
in which Pathe is interested.
"Harry Thomas continues as head
of the company and can take my ad-
vice or leave it as he sees fit."
In the trade it has been known that
Webb was a factor in bringing the
Time project to First Division. For
some time Pathe had had more or less
close relations with First Division on
film printing contracts and attendant
affairs.
The Time connection was an ob-
vious consequence of a series of ne-
gotiations which found most of the
major distributors with existing news-
reel commitments, either involving
their own reels or in playing time
trades with contemporaries in circuit
theatres. Time to get "in" had to
buy an independent avenue.
It was about this time that Nicho-
las S. Ludington and William M. L.
Fiske, III, acquired an interest in the
company.
Webb's assumption of the chairman-
ship follows closely the appointment
of Amos Hiatt, since 1931 assistant
secretary and treasurer of Pathe
News, subsidiary of RKO, as vice-
president of First Division.
Ellman Near a Deal
With First Division
Chicago, Dec. 28. — Negotiations
whereby Henri Ellman will represent
First Division in this territory are
expected to be closed next week when
contracts are slated to be signed.
Ellman has returned from New
York where he attended the first con-
vention of First Division at the Park
Central. Harry H. Thomas, presi-
dent, was here recently looking over
exchange quarters.
Monday Office Closings
The Columbia, First Division, Par-
amount and Warner home offices will
be closed Monday and indications are
that others will follow suit. Radio
will dismiss its employes early. The
.Hays office will remain open all day.
Eastman Leads Rise on Big Board
{Quotations at the close of Dec. 28)
Net
High Low Close Change
Columbia Pictures, vtc 38 375i 38 +1%
Consolidated Film Industries 6 5% 5% + %
Consolidated Film Industries, pfd 20% 19% 20 + %
Eastman Kodak 11154 11054 111^4 +1%
Fox Film "A" 1354 13*6 1354 + 54
Loew's, Inc 35 33% 35 +1%
Loew's, Inc., pfd 104^ 104% 1045-6 + %
Paramount Publix 3% 3% 3% + %
Pathe Exchange 1% 1% 1%
Pathe Exchange "A" 15 13% 15 +154
RKO 2'A 2% 2%
Warner Bros 4% 4% 4% -4- %
Warner Bros., pfd 21 21 21 +(54
Curb Issues Show Slight Gains
Net
High Low Close Change
Technicolor 13 12% 13 + %
Trans Lux 254 2% 2% + %
Keith Bonds Climb One Point
Net
High Low Close Change
General Theatre Equipment 6s '40 8% 8% 8% + %
General Theatre Equipment 6s '40, ctf 8% 8!4 8% + %
Keith B. F. 6s '46 73 7154 73 +1
Loew's 6s '41, ww deb rights 105% 104% 10554 — %
Paramount Broadway 554s '51 45% 45% 45% — %
Paramount F. L. 6s '47 61% 60% 61% +1%
Paramount Publix 5!4s '50 62 60% 61% +2%
Pathe 7s '37, ww 100% 100% 100% + %
Warner Bros. 6s '39. wd 58% 57% 5854 + %
Sal.
300
700
1,600
1,400
200
3.000
100
3,300
900
3,000
2.600
2,800
8,000
Sales
1,000
600
Sales
1
7
9
14
5
18
46
1
15
< Purely
Personal ►
JACQUES KOERPEL of Eureka
«J Prod, has sold Mexican rights to
"Forgotten Men" to Dr. Hetor de
Maxjarrez, with Hungarian distribu-
tion acquired by William Mezai & Co.
of Budapest. "Jungle Killer" has been
sold to Company Pelliculas Uruguay-
an for distribution in Uruguay and
Paraguay.
Gerald Brooks and Dr. Julius
Klein, members of the new board of
Paramount, and Frank A. Vander-
lip, head of the principal Paramount
bondholders' committee, were inter-
ested galleryites at the hearing on the
reorganization plan in Judge Alfred
C. Coxe's courtroom yesterday.
Arthur Loew, David Loew, E. B.
Hatrick, Felix Feist, Martin
Quigley, Monroe Greenthal, Jack
Alicoate, Sam Berger, Charles
Moskowitz, Joe Vogel, Louis Nizer,
Phil Reisman and Sam Dembow
all lunched at the M. P. Club yester-
day.
William Fait, who recently closed
a deal to distribute Monogram prod-
uct in Brazil, sails on the American
Legion for Rio de Janeiro on Jan. 5
with prints of the first six productions
contracted for.
Benjamin MiggiNs, European di-
rector of Fox Movietone News, and
Jacques Charles, producer in
France of "Folies Bergere," depart
today aboard the lie de France.
John Reinhardt gets in from the
coast tomorrow to direct "The Day
That She Loved Me," Spanish-lan-
guage film being made by Exito Corp.
for Paramount release.
Joe Lee sails on a Mediterranean
cruise Feb. 11. He will undergo an-
other throat operation before he takes
the trip.
William Shapiro is back in town.
Lee Ochs is on a diet.
Flash Preview
Life Begins — Produced with mon-
tage effects and startling camera
angles, the film moves from a mild
start to a breath-taking finish, reveal-
ing an amazing discovery so powerful
and truthful that this high point
transcends all else.
This film will be reviewed in full in a
later issue of Motion Picture Daily.
S. R. Kent Delays Trip
S. R. Kent, Fox president, slated
to leave for the coast today, has put
the trip off until the early part of
next week. Dan Michalove, who had
planned to accompany Kent, has
changed his plans and may go later.
Carr Starts East Jan. 2
Hollywood, Dec. 28. — Trem Carr
will start east Wednesday to confer
on Monogram's films for next season,
which he now believes will total 52,
with only six left on the current
schedule.
Pick Frolic Directors
Louis K. Sidney, Loew executive
and production chief at the Capitol,
will supervise the next Friars' Frolic,
which will be held at the Majestic
Feb. 24. Fred Block is manager of
the entertainment.
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4
MOTION PICTURt
DAILY
Saturday, December 29, 1934
Para. Hearing Off
For Study of Data
(Continued from page 1)
Palmer, counsel for undisclosed in-
terests, and Nathan Burkan, counsel
for the merchandise creditors' com-
mittee, that these two requested an
adjournment of 30 days to examine the
reports. Samuel Zirn, counsel for a
small group of Paramount bondhold-
ers, who, with Palmer, has furnished
the only opposition to the plan to
date, advocated a two weeks' adjourn-
ment, while committees favorable to the
plan sought one week.
Walter B. Cokell, Paramount treas-
urer, the the only witness called yes-
terday. He identified and explained
numerous items contained in the bal-
ance sheets appended to the reorgani-
zation plan. He was cross-examined
at great length by Palmer, who at-
tempted to show that Paramount's
cash position on reorganization would
be such that the proposed assessment
on stockholders would be unnecessary.
The $2 stock assessment is calculated
to raise $6,500,000. Cokell stated that
he believed it was necessary because
of the plan's provisions for a $5,100,-
000 cash payment to the creditor bank
group, to meet the expenses of reor-
ganization and to provide operating
revenue, since new bank credits would
not be immediately available to Para-
mount. The company has approxi-
mately $17,000,000 cash on hand.
Hits Lack of Warranties
Palmer criticized the lack of war-
ranties by the trustees or the reorgani-
zation committees for the financial
statements contained in the plan and
sought to show that without them the
statements were no more than unoffi-
cial estimates. Some of the statements
concerning assets, Cokell admitted in
reply to questioning, were estimates
based on probable receipts from com-
panies such as Saenger and Olympia,
as a result of their impending reor-
ganization.
Palmer asked authorization to call
the trustees, Charles D. Hilles,
Eugene W. Leake and Charles E.
Richardson; Percy Johnston of the
creditor bank group ; Duncan Harris
of the bondholders' committee ; Robert
Goelet or Robert Dowling of the
Paramount Broadway bond committee,
and Duncan Holmes of the stockhold-
ers' committee, for questioning as to
why they believed the plan to be a
good one for the company. Judge
Coxe denied the application, stating
that "argument would show whether
or not the plan was a good one" and
that "it didn't make any difference
whether bankers, lawyers or trustees
were on the stand."
Palmer also advocated divorcing of
the Paramount Broadway reorganiza-
tion plan from the Paramount Publix
plan, of which it is a part. Monroe
Goldwater, counsel for trustees of Al-
lied Owners, one of the largest Para-
mount creditors, stated that his
interests were "particularly interested"
in the Broadway plan, but added that
they were making no objections to it
now. Malcolm Sumner, counsel for
Broadway bondholders, stated that he
believed the Paramount reorganization
would be speeded if carried on sepa-
rately from that of Paramount Broad-
way, but was agreeable to leaving the
decision on a separation up to the
court. Zirn favored the Broadway
plan as it stands and as a part of the
Paramount plan, he said, adding that
his principal objections to the latter
were centered on the amount of the
cash payment which the plan provides
shall be made to the bank group.
Burkan reminded that his committee
has not yet approved of the Para-
mount plan, indicating the possibility
of objecting later to some of its
phases.
Majority Served in
Para. Trustee Suit
(Continued from page 1)
B. Franklin, Sir William Wiseman,
Adolph Zukor, Sidney R. Kent and
Eugene Zukor. Associates of Kuhn,
Loeb & Co., in addition to Wiseman,
are also being served in connection
with the actions which ask for ac-
countings of actual or potential profits
in connection with the stock purchase
plan and any resultant loss which may
have been incurred by Paramount as
a result of it.
Separate actions for recovery of sal-
aries or bonuses in excess of a reason-
able amount are also being pressed by
counsel for the trustees against Zukor,
Jesse L. Lasky, Sam Katz, Ralph Kohn
and Kent. A trustees' report on the
status of all pending litigation insti-
tuted by them was filed with Federal
Judge Alfred C. Coxe yesterday in
connection with hearings on a plan
of reorganization for the company.
The name of Maurice Newton of
Hallgarten & Co., a former Para-
mount director, has been eliminated
from the list of defendants in the
contemplated stock actions after hav-
ing been included earlier through an
error on the part of the trustees'
counsel, Root, Clark, Buckner & Bal-
lantine.
Para. May Do Three
Pictures in Sweden
Paramount is considering produc-
tion of two to three pictures in
Sweden, in addition to eight planned
at the Joinville Studios in Paris.
The Swedish films are planned for
this season's schedule with a native
producer making them for the
company.
Whether Paramount will engage an
outside producer for the French series
has not yet been decided, but in any
event they will be made at the Join-
ville plant under supervision of Ike
Blumenthal, in charge of the studio.
The company does all its French
"dubbing" at the Paris studio and
actual production by the company has
been at a standstill for the last few
years. "Dubbing" of German, Spanish
and Italian versions is done in those
countries by outside companies.
Para. Trustees to
Request Rehearing
An application for a rehearing of
the Paramount Publix trustees' peti-
tion for allowances is expected to be
filed with Federal Judge Alfred C.
Coxe within the next two weeks, it
was learned yesterday.
The trustees, Charles D. Hilles,
Eugene W. Leake and Charles E.
Richardson, the latter since resigned,
filed applications for allowances of
$100,000 each, which were reduced to
$32,500 by Judge Coxe on the grounds
that the new bankruptcy law fixes
trustees' fees on the basis of a per-
centage of moneys expended by them
in administering a bankrupt estate.
European Theatres
Dull, Says Lange
(Continued from page I)
as long as 16 weeks in one theatre.
Scandinavia generally is not badly
off. Theatres in France, Italy and
Spain are not doing well, he said.
Believing that political uncertain-
ties are straightening themselves out,
Lange sees a turn for the better dur-
ing the 1935-36 season. He said all
companies plan to distribute more pic-
tures than ever before. Paramount
releases a maximum of 45 on the
Continent. In some countries this
number is less because of difficulty
in "dubbing." About 30 films will be
released in Italy, 28 in France and
45 in Scandinavia.
Censorship problems also enter into
the Continental situation and in some
countries the censors have such weird
angles for condemning pictures that
it works a hardship on the distributor.
"The foreign market, however, is
getting more important every day,"
Lange declared.
Here with his daughter for home
office conferences and a vacation,
Lange plans to sail for home on Jan.
12.
Four Features Set
For Day's Program
(Continued from page 1)
Gay Divorcee" and "Captain Hates
the Sea" go on.
While this is unusual for the Queens
Morris Kutinsky can't get a single
feature for the Community, a block
away, Louis Nizer, attorney for Ku-
tinsky, stated yesterday at a code ap-
peal hearing on overbuying charges
against Schwartz. Shorts and news-
reels are also included.
Operator Scales Up
For Further Talks
(Continued from page 1)
senblatt aboard the Empress of Brit-
ain on a West Indies cruise, it is be-
lieved Deputy Administrator William
P. Farnsworth will attend.
It is understood that many of the
details of the temporary agreement^
reached earlier in the week have to"
be worked out and that exhibitors
and the I. A. T. S. E. are far from
an accord on the final scale.
Rosenblatt returns Jan. 7.
G. B. Men Hear Rosy
Reports at Chicago
Chicago, Dec. 28. — Encouraged by
word from Aaron Jones of Jones,
Linick & Schaefer on business done
on "Chu Chin Chow" during its two
weeks at the McVickers and the fur-
ther word from Jones that "Power"
opened strong, middle west sales rep-
resentatives of Gaumont British Pic-
tures held an enthusiastic sales meet-
ing at the Blackstone hotel.
Arthur A. Lee declared that the en-
couraging reports from Jones con-
stituted a better message than any he
might venture and aside from his
predictions on the outlook for 1935
already given Motion Picture Daily,
he would say only that he felt G. B.
had a fine sales organization.
In addition to Lee, George Weeks
and L. J. Schlaif er are here from New
York. Schlaifer will proceed to At-
lanta for the next sales conference.
Campi to Rule on
Selective Contracts
(Continued from page 1)
of this season's pictures, but Schwartz
wanted all."
Nizer then declared that if
Schwartz exercises the power of his
selective agreement with Paramount,
Kutinsky will be held up a year be-
fore he can get a release. Nizer said
a slow and deliberate selection will
close the Community. He also held
that exchanges lose money on this
tyne of contract and in this instance
"they are in the clutches of Century
circuit's buying power." It was
pointed out later that out of the 25
houses Schwartz buys for only seven
have selective compacts.
Klupt, in rebuttal, held that in most
of the contracts titles, stars and stor-
ies are not mentioned. In others no
production numbers are listed to guide
the exhibitor. He stated that under
selective deals, Century can look at
the picture to see if it wants it or
not, otherwise the circuit could not
know where it was at. He admitted
that the circuit pays for the privilege
of selection, but this does not prevent
distributors from selling the differ-
ence between the selected number and
total pictures released.
Century's Product Revealed
According to figures introduced,
Century has a selection of 42 of 51
from M-G-M, 44 of 64 from Para-
mount, 44 of 60 from Warners-First
National, 40 of 56 from Fox, 20 of
42 from Universal, and 18 of 49 from
Columbia, a group of 208 out of a
total of 322 to be released. In addi-
tion, one U. A. film has been pur-
chased.
The lower board held that all over
250 films should be released to Ku-
tinsky forthwith. Klupt insisted that
Century was obligated to play only
209 pictures and therefore was not
overbought. Nizer then stated that in
addition to the 63 leftovers from last
season, Century had around 275.
Levinson pointed out that if
Schwartz wanted to exercise his rights
under the Paramount contract he
could take the first 44 releases that
came along, which would not make
a single film available to Kutinsky
until the last one was dated.
Nizer declared that last year the
plaintiff had 193 films while Schwartz
had only 176, of which five were on
a selective basis.
Campi Again Passes
Up Clearance Issue
Convinced the present method of
handling clearance and zoning prob-
lems by individual protest does not
necessitate immediate action on sched-
ules, Campi Thursday tabled the sub-
ject until the next meeting, devoting
practically all day to internal prob-
lems, amendments to the code and
decisions on numerous appeals.
Roy Hunter in New Post
Hollywood, Dec. 28. — Roy Hunt-
er, head of Universal's laborator\%
scheduled to close on Jan. 1 under
the recent deal calling for Consoli-
dated to do all of- the company's proc-
essing, goes to Consolidated's Santa
Monica Boulevard plant as superin-
tendent. Coincidentally Darryl Za-
nuck is transferring his print work
to the M-G-M laboratories and Wal-
ter Wanger to the Paramount plant.
The Leading
Motio
Picture
Industry
MOTION PICTURE
DAILY
Alert,
Intelligent
the I
in All
Branches
VOL. 36. NO. 153
NEW YORK, MONDAY, DECEMBER 31, 1934
TEN CENTS
Saenger Loses
122 Theatres
To 4 Circuits
Paramount s Splitup in
South Is Detailed
Four Paramount theatre subsidiaries
in the south and southwest have their
operations increased by 122 theatres
which are withdrawn from the Saen-
ger circuit under the decentralization
program carried out in the Saenger
plan of reorganization, it was learned
Saturday.
The Wilby-Kincey circuit has as-
si""pd to it 42 houses in North Caro-
lina and Virginia which were formerly
a part of the Saenger interests ; Jeffer-
son Amusement Co., operated by Sol
Gordon and Joseph Clemmons of
Beaumont, Tex., receives 45 former
Saenger theatres in Texas ; Central
Florida Theatres, operated by E. J.
Sparks, receives 23 theatres, and
Publix-Saenger-Sparks Corp., also
(Continued on page 2)
Hope for NewFWC
Setup Next Month
Progress on absorption of other
Wesco subsidiaries is expected now
that the Federal Court in Los Ange-
les has approved sale of assets to
National Theatres Corp. Unless an
appeal by Marshall Square Theatres
of San Francisco and Harry L. Hart-
man of San Diego from approval of
the sale order by U. S. District Judge
George Cosgrove holds up reorgani-
zation plans of the circuit, the Fox
West Coast group will be operating
under the new setup by the end of
(Continued on page 2)
Yamins Slated for
Allied Reelection
Nathan Yamins is slated to be re-
elected president of the Independent
Exhibitors of Mass. at the annual
meeting of the unit on Jan. 8 at the
Statler in Boston.
Members of the organization are in
favor of continuing Yamins in his post
and highly compliment his work in
connection with the code. More than
100 are expected to be on hand for the
one-day meet.
Free Shows Stopped
In Boston Theatres
Free shows in Boston are virtually
at an end, Max Levinson, alternate
for Nathan Yamins on Campi, stated
Saturday prior to his departure for
(Continued on page 6)
Mexican Law Places Industry
Under Exclusive Federal Rule
Mexico City, Dec. 30. — All phases of the film industry will be
placed under Federal supervision under the terms of a bill just
passed by Congress.
The sponsor of the measure contends this will be a benefit to
the industry, as Federal jurisdiction will assure uniformity of
regulations, taxes, etc., throughout the country. At present, there
are innumerable Federal, state and municipal regulations.
KMTA Closely
Watching Two
Legislatures
Kansas City, Dec. 30. — Legislative
representatives of the Kansas-Missouri
Theatre Ass'n are keeping a vigilant
eye on the capitals of the two states
with a view to protecting the industry
against adverse legislation when the
general assemblies swing into action.
The Missouri legislature convenes
Jan. 2 and the Kansas body Jan. 8.
John C. Stapel, K.M.T.A. president
and prominent in state Democratic
(Continued on page 6)
Mexico Is Hit
By the Start
Of Free Show
By JAMES LOCKHART
Mexico City, Dec. 30. — Free show
problems have hit this city. A sav-
ings bank has leased the Cine Prin-
cipal, recently converted for film use,
and is running a series of free Sunday
morning shows. Holders of pass books
get in without payment.
The programs are made up of sec-
ond run American features and six
shorts. The stunt is clicking with the
(Continued on page 6)
Business Revival Forecast;
One Exhibitor Body Urged
By EMMETT THURMON
Sec'y, Counsel, Rocky Mountain
Theatre Owners Ass'n
Denver, Dec. 30. — The participants,
as a whole, in the theatre industry
are to be con-
gratulated upon
the wonderful
stride that has
been made with-
in the last year.
There have been
produced and
exhibited more
Jt*. ~~ " ' and better pic-
^HBb *»' tures that ap-
Bk i BHBj peal to the gen-
eral public than
Hk^* have ever been
Hk jm I produced in any
one year. The
production of
cleaner family pictures has been the
trend. It seems to have been recog-
nized that it is essential, for the fu-
(Continued on page 6)
By M. E. COMERFORD
Circuit Operator
Scranton, Pa., Dec. 30. — In the
very nature of things, some difficulty
attaches to any-
thing that may
suggest even a
good guess. We
are very defi-
nitely affected
by what is left
of the general
depression.
As our rev-
enue comes
from the ability
of the people to
spend after they
have supplied
their more
pressing neces-
sities, any degree of exhaustion of the
public purse is felt in a definite way by
the theatres.
(Continued on page 6)
Clayton P. Sheehan, John W. Hicks, Jr., Arthur W. Kelly, Joseph
H. Seidelman and Charles R. Rogers talk about 1935 on page 8.
Propose 75^
As Hourly Low
In Booth Wage
30-Hour Week Part of
Plan for N. Y.
By CLARENCE LINZ
Washington, Dec. 30. — A mini-
mum booth cost of 75 cents an hour
for theatres seating from 400 to 600
where admissions are 25 cents or less
is a major proposal in the tentative
agreement designed to bring solution
to the troublesome operator situation
in the New York area.
This and other scales were made
public Saturday by Deputy Adminis-
trator William P. Farnsworth and will
be discussed at a public hearing, origi-
nally set for Jan. 10, but now set back
one additional day because of the
Campi meeting in New York on the
first named date.
The rate increases 25 cents an hour
with each increase of 200 seats until
a rate of $5 an hour is provided in
houses of 3,800 to 4,000 capacity. The
scale is 10 cents an hour higher than
the base for houses with 30 cents ad-
missions, 15 cents higher for theatres
charging 35 cents and 25 cents higher
for houses charging 40 cents or more.
(Continued on page 3)
No Code Breach Is
Found at Hamilton
Washington, Dec. 30.— Decision
that no violation of the code was in-
volved in the acquisition by the Glove
City Amusement Co. of the Hamilton,
Hamilton, N. Y., operated for a num-
ber of years by W. C. Smalley, was
yesterday rendered by the National
Compliance Council.
The case, brought under the "inter-
ference with lease" provisions of the
code, reached Washington after the
(Continued on page 3)
Report British Busy
On Stereoscope Film
Experiments being carried out by
Gaumont British and Imperial Chem-
ical Industries may result in the show-
ing of stereoscopic films within two
years, according to Joan Littlefield,
(Continued on page 61
No Paper Tomorrow
Motion Picture Daily will
not publish tomorrow, which
is New Year's Day.
MOTION PICTURE
DAILY
Monday, December 31, 1934
MOTION PICTURE
DAILY
(Registered U. S. Patent Office)
Vol. 36
December 31, 1934 No. 153
Martin Quigley
Editor-in-Chief and Publisher
MAURICE KANN
Editor
JAMES A. CRON
Advertising Manager
er
Published daily except Sunday and holi-
days by Motion Picture Daily, Inc., sub-
sidiary of Quigley Publications, Inc.,
Martin Quigley, President: Colvin Brown,
Vice-President and Treasurer.
Publication Office: 1790 Broadway, New
York. Telephone Circle 7-3100. Cable ad-
dress "Quigpubco, New York." All con-
tents copyrighted 1934 by Motion Picture
Daily, Inc. Address all correspondence to
the New York Office. Other Quigley pub-
lications: Motion Picture Herald, Better
Theatres, The Motion Picture Almanac
and The Chicagoan.
Hollywood Bureau: Postal Union Life
Building, Vine and Yucca Streets, Victor
M. Shapiro, Manager; Chicago Bureau: 407
South Dearborn Street, Edwin S. Clif-
ford, Manager; London Bureau: Remo
House, 310 Regent St., London, W. 1.
Bruce Allan, Representative. Cable address:
"Quigpubco, London"; Berlin Bureau:
Berlin - Tempelhof, Kaiserin - Augustastrasse
28, Joachim K. Rutenberg, Representative;
Paris Bureau: 19, Rue de la Cour-des-
Noues, Pierre Autre, Representative; Rome
Bureau: Viale Gorizia, Vittorio Malpassuti,
Representative; Sydney Bureau: 102 Sus-
sex Street, Cliff Holt, Representative; Mex-
ico City Bureau: Apartado 269, James
Lockhart, Representative; Glasgow Bureau:
86 Dundrennan Road, G. Holmes, _ Repre-
sentative; Budapest Bureau: 3, Kaplar-u,
Budapest, II, Endre Hevesi, Representa-
tive; Moscow Bureau: Civtzev Vrazhek,
N. 25, Apart. 146, Moscow, U.. S. S. R.,
Bella Kashin, Representative. Cable ad-
dress: "Samrod, Moscow."
Entered as second class matter, January
4, 1926, at the Post Office at New York
City, N. Y., under Act of March 3, 1879.
Subscription rates per year: $6 in the
Americas, except Canada $15 and foreign
$12. Single copies: 10 cents.
"Heart" and Waring,
Paramount, $55,000
First week of Fred Waring and his
orchestra on the stage and "Here Is
My Heart" on the screen was good
for $55,000 at the Paramount. The
Rivoli, with the first seven days of
"The Mighty Barnum" behind it tal-
lied S37,000 for the period.
"Forsaking All Others" is headed
for a $70,000 week at the Capitol. For
the first three days the take was $34,-
000. Four days of "The Band Plays
On" was brutal at $4,500. "Music in
the Air" at the Palace garnered about
$7,000, while the second week of "Hell
in the Heavens" at the Mayfair ended
with $11,000. The Astor is no heart-
ache for Walter Reade. For the sec-
ond week of "Babes in Toyland," the
tally was $10,500, and despite the fact
that Loew opened the picture at the
New York at a smaller admission,
Reade intends to keep Laurel & Hardy
at his house as long as the gross
keeps up. The Mayfair last week
dropped to a 55 cents top, the same as
the Roxy. This also holds for the
Astor.
Greenblatt in New Job
Arthur Greenblatt today assumes
operation of General Pictures Ex-
change, moving Greenblatt Exchange
into General's quarters in the Film
Center Bldg. Phil Meyer moves over
to the Fox exchange to assume man-
agement of Gaumont British sales in
the local territory.
Saenger Loses
122 Theatres
To 4 Circuits
{Continued from page 1)
operated by Sparks, receives 12 the-
atres of the former Saenger holdings
in Florida.
Saenger Theatres, itself, which
prior to its 1932 receivership operated
or had interests in 167 theatres in
eight states, is reduced to 45 houses in
six states under the decentralization
program. Saenger is completely di-
vested of its operating interests in
North Carolina and Virginia, while its
former holdings in Texas are reduced
to two houses at Texarkana; in
Florida, to two at Pensacola; in
Arkansas, to three ; in Alabama, to
four ; in Louisiana, to eight, and in
Mississippi, to 26. Paramount holds
a 50 per cent interest in Saenger, with
the remaining 50 per cent held by E.
V. Richards, the operator. Paramount
also holds a 50 per cent interest in
the Wilby-Kincey circuit, Jefferson
Amusement Co. and Central Florida
Theatres, and a two-thirds interest in
Publix-Saenger-Sparks.
Hatrick West Again Soon
E. B. Hatrick, in charge of Hearst's
film interests, leaves for the coast
again the latter part of January. He
returned last Monday after setting
"Page Miss Glory" as Marion Davies'
first under the new Warner deal. His
next trip west will be in connection
with getting set on other films Miss
Davies and Cosmopolitan Prod, will
make this season.
Disney Plans Expansion
Hollywood, Dec. 30. — Walt Disney
has made an application for a permit
to erect an additional building to
house artists and other studio help at
his studio on Hyperion Ave.
Japan Plans Reel Action
Tokyo, Dec. 30. — Plans to prevent
newsreels from depicting the Japanese
in an unfavorable light are being made
by the film bureau of the Foreign
Office.
Hope for NewFWC
Setup Next Month
(Continued from page 1)
January. As yet Spyros and George
Skouras have not signed the 10-year
joint operating contract.
In addition to taking over assets of
Fox West Coast, National will ac-
quire all Wesco subsidiary units, in-
cluding Fox Rocky Mountain and
Fox Midwest. These two units are
expected to be taken out of bank-
ruptcy by the end of March. New
companies have already been formed
to replace them. Associated Theatres
will supplant Fox Rocky Mountain
and Fox Midcontinent will replace
Fox Midwest.
Spyros Skouras leaves for the coast
the latter part of January, while S. R.
Kent, president of National, departs
either today or tomorrow.
Sichelman Heading
New Fox Sales Unit
With the creation of a new foreign
division to handle distribution of all
pictures made outside of the Holly-
wood studios, Clayton P. Sheehan,
Fox general foreign manager, has ap-
pointed Jack Sichelman head of the
new department. Sichelman for the
past two years has been managing the
Fox Movietone News bureau. He
has taken over his new duties. The
newly created branch of the foreign
department will handle Spanish,
French, German and British films ac-
quired by the company in addition to
all "dubbed" pictures.
Irving Maas continues as assistant
foreign manager. Harry Mersay,
who assisted Sichelman in his former
post, has been promoted to head of
the Fox Movietone News statistics
bureau.
Harry McMahon Married
Pittsburgh. Dec. 30. — Harry Mc-
Mahon, chief projectionist at War-
ners' Kenyon on the Northside. and
Mary Stanley of Fairmont, W. Va.,
have been married here. McMahon is
a member of Variety Club.
Para, to Start Drive
Paramount tomorrow starts a three
months' sales drive.
Consolidated Off Half on Big Board
(Quotations at the close of Dec. 29)
High Low Close
Columbia Pictures, vtc 38?^ 3854 38%
Consolidated Film Industries 6 5% 5%
Consolidated Film Industries, pfd 197,4 1954 19?|
Eastman Kodak 11254 112*5
Eastman Kodak, pfd 121 121 121
Fox Film "A" 1354 1354 1354
Loew's, Inc 3536 3454 3454
Paramount Publix, cts 3H 3*4 3H
Fathe Exchange VA VA VA
Pathe Exchange "A" 15^ 15 15
RKO VA 2H
Warner Bros 4% VA 4%
Warner Bros., pfd 2154 21% 21%
Net
Change
+ %
- 54
+1
+ 54
- 54
+ Vi
+ 'A
+ 54
+ 54
Sales
300
600
700
900
3,000
1.000
3.500
4,100
700
1,900
600
1,400
1,000
Technicolor Has Quarter Rise on Curb
High Low
Technicolor 13'4 13J4
Trans Lux 254 2%
Net
Close Change
1354 + 54
254
Sales
200
400
Pathe Bonds Gain l1/^ Points
Keith B. F. 6s '46
Loew's 6s '41, ww deb rights.
Paramount F. L. 6s '47
Paramount Publix 5%s '50...
Pathe 7s '37, ww
Warner Bros. 6s '39, wd
Net
High
Low
Close
Change
Sales
m
816
3
73Vz
7354
7354
+ H
1
10554
105
105
- 54
4
61%
61?^
6VA
3
62
62
62
8
102
10154
102
+154
4
5854
5854
5854
+ 54
8
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Personal ►
ARCHIE FEINBERG, general
sales manager of U. S. Air Con-
ditioning Corp., is making temporary
New York headquarters at the Inter-
national Seat Co. offices in the Para-
mount Bldg. pending the opening of a
new U, S. office here for Kooler-Aire
sales.
Harold F. Clark, advertising and
promotion man with MacFadden pub-
lications, has been named assistant to
Carroll Rheinstrom, advertising
manager of MacFadden's women's
group and Photoplay.
Maurice Sigler, Al Hoffman and
Albert Goodheart, songwriters, who
have been working for Gaumont-
British in London, are on their way
home on the Washington.
Arthur Hammer is now general
representative for the Photocolor
Studio and Laboratories of Irvington-
on-Hudson.
Max Levinson left for Boston Sat-
urday after spending three days, two
of which were taken up with code
matters, here.
Paul Muni, accompanied by Mrs.
Muni, arrives here Wednesday from
the coast on the Santa Elena.
Nathan Yamins is in Bermuda.
He returns to Fall River, Mass., the
end of the week.
J. P. Medbury's "Crazy People"
has been bought by Paramount for
George Burns and Gracie Allen.
Sam Moross left yesterday for
Atlanta to spend the holiday with
relatives.
Bob Hope has completed work in
another Vitaphone musical, "Say
When."
Sidney and Leo Justin return from
a southern vacation cruise on Jan. 4.
Open at Hickory, N. C.
Hickory, N. C, Dec. 30— Formal
opening of the new Carolina theatre
here was attended by dozens of civic
and business leaders of this section
and hundreds of people unable to
crowd into the theatre were turned
away. John F. Miller is owner and
operator.
In the afternoon of opening day a
reception was held and over 5,000
called. Hickory's population is only
12,000.
Goldstone Starts Jan. 2
Hollywood, Dec. 30. — "Typee,"
Phil Goldstone's first for M-G-M, will
go into production Jan. 2. After a
two weeks' shooting schedule at the
studio the entire unit will leave for
a two months' location trip to the
south seas.
Max Young Recovers
Canton, Dec. 30. — Max Young, 50
per cent of the firm of Young and
Reinhart, operating the McKinley,
State and Mozart, again is back on
the job after a six months' illness.
Penned s Next Selected
Hollywood, Dec. 30. — Joe Penner's
next for Paramount will be "Joe Col-
lege."
Monday, December 31, 1934
MOTION PICTURE
DAILY
3
MOTION PICTURE DAILY3
HOLLYWOOD PREVIEW
"Life Begins"
( Universal)
Hollywood, Dec. 30. — This is a roadshow, and just as March of Time
dramatizes fact news via radio for intense interest, Dr. Eugene Frenke,
iu a daring film departure, picturizes Dr. Robert Cornish's world famous
experiment of bringing a dead dog to life.
Charged with human drama and unique thrills, the story visualizes
the scientist's (Onslow Stevens) love for his son (George Breakstone)
and the boy's love for his dog (Scooter). The plot is heart appealing,
climaxed by Dr. Cornish's actual laboratory performance.
Produced with montage effects and startling camera angles, the film
moves from a mild start to a breath-taking finish, revealing an amazing
discovery so powerful and truthful that this high point transcends all
else.
Stevens and Breakstone render fine performances, with the cast in-
cluding Lois Wilson, Stanley Fields, Frank Reicher, Richard Carle and
a group of youngsters all good.
The story is by Frenke and James Hogan and the screen play by
Arthur Horman and John Woodrich, with dialogue by Mary McCarthy
and Wolfe Gilbert. Robert Planck photographed well.
Coming on the publicity flood describing Dr. Cornish's amazing ex-
periments plus a production deviation from the beaten path and the
dramatic power of the idea itself, the film should stimulate real business
provided plenty of elbow grease is used in attracting crowds, as word
of mouth will provoke subsequent trade. This out of the ordinary film
demands out of the ordinary exploitation. Production Code Seal, No.
425. Running time, 60 minutes. "G."
Looking 'Em Over
"Beast of Borneo"
(Du World)
Set this down as a mediocre film, which, aside from a synthetic thrill
or two, has little to offer in the way of real entertainment. Its appeal
seems to be directed primarily at the juveniles. There is not one cast
name that might be used as a selling argument. The story is routine,
with small regard for plausibility. Photography and settings are no
better than adequate, while the actors struggle valiantly but to little
avail with the material at hand.
A doctor (Eugene Sigaloff ) goes to Borneo with his woman assistant
(Mae Stuart) in search of a grown orang-outang on which he wishes
to try certain of his experiments. He becomes jealous of his guide (John
Foster), an American engaged in capturing animals for zoos. Foster
barely escapes death when he is carried off by a giant orang-outang after
he has been struck unconscious by the doctor, Miss Stuart comes to his
rescue and the doctor dies in the embrace of the beast.
There is a measure of fun provided by the antics of a trained chimp.
The jungle scenes may hold some interest, regardless of whether they
are authentic or not.
Harry Garson directed. No code seal. Running time, 64 minutes. "G."
Propose 75^
As Hourly Low
In Booth Wage
(Continued from page 1)
For theatres seating more than 4,000,
regardless of admission, the rate is $6
an hour.
It is explained in the schedule that
the figures given are the rate per hour
that the theatre is in operation, and
no operator shall work more than 30
hours a week. Where booth cost on
Oct. 1, last, was less than $60 a week,
the minimum booth cost shall be $60
a week, but where booth cost on Oct. 1
is reduced, the reduction shall not be
more than 33 1/3 per cent a week.
Exceptions may be made by an arbi-
trator or arbitration board which may
be provided for collectively.
The proposed schedule is to exist
for a period of 10 years, subject to
collective revision at stated intervals,
the first revision to be no sooner than
two years from the date of enactment.
Fight on Minimum Seen
Independent exhibitors are under-
stood planning to go to Washington
on Jan. 11 to fight the proposed 75
cents per hour booth minimum. Many
of the booths are now being operated
at costs considerably less than those
contained in the proposed agreement
and efforts to increase operators'
wages will be contested vigorously, it
is reported.
The fact-finding committee, which
prepared the schedule, met again over
the week-end at Campi headquarters to
go over details of the plan. Some of
the members are understood not in
accord, particularly independents, and
efforts are being made to revise the
schedule prior to the Capitol hearing.
No Code Breach Is
Found at Hamilton
(Continued from page 1)
regional board at Albany and Code
Authority had found themselves unable
to deal with it. The matter was heard
Dec. 20 before the compliance board,
which rendered the following decision :
"Complainant has not sustained the
burden of proving that respondent
knowingly and intentionally interfered
with pending negotiations between
complainant and his landlord pertain-
ing to or affecting the possession,
operation or occupancy of the Hamil-
ton Theatre, Hamilton, N. Y., for the
purpose of preventing the consumma-
tion of such negotiations so as to de-
prive complainant of continued opera-
tion, possession or occupancy of such
theatre.
"Upon the basis of the evidence sub-
mitted, the compliance council does
not find a violation of the code as
charged, and, therefore, recommends
that the case be closed."
ITOA Plans Work on
Clearance Schedule
Plans are under way by the I.T.O.A.
to draw up a clearance and zoning
schedule for the local territory, now
that the labor situation is nearing a
settlement, it was indicated by Harry
Brandt, president, on Saturday.
While he would not dilate on the
subject at this time, Brandt some time
ago stated that as soon as a basic wage
scale is set the unit would sign the
code and ask for a schedule. The
proposed schedule is understood to be
directed at Loew's, which, the unit
claims, has excessive protection in
practically all its situations. Resolu-
tions hitting Loew's protection have
been scheduled at two I.T.O.A. meet-
ings, but have not come up, the be-
lief being that demand for a revision
of the entire zoning situation would
preclude a direct attack on the major
circuit.
"Veil" Beats
Bad Chicago
Holiday Drop
Chicago, Dec. 30. — Cold weather
and snow put more than the usual dent
in Christmas business, but in spite of
this "The Painted Veil" ran up to the
$18,000 mark at the Roosevelt in 11
days. This is $7,000 over par for a
week.
"Bright Eyes" did well with a stage
show at the Chicago,, getting $35,000.
The only other attraction to do better
than fair, however, was "Chu Chin
Chow," with $10,000 at the McVickers
in its second week.
Total first run business was $99,000.
Average is $130,600.
Estimated takings :
Week Ending Dee. 24:
"THE PAINTED VEIL" (M-G-M)
ROOSEVELT — (1,591), 25c-35c-50c, 11
days. Gross: $18,000. (Average, $11,000)
Week Ending Dec. 27:
"PURSUIT OF HAPPINESS" (Para.)
ORIENTAL — (3,940), 25c-40c, 7 days.
Stage: Gus Van, Ted Cook band, Alton
Girls. Gross: $15,000. (Average, $15,000)
"BRIGHT EYES" (Fox)
CHICAGO— (4,000), 2Sc-50c-68c, 7 days.
Stage: B. & K. Christmas Festival,
Proske's Tigers. Gross: $35,000. (Average,
$34,600)
"THE GAY BRIDE" (M-G-M)
GARRICK— (900), 25c-35c-40c, 7 days.
Gross: $5,000. (Average, $5,000)
"CARAVAN" (Fox)
PALACE— (2,509), 25c-35c-50c, 7 days.
Stage: Milton Berle, Baby Rose-Marie,
Pat Rooney. Gross: $20,000. (Average,
$22,000)
Week Ending Dec. 28:
"KID MILLIONS" (U.A.)
UNITED ARTISTS— (1,700), 30c-40c-60c,
7 days, 3rd week. Gross: $11,000. (Aver-
age, $17,000)
"FLIRTATION WALK" (FJM.)
APOLLO— (1,400), 25c-35c-50c, 7 days,
4th Loop week. Gross: $8,000. (Average,
$12,000)
Week Ending Dec. 25:
"CHU CHIN CHOW" (Gaumont British)
McVICKERS— (2,284), 25c-35c-50c, 7 days,
2nd week. Stage: Shakespearean Plays.
Gross: $10,000. (Average, $9,000)
Week Ending Dec. 29:
"ONE EXCITING NIGHT" (Univ.)
STATE-LAKE — (2,776), 20c-25c-35c, 7
days. Stage: Joe Larry. Jr Revue. Gross:
$12,000. (Average, $15,000)
"Toyland" on Dual
$5,000 Omaha Lead
Omaha, Dec. 30. — Most of the
Christmas week business downtown
was centered at the Orpheum. A
combination of "Babes in Toyland"
and "Home on the Range" ran $500
over normal for a total of $5,000.
Total first run business was $10,400.
Average is $9,500.
Estimated takings for the week end-
ing Dec. 24:
"MARIE GALANTE" (Fox)
"REDHEAD" (Monogram)
WORLD— (2,200), 25c-40c, 5 days. Gross:
$2,800. (Average, $2,500)
BRAND E1S— (1.200), 20c-25c-35c, 5 days.
Gross: $2,600. (Average. $2,500)
"FUGITIVE LADY" (Col.)
"WEDNESDAY'S CHILD" (Radio)
"BABES IN TOYLAND" (M-G-M)
"HOME ON THE RANGE" (Para.)
ORPHEUM— (3,000), 2Sc-40c, 4 days. Gross:
$5,000. (Average, $4,500)
Extras Ask New Rate
Hollywood, Dec. 30. — The extras
standing committee has recommended
to Washington that a minimum of
$10 a day be set for riding actors and
that this clause be inserted in the
code.
Hollywood Personals
Hollywood, Dec. 30. — Gene Raymond's beautiful red and white
Christmas cards a sensation . . . also Jean Harlow's pure white
ones. . . . Charles MacArthur off for New York. . . . Madge Evans
on her way to Broadway via train. . . . Jack Conway posing for
passport pictures prior to sailing for England. . . . E. B. De Groot,
executive of the Boy Scouts of America, sends a personal letter
of congratulations to John Considine, Jr., for his production,
"Sequoia." . . . The dancing team of Veloz and Yolanda doing
roles in Paramount's "Rumba" as well as instructing George Raft
and Carole Lombard in the rumba. . . . William Faversham
spotted in "Becky Sharp" by Pioneer Prod. . . .
in
THE MIGHTY
A DARRYL F. ZANUCK Production
PRESENTED B
OSEPH M . SCHENCK
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CENTURY
PICTURE
S Released thru
UNITED ARTISTS
MOTION PICTURE
DAILY
Business Revival Forecast;
One Exhibitor Body Urged
6
Mexico Is Hit
By the Start
Of Free Show
(Continued from page 1)
bank's depositors and exhibitors are
worrying about a spread of the idea.
Cinelandia, devoted exclusively to
shorts from noon to midnight, has been
opened in a business building. This
is the first house of the kind in Mex-
ico. French and German two-reelers
have made up the programs so far.
Arcady Boytler, French actor and di-
rector, heads a group of Mexican men
behind the venture.
* ■ **' $
Mexican producers are continuing to
show a fancy for 10 and 12-reel his-
torical films. The latest to be an-
nounced is a drama based on the life
and deeds of Netzahualcoyotl, poet and
king of the Texcocans.
Shock pictures are going over big
here. An outstanding example is the
reception being accorded "Forgotten
Men" at the Cine Principal. Capacity
crowds are the rule day and night at
28 cents. A heavy exploitation cam-
paign preceded the showing.
Free Shows Stopped
In Boston Theatres
(Continued from page 1)
home after three days in New York.
He said an agreement has been
reached with Scott's Furriers to
switch tryouts for ether shows from
the Boston Opera House to one of
the local theatres with the completed
air program staged in a radio broad-
casting station.
New England independents objected
to Scott's free admissions to the opera
house during the tryouts, claiming
that this type of gratis show has hurt
theatre attendance. The fur concern
has agreed to put on the tryouts at
one of the local theatres where ad-
missions are charged for the regular
show. The tryouts will be an added
attraction for which no increase in
admissions will be charged, Levinson
said. Whether the test performances
will be put on at one theatre or routed
has not been determined.
Stanley Returns to
Shows in Pittsburgh
Pittsburgh, Dec. 30. — After two
months of straight pictures, the Stan-
ley will return to stage shows, tempo-
rarily at least, the week of Jan. 11
when Jack Benny comes here at the
head of his own unit. His wife and
air partner, Mary Livingston, will be
with him.
Marcus Takes House
Indianapolis, Dec. 30. — Manny
Marcus has taken over management
of the Capitol. The house is operated
by the Central City Amusement Co.,
of which Carl Niesse is general man-
ager.
Oscar Bradley to Coast
Hollywood, Dec. 30. — Oscar Brad-
ley, recently signed as musical super-
visor by Fox, arrives here within the
next two weeks to assume his new
duties.
By EMMETT THURMON
(Continued from page 1)
ture success of the industry, that the
children be brought back to the the-
atre in order that they may grow up
"movie-minded."
The theatre code has moulded a few
of the broken links in the production,
administration and exhibiting ends of
the industry. The code is not perfect
by any means and has not accom-
plished all it was hoped for. There
has been much chiseling and manipu-
lation to avoid the spirit and purpose
thereof. Local exhibitors should be
given a greater reign and control of
the exhibition end of the industry.
Local conditions are different and,
therefore, need the ingenuity, experi-
ence and knowledge of local exhibitors
to formulate plans, methods and means
of better handling the situations. The
various boards set up under the code
are not rendering the impartial and
fair administration of the various
things that come within their juris-
diction as was anticipated. It is
hoped that these errors and mis-
takes may be corrected in the near
future.
It is evident that the various rep-
resentatives of the producers, distribu-
tors and exhibitors are beginning to
more thoroughly understand and ap-
preciate the necessity of a close and
mutual interest of each other than
ever before. Yet, there is much to
be accomplished along this line. Live
and let live is still a fundamental
necessity in the industry.
Urges One Exhibitor Body
One of the greatest necessities, in-
sofar as the exhibitors are concerned,
is one national organization that will
represent the exhibitors honestly, fair-
ly and for the interest of all. It is
quite difficult to accomplish any great
good when the exhibitors fuss, fight
and disagree among themselves as to
a national policy. A united front
with all guns directed on a strategic
point is vital.
The Federal laws pertaining to
copyrighted music should be changed
in order that the exhibitors and pro-
ducers should not be overburdened
with unreasonable, unjust and detri-
mental fees, licenses and taxes. This
can be accomplished when our sena-
tors and congressmen thoroughly un-
derstand the situation and they can
be made to understand if the exhibitors
co-operate in a body to present their
cause.
Fundamentally, there isn't anything
wrong with the industry. It is a
wonderful enterprise and essential to
the welfare and contentment of the
public. It affords the cheapest and
best entertainment possible. The busi-
ness is not a racket, but a legitimate
industry, worthy of the most serious
consideration of our best minds. Many
individuals deserve much credit for
the valuable work, effort and good
judgment which they have used in
building up this great business thus
far. If we profit by the mistakes of
yesterday, tomorrow will be filled
with pleasant surprises ; if the un-
worthy can be eliminated and quality
substituted therefor, the industry will
survive and build on to greater
heights.
By M. E. COMERFORD
(Continued from page 1)
I feel, however, that we will ex-
perience a real revival in business dur-
ing the coming year. Every indica-
tion now points that way. The appre-
ciation in the value of securities, the
advance in orders along the major
industrial lines and other tangible evi-
dences of increasing public confidence
sustains the conviction that as a nation
we are getting back on our feet
In that relation it is also very
reasonable to conclude that the bigger
business elements will come into more
complete harmony with the announced
purposes of the national government.
As these policies have also been made
a part of the official programs of about
43 states, including all of the major
commonwealths, we can, with much
hope, look for business revivals of a
very definite nature.
All of this will be mutual. Amer-
ican business leaders are reasonable.
They are also patriotic and, in the
main, have no desire to oppose the
policies of the government.
As in other lines, it is to be pre-
sumed that where changes are neces-
sary those in charge of different major
elements in the business will make re-
adjustments to fit into the general
scheme of things. As matters move
generally so we must move. We can
even assume a leadership and give our
resources and facilities to the work of
helping to guide these new movements
and coordinate the prosperity trend of
the nation.
Sees Opportunity for Service
I feel that we aie in a position to
lead and our daily contact with the
public will enable ms to be of much
service to government, business and
the people generally. In my own dis-
tricts, I am putting this idea into prac-
tice as much as I can and I find that
these efforts not only help the general
situation along but meet with popular
approval.
In the specific handling of our own
business, of course, we must have ap-
pealing programs. It is not only nec-
essary to have good pictures, but the
shows must be blended to meet up with
the desires and emotions of the people.
We could with profit give more time
to that feature.
In picture production attention must
be given to the demands made upon us
by church authorities and others.
Some of these may seem unreasonable.
But let us always approach the matter
in a conciliatory and helpful way. It
is the right of the government and the
churches to insist upon certain picture
standards as is the case in other things.
We are in agreement with all on the
desirability of having wholesome en-
tertainment. That is our policy and
will be found to be the general rule.
It is only the exceptions to this which
cause controversy.
In 1935, I feel that every responsible
element in our business should move
toward aiding the trend toward pros-
perity. That is fundamental. We
must recognize it. Then in the direct-
ing of our internal business affairs we
will find that an honest, equitable and
fair policy all around will beget con-
fidence and increase our general busi-
ness and bring prosperity to all theatre
owners and, of course, in a correspond-
ing degree to all others in the industry.
I earnestly hope for a prosperous 1935.
Monday, December 31, 1934
KMTA Closely
Watching Two
Legislatures
(Continued from page 1)
ranks, will represent the industry in
this territory at Jefferson City, Mo.,
while R. R. Biechele, secretary of the
organization, will watch developments
at Topeka.
Several bills inimical to the indus-
try are reported ready to be thrown
into the Missouri hopper. In addition,
Governor Park has announced he will
seek extension of the sales tax and a
boost in the present levy of one-half
of one per cent to at least one per
cent.
The sales, or occupation tax is at
present absorbed by the exhibitor as
an assessment on theatre tickets.
Stapel favors a levy that can be
passed on to the ticket buyer.
The Missouri sales and liquor
taxes, passed at the 1933 session as
emergency measures, have not pro-
duced the expected or required revenue
for relief, which faces a deficit of
$2,500,000 for the biennium ending
Dec. 31. Merchants throughout the
state are reported to have organized
to resist extension or increase of the
sales tax, but it is pointed out that
opponents must present some taxation
program in order to defeat the sales
levy increase.
Report British Busy
On Stereoscope Film
(Continued from page 1)
correspondent of the North American
Newspaper Alliance, in an article
cabled to this country.
Gaumont, the article states, has
equipped a special research laboratory
for the experiments and hopes for
definite results within the next year.
One system involves embedding in the
film itself two separate lenses and also
requires a special screen. Details are
being kept secret. Complicated proc-
esses of filming and projection are in-
volved, the writer states.
"A second process," the article con-
tinues, "involves the printing of two
views of the same scene on the same
positive film. The difference of the
angle of the two views is the distance
between human eyes. In projection
the film would have to travel behind
ten lenses, and the screen would have
to be fitted with lines or bars to pre-
vent the right eye from seeing the left-
eye picture and vice versa.
"Up to the present, most film pro-
ducers here have been afraid of the
introduction of stereoscopy and of
color films. Their advent would in-
volve revolutionizing their methods of
photography and new projection in-
stallations. The public, however,
once a stereoscopic film had been suc-
cessfully launched, would turn away
from the present shadow pictures as
they did from silent films when the
first talkie appeared."
More Delay for "Sharp"
Hollywood, Dec. 30. — The produc-
tion of Pioneer's first picture, "Becky
Sharp," which was temporarily halted
by the death of Lowell Sherman, who
was directing it, will be further hind-
ered, it is thought, by a cold and
eye illness that has confined Miriam
Hopkins to her home.
WILL YOU BE THERE WHEN THE
FEDERATION ROLL IS CALLED?
AMUSEMENT DIVISION
CHAIRMAN:
Albert Warner
EXECUTIVE
COMMITTEE:
David Bernstein
Jack Cohn
Al Lichtman
Louis Nizer
Eugene Zulcor
TEAM CAPTAINS:
Motion Picture Producers
and Distributors
SAM MORRIS
Warner Bros.
DAVID BERNSTEIN
LEOPOLD FRIEDMAN
Loew's M.G.M.
AL LICHTMAN
United Artists
JACK COHN
A. SCHNEIDER
Columbia Pictures
EUGENE ZUKOR
Paramount Pictures
JULES LEVY
PHIL REISMAN
R.K.O.
ED. L ALPERSON
HARRY BUXBAUM
Fox
HARRY THOMAS
Independents
Independent Theatre
Exhibitors
LOUIS FRISCH
SAM RENZLER
Independent Theatre
Owners
HARRY BRANDT
LEO BRECHER
Legitimate Theatres
MARCUS HEIMAN
DR. HENRY
MOSCOWITZ
Radio Artists and
Stage Artists
PHIL BAKER
EDDIE CANTOR
Music Publishers
LOUIS BERNSTEIN
J. J. BREGMAN
IRVING CAESER
ROBERT CRAWFORD
EDWARD MORRIS
SIGMUND ROMBERG
HENRY SPITZER
Laboratories and Trailers
HARRY GOETZ
JACK GOETZ
HERMAN ROBBINS
Booking Offices
ABE LASTFOGEL
WILLIAM MORRIS, JR.
MARVIN H. SCHENCK
LOUIS K. SIDNEY
Motion Picture and
Theatrical Attorney
LOUIS NIZER
Trade Papers
JACK A LI COAT E
MAURICE D. KANN
SID SILVERMAN
CARL F. ZITTEL
Orchestras and
Vaudeville Stars
BORIS MORROS
Burlesque Theatres
MAX RUDNICK
Orchestra Leaders
EDDIE DUCHIN
Musicians
MICHAEL MARKEL
Motion Picture Club
LEO KLEBANOW
Come-On-Boys! Keep up the good work!
We of the Amusement Industry must make GOOD
our promise.
A complete list of all contributors to the Federation
Emergency Campaign will be published in this pub-
lication soon. Will your name be among the missing?
You don't want this to happen— Neither do we.
So come through, boys— You've never failed a good
cause yet.
FEDERATION
And Its 91 Charitable Institutions
NEEDS
YOU
NOW
Federation for the Support of Jewish
Philanthropic Societies of New York
City, the efficient 'community chest'
for 91 leading welfare agencies, in-
cluding seven nationally known
hospitals.
MOUNT SINAI
BETH ISRAEL
MONTEFIORE
BEDFORD HILLS SANITORIUM
LEBANON
HOSPITAL FOR JOINT DISEASES
JEWISH MATERNITY HOSPITAL
whose services are given without re-
gard to race, color, or creed, must
wipe out a $2,071,000 deficit by De-
cember 31, in order to balance its
$3,655,000 budget. Federation helps
more than a quarter of a million people
every year. These unfortunates need
Federation NOW more than ever
before.
ALBERT WARNER, Chairman
321 West 44th Street, New York
I hereby make a special donation of $ payable before
December 31, 1934.
1934
NAME
ADDRESS
Please make checks payable to WALTER E. BEER, Treasurer of Federation.
MOTION PICTURE
DAILY
Monday, December 31, 1934
Urges Swing
To Intern'l
Film Slant
By J. H. SEIDELMAN
Foreign Manager, Columbia
There have been many changes in
the past 12 months in the foreign mar-
kets, and these
changes have
very forcibly di-
vided the world
into two major
classifications :
(a) English-
speaking terri-
tories, including
those which per-
mit and accept
American pic-
tures with or
without super-
imposed titles.
(b) Non - Eng-
1 i s h speaking
countries.
The American motion picture has
held its own in the territories under
(a) and in fact can boast of consider-
able progress in those countries. Eng-
land and its colonies are, of course,
the most important group of these
territories, and represent a very sub-
stantial percentage of the foreign in-
come. Fortunately, there has been no
serious legislation in this group to
impede the progress of American pic-
tures. While it is true that local-made
pictures have improved and increased
in demand, they have only replaced the
poorer American pictures and not the
better class of imported productions.
Laws Hurting U. S. Films
The group of territories represented
in (b) presents the most difficult prob-
lems and returns the least revenue.
The serious economic conditions of
the various countries have forced the
passing of legislation which has not
only made it unprofitable for Ameri-
can companies to do business, but, in
many instances, wholly impossible.
Fortunately this sjroup of territories
contributes only a small portion of
foreign income.
A producer who wants to do a 100
per cent job must be "international
minded" and must definitely plan to
include in his program a few of the
international type pictures. Local pic-
tures can never compete with the im-
portant pictures of Hollywood as long
as they are confined to the limitations
of a particular language or country.
The formula for making suitable pic-
tures for the foreign market must cer-
tainly be well known to Hollywood
producers by this time. The most im-
portant thing of all is for such pro-
ducers to be "foreign" as well as
American-conscious when considering
material for motion picture production.
Suitable "international" pictures
with less dialogue and more music
will do more to break down local
legislative resistance than all official
diplomacy combined. With such pic-
tures the year 1935 holds great
promise to the American industry.
Michael Back on Job
Buffalo, Dec. 30. — Improved in
health after his recent accident and
illness, Jules H. Michael, Buffalo
zone chairman of the M.P.T.O., is
back at his desk every afternoon.
Predicts Higher Takes for
Outstanding in Attractions
By CHARLES
Producer for
Hollywood, Dec. 30. — I believe 1935
will prove that the outstanding picture
will gross more
than ever before
and that the
ordinary "pro-
gram picture"
will gross even
less than in re-
cent years.
I arrive a,t
this conclusion
from observa-
tion and my con-
tact with the
activities of the
various major
studios in Hol-
lywood.
I find that the important producers
are concentrating on the so-called
"special picture," and that is where
all of their enthusiasm lies, and when
R, ROGERS
Paramount
they are called upon to produce the
so-called "program picture," they ac-
cept it grudgingly and do it in the
light of a favor to the studio with not
one iota of the enthusiasm it should
receive.
In view of this trend, it is very
evident to me that 1935 will see the
"special" better than ever and the
"program picture" deteriorating.
I believe that this situation is much
more serious than the industry at large
realizes, as a great deal of the terrific
losses the theatres take are due to
these so-called "program pictures."
Therefore, it would seem to me that
something very drastic and intelligent
will have to be done before long by
the production end of our industry to
bring up the value of the program
picture so that it will serve a better
purpose than merely to meet a release
schedule from a major company.
Entirely Up
To Hollywood
Perspective
V.
By ARTHUR W. KELLY
P. in Charge Foreign Sales,
United Artists
American pictures will continue to
dominate the foreign market in 1935
as in previous
years, provided
Hollywood real-
izes that we are
doing a world-
wide business,
and keeps turn-
ing out product
that has an in-
ternational ap-
peal.
Every pro-
ducer in Holly-
wood should
have a map of
the world
tacked up on his
wall, or a globe decorating his desk
to remind him constantly that he is
making pictures not only for Bridge-
port and Broadway, but Bombay and
Buenos Aires, London and Shanghai —
in fact, every corner of the earth.
What moviegoers the world over
want are pictures that tell a down-to-
earth story with a miximum of action
and a minimum of dialogue. Variety,
of course, is essential. Lavish musi-
cal films, while desirable, should not
predominate. Sophisticated society
films are unacceptable and should be
eliminated in non-English speaking
countries.
On the whole, the average fan
abroad would rather see a Hollywood-
made product with its tremendous star
and production values (either dubbed
or with superimposed titles) than a
home-made picture in his own
language.
If the present trend toward action
pictures is adhered to, the industry
will do a far greater foreign business
in 1935 than at any time in its history.
Themes Bulk
Big Abroad,
Avers Hicks
By JOHN W. HICKS, JR.
Vice-President, Paramount Inter-
national Corp.
So far as it can be judged from this
December vantage point, 1935 is com-
ing in like any
other year,
neither better
nor worse than
any previous
twelve months.
During 1934
many of our
problems have
become intensi-
fied, but on the
other hand
many of the
knotty ones
have been
cleared up.
Therefore, so
far as a forecast of 1935 is concerned,
any person's guess is as good as the
next person's.
One of the problems which we have
always with us is that regarding over-
seas production. I believe there must
always be a certain amount of this.
The British quota law for a numberof
years has required American distrib-
utors to produce in England, although
there is always the possibility that
new legislation will some day call for
fewer and better quota pictures.
Naturally the question of overseas
distribution brings up the allied ques-
tion of how Hollywood's production
activities can aid us materially. Un-
doubtedly the foremost of these aids
can come with the production of pic-
tures with themes understandable in all
parts of the world. Our axiom in this
connection is that if a picture's theme
can be understood wholeheartedly ap-
preciated by the middle west of Amer-
ica, it can most certainly be understood
throughout the world. Secondly there
is the aid which can come from pic-
Sees Quality
Bettered for
Foreign Mart
By CLAYTON P. SHEEHAN
General Foreign Manager, Fox
It appears to me that 1935 will wit-
ness a steady improvement in the
quality of prod-
uct produced for
international en-
tertainment.
In Europe, es-
pecially in Eng-
land, local pro-
duction has in-
creased at a
tremendous pace
and American
producers have
seen the wisdom
of p r o d u c i ng
quality product
for their own
account in many
countries. Fox has greatly expanded
its local production schedule for 1935
in England, France, Germany and
also its Spanish-language pictures
made in Hollywood.
It would seem that the awakening
of picture producers in overseas terri-
tories is a good competition omen for
the future of the motion picture.
tures more easily understandable by
persons not knowing the language, but
they produce material savings both in
superimposing and dubbing costs.
Third of these aids comes in the
making each year of a few outstanding
productions designed primarily with
foreign distribution in view. It is pos-
sible to make pictures which might not
appeal tremendously in America, but
which are large grossers overseas.
Often these pictures are of the type
truly entitled to the term of "spec-
tacle." Musical pictures, in which real
singers sing real songs are outstanding
money-makers abroad. 1934 has wit-
nessed the triumphs of a few pictures
of this type and the magnitude of these
triumphs is proof enough of the ad-
visability of making such films a defi-
nite part of every major company's
program. So far as the proportion of
these in relationship to other product
is concerned, there is something which
any internationally minded production
executive can gauge for himself with-
out excessive prompting from the in-
ternational department of his company.
The best guarantee for international
distribution of the average picture, in
addition to its having universality in
theme, is that it should have a cast of
players known to the public. We have
to remember that audiences in foreign
countries have to be content with
either superimposed titles or dubbing
and that, accordingly, they have to be
compensated for being invited into the
theatre by the prospect of seeing at
least a couple of film faces that they
readily know and love. We fully real-
ize that in order to get new faces we
have to bring them on the screen and
make them known, but this process
should be accompanied by showing
them in association with definitely
known film favorites. If the new-
comers have the requisite talent, this
will pretty soon show and the fans
will get to know them just as they
got to know their favorites of old.
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